Krausman v Parramatta City Council

Krausman v Parramatta City Council - [2004] NSWLEC 503 - NSWLEC 2004 case summary — Zoe

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PART A - Deferred Commencement

Pursuant to the provisions of s 80(3) of the Environmental Planning and Assessment Act 1979, the development application be granted a Deferred Commencement Consent subject to the following: (a) Submission to Council of an application for a Building Certificate under s 149B of the EP&A Act within 30 days for that part of the premises the subject of the development application for a brothel; and (b) Council issuing a Building Certificate for the existing works in that part of the premises the subject of the development application. The above must be to Council's satisfaction and it is only on the issue of the Building Certificate that the consent for the use of the premises as a brothel in Part B can take effect. PART B Pursuant to the provisions of S.80(3) of the Environmental Planning & Assessment Act, 1979 the development application be granted a Deferred Commencement Consent subject to the completion of the following: Submission to Council of an application for a Building Certificate within 30 days. Upon the issue of the Building Certificate a full consent with be issued subject to the following conditions: General Matters
The development is to be carried out in compliance with the following plans listed below and endorsed with the Land and Environment Court stamp and in accordance with the Statement of Environmental Effects by John Boers Consulting dated December 2003, except where amended by other conditions of this consent: 2.1 Floor Plans, No.2597-2-C by Buildsolve, dated 1 September 2004, and 2.2 Site Plan, No.2597-1-B by Buildsolve, dated 21 April 2004.
This consent does not cover any works that have already been carried out. Reason: Consent cannot be issued for works that have already commenced.
All building work must be carried out in accordance with the provisions of the Building Code of Australia. Reason: To comply with the Environmental Act Planning and Assessment Regulations.
Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier. Plans submitted with the Construction Certificate are to be amended to reflect the conditions of this Development Consent.
Demolition work shall be carried out in accordance with Australian Standards AS 2601-1991 Demolition of Structures and the requirements of the NSW WorkCover Authority. Reason: To ensure appropriate demolition practices occur.
The proposed development is to comply with the regulations and guidelines of the New South Wales Health and WorkCover New South Wales in regard to the operation of Brothels. Reason: To comply with the relevant guidelines and regulations. Prior to the issue of a Construction Certificate (Note: Some conditions contained in other sections of this consent (including prior to occupation/use commencing) may need to be considered when preparing detailed drawings/specifications for the Construction Certificate.)
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to "Your Business" section of Sydney Water's web site at http://www.sydneywater.com.au then the "e-developer" icon or telephone 13 20 92. Following application a "Notice of Requirements" will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be timed consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. Reason: To ensure the requirements of Sydney Water have been complied with.
The provision of disabled access for the ground floor consulting room of the development is required and shall be in compliance with the Building Code of Australia Part D3 "Access for People with Disabilities" and Australian Standard AS1428.1 (2001) - Design for Access and Mobility - Part 1 General Requirements for Access - Buildings. This requirement shall be reflected on the Construction Certificate plans. Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.
A total of 1 car-parking space for disabled persons shall be provided as part of the total car-parking requirements. Consideration must be given to the means of access from the car-parking spaces to adjacent buildings, to other areas within the building and to footpath and roads and shall be clearly shown on the plans submitted with the Construction Certificate. All details shall be prepared in consideration of, and construction completed in accordance with Australian Standard AS2890.1 to achieve compliance with the Disability Discrimination Act 1995, and the relevant provisions of AS1428.1 and AS1428.4. Reason: To ensure equity of access and appropriate facilities are available for people with disabilities in accordance with Federal legislation.
The following plan amendments are to be included on or addressed by any Construction Certificate relating to the approved development: (a) The provision of obscure glazing to all consulting rooms shall be provided. This requirement shall be reflected on the Construction Certificate plans. (b) Ensure the maximum travel distances to an exit do not exceed BCA requirements. (c) All exit doors are to open and swing in the direction of egress, excluding the door onto the stairway from the ground floor consulting room. (d) Ensure disabled access to the entry point of the disabled (ground floor) bedroom and entry point complies with the requirements of the BCA Reason: To protect the privacy of adjoining neighbours, to ensure public safety and to comply with BCA requirements. Reason: To certify existing works.

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Prior to Work Commencing 12. A minimum of five (5) working days prior to any demolition work commencing a written notice is to be given to Parramatta City Council and all adjoining occupants. Such written notice is to include the date when demolition will be commenced and details of the principal contractors name, address, business hours contact telephone number, Council's after hours contact number and the appropriate NSW WorkCover Authority licence. Reason: To protect the amenity of the area. 13. Prior to demolition commencing, either the Principal Certifying Authority or Council's building surveyor must inspect the site. Should the building to be demolished be known or suspected by reason of the buildings age or otherwise to be found to be wholly or partly clad with bonded or friable asbestos material, approval to commence demolition will not be given until the PCA or/and Council is satisfied that appropriate measures are in place for the handling, storage, transport and disposal of the bonded or friable asbestos material. Prior to commencement of demolition an inspection fee is to be paid in accordance with Council's current fee schedule. Reason: To ensure proper handling, storage, transport and disposal of asbestos materials. 14. Demolition works involving the removal, repair, disturbance and disposal of a total surface area (not floor area) of 200 square metres or more of bonded asbestos material must only be undertaken by contractors who hold the appropriate NSW WorkCover Authority licence(s) and approvals. Reason: To comply with the requirements of the NSW WorkCover Authority. 15. On demolition sites where buildings are known to contain bonded or friable asbestos material, a standard sign containing the words 'DANGER ASBESTOS REMOVAL IN PROGRESS" measuring not less than 400mm x 300mm is to be erected in a prominent position on site visible from the street kerb. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site. Advice on the availability of these signs can be obtained by contacting the NSW WorkCover Authority hotline or the website ww.workcover.nsw.gov.au. Reason: To comply with the requirements of the NSW Workcover Authority 16. The site must be enclosed with a suitable security fence to prohibit unauthorised access, to be approved by the Principal Certifying Authority. No building work is to commence until the fence is erected. Reason: To ensure public safety. 17. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:- (e) Stating that unauthorised entry to the work site is prohibited; (i) Showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and (ii) Showing the name, address and telephone number of the Principal Certifying Authority for the work. (f) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed. (g) This condition does not apply to building works being carried out inside an existing building. Reason: Statutory requirement. 18. Prior to commencement of work, the person having the benefit of the Development Consent and a Construction Certificate must: (h) Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the appointment irrespective of whether Council or an accredited private certifier is appointed (if Council is nominated as the PCA please use the attached form) and (i) Notify Council in writing (on the attached form) of their intention to commence the erection of the building (at least two (2) days notice is required). The Principal Certifying Authority must determine when inspections and compliance certificates are required. Reason: To comply with legislative requirements.

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During Work 19. Building work may only be carried out six (6) days a week, Monday to Friday between the hours of 7.00am to 8.00pm and Saturday 8.00am to 8.00pm. No work is permitted to be carried out on Sundays or Public Holidays. Reason: To protect the amenity of the area. 20. Demolition works involving the removal of asbestos material may only be carried out six (6) days a week, Monday to Saturday between the hours of 7.00 am to 6.00 pm. No work is permitted to be carried out on Sundays or Public Holidays. Reason: To protect the amenity of the area. 21. A copy of this development consent, stamped plans and accompanying documentation is to be retained for reference with the approved plans on-site during the course of any works. Appropriate builders, contractors or sub-contractors are to be furnished with a copy of the notice of determination and accompanying documentation. Reason: To ensure compliance with this consent. 22. Noise from construction and/or demolition activities associated with the development shall comply with the NSW Environment Protection Authority's Environmental Noise Manual and the Protection of the Environment Operations Act 1997. Reason: To protect the amenity of the area. 23. Noise emissions and vibration must be minimised where possible and work is to be carried out in accordance with Environment Protection Authority guidelines for noise emissions from construction/demolition works and must also comply with the provisions of the Protection of the Environment Operations Act 1997. Reason: To ensure residential amenity is maintained in the immediate vicinity. 24. All bonded and friable asbestos waste material on-site shall be handled and disposed off-site at an Department of Environment and Conservation licensed waste facility by an DEC licensed contractor in accordance with the requirements of the Protection of the Environment Operations (Waste) Regulation 1996 and the EPA publication Assessment, Classification and Management of Liquid and Non-Liquid Wastes 1999 and any other regulatory instrument as amended. Reason: To ensure appropriate disposal of asbestos materials. 25. The contractor must submit to Council and the PCA, copies of all receipts issued by the DEC licensed waste facility for bonded or friable asbestos waste as evidence of proof of proper disposal within seven (7) days of the issue of the receipts. Reason: To ensure appropriate disposal of asbestos materials. 26. Dust control measures shall be implemented during all periods of earth works, demolition, excavation and construction in accordance with the requirements of the NSW DEC. Dust nuisance to surrounding properties should be minimised. Reason: To protect the amenity of the area. 27. The premises shall be ventilated in accordance with the requirements of the BCA. A Compliance Certificate is to be submitted to Council certifying that the system has been installed in accordance with the approved details and that the system is operational.

At a glance

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Judgment (94 paragraphs)

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Cited By (1)