Ada v Parramatta CC - [2005] NSWLEC 281

No judgment structure available for this case.

Land and Environment Court

of New South Wales

CITATION:
Ada v Parramatta CC [2005] NSWLEC 281

PARTIES:
APPLICANT
Esat Ada
RESPONDENT
Parramatta City Council

FILE NUMBER(S):
11280 of 2004

CORAM:
Nott C

KEY ISSUES:
Development Application :- The use of premises as a boarding house that commenced unlawfully - court-appointed expert supports the granting of consent to amended plans - fire saftey - carparking - amenity of neighbours - plan of management and house rules adopted by conditions

LEGISLATION CITED:
Parramatta Local Environmental Plan 2001
Parramatta Development Control Plan 2001
Environmental Planning and Assessment Act 1979

DATES OF HEARING: 23/03/2005, 28/04/2005 and 10/05/2005

EX TEMPORE JUDGMENT DATE:
05/10/2005

LEGAL REPRESENTATIVES:
APPLICANT
Mr P. Clay, barrister
instructed by P Saab of
Macquarie Lawyers
RESPONDENT
Mr C. Gough, solicitor
of Storey & Gough

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Nott C

10 May 2005

11280 of 2004 Esat Ada v Parramatta City Council

JUDGMENT

1 This is an appeal against the council’s refusal of a development application for a boarding house at 7 Robertson Street, East Merrylands. The use of the premises at that address, as a boarding house, commenced unlawfully and the evidence that was given by local residents refers to previous disturbances resulting from the use. What is now proposed will be different from certain aspects of the previous use if there is compliance with conditions, which have been put forward by the council and agreed to by the applicant.

2 The appeal commenced on the site on 23 March 2005, when I heard evidence from nine residents who live next door or near the subject site. The main concern of the residents was the lack of parking that has been available in Robertson Street, which has a narrow carriageway. In the past, occupants of the boarding house have parked their cars also in Lackey Street, which is the closest cross street to Robertson Street. Residents at times have not been able to park outside their own homes, and on several occasions in the past, cars associated with the occupants of the subject site have been parked in such a manner as to make access to driveways difficult. On my inspection however, there were parking spaces available in Robertson Street as well as those in Lackey Street.

3 Another concern of the residents was antisocial behaviour such as drunkenness and swearing. A number of the residents remarked that the subject locality is relatively quiet. Noise from persons at the subject premises has been of concern, particularly to the immediately adjoining neighbours at 9 Robertson Street. The neighbours at 9 Robertson Street, were also concerned about overlooking from the subject site, into their property, which they rent from the Housing Commission.

4 As one of the local objectors, Mr J Erickson of 6 Robertson Street, said: “The key to having an acceptable boarding house is good management of the behaviour of the residents of the boarding house.” According to the evidence of some of the residents, it appears that in the past there have been as many as 20 people residing at the premises. When the number of persons at the premises was large, disturbances to neighbours were more frequent.

5 As I indicated, it is now proposed to have a maximum of 12 persons, including a residing manager, at the subject premises at any one time. If there were more than 12 persons present residing at the premises, the premises would have a different classification under the Building Code of Australia and much more stringent conditions, particularly relating to fire safety, would be required.

6 Following my hearing from the residents on the site, the proceedings were adjourned to enable a report concerning compliance with the Building Code of Australia to be obtained, and to enable amended plans to be presented to the Court. The amended plans are DA01C and DA02B, exhibit G.

7 In the amended plans a number of changes have been made to improve the amenity of the proposed residents of the premises. In addition, disabled access will be provided. One of the conditions agreed to by the parties is that the existing building and all building works must be carried out in accordance with, and comply with, the provisions of the Building Code of Australia. See condition 38.

8 Condition 60 specifies that the use of the premises for a boarding house is not to take place until an occupation certificate has been issued. Such a certificate should not be issued until there has been compliance with all the conditions that have been put forward, including condition 38.

9 The subject site is zoned residential 2(b) under Parramatta Local Environment Plan 2001, and Development Control Plan 2001 is applicable.

10 There was a Court Appointed town-planning expert, Mr N Kennan, who gave evidence. He was of the opinion that, in terms of the issues raised by the council, the proposed development was acceptable, subject to the imposition of conditions. Having considered the conditions, which incorporate an amended plan of management and house rules, I agree that, from a town-planning point of view, it would be appropriate to grant development consent for the reasons given by Mr Kennan.

11 Among the changes to the premises that will be required because of fire safety are those referred to by the council officer, Mr M Trifiro in his statement dated 5 May 2005. As I indicated however, the whole building would still need to comply with the Building Code of Australia, even if a particular item was not mentioned by Mr Trifiro.

12 One of the concerns of the residents was that there was not enough open space. This matter, as with the other matters that were in issue, was dealt with by Mr Kennan. I note that a relatively large shed at the rear of the premises will be deleted and the area converted into an open recreation area. The reduction in the number of residents at the premises (from a number excess of 12) will be of assistance in mitigating adverse impacts on neighbours who live in detached dwelling houses. In addition, as I mentioned, the plan of management and house rules, which are required to be complied with, will assist in reducing the opportunity for unreasonable noise impacts on the neighbourhood.

13 As regards car parking, a condition of consent will require the owner not to have more than five persons (including the manager) at any one time residing on the premises who have cars. Three cars will be able to park on the premises, and I think it is acceptable that two other cars be permitted to park on the street. The implementation by the owner or manager of this condition will be left to the owner or manager’s discretion. For example, if there are at any time a total of five residents who have cars, then any future resident will only be permitted to reside there if that resident does not have a car, and agrees not to acquire a car during his or her residency.

14 I am of the opinion that the proposed development is consistent with the objectives of the 2(b) residential zone.

15 For those reasons the orders of the Court are by consent:

(1) The appeal is upheld.

(2) Development consent is granted for a boarding house at 7 Robertson Street, East Merrylands, subject to the conditions in annexure A hereto.

(3) The exhibits, other than exhibits 5, B, G, C, and H, may be returned.

_____________

Annexure A

Conditions

DA02-0862

Esat ADA v Parramatta City Council

Proposed boarding house and alterations and additions

7 Robertson Street, Merrylands

A. GENERAL CONDITIONS/USE OF THE SITE

1. The development is to be carried out in accordance with the following plans and documentation and endorsed with the stamp of the consent authority, except where amended by other conditions of this consent:

Drawing No.	Drawn by	Dated
DA01 (C)	HRV Architectural	6th May, 2005
DA02 (B)	HRV Architectural	6th May, 2005
CD-0215-01 (B)	Guy Sturt & Associates	7th April, 2005

The lattice in the ‘fence detail’ of Plan DA02B is to be amended so that the maximum gaps in the lattice are 35mm x 35mm.

No construction works (including excavation) shall be undertaken prior to the release of the construction certificate.

Note

Reason

2. The use of the premises shall comply in all respects with the definition of ‘boarding house’ as provided in the Dictionary to Clause 10 of Parramatta Local Environmental Plan 2001, vis-à-vis:

“boarding house means a building or part of a building let in lodgings or a hostel which provides lodgers with a principal place of residence, but does not include backpackers accommodation, a guest house, serviced apartment, or (in the Table to Clause 16) any other building defined in this dictionary”.

Reason

3. That any advertising of the premises shall clearly state that the premises provides a principal place of residence and tariffs shall not be depicted on a daily basis.

Reason

4. That the manager of the boarding house shall liaise closely with the Department of Ageing, Disability and Home Care, particularly its Boarding Houses Standards Unit, in relation to residents who are deemed to be requiring of higher levels of care or observation.

Reason

5. That the manager of the premises must ensure that appropriate arrangements for any relocation of existing residents into alternative accommodation within the local area (if the resident so desires to remain in the local area) occurs prior to the commencement of works on the site.

Reason

6. In order to ensure that adequate outdoor recreational space is provided, the rear outbuilding shall be demolished within three months of the date of this consent.

Reason

7. That the use and operation of the premises shall also comply with the requirements of Schedule 1 (Standards for Places of Shared Accommodation) of the Local Government (Orders) Regulation 1999 under the Local Government Act ,1993, the Public Health Act, 1991 and regulations made thereunder.

Reason

8. Having regard to the unauthorised use, all required works to be undertaken shall be completed within six months of the date of this consent.

Reason

9. No smoking is permitted in bedrooms. In addition, no naked flames, candles or incense and the like shall be permitted within individual bedrooms.

Reason

10. That a fire blanket shall be provided in all cooking areas adjacent to the cooking appliances and fire extinguishers in the following locations:.

(i) adjacent to all electrical switchboards;

(ii) each corridor at both levels of the building;

Reason

11. The manager shall reside in the premises and a 24-hour phone number shall be supplied to each occupant so that contact may be made with the manager in the event of an emergency. The notice shall be placed near the entrance to the building in a prominent position to the public advising of the manager’s name and contact details.

Reason

12. The premises shall require licensing, pursuant to the Family and Community Services Act 1973, should one or more occupant be diagnosed as having a disability.

Reason

13. That each occupant shall be furnished with a set of house rules and the same be displayed within the boarding house in a prominent position within one of the common areas or kitchen. The house rules shall also cover the following matters:

(i) Consumption of alcohol in certain areas within the premises;

(ii) Smoking in certain areas within the premises;

(iii) Total ban on the use of illegal substances within the curtilage of the property;

(iv) Maintaining kitchen and other common areas;

(v) Bedrooms being made available once per week for inspection by the boarding house manager;

(vi) The peace and good order of the neighbourhood;

(vii) General noise;

(viii) The general terms of this consent; and

Reason

14. That the manager shall maintain a computerised record of all residents with details of their names, possession of a motor car, length of stay, number of persons in each room, and that such record shall be submitted annually to Council.

Reason

15. That no greater than 5 car-owners/possessors shall be accommodated on the premises.

Reason

16. That the premises accommodated no greater than 12 residents, including the manager.

Reason

17. That all residents in the boarding house are to sign a lease or licence agreeing to comply with the boarding house rules, with the length of the lease to be determined by the management on the explicit understanding that accommodation is not to be provided on a temporary basis to persons. The length considered appropriate is to be not less than one month.

Reason

18. That the manager, upon signing a lease or licence agreement, shall supply boarders with a key to their individual room and common areas.

Reason

19. That the house rules and plan of management, as approved by the Land & Environment Court (attached hereto) shall form part of this consent.

Reason

20. That individual rooms are to be restricted to plug-in appliances such as microwave ovens, toasters, kettles and the like. No other cooking devices shall be permitted within bedrooms.

Reason

21. That each bedroom must be numbered in accordance with the schedule and there must be displayed, clearly of (or in) each bedroom, the maximum number of persons allowed to be accommodated in the bedroom, subject to compliance at all times with condition 16.

Reason

22. That the manager is responsible of ensuring that door locks within the boarding house are functioning at all times. Such locks shall be incorporated into single action door handles.

Reason

23. That individual rooms and common areas are to be maintained in a clean and tidy state and individual’s rubbish shall be placed in the appropriate receptacles.

Reason

24. That the kitchen shall be made available to occupants at all times.

Reason

25. That doors to the kitchen and common areas are to be clear-glazed.

Reason

26. That dining shall be encouraged within one of the ground floor common areas, rather than in individual rooms.

Reason

27. That it is the responsibility of the manager to ensure that all openable bedroom and common area windows are fitted with fly-wire screens and blinds and/or curtains.

Reason

28. That only plastic, impermeable mattresses shall be used in bedrooms.

Reason

29. That clean bedroom linen is to be supplied by the manager and that such linen is changed, cleaned and supplied at least every seven days.

Reason

30. That the manager is responsible to ensure that there are appropriate floor coverings at first floor level in order to reduce noise transmission between floors.

Reason

31. That the manager shall ensure that each bedroom is supplied with a waste disposal container.

Reason

32. That soap or a liquid soap dispenser shall be supplied to each shower, bathroom, kitchen and hand basin.

Reason

33. That at least one washing machine and two combination refrigerator/freezers with a minimum capacity of 200 litres shall be supplied for residents.

Reason

34. That the manager shall ensure that at least one fixed line telephone and one television set is provided for resident use within the ground floor common area.

Reason

35. That all electrical installation, including smoke detectors, exit signs and fire alarms, serving the subject premises shall be inspected by a suitably qualified electrical contractor and certified accordingly. The certificate shall be in the form of a typed report providing the following minimum requirements::

Reason

36. That all required smoke detectors shall be hard-wired and not battery operated. Smoke detectors are required in all bedrooms, to be located on or very near to the ceiling, within every hallway or corridor associated with a bedroom, or, if there is no corridor or hallway, in an area between the bedrooms and the remainder of the building.

Reason

37. That a system of lighting must be installed to assist evacuation of occupants in the event of fire and be activated by the smoke alarm required by Part 3.7.2.4 of the Building Code of Australia and consist of a light incorporated within the smoke alarm or the lighting located in the corridor, hallway or area services by the smoke alarm.

Reason

38. The existing building and all building works must be carried out in accordance with and comply with the provisions of the Building Code of Australia.

Reason

39. That prior to construction of the approved development, it is necessary to obtain a construction certificate. A construction certificate may be issued by Council or an accredited certifier. Plans submitted with the construction certificate are to be modified to incorporate the conditions of this consent.

Reason

40. That as there is a change in the building use (classification), the building must comply with Category 1 fire safety provision applicable to the use of the premises as a boarding house.

Note

Reason

41. Demolition work shall be carried out in accordance with Australian Standard 2601-1991 ‘Demolition of Structures’ and the requirements of the NSW WorkCover Authority.

Reason

42. Provision to be made within the side or rear setbacks areas for covered motor cycle and bicycle parking.

Reason

43. This consent is granted without prejudice to any further action being taken under Section 121B of the Environmental Planning & Assessment Act 1979 (as amended), in respect of the provision of adequate fire safety and egress in the building at any future time.

Reason

ainwater runoff from new roofing shall be connected to the existing stormwater disposal system. Details shall be shown on the construction certificate plans.

Reason

45. The construction certificate is not to be released unless the certifying authority is satisfied that the required levy payable under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 has been paid.

Reason

46. Provision shall be made for access to the building on the site for persons with a disability, in accordance with the provisions of AS4128, Parts 1 and 4 prior to release of the construction certificate. In this regard, the construction certificate plans shall be notated accordingly. Particular attention should be given to tactile ground surface indicators for the orientation of people with vision impairment (AS1428.4).

Reason

47. A minimum of five workings days written notice prior to any demolition work commencing shall be provided to Parramatta City Council and adjoining residents. Such written notice is to include the date when demolition will be commenced and details of the principal contractor’s name, address, business hours contact number, Council’s after hours contact number and the appropriate NSW WorkCover Authority Licence.

Reason

48. Prior to demolition commencing, either the Principal Certifying Authority (PCA) or Council’s Building Surveyor must inspect the site. Should the building or structures to be demolished be known or suspected by reason of the building or structures age or otherwise be found to be wholly or partly clad with bonded or friable asbestos material, approval to commence demolition will not be given until the PCA and/or Council is satisfied that appropriate measures are in place for the handling, storage, transport and disposal of the bonded or friable asbestos material. Prior to commencement of demolition an inspection fee is to be paid in accordance with Council’s current fee schedule.

Reason

49. A sign must be erected in a prominent position on the work site:

Reason

50. Prior to work commencing, toilet facilities are to be provided at the work site, at the rate of one toilet for every 20 persons or part of every 20 persons employed at the site.

Reason

51. Erosion and sediment control devices are to be installed prior to the commencement of any demolition, excavation or construction works upon the site. These devices are to be maintained throughout the entire demolition, excavation and construction phases of the development and for a minimum period of 3 months after completion of the project where necessary.

Reason

52. Construction activities associated with the development, including the delivery of material to and from the site shall only be carried out Mondays to Saturdays between the hours of 7.00am to 6.00pm. No work is permitted to be carried out on Sundays or public holidays.

Reason

53. Noise from construction and/or demolition activities associated with the development shall comply with the NSW Environment Protection Authority’s Environmental Noise Manual and the Protection of the Environment Operations Act, 1997.

Reason

54. Waste disposal shall be conducted in accordance with the approved waste management plan.

Reason

55. No materials, machinery, signs or vehicles used in or resulting from the construction or demolition relating to the development shall be stored or placed on Council’s footpath, nature strip or roadway.

Reason

56. All new water fixtures to be installed are to be rated to AAA standard. Certification demonstrating compliance must be submitted to the certifying PCA prior to release of the occupation certificate.

Reason

57. The landscaping of the site shall be carried out prior to occupation in accordance with the approved plan and shall be maintained at all times

Reason

58. In accordance with Clause 162B of the Environmental Planning & 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:
· The development application and construction certificate number;
· The address of the property at which the inspection was carried out;
· The type of inspection;
· The date on which it was carried out;
· The name and accreditation number of the certifying authority by whom the inspection was carried out;
· Whether or not the inspection was satisfactory in the opinion of the certifying authority who carried it out.

Reason : Legislative requirement.

59. Where Council is not the Principal Certifying Authority, a copy of any compliance certificates and/or records of inspections received by the PCA shall be forwarded to Council prior to occupation or commencement of the use.

Reason

60. Occupation or use of the premises for a boarding house, either in part or full, shall not take place until an occupation certificate has been issued. The occupation certificate must not be issued unless the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia and until all preceding conditions of this consent have been complied with.

Where Council is not the PCA, a copy of the occupation certificate together with registration fee must be provided to Parramatta City Council.
Reason : Legislative requirement.

61. That all treads and landings of the existing stairways shall be provided with a non-slip finish throughout or with an approved non-skid strip near the respective edgings.

Reason

62. That the side passage shall not be used as a means of access to or from the building, but instead it is to be used for maintenance and emergency purposes only.

Reason

63. All new and existing fire safety measures shall be maintained in working condition at all times.

Reason

Plan of Management, House Rules, and [not reproduced in this internet version] Fire Evacuation Plan]

____________________

PLAN OF MANAGEMENT

(Referred to in the Conditions of Consent)

BOARDING HOUSE
7 ROBERTSON STREET MERRYLANDS

1.0 Introduction
1.1 Purpose of Management Plan

This Management Plan addresses the operational issues relating to the proposed boarding house at 7 Robertson Street Merrylands.

2.0 Key Management Policies

2.1 Establishing House Rules
To ensure the smooth running of the premises, for the benefit of residents of the boarding house, Management and neighbours, house rules are established. The house rules are attachment A to this Plan.

The house rules detail all those matters that are to be adhered to by both residents and Management, and include means of resolving situations where rules are broken.

All residents shall be advised of the house rules and the consequences of breaking them.

The house rules shall be displayed in a prominent place in the premises.

2.2 Use of Illegal Drugs

Management takes the possession, use and supply of illegal drugs very seriously. Management will be vigilant about drugs and be aware of residents/employees taking drugs or trying to enter the premises under the influence of drugs.

If any resident or employee is found to possess, supply or use illegal drugs while at the premises then they shall be subject to disciplinary action including termination of their lease and referral to police.

No staff member is to be under the influence of, or in possession of any illegal substances on the way to work and/or at work and/or on the premises. Management will not to hire any person that is known to be currently using illegal drugs or whose use or misuse of legally prescribed drugs or alcohol would disqualify them from performing the essential functions of the job.

Management will be dismiss any employee involved in selling, purchasing, and using or in possession of narcotics or other legally controlled substances off premises or during company business.

2.3 Maintaining Neighbourly Relations

Neighbourly relations are important in relation to the smooth operation of the premises. Management shall ensure that good relations are maintained with neighbours.
Further, Management, through the House Rules, shall advise residents of their responsibilities in relation to neighbours and the behaviour that is expected in this regard. A copy of this Plan, including the rules shall be provided to the immediate neighbours and any other neighbours on request.

2.4 Noise Control

Management shall ensure that noise from the premises does not unreasonable impact upon neighbours, and in particular ensure that occupants of the premises adhere to all rules in relation to noise emanating from the premises.

Further, Management shall be responsible for monitoring noise generation and managing it should the House Rules be broken.

2.5 Use of External Areas

The use of external areas within the premises will be allowed subject to compliance with the rules about noise.

Specifically, recorded music will be generally permissible during daylight hours but not after 11pm on Friday and Saturday nights or after 8pm on other weekdays and Sundays. The volume of the music must not be unreasonably loud.

2.6 Holding of Parties
Management shall ensure that the house rules in relation to parties are complied with.

A party may only occur on a Friday or Saturday night. The number of guests at a party shall not exceed 10.There shall only be one party at any one time.

Management shall give notice of any proposed party or social gathering at the premises to adjoining neighbours.

2.7 Consumption of Alcohol on the Premises

The consumption of alcohol must only occur in a responsible manner. Management will ensure that there is no alcohol abuse.

The Management's responsibility is for the safety and well being of all the occupants but equally important are the protection of staff and neighbours, and the amenity of neighbours.

Alcohol shall not be consumed in the common areas of the premises.

2.8 Use of Stereos and Like Equipment

Residents shall be permitted to use stereos and like equipment on the premises in accordance with the requirements of the House Rules and section on Noise Control. In particular, recorded music will be permissible during daylight hours but not after 11pm on Friday and Saturday nights or after 8pm on weekdays and Sundays. The volume of the music must not be unreasonably loud.
A sign shall be erected specifically dealing with the limitation on the use of stereos and the like.
Residents shall at all times, consider the residential amenity of the area and the impact of their activities on the neighbours. Management shall monitor all noise-generating activities and act appropriately if they occur in contravention to the House Rules or Council standards.

2.9 Carrying Out of Activities Likely to Cause a Nuisance

Carrying out of activities likely to cause a nuisance to either other residents, the Management or neighbours will not be tolerated.

Examples of such activities are theft, use of illegal drugs or unreasonable noise generating activities.

Management shall take these sort of activities extremely seriously, and may terminate the lease of any resident that is found to have acted unlawfully and inform the Police of the nature of the activity. Residents whose activities cause nuisance, but are not illegal, shall be warned and if they re-offend, may have their lease terminated.

2.10 Registering and Dealing with Complaints

A 24-hour phone line shall be established for the registering of complaints in relation to the use of the premises. The phone line will be advertised by letter drop to residents, shopkeepers and workers in the vicinity of the premises.

Management shall establish and maintain a Complaints Register in which all complaints shall be recorded. Management shall check the Register daily and deal with any complaints within 24 hours of the complaint. Amendments to the management plan and house rules can be implemented (if required) to eliminate any recurrence of the problem, with the consent of the Council.

Management is to advise the person making the complaint of action carried out in respect of the matter. Management can then sign off on the issue.

The phone numbers of appropriate contacts will be prominently displayed throughout the premises e.g. police, Security Company, fire brigade, ambulance and the like.

Further, Management shall create an Incident Report form. Any person who wishes to report an incident/crime/nuisance associated with the premises shall complete this form. Management shall register the Incident Report in the Complaints Register and deal with it as specified above.

2.11 Theft

It is the Management's policy that theft from residents, guests, neighbours, staff members or anybody else will not be tolerated at any time.

In the event that a resident is the victim of theft at the premises, Management shall assist the resident to report and resolve the issue, i.e. completion of incident report forms, contacting the police, telephone calls etc.

All thefts must be documented clearly and concisely on an Incident Report form and Complaints Register. The victim of the theft shall compete an Incident Report form, outlining their personal information and all relevant information pertaining to the theft. Management shall then report the theft to the Police.

2.12 The Parking of Vehicles
Management will not permit there to be any more than 5 motor vehicles (excluding motor cycles) in the possession or control of residents and Management at the premises at any time.

Vehicles shall be parked legally at all times. Vehicles shall be parked on-site if space is available. Vehicles parking on the street shall not cause obstruction to other vehicles using the road, neighbours trying to enter or exit their property or pedestrians using the footpath.

Management shall record the Registration Plates of all vehicles belonging to residents. Any resident’s vehicle left unattended for a prolonged period of time may be towed away and disposed of.

3.0 Operational Procedures

3.1 Evacuation Plan

A detailed plan showing the premises' fire exits and fire assembly points will be prepared in accordance with Building Code of Australia (BCA) requirements. Copies of this plan shall be available to all staff and residents and shall also be attached to the inside of all bedroom doors.

3.2 Major Incidents

A Major Incident Report will be required to be completed on all incidents that necessitate action by an emergency service, fire brigade, police and maintenance called in after hours.

The Major Incident Reports should contain:

Waste management is critical to the clean and healthy operation of the premises and is to be undertaken in the following manner:

_________

ATTACHMENT A

(to Plan of Management)—HOUSE RULES

General

1. All activities shall be carried out in accordance with the Plan of Management.

2. R

esidents shall behave in a socially responsible manner at all times. Residents are to be considerate to the needs of other residents and neighbours particularly in respect of noise and cleanliness. Unacceptable behaviour will result in a termination of the residents lease.

3. The kitchen, living room and other common areas are to be kept clean and tidy at all times.

4. No smoking in bedrooms.

5. The management shall inspect the bedrooms weekly to ensure they are being maintained appropriately.

6. Any resident found to possess, supply or use illegal drugs will have their lease terminated and the matter will be referred to the police.

7. There shall not be unreasonable disturbance to the neighbourhood by noise from the premises.

8. The following shall be observed:

9. The following shall be observed:

10. The impact of noise and unruly behaviour on neighbours and other residents is to be considered at all times. In particular:

11. The Management's responsibility is for the safety and well being of all the occupants but equally important are the protection of staff and neighbours, and the amenity of neighbours.

12. Excessive consumption of alcohol is unacceptable. In this regard an initial warning will be issued to the offender; further breaches will result in termination of the lease.

13. Alcohol shall not be consumed in any common areas of the premises, but may be consumed in the tenant’s own room.

14. Carrying out of activities likely to cause a nuisance to other residents, the Management or neighbours will not be tolerated.

Management takes nuisance causing activities and illegal conduct extremely seriously. Management may terminate the lease of any resident who is found to have acted unlawfully and shall inform the Police of the nature of the activity. Residents whose activities cause nuisance, but are not illegal, shall be warned and if they re-offend, may have their lease terminated.

15. Management has a Complaints Register in which all complaints shall be recorded. Management shall check the Register daily and deal with any complaints within 24 hours of the complaint. Amendments to the management plan and house rules can be implemented (if required) to eliminate any recurrence of the problem, with the consent of Council. Management is to advise the person making the complaint of action carried out in respect of the matter.

16. Management has in place an Incident Report form. Any person who wishes to report an incident/crime/nuisance associated with the premises shall complete this form. Management shall register the Incident Report in the Complaints Register and deal with it as specified above.

17. It is the Management's policy that theft from either residents, guests, neighbours, staff members or anybody else will not be tolerated at any time. In the event that a resident is the victim of theft at the premises, Management shall assist the resident to report and resolve the issue, i.e. completion of incident report forms, contacting the police, telephone calls etc.

18. All thefts must be documented clearly and concisely on an Incident Report form and Complaints Register. The victim of the theft shall compete an Incident Report form, outlining their personal information and all relevant information pertaining to the theft. Management shall then report the theft to the Police for insurance purposes. Any resident involved with theft will have their lease terminated immediately.

Parking of Vehicles

19. Management will not permit there to be any more than 5 motor vehicles (excluding motor cycles) in the possession or control of residents and the on-site manager at the premises at any time.

Vehicles shall be parked legally at all times. Vehicles shall be parked on-site if space is available. Vehicles parking on the street shall not cause obstruction to other vehicles using the road, neighbours trying to enter or exit their property or pedestrians using the footpath.

Management shall record the Registration Plates of all vehicles belonging to residents. Any resident’s vehicle left unattended for a prolonged period of time may be towed away and disposed of.

20. Evacuation Plan

A detailed plan showing the premises' fire exits and fire assembly points is attached.

21. Major Incidents

A Major Incident Report will be required to be completed on all incidents that necessitate action by an emergency service, fire brigade, police and maintenance called in after hours.

Waste Management

22. Waste management is critical to the clean and healthy operation of the premises and is to be undertaken in the following manner:

· all waste is to be stored in sealed bags in the rubbish storage area;

· waste is to be separated into paper, glass and cardboard for recycling

Emergency Services

23. The following emergency numbers are available:

Police: 000

Granville Police – 9760 6199

Ambulance: 000

Parramatta Ambulance – 9891 9227

Fire brigade: 000

Guildford Fire Station – 9632 6856

Council: Parramatta City Council – 9806 5000

Management (24 hours): 9702 0067 or 0414 664 733

**********

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Citations

Ada v Parramatta CC [2005] NSWLEC 281

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CITATION:	Ada v Parramatta CC [2005] NSWLEC 281
PARTIES:	APPLICANT Esat Ada RESPONDENT Parramatta City Council
FILE NUMBER(S):	11280 of 2004
CORAM:	Nott C
KEY ISSUES:	Development Application :- The use of premises as a boarding house that commenced unlawfully - court-appointed expert supports the granting of consent to amended plans - fire saftey - carparking - amenity of neighbours - plan of management and house rules adopted by conditions
LEGISLATION CITED:	Parramatta Local Environmental Plan 2001 Parramatta Development Control Plan 2001 Environmental Planning and Assessment Act 1979
DATES OF HEARING:	23/03/2005, 28/04/2005 and 10/05/2005
EX TEMPORE JUDGMENT DATE:	05/10/2005
LEGAL REPRESENTATIVES:	APPLICANT Mr P. Clay, barrister instructed by P Saab of Macquarie Lawyers RESPONDENT Mr C. Gough, solicitor of Storey & Gough