Mirvac Homes (NSW) Pty Limited v Parramatta City Council

Mirvac Homes (NSW) Pty Limited v Parramatta City Council - [2000] NSWLEC 142 - NSWLEC 1998 case summary — Zoe

[20]

The consent in each case will be modified by deleting Condition 1 and by substituting new Condition 1 as follows: 1. This consent relates to the following plans: [identified plans], together with any further wholly internal minor modifications as may be necessary for the purpose of compliance with the Building Code of Australia and any Australian Standards incorporated in the code. Orders:
The orders are as follows: No. 10320 of 1999: Pursuant to the provisions of section 96(2) of the Environmental Planning and Assessment Act 1979, the development consent granted by the Court on 25 October 1999 is modified by deleting condition 1 and inserting the following new condition 1 in its place: 1. This consent relates to the following plans: DA1-01, DA1-02 and DA1-03 Revision C, DA1-04 Revision D, DA1-05, DA1-06, DA1-07, DA1-08, DA1-09 and DA1-10 Revision C, DA1-10A, DA1-10B, DA1-11, DA1-12 and DA1-13 Revision D, DA1-14, DA-15, DA1-16 and DA1-17 Revision C, together with any wholly internal minor modifications as may be necessary for the purpose of compliance with the Building Code of Australia and any Australian Standards incorporated in the code. No. 10369 of 1999 : Pursuant to the provisions of section 96(2) of the Environmental Planning and Assessment Act 1979, the development consent granted by the Court on 25 October 1999 is modified by deleting condition 1 and inserting the following new condition 1 in its place: 1. This consent relates to the following plans: DA-3-B, DA3-01-B, DA3-02-B,DA3-03-B, DA3-04-B, DA3-05-B, DA3-07-B DATED 15 May 1999 and 23 June 1999, together with any wholly internal minor modifications as may be necessary for the purpose of compliance with the Building Code of Australia and any Australian Standards incorporated in the code. No. 10370 of 1999: Pursuant to the provisions of section 96(2) of the Environmental Planning and Assessment Act 1979, the development consent granted by the Court on 25 October 1999 is modified by deleting condition 1 and inserting the following new condition 1 in its place: 1. This consent relates to the following plans: DA-2-B, DA2-01-B, DA2-02-B, DA2-03-B, DA2-04-B, DA2-05-B, DA2-06-B, DA2-7-B, DA2-08-B, DA2-09-B, DA2-10-B, DA2-11-B, DA2-12-B, DA2-13-B, DA2-14-B, dated 15 May 1999 and 23 June 1999, together with any wholly internal minor modifications as may be necessary for the purpose of compliance with the Building Code of Australia and any Australian Standards incorporated in the code. The exhibits, other than Exhibits A and B may be returned.

[24]

(6) Note 6: Plans or drawings describing the proposed development must indicate (where relevant): (a) the location of proposed new buildings or works (including extension or additions to existing buildings or works) in relation to the land's boundaries and adjoining development (b) floor plans of proposed buildings showing layout, partitioning, room sizes and intended uses of each part of the building (c) elevations and sections showing proposed external finishes and height (d) proposed finished levels of the land in relation to buildings and roads (e) building perspective, where necessary to illustrate the proposed building (f) proposed parking arrangement, entry and exit points for vehicles, and provision for movement of vehicles within the site ( including dimensions where appropriate) (g) proposed landscaping and treatment of the land ( indication plant types and their height and maturity) (h) proposed methods of draining the land. (7) Note 1: The following information must accompany applications for a construction certificate for building and subdivision work. Building Work In the case of an application for a construction certificate for building work: (a) copies of compliance certificates relied upon (b) (4) copies of detailed plans and specifications The plan for the building must be drawn to a suitable scale and consist of general plan and a block plan. The general plan of the building is to: · show a plan of each elevation of the building · show a plan of each elevation of the building · show the levels of the lowest floor and of any yard or unbuilt on area belonging to that floor and the levels of the adjacent ground · indicate the height, design, construction and provision for fire safety and fire resistance (if any) Where the proposed building work involves any alteration or addition to, or rebuilding of, an existing building the general plan is to be coloured or otherwise marked to the satisfaction of the certifying authority to adequately distinguish the proposed alteration, addition or rebuilding.

[25]

Where the proposed building work involves a modification to previously approved plans and specifications the general plans must be coloured or otherwise marked to the satisfaction of the certifying authority to adequately distinguish the modification. The specification is: · to describe the construction and materials of which the building is to be built and the method of drainage and water supply. · state whether the materials proposed to be used are new or second hand and give particulars of any second-hand materials to be used. (c) where the application involves an alternative solution to meet the performance requirements of the BCA, the application must also be accompanied by: · details of the performance requirements that the alternative solution is intended to meet, and · details of the assessment methods used to establish compliance with those performance requirements (d) evidence of any accredited component, process or design sought to be relied upon (e) except in the case of an application for, or in respect of, a class 1a or class 10 building: · a list of any fire safety measures that are proposed to be implemented in the building or on the land on which the building is situated, and · if the application related to a proposal to carry out any alteration or rebuilding of, or addition to, an existing building, a separate list of such of those measures are currently implemented in the building or on the land on which the building is situated. The list must describe the extent, capability and basis of design of each of the measures concerned. (8) 79G(1) A certifying authority must not issue a construction certificate for building work unless it is satisfied of the following matter: (a) that the design and construction of the building (as depicted in the plans and specifications and as described in any other information furnished to the certifying authority under clause 79B) are not inconsistent with the development consent.... (9) 80(1) General A consent authority is to determine a development application by: (a) granting consent to the application, either unconditionally or subject to conditions, or (b) refusing consent to the application. (10) 81A(2) The erection of a building in accordance with a development consent must not be commenced until: (a) a construction certificate for the building work has been issued by (i) the consent authority, or (ii) an accredited certifier, and (b) the person having the benefit of the development consent: (i) has appointed a principal certifying authority, and (ii) has notified the consent authority and the council (if the council is not the consent authority) of the appointment, and (c) the person having the benefit of the development consent has given at least 2 days' notice to the council of the person's intention to commence the erection of the building. (11) 81A(2) The erection of a building in accordance with a development consent must not be commenced until: (a) detailed plans and specifications of the building have been endorsed with a construction certificate by: (i) the consent authority, or (ii) an accredited certifier, and ... (12) 48A(1) A development application may be amended or varied by the applicant (but only with the agreement of the consent authority) at any time before the application is determined.

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