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[2004] NSWLEC 382
Land and Environment Court (NSW)
2004-06-11
Original judgment source is linked above.
The applicant is advised that Council policy prohibits the use of organochlorin pesticides as termite barriers in new development. Rather in accordance with Australian Standard 3660: Protection of building from subterranean termite - Prevention, detection and treatment of infestation, physical barriers are to be used.
Where building works or alternations involve the building/demolition an/or removal of materials compromising asbestos-cement or red lead, such work shall be undertaken in a manner that complies with practices approved by the NSW Work Cover Authority. This action will contribute to the reduction of asbestos related disease.
Hazardous or intractable wasted arising from demolition process shall be removed and disposed of in accordance with the requirements of WorkCover and EPA and with the provisions of: o New South Wales Occupational Health and Safely 'Act, 1983; o New South Wales Construction Safety Act 1912; regualti9n 8A-J Construction Work Involving Asbestos or Asbestos Cement 1983, o The Occupational Health & Safety (Hazardous Substances)Regulation 1996; o The Occupational Health & Safety (Asbestos Removal Work) Regulation 1996; and o Environmental Offences and Penalties Act, 1997.
Intruder alarms shall be fitted with a timing device in accordance with the requirements of the Environmental Operations Act, 1997 and relevant regulations and Australian Standard AS 2201, Parts 1 and 2 - 1978, Intruder Alarm Systems.
Stockpiles of topsoil, sand, affregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.
Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system
Any new information which comes to light during redemption, demolition or construction works which has potential to alter previous conclusions about site contamination, shall be notified to the Council and the PCA immediately.
The existing underground stormwater pipe which conveys roofwater from the adjoining semi-detached dwelling is to be relocated (due to the new driveway) and re-connected to the street gutter, at the applicant's expense, in accordance with the requirements of Council's Manager of Infrastructure.
J S Murrell Commissioner of the Court mp/rs
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.
Ryan
Waverley Council
CITATION : Ryan v Waverley Council [2004] NSWLEC 382 revised - 24/08/2004 APPLICANT Alan Ryan PARTIES : RESPONDENT Waverley Council FILE NUMBER(S) : 11476 of 2003 CORAM: Murrell C KEY ISSUES: Development Application :- Garage - impact on streetscape and adjoining properties LEGISLATION CITED: CASES CITED: Environmental Planning and Assessment Act; Waverley Local Environmental Plan DATES OF HEARING: 25/05/2004 EX TEMPORE 06/11/2004 JUDGMENT DATE :