AK6 Pty Limited v Leichhardt City Council
[2009] NSWLEC 1427
•11 December 2009
Land and Environment Court
of New South Wales
CITATION: AK6 Pty Limited v Leichhardt City Council [2009] NSWLEC 1427 PARTIES: APPLICANT
RESPONDENT
AK6 Pty Limited
Leichhardt City CouncilFILE NUMBER(S): 10650 of 2009, 10655 of 2009 and 10656 of 2009 CORAM: Bly C KEY ISSUES: DEVELOPMENT APPLICATION :- On site car parking, pergola and carport LEGISLATION CITED: Environmental Planning and Assessment Act 1979 DATES OF HEARING: 11 December 2009 EX TEMPORE JUDGMENT DATE: 11 December 2009 LEGAL REPRESENTATIVES: APPLICANT
Ms A Kavanagh (agent)RESPONDENT
Ms J Walsh (solicitor)
SOLICITOR
Pikes Lawyers
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESBly C
10650 of 2009 AK6 Pty Limited v Leichhardt City Council11 December 2009
10655 of 2009
10656 of 2009
This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT
1 In August 2007, the Leichhardt City Council approved a four-lot subdivision of lots 1 and 2, DP 772288, at 7 Alexander Street, Balmain.
2 The applicant in these proceedings subsequently lodged three development applications with the council for the erection of a single dwelling house on each of lots 101, 102 and 103 that resulted from the approved subdivision. Each of those development applications included a single uncovered car space in the front building setback area with access off Alexander Street. The three applications were approved, but the applications for lots 102 and 103 had the car spaces deleted.
3 The applicant has now lodged three further development applications for each of the three lots, seeking the construction of a carport and pergola for lot 101 and seeking a single off-street car parking space plus pergola and carport for lots 102 and 103.
4 These development applications were advertised and objections were received expressing concerns mainly regarding the loss of on-street car parking and the visual impacts associated with the three proposed carport and pergola structures. The council refused the development application for lot 101 for reasons relating to the visual impacts associated with the car parking arrangement, the carports and pergola structures. The development applications for lots 102 and 103 were refused for reasons of loss of on-street car parking.
5 The applicant subsequently appealed to this Court in relation to these three refusals. The contentions contained in the statement of facts and contentions identifies in essence two concerns, the loss of on-street car parking and the visual impact of the carport and pergola structures.
6 These appeals were the subject of a s 34 conciliation conference on 5 November 2009. That conference was unsuccessful and was consequently terminated.
7 The applicant in consultation with the council has now decided not to press that part of each of the applications that seeks consent for the pergolas and carports, hence the proposals now effectively only involve the provision of car parking spaces for lots 102 and 103.
8 Each of the three development applications was subject to a detailed assessment by a council town planning officer and these reports consider in some detail the issue of car parking in those reports. It is there noted that car parking will not significantly affect the streetscape and that there are no heritage aspects that arise, taking into account that the site is situated in a conservation area. Because the provision of the two additional crossovers from Alexander Street (that provide access to the two additional parking spaces) will result in the loss of one on-street parking space, this was a matter of concern to the council. However the officer’s report notes that there will be a net increase of one car parking space and a resultant reduced demand for on-street parking from the occupants of the new dwellings.
9 Taking these matters into account, together with the decision to omit the carport and pergola structures, the parties have entered into consent orders and now invite the Court to make those orders. Relevantly, the objectors to the applications have been notified and those objectors have indicated that they do not wish to be heard.
10 I have now reviewed the statement of facts and contentions and the council officer’s reports and am satisfied that the consideration and conclusions in those reports can be supported and that, in effect, the concerns of the residents are answered. There are now no matters in dispute between the parties that require the determination of the Court.
11 Finally, by reference to the council officer’s reports, I am satisfied that the relevant s 79C assessment (of the Environmental Planning & Assessment Act 1979), has been carried out and that there is no statutory impediment to me granting the consent as sought. Therefore, by consent, I make the orders as sought with the additional order in each case, providing that Exhibit 1, the consent orders, is retained.
12 The orders of the Court for No. 10650 of 2009 are:
- 1. The appeal is upheld.
2. Development consent is granted to development application D/2009/20 for off street parking at proposed Lot 101 in part Lots 1 and 2, DP 772288 and Lots 1 and 2 in DP 112877, 7 Alexander Street, Balmain subject to conditions in Annexure A hereto.
3. Exhibit 1 is retained.
13 The orders of the Court for No. 10655 of 2009 are:
- 1. The appeal is upheld.
2. Development consent is granted to development application D/200/21 for off street parking at proposed Lot 102 in part Lots 1 and 2, DP 772288 and Lots 1 and 2 in DP 112877, 7 Alexander Street, Balmain subject to conditions in Annexure B hereto.
3. Exhibit 1 is retained.
14 The orders of the Court for 10656 of 2009 are:
- 1. The appeal is upheld.
2. Development consent is granted to development application D/2009/22 for off street parking at proposed Lot 103 in part Lots 1 and 2, DP 772288 and Lots 1 and 2 in DP 112877, 7 Alexander Street, Balmain subject to conditions in Annexure C hereto.
3. Exhibit 1 is retained.
___________________
- T A Bly
Commissioner of the Court
ljr
Annexure ‘A’
Conditions of Consent
AK6 Pty Limited v Leichhardt City Council
Matter No. 10650 of 2009
01. Development must be carried out in accordance with Development Application No. D/2009/20 (Lot 101) and the following plans and supplementary documentation, except where amended by the conditions of this consent.
Plan Reference Drawn By Dated Drawings numbered (job no.) 771A-da Rev. A sheet 1 of 2 and sheet 2 of 2. Damar 19/1/2009
In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
01A. The approved plans are amended by the drawing numbered 773AFF Rev. B ‘Front Fence and Tree Location’, for Quay Projects 3 December 2009 which shows the following amendments:
a) The pergola and carport structure is deleted.
b) The car parking space is to be finished in sandstone block paving set a minimum 5cm apart with a grass species planted between, similar to that used at no 5A Alexander Street. Details of block dimensions and set out are to be provided to Council prior to construction.
c) The fence and gate facing Alexander Street are not to exceed a height of 1.2metres above finished ground level and are to be in metal and of an open design. Any style other than ‘Dura-Fenz Centurion’ (or similar) as per details forwarded to Council bearing the date 25/11/09 shall be forwarded to Council for approval prior to erection.
d) The side dividing fence between lot 101 and lot 102 (in the front yard) and the fence facing Campbell Street is not to exceed a height of 1.2 metres above finished ground level and is to be of masonry construction.
e) No structure, other than the approved fencing, is to be erected or installed between the south elevation of the approved dwelling house and Alexander Street/ Campbell Street.
f) The gates to the approved car space are to open inwards only (ie so that, when closed or in an open/opening position, the gate shall remain at all times inside the property boundary).
g) A tree shall be planted generally in the position shown on drawing numbered 773A-FF Rev B and selected from the species list on that plan.
i) All ‘soft landscaping’ areas are to be planted with shrubs to a minimum mature height of 1 metre.h) The bin spaces are to be provided within an enclosure not exceeding 1.2m above finished ground level such that the bins are fully screened from view from either Campbell or Alexander Street.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
02. Amended plans are to be submitted incorporating the following amendments:
a) The car space floor level must be amended to meet the requirements of condition 07.
The amendments are to be provided prior to the issue of a Construction Certificate.
03. In accordance with the provisions of Section 81A of the Environmental Planning and Assessment Act 1979 construction works approved by this consent must not commence until:
a) A Construction Certificate has been issued by Council or an Accredited Certifier. Either Council or an Accredited Certifier can act as the “Certifying Authority.”
c) At least two days notice, in writing has been given to Council of the intention to commence work.b) A Principal Certifying Authority has been appointed and Council has been notified in writing of the appointment.
The documentation required under this condition must show that the proposal complies with all Development Consent conditions, the Building Code of Australia and the relevant Australian Standards.
04. Prior to the commencement of works on the subject site or a Construction Certificate being issued for works approved by this development consent (whichever occurs first), a security deposit to the value of $3000 must be paid to Council to cover the costs associated with the road, footpath and drainage works required by this consent.
Video inspection must be carried out of completed stormwater drainage works that are to revert to Council and a copy provided to Council to support the certification of the works.Payment will be accepted in the form of cash, bank cheque, EFTPOS/credit card (to a maximum of $10,000) or bank guarantee. A request for release of the security may be made to the Council after all construction work has been completed. The amount nominated is only current for the financial year in which the consent was issued and is revised each financial year. The amount payable must be consistent with Council’s Fees and Charges in force at the date of payment.
05. In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, the applicant must pay a long service levy at the prescribed rate of 0.0035 of the total cost of the work to either the Long Service Payments Corporation or Council for any work costing $25,000 or more. The Long Service Levy is payable prior to the issue of a Construction Certificate.
06. The levels certificate, issued by Council, must be provided prior to the issue of a Construction Certificate. The certificate specifies the surface levels in the road reserve adjacent to the property that must be used as the basis for the design of vehicle or pedestrian accesses, finished floor levels, fences, vents and any structures in the vicinity of the property boundary.
The levels certificate may specify levels in the adjacent road reserve to be changed.
07. The design of the vehicular access and off street parking facilities must comply with Australian Standard AS/NZS2890.1-2004 Parking Facilities - Off-Street Car Parking. Details demonstrating compliance are to be provided prior to the issue of a Construction Certificate. The following specific issues must be addressed in the design:
a) The floor level of the parking space must be at least 150mm above the adjacent road gutter level across the full width of the vehicle crossing.
b) The floor/finished levels within the property must be adjusted to ensure that the levels at the boundary comply with those obtained in the Levels Certificate issued by Council. The longitudinal profile must comply with the Ground Clearance requirements of AS/NZS2890.1-2004.
c) Longitudinal sections along each outer edge of the access and parking facilities, extending to the centreline of the road carriageway must be provided, demonstrating compliance with the above requirements.
Note that the proposed driveway profiles on Sketch No 1 prepared by DAMAR dated January 19 2009 do not comply with Council’s boundary level requirements and the ground floor clearance requirements of AS/NZS2890.1:2004. Amendment will be required to meet the requirements of the Level Certificate.
e) The vehicle access opening shall have a minimum clear opening width of 3000mm.d) The parking module must have minimum clear internal dimensions of [6000 ] x [3000 ]mm (length x width).
The design must be certified by a suitably qualified Civil Engineer with NPER registration with the Institution of Engineers Australia.
08. A stormwater drainage design prepared by a Licensed Plumber or qualified practicing Civil Engineer must be provided prior to the issue of a Construction Certificate. The design must be prepared/ amended to make provision for the following:
b) All plumbing within the site must be carried out in accordance with Australian Standard AS/NZS 3500.3.2 Plumbing and Drainage – Stormwater Drainage - National Plumbing and Drainage Code .
a) Stormwater runoff from all roof and paved areas within the property must be collected in a system of gutters, pits and pipelines and be discharged together with overflow pipelines from any rainwater tank(s) by gravity to Sydney Harbour. Note that NSW Maritime approval will be required. Any requirements set by NSW Maritime must be adjered to.
- The design must be prepared by a Licensed Plumber or qualified Civil Engineer and be provided prior to the issue of a Construction Certificate.
09. The applicant must bear the cost of construction of the following works:
b) Reconstruction of the remainder of the Alexander Street frontage of the site with .kerb and gutter and footpath in materials similar to those presently existing.a) Construction of a concrete vehicle crossing at the Alexander Street frontage of the site.
Development Consent does NOT give approval to undertake any works on Council property. An application must be made to Council for a Roadworks Permit under Section 138 of the Roads Act 1993 and Section 68 of the Local Government Act 1993 for approval to construct these works .
The Roadworks Permit must be provided prior to the issue of a Construction Certificate.
Note: The cost of adjustment or relocation of any public utility service shall be borne by the owner/applicant. Where the finished levels of the new works will result in changes to the existing surface levels, the cost of all necessary adjustments or transitions beyond the above scope of works shall be borne by the owner/applicant.These works must be constructed in accordance with the conditions of the Roadworks Permit and be completed prior to the issue of an Occupation Certificate.
10. A Soil and Water Management Plan must be provided prior to the issue of a Construction Certificate. The Soil and Water Management plan must be compatible with the Construction Management and Traffic Management Plan referred to in this Development Consent and must address, but is not limited to the following issues:
a) Minimise the area of soils exposed at any one time.
b) Conservation of top soil.
c) Identify and protect proposed stockpile locations.
d) Preserve existing vegetation. Identify revegetation technique and materials.
f) Control surface water flows through the site in a manner that:e) Prevent soil, sand, sediments leaving the site in an uncontrolled manner.
i) Diverts clean run-off around disturbed areas;
ii) Minimises slope gradient and flow distance within disturbed areas;
iii) Ensures surface run-off occurs at non erodable velocities;
iv) Ensures disturbed areas are promptly rehabilitated.
g) Sediment and erosion control measures in place before work commences.
h) Materials are not tracked onto the road by vehicles entering or leaving the site.
j) A durable sign, available from Council must be erected during the works in a prominent location on site, warning of penalties should appropriate measures required by the Soil and Water Management Plan not be maintained.i) Details of drainage to protect and drain the site during works.
11. Prior to the issue of a Construction Certificate, the applicant must prepare a Construction Management and Traffic Management Plan. The following matters should be addressed in the plan:
a) A plan view of the entire site and frontage roadways indicating:
i) The locations of proposed work zones in the frontage roadways.ii) Location of any proposed crane and concrete pump and truck standing areas on and off the site.
iii) Material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected.
iv) An on-site parking area for employees, tradespersons and construction vehicles as far as possible.
vi) How it is proposed to ensure that soil/excavated material is not transported onto surrounding footpaths and roadways.v) The proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period.
b) Construction Noise
During excavation, demolition and construction phases, noise generated from the site must be controlled.c) Occupational Health and Safety
All site works must comply with the occupational health and safety requirements of the New South Wales Work Cover Authority.e) Traffic control plan(s) for the sited) Toilet Facilities
During excavation, demolition and construction phases, toilet facilities are to be provided on the site, at the rate of one toilet for every twenty (20) persons or part of twenty (20) persons employed at the site.
All traffic control plans must be in accordance with the Roads and Traffic Authority publication “Traffic Control Worksite Manual” and prepared by a suitably qualified person (minimum ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each stage.
Approval is to be obtained from Council for any temporary road closures or crane use from public property. Applications to Council shall be made a minimum of 4 weeks prior to the activity proposed being undertaken.
PRIOR TO THE COMMENCEMENT OF WORKS
12. The site must be secured and fenced prior to works commencing. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling onto public property. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons on public property.
If the work involves the erection or demolition of a building and is likely to cause pedestrian or vehicular traffic on public property to be obstructed or rendered inconvenient, or building involves the enclosure of public property, a hoarding or fence must be erected between the work site and the public property.
Any hoarding, fence or awning is to be removed when the work is completed.Separate approval is required to erect a hoarding or temporary fence on public property. Approvals for hoardings, scaffolding on public land must be obtained and clearly displayed on site for the duration of the works.
13. The Home Building Act 1989 requires that insurance must be obtained from an insurance company approved by the Department of Fair Trading prior to the commencement of works approved by this Development Consent.
If Council is nominated as the Principal Certifying Authority then a copy of the certificate of insurance must be submitted to Council prior to the works commencing.
In all other cases, written notice must be given to Council of:If the work is to be undertaken by an owner-builder, written notice of their name and owner-builder permit number must be submitted to Council.
b) the name of the insurer by which the work is insured under Part 6 of the Home Building Act 1989.a) the name and licence number of the principal contractor and
This condition does not apply in relation to Crown building work that is certified, in accordance with Section 116G of the Environmental Planning and Assessment Act 1979, to comply with the technical provisions of the State’s building laws.If arrangements for doing the residential work are changed while the work is in progress, further work must not be carried out unless the Certifying Authority has given Council written notice of the updated information.
14. Any person or contractor undertaking works on public property must take out Public Risk Insurance with a minimum cover of ten (10) million dollars in relation to the occupation of, and approved works within public property. The Policy is to note, and provide protection for Leichhardt Council, as an interested party and a copy of the Policy must be submitted to Council prior to commencement of the works. The Policy must be valid for the entire period that the works are being undertaken on public property.
15. Prior to the commencement of works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.
16. At least forty-eight (48) hours prior to the commencement of works, a notice of commencement form and details of the appointed Principal Certifying Authority shall be submitted to Council.
17. An application for any of the following on public property (footpaths, roads, reserves) shall be submitted and approved by Council prior to the commencement of works.
a) Construction zone.
b) A pumping permit.
c) Mobile crane.
d) Skip bins other than those authorised by Leichhardt Council.
18. Prior to the commencement of works, a sign must be erected in a prominent position on the site on which the proposal is being carried out. The sign must state:
a) Unauthorised entry to the work site is prohibited.
c) The name, address and telephone number of the Certifying Authority for the work.b) The name of the principal contractor (or person in charge of the site) and a telephone number at which that person may be contacted at any time for business purposes and outside working hours.
Any such sign must be maintained while the work is being carried out, but must be removed when the work has been completed.
DURING WORKS
19. Building materials and machinery are to be located wholly on site.
20. Excavation, building or subdivision work must be restricted to the hours of 7:00am to 5:30pm Monday to Friday inclusive, 7:00am to 1:00pm Saturday. Work is not be carried out on Sunday or Public Holidays.
21. The development must be inspected at the following stages by the Principal Certifying Authority during construction:
a) At the commencement of the building work, and
b) Prior to pouring any in-situ reinforced concrete building element, and
d) After the building work has been completed and prior to any occupation certificate being issued in relation to the building by the Principal Certifying Authority.c) Prior to covering any stormwater drainage connections, and
22. A copy of the approved plans must be kept on site for the duration of site works and be made available upon request.
23. Construction material and vehicles shall not block or impede public use of footpaths or roadways.
24. Where any works are proposed in the public road reservation, the following applications must be made to Council, as applicable:
b) For construction/reconstruction of Council infrastructure, including vehicular crossings, footpath, kerb and gutter, stormwater drainage, an application must be made for a Roadworks Permit .a) For installation or replacement of private stormwater drainage lines or utility services, including water supply, sewerage, gas, electricity, etc. an application must be made for a Road Opening Permit .
Note: Private stormwater drainage is the pipeline(s) that provide the direct connection between the development site and Council’s stormwater drainage system, or street kerb and gutter.
PRIOR TO THE ISSUE OF AN OCCUPATION CERITFICATE
25. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the vehicle access and off street parking facilities have been constructed in accordance with the approved design and relevant Australian Standards.
Certification by a qualified practicing Civil Engineer that the vehicular access and off street parking facilities have been constructed in accordance the development consent and with relevant Australian Standards must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
26. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that all approved road, footpath and/or drainage works, including vehicle crossings, have been completed in the road reserve in accordance with Council Roadworks Permit approval.
Written notification from Council, that the works approved under the Roadworks Permit have been completed to its satisfaction and in accordance with the conditions of the Permit, must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
27. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards.
A plan showing pipe locations and diameters of the stormwater drainage system, together with certification by a Licensed Plumber or qualified practicing Civil Engineer that the drainage system has been constructed in accordance with the approved design and relevant Australian Standards, must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
ONGOING CONDITIONS OF CONSENT
28. All parked vehicles upon the site shall be parked so as to ensure the vehicle is contained wholly within the property boundary, with no part protruding over Council’s footpath or kerb.
29. The tree to be planted generally in the position shown on drawing numbered 773AFF Rev B shall be maintained in a healthy condition and should it become damaged or its condition materially deteriorate for any reason it shall be replaced with a tree selected from the same species list as shown on that plan.
30. No structures shall be erected in the front setback area of the site other than gates, fencing and dividing walls.
NOTES
A This Determination Notice operates or becomes effective from the endorsed date of consent.
B Failure to comply with the relevant provisions of the Environmental Planning and Assessment Act 1979 and/or the conditions of this consent may result in the serving of penalty notices or legal action.
C Works or activities other than those approved by this Development Consent will require the submission of a new development application or an application to modify the consent under Section 96 of the Environmental Planning and Assessment Act 1979.
D This development consent does not remove the need to obtain any other statutory consent or approval necessary under any other Act, such as (if necessary):
- a Application for any activity under that Act, including any erection of a hoarding.
b Application for a Place of Public Entertainment. Further building work may be required for this use in order to comply with the Building Code of Australia.
c Application for a Construction Certificate under the Environmental Planning and Assessment Act 1979.
d Application for an Occupation Certificate under the Environmental Planning and Assessment Act 1979.
e Application for a Subdivision Certificate under the Environmental Planning and Assessment Act1979 if land (including stratum) subdivision of the development site is proposed.
f Application for Strata Title Subdivision if strata title subdivision of the development is proposed.
g Development Application for demolition if demolition is not approved by this consent.
h Development Application for subdivision if consent for subdivision is not granted by this consent.
i An application under the Roads Act 1993 for any footpath / public road occupation. A lease fee is payable for all occupations.
E Prior to the issue of the Construction Certificate, the applicant must make contact with all relevant utility providers (such as Sydney Water, Energy Australia etc) whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained.
___________________
- T A Bly
Commissioner of the Court
ljr
Annexure ‘B’
Conditions of Consent
AK6 Pty Limited v Leichhardt City Council
Matter No. 10655 of 2009
PART A
A1 Deferred commencement condition
This consent shall not become operative unless the following condition is satisfied:
The works set out in consent No. D/2009/20 in relation to proposed Lot 101 are to be approved under a section 96 application modifying consent D/2008/34.
PART B
Upon satisfaction of deferred commencement condition A1, this consent shall commence to operate subject to the following conditions:
01. Development must be carried out in accordance with Development Application No. D/2009/21 (Lot 102) and the following plans and supplementary documentation, except where amended by the conditions of this consent.
Plan Reference Drawn By Dated Drawings numbered (job no.) 771A-da Rev. A sheet 1 of 2 and sheet 2 of 2. Damar 19/1/2009
In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
01A. The approved plans are amended by the drawing numbered 773AFF Rev. B ‘Front Fence and Tree Location’, for Quay Projects 3 December 2009 which shows the following amendments:
a) The pergola and carport structure is deleted.
b) The car parking space is to be finished in sandstone block paving set a minimum 5cm apart with a grass species planted between, similar to that used at no 5A Alexander Street. Details of block dimensions and set out are to be provided to Council prior to construction.
c) The fence and gate facing Alexander Street are not to exceed a height of 1.2metres above finished ground level and are to be in metal and of an open design. Any style other than ‘Dura-Fenz Centurion’ (or similar) as per details forwarded to Council bearing the date 25/11/09 shall be forwarded to Council for approval prior to erection.
d) The side dividing fence between lot 103, lot 102 and lot 101 (in the front yard) is not to exceed a height of 1.2 metres above finished ground level and is to be of masonry construction.
e) No structure, other than the approved fencing, is to be erected or installed between the south elevation of the approved dwelling house and Alexander Street/ Campbell Street.
f) The gates to the approved car space are to open inwards only (ie so that, when closed or in an open/opening position, the gate shall remain at all times inside the property boundary).
g) A tree shall be planted generally in the position shown on drawing numbered 773A-FF Rev B and selected from the species list on that plan.
i) All ‘soft landscaping’ areas are to be planted with shrubs to a minimum mature height of 1 metre.h) The bin spaces are to be provided within an enclosure not exceeding 1.2m above finished ground level such that the bins are fully screened from view from either Campbell or Alexander Street.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
02. Amended plans are to be submitted incorporating the following amendments:
a) The car space floor level must be amended to meet the requirements of condition 07.
The amendments are to be provided prior to the issue of a Construction Certificate.
03. In accordance with the provisions of Section 81A of the Environmental Planning and Assessment Act 1979 construction works approved by this consent must not commence until:
a) A Construction Certificate has been issued by Council or an Accredited Certifier. Either Council or an Accredited Certifier can act as the “Certifying Authority.”
c) At least two days notice, in writing has been given to Council of the intention to commence work.b) A Principal Certifying Authority has been appointed and Council has been notified in writing of the appointment.
The documentation required under this condition must show that the proposal complies with all Development Consent conditions, the Building Code of Australia and the relevant Australian Standards.
04. Prior to the commencement of works on the subject site or a Construction Certificate being issued for works approved by this development consent (whichever occurs first), a security deposit to the value of $3000 must be paid to Council to cover the costs associated with the road, footpath and drainage works required by this consent.
Video inspection must be carried out of completed stormwater drainage works that are to revert to Council and a copy provided to Council to support the certification of the works.Payment will be accepted in the form of cash, bank cheque, EFTPOS/credit card (to a maximum of $10,000) or bank guarantee. A request for release of the security may be made to the Council after all construction work has been completed. The amount nominated is only current for the financial year in which the consent was issued and is revised each financial year. The amount payable must be consistent with Council’s Fees and Charges in force at the date of payment.
05. In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, the applicant must pay a long service levy at the prescribed rate of 0.0035 of the total cost of the work to either the Long Service Payments Corporation or Council for any work costing $25,000 or more. The Long Service Levy is payable prior to the issue of a Construction Certificate.
06. The levels certificate, issued by Council, must be provided prior to the issue of a Construction Certificate. The certificate specifies the surface levels in the road reserve adjacent to the property that must be used as the basis for the design of vehicle or pedestrian accesses, finished floor levels, fences, vents and any structures in the vicinity of the property boundary.
The levels certificate may specify levels in the adjacent road reserve to be changed.
07. The design of the vehicular access and off street parking facilities must comply with Australian Standard AS/NZS2890.1-2004 Parking Facilities - Off-Street Car Parking. Details demonstrating compliance are to be provided prior to the issue of a Construction Certificate. The following specific issues must be addressed in the design:
a) The floor level of the parking space must be at least 150mm above the adjacent road gutter level across the full width of the vehicle crossing.
b) The floor/finished levels within the property must be adjusted to ensure that the levels at the boundary comply with those obtained in the Levels Certificate issued by Council. The longitudinal profile must comply with the Ground Clearance requirements of AS/NZS2890.1-2004.
c) Longitudinal sections along each outer edge of the access and parking facilities, extending to the centreline of the road carriageway must be provided, demonstrating compliance with the above requirements.
Note that the proposed driveway profiles on Sketch No 1 prepared by DAMAR dated January 19 2009 do not comply with Council’s boundary level requirements and the ground floor clearance requirements of AS/NZS2890.1:2004. Amendment will be required to meet the requirements of the Level Certificate.
e) The vehicle access opening shall have a minimum clear opening width of 3000mm.d) The parking module must have minimum clear internal dimensions of [6000 ] x [3000 ]mm (length x width).
The design must be certified by a suitably qualified Civil Engineer with NPER registration with the Institution of Engineers Australia.
08. A stormwater drainage design prepared by a Licensed Plumber or qualified practicing Civil Engineer must be provided prior to the issue of a Construction Certificate. The design must be prepared/ amended to make provision for the following:
b) All plumbing within the site must be carried out in accordance with Australian Standard AS/NZS 3500.3.2 Plumbing and Drainage – Stormwater Drainage - National Plumbing and Drainage Code .
a) Stormwater runoff from all roof and paved areas within the property must be collected in a system of gutters, pits and pipelines and be discharged together with overflow pipelines from any rainwater tank(s) by gravity to Sydney Harbour. Note that NSW Maritime approval will be required. Any requirements set by NSW Maritime must be adjered to.
- The design must be prepared by a Licensed Plumber or qualified Civil Engineer and be provided prior to the issue of a Construction Certificate.
09. The applicant must bear the cost of construction of the following works:
b) Reconstruction of the remainder of the Alexander Street frontage of the site with kerb and gutter and footpath in materials similar to those presently existing.a) Construction of a concrete vehicle crossing at the Alexander Street frontage of the site.
Development Consent does NOT give approval to undertake any works on Council property. An application must be made to Council for a Roadworks Permit under Section 138 of the Roads Act 1993 and Section 68 of the Local Government Act 1993 for approval to construct these works .
The Roadworks Permit must be provided prior to the issue of a Construction Certificate.
Note: The cost of adjustment or relocation of any public utility service shall be borne by the owner/applicant. Where the finished levels of the new works will result in changes to the existing surface levels, the cost of all necessary adjustments or transitions beyond the above scope of works shall be borne by the owner/applicant.These works must be constructed in accordance with the conditions of the Roadworks Permit and be completed prior to the issue of an Occupation Certificate.
10. A Soil and Water Management Plan must be provided prior to the issue of a Construction Certificate. The Soil and Water Management plan must be compatible with the Construction Management and Traffic Management Plan referred to in this Development Consent and must address, but is not limited to the following issues:
a) Minimise the area of soils exposed at any one time.
b) Conservation of top soil.
c) Identify and protect proposed stockpile locations.
d) Preserve existing vegetation. Identify revegetation technique and materials.
f) Control surface water flows through the site in a manner that:e) Prevent soil, sand, sediments leaving the site in an uncontrolled manner.
i) Diverts clean run-off around disturbed areas;
ii) Minimises slope gradient and flow distance within disturbed areas;
iii) Ensures surface run-off occurs at non erodable velocities;
iv) Ensures disturbed areas are promptly rehabilitated.
g) Sediment and erosion control measures in place before work commences.
h) Materials are not tracked onto the road by vehicles entering or leaving the site.
j) A durable sign, available from Council must be erected during the works in a prominent location on site, warning of penalties should appropriate measures required by the Soil and Water Management Plan not be maintained.i) Details of drainage to protect and drain the site during works.
11. Prior to the issue of a Construction Certificate, the applicant must prepare a Construction Management and Traffic Management Plan. The following matters should be addressed in the plan:
a) A plan view of the entire site and frontage roadways indicating:
i) The locations of proposed work zones in the frontage roadways.ii) Location of any proposed crane and concrete pump and truck standing areas on and off the site.
iii) Material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected.
iv) An on-site parking area for employees, tradespersons and construction vehicles as far as possible.
vi) How it is proposed to ensure that soil/excavated material is not transported onto surrounding footpaths and roadways.v) The proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period.
b) Construction Noise
During excavation, demolition and construction phases, noise generated from the site must be controlled.c) Occupational Health and Safety
All site works must comply with the occupational health and safety requirements of the New South Wales Work Cover Authority.e) Traffic control plan(s) for the sited) Toilet Facilities
During excavation, demolition and construction phases, toilet facilities are to be provided on the site, at the rate of one toilet for every twenty (20) persons or part of twenty (20) persons employed at the site.
All traffic control plans must be in accordance with the Roads and Traffic Authority publication “Traffic Control Worksite Manual” and prepared by a suitably qualified person (minimum ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each stage.
Approval is to be obtained from Council for any temporary road closures or crane use from public property. Applications to Council shall be made a minimum of 4 weeks prior to the activity proposed being undertaken.
PRIOR TO THE COMMENCEMENT OF WORKS
12. The site must be secured and fenced prior to works commencing. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling onto public property. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons on public property.
If the work involves the erection or demolition of a building and is likely to cause pedestrian or vehicular traffic on public property to be obstructed or rendered inconvenient, or building involves the enclosure of public property, a hoarding or fence must be erected between the work site and the public property.
Any hoarding, fence or awning is to be removed when the work is completed.Separate approval is required to erect a hoarding or temporary fence on public property. Approvals for hoardings, scaffolding on public land must be obtained and clearly displayed on site for the duration of the works.
13. The Home Building Act 1989 requires that insurance must be obtained from an insurance company approved by the Department of Fair Trading prior to the commencement of works approved by this Development Consent.
If Council is nominated as the Principal Certifying Authority then a copy of the certificate of insurance must be submitted to Council prior to the works commencing.
In all other cases, written notice must be given to Council of:If the work is to be undertaken by an owner-builder, written notice of their name and owner-builder permit number must be submitted to Council.
b) the name of the insurer by which the work is insured under Part 6 of the Home Building Act 1989.a) the name and licence number of the principal contractor and
This condition does not apply in relation to Crown building work that is certified, in accordance with Section 116G of the Environmental Planning and Assessment Act 1979, to comply with the technical provisions of the State’s building laws.If arrangements for doing the residential work are changed while the work is in progress, further work must not be carried out unless the Certifying Authority has given Council written notice of the updated information.
14. Any person or contractor undertaking works on public property must take out Public Risk Insurance with a minimum cover of ten (10) million dollars in relation to the occupation of, and approved works within public property. The Policy is to note, and provide protection for Leichhardt Council, as an interested party and a copy of the Policy must be submitted to Council prior to commencement of the works. The Policy must be valid for the entire period that the works are being undertaken on public property.
15. Prior to the commencement of works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.
16. At least forty-eight (48) hours prior to the commencement of works, a notice of commencement form and details of the appointed Principal Certifying Authority shall be submitted to Council.
17. An application for any of the following on public property (footpaths, roads, reserves) shall be submitted and approved by Council prior to the commencement of works.
a) Construction zone.
b) A pumping permit.
c) Mobile crane.
d) Skip bins other than those authorised by Leichhardt Council.
18. Prior to the commencement of works, a sign must be erected in a prominent position on the site on which the proposal is being carried out. The sign must state:
a) Unauthorised entry to the work site is prohibited.
c) The name, address and telephone number of the Certifying Authority for the work.b) The name of the principal contractor (or person in charge of the site) and a telephone number at which that person may be contacted at any time for business purposes and outside working hours.
Any such sign must be maintained while the work is being carried out, but must be removed when the work has been completed.
DURING WORKS
19. Building materials and machinery are to be located wholly on site.
20. Excavation, building or subdivision work must be restricted to the hours of 7:00am to 5:30pm Monday to Friday inclusive, 7:00am to 1:00pm Saturday. Work is not be carried out on Sunday or Public Holidays.
21. The development must be inspected at the following stages by the Principal Certifying Authority during construction:
a) At the commencement of the building work, and
b) Prior to pouring any in-situ reinforced concrete building element, and
d) After the building work has been completed and prior to any occupation certificate being issued in relation to the building by the Principal Certifying Authority.c) Prior to covering any stormwater drainage connections, and
22. A copy of the approved plans must be kept on site for the duration of site works and be made available upon request.
23. Construction material and vehicles shall not block or impede public use of footpaths or roadways.
24. Where any works are proposed in the public road reservation, the following applications must be made to Council, as applicable:
b) For construction/reconstruction of Council infrastructure, including vehicular crossings, footpath, kerb and gutter, stormwater drainage, an application must be made for a Roadworks Permit .a) For installation or replacement of private stormwater drainage lines or utility services, including water supply, sewerage, gas, electricity, etc. an application must be made for a Road Opening Permit .
Note: Private stormwater drainage is the pipeline(s) that provide the direct connection between the development site and Council’s stormwater drainage system, or street kerb and gutter.
PRIOR TO THE ISSUE OF AN OCCUPATION CERITFICATE
25. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the vehicle access and off street parking facilities have been constructed in accordance with the approved design and relevant Australian Standards.
Certification by a qualified practicing Civil Engineer that the vehicular access and off street parking facilities have been constructed in accordance the development consent and with relevant Australian Standards must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
26. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that all approved road, footpath and/or drainage works, including vehicle crossings, have been completed in the road reserve in accordance with Council Roadworks Permit approval.
Written notification from Council, that the works approved under the Roadworks Permit have been completed to its satisfaction and in accordance with the conditions of the Permit, must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
27. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards.
A plan showing pipe locations and diameters of the stormwater drainage system, together with certification by a Licensed Plumber or qualified practicing Civil Engineer that the drainage system has been constructed in accordance with the approved design and relevant Australian Standards, must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
ONGOING CONDITIONS OF CONSENT
28. All parked vehicles upon the site shall be parked so as to ensure the vehicle is contained wholly within the property boundary, with no part protruding over Council’s footpath or kerb.
29. The tree to be planted generally in the position shown on drawing numbered 773AFF Rev B shall be maintained in a healthy condition and should it become damaged or its condition materially deteriorate for any reason it shall be replaced with a tree selected from the same species list as shown on that plan.
30. No structures shall be erected in the front setback area of the site other than gates, fencing and dividing walls.
NOTES
A This Determination Notice operates or becomes effective from the endorsed date of consent.
B Failure to comply with the relevant provisions of the Environmental Planning and Assessment Act 1979 and/or the conditions of this consent may result in the serving of penalty notices or legal action.
C Works or activities other than those approved by this Development Consent will require the submission of a new development application or an application to modify the consent under Section 96 of the Environmental Planning and Assessment Act 1979.
D This development consent does not remove the need to obtain any other statutory consent or approval necessary under any other Act, such as (if necessary):
- a. Application for any activity under that Act, including any erection of a hoarding.
b. Application for a Place of Public Entertainment. Further building work may be required for this use in order to comply with the Building Code of Australia.
c. Application for a Construction Certificate under the Environmental Planning and Assessment Act 1979.
d. Application for an Occupation Certificate under the Environmental Planning and Assessment Act 1979.
e. Application for a Subdivision Certificate under the Environmental Planning and Assessment Act1979 if land (including stratum) subdivision of the development site is proposed.
f. Application for Strata Title Subdivision if strata title subdivision of the development is proposed.
g. Development Application for demolition if demolition is not approved by this consent.
h. Development Application for subdivision if consent for subdivision is not granted by this consent.
i. An application under the Roads Act 1993 for any footpath / public road occupation. A lease fee is payable for all occupations.
E. Prior to the issue of the Construction Certificate, the applicant must make contact with all relevant utility providers (such as Sydney Water, Energy Australia etc) whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained.
___________________
- T A Bly
Commissioner of the Court
ljr
Annexure ‘C’
Conditions of Consent
AK6 Pty Limited v Leichhardt City Council
Matter No. 10656 of 2009
01. Development must be carried out in accordance with Development Application No. D/2009/22 (Lot 103) and the following plans and supplementary documentation, except where amended by the conditions of this consent.
Plan Reference Drawn By Dated Drawings numbered (job no.) 771A-da Rev. A sheet 1 of 2 and sheet 2 of 2. Damar 19/1/2009
In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail.
01A. The approved plans are amended by the drawing numbered 773AFF Rev. B ‘Front Fence and Tree Location’, for Quay Projects 3 December 2009 which shows the following amendments:
a) The pergola and carport structure is deleted.
b) The car parking space is to be finished in sandstone block paving set a minimum 5cm apart with a grass species planted between, similar to that used at no 5A Alexander Street. Details of block dimensions and set out are to be provided to Council prior to construction.
c) The fence and gate facing Alexander Street are not to exceed a height of 1.2metres above finished ground level and are to be in metal and of an open design. Any style other than ‘Dura-Fenz Centurion’ (or similar) as per details forwarded to Council bearing the date 25/11/09 shall be forwarded to Council for approval prior to erection.
d) The side dividing fence between lot 103 and lot 102 (in the front yard) is not to exceed a height of 1.2 metres above finished ground level and is to be of masonry construction.
e) No structure, other than the approved fencing, is to be erected or installed between the south elevation of the approved dwelling house and Alexander Street/ Campbell Street.
f) The gates to the approved car space are to open inwards only (ie so that, when closed or in an open/opening position, the gate shall remain at all times inside the property boundary).
g) A tree shall be planted generally in the position shown on drawing numbered 773A-FF Rev B and selected from the species list on that plan.
i) All ‘soft landscaping’ areas are to be planted with shrubs to a minimum mature height of 1 metre.h) The bin spaces are to be provided within an enclosure not exceeding 1.2m above finished ground level such that the bins are fully screened from view from either Campbell or Alexander Street.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
02. Amended plans are to be submitted incorporating the following amendments:
a) The car space floor level must be amended to meet the requirements of condition 07.
The amendments are to be provided prior to the issue of a Construction Certificate.
03. In accordance with the provisions of Section 81A of the Environmental Planning and Assessment Act 1979 construction works approved by this consent must not commence until:
a) A Construction Certificate has been issued by Council or an Accredited Certifier. Either Council or an Accredited Certifier can act as the “Certifying Authority.”
c) At least two days notice, in writing has been given to Council of the intention to commence work.b) A Principal Certifying Authority has been appointed and Council has been notified in writing of the appointment.
The documentation required under this condition must show that the proposal complies with all Development Consent conditions, the Building Code of Australia and the relevant Australian Standards.
04. Prior to the commencement of works on the subject site or a Construction Certificate being issued for works approved by this development consent (whichever occurs first), a security deposit to the value of $3000 must be paid to Council to cover the costs associated with the road, footpath and drainage works required by this consent.
Video inspection must be carried out of completed stormwater drainage works that are to revert to Council and a copy provided to Council to support the certification of the works.Payment will be accepted in the form of cash, bank cheque, EFTPOS/credit card (to a maximum of $10,000) or bank guarantee. A request for release of the security may be made to the Council after all construction work has been completed. The amount nominated is only current for the financial year in which the consent was issued and is revised each financial year. The amount payable must be consistent with Council’s Fees and Charges in force at the date of payment.
05. In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, the applicant must pay a long service levy at the prescribed rate of 0.0035 of the total cost of the work to either the Long Service Payments Corporation or Council for any work costing $25,000 or more. The Long Service Levy is payable prior to the issue of a Construction Certificate.
06. The levels certificate, issued by Council, must be provided prior to the issue of a Construction Certificate. The certificate specifies the surface levels in the road reserve adjacent to the property that must be used as the basis for the design of vehicle or pedestrian accesses, finished floor levels, fences, vents and any structures in the vicinity of the property boundary.
The levels certificate may specify levels in the adjacent road reserve to be changed.
07. The design of the vehicular access and off street parking facilities must comply with Australian Standard AS/NZS2890.1-2004 Parking Facilities - Off-Street Car Parking. Details demonstrating compliance are to be provided prior to the issue of a Construction Certificate. The following specific issues must be addressed in the design:
a) The floor level of the parking space must be at least 150mm above the adjacent road gutter level across the full width of the vehicle crossing.
b) The floor/finished levels within the property must be adjusted to ensure that the levels at the boundary comply with those obtained in the Levels Certificate issued by Council. The longitudinal profile must comply with the Ground Clearance requirements of AS/NZS2890.1-2004.
c) Longitudinal sections along each outer edge of the access and parking facilities, extending to the centreline of the road carriageway must be provided, demonstrating compliance with the above requirements.
Note that the proposed driveway profiles on Sketch No 1 prepared by DAMAR dated January 19 2009 do not comply with Council’s boundary level requirements and the ground floor clearance requirements of AS/NZS2890.1:2004. Amendment will be required to meet the requirements of the Level Certificate.
e) The vehicle access opening shall have a minimum clear opening width of 3000mm.d) The parking module must have minimum clear internal dimensions of [6000 ] x [3000 ]mm (length x width).
The design must be certified by a suitably qualified Civil Engineer with NPER registration with the Institution of Engineers Australia.
08. A stormwater drainage design prepared by a Licensed Plumber or qualified practicing Civil Engineer must be provided prior to the issue of a Construction Certificate. The design must be prepared/ amended to make provision for the following:
b) All plumbing within the site must be carried out in accordance with Australian Standard AS/NZS 3500.3.2 Plumbing and Drainage – Stormwater Drainage - National Plumbing and Drainage Code .
a) Stormwater runoff from all roof and paved areas within the property must be collected in a system of gutters, pits and pipelines and be discharged together with overflow pipelines from any rainwater tank(s) by gravity to Sydney Harbour. Note that NSW Maritime approval will be required. Any requirements set by NSW Maritime must be adjered to.
- The design must be prepared by a Licensed Plumber or qualified Civil Engineer and be provided prior to the issue of a Construction Certificate.
09. The applicant must bear the cost of construction of the following works:
b) Reconstruction of the remainder of the Alexander Street frontage of the site with kerb and gutter and footpath in materials similar to those presently existing.a) Construction of a concrete vehicle crossing at the Alexander Street frontage of the site.
Development Consent does NOT give approval to undertake any works on Council property. An application must be made to Council for a Roadworks Permit under Section 138 of the Roads Act 1993 and Section 68 of the Local Government Act 1993 for approval to construct these works .
The Roadworks Permit must be provided prior to the issue of a Construction Certificate.
Note: The cost of adjustment or relocation of any public utility service shall be borne by the owner/applicant. Where the finished levels of the new works will result in changes to the existing surface levels, the cost of all necessary adjustments or transitions beyond the above scope of works shall be borne by the owner/applicant.These works must be constructed in accordance with the conditions of the Roadworks Permit and be completed prior to the issue of an Occupation Certificate.
10. A Soil and Water Management Plan must be provided prior to the issue of a Construction Certificate. The Soil and Water Management plan must be compatible with the Construction Management and Traffic Management Plan referred to in this Development Consent and must address, but is not limited to the following issues:
a) Minimise the area of soils exposed at any one time.
b) Conservation of top soil.
c) Identify and protect proposed stockpile locations.
d) Preserve existing vegetation. Identify revegetation technique and materials.
f) Control surface water flows through the site in a manner that:e) Prevent soil, sand, sediments leaving the site in an uncontrolled manner.
i) Diverts clean run-off around disturbed areas;
ii) Minimises slope gradient and flow distance within disturbed areas;
iii) Ensures surface run-off occurs at non erodable velocities;
iv) Ensures disturbed areas are promptly rehabilitated.
g) Sediment and erosion control measures in place before work commences.
h) Materials are not tracked onto the road by vehicles entering or leaving the site.
j) A durable sign, available from Council must be erected during the works in a prominent location on site, warning of penalties should appropriate measures required by the Soil and Water Management Plan not be maintained.i) Details of drainage to protect and drain the site during works.
11. Prior to the issue of a Construction Certificate, the applicant must prepare a Construction Management and Traffic Management Plan. The following matters should be addressed in the plan:
a) A plan view of the entire site and frontage roadways indicating:
i) The locations of proposed work zones in the frontage roadways.ii) Location of any proposed crane and concrete pump and truck standing areas on and off the site.
iii) Material, plant and spoil bin storage areas within the site, where all materials are to be dropped off and collected.
iv) An on-site parking area for employees, tradespersons and construction vehicles as far as possible.
vi) How it is proposed to ensure that soil/excavated material is not transported onto surrounding footpaths and roadways.v) The proposed areas within the site to be used for the storage of excavated material, construction materials and waste and recycling containers during the construction period.
b) Construction Noise
During excavation, demolition and construction phases, noise generated from the site must be controlled.c) Occupational Health and Safety
All site works must comply with the occupational health and safety requirements of the New South Wales Work Cover Authority.e) Traffic control plan(s) for the sited) Toilet Facilities
During excavation, demolition and construction phases, toilet facilities are to be provided on the site, at the rate of one toilet for every twenty (20) persons or part of twenty (20) persons employed at the site.
All traffic control plans must be in accordance with the Roads and Traffic Authority publication “Traffic Control Worksite Manual” and prepared by a suitably qualified person (minimum ‘red card’ qualification). The main stages of the development requiring specific construction management measures are to be identified and specific traffic control measures identified for each stage.
Approval is to be obtained from Council for any temporary road closures or crane use from public property. Applications to Council shall be made a minimum of 4 weeks prior to the activity proposed being undertaken.
PRIOR TO THE COMMENCEMENT OF WORKS
12. The site must be secured and fenced prior to works commencing. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling onto public property. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons on public property.
If the work involves the erection or demolition of a building and is likely to cause pedestrian or vehicular traffic on public property to be obstructed or rendered inconvenient, or building involves the enclosure of public property, a hoarding or fence must be erected between the work site and the public property.
Any hoarding, fence or awning is to be removed when the work is completed.Separate approval is required to erect a hoarding or temporary fence on public property. Approvals for hoardings, scaffolding on public land must be obtained and clearly displayed on site for the duration of the works.
13. The Home Building Act 1989 requires that insurance must be obtained from an insurance company approved by the Department of Fair Trading prior to the commencement of works approved by this Development Consent.
If Council is nominated as the Principal Certifying Authority then a copy of the certificate of insurance must be submitted to Council prior to the works commencing.
In all other cases, written notice must be given to Council of:If the work is to be undertaken by an owner-builder, written notice of their name and owner-builder permit number must be submitted to Council.
b) the name of the insurer by which the work is insured under Part 6 of the Home Building Act 1989.a) the name and licence number of the principal contractor and
This condition does not apply in relation to Crown building work that is certified, in accordance with Section 116G of the Environmental Planning and Assessment Act 1979, to comply with the technical provisions of the State’s building laws.If arrangements for doing the residential work are changed while the work is in progress, further work must not be carried out unless the Certifying Authority has given Council written notice of the updated information.
14. Any person or contractor undertaking works on public property must take out Public Risk Insurance with a minimum cover of ten (10) million dollars in relation to the occupation of, and approved works within public property. The Policy is to note, and provide protection for Leichhardt Council, as an interested party and a copy of the Policy must be submitted to Council prior to commencement of the works. The Policy must be valid for the entire period that the works are being undertaken on public property.
15. Prior to the commencement of works, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder intending to carry out the approved works.
16. At least forty-eight (48) hours prior to the commencement of works, a notice of commencement form and details of the appointed Principal Certifying Authority shall be submitted to Council.
17. An application for any of the following on public property (footpaths, roads, reserves) shall be submitted and approved by Council prior to the commencement of works.
a) Construction zone.
b) A pumping permit.
c) Mobile crane.
d) Skip bins other than those authorised by Leichhardt Council.
18. Prior to the commencement of works, a sign must be erected in a prominent position on the site on which the proposal is being carried out. The sign must state:
a) Unauthorised entry to the work site is prohibited.
c) The name, address and telephone number of the Certifying Authority for the work.b) The name of the principal contractor (or person in charge of the site) and a telephone number at which that person may be contacted at any time for business purposes and outside working hours.
Any such sign must be maintained while the work is being carried out, but must be removed when the work has been completed.
DURING WORKS
19. Building materials and machinery are to be located wholly on site.
20. Excavation, building or subdivision work must be restricted to the hours of 7:00am to 5:30pm Monday to Friday inclusive, 7:00am to 1:00pm Saturday. Work is not be carried out on Sunday or Public Holidays.
21. The development must be inspected at the following stages by the Principal Certifying Authority during construction:
a) At the commencement of the building work, and
b) Prior to pouring any in-situ reinforced concrete building element, and
d) After the building work has been completed and prior to any occupation certificate being issued in relation to the building by the Principal Certifying Authority.c) Prior to covering any stormwater drainage connections, and
22. A copy of the approved plans must be kept on site for the duration of site works and be made available upon request.
23. Construction material and vehicles shall not block or impede public use of footpaths or roadways.
24. Where any works are proposed in the public road reservation, the following applications must be made to Council, as applicable:
b) For construction/reconstruction of Council infrastructure, including vehicular crossings, footpath, kerb and gutter, stormwater drainage, an application must be made for a Roadworks Permit .a) For installation or replacement of private stormwater drainage lines or utility services, including water supply, sewerage, gas, electricity, etc. an application must be made for a Road Opening Permit .
Note: Private stormwater drainage is the pipeline(s) that provide the direct connection between the development site and Council’s stormwater drainage system, or street kerb and gutter.
PRIOR TO THE ISSUE OF AN OCCUPATION CERITFICATE
25. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the vehicle access and off street parking facilities have been constructed in accordance with the approved design and relevant Australian Standards.
Certification by a qualified practicing Civil Engineer that the vehicular access and off street parking facilities have been constructed in accordance the development consent and with relevant Australian Standards must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
26. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that all approved road, footpath and/or drainage works, including vehicle crossings, have been completed in the road reserve in accordance with Council Roadworks Permit approval.
Written notification from Council, that the works approved under the Roadworks Permit have been completed to its satisfaction and in accordance with the conditions of the Permit, must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
27. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority must ensure that the stormwater drainage system has been constructed in accordance with the approved design and relevant Australian Standards.
A plan showing pipe locations and diameters of the stormwater drainage system, together with certification by a Licensed Plumber or qualified practicing Civil Engineer that the drainage system has been constructed in accordance with the approved design and relevant Australian Standards, must be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
ONGOING CONDITIONS OF CONSENT
28. All parked vehicles upon the site shall be parked so as to ensure the vehicle is contained wholly within the property boundary, with no part protruding over Council’s footpath or kerb.
29. The tree to be planted generally in the position shown on drawing numbered 773AFF Rev B shall be maintained in a healthy condition and should it become damaged or its condition materially deteriorate for any reason it shall be replaced with a tree selected from the same species list as shown on that plan.
30. No structures shall be erected in the front setback area of the site other than gates, fencing and dividing walls.
NOTES
A This Determination Notice operates or becomes effective from the endorsed date of consent.
B Failure to comply with the relevant provisions of the Environmental Planning and Assessment Act 1979 and/or the conditions of this consent may result in the serving of penalty notices or legal action.
C Works or activities other than those approved by this Development Consent will require the submission of a new development application or an application to modify the consent under Section 96 of the Environmental Planning and Assessment Act 1979.
D This development consent does not remove the need to obtain any other statutory consent or approval necessary under any other Act, such as (if necessary):
- a Application for any activity under that Act, including any erection of a hoarding.
b Application for a Place of Public Entertainment. Further building work may be required for this use in order to comply with the Building Code of Australia.
c Application for a Construction Certificate under the Environmental Planning and Assessment Act 1979.
d Application for an Occupation Certificate under the Environmental Planning and Assessment Act 1979.
e Application for a Subdivision Certificate under the Environmental Planning and Assessment Act1979 if land (including stratum) subdivision of the development site is proposed.
f Application for Strata Title Subdivision if strata title subdivision of the development is proposed.
g Development Application for demolition if demolition is not approved by this consent.
h Development Application for subdivision if consent for subdivision is not granted by this consent.
i An application under the Roads Act 1993 for any footpath / public road occupation. A lease fee is payable for all occupations.
E Prior to the issue of the Construction Certificate, the applicant must make contact with all relevant utility providers (such as Sydney Water, Energy Australia etc) whose services will be impacted upon by the development. A written copy of the requirements of each provider, as determined necessary by the Certifying Authority, must be obtained.
___________________
- T A Bly
Commissioner of the Court
ljr
0
0
1