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[2017] NSWLEC 100
Land and Environment Court (NSW)
2017-08-07
Moore J
Original judgment source is linked above.
EXTEMPORE Judgment
Annexure A Annexure A - amended plans (2.65 MB, pdf)
Annexure B CONDITIONS OF CONSENT 1139 VICTORIA ROAD, WEST RYDE LDA2015/274 LAND AND ENVIRONMENT COURT PROCEEDINGS No 369547 of 2016 GENERAL The following conditions of consent included in this Part identify the requirements, terms and limitations imposed on this development.
These are contributions under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Development Contributions Plan 2007 Interim Update (2014), effective from 10 December 2014. The above amounts are current at the date of this consent, and are subject to quarterly adjustment for inflation on the basis of the contribution rates that are applicable at time of payment. Such adjustment for inflation is by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) - and may result in contribution amounts that differ from those shown above. The contribution must be paid prior to the issue of any Construction Certificate. Payment may be by EFTPOS (debit card only), CASH or a BANK CHEQUE made payable to the City of Ryde. Personal or company cheques will not be accepted. A copy of the Section 94 Development Contributions Plan may be inspected at the Ryde Planning and Business Centre, 1 Pope Street Ryde (corner Pope and Devlin Streets, within Top Ryde City Shopping Centre) or on Council's website http://www.ryde.nsw.gov.au. 26. Compliance with Australian Standards. The development is required to be carried out in accordance with all relevant Australian Standards. Details demonstrating compliance with the relevant Australian Standard are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 27. Structural Certification. The applicant must engage a qualified practising structural engineer to provide structural certification in accordance with relevant BCA requirements prior to the release of the Construction Certificate. 28. Security deposit. The Council must be provided with security for the purposes of section 80A(6) of the Environmental Planning and Assessment Act 1979 in a sum determined by reference to Council's Management Plan prior to the release of the Construction Certificate. (other buildings with delivery of bricks or concrete or machine excavation) 29. Fees. The following fees must be paid to Council in accordance with Council's Management Plan prior to the release of the Construction Certificate: (a) Infrastructure Restoration and Administration Fee (b) Enforcement Levy 30. Long Service Levy. Documentary evidence of payment of the Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 is to be submitted to the Principal Certifying Authority prior to the issuing of the Construction Certificate. 31. Sydney Water - Building Plan Approval. The plans approved as part of the Construction Certificate must also be approved by Sydney Water prior to excavation or construction works commencing. This allows Sydney Water to determine if sewer, water or stormwater mains or easements will be affected by any part of your development. Please go to www.sydneywater.com.au/tapin to apply. 32. Reflectivity of materials. Roofing and other external materials must be of low glare and reflectivity. Details of finished external surface materials, including colours and texture must be provided to the Principal Certifying Authority prior to the release of the Construction Certificate. 33. Fencing. Fencing is to be in accordance with Council's Development Control Plan and details of compliance are to be provided in the plans for the Construction Certificate. 34. Lighting of common areas (driveways etc). Details of lighting for internal driveways, common areas and the street frontage shall be submitted for approval prior to issue of the Construction Certificate. The details to include certification from an appropriately qualified person that there will be no offensive glare onto adjoining residents or boarding rooms within the development. 35. Sensor Lighting - Sensor lighting is to be provided to the side entry gates within the eastern and western side setback areas. Details are to be submitted to the Principal Certifying Authority for approval prior to the issue of a Construction Certificate. The details to include certification from an appropriately qualified person that there will be no offensive glare onto adjoining residents or boarding rooms within the development. 36. Clothes Drying Facilities (external). An external clothes drying area is to be provided with minimum area of 15m2 that is accessible for all residents in compliance with the provisions contained within Part 3.5 of the Ryde DCP 2014. Details are to be submitted to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate. 37. Lockable Side Entry Gates. The side gates shown on the submitted ground floor plans within the eastern and western side setback providing access to the private open space areas of the boarding house must be provided with a keypad locking mechanism to prevent unauthorised access into these areas. Details indicating compliance with this condition shall be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate 38. Bicycle parking. Bicycle parking is be designed in accordance with AS 2890.3 Parking facilities - Bicycle parking facilities. 38A. Road traffic noise criteria for sensitive developments. The building(s) must be designed and constructed so that the road traffic noise levels inside the building(s) comply with the noise criteria specified in Development Near Rail Corridors and Busy Roads - Interim Guideline (Department of Planning, 2008). Engineering Conditions 39. Reconstruction of Footpath Crossing and Adjoining Kerb Inlet Lintel. The existing footpath crossing and adjoining kerb lintel is in a dilapidated state, likely to degrade further during construction works. To ensure that the serviceable life of this infrastructure is uniform with that of the development, the driveway crossover and kerb lintel must be replaced with a crossing which conforms with Council's requirements (in terms of design, materials and construction details). Accordingly, prior to issue of Construction Certificate an application shall be made to Council's Public Works division for the issue of boundary levels and reconstruction of the driveway. The issued levels are to be incorporated into the design of the driveway access and clearly delineated on plans submitted with the Construction Certificate application. 40. Vehicle Access & Parking. All internal driveways, vehicle turning areas, garages and vehicle parking space/ loading bay dimensions must be designed and constructed to comply with the relevant section of AS 2890 (Offstreet Parking standards). With respect to this, the following revision(s) must be undertaken; (a) The proposed access aisle (internal driveway approaching the car spaces) must be increased to a minimum 5.8m wide, in order to comply with the aforementioned standard. (b) The manoeuvring bay provided opposite the parking spaces must be offset north so as to adjoin the dwelling, enabling carspace 1 to reverse into the area and exit the site in a forward manner. These amendment(s) must be clearly marked on the plans submitted with the application for a Construction Certificate to demonstrate compliance with this condition. 41. Stormwater Management. Stormwater runoff from the development shall be collected and piped by gravity flow to the kerb inlet pit in Victoria Road, generally in accordance with the plans by Storm Civil Consulting Engineers Pty Ltd. (Refer to Job No. 110294 Dwgs D1 & D2 Iss. A dated 22 April 2015). The detailed plans, documentation and certification of the drainage system must be submitted with the application for a Construction Certificate and are to be prepared by a chartered civil engineer and comply with the following; - The certification must state that the submitted design (including any associated components such as pump/ sump, absorption, onsite dispersal, charged system) are in accordance with the requirements of AS 3500.3 (2003) and any further detail or variations to the design are in accordance with the requirements of City of Ryde DCP 2014 Part 8.2 (Stormwater and Floodplain Management) and associated annexures. - The submitted design is consistent with the approved architectural and landscape plan and any revisions to these plans required by conditions of this consent. 42. Stormwater Management - Connection to Public Drainage System. The connection to the public inground stormwater drainage infrastructure located in Victoria Road will require the inspection by Council's Public Works section to ensure the integrity of this asset is maintained. The method of connection must comply with Council's DCP and Technical Standards. An inspection fee in accordance with Council's current fees and charges must be paid to Council prior to the issue of the Construction Certificate. Council must be notified when the connection has been made to the pit and an inspection must be made by a Council officer prior to restoration/ backfill at the point of connection for approval. 43. Stormwater Management - Quality. A first flush infiltration system is to be designed and installed to capture the initial runoff from the paved parking area and store this flow off line to allow infiltration to the surrounding soil 44. Evidence of connection by gravity flow - Documentary evidence from a professional hydraulic engineer or other suitably qualified person demonstrating that all of the premises will be connected directly to the sewerage system by gravity flow must be submitted with the application for the Construction Certificate. Environmental Health Conditions 45. Remediation of land following detailed site investigation. Prior to the issue of the Construction Certificate, where required by the detailed site investigation report, prepared by EI Australia for Skillco Design and Construct "Detailed Site Investigation 1139 Victoria Road, West Ryde, NSW' Report E23365 Aboriginal_RevO, dated 15 June 2017, the land must be remediated to the extent necessary for the proposed use. No Construction Certificate is to be issued for any building construction work on the land until Council has confirmed in writing that it is satisfied that the land is suitable for the proposed use, without the need for further remediation. 46. Remediation work. Prior to the issue of the Construction Certificate, the land must be remediated to the extent necessary for the proposed use. No Construction Certificate is to be issued for any building construction work on the land until Council has confirmed in writing that it is satisfied that the land is suitable for the proposed use, without the need for further remediation. 47. Remediation Action Plan. Prior to the issue of the Construction Certificate, the Remedial Action Plan (RAP) must be prepared by an appropriately qualified consultant in accordance with the Guidelines for Consultants Reporting on Contaminated Sites (EPA, 1997) and shall document all the remedial works proposed to be undertaken at the subject site. A copy of the Remediation Action Plan (RAP) must be submitted to Council for Council's written approval, prior to the issue of the Construction Certificate. 48. The Remedial Action Plan shall incorporate the findings and recommendations of the detailed contamination report prepared by EI Australia for Skillco Design and Construct "Detailed Site Investigation 1139 Victoria Road, West Ryde, NSW' Report E23365 AB_RevO, dated 15 June 2017 and shall also include:
i. Requirements and procedures for waste classification to enable classification of site soils to be excavated for remediation purposes and disposed off site in accordance with the EPA (2014) Waste Classification Guidelines
ii. Provide an unexpected finds protocol for implementation during site excavation to ensure any potential contamination sources (eg soil staining, asbestos ) that may be identified are managed in accordance with the NSW EPA legislation and guidelines, and
iii. Provide a Sampling and Quality Analysis Plan (SAQP) for the validation of remedial activities performed on-site. The Remedial Action Plan and site Validation Report, shall be prepared with consideration to the proposed landscape plans prepared by Horticultural Resources Consulting Group titled "Landscape Concept Plan - Proposed Boarding House Development Lot 1, No. 1139 Victoria Road, West Ryde" Issue D, dated 25/04/2017, to assess the potential level of soil exposure to future occupants of the subject development. No Construction Certificate is to be issued for any building construction work on the land until Council has confirmed in writing that it is satisfied that the land is suitable for the proposed use, without the need for further remediation. 49. Validation Report.Prior to the issue of the Construction Certificate and after completion of all remediation works, a copy of the Validation and Monitoring Report prepared by a suitably qualified contaminated land consultant, in accordance with the Guidelines for Consultants Reporting on Contaminated Sites (EPA, 1997), shall be submitted to Council, for approval. The Validation Report shall certify the suitability of the site for the proposed development and the report shall include the following: i. describe and document all works performed; ii. include results of validation testing and monitoring; iii. include validation results of any fill imported on to the site; iv. consider the potential level of soil exposure to future occupants of the subject development v. show how the objectives of the Remedial Action Plan have been met; vi. show how all agreed clean-up criteria and relevant regulations have been complied with; and vii. include clear justification as to the suitability of the site for the proposed development and the potential for off-site migration of any residual contaminants. No Construction Certificate is to be issued for any building construction work on the land until Council has confirmed in writing that it is satisfied that the land is suitable for the proposed use, without the need for further remediation. 50. Notice of remediation work. Before commencing remediation work written notice must be submitted to Council in accordance with clause 16 of State Environmental Planning Policy No. 55 - Remediation of Land. 51. Remediation work. All remediation work must be carried out in accordance with the requirements of: i. State Environmental Planning Policy No. 55 - Remediation of Land; ii. any relevant guidelines published by the NSW Environment Protection Authority; and iii. any council policy or development control plan relating to the remediation of land. 52. Council may require site audit of validation report. If requested by Council, a site audit statement and a site audit summary report from an accredited site auditor under the Contaminated Land Management Act 1997 must be submitted to Council verifying the information contained in the site validation report. 53. Variation to Remedial works. - The applicant shall inform Council in writing of any proposed variation to the remediation works. Council, shall approve these variations in writing prior to commencement of works. 54. Remediation: Notice of Completion. - A notice of completion of remediation work on any land must be given to Council within 30 days of the completion work and must be submitted in the form and cover the details required by clause 17 (2) SEPP 55. 55. Identification and removal of hazardous materials. Prior to the demolition of any structures and the issue of a Construction Certificate for any Building Construction work, a suitably qualified and experienced Occupational Hygienist shall be engaged to undertake a Hazardous Materials Survey of all structures remaining on the subject site prior to any alteration or demolition and provide a demolition plan for the removal of such materials. The report identifying the hazardous materials, quantity and location along with the demolition management plan shall be submitted to Council prior to demolition of any structures. Once all hazardous material have been cleared from the site the Occupational Hygienist shall issue a Clearance Certificate which shall be submitted to Council. A waste management plan identifying the removal, transport and disposal of all relevant contaminated waste related to the hazardous materials survey, shall be submitted where applicable along with a copy of all tipping dockets verifying the disposal of such waste shall be included along with the Clearance Certificate. PRIOR TO COMMENCEMENT OF CONSTRUCTION Prior to the commencement of any demolition, excavation, or building work the following conditions in this Part of the Consent must be satisfied, and all relevant requirements complied with at all times during the operation of this consent. 56. Site Sign (a) A sign must be erected in a prominent position on site, prior to the commencement of construction: (i) showing the name, address and telephone number of the Principal Certifying Authority for the work, (ii) showing the name of the principal contractor (if any) or the person responsible for the works and a telephone number on which that person may be contacted outside working hours, and (iii) stating that unauthorised entry to the work site is prohibited. (b) Any such sign must be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. 57. Residential building work - insurance. In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. 58. Residential building work - provision of information. Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the PCA has given the Council written notice of the following information: (a) In the case of work for which a principal contractor is required to be appointed: (i) the name and licence number of the principal contractor; and (ii) the name of the insurer by which the work is insured under Part 6 of that Act. (b) In the case of work to be done by an owner-builder: (i) the name of the owner-builder; and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit. If any of the above arrangements are changed while the work is in progress so that the information notified under this condition becomes out of date, further work must not be carried out unless the PCA for the development to which the work relates has given the Council written notice of the updated information (if Council is not the PCA). 59. Excavation adjacent to adjoining land (a) If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation must, at their own expense, protect and support the adjoining premises from possible damage from the excavation, and where necessary, underpin the adjoining premises to prevent any such damage. (b) The applicant must give at least seven (7) days notice to the adjoining owner(s) prior to excavating. (c) An owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. 60. Safety fencing. The site must be fenced prior to the commencement of construction, and throughout demolition and/or excavation and must comply with WorkCover New South Wales requirements and be a minimum of 1.8m in height. 61. Project Arborist - A Project Arborist with minimum AQF level 5 qualifications is to be engaged to ensure adequate tree protection measures are put in place for all trees to be retained on neighbouring allotments. All trees are to be monitored to ensure adequate health throughout the construction period is maintained. Additionally, all work within the Tree Protection Zones is to be supervised throughout construction. Details of the Project Arborist are to be submitted to Council prior to the commencement of construction. Hold points and certification The Tree Protection Schedule provides a logical sequence of hold points for the various development stages including pre construction, construction and post construction. It also provides a checklist of various hold points that are to be signed and dated by the Project Arborist. This is to be completed progressively and included as part of the final certification. A copy of the final certification is to be made available to the City of Ryde Council on completion of the project. 62. Fencing. The proposed boundary fence (northern and western boundary) will result in a minor encroachment into the TPZ of Trees 1-17 and protective measures are recommended. Fence footings can be designed to span over roots to minimise the impact of root disturbance to a level that is considered acceptable. It is recommended that the Project Arborist be onsite during the installation of any fencing, to ensure compliance with the tree protection measures. 63. Stormwater management. The location of underground services and any onsite detention tanks is to be coordinated in consultation with the Project Arborist to minimise the potential impact on site trees. The location of pipes documented within the Storm Civil plans notes SW lines in close proximity to trees nominated for retention. It is recommended that the Project Arborist be onsite during the excavation of the trenches for the SW pipes, to ensure compliance with the tree protection measures. 64. Footpath Paving Construction. The applicant shall, at no cost to Council, construct standard concrete footpath paving across the frontage of the property. Levels of the footpath paving shall conform with levels issued by Council's Engineering Services Division. Environmental Health Conditions 65. Waste management plan - The waste management plan submitted with the development application does not meet the requirements of Section 7.2 of Council's Development Control Plan 2014. 66. Prior to work commencing a new waste management plan must be submitted to and approved by Council. The new plan must include the types and estimated volumes of waste materials that will be generated; the proposed method of reuse, recycling or disposal; and the name and address of the recycling facility or landfill site if the waste is to be recycled or disposed of off site. Reuse and recycling must be maximised. 67. Hazardous Materials Survey. The submission of a Hazardous Materials Survey Report by a suitably qualified and experienced Environmental Consultant or Occupational Hygienist, in respect of all structures on the subject site prior to any demolition or construction works. DURING CONSTRUCTION Unless otherwise specified, the following conditions in this Part of the consent must be complied with at all times during the construction period. Where applicable, the requirements under previous Parts of the consent must be implemented and maintained at all times during the construction period. 68. Critical stage inspections. The person having the benefit of this consent is required to notify the Principal Certifying Authority during construction to ensure that the critical stage inspections are undertaken, as required under clause 162A(4) of the Environmental Planning and Assessment Regulation 2000. 69. Survey of footings/walls. All footings and walls within 1 metre of a boundary must be set out by a registered surveyor. On commencement of brickwork or wall construction a survey and report must be prepared indicating the position of external walls in relation to the boundaries of the allotment. 70. Sediment/dust control. No sediment, dust, soil or similar material shall leave the site during construction work. 71. Use of fill/excavated material. Excavated material must not be reused on the property except as follows: (a) Fill is allowed under this consent; (b) The material constitutes Virgin Excavated Natural Material as defined in the Protection of the Environment Operations Act 1997; (c) The material is reused only to the extent that fill is allowed by the consent. 72. Construction materials. All materials associated with construction must be retained within the site. 73. Site Facilities The following facilities must be provided on the site: (a) Toilet facilities in accordance with WorkCover NSW requirements, at a ratio of one toilet per every 20 employees, and (b) A garbage receptacle for food scraps and papers, with a tight fitting lid. 74. Site maintenance The applicant must ensure that: (a) Approved sediment and erosion control measures are installed and maintained during the construction period; (b) Building materials and equipment are stored wholly within the work site unless an approval to store them elsewhere is held; (c) The site is clear of waste and debris at the completion of the works. 75. Work within public road. At all times work is being undertaken within a public road, adequate precautions shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in Australian Standard No. AS1742.3-1996 "Traffic Control Devices for Work on Roads". 76. Tree protection - no unauthorised removal. This consent does not authorise the removal of trees unless specifically permitted by a condition of this consent or identified as approved for removal on the stamped plans. 77. Tree protection - during construction. Trees that are shown on the approved plans as being retained must be protected against damage during construction. 78. Tree works - Australian Standards. Any works approved by this consent to trees must be carried out in accordance with all relevant Australian Standards. 79. Tree works - arborist supervision. A Consultant Arborist must be appointed to oversee all works, including demolition and construction, in relation to the trees identified for retention on the site. 80. Arborist details. Council is to be notified, in writing, of the name, contact details and qualifications of the Project Arborist appointed to the site. Should these details change during the course of works, or the appointed Project Arborist alter, Council is to be notified, in writing, within seven working days. 81. Drop-edge beams. Perimeters of slabs are not to be visible and are to have face brickwork from the natural ground level. Engineering Conditions 82. Erosion and Sediment Control Plan - Implementation. The applicant shall install erosion and sediment control measures in accordance with the Construction Certificate approved Soil Erosion and Sediment Control (ESCP) plan at the commencement of works on the site. Erosion control management procedures in accordance with the manual "Managing Urban Stormwater: Soils and Construction" by the NSW Department - Office of Environment and Heritage, must be practiced at all times throughout the construction. 83. Stormwater Management - Construction. The stormwater drainage system on the site must be constructed in accordance with the Construction Certificate version of the Stormwater Management Plan by Storm Civil Consulting Engineers Pty Ltd. (Refer to Job No. 110294 Dwgs D1 & D2 Iss. A dated 22 April 2015) submitted in compliance to the condition labelled "Stormwater Management." and the requirements of Council in connection to the trunk drainage system Environmental Health Conditions 84. Remediation Results Monitoring Results.During remediation works the results of the monitoring of any field parameters such as soil, groundwater, surface water, dust or noise measurements shall be made available to Council Officers on request throughout the remediation works. 85. Discovery of Additional Information - Council and the Principal Certifying Authority (if Council is not the RCA) must be notified as soon as practicable if any information is discovered during demolition or construction work that has the potential to alter previous conclusions about site contamination. 86. Identification and removal of hazardous materials - Any hazardous materials, including asbestos, must be identified before demolition work commences and be removed in a safe manner. An appropriately licensed contractor shall be engaged for the removal of friable asbestos or asbestos containing material greater than 10m2 and Work Cover appropriately notified. 87. Removal of underground storage tanks. The removal of the underground storage tanks must be carried out in accordance with: (a) Australian Standard AS 4976-2008: The removal and disposal of underground petroleum storage tanks; and (b) The Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014. 88. Contaminated soil. All potentially contaminated soil excavated during demolition or construction work must be stockpiled in a secure area and be assessed and classified in accordance with the Waste Classification Guidelines (DECCW, 2009) before being transported from the site. 89. Imported fill - All imported fill must be validated in accordance with the Contaminated Sites Sampling Design Guidelines (EPA, 1995) by an experienced environmental consultant, and a copy of the validation report must be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) before the fill is used. 90. Imported Soil for Garden Bed Construction - All soil used to construct garden beds shall be meet the provisional phytotoxicity based investigation levels specified in the NSW Department of Environment and Conservation Guidelines for the NSW Site Auditor Scheme. This can be achieved by importing soil suitable for garden bed construction or validating soil remaining on site to demonstrate it is suitable for garden beds. 91. The soil used in the construction of all residential garden beds on the proposed development site shall be suitable for "residential premises with substantial vegetable gardens and/or poultry OR a more sensitive land use" to ensure the ongoing public health and safety to the occupants of the premises. 92. Construction requirements - All acoustical treatments nominated in the acoustical assessment report prepared by BGMA Pty Ltd Consulting Acoustical Engineers "Boarding House Development 1139 Victoria Road West Ryde, BGMA 150715A" dated 23 July 2015 and any related project documentation must be implemented during construction. PRIOR TO OCCUPATION CERTIFICATE An Occupation Certificate must be obtained from a Principal Certifying Authority prior to commencement of occupation of any part of the development, or prior to the commencement of a change of use of a building. Prior to issue, the Principal Certifying Authority must ensure that all works are completed in compliance with the approved construction certificate plans and all conditions of this Development Consent. Unless an alternative approval authority is specified (eg Council or government agency), the Principal Certifying Authority is responsible for determining compliance with conditions in this Part of the consent. Details to demonstrate compliance with all conditions, including plans, documentation, or other written evidence must be submitted to the Principal Certifying Authority. 93. BASIX. The submission of documentary evidence of compliance with all commitments listed in the BASIX Certificate(s) for this development. 94. Landscaping. All landscaping works approved by condition 1 are to be completed prior to the issue of the final Occupation Certificate. 95. Fire safety matters. At the completion of all works, a Fire Safety Certificate must be prepared, which references all the Essential Fire Safety Measures applicable and the relative standards of Performance (as per Schedule of Fire Safety Measures). This certificate must be prominently displayed in the building and copies must be sent to Council and the NSW Fire Brigade. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of the Interim/Final Occupation Certificate. Each year the Owners must send to the Council and the NSW Fire Brigade an annual Fire Safety Statement which confirms that all the Essential Fire Safety Measures continue to perform to the original design standard. 96. Sydney Water - Section 73. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance. Following application a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer infrastructure can be time consuming and may impact on other services and building, driveway or landscape design. Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate. 97. Letterboxes and street/house numbering. All letterboxes and house numbering are to be designed and constructed to be accessible from the public way. Council must be contacted in relation to any specific requirements for street numbering. Engineering Conditions 98. Stormwater Management - Work-as-Executed Plan. A Work-as-Executed plan (WAE) of the as constructed Stormwater Management System must be submitted with the application for an Occupation Certificate. The WAE must be prepared and certified (signed and dated) by a Registered Surveyor and is to clearly show the constructed stormwater drainage system (including any onsite detention, pump/ sump, charged/ siphonic and onsite disposal/ absorption system) and finished surface levels which convey stormwater runoff. 99. Stormwater Management - Positive Covenant(s). A Positive Covenant must be created on the property title(s) pursuant to the relevant section of the Conveyancing Act (1919), providing for the ongoing maintenance of the onsite detention components incorporated in the approved Stormwater Management system. This is to ensure that the drainage system will be maintained and operate as approved throughout the life of the development, by the owner of the site(s). The terms of the instrument are to be in accordance with the Council's terms for these systems as specified in City of Ryde DCP 2014 - Part 8.4 (Title Encumbrances) - Section 7, and to the satisfaction of Council, and are to be registered on the title prior to the release of the Occupation Certificate for that title. Note that completed WAE plans as well as certification of the completed stormwater management system must be provided with the application, prior to it being endorsed by Council. 100. Compliance Certificates - Engineering. To ensure that all engineering facets of the development have been designed and constructed to the appropriate standards, Compliance Certificates must be obtained for the following items and are to be submitted to the Accredited Certifier prior to the release of any Occupation Certificate. All certification must be issued by a qualified and practising civil engineer having experience in the area respective of the certification unless stated otherwise. (a) Confirming that all components of the parking areas contained inside the site comply with the relevant components of AS 2890 and the City of Ryde DCP 2014, Part 9.3 "Car Parking". (b) Confirming that the Stormwater Management system (including any constructed ancillary components such as onsite detention) servicing the development complies with the City of Ryde DCP 2014 Part 8.2 (Stormwater and Floodplain Management) and associated annexures, and has been constructed to function in accordance with all conditions of this consent relating to the discharge of stormwater from the site. (c) Confirming that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including any on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris. (d) Confirming that the connection of the site drainage system to the trunk drainage system complies with Section 4.7 of AS 3500.3 - 2003 (National Plumbing and Drainage Code), the relevant sections of the Council's DCP 2014 Part 8.2 (Stormwater and Floodplain Management) and associated annexures and any requirements of Council pending on site conditions. (e) Confirming that erosion and sediment control measures were implemented during the course of construction and were in accordance with the manual "Managing Urban Stormwater: Soils and Construction" by the NSW Department - Office of Environment and Heritage and the City of Ryde DCP 2014, Part 8.1 "Construction Activities". (f) Compliance certificate from Council confirming that all external works in the public road reserve have been completed to Council's satisfaction. 101. On-Site Stormwater Detention System - Marker Plate. To ensure the constructed On-site detention will not be modified, a marker plate is to be fixed to each on-site detention system constructed on the site. The plate construction, wordings and installation shall be in accordance with City of Ryde DCP 2014 Part 8.2 (Stormwater and Floodplain Management) and associated annexures. The plate may be purchased from Council's Customer Service Centre at Ryde Civic Centre (Devlin Street, Ryde). Environmental Health Conditions 102. Compliance report - A report from a qualified acoustical consultant demonstrating compliance with the relevant noise and vibration criteria nominated in the report prepared by BGMA Pty Ltd Consulting Acoustical Engineers "Boarding House Development 1139 Victoria Road West Ryde, BGMA 150715A" dated 23 July 2015 must be submitted to the Principal Certifying Authority (PCA) before the issue of an Occupation Certificate. Note: Where Council is not the PCA, a copy of the compliance report shall be submitted to Council. 103. Compliance report - A report from a qualified Air quality consultant demonstrating compliance with the relevant emission and pollutants criteria nominated in the report prepared by SLR Consulting Australia Pty Ltd, Ref:610.15561 AQA 20150817.docx, dated 17/08/15 must be submitted to the Principal Certifying Authority (PCA) before the issue of an Occupation Certificate. Note: Where Council is not the PCA, a copy of the compliance report shall be submitted to Council. 104. Laundry facilities. The internal communal laundry facilities shall include the following facilities: i. one tub and one washing machine per ten rooms with a minimum WELS rating of 4 stars on the washing machines. Hot and Cold water shall be supplied to all washing machines and tubs/sinks; and ii. internal clothes drying facilities be provided at a rate of one dryer per ten rooms with a minimum energy star rating of 4 stars ( and rated no less than one star below the maximum available energy star rating available at the time of installation) 105. Kitchen facilities - The communal kitchen facilities must include: (a) A minimum of one sink per six occupants with hot and cold running water provided to the sink, (b) One stove top cooker per 6 occupants with adequate ventilation, (c) One oven per 12 occupants (d) A refrigerator with storage space of 0.13m3 per person unless one bar fridge is provided in each bedroom, (e) One freezer with storage space of 0.05m3 per occupant, storage for dry goods of 0.03m3 per person and exhaust ventilation, (f) A lockable drawer or cupboards for food storage shall be provided in the kitchen per guest. 106. Registration of premises. The operator of the business must register the premises with Council's Environment Health & Building Unit before trading commences. A copy of the notification form can be obtained from Council. OPERATIONAL CONDITIONS The conditions in this Part of the consent relate to the on-going operation of the development and shall be complied with at all times. 107. Plan of Management. The operation of the approved Boarding House shall fully comply with the approved Plan of Management dated 23 August 2017 (see copy attached to these conditions of consent). 108. No persons other than registered boarders who have signed a boarding lease for a minimum of 3 months shall live (or sleep) at the premises. 109. The occupancy rates identified in the approved Plan of Management shall be strictly enforced by the manager. 110. Use of Communal Outdoor Areas (a) The use of the communal outdoor areas the boarding house are restricted to the hours stipulated within the approved plan of management as detailed within Condition 1 of this consent being 6am to 10pm Monday to Saturday and 8am - 10pm on Sundays and Public Holidays (b) No loud or amplified music is to be played at any time within the communal outdoor areas, (c) The use of the communal areas must be according to the House Rules contained within the approved Plan of Management as detailed within Condition 1 of this consent. 111. Boarding House Management. The name and contact details of the manager or managing agent is to be displayed at all times externally at the front entrance on the boarding house. Additionally, occupiers of all adjacent properties are to be provided with a 24 hour telephone number for a principal contact (for example owner or manager) for use in the event of an emergency. 112. Standards for places of shared accommodation. The premises must comply with the requirements of the: i. Standards for places of shared accommodation under the Local Government (General) Regulation 2005 - Schedule 2 - Orders ; and ii. Boarding Houses Act 2012 and Boarding Houses Regulation 2013 113. Storage and disposal of wastes - All wastes generated on the premises must be stored and disposed of in an environmentally acceptable manner. 114. Waste containers - An adequate number of suitable waste containers must be kept on the premises for the storage of garbage and trade waste. 115. Recyclable wastes - Wastes for recycling must be stored in separate bins or containers and be transported to a facility where the wastes will be recycled or re-used. 116. Hazardous wastes - All wastes classified as hazardous wastes under the Protection of the Environment Operations Act 1997 must be transported to an appropriately licensed waste facility for disposal. 117. Transfer of waste containers to emptying point - Staff or contractors must be employed to take the waste containers from the garbage room or waste storage area to the container emptying point for servicing and to return the containers to the garbage room or waste storage area after servicing. 118. Disposal of liquid wastes - All liquid wastes generated on the premises must be treated and discharged to the sewerage system in accordance with the requirements of Sydney Water Corporation or be transported to a liquid waste facility for recycling or disposal. 119. Maintenance of waste storage areas - All waste storage areas must be maintained in a clean and tidy condition at all times. 120. Standards of air impurities not to be exceeded - Any discharge to atmosphere from the premises must comply with the requirements of the Protection of the Environment Operations (Clean Air) Regulation 2010. 121. Maintenance of waste storage areas - All waste storage areas must be maintained in a clean and tidy condition at all times. 122. Offensive noise - The use of the premises must not cause the emission of 'offensive noise' as defined in the Protection of the Environment Operations Act 1997. 123. Noise and vibration from plant or equipment - Unless otherwise provided in this Consent, the operation of any plant or equipment installed on the premises must not cause: (a) The emission of noise that exceeds the background noise level by more than 5dBA when measured at, or computed for, the most affected point, on or within the boundary of the most affected receiver. Modifying factor corrections must be applied for tonal, impulsive, low frequency or intermittent noise in accordance with the New South Wales Industrial Noise Policy (EPA, 2000). (b) An internal noise level in any adjoining occupancy that exceeds the recommended design sound levels specified in Australian/New Zealand Standard AS/NZS 2107:2000 Acoustics - Recommended design sound levels and reverberation times for building interiors. (c) The transmission of vibration to any place of different occupancy. 124. Notification of boarding house details. The proprietor of the Boarding House shall notify the particulars of the Boarding House to the Department of Fair Trading, in accordance with the Boarding Houses Act 2012 and subsequent Regulations. A copy of the Notification and particulars which were submitted to the NSW Department of Fair Trading, shall also be submitted to Council. 125. Public Health: The premises shall be maintained in accordance with the requirements of the Public Health Regulation 2012. 126. Standards for places of shared accommodation - The premises must comply with the Boarding House Act 2012, Boarding House Regulation 2013 and the standards for places of shared accommodation under the Local Government (General) Regulation 2005. The maximum number of lodgers shall not exceed the requirements of Local Government (General) Regulation 2005. • A sign indicating the permissible maximum length of time during which a person may board or lodge in the premises must be conspicuously displayed to public view outside the premises. • A schedule showing the numeral designating each bedroom and dormitory and the number of persons permitted to be accommodated in each must be conspicuously displayed on the premises. • Each bedroom must be numbered in accordance with the schedule and there must be displayed clearly on the door of or in each bedroom the maximum number of persons allowed to be accommodated in the bedroom. A copy of this schedule shall be provided to Council. 127. Adequate light and ventilation must be maintained in the premises. 128. Any kitchen facilities and utensils for the storage or preparation of food must be kept in a clean and healthy condition, in good repair, free from foul odours and, as far as practicable, free from dust, flies, insects and vermin. 129. The floor of any kitchen must have an approved impervious surface. 130. All parts of the premises and all appurtenances (including furniture, fittings, bedsteads, beds and bed linen) must be kept in a clean and healthy condition, and free from vermin. 131. Pans, receptacles or other waste storage devices must be kept covered and all waste must be deposited in appropriate pans, receptacles or other waste storage devices. 132. The furniture and fittings as detailed in the approved Plan of Management must be provided and maintained in good repair. 133. If the place is one in which persons may board or lodge for 7 days or longer, an adequate number of beds (each provided with a mattress and pillow and an adequate supply of clean blankets or equivalent bed clothing), adequate storage space and blinds, curtains or similar devices to screen bedroom and dormitory windows for privacy must be provided for the occupants. 134. House Rules - A copy of the 'House Rules' contained within the approved Plan of Management must be clearly displayed within the main entry area and all communal areas to ensure all occupants are aware of the house rules. ADVISORY NOTES Health Inspection Services: 135. Inspections and fees - Council officers may carry out periodic inspections of the premises to ensure compliance with relevant environmental health standards and Council may charge an approved fee for this service in accordance with Section 608 of the Local Government Act 1993. The approved fees are contained in Council's Management Plan and may be viewed or downloaded at www.ryde.nsw.gov.au. End of consent
Amendments 15 August 2017 - Judgment entered as Land and Environment Court - Commissioners in error. 28 August 2017 - Orders made in chambers after provision of Amended Plans (Annexure A) and Amended Final Conditions of Consent (Annexure B) in accordance with Directions (1) and (2) of the judgment. 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. Decision last updated: 28 August 2017
Mawad Investments Pty Limited
Council of City of Ryde