Woodhouse v Wyong Shire Council & Others

Woodhouse v Wyong Shire Council & Others - [2006] NSWLEC 83 - NSWLEC 2006 case summary — Zoe

[16]

PRIOR TO COMMENCEMENT OF WORKS: The following conditions must be satisfied prior to the commencement of site works, including any works relating to demolition, excavation or vegetation removal. Approved Plans 25. A copy of the stamped approved plans must be kept on site for the duration of site works and be made available upon request to either the Principal Certifying Authority or an officer of the Council. Building Code of Australia 26. The buildings must comply with the relevant provisions and requirements of the Building Code of Australia. Demolition 27. Building demolition work is to be carried out in accordance with the provisions of AS 2601 - 1991 - The Demolition of Structures. 28. The disposal of any asbestos materials in accordance with the requirements of Workcover NSW and AS 2601 - 2001 - The Demolition of Structures. Erosion and Sediment Control 29. The display of an appropriate sign to promote the awareness of the importance of the maintenance of sediment control techniques on the most prominent sediment fence or erosion control device, for the duration of the project. Note: On-the-spot fines may be imposed by Council for non-compliance with this condition. 30. The downpipes and stormwater drainage being installed and connected to the approved stormwater disposal system immediately the roof materials are positioned to prevent erosion of the site from roofwater. Inspections 31. The following inspections of the work must be undertaken and certified. Should Council be appointed as the Principal Certifying Authority (PCA), the inspections must be carried out by Council, or may be carried out by an Accredited Certifier with Council's prior agreement. In these cases, a record of the results of the inspection must be forwarded to Council as soon as is practicable after the inspection and any associated Compliance Certificates must be forwarded to Council within 2 days of issue, to enable Council to conduct the final inspection and issue the Occupation Certificate. 48 hours prior notice must be given to Council of the required inspection. 32. At the commencement of any demolition or building work (ie. prior to any demolition, excavation, clearing or building work): Check for compliance with Development Consent conditions, including the installation of siltation controls, waste controls, hoardings, site fencing and tree protection measures, (Mandatory for all Building Classes) 33. Other inspections identified via conditions of this development consent. (Mandated by Development Consent conditions, included in Council's service as PCA) 34. After the building work has been completed and prior to the issue of any Occupation Certificate in relation to the building: Check completion of building, pool fencing, etc., is in place and hoardings, fencing, building signs, etc., are removed. (Mandatory for all building Classes. Inspection must be conducted by Council as PCA.) Record of Inspections Carried Out 35. In accordance with clause 162E of the Environmental Planning and Assessment Regulation 2000, the certifying authority responsible for critical stage inspections must make a record of each inspection as soon as practicable after it has been carried out. Where Council is not the PCA, the PCA is to forward a copy of all records to Council. The record must include details of:

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s the development application and construction certificate number; s the address of the property at which the inspection was carried out; s the type of inspection; s the date on which it was carried out; s the name and accreditation number of the certifying authority by whom the inspection was carried out; and s whether or not the inspection was satisfactory in the opinion of the certifying authority that carried it out. Inspections to be arranged with Council as the Principal Ce rtifying Authority. Notice of required inspection must be given 48 hours prior to inspection, by contacting Council's Customer Service Department on (02) 4350 5555. Site Requirements 36. The provision of a metal waste skip (with self-closing lid or secure covering) or lined mesh steel cage(s) on site for the duration of the construction to ensure that all wastes are contained on the site. The receptacle is to be emptied periodically to reduce the potential for rubbish to leave the site. An on site storage area for reuse, recycling and disposal of materials is to be provided. Concrete, brick, tile and excavation material is to be given first priority for reuse and recycling. Note: On the spot fines may be imposed by Council for pollution incidents. The Principal Contractor (or Owner/Builder) is to erect a sign in a prominent position on the site (not attached to any tree) identifying the name, address and telephone number of the Principal Certifying Authority (PCA) for the work; the name, address and telephone number (including a number for outside of business hours) of the Principal Contractor for the work (or Owner/Builder); and stating that unauthorized entry to the site is prohibited. The sign must be maintained while the work is being carried out and is to be removed when the work is completed. Appropriate signs can be collected from Council's Customer Service Centre, where Council is the nominated PCA. 37. Construction work may only be undertaken in accordance with the provisions of the Environmental Protection Authority's 'Environmental Noise Control Manual-Guidelines for Construction Noise' as identified below: (a) Monday to Friday 7.00 am to 6.00 pm (b) Saturday 8.00 am to 1.00 pm. (c) Work is not to be carried out on Sundays or Public Holidays.

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Note: The plans are to be submitted to Wyong Council who will seek the concurrence of Gosford Council as the authority responsible for that intersection. Dams
The design and construction of the dams must comply with Council's Development Control Plan No 72 - Farm Dams and Rural Works. Dust Control
Appropriate measures (e.g. fine water spray) shall be employed during demolition, excavation and construction works to prevent the emission of dust and other impurities into the surrounding environment. All such measures shall be co-ordinated with site sedimentation controls to ensure polluted waters do not leave the site. Erosion and Sediment Control
All erosion and sediment control works must be approved by Council prior to issue of the Occupation Certificate. Landscaping
All landscaping works are to be carried out in accordance with the Landscape Plan referred to in condition 2A.
The satisfactory completion and certification by the landscape consultant of all landscaping works prior to the issue of an Occupation Certificate. Stormwater
All drainage works for the development must be approved by Council prior to release of the Occupation Certificate.
The stormwater system with water quality control facilities to treat stormwater runoff from the development must be approved by Council under Section 68 of the Local Government Act prior to issue of the Occupation Certificate. ONGOING OPERATION: The following conditions must be satisfied during use & occupation of the development. Restrictions on Use
The operation shall strictly comply with the Environmental Management Plan referred to in condition 1.
All lighting shall be designed so as to ensure that glare does not adversely impact upon any adjoining property.
All deliveries to and from the site, apart from bird pick-ups, are to be carried out between 7.OOam and 7.OOpm. Stormwater
All stormwater treatment devices (including drainage systems, sumps and traps) being regularly maintained in order to remain effective.
Compliance with the stormwater management plans referred in Condition 1, including but not limited to the following: a the construction of three sediment basins to collect surface water. b the construction of a dam to collect roofwater from the sheds. c the installation of sediment fences and hay bales to prevent sedimentation downstream. d stabilisation of ground cover to prevent erosion. e efficient compaction rates (of clay for shed floors) to avoid infiltration and contamination of groundwater; and f implementation of a maintenance and monitoring system. Storage of Bulk Fluids and Dangerous Goods
The installation and operation of the LPG facility being in accordance with Australian Standard 1596:1997, Storage and handling of LP Gas. Waste Management
Compliance with the Waste Management Plan submitted with the application, or as modified by Council, in accordance with Development Control Plan No 69 - Controls for Site Waste Management. Other Requirements
The operation of the facility is to comply with the relevant provisions of the Protection of the Environment Operations Act 1997 at all times.
All chemicals and/or dangerous goods are to be stored in accordance with the requirements of WorkCover NSW.

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Judgment (116 paragraphs)

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