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[2005] NSWLEC 3
Land and Environment Court (NSW)
2001-04-06
Original judgment source is linked above.
The applicant is required to bear the cost of the following works across the full frontage of the site, being Nos 5 and 5a Alexander Street: a) Construction of vehicular crossings. b) Closure of redundant vehicle crossings and replacement with concrete kerb and gutter.
c) Replace concrete footpath. This development consent does NOT give approval to any works on Council property. A SEPARATE APPROVAL IS REQUIRED UNDER SECTION 138 AND 139 OF THE ROADS ACT 1993 FOR ANY WORKS REQUIRED BY THIS CONDITION. The Construction Certificate must not be issued until Council's Manager - Assets has issued the Applicant with a written consent under the Roads Act. An "Application to carry out works in a Public Road" form must be completed and lodged, with the Application fee, at Council's Customer Services counter. Detailed engineering drawings (plans, sections and elevation views) and specifications of the works required by this Condition must accompany the Application form.
Four weeks should be allowed for assessment. Works generally must be in accordance with Council's "Specification for Road and Drainage Works" and relevant Australian Standards. Upon receipt of approval from Council, all amounts payable must be paid as soon as practicable to enable the works to be constructed prior to the completion of the development.
The cost of adjustment or relocation of any public utility service shall be borne by the owner/applicant
Hot Water System A heat pump hot water system or an energy efficient (minimum five star-rated) gas hot water service shall be installed in a position that maximises its efficiency by minimising heat loss in pipe-work. The service must be adequately sized to meet the anticipated maximum hot water demand of the dwelling. Where a pump is used to circulate water between tank and remote panels, any noise associated with the pump must not exceed 5dB at the property boundary. Details to be submitted to Council or the accredited certifier prior the issue of a Construction Certificate.
Insulation - Energy efficiency To reduce both summer heat gain and winter heat loss, the proposed residential building(s) is to be insulated to achieve energy efficiency and thermal comfort. Insulation to the following R value standards is to be provided; * R1.5 for roofs and ceilings (combined value) * R1.0 for walls
Details are to be included in the specification submitted with the Construction Certificate.
Plantation or recycled timbers To minimise the damage to the environment, no rainforest timbers or timbers cut from old growth forests are to be used in the construction of buildings. The Construction Certificate is to specify the timbers to be used. These are to be limited to plantation timbers grown on Australian farms, or State Forest Plantations, or recycled timbers.
Rainwater Tank A rainwater tank is to be installed and is to be designed and installed for outdoor and/or toilet usage.
The overflow for the rainwater tank shall be connected into a drainage line and conveyed to the street gutter, common drainage line or otherwise disposed of on site. Overflow must not be directed into a sewer pipe. Tank water supply taps are to be marked "tank water only - do not use for human consumption" unless a water purification system is also installed. It must also be maintained, as not to create a nuisance and both inlets and outlets must be protected against mosquito access by use of mesh or other mosquito barrier method.
The tank and any support structure must be set on a suitable, structurally sound, erosion resistant foundation. Any support structure elevating the tank above ground level must be in accordance with a design prepared by a practising structural engineer.
If a pump is installed it must not cause noise disturbance to neighbouring properties and should be weatherproofed and encased in sound insulation material. The tank must be covered or enclosed entirely to prevent children from wilfully or accidentally entering, climbing or falling into the tank.
The rainwater tank shall comply with AS/NZ 2179-1994 and AS2180-1986.
Details are to be submitted to the Council or the accredited certifier before the issue of a Construction Certificate.
Minimise impact of pool on adjoining properties To minimise the impact of the pool on adjoining properties and to ensure the safety of the pool area the design and construction of the swimming pool and associated equipment shall comply with the following requirements: a) The Swimming Pools Act 1992 & Regulations
c) Protection of the Environment Operations Act 1997
d) The swimming pool pump and associated equipment shall be isolated so that the noise emitted does not exceed 5 dB above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site. Note: The method of measurement of sound shall be carried out in accordance with Australian Standard 1055.1-1989.
Evidence from an appropriately qualified person that these design requirements have been met shall accompany the application for the Construction Certificate. Reason To ensure the safety and amenity of the area.
Swimming pool wastewater must be collected and connected in accordance with the requirements of Sydney Water.
Details are to be submitted with the application for a Construction Certificate and are to be to the satisfaction of Council or the accredited certifier.
Reason: To ensure the disposal of water is in accordance with the Sydney Water Corporation.
Swimming pool overflow waters must be collected and connected to the swimming pool wastewater disposal system.
Details are to be submitted with the application for a Construction Certificate and are to be to the satisfaction of Council or the accredited certifier.
Reason: To ensure the disposal of water is in accordance with the Sydney Water Corporation.
Conditions that must be satisfied before a Subdivision Certificate is issued
Prior the issue of a Subdivision Certificate, the applicant is to submit a survey plan, prepared by a registered surveyor, and at least six copies for certification by the General Manager or delegate.
Reason: Because it is in the public interest that the plan is certified by the General Manager or delegate, pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (or if relevant Local Government Act 1919) and that Council retain and catalogue a copy of that plan.
Prior the issue of a Subdivision Certificate, the applicant is to submit a certificate under Section 73 of the Water Board (Corporisation) Act 1994.
Reason: To ensure the provision of services is available to service the subdivision .
Conditions that must be completed before work commences
Sediment and erosion controls must be in place before work is commenced on the site. The control strategies must be consistent with the technical requirements set out in the Sydney Coastal Councils' "Stormwater Pollution Control Code for Local Government."
Material from the site is not to be tracked onto the road by vehicles entering or leaving the site. At the end of each working day any dust/dirt or other sediment shall be swept off the road and contained on the site and not washed down any stormwater pit or gutter.
A sediment and erosion control plan must be prepared and identify appropriate measures for bunding and siltation fencing. Any such erosion and sedimentation controls shall also include the protection of stormwater inlets or gutter systems within the immediate vicinity of the site.
The sediment and erosion control measures are to be inspected daily and defects or system failures are to be repaired as soon as they are detected.
Prior to the commencement of work, the approved plans must be submitted to the appropriate Sydney Water Office to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water's requirements, the approved plans will be appropriately stamped.
Council or the accredited certifier must ensure that Sydney Water has stamped the approved plans before work commences on site.
Conditions that must be complied with during construction
The building works must be inspected at the following stages during construction: a) Pre-commencement
f) Wet area flashings g) Completion
A compliance certificate or documentary evidence from a appropriately qualified person must be submitted detailing satisfactory compliance with the Building Code of Australia within seven days of inspection to the Principal Certifying Authority.
Reason: To ensure all works are completed in a satisfactory manner.
Demolition, excavation, building or subdivision work associated with the proposed development shall be restricted to the hours of 7.00 a.m. to 5.30 p.m. Monday to Friday inclusive, 7.00 a.m. to 1.00 p.m. Saturday. Work is not to be carried out on Sunday or Public Holidays.
Debris and rubbish must be hosed down and kept damp to prevent dust nuisance, and waste materials must not be burnt on the site.
Demolition must be carried out to AS2601-1991 Demolition Code.
Reason: To ensure that all works are carried out in a satisfactory manner so as to protect the amenity and safety of the public.
Noise levels during the demolition and construction stages must comply with the Environmental Protection Authority's Environmental Noise Control Manual and the Protection of the Environment Operations Act 1997.
Reason: To ensure that all works are carried out in a satisfactory manner so as to protect the amenity and safety of the public.
Reason: To preserve the amenity of the locality and to protect stormwater systems from pollution.
Reason: To protect stormwater systems from pollution.
Reason: To prevent pollution of stormwater systems and waterways.
All footings and walls adjacent to a boundary must be set out by a registered surveyor. On commencement of brickwork or wall construction a Survey and Report must be submitted to the Principal Certifying Authority indicating the position of external walls in relation to the boundaries of the allotment.
Reason: To ensure that the building is erected in accordance with the approval granted and within the boundaries of the site, and that existing amenity, structural integrity and functionality of adjoining premises is maintained.
No portion of the proposed structure, including gates and doors during opening and closing operations, shall encroach upon Council's footpath area.
Reason: To ensure no injury is caused to persons and to the existing and likely future amenity of the area.
Conditions that must be complied with before the building is occupied/swimming pool is operational
The building and swimming pool or any part thereof must not be used or occupied until a completion inspection has been satisfactorily carried out.
Reason: To comply with the requirements of the Environmental Planning and Assessment Act 1979.
A street number must be displayed in a position clearly visible from the street, in numbers having a height of not less than 75 mm. The number must be in place before the premises can be occupied.
Reason: To provide for the clear identification of the subject property.
Reason: To protect the amenity of adjoining properties .
The occupier of any premises in or which a swimming pool is situated must ensure that there is at all times maintained, in a prominent position in the immediate vicinity of the swimming pool, a sign which must contain the words "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL", together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the relevant provisions of the document entitled "Cardio Pulmonary Resuscitation".
Conditions that are ongoing requirements of Development Consents
The dwellings shall be provided with their own bins (waste and recycling) within the dwelling setbacks to Alexander Street. Bin storage should be suitably screened from the street.
Details to be provided with the application for a Construction Certificate.
Reason: To provide for appropriate and sensible disposal of waste or recycling.
The car parking spaces provided on the site shall remain as uncovered car spaces.
The roof area of the new dwelling shall not be used as a terrace/garden or entertainment area under any circumstances.
GENERAL TERMS OF APPROVAL - RIVERS AND FORESHORE IMPROVEMENT ACT 1948 PART 3A PERMIT
The proposed works are to be carried out so that:
a) No materials are eroded, or likely to be eroded, are deposited, or likely to be deposited, on the bed or shore or into the waters of the Parramatta River; and b) No materials are likely to be carried by natural forces to the bed, shore or water of the Parramatta River.
Any material that does enter the Parramatta River must be removed immediately.
In relation to the above, best practice methods shall be adopted for the on-site control of runoff, sediment and other pollutants during, and post, construction. Methods shall be in accordance with the relevant specifications and standards contained in the manual Managing Urban Stormwater - Soils & Construction issued by the NSW Department of Housing in 1998 and any other relevant Council requirements.
The erosion, sediment and pollution controls shall be installed and stabilised before commencement of site works. This does not include the works associated with the construction of the appropriate controls.
The proposed system for erosion, sediment and pollution control is to be effectively maintained at or above design capacity for the duration of the works and until such time as all ground disturbed has been stabilised and rehabilitated so that it no longer acts as a source of sediment.
Any material that is to be stockpiled on the site is to be stabilised to prevent erosion or dispersal of the material.
Landscaping is to be comprised of locally indigenous species, which represent the original plant communities that would have been found along the foreshore in the vicinity of the subject land.
S J Watts Commissioner of the Court
No works in connection with this development consent are to be commenced until the applicant: a) Has had detailed plans and specifications endorsed with a construction certificate;
b) Has appointed a Principal Certifying Authority; and
The applicant may appoint the Council or an accredited certifier as the principal certifying authority for the development.
If the principal certifying authority is not the Council, then the person so nominated must provide an acceptance of the nomination in writing to the Council. If the principal certifying authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking building work and/or civil engineering inspections.
For the duration of any work on site, the builder must maintain a copy of the specification, stamped approved plans, copy of Development Consent and Construction Certificate on site.
A Certificate of Compliance prepared by a licensed electrician shall be submitted to the Council prior an Occupation Certificate being granted to use or occupy the buildings or dwellings certifying that: a) The smoke alarm unit complies with AS 3786 - 1993 Self Contained Smoke Alarms, or is listed in the Scientific Services Laboratory (SSL) Register of Accredited Products - Fire Protection Equipment.
b) The smoke alarm system is connected to the mains electrical power supply and has a stand-by (battery backup) power supply.
c) The smoke alarm system has been installed in the locations indicated on the plan approved by Council. 4. Termite Protection
Termite protection shall be provided in accordance with the requirements of AS.3660.1 Protection of buildings from subterranean termites, new buildings. The proposed method of treatment in accordance with the standard shall be submitted for approval by the Principal Certifying Authority with the application for a Construction Certificate.
END In the Land and Environment Court of New South Wales No. 11122 of 2004
Susan Dixon Registrar sw
Appeal No 11122 of 2004 Conditions of development consent
Pursuant to s 81(1)(a) of the Environmental Planning & Assessment Act 1979 a Deferred Commencement Consent is granted to Development Application No D/2003/204 for Remediation of the site and alterations and additions to the existing dwelling and construction of a lap pool at No 3 Alexander Street, Balmain subject to the following conditions:
A. Pursuant to section 80A(1)(b) of the Environmental Planning and Assessment Act 1979 Development Consent No. D2001/820 and Construction Certificate 2004/293 in respect of 5a Alexander Street, Balmain must be surrendered prior to commencement of this development consent. B. Pursuant to section 80A(1)(c) of the Environmental Planning and Assessment Act 1979 the partially built structure in accordance with Development Consent No. 2001/820 and Construction Certificate 2004/293 (referred to in A above) in respect to 5a Alexander Street, Balmain is to be demolished prior to commencement of this consent.
This consent will not operate unless the information in satisfaction of deferred commencement conditions A to B above is submitted to Council within 12 months of the date of this consent.
Pursuant to section 80A(1)(f) the works approved in development consent D/2003/202 on the lots known as 5 and 5A Alexander Street and in development consent D/2003/203 in respect to 3A Alexander Street is to be carried out prior to issue of the occupation certificate.
3A. Amended plans Amended plans and specifications incorporating the following amendments must be submitted with the application for a Construction Certificate: a) Should a well be found to exist under the carport of No 3 Alexander Street during the construction stage: i) The well is to be retained, and no new structure is to be erected over this well; ii) The well shall be provided with protective barriers such as Geomesh, and shall be backfilled; and iii) Once the above works have been carried out, the area in the location of the well shall be paved or landscaped.
Reason : To retain features of heritage significance on the site.
Conditions that must be satisfied prior to the issue of a Construction Certificate for remediation of the site
Prior to the remediation of the site, a Construction Certificate must be submitted and issued by Council or an accredited certifier.
Council property and environmental damage security - construction The applicant or successor shall lodge a payment or a security bond for road, footpath and drainage works in the form of a bank guarantee, for the sum of $5,800 prior to the release of the Construction Certificate. The costs associated with the drainage works shall be assessed using Council's adopted construction charges current at the time.
Should any of Council's property and/or the environment sustain damage during the course of construction, or if the construction works put Council's assets or the environment at risk, Council may carry out any works necessary to repair the damage and/or remove the risk. The cost of these works will be deducted from the security.
An inspection fee of $113.85 is also required to be paid to Council prior to the release of the Construction Certificate.
A request for release of the security may be made to the Council after all construction work has been completed. The amount nominated is current for the 2003/2004 financial year only and is revised each financial year. The amount payable must be consistent with Council's Fees & Charges in force at the date of payment.
Reason: For the protection of council's assets and the environment.
Construction and Site Management Plan Prior the issue of a Construction Certificate, the applicant shall submit to and obtain approval from Council or the accredited certifier of a construction and site management plan that clearly sets out the following: a) what actions and works are proposed to ensure safe access to and from the site and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like,
b) the proposed method of loading and unloading excavation machines, building materials, formwork and the erection of any part of the structure within the site,
c) the proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period,
d) how it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways,
e) the proposed method of support to any excavation adjacent to adjoining properties, or the road reserve. The proposed method of support is to be designed by a Chartered Civil Engineer, with National Professional Engineering Registration (NPER) in the construction of civil works or a survey company of Registered Surveyors with "preliminary accreditation" from the Institution of Surveyors NSW Inc. or an accredited certifier. Where it is proposed to:
· pump concrete from within a public road reserve or laneway, or · stand a mobile crane within the public road reserve or laneway, · use part of Council's road/footpath area, · pump stormwater from the site to Council's stormwater drains, or · store waste and recycling containers, skip, bins, and/or building materials on part of Council's footpath or roadway,
an application for a construction zone, a pumping permit, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's adopted schedule of fees and charges shall be submitted to Council and approval obtained before a Construction Certificate is issued.
A separate approval under the Roads Act 1993 must be obtained for the enclosure of a public place (hoarding).
Reason: To protect the environment and the amenity of the locality.
Soil and Water Management Plan Prior the issue of a Construction Certificate, the applicant shall submit to and obtain approval from Council or the accredited certifier of a Soil and Water Management Plan and Statement which clearly identifies site features, constraints and soil types together with the nature of proposed land disturbing activities and also specifies the type and location of erosion and sediment control measures and also rehabilitation techniques necessary to deal with such activities. The Plan shall be compatible with any Construction and Site Management Plan and shall ensure the following objectives are achieved, namely: a) To minimise the area of soils exposed at any one time.
b) To identify and protect proposed stockpile locations.
d) To identify revegetation techniques and materials.
e) To prevent soil, sand, gravel, and any other sediment or spoil from leaving the site in an uncontrolled manner.
f) To control surface water flows through the development construction site in a manner that: i) Diverts clean run-off around disturbed areas. ii) Minimises slope gradient and flow distance within disturbed areas. iii) Ensures surface run-off occurs at non-erodable velocities. iv) Ensures disturbed areas are promptly rehabilitated g) To ensure regular monitoring and maintenance of erosion and sediment control measures and rehabilitation works.
The plan is to be prepared in accordance with "Managing Urban Stormwater: Soils and Construction Manual" prepared by NSW Department of Housing (1998).
Reason To protect the environment and amenity of the area and stormwater drains, creeks, rivers and Sydney Harbour.
Erosion & sedimentation The applicant shall prepare an erosion and sedimentation control plan in accordance with Part 4 of the guidelines titled "Pollution Control Manual for Urban Stormwater", as recommended by the Environmental Protection Authority.
Any stormwater runoff collected from the site must be treated in accordance with the Guidelines, before discharge off the site to comply with the Clean Waters Act 1970, or other subsequent Acts.
Where sedimentation control basins are provided discharge shall be to the requirements of the Environment Protection Authority.
Applicants are further advised to refer to the following publications for additional information: (a) "Sedimentation and Erosion Control" - Department of Conservation and Land Management.
(b) "Soil and Water Management for Urban Development" - Department of Housing. The plan must be submitted with the application for a construction certificate. Further information may be obtained from:- Environment Protection Officer Environment Protection Authority Inner Sydney Region Locked Bag 1502 BANKSTOWN NSW 2200
Prior to the issue of a Construction Certificate, the applicant shall prepare and submit a Waste Management Plan in accordance with the provisions of DCP 38 and the Waste Planning Guide for Development Applications (Planning for Less Waste, prepared by the Regional Waste Boards), including: a) Estimations of quantities and type of materials to be reused, recycled or left over for removal from site;
b) Identification on a plan of on site material storage areas during construction, waste storage, recycling and composting areas;
c) Details of the construction materials and methods to be used to minimised the production of waste in the completion of the new building work.
Reason: To encourage waste minimisation (avoidance source separation, re-use and recycling) and ensure efficient storage and collection of reusable, recyclables and waste.
Conditions that must be satisfied prior to the issue of a Construction Certificate for building works
b) The Remediation Action Plan, prepared by Douglas Partners and dated April 2003; c) Development Control Plan No.42 - Contaminated Land Management; and
d) State Environmental Planning Policy No.55 - Remediation of Land (SEPP 55). Within 30 days after the completion of the remediation works, a notice of completion, including a validation and/or monitoring report is to be submitted to Council. This notice must be consistent with clause 18 of SEPP 55. The validation and/or monitoring report is to be independently audited and a Site Audit Statement issued. The audit is to be carried out by an independent auditor accredited by the New South Wales Environment Protection Authority. Any conditions recorded on the Site Audit Statement are to be complied with.
Reason to ensure adequate aesthetics of existing and new buildings.
Details and plans of all structural works must be provided and prepared by a practising Structural Engineer with suitable indemnity cover and is to be submitted to Council or the accredited certifier prior the issue of a Construction Certificate.
Reason: So that the structural adequacy of the design may be assessed in detail before construction commences.
Landscaping details The landscaping plans to show an Angophora costata ( Sydney Redgum) planted in the northeastern garden. Landscaping details are to be submitted with the application for a Construction Certificate. The landscape design shall be in accordance with Drawing No L01, prepared by Mather & Associates Landscape Architects P/L and dated March 2003 submitted with the application. Reason: To ensure landscaping enhances the appearance of the development and amenity for residents, and that it contributes to energy efficient design.
Stormwater Drainage The existing stormwater drainage line that conveys the stormwater runoff from this property, through the drainage easement(s) to Parramatta River, must be inspected and the condition assessed. Any repair or upgrade works that are required to bring the drainage line to an appropriate standard, must be undertaken prior to issue of the Construction Certificate.
Certification of the stormwater drainage line by a suitably qualified Civil Engineer with NPER registration with the Institution of Engineers Australia, must be submitted to the Principle Certifying Authority prior to issue of the Construction Certificate.
A drainage design certified by a suitably qualified Civil Engineer with NPER registration with the Institution of Engineers Australia must be prepared and submitted to the Principle Certifying Authority prior to the issue of a Construction Certificate. The design must show stormwater runoff from all roof and paved areas within the property, collected in a system of gutters, pits and pipelines discharged to the drainage system within the drainage easement at the rear of the property. The design must include the provision of an interallotment drainage line through the proposed lot containing the existing dwelling at No 3 Alexander Street, to be located within a 1m wide drainage easement adjacent to the north-eastern boundary. Further, the new swimming pool associated with the existing dwelling at No 3 Alexander Street shall be shortened such that a setback is provided adjacent to the north eastern boundary of the property to facilitate drainage works. Details of the required works shall be submitted to the Principle Certifying Authority prior to the issue of a Construction Certificate.
Car Parking The proposed car parking space and associated structures shall be adjusted as follows: a) The entry gate design shall be modified to ensure that a minimum clear length of 5500mm is provided to the car space. b) The floor level of the car space shall be adjusted to be a minimum of 150mm above the adjacent gutter invert levels in Alexander Street at the front boundary. c) Any adjustments to the car space floor slab, required to achieve the above requirement, must be provided within the property boundary. d) Steps or ramping will be required between the car space and the dwelling due to level adjustments required above. Details shall be submitted to the Principle Certifying Authority prior to issue of the Construction Certificate demonstrating compliance with these requirements.
Levels Certificate An application must be made to Council's Engineer for the issue of a Certificate fixing levels at the property alignment prior to commencement of building work to ensure that the finished floor levels of new structures or land adjoining the roadway satisfy Council's roadway design requirements. If in doubt, contact Council's Operations Division, telephone 9367 9006, to avoid being required to carry out later rectification work.
The applicant is required to bear the cost of the following works across the full frontage of the site, being No's 5 and 5a Alexander Street: a) Construction of vehicular crossings. b) Closure of redundant vehicle crossings and replacement with concrete kerb and gutter.
c) Replace concrete footpath. This development consent does NOT give approval to any works on Council property. A SEPARATE APPROVAL IS REQUIRED UNDER SECTION 138 AND 139 OF THE ROADS ACT 1993 FOR ANY WORKS REQUIRED BY THIS CONDITION. The Construction Certificate must not be issued until Council's Manager - Assets has issued the Applicant with a written consent under the Roads Act. An "Application to carry out works in a Public Road" form must be completed and lodged, with the Application fee, at Council's Customer Services counter. Detailed engineering drawings (plans, sections and elevation views) and specifications of the works required by this Condition must accompany the Application form.
Four weeks should be allowed for assessment. Works generally must be in accordance with Council's "Specification for Road and Drainage Works" and relevant Australian Standards. Upon receipt of approval from Council, all amounts payable must be paid as soon as practicable to enable the works to be constructed prior to the completion of the development.
The cost of adjustment or relocation of any public utility service shall be borne by the owner/applicant
Street Numbering An application for street numbering shall be lodged with Council for approval, prior to the issue of a Construction Certificate. NOTE: Notification of all relevant authorities of the approved street numbers, shall be carried out by Council. Reason: To ensure all properties have clearly identified street numbering, particularly for safety and emergency situations.
Insulation - Energy efficiency To reduce both summer heat gain and winter heat loss, the proposed residential building(s) is to be insulated to achieve energy efficiency and thermal comfort. Insulation to the following R value standards is to be provided; * R1.5 for roofs and ceilings (combined value) * R1.0 for walls
Details are to be included in the specification submitted with the Construction Certificate.
Plantation or recycled timbers To minimise the damage to the environment, no rainforest timbers or timbers cut from old growth forests are to be used in the construction of buildings. The Construction Certificate is to specify the timbers to be used. These are to be limited to plantation timbers grown on Australian farms, or State Forest Plantations, or recycled timbers.
Minimise impact of pool on adjoining properties To minimise the impact of the pool on adjoining properties and to ensure the safety of the pool area the design and construction of the swimming pool and associated equipment shall comply with the following requirements: a) The Swimming Pools Act 1992 & Regulations
c) Protection of the Environment Operations Act 1997
d) The swimming pool pump and associated equipment shall be setback a minimum 1.5m from surrounding boundaries and sound insulated and/or isolated so that the noise emitted does not exceed 5 dB above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site. Note: The method of measurement of sound shall be carried out in accordance with Australian Standard 1055.1-1989.
Evidence from an appropriately qualified person that these design requirements have been met shall accompany the application for the Construction Certificate. Reason To ensure the safety and amenity of the area.
Swimming pool wastewater must be collected and connected in accordance with the requirements of Sydney Water.
Details are to be submitted with the application for a Construction Certificate and are to be to the satisfaction of Council or the accredited certifier.
Reason: To ensure the disposal of water is in accordance with the Sydney Water Corporation.
Swimming pool overflow waters must be collected and connected to the swimming pool wastewater disposal system.
Details are to be submitted with the application for a Construction Certificate and are to be to the satisfaction of Council or the accredited certifier.
Reason: To ensure the disposal of water is in accordance with the Sydney Water Corporation.
Energy Australia must be consulted in respect of the location of the proposed swimming pool relative to any overhead electrical wiring within a distance of 9 metres of the pool. Details of consultation with Energy Australia are to be submitted to Council or the accredited certifier prior the issue of a Construction Certificate.
Reason: To ensure compliance with the requirements of Energy Australia .
Conditions that must be completed before work commences for remediation or construction
Sediment and erosion controls must be in place before work is commenced on the site. The control strategies must be consistent with the technical requirements set out in the Sydney Coastal Councils' "Stormwater Pollution Control Code for Local Government."
Material from the site is not to be tracked onto the road by vehicles entering or leaving the site. At the end of each working day any dust/dirt or other sediment shall be swept off the road and contained on the site and not washed down any stormwater pit or gutter.
A sediment and erosion control plan must be prepared and identify appropriate measures for bunding and siltation fencing. Any such erosion and sedimentation controls shall also include the protection of stormwater inlets or gutter systems within the immediate vicinity of the site.
The sediment and erosion control measures are to be inspected daily and defects or system failures are to be repaired as soon as they are detected.
Sediment and erosion controls must be in place before work is commenced on the site. The control strategies must be consistent with the technical requirements set out in the Sydney Coastal Councils' "Stormwater Pollution Control Code for Local Government."
Material from the site is not to be tracked onto the road by vehicles entering or leaving the site. At the end of each working day any dust/dirt or other sediment shall be swept off the road and contained on the site and not washed down any stormwater pit or gutter.
A sediment and erosion control plan must be prepared and identify appropriate measures for bunding and siltation fencing. Any such erosion and sedimentation controls shall also include the protection of stormwater inlets or gutter systems within the immediate vicinity of the site.
The sediment and erosion control measures are to be inspected daily and defects or system failures are to be repaired as soon as they are detected.
Prior to the commencement of work, the approved plans must be submitted to the appropriate Sydney Water Office to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water's requirements, the approved plans will be appropriately stamped.
Council or the accredited certifier must ensure that Sydney Water has stamped the approved plans before work commences on site.
Conditions that must be complied with during construction/remediation or construction
The building works must be inspected at the following stages during construction: a) Pre-commencement
f) Wet area flashings g) Completion
A compliance certificate or documentary evidence from a appropriately qualified person must be submitted detailing satisfactory compliance with the Building Code of Australia within seven days of inspection to the Principal Certifying Authority.
Reason: To ensure all works are completed in a satisfactory manner.
Demolition, excavation, or building work associated with the proposed development shall be restricted to the hours of 7.00 a.m. to 5.30 p.m. Monday to Friday inclusive, 7.00 a.m. to 1.00 p.m. Saturday. Work is not to be carried out on Sunday or Public Holidays.
Debris and rubbish must be hosed down and kept damp to prevent dust nuisance, and waste materials must not be burnt on the site.
Demolition must be carried out to AS2601-1991 Demolition Code.
Reason: To ensure that all works are carried out in a satisfactory manner so as to protect the amenity and safety of the public.
Noise levels during the demolition and construction stages must comply with the Environmental Protection Authority's Environmental Noise Control Manual and the Protection of the Environment Operations Act 1997.
Reason: To ensure that all works are carried out in a satisfactory manner so as to protect the amenity and safety of the public.
Reason: To preserve the amenity of the locality and to protect stormwater systems from pollution.
Reason: To protect stormwater systems from pollution.
Reason: To prevent pollution of stormwater systems and waterways.
All footings and walls adjacent to a boundary must be set out by a registered surveyor. On commencement of brickwork or wall construction a Survey and Report must be submitted to the Principal Certifying Authority indicating the position of external walls in relation to the boundaries of the allotment.
Reason: To ensure that the building is erected in accordance with the approval granted and within the boundaries of the site, and that existing amenity, structural integrity and functionality of adjoining premises is maintained.
No portion of the proposed structure, including gates and doors during opening and closing operations, shall encroach upon Council's footpath area.
Reason: To ensure no injury is caused to persons and to the existing and likely future amenity of the area.
Conditions that must be complied with before the building is occupied/swimming pool is operational
The building and swimming pool or any part thereof must not be used or occupied until a completion inspection has been satisfactorily carried out.
Reason: To comply with the requirements of the Environmental Planning and Assessment Act 1979.
A street number must be displayed in a position clearly visible from the street, in numbers having a height of not less than 75 mm. The number must be in place before the premises can be occupied.
Reason: To provide for the clear identification of the subject property.
Reason: To protect the amenity of adjoining properties .
The occupier of any premises in or which a swimming pool is situated must ensure that there is at all times maintained, in a prominent position in the immediate vicinity of the swimming pool, a sign which must contain the words "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL", together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the relevant provisions of the document entitled "Cardio Pulmonary Resuscitation".
Conditions that are ongoing requirements of Development Consents
The dwelling shall be provided with its own bins (waste and recycling) within the dwelling setback to Alexander Street. Bin storage should be suitably screened from the street.
Details to be provided with the application for a Construction Certificate.
Reason: To provide for appropriate and sensible disposal of waste or recycling.
The car parking space provided on the site shall remain as an uncovered car space.
GENERAL TERMS OF APPROVAL - RIVERS AND FORESHORE IMPROVEMENT ACT 1948 PART 3A PERMIT
The proposed works are to be carried out so that:
c) No materials are eroded, or likely to be eroded, are deposited, or likely to be deposited, on the bed or shore or into the waters of the Parramatta River; and d) No materials are likely to be carried by natural forces to the bed, shore or water of the Parramatta River.
Any material that does enter the Parramatta River must be removed immediately.
In relation to the above, best practice methods shall be adopted for the on-site control of runoff, sediment and other pollutants during, and post, construction. Methods shall be in accordance with the relevant specifications and standards contained in the manual Managing Urban Stormwater - Soils & Construction issued by the NSW Department of Housing in 1998 and any other relevant Council requirements.
The erosion, sediment and pollution controls shall be installed and stabilised before commencement of site works. This does not include the works associated with the construction of the appropriate controls.
The proposed system for erosion, sediment and pollution control is to be effectively maintained at or above design capacity for the duration of the works and until such time as all ground disturbed has been stabilised and rehabilitated so that it no longer acts as a source of sediment.
Any material that is to be stockpiled on the site is to be stabilised to prevent erosion or dispersal of the material.
Landscaping is to be comprised of locally indigenous species, which represent the original plant communities that would have been found along the foreshore in the vicinity of the subject land.
S J Watts Commissioner of the Court
No works in connection with this development consent are to be commenced until the applicant: a) Has had detailed plans and specifications endorsed with a construction certificate;
b) Has appointed a Principal Certifying Authority; and
The applicant may appoint the Council or an accredited certifier as the principal certifying authority for the development.
If the principal certifying authority is not the Council, then the person so nominated must provide an acceptance of the nomination in writing to the Council. If the principal certifying authority is the Council, the nomination will be subject to the payment of a fee for the service to cover the cost of undertaking building work and/or civil engineering inspections.
For the duration of any work on site, the builder must maintain a copy of the specification, stamped approved plans, copy of Development Consent and Construction Certificate on site.
A Certificate of Compliance prepared by a licensed electrician shall be submitted to the Council prior an Occupation Certificate being granted to use or occupy the buildings or dwellings certifying that: a) The smoke alarm unit complies with AS 3786 - 1993 Self Contained Smoke Alarms, or is listed in the Scientific Services Laboratory (SSL) Register of Accredited Products - Fire Protection Equipment.
b) The smoke alarm system is connected to the mains electrical power supply and has a stand-by (battery backup) power supply.
c) The smoke alarm system has been installed in the locations indicated on the plan approved by Council. 4. Termite Protection
Termite protection shall be provided in accordance with the requirements of AS.3660.1 Protection of buildings from subterranean termites, new buildings. The proposed method of treatment in accordance with the standard shall be submitted for approval by the Principal Certifying Authority with the application for a Construction Certificate.
In the Land and Environment Court of New South Wales No. 11123 of 2004
Susan Dixon Registrar sw
Pursuant to s 81(1)(a) of the Environmental Planning & Assessment Act 1979 a "Deferred Commencement Consent" is granted to Development Application No D/2003/203 for remediation of the site, Torrens title subdivision into two (2) allotments, and construction of a new three (3) storey dwelling and lap pool on the new allotment at 3A Alexander Street, Balmain subject to the following conditions:
A. Pursuant to section 80A(1)(b) of the Environmental Planning and Assessment Act 1979 Development Consent No. D2001/820 and Construction Certificate 2004/293 in respect of 5a Alexander Street, Balmain must be surrendered prior to commencement of this development consent. B. Pursuant to section 80A(1)(c) of the Environmental Planning and Assessment Act 1979 the partially built structure in accordance with Development Consent No. 2001/820 and Construction Certificate 2004/293 (referred to in A above) in respect to 5a Alexander Street, Balmain is to be demolished prior to commencement of this consent.
This consent will not operate unless the information in satisfaction of deferred commencement conditions A to B above is submitted to Council within 12 months of the date of this consent.
Approved plans The development shall be implemented in accordance with the details set out on the Plan Nos 0244a/DA04b to 0244a/DA14b, prepared Kennedy and Associated and dated December 2004, and 0244b/DA13b as amended by hand 6 December 2004 in Exhibit 8, and L01, prepared by Mather & Associates Landscape Architects P/L and dated March 2003 and on the application form and on any supporting information received with the application except as amended by the conditions specified hereunder.
Class and rise of building The new dwelling is classified as Class 1a building and the pool is classified as a Class 10b building under the Building Code of Australia.
Pursuant to section 80A(1)(f) the works approved in development consent D/2003/202 on the lots known as 5 and 5A Alexander Street and the works approved in development consent DD/2003/204 on the lot known as 3 Alexander Street are to be carried out prior to issue of the occupation certificate.
3A. Amended plans Amended plans and specifications incorporating the following amendments must be submitted with the application for a Construction Certificate: a) Should a well be found to exist under the carport of No 3 Alexander Street during the construction stage: i) The well is to be retained, and no new structure is to be erected over this well; ii) The well shall be provided with protective barriers such as Geomesh, and shall be backfilled; and iii) Once the above works have been carried out, the area in the location of the well shall be paved or landscaped. b) The glazing pattern shall be modified to be divided into vertical panels by mullions and be fitted with sliding louvred panels to the outside face on the ground and first floor levels as per Exhibit 8. Details to be provide with the Construction Certificate documentation. c) The steel verandah frame connections to the party wall at the first floor level and roof level shall be deleted to create a visual gap between the existing building and the new work. Reason : To retain features of heritage significance on the site.
Conditions that must be satisfied prior to the issue of a Construction Certificate for remediation of the site
Prior to the remediation of the site, a Construction Certificate must be submitted and issued by Council or an accredited certifier.
Council property and environmental damage security - construction The applicant or successor shall lodge a payment or a security bond for road, footpath and drainage works in the form of a bank guarantee, for the sum of $5,800 prior to the release of the Construction Certificate. The costs associated with the drainage works shall be assessed using Council's adopted construction charges current at the time.
Should any of Council's property and/or the environment sustain damage during the course of construction, or if the construction works put Council's assets or the environment at risk, Council may carry out any works necessary to repair the damage and/or remove the risk. The cost of these works will be deducted from the security.
An inspection fee of $113.85 is also required to be paid to Council prior to the release of the Construction Certificate.
A request for release of the security may be made to the Council after all construction work has been completed. The amount nominated is current for the 2003/2004 financial year only and is revised each financial year. The amount payable must be consistent with Council's Fees & Charges in force at the date of payment.
Reason: For the protection of council's assets and the environment.
Construction and Site Management Plan Prior the issue of a Construction Certificate, the applicant shall submit to and obtain approval from Council or the accredited certifier of a construction and site management plan that clearly sets out the following: a) what actions and works are proposed to ensure safe access to and from the site and what protection will be provided to the road and footpath area from building activities, crossings by heavy equipment, plant and materials delivery, or static loads from cranes, concrete pumps and the like,
b) the proposed method of loading and unloading excavation machines, building materials, formwork and the erection of any part of the structure within the site,
c) the proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period,
d) how it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways,
e) the proposed method of support to any excavation adjacent to adjoining properties, or the road reserve. The proposed method of support is to be designed by a Chartered Civil Engineer, with National Professional Engineering Registration (NPER) in the construction of civil works or a survey company of Registered Surveyors with "preliminary accreditation" from the Institution of Surveyors NSW Inc. or an accredited certifier. Where it is proposed to:
· pump concrete from within a public road reserve or laneway, or · stand a mobile crane within the public road reserve or laneway, · use part of Council's road/footpath area, · pump stormwater from the site to Council's stormwater drains, or · store waste and recycling containers, skip, bins, and/or building materials on part of Council's footpath or roadway,
an application for a construction zone, a pumping permit, an approval to stand a mobile crane or an application to pump water into a public road, together with the necessary fee in accordance with Council's adopted schedule of fees and charges shall be submitted to Council and approval obtained before a Construction Certificate is issued.
A separate approval under the Roads Act 1993 must be obtained for the enclosure of a public place (hoarding).
Reason: To protect the environment and the amenity of the locality.
Soil and Water Management Plan Prior the issue of a Construction Certificate, the applicant shall submit to and obtain approval from Council or the accredited certifier of a Soil and Water Management Plan and Statement which clearly identifies site features, constraints and soil types together with the nature of proposed land disturbing activities and also specifies the type and location of erosion and sediment control measures and also rehabilitation techniques necessary to deal with such activities. The Plan shall be compatible with any Construction and Site Management Plan and shall ensure the following objectives are achieved, namely: a) To minimise the area of soils exposed at any one time.
b) To identify and protect proposed stockpile locations.
d) To identify revegetation techniques and materials.
e) To prevent soil, sand, gravel, and any other sediment or spoil from leaving the site in an uncontrolled manner.
f) To control surface water flows through the development construction site in a manner that: i) Diverts clean run-off around disturbed areas. ii) Minimises slope gradient and flow distance within disturbed areas. iii) Ensures surface run-off occurs at non-erodable velocities. iv) Ensures disturbed areas are promptly rehabilitated g) To ensure regular monitoring and maintenance of erosion and sediment control measures and rehabilitation works.
The plan is to be prepared in accordance with "Managing Urban Stormwater: Soils and Construction Manual" prepared by NSW Department of Housing (1998).
Reason To protect the environment and amenity of the area and stormwater drains, creeks, rivers and Sydney Harbour.
Erosion & sedimentation The applicant shall prepare an erosion and sedimentation control plan in accordance with Part 4 of the guidelines titled "Pollution Control Manual for Urban Stormwater", as recommended by the Environmental Protection Authority.
Any stormwater runoff collected from the site must be treated in accordance with the Guidelines, before discharge off the site to comply with the Clean Waters Act 1970 , or other subsequent Acts.
Where sedimentation control basins are provided discharge shall be to the requirements of the Environment Protection Authority.
Applicants are further advised to refer to the following publications for additional information: a) "Sedimentation and Erosion Control" - Department of Conservation and Land Management.
b) "Soil and Water Management for Urban Development" - Department of Housing. The plan must be submitted with the application for a construction certificate. Further information may be obtained from:- Environment Protection Officer Environment Protection Authority Inner Sydney Region Locked Bag 1502 BANKSTOWN NSW 2200
Prior to the issue of a Construction Certificate, the applicant shall prepare and submit a Waste Management Plan in accordance with the provisions of DCP 38 and the Waste Planning Guide for Development Applications (Planning for Less Waste, prepared by the Regional Waste Boards), including: a) Estimations of quantities and type of materials to be reused, recycled or left over for removal from site;
b) Identification on a plan of on site material storage areas during construction, waste storage, recycling and composting areas;
c) Details of the construction materials and methods to be used to minimised the production of waste in the completion of the new building work.
Reason: To encourage waste minimisation (avoidance source separation, re-use and recycling) and ensure efficient storage and collection of reusable, recyclables and waste.
Conditions that must be satisfied prior to the issue of a Construction Certificate for building works
b) The Remediation Action Plan, prepared by Douglas Partners and dated April 2003; c) Development Control Plan No.42 - Contaminated Land Management; and
d) State Environmental Planning Policy No.55 - Remediation of Land (SEPP 55). Within 30 days after the completion of the remediation works, a notice of completion, including a validation and/or monitoring report is to be submitted to Council. This notice must be consistent with clause 18 of SEPP 55. The validation and/or monitoring report is to be independently audited and a Site Audit Statement issued. The audit is to be carried out by an independent auditor accredited by the New South Wales Environment Protection Authority. Any conditions recorded on the Site Audit Statement are to be complied with.
It has been calculated on the basis of one new dwelling >120m2 @ $21,046 per dwelling.
The Contribution Plan may be inspected or a copy purchased at the Customer Service Counter in Council's Administration Centre, 7-15 Wetherill Street, Leichhardt during office hours. Reason: To ensure adequate provision is made for provision of public services and amenities required as a consequence of the development being carried out. 13. Community Facilities and Services Prior to issuing a Construction Certificate for works in connection with this development consent, a monetary contribution of $3,486.07 shall be paid to Leichhardt Council for the cost of providing community facilities and services. This contribution has been imposed pursuant to s.94 of the Environmental Planning and Assessment Act, 1979 and the Leichhardt Community Facilities and Services Contributions Plan, after identifying that the development will increase the demand for community facilities and services within the area.
It has been calculated on the basis of one (1) new dwelling >160m2 @ $3,486.07 per dwelling.
The Contribution Plan may be inspected or a copy purchased at the Customer Service Counter in Council's Administration Centre, 7-15 Wetherill Street, Leichhardt during office hours. Reason: To ensure adequate provision is made for provision of public services and amenities required as a consequence of the development being carried out.
Prior to issuing the Construction Certificate: a) A monetary contribution of $159.48 shall be paid to Leichhardt Council for the cost of providing Local Area Traffic Management works and facilities, calculated on the basis of one (1) new dwelling >120m2 @ $159.48 per dwelling. b) A monetary contribution of $819.95 shall be paid to Leichhardt Council for the cost of providing Access to Balmain Pensinsula, which has been calculated on the basis of one (1) new dwelling >120m2 in area @ $819.95 per dwelling. c) A monetary contribution of $34.13 shall be paid to Leichhardt Council for the cost of providing Bicycle Works, which has been calculated on the basis of one (1) new dwelling >120m2 in area @ $34.13 per dwelling.
The above contributions have been imposed pursuant to s.94 of the Environmental Planning and Assessment Act, 1979 and the Leichhardt Contributions Plan - Transport and Access, after identifying that the development will increase the demand for transport and access works and facilities within the area.
The Contribution Plan may be inspected or a copy purchased at the Customer Service Counter in Council's Administration Centre 7-15 Wetherill Street, Leichhardt during office hours.
Reason: To ensure adequate provision is made for provision of public services and amenities required as a consequence of the development being carried out.
The materials and colours proposed for the external fabric of the building shall be as: a) Detailed on the plans noted in condition 1 of this consent; and
b) Identified on the Sample Board prepared by Kennedy Associates Architects and dated 2/4/03. Details are to be submitted with an application for a Construction Certificate.
Reason to ensure adequate aesthetics of existing and new buildings.
Details and plans of all structural works must be provided and prepared by a practising Structural Engineer with suitable indemnity cover and is to be submitted to Council or the accredited certifier prior the issue of a Construction Certificate.
Reason: So that the structural adequacy of the design may be assessed in detail before construction commences.
Vibration damage To minimise vibration damage and loss of support to buildings in close proximity, a report shall be prepared by a qualified Geo-technical engineer detailing the maximum size of hammer to be used where a hydraulic hammer is to be used within 30 metres of any building (other than a path or a fence). The report is to be submitted to Council prior the issue of a Construction Certificate. Reason: To reduce possible damage to adjoining premises.
Landscaping details Landscaping details are to be submitted with the application for a Construction Certificate. The landscape design shall be in accordance with the landscape plan, being Drawing No L01, prepared by Mather & Associates Landscape Architects P/L and dated March 2003 submitted with the application, however, this plan shall be amended to reflect the plans identified in condition 1 of this consent. Reason: To ensure landscaping enhances the appearance of the development and amenity for residents, and that it contributes to energy efficient design.
Stormwater Drainage The existing stormwater drainage line that conveys the stormwater runoff from this property, through the drainage easement(s) to Parramatta River, must be inspected and the condition assessed. Any repair or upgrade works that are required to bring the drainage line to an appropriate standard, must be undertaken prior to issue of the Construction Certificate.
Certification of the stormwater drainage line by a suitably qualified Civil Engineer with NPER registration with the Institution of Engineers Australia, must be submitted to the Principle Certifying Authority prior to issue of the Construction Certificate.
A drainage design certified by a suitably qualified Civil Engineer with NPER registration with the Institution of Engineers Australia must be prepared and submitted to the Principle Certifying Authority prior to the issue of a Construction Certificate. The design must show stormwater runoff from all roof and paved areas within the property, collected in a system of gutters, pits and pipelines discharged to the drainage system within the drainage easement at the rear of the property. The design must include the provision of an interallotment drainage line through the proposed lot containing the existing dwelling at No 3 Alexander Street, to be located within a 1m wide drainage easement adjacent to the north-eastern boundary. Further, the new swimming pool associated with the existing dwelling at No 3 Alexander Street shall be shortened such that a setback is provided adjacent to the north eastern boundary of the property to facilitate drainage works. Details of the required works shall be submitted to the Principle Certifying Authority prior to the issue of a Construction Certificate.
Car Parking The proposed car parking space and associated structures shall be adjusted as follows: a) The entry gate design shall be modified to ensure that a minimum clear length of 5500mm is provided to the car space. b) The floor level of the car space shall be adjusted to be a minimum of 150mm above the adjacent gutter invert levels in Alexander Street at the front boundary. c) Any adjustments to the car space floor slab, required to achieve the above requirement, must be provided within the property boundary. d) Steps or ramping will be required between the car space and the dwelling due to level adjustments required above. Details shall be submitted to the Principle Certifying Authority prior to issue of the Construction Certificate demonstrating compliance with these requirements.
Levels Certificate An application must be made to Council's Engineer for the issue of a Certificate fixing levels at the property alignment prior to commencement of building work to ensure that the finished floor levels of new structures or land adjoining the roadway satisfy Council's roadway design requirements. If in doubt, contact Council's Operations Division, telephone 9367 9006, to avoid being required to carry out later rectification work.
The applicant is required to bear the cost of the following works across the full frontage of the site, being No's 5 and 5a Alexander Street: a) Construction of vehicular crossings. b) Closure of redundant vehicle crossings and replacement with concrete kerb and gutter.
c) Replace concrete footpath. This development consent does NOT give approval to any works on Council property. A SEPARATE APPROVAL IS REQUIRED UNDER SECTION 138 AND 139 OF THE ROADS ACT 1993 FOR ANY WORKS REQUIRED BY THIS CONDITION. The Construction Certificate must not be issued until Council's Manager - Assets has issued the Applicant with a written consent under the Roads Act. An "Application to carry out works in a Public Road" form must be completed and lodged, with the Application fee, at Council's Customer Services counter. Detailed engineering drawings (plans, sections and elevation views) and specifications of the works required by this Condition must accompany the Application form.
Four weeks should be allowed for assessment. Works generally must be in accordance with Council's "Specification for Road and Drainage Works" and relevant Australian Standards. Upon receipt of approval from Council, all amounts payable must be paid as soon as practicable to enable the works to be constructed prior to the completion of the development.
The cost of adjustment or relocation of any public utility service shall be borne by the owner/applicant
Street Numbering An application for street numbering shall be lodged with Council for approval, prior to the issue of a Construction Certificate. NOTE: Notification of all relevant authorities of the approved street numbers, shall be carried out by Council. Reason: To ensure all properties have clearly identified street numbering, particularly for safety and emergency situations.
Hot Water System A heat pump hot water system or an energy efficient (minimum five star-rated) gas hot water service shall be installed in a position that maximises its efficiency by minimising heat loss in pipe-work. The service must be adequately sized to meet the anticipated maximum hot water demand of the dwelling. Where a pump is used to circulate water between tank and remote panels, any noise associated with the pump must not exceed 5dB at the property boundary. Details to be submitted to Council or the accredited certifier prior the issue of a Construction Certificate.
Insulation - Energy efficiency To reduce both summer heat gain and winter heat loss, the proposed residential building(s) is to be insulated to achieve energy efficiency and thermal comfort. Insulation to the following R value standards is to be provided; * R1.5 for roofs and ceilings (combined value) * R1.0 for walls
Details are to be included in the specification submitted with the Construction Certificate.
Plantation or recycled timbers To minimise the damage to the environment, no rainforest timbers or timbers cut from old growth forests are to be used in the construction of buildings. The Construction Certificate is to specify the timbers to be used. These are to be limited to plantation timbers grown on Australian farms, or State Forest Plantations, or recycled timbers.
Rainwater Tank A rainwater tank is to be installed, and is to be designed and installed for outdoor and/or toilet usage.
The overflow for the rainwater tank shall be connected into a drainage line and conveyed to the street gutter, common drainage line or otherwise disposed of on site. Overflow must not be directed into a sewer pipe. Tank water supply taps are to be marked "tank water only - do not use for human consumption" unless a water purification system is also installed. It must also be maintained, as not to create a nuisance and both inlets and outlets must be protected against mosquito access by use of mesh or other mosquito barrier method.
The tank and any support structure must be set on a suitable, structurally sound, erosion resistant foundation. Any support structure elevating the tank above ground level must be in accordance with a design prepared by a practising structural engineer.
If a pump is installed it must not cause noise disturbance to neighbouring properties and should be weatherproofed and encased in sound insulation material. The tank must be covered or enclosed entirely to prevent children from wilfully or accidentally entering, climbing or falling into the tank.
The rainwater tank shall comply with AS/NZ 2179-1994 and AS2180-1986.
Details are to be submitted to the Council or the accredited certifier before the issue of a Construction Certificate.
Minimise impact of pool on adjoining properties To minimise the impact of the pool on adjoining properties and to ensure the safety of the pool area the design and construction of the swimming pool and associated equipment shall comply with the following requirements: a) The Swimming Pools Act 1992 & Regulations
c) Protection of the Environment Operations Act 1997
d) The swimming pool pump and associated equipment shall be setback a minimum 1.5m from surrounding boundaries and sound insulated and/or isolated so that the noise emitted does not exceed 5 dB above the background level in any octave band from 63.0 Hz centre frequencies inclusive at the boundary of the site. Note: The method of measurement of sound shall be carried out in accordance with Australian Standard 1055.1-1989.
Evidence from an appropriately qualified person that these design requirements have been met shall accompany the application for the Construction Certificate. Reason To ensure the safety and amenity of the area.
Swimming pool wastewater must be collected and connected in accordance with the requirements of Sydney Water.
Details are to be submitted with the application for a Construction Certificate and are to be to the satisfaction of Council or the accredited certifier.
Reason: To ensure the disposal of water is in accordance with the Sydney Water Corporation.
Swimming pool overflow waters must be collected and connected to the swimming pool wastewater disposal system.
Details are to be submitted with the application for a Construction Certificate and are to be to the satisfaction of Council or the accredited certifier.
Reason: To ensure the disposal of water is in accordance with the Sydney Water Corporation.
Energy Australia must be consulted in respect of the location of the proposed swimming pool relative to any overhead electrical wiring within a distance of 9 metres of the pool. Details of consultation with Energy Australia are to be submitted to Council or the accredited certifier prior the issue of a Construction Certificate.
Reason: To ensure compliance with the requirements of Energy Australia .
Conditions that must be satisfied before a Subdivision Certificate is issued
Prior the issue of a Subdivision Certificate, the applicant is to submit a survey plan, prepared by a registered surveyor, and at least six copies for certification by the General Manager or delegate.
Reason: Because it is in the public interest that the plan is certified by the General Manager or delegate, pursuant to the provisions of the Environmental Planning and Assessment Act 1979 (or if relevant Local Government Act 1919) and that Council retain and catalogue a copy of that plan.
Prior the issue of a Subdivision Certificate, the applicant is to submit a certificate under Section 73 of the Water Board (Corporisation) Act 1994.
Reason: To ensure the provision of services is available to service the subdivision .
Conditions that must be completed before work commences for remediation or construction
Sediment and erosion controls must be in place before work is commenced on the site. The control strategies must be consistent with the technical requirements set out in the Sydney Coastal Councils' "Stormwater Pollution Control Code for Local Government."
Material from the site is not to be tracked onto the road by vehicles entering or leaving the site. At the end of each working day any dust/dirt or other sediment shall be swept off the road and contained on the site and not washed down any stormwater pit or gutter.
A sediment and erosion control plan must be prepared and identify appropriate measures for bunding and siltation fencing. Any such erosion and sedimentation controls shall also include the protection of stormwater inlets or gutter systems within the immediate vicinity of the site.
The sediment and erosion control measures are to be inspected daily and defects or system failures are to be repaired as soon as they are detected.
Prior to the commencement of work, the approved plans must be submitted to the appropriate Sydney Water Office to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water's requirements, the approved plans will be appropriately stamped.
Council or the accredited certifier must ensure that Sydney Water has stamped the approved plans before work commences on site.
Conditions that must be complied with during construction/remediation or construction
The building works must be inspected at the following stages during construction: a) Pre-commencement
f) Wet area flashings g) Completion
A compliance certificate or documentary evidence from a appropriately qualified person must be submitted detailing satisfactory compliance with the Building Code of Australia within seven days of inspection to the Principal Certifying Authority.
Reason: To ensure all works are completed in a satisfactory manner.
Demolition, excavation, building or subdivision work associated with the proposed development shall be restricted to the hours of 7.00 a.m. to 5.30 p.m. Monday to Friday inclusive, 7.00 a.m. to 1.00 p.m. Saturday. Work is not to be carried out on Sunday or Public Holidays.
Debris and rubbish must be hosed down and kept damp to prevent dust nuisance, and waste materials must not be burnt on the site.
Demolition must be carried out to AS2601-1991 Demolition Code.
Reason: To ensure that all works are carried out in a satisfactory manner so as to protect the amenity and safety of the public.
Noise levels during the demolition and construction stages must comply with the Environmental Protection Authority's Environmental Noise Control Manual and the Protection of the Environment Operations Act 1997.
Reason: To ensure that all works are carried out in a satisfactory manner so as to protect the amenity and safety of the public.
Reason: To preserve the amenity of the locality and to protect stormwater systems from pollution.
Reason: To protect stormwater systems from pollution.
Reason: To prevent pollution of stormwater systems and waterways.
All footings and walls adjacent to a boundary must be set out by a registered surveyor. On commencement of brickwork or wall construction a Survey and Report must be submitted to the Principal Certifying Authority indicating the position of external walls in relation to the boundaries of the allotment.
Reason: To ensure that the building is erected in accordance with the approval granted and within the boundaries of the site, and that existing amenity, structural integrity and functionality of adjoining premises is maintained.
No portion of the proposed structure, including gates and doors during opening and closing operations, shall encroach upon Council's footpath area.
Reason: To ensure no injury is caused to persons and to the existing and likely future amenity of the area.
Conditions that must be complied with before the building is occupied/swimming pool is operational
The building and swimming pool or any part thereof must not be used or occupied until a completion inspection has been satisfactorily carried out.
Reason: To comply with the requirements of the Environmental Planning and Assessment Act 1979.
A street number must be displayed in a position clearly visible from the street, in numbers having a height of not less than 75 mm. The number must be in place before the premises can be occupied.
Reason: To provide for the clear identification of the subject property.
Reason: To protect the amenity of adjoining properties .
The occupier of any premises in or which a swimming pool is situated must ensure that there is at all times maintained, in a prominent position in the immediate vicinity of the swimming pool, a sign which must contain the words "YOUNG CHILDREN SHOULD BE SUPERVISED WHEN USING THIS SWIMMING POOL", together with details of resuscitation techniques (for adults, children and infants) set out in accordance with the relevant provisions of the document entitled "Cardio Pulmonary Resuscitation".
Conditions that are ongoing requirements of Development Consents
The dwelling shall be provided with its own bins (waste and recycling) within the dwelling setback to Alexander Street. Bin storage should be suitably screened from the street.
Details to be provided with the application for a Construction Certificate.
Reason: To provide for appropriate and sensible disposal of waste or recycling.
The car parking space provided on the site shall remain as an uncovered car space.
The roof area of the new dwelling shall not be used as a terrace/garden or for entertainment purposes under any circumstances.
GENERAL TERMS OF APPROVAL - RIVERS AND FORESHORE IMPROVEMENT ACT 1948 PART 3A PERMIT
The proposed works are to be carried out so that:
e) No materials are eroded, or likely to be eroded, are deposited, or likely to be deposited, on the bed or shore or into the waters of the Parramatta River; and f) No materials are likely to be carried by natural forces to the bed, shore or water of the Parramatta River.
Any material that does enter the Parramatta River must be removed immediately.
In relation to the above, best practice methods shall be adopted for the on-site control of runoff, sediment and other pollutants during, and post, construction. Methods shall be in accordance with the relevant specifications and standards contained in the manual Managing Urban Stormwater - Soils & Construction issued by the NSW Department of Housing in 1998 and any other relevant Council requirements.
The erosion, sediment and pollution controls shall be installed and stabilised before commencement of site works. This does not include the works associated with the construction of the appropriate controls.
The proposed system for erosion, sediment and pollution control is to be effectively maintained at or above design capacity for the duration of the works and until such time as all ground disturbed has been stabilised and rehabilitated so that it no longer acts as a source of sediment.
Any material that is to be stockpiled on the site is to be stabilised to prevent erosion or dispersal of the material.
Landscaping is to be comprised of locally indigenous species, which represent the original plant communities that would have been found along the foreshore in the vicinity of the subject land.
S J Watts Commissioner of the Court
28/06/2005 - Proceedings 11121 of 2004 - Paragraph(s) General Condition 1 reference to plans changed from 0249/DA13b to 0244b/DA13b
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Leslie Parker and Safwen Hijazi
Leichhardt Council
Leslie Parker and Safwen Hijazi v Leichhardt Council [2005] NSWLEC 3 CITATION : This decision has been amended. Please see the end of the judgment for a list of the amendments.