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[2005] NSWLEC 212
Land and Environment Court (NSW)
2005-05-18
Pain J, Mr P
Original judgment source is linked above.
The Applicant's evidence (i) Bulk and scale of Lot 33 66 Mr Minto disagreed with the conclusions of Mr Moody. He stated that the proposal is acceptable as it is located within the subdivision and occupies a position close to its centre. Even though it is three storeys in height, the design addresses the adjoining development by providing a flat roof with increased setbacks at the upper level. When this is combined with the generous area available for landscaping around its perimeter and the Council approval of two-storey residential dwellings adjoining the buildings, Mr Minto concluded that the proposal is appropriate in relation to height, bulk and scale. Findings (i) Bulk and scale of Lot 33 67 While part of the Council's evidence includes a comparison of the proposed development and the Council's planning controls I cannot and do not apply these controls in my analysis. Rather I apply general planning principles as identified in Fodor and as required under s 79C(1). The issue between Mr Moody and Mr Minto centres on the appearance of the buildings from within the site. In balancing views of Mr Moody and Mr Minto I prefer the conclusions of Mr Moody. I accept Mr Moody's assessment that the upper level is inappropriate when considered in its context. There is a significant difference in the building form and bulk of two storey and three storey developments. Clearly, an upper level that does not impose on the more modest residential density of the surrounding development is more desirable. Even with the proposed setbacks on the upper level, I accept Mr Moody's evidence that it will still be clearly visible, read as a third level and consequently relate unacceptably to its adjoining development.
68 I also consider that while these buildings will be in the centre of the site and if built will be surrounded by the numerous houses already approved around the perimeter of the site and some of the trees to be retained on the site the buildings will be partially visible from surrounding areas such as Berowra Heights and the Mount Ku-ring-gai industrial area. This will contribute to the bulky appearance and scale of development on the site. 69 I consider that, particularly in regard to par 21-24 above, the development is substantially out of character with current and future development in the Berowra and Berowra Heights areas. In addition to the bulk of the upper level of the residential flat buildings in my view this supports the refusal of this appeal having regard to the considerations in s 79C(1) of the Act. Consent Orders 70 In the Statement of Issues filed by the Council there was significant overlap in relation to each of the eight appeals now the subject of consent orders as set out at par 7. The issues in common between the appeals were:
(a) The proposal does not protect and enhance the environmental qualities of the area (clause 2(1)(b)).
(b) The proposal does not promote the well-being of the area's population (clause 2(1)(d)). 2. Whether the proposed bulk and scale is consistent with the character of the environment of the relevant residential zone. 3. Whether the proposed setbacks are satisfactory and in character with the environment of the relevant residential zone.
71 No objections were received in relation to any of the proposed developments the subject of these appeals. Mr Moody and Mr Minto prepared a supplementary report ("the supplementary report") on the planning merits of each of the eight appeals. The Council did not otherwise bring forward any evidence in relation to the identified issues in each appeal. No issue was raised by the Council or in the supplementary report in relation to any of the issues common to all the appeals.
Lot 32 - 2 storey duplex (11553 of 2004) 72 In addition to the issues in common the Council raised specific issues in relation to Lot 32 as follows:
(a) The proposal does not promote a development which is compatible with a low density residential environment particularly in terms of its bulk, scale and density (objective (b)).
(b) The proposal does not provide for development that is within the environmental capacity of a low density residential environment (objective (c)). 2. Whether there will be adequate vehicular access to the garages given the location of support beams/posts for the balcony and pergola and the location and width of the garage door openings. 3. Whether the proposed courtyard fencing will have an adverse impact on the streetscape and whether adequate details have been provided of the proposed fencing in terms of materials of construction.
73 Mr Moody and Mr Minto agreed that there were in no issues in relation to this appeal sufficient to warrant refusal subject to the provision of a 1.5m high privacy screen to the western first-floor balcony. This matter is addressed through an additional condition of approval. 74 The supplementary report indicates that the proposed duplex will not result in any unreasonable impacts internal or external to the site and will provide future residents with an appropriate level of amenity. Private open space faces north with the main living rooms generally to the north and adjacent to the private open space. Additionally the proposal provides appropriate setbacks and appropriate vehicular access and car parking. There is no basis on which the Court considers that a consent order in this appeal ought be refused.
Lots 3 to 6 - 4 x 2 storey dwellings (11556 - 11559 of 2004) 75 In addition to the issues in common the Council raised specific issues in relation to Lots 3 to 6:
(a) The proposal does not promote a development which is compatible with a low density residential environment particularly in terms of its bulk, scale and density (objective (b)). (b) The proposal does not provide for development that is within the environmental capacity of a low density residential environment (objective (c)). 2. Whether each proposal in conjunction with the other three proposals will create an unreasonable streetscape impact when viewed from the internal access road. 76 Mr Moody and Mr Minto agreed that there are in no issues in relation to this appeal sufficient to warrant refusal, subject to the provision of privacy screens to some of the dwellings and the provision of appropriate fencing to Lot 3. These matters were addressed through additional conditions of approval. 77 Lots 3 to 6 are single allotments orientated such that the rear yard face north and adjoin four existing single residential properties to the north of the subject site. Vehicular access to each of these sites is via the proposed internal access road. 78 The supplementary report indicates that each of the proposed four dwellings is considered to be visually compatible with the dwellings on the adjoining properties, noting that each of these dwellings is also two storeys. The north facing courtyards are, on average, much greater than Council requirements while the average site coverage only slightly exceeds the requirement (41 per cent compared to 40 per cent). The dwellings provide appropriate internal setbacks consistent with that contemplated by the Subdivision DCP and appropriate vehicular access, car parking and areas of private open space. There is no basis on which the Court considers that consent orders ought be refused. Lots 27 to 29 - 3 x 2 storey dwellings (11560 - 11562 of 2004) 79 In addition to the issues in common the Council raised specific issues in relation to Lots 27 to 29:
(a) The proposal does not promote a development which is compatible with a sensitive low density residential environment particularly in terms of its bulk, scale and density (objective (b)).
(b) The proposed development is not sensitive to the land capability and established character of a sensitive low density environment (objective (b)).
(c) The proposal does not provide for development that is within the environmental capacity of a sensitive low density residential environment (objective (c)). 2. Whether there is unreasonable adverse overlooking from the first floor windows and balconies to adjoining residences.
80 Lots 27 to 29 are single allotments orientated so that the front facades face north and adjoin the proposed internal access road. Mr Moody and Mr Minto agreed that there are no issues in relation to this appeal sufficient to warrant refusal. 81 The supplementary report indicates that each of the proposed dwellings is considered to be of a form consistent with the height of dwellings in the locality. It is not considered that the dwellings will result in any unreasonable external or internal impacts because of the acceptable levels of solar access to the internal living areas, appropriate internal setbacks and appropriate vehicular access, car parking and private open space. There is no basis on which the Court considers that consent orders ought be refused.
Orders 82 I make the following orders:
LAND AND ENVIRONMENT COURT PROCEEDINGS NO. 11553 OF 2004
Deferred commencement consent is granted pursuant to s80(3) of the Environmental Planning and Assessment Act 1979 for the erection of two (2) dwellings and community title subdivision of one (1) lot into two (2) lots of Lot 32, No 901-903 Pacific Highway, Berowra in accordance with Development Application No 1150/2004, together with all supporting documentation including the Statement of Environmental Effects and accompanying documents which will form part of the consent and the following plans:
Upon satisfaction of all the matters set out in the deferred commencement conditions of consent, the consent will then become effective and operative and the development shall be carried out in accordance with the following conditions.
In accordance with Hornsby Shire Council's Tree Preservation Order, all existing trees shall be retained except where Council's written consent has been obtained for removal, or where after approval of the relevant development application, trees stand within 3 metres of approved buildings or within the alignment of approved vehicular access or parking areas.
Underground utility installations are to be located at least 3m from the trees protected by this condition.
The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare. If reflective glass is to be used externally in the construction of the building, the reflectivity index of the glass is to be no more than 20%. Details to satisfy this condition shall be shown on the Construction Certificate plans.
The boundary between the courtyard areas shall be enclosed with 1.8m high lapped and capped fences screens/walls to protect the privacy of future and adjoining occupants.
A 1.5m high louvre screen shall be erected along the western edge of the first floor balcony on Lot 32 as indicated in red on the approved plans, to establish an appropriate level of privacy in relation to adjoining properties resulting from this development.
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 then the "e-developer" icon or telephone 13 20 92.
Following the 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 Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
The Notice must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.
The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.
The internal driveway and parking areas are to be designed and constructed in accordance with Australian Standard 2890.1.
The vehicular crossing shall have a minimum width of 3.5m at the property boundary alignment.
The vehicular crossings shall be designed and constructed in accordance with Council's Civil Works - Design and Construction Specification 1999.
Stormwater drainage from the site shall be designed and constructed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years. The design shall: (a) Be in accordance with Hornsby Shire Council Civil Works - Design Specification 1999.
(b) Provide for drainage discharge to the existing drainage system. All stormwater from the roofed areas is to be discharged into on site rainwater tanks.
(c) Ensure that the development, either during construction or upon completion, does not impede or divert natural surface water runoff so as to cause a nuisance to adjoining properties.
(d) An allotment filtration pit is to be constructed for each allotment in accordance with the typical designs associated with DA 2228/03.
Lodgement and approval of a Subdivision Certificate is required to authorise the Plan of Subdivision.
All conditions of the development consent are to be completed prior to the issue of the Subdivision Certificate.
An Occupation Certificate for each dwelling is to be issued prior to the approval of the Subdivision Certificate.
The following documentary evidence is to be obtained and forwarded to the Principal Certifying Authority prior to the release of the Subdivision Certificate: (a) Submission of a Surveyor's Certificate stating that all structures within the subject land comply with the development consent in regard to clearance from proposed new boundaries.
(b) The submission of a Surveyor's Certificate stating that no services, drainage lines or access way encroach over the proposed boundary other than as provided for by easements created by the final plan of subdivision.
Suitable provision is to be made for the supply of all relevant services to allotments.
No site works, such as excavation or construction works, shall be commenced prior to: 15.1 A Construction Certificate being issued.
15.2 Sediment and erosion control measures in accordance with condition No. 20 has been implemented.
Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.
It is a requirement of Section 18A(2)(c) of the Environmental Planning and Assessment Act, that you notify Hornsby Council at least two (2) days prior to the intention to commence works.
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish shall be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.
Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom's "Managing Urban Stormwater: Soils and Construction", Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council's "Sustainable Water Best Practices" Manual and shall: * effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority's satisfaction; * include a single all weather accessway at the front of the property consisting of 50-75mm aggregate or similar material at a minimum thickness of 150mm and 5 metres long, laid over geotechnical fabric and constructed prior to commencement of works; * include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition; * ensure that no spoil or fill encroaches upon adjacent bushland for the duration of the works. * ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.
Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.
A qualified practising chartered Structural Engineer shall inspect the slab steel reinforcement prior to the pouring of any concrete and supply the Principal Certifying Authority and a copy to Hornsby Shire Council with a certification of structural adequacy.
On-site signage is required to clearly identify the PCA and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.
In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
The building works must be inspected and Compliance Certificates obtained certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages: * Sediment control and tree protection barriers, prior to any excavation or demolition works commencing. * The pier holes/pads before they are filled with concrete. * The levels of each floor prior to the pouring of concrete or other means of construction. * The framework including roof members when completed and prior to the fixing of any internal sheets. * The wet areas, damp-proofing and flashing before or after lining, whichever is applicable. * Stormwater drainage lines prior to backfilling of trenches. * The building or structure when completed and before occupation or use is commenced.
It is the responsibility of the builder/applicant to organise the required inspections in accordance with the development consent. Should Council be nominated as the certifier of works, inspections can be arranged by contacting Council on 9847 6760 during normal business hour.
The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites".
Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Part 3.1.3, "Termite Risk Management").
The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to "Your Business" section of Sydney Water's web site at then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92.
The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.
Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a Construction Certificate being issued.
The building or part thereof shall not be occupied until an Occupation Certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.
The premises shall be occupied solely for the approved use. No separate occupation or use of any part of the premises shall take place without prior development consent, (other than for exempt or complying development).
The payment of a contribution towards the cost of transport and traffic management, open space and recreation facilities, library and community facilities, bushland and environmental works, stormwater drainage, bushfire protection and Section 94 administration in accordance with Sections 94, 94B and 94C of the Environmental Planning and Assessment Act, 1979, and Hornsby Shire Council's Development Contributions Plan 2004-2010. The total contribution shall be $12,858.80 if paid prior to the end of the quarter of the date of consent. Following this date, contributions will be adjusted in accordance with the underlying consumer price index for the subsequent financial years, it being noted that there are: * 1 x additional allotment @ $12,858.80 per allotment.
This amount is to be paid to Council prior to issue of the Construction Certificate or the Subdivision Certificate, whichever occurs first. The contribution rate will be adjusted on an annual basis in accordance with the underlying consumer price index movements if not paid prior to the end of the quarter of the date of consent.
Note: A copy of Council's Contributions Plan may be inspected during business hours at the first floor of Hornsby Shire Council's Administration Building located at No. 296 Pacific Highway, Hornsby.
Dwellings shall be constructed to comply with AS 3959 Level 3 "Construction of Buildings in Bushfire Prone Areas".
Roller doors, tilt-a-doors and the like shall be sealed to prevent entry of embers into the structure.
The entire property shall be managed as an "Inner Protection Area" as outlined within Section 4.2.2 of Planning for Bushfire Protection.
All fencing shall be constructed from non-combustible materials.
LAND AND ENVIRONMENT COURT PROCEEDINGS NO. 11556 OF 2004
Consent is granted pursuant to s80 of the Environmental Planning and Assessment Act 1979 for the erection of a dwelling house on Lot 3, No 901-903 Pacific Highway, Berowra in accordance with Development Application No 1077/2004, together with all supporting documentation including the Statement of Environmental Effects and accompanying documents which will form part of the consent and the following plans:
The development shall be carried out in accordance with the following conditions.
So as to ensure appropriate visual privacy to adjoining residents a 1.5m high privacy screen comprising of fixed vertical louvres is to be erected on the western elevation of the first floor balcony. Revised plans detailing the above modifications are to be submitted to the Principal Certifying Authority for approval prior to the release of the Construction Certificate.
No site works, including the removal of vegetation or any demolition works, shall be commenced prior to:
2.1. A Construction Certificate being issued. 2.2. Sediment and erosion control measures being implemented.
In order to certify that detailed construction plans and specifications are in accordance with the requirements of the Building Code of Australia, development consent and relevant Australian Standards, a Construction Certificate must be obtained from either Council or an accredited certifier prior to building works commencing.
Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.
It is a requirement of the Environmental Planning and Assessment Act (Section 81A(2)(c)) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
The development approved under this consent shall be used for the purpose as described and no other purpose.
All reinforced concrete slabs and footings shall be designed and constructed in accordance with Australian Standard 2870-1 - 1988 "Residential Slabs and Footings" or be designed by a qualified chartered professional structural engineer.
In accordance with Hornsby Shire Council's Tree Preservation Order, all existing trees shall be retained except where Council's written consent has been obtained for removal, or where after approval of the relevant development application, trees stand within 3 metres of approved buildings or within the alignment of approved vehicular access or parking areas. Underground utility installations are to be located at least 3m from the trees protected by this condition.
Tree guards are to be provided around trees to be retained. The tree guards are to be installed prior to the commencement of any work on the site. Any works, including utility installations (e.g. water, sewer, telephone, drainage), are not to be undertaken within 4 metres of the trunk of any such trees. The tree guards shall be a minimum 1200mm high at least four (4) metres from the base of the nominated tree/s and constructed from timber posts and rails or posts and suitable plywood panels.
The developer or contractor will take all measures to prevent damage to trees and root systems during site works, construction activities and the provision of utilities and stormwater drainage services.
Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom's "Managing Urban Stormwater: Soils and Construction", Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council's "Sustainable Water Best Practices" Manual and shall: * be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority's satisfaction. * include a single all weather accessway at the front of the property consisting of 50-75mm aggregate or similar material at a minimum thickness of 150mm and 5m long, laid over geotechnical fabric and constructed prior to commencement of works. * include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition. * ensure that no spoil or fill encroaches upon adjacent bushland for the duration of the works. * ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.
Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.
On-site signage is required to clearly identify the Principal Certifying Authority and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.
In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
The building works must be inspected by the Principal Certifying Authority certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages: * The pier holes/pads before they are filled with concrete. * The steelwork (i.e. strip footings and each floor slab) when in position and before concrete is placed. * The framework including roof members when completed and prior to the fixing of any internal sheets . * The wet areas, damp-proofing and flashing before or after lining, whichever is applicable. * Stormwater drainage lines prior to backfilling of trenches. * The building or structure when completed and before occupation or use is commenced.
It is the responsibility of the builder/applicant to organise the required inspections. Should Council be nominated as the certifier of works, inspections can be arranged by contacting Council on 9847 6760 during normal business hours.
The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to "Your Business" section of Sydney Water's web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92.
The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
The area surrounding the building shall be reinstated to good order as soon as practical after the completion of site works including, where necessary, the establishment of new landscaping.
The natural ground levels of private open space areas are not to be altered unless otherwise indicated on the approved plans.
The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare.
A Schedule of Finishes is to be provided with the Construction Certificate application.
Roof and collected surface stormwater shall be collected and connected to Council's street water table or piped drainage easement. All stormwater drainage shall be designed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years.
Construction shall comply with AS3959-1999 level 3 'Construction of Buildings in Bushfire Prone Areas'.
Roller doors, tilt-a-doors and the like shall be sealed to prevent entry of embers into the structure.
The entire property shall be managed as an 'Inner Protection Area' as outlined within Section 4.2.2 of Planning for Bushfire Protection.
All fencing shall be constructed from non-combustible materials.
Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to occupation of the development or before where site conditions require.
To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the Principal Certifying Authority at footing stage and at the completion of the building indicating that the building, retaining walls and the like have been correctly positioned and at the correct height, on the site.
No building materials, waste, machinery or related matter are to be stored on the road or footpath and the pathway is to be kept in a clean, tidy and safe condition during the building works. Further, Council may, without notice, impose a fine and/or rectify any such breach and charge the cost against the builder, owner or applicant.
The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish to be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.
Any damage that may be caused to any Council property or adjoining land as a consequence of doing or not doing anything to which this approval relates shall be made good, at the applicant's expense, prior to occupation or use of the structure.
This approval does not give right of access to the site from Council owned or controlled land, a park, a reserve or the like. Should such access be required, written approval is to be obtained from Council's Environment Division. 85 86 Home Building Act 1989
The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.
Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under Section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a Construction Certificate being issued.
The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites".
Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Part 3.1.3 "Termite Risk Management").
Wet areas shall be protected against water in accordance with the Building Code of Australia Part 3.8.1, "Wet Areas".
A certificate from a licensed installer shall be submitted to the Principal Certifying Authority and Hornsby Council certifying that the materials used and installation has been installed in accordance with the Building Code of Australia.
The use of amplified equipment, such as radios and the like during construction stage shall not be used where the noise is audible on any neighbouring property.
Closet accommodation is to be provided at the work site at all times and be located wholly within the boundaries of the property.
Smoke alarms shall be installed in the building in accordance with the Building Code of Australia. A certificate from a licensed electrician certifying that the smoke alarms have been connected to the consumer mains power is to be submitted to Hornsby Council with the Occupation Certificate.
The proposed building materials and design techniques identified for use in the development application shall be incorporated in the building plans and specifications lodged with the application for the Construction Certificate.
A copy of the building plans and specifications shall be retained with the building to aid maintenance and resource recovery at the end of the building's lifespan.
Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) shall be submitted with Council or the principal certifier prior to the release of the Occupation Certificate to confirm compliance with the Construction Waste Management Plan lodged with the development application.
To minimise waste, appropriate project management techniques shall be employed in accordance with C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide "Project Management" is attached for your guidance.
To minimise waste, appropriate work practices shall be employed in accordance with C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide "Work Practices" is attached for your guidance.
An on-site area for material sorting, segregation of hazardous materials, recovery equipment and materials storage (including waste storage containers) to enable efficient source separation shall be established as detailed on the site plan lodged with the development application.
Vehicular access to and on-site to enable the efficient removal of reusable, recyclable and waste materials shall be established as detailed on the site plan lodged with the development application.
Waste and recycling receptacles shall be provided in accordance with Specification FD1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
The dwelling shall not be occupied until Council has released the Subdivision Certificate for No 901-903 Pacific Highway related to Development Application No 2228/03.
The building or part thereof shall not be occupied until an Occupation Certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.
The premises shall be occupied solely for the approved use. No separate occupation or use of any part of the premises shall take place without prior development consent, (other than for exempt or complying development).
LAND AND ENVIRONMENT COURT PROCEEDINGS NO. 11557 OF 2004
Consent is granted pursuant to s80 of the Environmental Planning and Assessment Act 1979 for the erection of a dwelling house on Lot 4, No 901-903 Pacific Highway, Berowra in accordance with Development Application No 1076/2004, together with all supporting documentation including the Statement of Environmental Effects and accompanying documents which will form part of the consent and the following plans:
The development shall be carried out in accordance with the following conditions.
No site works, including the removal of vegetation or any demolition works, shall be commenced prior to:
53.1. A Construction Certificate being issued. 53.2. Sediment and erosion control measures being implemented.
In order to certify that detailed construction plans and specifications are in accordance with the requirements of the Building Code of Australia, development consent and relevant Australian Standards, a Construction Certificate must be obtained from either Council or an accredited certifier prior to building works commencing.
Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.
It is a requirement of the Environmental Planning and Assessment Act (Section 81A(2)(c)) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
The development approved under this consent shall be used for the purpose as described and no other purpose.
All reinforced concrete slabs and footings shall be designed and constructed in accordance with Australian Standard 2870-1 - 1988 "Residential Slabs and Footings" or be designed by a qualified chartered professional structural engineer.
In accordance with Hornsby Shire Council's Tree Preservation Order, all existing trees shall be retained except where Council's written consent has been obtained for removal, or where after approval of the relevant development application, trees stand within 3 metres of approved buildings or within the alignment of approved vehicular access or parking areas. Underground utility installations are to be located at least 3m from the trees protected by this condition.
Tree guards are to be provided around trees to be retained. The tree guards are to be installed prior to the commencement of any work on the site. Any works, including utility installations (e.g. water, sewer, telephone, drainage), are not to be undertaken within 4 metres of the trunk of any such trees. The tree guards shall be a minimum 1200mm high at least four (4) metres from the base of the nominated tree/s and constructed from timber posts and rails or posts and suitable plywood panels.
The developer or contractor will take all measures to prevent damage to trees and root systems during site works, construction activities and the provision of utilities and stormwater drainage services.
Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom's "Managing Urban Stormwater: Soils and Construction", Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council's "Sustainable Water Best Practices" Manual and shall: * be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority's satisfaction. * include a single all weather accessway at the front of the property consisting of 50-75mm aggregate or similar material at a minimum thickness of 150mm and 5m long, laid over geotechnical fabric and constructed prior to commencement of works. * include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition. * ensure that no spoil or fill encroaches upon adjacent bushland for the duration of the works. * ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.
Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.
On-site signage is required to clearly identify the Principal Certifying Authority and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.
In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
The building works must be inspected by the Principal Certifying Authority certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages: * The pier holes/pads before they are filled with concrete. * The steelwork (i.e. strip footings and each floor slab) when in position and before concrete is placed. * The framework including roof members when completed and prior to the fixing of any internal sheets . * The wet areas, damp-proofing and flashing before or after lining, whichever is applicable. * Stormwater drainage lines prior to backfilling of trenches. * The building or structure when completed and before occupation or use is commenced.
It is the responsibility of the builder/applicant to organise the required inspections. Should Council be nominated as the certifier of works, inspections can be arranged by contacting Council on 9847 6760 during normal business hours.
The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to "Your Business" section of Sydney Water's web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92.
The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
The area surrounding the building shall be reinstated to good order as soon as practical after the completion of site works including, where necessary, the establishment of new landscaping.
The natural ground levels of private open space areas are not to be altered unless otherwise indicated on the approved plans.
The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare.
A Schedule of Finishes is to be provided with the Construction Certificate application.
Roof and collected surface stormwater shall be collected and connected to Council's street water table or piped drainage easement. All stormwater drainage shall be designed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years.
Construction shall comply with AS3959-1999 level 3 'Construction of Buildings in Bushfire Prone Areas.
Roller doors, tilt-a-doors and the like shall be sealed to prevent entry of embers into the structure.
The entire property shall be managed as an 'Inner Protection Area' as outlined within Section 4.2.2 of Planning for Bushfire Protection.
All fencing shall be constructed from non-combustible materials.
Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to occupation of the development or before where site conditions require.
To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the Principal Certifying Authority at footing stage and at the completion of the building indicating that the building, retaining walls and the like have been correctly positioned and at the correct height, on the site.
No building materials, waste, machinery or related matter are to be stored on the road or footpath and the pathway is to be kept in a clean, tidy and safe condition during the building works. Further, Council may, without notice, impose a fine and/or rectify any such breach and charge the cost against the builder, owner or applicant.
The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish to be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.
Any damage that may be caused to any Council property or adjoining land as a consequence of doing or not doing anything to which this approval relates shall be made good, at the applicant's expense, prior to occupation or use of the structure.
This approval does not give right of access to the site from Council owned or controlled land, a park, a reserve or the like. Should such access be required, written approval is to be obtained from Council's Environment Division. 90 91 Home Building Act 1989
The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.
Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under Section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a Construction Certificate being issued.
The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites".
Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Part 3.1.3 "Termite Risk Management").
Wet areas shall be protected against water in accordance with the Building Code of Australia Part 3.8.1, "Wet Areas".
A certificate from a licensed installer shall be submitted to the Principal Certifying Authority and Hornsby Council certifying that the materials used and installation has been installed in accordance with the Building Code of Australia.
The use of amplified equipment, such as radios and the like during construction stage shall not be used where the noise is audible on any neighbouring property.
Closet accommodation is to be provided at the work site at all times and be located wholly within the boundaries of the property.
Smoke alarms shall be installed in the building in accordance with the Building Code of Australia. A certificate from a licensed electrician certifying that the smoke alarms have been connected to the consumer mains power is to be submitted to Hornsby Council with the Occupation Certificate.
The proposed building materials and design techniques identified for use in the development application shall be incorporated in the building plans and specifications lodged with the application for the Construction Certificate.
A copy of the building plans and specifications shall be retained with the building to aid maintenance and resource recovery at the end of the building's lifespan.
Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) shall be submitted with Council or the principal certifier prior to the release of the Occupation Certificate to confirm compliance with the Construction Waste Management Plan lodged with the development application.
To minimise waste, appropriate project management techniques shall be employed in accordance with C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide "Project Management" is attached for your guidance.
To minimise waste, appropriate work practices shall be employed in accordance with C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide "Work Practices" is attached for your guidance.
An on-site area for material sorting, segregation of hazardous materials, recovery equipment and materials storage (including waste storage containers) to enable efficient source separation shall be established as detailed on the site plan lodged with the development application.
Vehicular access to and on-site to enable the efficient removal of reusable, recyclable and waste materials shall be established as detailed on the site plan lodged with the development application.
Waste and recycling receptacles shall be provided in accordance with Specification FD1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
The dwelling shall not be occupied until Council has released the Subdivision Certificate for No 901-903 Pacific Highway related to Development Application No 2228/03.
The building or part thereof shall not be occupied until an Occupation Certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.
The premises shall be occupied solely for the approved use. No separate occupation or use of any part of the premises shall take place without prior development consent, (other than for exempt or complying development).
LAND AND ENVIRONMENT COURT PROCEEDINGS NO. 11558 OF 2004
Consent is granted pursuant to s80 of the Environmental Planning and Assessment Act 1979 for the erection of a dwelling house on Lot 5, No 901-903 Pacific Highway, Berowra in accordance with Development Application No 1078/2004, together with all supporting documentation including the Statement of Environmental Effects and accompanying documents which will form part of the consent and the following plans:
The development shall be carried out in accordance with the following conditions.
No site works, including the removal of vegetation or any demolition works, shall be commenced prior to:
104.1. A Construction Certificate being issued. 104.2. Sediment and erosion control measures being implemented.
In order to certify that detailed construction plans and specifications are in accordance with the requirements of the Building Code of Australia, development consent and relevant Australian Standards, a Construction Certificate must be obtained from either Council or an accredited certifier prior to building works commencing.
Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.
It is a requirement of the Environmental Planning and Assessment Act (Section 81A(2)(c)) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
The development approved under this consent shall be used for the purpose as described and no other purpose.
All reinforced concrete slabs and footings shall be designed and constructed in accordance with Australian Standard 2870-1 - 1988 "Residential Slabs and Footings" or be designed by a qualified chartered professional structural engineer.
In accordance with Hornsby Shire Council's Tree Preservation Order, all existing trees shall be retained except where Council's written consent has been obtained for removal, or where after approval of the relevant development application, trees stand within 3 metres of approved buildings or within the alignment of approved vehicular access or parking areas. Underground utility installations are to be located at least 3m from the trees protected by this condition.
Tree guards are to be provided around trees to be retained. The tree guards are to be installed prior to the commencement of any work on the site. Any works, including utility installations (e.g. water, sewer, telephone, drainage), are not to be undertaken within 4 metres of the trunk of any such trees. The tree guards shall be a minimum 1200mm high at least four (4) metres from the base of the nominated tree/s and constructed from timber posts and rails or posts and suitable plywood panels.
The developer or contractor will take all measures to prevent damage to trees and root systems during site works, construction activities and the provision of utilities and stormwater drainage services.
Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom's "Managing Urban Stormwater: Soils and Construction", Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council's "Sustainable Water Best Practices" Manual and shall: * be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority's satisfaction. * include a single all weather accessway at the front of the property consisting of 50-75mm aggregate or similar material at a minimum thickness of 150mm and 5m long, laid over geotechnical fabric and constructed prior to commencement of works. * include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition. * ensure that no spoil or fill encroaches upon adjacent bushland for the duration of the works. * ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.
Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.
On-site signage is required to clearly identify the Principal Certifying Authority and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.
In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
The building works must be inspected by the Principal Certifying Authority certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages: * The pier holes/pads before they are filled with concrete. * The steelwork (i.e. strip footings and each floor slab) when in position and before concrete is placed. * The framework including roof members when completed and prior to the fixing of any internal sheets . * The wet areas, damp-proofing and flashing before or after lining, whichever is applicable. * Stormwater drainage lines prior to backfilling of trenches. * The building or structure when completed and before occupation or use is commenced.
It is the responsibility of the builder/applicant to organise the required inspections. Should Council be nominated as the certifier of works, inspections can be arranged by contacting Council on 9847 6760 during normal business hours.
The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to "Your Business" section of Sydney Water's web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92.
The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
The area surrounding the building shall be reinstated to good order as soon as practical after the completion of site works including, where necessary, the establishment of new landscaping.
The natural ground levels of private open space areas are not to be altered unless otherwise indicated on the approved plans.
The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare.
A Schedule of Finishes is to be provided with the Construction Certificate application.
Roof and collected surface stormwater shall be collected and connected to Council's street water table or piped drainage easement. All stormwater drainage shall be designed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years.
Construction shall comply with AS3959-1999 level 3 'Construction of Buildings in Bushfire Prone Areas.
Roller doors, tilt-a-doors and the like shall be sealed to prevent entry of embers into the structure.
The entire property shall be managed as an 'Inner Protection Area' as outlined within Section 4.2.2 of Planning for Bushfire Protection.
All fencing shall be constructed from non-combustible materials.
Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to occupation of the development or before where site conditions require.
To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the Principal Certifying Authority at footing stage and at the completion of the building indicating that the building, retaining walls and the like have been correctly positioned and at the correct height, on the site.
No building materials, waste, machinery or related matter are to be stored on the road or footpath and the pathway is to be kept in a clean, tidy and safe condition during the building works. Further, Council may, without notice, impose a fine and/or rectify any such breach and charge the cost against the builder, owner or applicant.
The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish to be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.
Any damage that may be caused to any Council property or adjoining land as a consequence of doing or not doing anything to which this approval relates shall be made good, at the applicant's expense, prior to occupation or use of the structure.
This approval does not give right of access to the site from Council owned or controlled land, a park, a reserve or the like. Should such access be required, written approval is to be obtained from Council's Environment Division. 95 96 Home Building Act 1989
The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.
Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under Section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a Construction Certificate being issued.
The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites".
Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Part 3.1.3 "Termite Risk Management").
Wet areas shall be protected against water in accordance with the Building Code of Australia Part 3.8.1, "Wet Areas".
A certificate from a licensed installer shall be submitted to the Principal Certifying Authority and Hornsby Council certifying that the materials used and installation has been installed in accordance with the Building Code of Australia.
The use of amplified equipment, such as radios and the like during construction stage shall not be used where the noise is audible on any neighbouring property.
Closet accommodation is to be provided at the work site at all times and be located wholly within the boundaries of the property.
Smoke alarms shall be installed in the building in accordance with the Building Code of Australia. A certificate from a licensed electrician certifying that the smoke alarms have been connected to the consumer mains power is to be submitted to Hornsby Council with the Occupation Certificate.
The proposed building materials and design techniques identified for use in the development application shall be incorporated in the building plans and specifications lodged with the application for the Construction Certificate.
A copy of the building plans and specifications shall be retained with the building to aid maintenance and resource recovery at the end of the building's lifespan.
Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) shall be submitted with Council or the principal certifier prior to the release of the Occupation Certificate to confirm compliance with the Construction Waste Management Plan lodged with the development application.
To minimise waste, appropriate project management techniques shall be employed in accordance with C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide "Project Management" is attached for your guidance.
To minimise waste, appropriate work practices shall be employed in accordance with C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide "Work Practices" is attached for your guidance.
An on-site area for material sorting, segregation of hazardous materials, recovery equipment and materials storage (including waste storage containers) to enable efficient source separation shall be established as detailed on the site plan lodged with the development application.
Vehicular access to and on-site to enable the efficient removal of reusable, recyclable and waste materials shall be established as detailed on the site plan lodged with the development application.
Waste and recycling receptacles shall be provided in accordance with Specification FD1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
The dwelling shall not be occupied until Council has released the Subdivision Certificate for No 901-903 Pacific Highway related to Development Application No 2228/03.
The building or part thereof shall not be occupied until an Occupation Certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.
The premises shall be occupied solely for the approved use. No separate occupation or use of any part of the premises shall take place without prior development consent, (other than for exempt or complying development).
LAND AND ENVIRONMENT COURT PROCEEDINGS NO. 11559 OF 2004
Consent is granted pursuant to s80 of the Environmental Planning and Assessment Act 1979 for the erection of a dwelling house on Lot 6, No 901-903 Pacific Highway, Berowra in accordance with Development Application No 1079/2004, together with all supporting documentation including the Statement of Environmental Effects and accompanying documents which will form part of the consent and the following plans:
The development shall be carried out in accordance with the following conditions.
No site works, including the removal of vegetation or any demolition works, shall be commenced prior to:
155.1. A Construction Certificate being issued. 155.2. Sediment and erosion control measures being implemented.
In order to certify that detailed construction plans and specifications are in accordance with the requirements of the Building Code of Australia, development consent and relevant Australian Standards, a Construction Certificate must be obtained from either Council or an accredited certifier prior to building works commencing.
Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.
It is a requirement of the Environmental Planning and Assessment Act (Section 81A(2)(c)) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
The development approved under this consent shall be used for the purpose as described and no other purpose.
All reinforced concrete slabs and footings shall be designed and constructed in accordance with Australian Standard 2870-1 - 1988 "Residential Slabs and Footings" or be designed by a qualified chartered professional structural engineer.
In accordance with Hornsby Shire Council's Tree Preservation Order, all existing trees shall be retained except where Council's written consent has been obtained for removal, or where after approval of the relevant development application, trees stand within 3 metres of approved buildings or within the alignment of approved vehicular access or parking areas. Underground utility installations are to be located at least 3m from the trees protected by this condition.
Tree guards are to be provided around trees to be retained. The tree guards are to be installed prior to the commencement of any work on the site. Any works, including utility installations (e.g. water, sewer, telephone, drainage), are not to be undertaken within 4 metres of the trunk of any such trees. The tree guards shall be a minimum 1200mm high at least four (4) metres from the base of the nominated tree/s and constructed from timber posts and rails or posts and suitable plywood panels.
The developer or contractor will take all measures to prevent damage to trees and root systems during site works, construction activities and the provision of utilities and stormwater drainage services.
Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom's "Managing Urban Stormwater: Soils and Construction", Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council's "Sustainable Water Best Practices" Manual and shall: * be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority's satisfaction. * include a single all weather accessway at the front of the property consisting of 50-75mm aggregate or similar material at a minimum thickness of 150mm and 5m long, laid over geotechnical fabric and constructed prior to commencement of works. * include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition. * ensure that no spoil or fill encroaches upon adjacent bushland for the duration of the works. * ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.
Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.
On-site signage is required to clearly identify the Principal Certifying Authority and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.
In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
The building works must be inspected by the Principal Certifying Authority certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages: * The pier holes/pads before they are filled with concrete. * The steelwork (i.e. strip footings and each floor slab) when in position and before concrete is placed. * The framework including roof members when completed and prior to the fixing of any internal sheets . * The wet areas, damp-proofing and flashing before or after lining, whichever is applicable. * Stormwater drainage lines prior to backfilling of trenches. * The building or structure when completed and before occupation or use is commenced.
It is the responsibility of the builder/applicant to organise the required inspections. Should Council be nominated as the certifier of works, inspections can be arranged by contacting Council on 9847 6760 during normal business hours.
The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to "Your Business" section of Sydney Water's web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92.
The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
The area surrounding the building shall be reinstated to good order as soon as practical after the completion of site works including, where necessary, the establishment of new landscaping.
The natural ground levels of private open space areas are not to be altered unless otherwise indicated on the approved plans.
The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare.
A Schedule of Finishes is to be provided with the Construction Certificate application.
Roof and collected surface stormwater shall be collected and connected to Council's street water table or piped drainage easement. All stormwater drainage shall be designed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years.
Construction shall comply with AS3959-1999 level 3 'Construction of Buildings in Bushfire Prone Areas.
Roller doors, tilt-a-doors and the like shall be sealed to prevent entry of embers into the structure.
The entire property shall be managed as an 'Inner Protection Area' as outlined within Section 4.2.2 of Planning for Bushfire Protection.
All fencing shall be constructed from non-combustible materials.
Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to occupation of the development or before where site conditions require.
To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the Principal Certifying Authority at footing stage and at the completion of the building indicating that the building, retaining walls and the like have been correctly positioned and at the correct height, on the site.
No building materials, waste, machinery or related matter are to be stored on the road or footpath and the pathway is to be kept in a clean, tidy and safe condition during the building works. Further, Council may, without notice, impose a fine and/or rectify any such breach and charge the cost against the builder, owner or applicant.
The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish to be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.
Any damage that may be caused to any Council property or adjoining land as a consequence of doing or not doing anything to which this approval relates shall be made good, at the applicant's expense, prior to occupation or use of the structure.
This approval does not give right of access to the site from Council owned or controlled land, a park, a reserve or the like. Should such access be required, written approval is to be obtained from Council's Environment Division. 100 101 Home Building Act 1989
The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.
Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under Section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a Construction Certificate being issued.
The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites".
Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Part 3.1.3 "Termite Risk Management").
Wet areas shall be protected against water in accordance with the Building Code of Australia Part 3.8.1, "Wet Areas".
A certificate from a licensed installer shall be submitted to the Principal Certifying Authority and Hornsby Council certifying that the materials used and installation has been installed in accordance with the Building Code of Australia.
The use of amplified equipment, such as radios and the like during construction stage shall not be used where the noise is audible on any neighbouring property.
Closet accommodation is to be provided at the work site at all times and be located wholly within the boundaries of the property.
Smoke alarms shall be installed in the building in accordance with the Building Code of Australia. A certificate from a licensed electrician certifying that the smoke alarms have been connected to the consumer mains power is to be submitted to Hornsby Council with the Occupation Certificate.
The proposed building materials and design techniques identified for use in the development application shall be incorporated in the building plans and specifications lodged with the application for the Construction Certificate.
A copy of the building plans and specifications shall be retained with the building to aid maintenance and resource recovery at the end of the building's lifespan.
Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) shall be submitted with Council or the principal certifier prior to the release of the Occupation Certificate to confirm compliance with the Construction Waste Management Plan lodged with the development application.
To minimise waste, appropriate project management techniques shall be employed in accordance with C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide "Project Management" is attached for your guidance.
To minimise waste, appropriate work practices shall be employed in accordance with C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide "Work Practices" is attached for your guidance.
An on-site area for material sorting, segregation of hazardous materials, recovery equipment and materials storage (including waste storage containers) to enable efficient source separation shall be established as detailed on the site plan lodged with the development application.
Vehicular access to and on-site to enable the efficient removal of reusable, recyclable and waste materials shall be established as detailed on the site plan lodged with the development application.
Waste and recycling receptacles shall be provided in accordance with Specification FD1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
The dwelling shall not be occupied until Council has released the Subdivision Certificate for No 901-903 Pacific Highway related to Development Application No 2228/03.
The building or part thereof shall not be occupied until an Occupation Certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.
The premises shall be occupied solely for the approved use. No separate occupation or use of any part of the premises shall take place without prior development consent, (other than for exempt or complying development).
LAND AND ENVIRONMENT COURT PROCEEDINGS NO. 11560 OF 2004
Deferred commencement consent is granted pursuant to s80(3) of the Environmental Planning and Assessment Act 1979 for the erection of a dwelling house on Lot 27, No 901-903 Pacific Highway, Berowra in accordance with Development Application No 1100/2004, together with all supporting documentation including the Statement of Environmental Effects and accompanying documents which will form part of the consent and the following plans:
Upon satisfaction of all the matters set out in the deferred commencement conditions of consent, the consent will then become effective and operative and the development shall be carried out in accordance with the following conditions.
No site works, including the removal of vegetation or any demolition works, shall be commenced prior to: 1.1 A Construction Certificate being issued.
1.2 Sediment and erosion control measures being implemented.
In order to certify that detailed construction plans and specifications are in accordance with the requirements of the Building Code of Australia, development consent and relevant Australian Standards, a Construction Certificate must be obtained from either Council or an accredited certifier prior to building works commencing.
Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.
It is a requirement of the Environmental Planning and Assessment Act (Section 81A(2)(c)) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
The development approved under this consent shall be used for the purpose as described and no other purpose.
All reinforced concrete slabs and footings shall be designed and constructed in accordance with Australian Standard 2870-1 - 1988 "Residential Slabs and Footings" or be designed by a qualified chartered professional structural engineer.
In accordance with Hornsby Shire Council's Tree Preservation Order, all existing trees shall be retained except where Council's written consent has been obtained for removal, or where after approval of the relevant development application, trees stand within 3 metres of approved buildings or within the alignment of approved vehicular access or parking areas. Underground utility installations are to be located at least 3m from the trees protected by this condition.
Tree guards are to be provided around trees to be retained. The tree guards are to be installed prior to the commencement of any work on the site. Any works, including utility installations (e.g. water, sewer, telephone, drainage), are not to be undertaken within 4 metres of the trunk of any such trees. The tree guards shall be a minimum 1200mm high at least four (4) metres from the base of the nominated tree/s and constructed from timber posts and rails or posts and suitable plywood panels.
The developer or contractor will take all measures to prevent damage to trees and root systems during site works, construction activities and the provision of utilities and stormwater drainage services.
Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom's "Managing Urban Stormwater: Soils and Construction", Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council's "Sustainable Water Best Practices" Manual and shall: * be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority's satisfaction. * include a single all weather accessway at the front of the property consisting of 50-75mm aggregate or similar material at a minimum thickness of 150mm and 5m long, laid over geotechnical fabric and constructed prior to commencement of works. * include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition. * ensure that no spoil or fill encroaches upon adjacent bushland for the duration of the works. * ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.
Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.
On-site signage is required to clearly identify the Principal Certifying Authority and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.
In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
The building works must be inspected by the Principal Certifying Authority certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages: * The pier holes/pads before they are filled with concrete. * The steelwork (i.e. strip footings and each floor slab) when in position and before concrete is placed. * The framework including roof members when completed and prior to the fixing of any internal sheets . * The wet areas, damp-proofing and flashing before or after lining, whichever is applicable. * Stormwater drainage lines prior to backfilling of trenches. * The building or structure when completed and before occupation or use is commenced.
It is the responsibility of the builder/applicant to organise the required inspections. Should Council be nominated as the certifier of works, inspections can be arranged by contacting Council on 9847 6760 during normal business hours.
The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to "Your Business" section of Sydney Water's web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92.
The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
The area surrounding the building shall be reinstated to good order as soon as practical after the completion of site works including, where necessary, the establishment of new landscaping.
The natural ground levels of private open space areas are not to be altered unless otherwise indicated on the approved plans.
The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare. If reflective glass is to be used externally in the construction of the building, the reflectivity index of the glass is to be no more than 20%.
A Schedule of Finishes is to be provided with the Construction Certificate application to satisfy condition 19 above.
Roof and collected surface stormwater shall be collected and connected to Council's street water table or piped drainage easement. All stormwater drainage shall be designed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years.
Construction shall comply with AS3959-1999 level 3 'Construction of Buildings in Bushfire Prone Areas'.
Roller doors, tilt-a-doors and the like shall be sealed to prevent entry of embers into the structure.
The entire property shall be managed as an 'Inner Protection Area' as outlined within Section 4.2.2 of Planning for Bushfire Protection.
All fencing shall be constructed from non-combustible materials.
Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to occupation of the development or before where site conditions require.
To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the Principal Certifying Authority at footing stage and at the completion of the building indicating that the building, retaining walls and the like have been correctly positioned and at the correct height, on the site.
No building materials, waste, machinery or related matter are to be stored on the road or footpath and the pathway is to be kept in a clean, tidy and safe condition during the building works. Further, Council may, without notice, impose a fine and/or rectify any such breach and charge the cost against the builder, owner or applicant.
The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish to be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.
Any damage that may be caused to any Council property or adjoining land as a consequence of doing or not doing anything to which this approval relates shall be made good, at the applicant's expense, prior to occupation or use of the structure.
This approval does not give right of access to the site from Council owned or controlled land, a park, a reserve or the like. Should such access be required, written approval is to be obtained from Council's Environment Division.
A 1.5m high lapped louvre or solid screen shall be erected on the western side of the first floor balcony as indicated in red on the approved plans, to establish an appropriate level of privacy in relation to adjoining properties resulting from this development.
The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.
Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a Construction Certificate being issued.
The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites".
Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Part 3.1.3 "Termite Risk Management").
Wet areas shall be protected against water in accordance with the Building Code of Australia Part 3.8.1, "Wet Areas".
A certificate from a licensed installer shall be submitted to the Principal Certifying Authority and Hornsby Council certifying that the materials used and installation has been installed in accordance with the Building Code of Australia.
The use of amplified equipment, such as radios and the like during construction stage shall not be used where the noise is audible on any neighbouring property.
Closet accommodation is to be provided at the work site at all times and be located wholly within the boundaries of the property.
Smoke alarms shall be installed in the building in accordance with the Building Code of Australia. A certificate from a licensed electrician certifying that the smoke alarms have been connected to the consumer mains power is to be submitted to Hornsby Council with the Occupation Certificate.
The proposed building materials and design techniques identified for use in the development application shall be incorporated in the building plans and specifications lodged with the application for the Construction Certificate.
A copy of the building plans and specifications shall be retained with the building to aid maintenance and resource recovery at the end of the building's lifespan.
Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) shall be submitted with Council or the principal certifier prior to the release of the Occupation Certificate to confirm compliance with the Construction Waste Management Plan lodged with the development application.
To minimise waste, appropriate project management techniques shall be employed in accordance with C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide "Project Management" is attached for your guidance.
To minimise waste, appropriate work practices shall be employed in accordance with C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide "Work Practices" is attached for your guidance.
An on-site area for material sorting, segregation of hazardous materials, recovery equipment and materials storage (including waste storage containers) to enable efficient source separation shall be established as detailed on the site plan lodged with the development application.
Vehicular access to and on-site to enable the efficient removal of reusable, recyclable and waste materials shall be established as detailed on the site plan lodged with the development application.
Waste and recycling receptacles shall be provided in accordance with Specification FD1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
The building or part thereof shall not be occupied until an Occupation Certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.
The premises shall be occupied solely for the approved use. No separate occupation or use of any part of the premises shall take place without prior development consent, (other than for exempt or complying development).
LAND AND ENVIRONMENT COURT PROCEEDINGS NO. 11561 OF 2004
Deferred commencement consent is granted pursuant to s80(3) of the Environmental Planning and Assessment Act 1979 for the erection of a dwelling house on Lot 28, No 901-903 Pacific Highway, Berowra in accordance with Development Application No 1101/2004, together with all supporting documentation including the Statement of Environmental Effects and accompanying documents which will form part of the consent and the following plans:
Upon satisfaction of all the matters set out in the deferred commencement conditions of consent, the consent will then become effective and operative and the development shall be carried out in accordance with the following conditions.
No site works, including the removal of vegetation or any demolition works, shall be commenced prior to: 1.1 A Construction Certificate being issued.
1.2 Sediment and erosion control measures being implemented.
In order to certify that detailed construction plans and specifications are in accordance with the requirements of the Building Code of Australia, development consent and relevant Australian Standards, a Construction Certificate must be obtained from either Council or an accredited certifier prior to building works commencing.
Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.
It is a requirement of the Environmental Planning and Assessment Act (Section 81A(2)(c)) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
The development approved under this consent shall be used for the purpose as described and no other purpose.
All reinforced concrete slabs and footings shall be designed and constructed in accordance with Australian Standard 2870-1 - 1988 "Residential Slabs and Footings" or be designed by a qualified chartered professional structural engineer.
In accordance with Hornsby Shire Council's Tree Preservation Order, all existing trees shall be retained except where Council's written consent has been obtained for removal, or where after approval of the relevant development application, trees stand within 3 metres of approved buildings or within the alignment of approved vehicular access or parking areas. Underground utility installations are to be located at least 3m from the trees protected by this condition.
Tree guards are to be provided around trees to be retained. The tree guards are to be installed prior to the commencement of any work on the site. Any works, including utility installations (e.g. water, sewer, telephone, drainage), are not to be undertaken within 4 metres of the trunk of any such trees. The tree guards shall be a minimum 1200mm high at least four (4) metres from the base of the nominated tree/s and constructed from timber posts and rails or posts and suitable plywood panels.
The developer or contractor will take all measures to prevent damage to trees and root systems during site works, construction activities and the provision of utilities and stormwater drainage services.
Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom's "Managing Urban Stormwater: Soils and Construction", Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council's "Sustainable Water Best Practices" Manual and shall: * be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority's satisfaction. * include a single all weather accessway at the front of the property consisting of 50-75mm aggregate or similar material at a minimum thickness of 150mm and 5m long, laid over geotechnical fabric and constructed prior to commencement of works. * include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition. * ensure that no spoil or fill encroaches upon adjacent bushland for the duration of the works. * ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.
Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.
On-site signage is required to clearly identify the Principal Certifying Authority and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.
In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
The building works must be inspected by the Principal Certifying Authority certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages: * The pier holes/pads before they are filled with concrete. * The steelwork (i.e. strip footings and each floor slab) when in position and before concrete is placed. * The framework including roof members when completed and prior to the fixing of any internal sheets . * The wet areas, damp-proofing and flashing before or after lining, whichever is applicable. * Stormwater drainage lines prior to backfilling of trenches. * The building or structure when completed and before occupation or use is commenced.
It is the responsibility of the builder/applicant to organise the required inspections. Should Council be nominated as the certifier of works, inspections can be arranged by contacting Council on 9847 6760 during normal business hours.
The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to "Your Business" section of Sydney Water's web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92.
The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
The area surrounding the building shall be reinstated to good order as soon as practical after the completion of site works including, where necessary, the establishment of new landscaping.
The natural ground levels of private open space areas are not to be altered unless otherwise indicated on the approved plans.
The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare. If reflective glass is to be used externally in the construction of the building, the reflectivity index of the glass is to be no more than 20%.
A Schedule of Finishes is to be provided with the Construction Certificate application to satisfy condition 19 above.
Roof and collected surface stormwater shall be collected and connected to Council's street water table or piped drainage easement. All stormwater drainage shall be designed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years.
Construction shall comply with AS3959-1999 level 3 'Construction of Buildings in Bushfire Prone Areas'.
Roller doors, tilt-a-doors and the like shall be sealed to prevent entry of embers into the structure.
The entire property shall be managed as an 'Inner Protection Area' as outlined within Section 4.2.2 of Planning for Bushfire Protection.
All fencing shall be constructed from non-combustible materials.
Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to occupation of the development or before where site conditions require.
To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the Principal Certifying Authority at footing stage and at the completion of the building indicating that the building, retaining walls and the like have been correctly positioned and at the correct height, on the site.
No building materials, waste, machinery or related matter are to be stored on the road or footpath and the pathway is to be kept in a clean, tidy and safe condition during the building works. Further, Council may, without notice, impose a fine and/or rectify any such breach and charge the cost against the builder, owner or applicant.
The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish to be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.
Any damage that may be caused to any Council property or adjoining land as a consequence of doing or not doing anything to which this approval relates shall be made good, at the applicant's expense, prior to occupation or use of the structure.
This approval does not give right of access to the site from Council owned or controlled land, a park, a reserve or the like. Should such access be required, written approval is to be obtained from Council's Environment Division.
A 1.5m high lapped louvre or solid screen shall be erected on the western side of the first floor balcony as indicated in red on the approved plans, to establish an appropriate level of privacy in relation to adjoining properties resulting from this development.
The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.
Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a Construction Certificate being issued.
The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites".
Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Part 3.1.3 "Termite Risk Management").
Wet areas shall be protected against water in accordance with the Building Code of Australia Part 3.8.1, "Wet Areas".
A certificate from a licensed installer shall be submitted to the Principal Certifying Authority and Hornsby Council certifying that the materials used and installation has been installed in accordance with the Building Code of Australia.
The use of amplified equipment, such as radios and the like during construction stage shall not be used where the noise is audible on any neighbouring property.
Closet accommodation is to be provided at the work site at all times and be located wholly within the boundaries of the property.
Smoke alarms shall be installed in the building in accordance with the Building Code of Australia. A certificate from a licensed electrician certifying that the smoke alarms have been connected to the consumer mains power is to be submitted to Hornsby Council with the Occupation Certificate.
The proposed building materials and design techniques identified for use in the development application shall be incorporated in the building plans and specifications lodged with the application for the Construction Certificate.
A copy of the building plans and specifications shall be retained with the building to aid maintenance and resource recovery at the end of the building's lifespan.
Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) shall be submitted with Council or the principal certifier prior to the release of the Occupation Certificate to confirm compliance with the Construction Waste Management Plan lodged with the development application.
To minimise waste, appropriate project management techniques shall be employed in accordance with C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide "Project Management" is attached for your guidance.
To minimise waste, appropriate work practices shall be employed in accordance with C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide "Work Practices" is attached for your guidance.
An on-site area for material sorting, segregation of hazardous materials, recovery equipment and materials storage (including waste storage containers) to enable efficient source separation shall be established as detailed on the site plan lodged with the development application.
Vehicular access to and on-site to enable the efficient removal of reusable, recyclable and waste materials shall be established as detailed on the site plan lodged with the development application.
Waste and recycling receptacles shall be provided in accordance with Specification FD1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
The building or part thereof shall not be occupied until an Occupation Certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.
The premises shall be occupied solely for the approved use. No separate occupation or use of any part of the premises shall take place without prior development consent, (other than for exempt or complying development).
LAND AND ENVIRONMENT COURT PROCEEDINGS NO. 11562 OF 2004
Deferred commencement consent is granted pursuant to s80(3) of the Environmental Planning and Assessment Act 1979 for the erection of a dwelling house on Lot 29, No 901-903 Pacific Highway, Berowra in accordance with Development Application No 1102/2004, together with all supporting documentation including the Statement of Environmental Effects and accompanying documents which will form part of the consent and the following plans:
Upon satisfaction of all the matters set out in the deferred commencement conditions of consent, the consent will then become effective and operative and the development shall be carried out in accordance with the following conditions.
No site works, including the removal of vegetation or any demolition works, shall be commenced prior to: 1.1 A Construction Certificate being issued.
1.2 Sediment and erosion control measures being implemented.
In order to certify that detailed construction plans and specifications are in accordance with the requirements of the Building Code of Australia, development consent and relevant Australian Standards, a Construction Certificate must be obtained from either Council or an accredited certifier prior to building works commencing.
Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.
It is a requirement of the Environmental Planning and Assessment Act (Section 81A(2)(c)) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
The development approved under this consent shall be used for the purpose as described and no other purpose.
All reinforced concrete slabs and footings shall be designed and constructed in accordance with Australian Standard 2870-1 - 1988 "Residential Slabs and Footings" or be designed by a qualified chartered professional structural engineer.
In accordance with Hornsby Shire Council's Tree Preservation Order, all existing trees shall be retained except where Council's written consent has been obtained for removal, or where after approval of the relevant development application, trees stand within 3 metres of approved buildings or within the alignment of approved vehicular access or parking areas. Underground utility installations are to be located at least 3m from the trees protected by this condition.
Tree guards are to be provided around trees to be retained. The tree guards are to be installed prior to the commencement of any work on the site. Any works, including utility installations (e.g. water, sewer, telephone, drainage), are not to be undertaken within 4 metres of the trunk of any such trees. The tree guards shall be a minimum 1200mm high at least four (4) metres from the base of the nominated tree/s and constructed from timber posts and rails or posts and suitable plywood panels.
The developer or contractor will take all measures to prevent damage to trees and root systems during site works, construction activities and the provision of utilities and stormwater drainage services.
Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of Landcom's "Managing Urban Stormwater: Soils and Construction", Volume 1, 4th Edition, March 2004, (the Blue Book), and Hornsby Shire Council's "Sustainable Water Best Practices" Manual and shall: * be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority's satisfaction. * include a single all weather accessway at the front of the property consisting of 50-75mm aggregate or similar material at a minimum thickness of 150mm and 5m long, laid over geotechnical fabric and constructed prior to commencement of works. * include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition. * ensure that no spoil or fill encroaches upon adjacent bushland for the duration of the works. * ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.
Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.
On-site signage is required to clearly identify the Principal Certifying Authority and the principal contractor (the coordinator of the building work) pursuant to the Environmental Planning and Assessment Amendment (Quality of Construction) Act 2003, s157(1)(c1), Cl 98A, 136C & 227A.
In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
The building works must be inspected by the Principal Certifying Authority certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages: * The pier holes/pads before they are filled with concrete. * The steelwork (i.e. strip footings and each floor slab) when in position and before concrete is placed. * The framework including roof members when completed and prior to the fixing of any internal sheets . * The wet areas, damp-proofing and flashing before or after lining, whichever is applicable. * Stormwater drainage lines prior to backfilling of trenches. * The building or structure when completed and before occupation or use is commenced.
It is the responsibility of the builder/applicant to organise the required inspections. Should Council be nominated as the certifier of works, inspections can be arranged by contacting Council on 9847 6760 during normal business hours.
The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to "Your Business" section of Sydney Water's web site at www.sydneywater.com.au then see Building & Renovating under the heading Building & Renovating, or telephone 13 20 92.
The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
The area surrounding the building shall be reinstated to good order as soon as practical after the completion of site works including, where necessary, the establishment of new landscaping.
The natural ground levels of private open space areas are not to be altered unless otherwise indicated on the approved plans.
The finished surface materials, including colours and texture of any building and/or hard paved areas, shall blend with the surrounding environment and shall be non-glare. If reflective glass is to be used externally in the construction of the building, the reflectivity index of the glass is to be no more than 20%.
A Schedule of Finishes is to be provided with the Construction Certificate application to satisfy condition 19 above.
Roof and collected surface stormwater shall be collected and connected to Council's street water table or piped drainage easement. All stormwater drainage shall be designed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years.
Construction shall comply with AS3959-1999 level 3 'Construction of Buildings in Bushfire Prone Areas'.
Roller doors, tilt-a-doors and the like shall be sealed to prevent entry of embers into the structure.
The entire property shall be managed as an 'Inner Protection Area' as outlined within Section 4.2.2 of Planning for Bushfire Protection.
All fencing shall be constructed from non-combustible materials.
Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to occupation of the development or before where site conditions require.
To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the Principal Certifying Authority at footing stage and at the completion of the building indicating that the building, retaining walls and the like have been correctly positioned and at the correct height, on the site.
No building materials, waste, machinery or related matter are to be stored on the road or footpath and the pathway is to be kept in a clean, tidy and safe condition during the building works. Further, Council may, without notice, impose a fine and/or rectify any such breach and charge the cost against the builder, owner or applicant.
The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish to be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.
Any damage that may be caused to any Council property or adjoining land as a consequence of doing or not doing anything to which this approval relates shall be made good, at the applicant's expense, prior to occupation or use of the structure.
This approval does not give right of access to the site from Council owned or controlled land, a park, a reserve or the like. Should such access be required, written approval is to be obtained from Council's Environment Division.
A 1.5m high lapped louvre or solid screen shall be erected on the western side of the first floor balcony as indicated in red on the approved plans, to establish an appropriate level of privacy in relation to adjoining properties resulting from this development.
The builder or person who does the residential building work must comply with the applicable requirements of Part 6 of the Home Building Act 1989 and must not contract to do any residential building work unless a contract of insurance that complies with that Act is in force in relation to the proposed work. A copy of the contract of insurance shall be submitted to Hornsby Council before any works commence.
Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a Construction Certificate being issued.
The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites".
Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Part 3.1.3 "Termite Risk Management").
Wet areas shall be protected against water in accordance with the Building Code of Australia Part 3.8.1, "Wet Areas".
A certificate from a licensed installer shall be submitted to the Principal Certifying Authority and Hornsby Council certifying that the materials used and installation has been installed in accordance with the Building Code of Australia.
The use of amplified equipment, such as radios and the like during construction stage shall not be used where the noise is audible on any neighbouring property.
Closet accommodation is to be provided at the work site at all times and be located wholly within the boundaries of the property.
Smoke alarms shall be installed in the building in accordance with the Building Code of Australia. A certificate from a licensed electrician certifying that the smoke alarms have been connected to the consumer mains power is to be submitted to Hornsby Council with the Occupation Certificate.
The proposed building materials and design techniques identified for use in the development application shall be incorporated in the building plans and specifications lodged with the application for the Construction Certificate.
A copy of the building plans and specifications shall be retained with the building to aid maintenance and resource recovery at the end of the building's lifespan.
Documentary evidence (ie. tipping dockets/receipts from transfer stations and landfills) shall be submitted with Council or the principal certifier prior to the release of the Occupation Certificate to confirm compliance with the Construction Waste Management Plan lodged with the development application.
To minimise waste, appropriate project management techniques shall be employed in accordance with C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide "Project Management" is attached for your guidance.
To minimise waste, appropriate work practices shall be employed in accordance with C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide.
C1.02 of the Hornsby Shire Council Waste Minimisation and Management Guide "Work Practices" is attached for your guidance.
An on-site area for material sorting, segregation of hazardous materials, recovery equipment and materials storage (including waste storage containers) to enable efficient source separation shall be established as detailed on the site plan lodged with the development application.
Vehicular access to and on-site to enable the efficient removal of reusable, recyclable and waste materials shall be established as detailed on the site plan lodged with the development application.
Waste and recycling receptacles shall be provided in accordance with Specification FD1.01 of the Hornsby Shire Council Waste Minimisation and Management Guide.
The building or part thereof shall not be occupied until an Occupation Certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.
The premises shall be occupied solely for the approved use. No separate occupation or use of any part of the premises shall take place without prior development consent, (other than for exempt or complying development).
DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.
Masterbuilt Pty Limited
Hornsby Shire Council
CITATION : Masterbuilt Pty Limited v Hornsby Shire Council [2005] NSWLEC 212
Berowra RSL Community and Bowling Club Ltd v Hornsby Shire Council [2000] NSWLEC 243; Fodor Investments Pty Ltd v Hornsby Shire Council [2005] NSWLEC 71; CASES CITED: Royal Agricultural Society of New South Wales v Sydney City Council (1987) 61 LGRA 305; Star Property Investments Pty Limited and Another v Leichhardt Municipal Council [2000] NSWLEC 235
(ii) Visual Impact of Lot 31 49 Mr Moody stated that the proposal would provide an undesirable visual impact when viewed from the Pacific Highway. Notwithstanding the setback of 40m to 60m, the setback largely comprises land owned by the Roads and Traffic Authority ("the RTA") or used as Trig Station Hanley. He stated that a development should provide satisfactory landscaping on its own site and not rely on adjoining properties for landscaping. (iii) Amenity of Lot 31 50 Mr Moody gave evidence that the site coverage and extent of the basement car park also severely limited the ability of the proposal to provide soft landscaping. The Applicant's evidence (i) Bulk and scale of Lot 31 51 Mr Minto relied on the finding in Star Properties Investments Pty Limited & Anor v Leichhardt Municipal Council [2000] NSWLEC 235 at [61] that a proposal does not need to comply with the Council's development standards and other planning controls to overcome the numerical non-compliances raised by Mr Moody. He reiterated that while Lot 31 differs to single dwelling houses, the application does not possess qualities that warrant refusal. Mr Minto stated that it is important to consider the proposal in the context of the site having no real relationship with any neighbouring residential property, apart from four residential properties along part of the northern boundary.