Stathakis v Woollahra Municipal Council [2010] NSWLEC 1324 | Case summary

Land and Environment Court (NSW)|2010-10-19|Before: Mr J, Mr P

The applicant must submit to the Certifying Authority BASIX Certificate No. 194096M with any application for a Construction Certificate .

Note : Where there is any proposed change in the BASIX commitments the applicant must submit of a new BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation ) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.

All commitments in the BASIX Certificate must be shown on the Construc tion Certificate plans and specifications prior to the issue of any Construction Certificate .

Note : Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires," Standard Condition: C7

C.4 Road and Public Domain Works - Council approval required This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit.

Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage) within existing roads, must be submitted to Council's Development Engineer and approved by Council under the Roads Act 1993, before the issue of any Construction Certificate . To accommodate this requirement, the following infrastructure works must be carried out on Council property at the Applicants expense: Road & Footpath o Full width vehicular crossings having a width of 3.5m including new layback and gutter in accordance with Council's standard drawing RF2. o Removal and replacement of the existing footpath with approved pavers for the full width of the property in accordance with Council's standard drawing RF3. o Removal of all driveway crossings and kerb laybacks which will be no longer required and replacement with standard K&G in accordance with Council's standard drawing RF3 o Reinstatement of footpath, kerb and gutter to match existing. Drainage * Connection to the existing Council pit at the northern side of the property.. * The developer shall be responsible for carrying out any service investigations to allow a gravity connection.

Bond o A bond of $26,500 will be used as security to ensure the satisfactory completion of the infrastructure works. The security or bank guarantee must be the original and not have an expiry date. o Council may use all or part of the Infrastructure Bond as well as the Property Damage Security Deposit to meet the cost of removing or completing the works if they do not meet Council's requirements. o The Bond may also be used as contribution to paving works if they cannot be completed prior to occupation o The Deposit/Bond will not be released until Council has inspected the site and is satisfied that the Works have been completed in accordance with Council approved drawings and to Council requirements An "Application to carry out works in a Public Road" form (available from Councils web-site http://www.woollahra.nsw.gov.au ) must be completed and lodged, with the Application fee, at Councils Customer Services counter. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following: * Engineering drawings (plan, sections and elevation views) and specifications of the footpath, driveways, kerb & gutter, pits etc showing clearly the connection point of site outlet pipe(s The design of the works must be in accordance with Council's Draft Stormwater Drainage Management DCP (Draft Version 1, Public Exhibition Copy dated 23/08/2004) available from Council's website www.woollahra.nsw.gov.au . Four weeks should be allowed for assessment.

Access levels and grades to and within the development must match access levels and grades within the road approved under the Roads Act 1993.

All public domain design and construction works must comply with Council's " Specification for Roadworks, Drainage and Miscellaneous Works " dated January 2003 unless expressly provided otherwise by these conditions. This specification can be downloaded from www.woollahra.nsw.gov.au .

Note: To ensure that this work is completed to Council's satisfaction, this consent by separate condition, may impose one or more Infrastructure Works Bonds.

Note : F our (4) weeks is to be allowed for the Roads Act assessment

Note : Road has the same meaning as in the Roads Act 1993.

Note : The intent of this condition is that the design of the road, footpaths, driveway crossings and public stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate . Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent. Standard Condition: C13

C.5 Waste Storage - Residential Units (up to 4 units)

The Construction Certificate plans and specifications required by Clause 139 of the Regulation, must make provision for:

a) The storage of waste and recycling bins behind the building line or within non-habitable areas of the building as close as possible to the service road collection point, b) A path for wheeling bins between the waste and recycling storage area and the collection point free of steps and kerbs and having a maximum grade of 1:8. Standard Condition: C16

The Construction Certificate plans and specifications, required by clause 139 of the Regulation , must demonstrate that all utility services (telecommunications, electricity, gas, water and waste water) will be provided underground. All service ducts, pipes and conduits must be provided within the fabric of the building (excluding stormwater down pipes).

Where telecommunications and electricity are provided from existing poles in the road they must, in accordance with the relevant suppliers' requirements, be carried to the site underground directly to the main switch board within the fabric of the building.

Note : Where adequate provision has not been made for an electrical sub-station within the building, this may necessitate the lodgement of an application to amend this consent under section 96 of the Act to detail the location, landscape/streetscape impacts and compliance with AS2890 as applicable.

The location of service poles and substations required by the relevant suppliers must be shown upon the plans submitted with any Construction Certificate application together with a letter from each relevant supplier setting out their requirements. Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building unless expressly shown upon the approved DA plans. Details confirming compliance with this condition must be shown on the Construction Certificate plans and/or detailed within the Construction Certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on the Construction Certificate plans.

Note : The intent of this condition is that the design quality of the development must not be compromised by cables, pipes, conduits, ducts, plant, equipment, electricity substations or the like placed such that they are visible from any adjoining public place. They must be contained within the building unless shown otherwise by the approved development consent plans.

The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where they are not found by inspection to be UPVC or copper with continuously welded joints.

Note : This condition has been imposed to ensure that where private sewer pipes are old, may leak or may be subject to root invasion (whether from existing or proposed private or public landscaping) that existing cast iron, concrete, earthenware or terracotta pipes be replaced with new UPVC or copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main, such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe and unhealthy conditions which must be remedied in the public interest Standard Condition: C20

C.7 Soil and Water Management Plan - Submission & Approval

The principal contractor or owner builder must submit to the Certifying Authority a soil and water management plan complying with:

a. " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and b. " Managing Urban Stormwater - Soils and Construction " published by the NSW Department of Housing 4th Edition" ( 'The Blue Book' ).

Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate .

Note : This condition has been imposed to eliminate potential water pollution and dust nuisance.

Note : The International Erosion Control Association - Australasia http://www.austieca.com.au/ lists consultant experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these plans.

Note : The " Do it Right On Site, Soil and Water Management for the Construction Industry " publications can be down loaded free of charge from http://www.woollahra.nsw.gov.au/ .

Note : Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this matter. Standard Condition: C25

C.8 Tree Management Details The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information;

a. trees to be numbered in accordance with these conditions, b. shaded green where required to be protected and retained, c. shaded yellow where required to be transplanted, d. shaded blue where required to be pruned, e. shaded red where authorised to be removed and, f. references to applicable tree management plan, arborists report, transplant method statement or bush regeneration management plan. Standard Condition: C30

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include detailed professional engineering plans and/or specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation. Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate .

Note: This does not affect the right of the developer to seek staged Construction Certificates. Standard Condition: C36

C.10 Geotechnical and Hydrogeological Design, Certification & Monitoring

The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to:

a) Provide appropriate support and retention to ensure there will be no ground settlement or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure. b) Provide appropriate support and retention to ensure there will be no adverse impact on surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater). c) Provide foundation tanking prior to excavation such that any temporary changes to the groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time. d) Provide tanking of all below ground structures to prevent the entry of all ground water such that they are fully tanked and no on-going dewatering of the site is required. e) Provide a Geotechnical and Hydrogeological Monitoring Program that: - Will detect any settlement associated with temporary and permanent works and structures; - Will detect deflection or movement of temporary and permanent retaining structures (foundation walls, shoring bracing or the like); - Will detect vibration in accordance with AS 2187.2-1993 Appendix J including acceptable velocity of vibration (peak particle velocity); - Will detect groundwater changes calibrated against natural groundwater variations; - Details the location and type of monitoring systems to be utilised; - Details the preset acceptable limits for peak particle velocity and ground water fluctuations; - Details recommended hold points to allow for the inspection and certification of geotechnical and hydro-geological measures by the professional engineer; and; - Details a contingency plan. Standard Condition: C40

C.11 Stormwater Management Plan (site >500m²) The Construction Certificate plans and specifications, required by clause 139 of the Regulation , must include a Stormwater Management Plan for the site.

a. general design in accordance with Brian O'Mara & Partners drawings STW-01 - STW-04 dated 15 May 2008 other than amended by this and other conditions; b. pumps are only permitted to remove water that enters the carpark from the driveway surface and water reuse. The pumping of subsurface or groundwater is not permitted. c. the discharge of stormwater, by direct connection, to Councils stormwater drainage pit adjacent to the development in Military Road; d. compliance the objectives and performance requirements of the BCA; e. any rainwater tank required by BASIX commitments including their overflow connection to the Stormwater Drainage System , and f. general compliance with the Council's draft Development Control Plan Stormwater Drainage Management (draft version 1, public exhibition copy dated 23 August 2004), and g. on-site stormwater detention ("OSD').

The minimum (OSD) Site Storage Requirements ("SSR") and the Peak Site Discharge ("PSD") from the site must be in accordance with the following minimum storage/discharge relationships based upon a 1000m 2 site area:

Average Reoccurrence Interval PSD L/s Minimum Site Storage Requirement (SSR) m³ 2 year 23.5 L/s 4m³ 25m³ - Dwelling House 100 year 34 L/s 27m³ - Residential Flat Building 29m³ - Other Development All values based on per 1000m² site area (interpolate to site area).

Where a rainwater tank is proposed in conjunction with OSD, the volume of the rainwater tank may contribute to the SSR as follows: o Where the rainwater tank is used for external uses only, 40% of the rainwater tank volume to a maximum of 4m³ , or o Where the rainwater tank is used for external and internal uses, 75% of the rainwater tank volume to a maximum of 7.5m³.

Example : The Site Storage Requirements may be 25,000 litres and a 10,000 litre rainwater tank is to be used for garden irrigation. Therefore, the rainwater tank contributes 4,000 litres toward SSR. Therefore, the OSD tank needs to be 21,000 litres (25,000 litres less the 4,000 litres allowance). Note: 1m³ = 1,000 litres.

The Stormwater Management Plan must include the following specific requirements: Layout plan

A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof.

It must include: o All pipe layouts, dimensions, grades, lengths and material specification, o Location of On-Site Detention, o All invert levels reduced to Australian Height Datum (AHD), o Location and dimensions of all drainage pits, o Point and method of connection to Councils drainage infrastructure, and o Overland flow paths over impervious areas. On-site Detention (OSD) details : o Any potential conflict between existing and proposed trees and vegetation, o Internal dimensions and volume of the proposed detention storage, o Diameter of the outlet to the proposed detention storage basin, o Plans, elevations and sections showing the detention storage basin invert level, centre-line level of outlet, top water level, finished surface level and adjacent structures, o Details of access and maintenance facilities, o Construction and structural details of all tanks and pits and/or manufacturer's specifications for proprietary products, o Details of the emergency overland flow-path (to an approved Council drainage point) in the event of a blockage to the on-site detention system, o Non-removable fixing details for orifice plates where used,

Copies of certificates of title, showing the creation of private easements to drain water by gravity, if required.

Subsoil Drainage - Subsoil drainage details, clean out points, discharge point.

Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable manner. Standard Condition: C.51 (Autotext CC51)

D. Conditions which must be satisfied prior to the commencement of any development work

D.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:

a) that the work must be carried out in accordance with the requirements of the Building Code of Australia, b) 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.

a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), b) to the erection of a temporary building.

In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made. Note : This condition must be satisfied prior to commencement of any work in relation to the contract of insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the Building Code of Australia. Standard Condition: D1

Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely "zone of influence" of any excavation, dewatering and/or construction induced vibration.

These properties must include (but is not limited to):

a) 11 Military Road b) 7 Military Road, c) 3 Military Road, d) 6 Gap Road e) 7 Gap Road, and f) 7 A Gap Road.

The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work .

Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work. Standard Condition: D4 (Autotext DD4)

D.3 Adjoining buildings founded on loose foundation materials

The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer .

Note : A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919. Standard Condition: D6

D.4 Piezometers for the monitoring of Ground Water Levels (GWL)

The principal contractor must be provide piezometers within the excavation area and a further piezometers around the perimeter of the wall. The piezometers are to be installed to monitor groundwater levels before and during all dewatering works for the construction phase.

The Ground Water Levels monitoring wells and monitoring program must be maintained until the issue of the Final Occupation Certificate .

Ground Water Levels are to be regularly monitored during the course of the works as required by the Work Method Statement for the control of Ground Water Levels. Any damaged piezometers are to be replaced to allow uninterrupted monitoring.

Where there are any movements in the Ground Water Levels outside a safe range set by the Work Method Statement for the control of Ground Water Levels corrective action must be undertaken under the direction of the professional engineer (hydrological/geotechnical engineer). Standard Condition: D7

D.5 Establishment of Tree Protection Zones To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements;

Council Reference No: Species Location Radius from Trunk (metres)* 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Rd Watsons Bay 1.75 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay 2.25 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 1.5 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most western specimen 1.5 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Rd Watsons Bay 2 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 2.5 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay 1.75 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 1.5

b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.

c) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist. d) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone. e) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels. f) The storage of materials, stockpiling, siting of works sheds, preparation of mixes, cleaning of tools or equipment is not permitted within Tree Protection Zones. Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction. Note : Water Restrictions take precedence over this condition. Having regard to water restrictions manual hosing may be necessary. Standard Condition: D8 D.6 Permissible work within Tree Protection Zones In accordance with British Standard BS5837, one incursion no greater than 20% of a trees calculated Tree Protection Zone is considered allowable provided the tree is a healthy and vigorous specimen. Upon completion of approved works within the Tree Protection Zone, the specified Tree Protection Zone fencing must end either side of the allowable incursion. The table below provides a radius distance from the centre of the trunk of existing trees whereby the following incursions are permissible: a) Permissible Work within Tree Protection Zones

Council Reference No: Species Location Radius from Trunk (metres) Approved works within incursion 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Rd Watsons Bay 1.75 Approved landscaping 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay 2.25 Approved landscaping 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 1.5 Approved landscaping 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most western specimen 1.5 Approved landscaping 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Rd Watsons Bay 2 Approved landscaping 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 2.5 Approved landscaping 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay 1.75 Proposed pedestrian access path 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 1.5 Proposed pedestrian access path

b) Where excavation is undertaken within a specified Tree Protection Zone, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.

c) To prevent damage to roots and compaction within the Tree Protection Zone of specified trees, excavation must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). All root pruning must be undertaken in accordance with the Australian Standard 4373 "Pruning of Amenity Trees and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed. D.7 Construction Management Plan As a result of the site constraints, limited space and access a Construction Management Plan is to be submitted to Council. Due to the lack of on-street parking availability a Work Zone may be required from Council during construction. A construction management plan must be submitted and approved by Council's Development Engineer. The plan must:-

a) Describe the anticipated impact of the construction works on: o Local traffic routes o Pedestrian circulation adjacent to the building site o On-street parking in the local area b) Describe the means proposed to: o Manage construction works to minimise such impacts, o Provide for the standing of vehicles during construction, o Provide for the movement of trucks to and from the site, and deliveries to the site c) Show the location of: o Any site sheds and any anticipated use of cranes and concrete pumps, o Any areas of Council property on which it is proposed to install a Works Zone (Construction Zone) o Structures to be erected such as hoardings, scaffolding or shoring o Any excavation d) Describe the excavation impact on the area including o Number and types of trucks to be used o Time frame o Streets to be used o Routes to be taken o Directions of travel o Truck storage areas o It is recommended that vehicle routes be shared o Excavation is to only be carried out outside peak and school hours between 9.30am to 2.30pm week days o The CMP is to include both demolition and excavation works e) Show the location Of all Tree Protection (Exclusion) Zones as required within the conditions of this development consent. The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion.

Note: A minimum of eight weeks will be required for assessment. Work must not commence until the Construction Management Plan is approved. Failure to comply with this condition may result in fines and proceedings to stop work. Standard Condition: D9 D.8 Security Fencing, Hoarding and Overhead Protection

Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725.

Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare.

Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either:

a) the vertical height above footpath level of the structure being demolished is less than 4.0 m; or b) the least horizontal distance between footpath and the nearest part of the structure is greater than half the height of the structure.

The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must:

a) extend from the common boundary to 200mm from the edge of the carriageway for the full length of the boundary; b) have a clear height above the footpath of not less than 2.1 m; c) terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and d) together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa.

The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection.

The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm .

Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like.

Note : The principal contractor or owner must allow not less than two (2) weeks from the date of making a hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees. Standard Condition: D11 (Autotext DD11) D.9 Site Signs

The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times.

"Erection of signs o For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work. o A sign must be erected in a prominent position on any site on which building work, subdivision `work or demolition work is being carried out: a. showing the name, address and telephone number of the principal certifying authority for the work, and b. showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and c. stating that unauthorised entry to the work site is prohibited. o Any such sign is to 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. o This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building. o This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State's building laws."

Note : PCA and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which imposes a penalty exceeding $1,000).

Note : If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation . Standard Condition: D12 D.10 Toilet Facilities

Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided:

a) must be a standard flushing toilet, and b) must be connected to a public sewer, or c) if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or d) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council.

The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced.

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993.

approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993.

public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

Note : This condition does not set aside the requirement to comply with Workcover NSW requirements. Standard Condition: D13 D.11 Erosion and Sediment Controls - Installation

The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with:

a) The Soil and Water Management Plan if required under this consent; b) " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and c) " Managing Urban Stormwater - Soils and Construction " published by the NSW Department of Housing 4th Edition" ('The Blue Book').

Where there is any conflict The Blue Book takes precedence.

Note : The International Erosion Control Association - Australasia ( http://www.austieca.com.au/ ) lists consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association - Australasia.

Note : The "Do it Right On Site, Soil and Water Management for the Construction Industry" publications can be down loaded free of charge from www.woollahra.nsw.gov.au .

Note : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning . It is a criminal offence to cause, permit or allow pollution.

Note : Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution" Warning : Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed. Standard Condition: D14

D.12 Building - Construction Certificate, Appointment of Principal Certifying Authority, Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act) The erection of the building in accordance with this development consent must not be commenced until:

a) A construction certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited Certifier, and

b) The person having the benefit of the development consent has: - Appointed a principal certifying authority for the building work, and - Notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and c) the principal certifying authority has, no later than 2 days before the building work commences: - Notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and - Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and d) The person having the benefit of the development consent, if not carrying out the work as an owner-builder, has: - Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and - Notified the principal certifying authority of any such appointment, and - Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and - Given at least 2 days' notice to the council of the person's intention to commence the erection of the building.

Note: building has the same meaning as in section 4 of the Act and includes part of a building and any structure or part of a structure.

Note : new building has the same meaning as in section 109H of the Act and includes an altered portion of, or an extension to, an existing building.

Note : The commencement of demolition works associated with an altered portion of, or an extension to, an existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate ) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Note : Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can be downloaded from Council's website www.woollahra.nsw.gov.au .

Note : It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act. Standard Condition: D15 D.13 Notification of Home Building Act 1989 requirements

a) For the purposes of section 80A (11) of the Act, the requirements of this condition are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 . b) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information: - In the case of work for which a principal contractor is required to be appointed: - the name and licence number of the principal contractor, and - the name of the insurer by which the work is insured under Part 6 of that Act, - In the case of work to be done by an owner-builder: - the name of the owner-builder, and - if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

c) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information. d) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State's building laws. Standard Condition: D17 D.14 Establishment of boundary location, building location and datum

Prior to the commencement of any work the principal contractor or owner builder must ensure that a surveyor registered under the Surveying Act 2002 sets out:

a) the boundaries of the site by permanent marks (including permanent recovery points); b) the location and level of foundation excavations, footings, walls and slabs by permanent marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datum ("AHD") in compliance with the approved plans; c) establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and d) provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA.

Note : Where the principal contractor or owner builder notes any discrepancy between the approved development consent and the Construction Certificate , especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor or owner builder should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent.

Note : On larger developments, or where boundary redefinition is required, the placement of new State Survey Marks as permanent marks should be considered by the registered surveyor. Standard Condition: D18

E. Conditions which must be satisfied during any development work

E.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work:

This condition does not apply: a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or b) to the erection of a temporary building.

In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Standard Condition: E1 E.2 Compliance with Australian Standard for Demolition

Demolition of buildings and structures must comply with Australian Standard AS 2601 - 1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993. Standard Condition: E2

All development activities and traffic movements must be carried out in accordance with the approved construction management plan. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request.

Note : Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking legislation prevails. Standard Condition: E3

Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority.. Standard Condition: E4

Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation .

Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act . critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement.

Note : The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be satisfied that work is proceeding in accordance with this consent.

Note : The PCA may, in addition to inspections, require the submission of Com pliance Certificates , survey reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development. Standard Condition: E5

a) No work must take place on any Sunday or public holiday, b) No work must take place before 7am or after 5pm any weekday, c) No work must take place before 7am or after 1pm any Saturday, and d) No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday. e) No rock excavation being cutting, boring, drilling, breaking, sawing , jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour.

This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts.

Note : The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council.

Note : Each and every breach of this condition by any person may be subject to separate penalty infringement notice or prosecution.

Note : The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis.

Note : Compliance with these hours of work does not affect the rights of any person to seek a remedy to offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000.

Note : EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm .

E.7 Maintenance of Vehicular and Pedestrian Safety and Access

The principal contractor or owner builder and any other person acting with the benefit of this consent must:

Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway.

a) Not use the road or footway for the storage of any article, material, matter, waste or thing. b) Not use the road or footway for any work . c) Keep the road and footway in good repair free of any trip hazard or obstruction. d) Not stand any plant and equipment upon the road or footway.

This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with:

a) Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all relevant parts of this set of standards. b) Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Note : Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval.

Note: Section 138 of the Roads Act 1993 provides that a person must not: - erect a structure or carry out a work in, on or over a public road, or - dig up or disturb the surface of a public road, or - remove or interfere with a structure, work or tree on a public road, or - pump water into a public road from any land adjoining the road, or - connect a road (whether public or private) to a classified road, otherwise than with the consent of the appropriate roads authority.

Note : Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the council including: - Part C Management of Waste: a. For fee or reward, transport waste over or under a public place b. Place waste in a public place c. Place a waste storage container in a public place." - Part E Public roads: + a. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway b. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road." c. Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway. Standard Condition: E7

E.8 Tree Preservation All persons must comply with Council's Tree Preservation Order ("the TPO"), other than where varied by this consent. The order applies to any tree, with a height greater than 5 metres or a diameter spread of branches greater than 3 metres, is subject to Council's Tree Preservation Order unless, exempted by specific provisions. Works to be carried out within a 5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written consent of Council.

General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The Tree Protection Zone(s) must be maintained during all development work . b) Where excavation encounters tree roots with a diameter exceeding 50mm excavation must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions. c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

Note : Trees must be pruned in accordance with Australian Standard AS 4373 "Pruning of Amenity Trees" and WorkCover NSW Code of Practice Amenity Tree Industry . Standard Condition: E8

E.9 Tree Preservation & Approved Landscaping Works All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained: Trees on Private Land

Council Reference No: Species Location Dimension (metres) 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Rd Watsons Bay 10 x 4 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay 13 x 8 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 12 x 7 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most western specimen 13 x 6 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Rd Watsons Bay 12 x 5 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 13 x 10 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay Average dimensions of 13 x 5 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 13 x 4

Council Reference No: Species Location Dimension (metres) 8 Morus sp. Mulberry tree Rear yard 7 x 6 9 Plumeria acutifolia Frangipani Northern side of property 5 x 4

Note : The tree trees that may be removed should appear coloured red on the construction certificate plans.

The following compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area. Areas for future planting must be plotted on the submitted landscape or architectural plans and be protected from damage, especially soil compaction and contamination from construction activity by erecting a barrier or implementing ground protection. Where ground protection during construction activity is not implemented, remediation measures prior to planting such as soil ripping or subsoil aeration must be employed.

Any replacement plant is to be maintained in a healthy and vigorous condition until it attains a height of 5 metres or a spread of 3 metres, whereby it will be protected by Council's Tree Preservation Order. If the replacement plant is found to be faulty, damaged, dying or dead before it attains a size whereby it is protected by Council's Tree Preservation Order, it must be replaced with another of the same species which complies with the criteria outlined below. Species/Type Planting Location Container Size or Size of Tree (@ time of planting) Minimum Dimensions at Maturity 6 x Ceratopetalum gummiferum NSW Christmas Bush As per the submitted landscape plan 75 litre Natural 2 x Corymbia Summer Beauty As per the submitted landscape plan 75 litre Natural All replacement trees are to be NATSPEC grown.

E.11 Paving in the vicinity of trees Paving works within the specified radius from the trunks of the following trees must be constructed in such a way as to ensure that the existing moisture infiltration and gaseous exchange to the tree root system are maintained. When preparing an area for paving within the specified radius the soil surface should not be skimmed. A new surface must be established above the former ground level that does not inhibit gaseous exchange, such as granular fill not exceeding 100mm in depth or a load suspension layer. Council Reference No: Species Location Radius from centre of trunk (metres) 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay 1.75 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 1.5

Paving works are to be designed in consultation with a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent) and are to utilise such measures as semiporous material.

E.12 Level changes in the vicinity of trees No level changes are to occur within the specified radius from the trunks of the following trees to allow for the preservation of their root zones.

Council Reference No: Species Location Radius from Trunk (metres) 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Rd Watsons Bay 1.75 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay 2.25 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 1.5 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most western specimen 1.5 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Rd Watsons Bay 2 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 2.5 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay 1.75 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 1.5

E.13 Maintenance of Environmental Controls The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained:

a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions;

Note: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information. Standard Condition: E11

E.14 Compliance with Geotechnical/Hydrogeological Monitoring Program

Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer .

The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to;

a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and hydrogeological measures by the professional engineer ; and c) the contingency plan.

Note : The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council's recommendation that the author of the report be retained during the construction stage. Standard Condition: E12

A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building).

For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed.

Note : This condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a. the consent of the owners of such adjoining or supported land to trespass or encroach, or b. an access order under the Access to Neighbouring Land Act 2000, or c. an easement under section 88K of the Conveyancing Act 1919, or d. an easement under section 40 of the Land & Environment Court Act 1979 as appropriate.

Note : Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

Note : Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: " Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road." Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road.

Note : The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council's care control or management, or any community or operational land as defined by the Local Government Act 1993. Standard Condition: E13 E.16 Vibration Monitoring

Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed.

If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity an audible alarm must activate such that the principal contractor and any sub-contractor are easily alerted to the event.

Where any such alarm triggers all excavation works must cease immediately. Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer .

Where the event requires, in the opinion of the professional engineer , any change in work practices to ensure that vibration at the level of the footings of any adjacent building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these changes in work practices must be documented and a written direction given by the professional engineer to the principal contractor and any sub-contractor clearly setting out required work practice.

The principal contractor and any sub-contractor must comply with all work directions, verbal or written, given by the professional engineer .

A copy of any written direction required by this condition must be provided to the Principal Certifying Authority within 24 hours of any event.

Where there is any movement in foundations such that damaged is occasioned to any adjoining building or such that there is any removal of support to supported land the professional engineer , principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and take immediate action under the direction of the professional engineer to prevent any further damage and restore support to the supported land .

Note : Professional engineer has the same mean as in Clause A1.1 of the BCA.

Note : Building has the same meaning as in section 4 of the Act i.e. " building includes part of a building and any structure or part of a structure".

Note: Supported land has the same meaning as in section 88K of the Conveyancing Act 1919. Standard Condition: E14 E.17 Erosion and Sediment Controls - Maintenance

The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with:

a) The Soil and Water Management Plan required under this consent; b) " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and c) " Managing Urban Stormwater - Soils and Construction " published by the NSW Department of Housing 4th Edition (" The Blue Book "). Where there is any conflict The Blue Book takes precedence.

Note : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note : Section 257 of the Protection of the Environment Operations Act 1997 provides that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution". Warning : Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution. Standard Condition: E15

The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution , as defined by the Protection of the Environment Operations Act 1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water; c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas.

Note : This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution. Standard Condition: E17

Site Crane(s) and hoist(s) may be erected within the boundary of the land being developed subject to compliance with Australian Standards AS 1418, AS 2549 and AS 2550 and all relevant parts to these standards.

Cranes must not swing or hoist over any public place unless the principal contractor or owner builder have the relevant approval under the Local Government Act 1993 , Crown Lands Act 1989 or Roads Act 1993 .

The crane must not be illuminated outside approved working hours other than in relation to safety beacons required by the Civil Aviation Safety Authority under the Civil Aviation Act 1988 (Cth).

No illuminated sign(s) must be erected upon or displayed upon any site crane.

Note : Where it is proposed to swing a crane over a public place the principal contractor or owner builder must make a separate application to Council under section 68 of the Local Government Act 1993 and obtain activity approval from Council prior to swinging or hoisting over the public place.

Note : Where it is proposed to swing a crane over private land the consent of the owner of that private land is required. Alternatively, the principal contractor or owner builder must obtain an access order under the Access to Neighbouring Land Act 2000 or easement under section 88K of the Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriate. The encroachment of cranes or the like is a civil matter of trespass and encroachment. Council does not adjudicate or regulate such trespasses or encroachments. Standard Condition: E19

Stathakis v Woollahra Municipal Council

At a glance

Court

Decision date

Before

Source

Judgment (325 paragraphs)

Parties

Legislation Cited (1)

Cases Cited (2)