Azzure - Blacktown Pty Ltd v Blacktown City Council - [2009] NSWLEC 1157

Land and Environment Court

of New South Wales

CITATION: Azzure - Blacktown Pty Ltd v Blacktown City Council [2009] NSWLEC 1157
This decision has been amended. Please see the end of the judgment for a list of the amendments.

PARTIES:
APPLICANT
Azzure - Blacktown Pty Ltd
RESPONDENT
Blacktown City Council

FILE NUMBER(S): 10022 of 2009

CORAM: Bly C

KEY ISSUES: DEVELOPMENT APPLICATION :- a mixed-use development comprising a service station and including a convenience store, car-wash and three small industrial units

LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Blacktown Local Environmental Plan 1988
Blacktown Development Control Plan 2006

DATES OF HEARING: 30 April 2009 and 4 May 2009

DATE OF JUDGMENT:
22 May 2009

LEGAL REPRESENTATIVES:
APPLICANT
Mr M Astill (solicitor)
SOLICITOR
Blake Dawson
RESPONDENT
Mr S Simmington (solicitor)
SOLICITOR
Lindsay Taylor Lawyers

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Bly C

22 May 2009

10022 of 2009 Azzure - Blacktown Pty Ltd v Blacktown City Council
JUDGMENT

Introduction

1 This appeal relates to a development application for a mixed-use development comprising a service station and including a convenience store, car-wash and three small industrial units at 132 – 136 Sunnyholt Road Blacktown.

2 The relatively level site has an area of 5,900m2 with a frontage to Sunnyholt Road of 91.44m. It is presently developed with several older style industrial buildings that are to be demolished.

3 Surrounding lands are predominantly industrial, including industries, warehouses and automotive retail. Also there are two service stations; 70m and 190m to the north on the same side of Sunnyholt Road as the site. Sunnyholt Road has a median divided carriageway with two lanes in front of and to the north and south of the site.

Planning controls

4 The site is zoned 4(b) Light Industrial under Blacktown Local Environmental Plan 1988. Under the LEP a service station is permissible with development consent. Also applicable is the Blacktown Development Control Plan 2006 that contains in Part E, provisions dealing with development in industrial zones.

5 The application was advertised and three objections including a petition (over 2000 signatures) were received. These submissions identified a number of concerns in relation to the proposal:

Materials submitted with the application including the survey plan and the statement of environmental effects are inadequate.
The area is well served by existing service stations and is therefore unnecessary. It will also have adverse commercial impacts on these existing businesses.
It is questionable as to whether a service station and carwash are permissible in the zone. Also the applicable zone objectives and other controls in the LEP are not met.
An existing tree will not be retained.
The proposal needs to be further considered in terms of noise generation and site security.

6 When the hearing began on-site I heard from two of these objectors who explained at length these and other concerns, mainly involving traffic congestion and safety. Apparently, particularly during peak hours there is considerable traffic congestion resulting from high traffic volumes in this locality on Sunnyholt Road. This means that traffic leaving the site and wishing to turn right at the Turner Street intersection would need to cross two lanes of traffic in a relatively short distance. Also the deceleration lane is too short for 70 km/h traffic and should be made to comply with the RTA Guide requirement especially bearing in mind that it will be used as a queuing Lane. The area has a high accident history and the proposal will make this worse

Referral to RTA

7 Being positioned on a main road the application was referred to the Roads and Traffic Authority who advised on 7 August 2008 that there were no objections to the proposal is subject to a number of conditions of consent. A further advice from the RTA on 11 March 2009 is to the same effect.

8 On 18 March 2009 the council resolved to support the decision of its Planning and Development Committee's recommendation that the council refuse to grant development consent on the following traffic grounds:

I. The subject land does not provide for a deceleration lane of adequate length to enable safe traffic entry to the proposed development, particularly as the length of the deceleration lane does not meet the normal Roads and Traffic Authority length requirement of 55 m;

II. The subject land is located such that egress movements from the proposed development would create an unsafe traffic situation in Sunnyholt Road in the vicinity of the Turner Street intersection and the crossing of several lanes of traffic following exit from the site and that safety conflict will occur between vehicles leaving the subject site and those vehicles decelerating in Sunnyholt Road in order to enter the adjacent existing service station to the north.

9 In essence the respondent council contends that:

The proposal could create unacceptable traffic impacts because:

10 Relevant to these contentions the provisions of the DCP require in:

Part A s 5.4.2: that ingress and egress to or from the site be located where they will cause least interference with vehicular and pedestrian movement on public roads.
Part E s 4.7: that adequate vehicular entrance to and exit from the development is to be provided and designed in order to provide safety for pedestrians and vehicles using the site and adjacent roadways and that development to comply with the requirements of the Roads and Traffic Authority in relation to the number, location and design of vehicular entry and exit points and/or certain road construction works.

11 The introductory explanation in Section 4.8.2 of the RTA’s Guide (Auxiliary Lanes at Intersections) states that:

At an intersection, and auxiliary lane is an additional lane (or lanes) added to the through carriageway for safety and/or intersection capacity purposes. ... to maintain capacity of the through road, an auxiliary lane should be designed to operate with very minor interference to the through movement.

12 The length of the lane is governed by whether: the approach vehicle needs to stop; the geometry of the turn; the need for storage of curing vehicles; and acceleration from the turning speed. More generally for a deceleration lane the preference is to have the lane's length governed by full deceleration wholly within it. Despite this the Guide provides that:

A shorter length can be considered for economic reasons where turning volumes are low and the auxiliary lane has been provided basically to shelter the turning vehicle. Deceleration will occur partially in the approach through lane with the resultant diverge speed being shorter due to a lower entering travel speed.

The shorter length can be justified on dual carriageway is where the intersecting side road serves a small village, local property access or U turn facility for properties/emergency vehicles. Similarly on a two lane two-way road it can be justified where the intersection approach has inadequate sight distance and the auxiliary lane is catering for small turning volumes and acting basically as a shelter.

13 This application includes a proposal to construct a slip or deceleration lane beginning at the southeast corner of the site and extending along its frontage a distance of 35 m. In their joint report, the traffic-engineering consultants Mr C Hallam (for the council) and Mr R Nettle (for the applicant) considered the deceleration lane contention in the light of Table 4.8.3 in the RTA's Guide.

Table 4.8.3 in sub-section b.ii) of the Guide provides Deceleration distances required for a vehicle on a level grade and for a 70 km/h Design speed of approach road, a comfortable Length of Deceleration lane is 75m and a maximum Length of Deceleration lane is 55m. These distances are for bringing the approaching vehicle to a complete stop within the length of the lane. The table also shows that shorter lengths are required if the vehicle is not required to come to a complete stop within the lane.

14 In this context the RTA and advised that:

The minimum length for a deceleration lane in a 70 km/h zone, according to the RTA Road Design Guide is generally 55 m. However, given the constraints of the development site the RTA will in this instance require the proposed deceleration lane to be of a minimum length of 35 m...

15 Mr Hallam nevertheless prefers the provision of a 55 m deceleration lane. However accepting that approaching drivers will need to slow down from 70 km/h before actually entering the proposed deceleration lane and taking into account the advice of the RTA, a 35m deceleration lane is not a sufficient reason to refuse development consent. Mr Neville insisted that the circumstances of deceleration access for service station developments are different to a normal road intersection, an approach commonly taken by the RTA. There was no dispute between the experts that there is no need to adjust the required length to take into account the gradient of Sunnyholt Road.

16 In response to the objector's concerns that this part of Sunnyholt Road has a significant accident history, Mr Hallam provided evidence as to the number and location of traffic accidents over a five-year period. These accidents predominantly comprise rear end collisions at the four nearby intersections although there were five rear end collisions at Bessemer Street some distance to the south that were analogous to a rear-end accident occurring at the start of the slip lane into the subject site. The traffic experts agreed that these accidents did not change their opinions in relation to the deceleration line.

17 Whilst it is plain that Section 4.8.2 of the Guide principally applies to road intersections the reference in the introductory explanation to local property access reveals that the section can be utilised for the design of deceleration lanes of the kind here proposed. Importantly the section recognizes that shorter deceleration lanes can be provided in circumstances essentially where:

There is an economic reason for doing so.
Turning volumes are low.
The lane is provided to shelter turning vehicles.
A dual carriageway is involved.
Some deceleration can take place in the through-lane

18 Although the RTA does not say so in its advice, it can be reasonably presumed that it took into account its own Guide including these matters when it decided not to oppose the proposal in its present form.

19 In addition to these matters it is also relevant to take into account that occasionally the deceleration lane will be used by vehicles queuing to get onto the site and such queuing effectively shortens the lane, requiring vehicles to decelerate even further in the through lane.

20 Taking all of these matters into account and relying on the expert evidence I accept that it is not necessary that there be provided for this proposal a 75 m or even a 55 m deceleration lane. Hence the question to be answered is whether the proposed 35 m deceleration lane that is 20 m shorter than the lesser of these two standards is sufficient.

21 In my opinion it is in the public interest that new developments provide within reason the best possible road safety facilities so as to minimise the likelihood of traffic accidents. Similarly access to sites should be designed to minimise interference to through traffic movement and preferably deceleration lanes should facilitate full deceleration within them. Hence if there is a solution that, taking into account any constraints of the site, can increase the length of the deceleration lane so as to more closely respond to the RTA's Guide without requiring unreasonable modifications to the proposal then this should be considered.

22 To this end Mr Hallam provided a slightly amended design (Alternative A in Exhibit D) that enables the provision of a 39 m deceleration lane, 4 m longer than that presently proposed. This design deletes the one-way vehicle circuit around the site (and behind the convenience store) and replaces it with a two way central access arrangement. It has the benefit of significantly improving the egress arrangements onto Sunnyholt Road for larger vehicles.

23 However Alternative A was opposed by the applicant because it would deny access to two fuel bowser filling points and would increase on-site congestion by creating a significant vehicle conflict point between vehicles entering and leaving the site. This congestion could extend onto the proposed deceleration lane.

24 During the hearing a third alternative was considered (Alternative B in Exhibit D), being a variation of the above-mentioned Alternative A, that retains the 39 m deceleration line. It would create a one-way loop arrangement that retains Alternative A's alternative ingress and egress arrangements by providing a route similar to the original proposal but extending via the driveway between the bowsers and the convenience store. Whilst the car parking arrangement would need to be reconfigured there would be no loss of parking spaces.

25 Alternative B avoids the main disadvantages of Alternative A but maintains its advantages. Despite this, it would cause some pedestrian/vehicular congestion in front of the convenience store that would otherwise not occur. The experts nevertheless agreed that the additional traffic using this route (in addition to the vehicles departing from the bowser area) that would cause additional congestion but this would not be significant.

26 On behalf of the respondent it was submitted that the provision of a 39 m deceleration lane for this significant development was not unreasonable and would cause no real disadvantage to the applicant. It was submitted on behalf of the applicant that, taking into account that the experts did not suggest that the original design was not safe there was no warrant for its refusal. Despite this, in my opinion and as discussed above it is, in the public interest, appropriate that the longer deceleration lane be provided. It would also be an appropriate response to the safety and efficiency purposes of Part A - s 5.4.2 and Part E - s 4.7 of the DCP.

27 A condition requiring the design to be amended in accordance with Alternative B is to be incorporated into the otherwise agreed conditions of consent.

Traffic impacts - Sunnyholt Road

28 In their joint report that traffic experts addressed the issue of whether vehicles exiting the site could create unacceptable traffic impacts on Sunnyholt Road, particularly as those vehicles travel towards and through the Turner Street intersection and taking also into account the location of the exit in the vicinity of the entry to the existing service station at 148 Sunnyholt Road. As described above these matters are of concern to the objectors.

29 As required by the RTA, Transport and Traffic Planning Associates (accredited RTA auditors) prepared a road safety audit (April 2009). This audit examines the proposed egress driveway in the context of nearby land use and the traffic environment in Sunnyholt Road including visibility and relationship to nearby driveways and intersections. It tests several scenarios involving the potential for collisions between vehicles exiting the site and vehicles travelling along Sunnyholt Road either as through traffic or accessing/egressing nearby sites.

30 It concludes that the proposed egress arrangement is not dissimilar to many locations through the Sydney metropolitan area and is not considered to be hazardous. Hence no corrective actions are required.

31 Whilst the audit did not address the issue of trucks leaving the site, the experts agree that the egress arrangement as proposed would be satisfactory. They also agreed that the arrangement indicated in Alternative A and Alternative B would be an improvement on the original proposal, making it easier for tankers and trucks to egress the site. In particular these alternatives assist in ensuring that these larger vehicles can exit the site in a manner that does not involve encroaching on more than one traffic lane in Sunnyholt Road.

32 In relation to the above-mentioned recent traffic accident history for Sunnyholt Road in the vicinity of the site the experts again agreed that this does not change any of their conclusions in relation to the proposal.

33 Whilst the objectors are concerned about traffic safety aspects in relation to vehicles egressing the site, this does not overcome the agreed traffic evidence provided by the two experts. I accept their evidence and am satisfied that the alternative designs comprise an appropriate response to the safety and efficiency purposes of Part A - s 5.4.2 and Part E - s 4.7 of the DCP.

rders

34 Therefore, for the reasons given above, the orders of the Court are:

1. The appeal is upheld.
2. The development application for a mixed-use development comprising a service station, including a convenience store, car-wash and three small industrial units at 132 – 136 Sunnyholt Road Blacktown is determined by the granting of development consent subject to the conditions in Annexure A hereto.
3. Exhibit 8 and F are retained.

______________________

TA Bly

Commissioner of the Court

Note: Condition No. 2.4.1(a) has been amended pursuant to Rule 36.17 of the Uniform Civil Procedure Rules 2005 (“the Slip Rule”) on 2 June 2009.

Annexure ‘A’

Conditions of Consent

Azzure – Blacktown Pty Ltd vBlacktown City Council ats

1 Advisory Notes

1.1 Terminology

1.1.1 Any reference in this document to a "consent" means a "development consent" defined in the Environmental Planning and Assessment Act 1979.

1.1.2 Any reference in this consent to a Construction, Compliance, Occupation or Subdivision Certificate is a reference to a certificate as defined by Section 109C of the Environmental Planning and Assessment Act 1979.

1.2 Scope of Consent

1.2.1 Separate development consent is required from Council prior to the use of each individual industrial unit. The applicant is advised to contact Council’s Development Services Unit in this regard.

1.2.2 The granting of this consent does not imply or confer compliance with the requirements of the Disability Discrimination Act 1992. The applicant is advised to investigate any liability that may apply under that Act. The current suite of Australian Standard 1428 - Design for Access and Mobility, should be consulted for guidance. The prescriptive requirements of Part 1 of the Standard apply to certain buildings requiring development consent.

1.2.3 Should it be intended to subdivide the approved development into strata title allotments, Council will require the lodgement of a separate Development Application for consideration. Council advises that any new Development Application for Strata Subdivision will not be approved until such time as the approved development has reached practical completion and issues such as visitor car parking, internal and external boundary fencing, landscaping or any other works required in accordance with this Notice of Determination and all associated Construction Certificates have been fully completed to Council's satisfaction.

1.2.4 The applicant is advised that Council will not release the Subdivision Certificate for the approved development until such time as the development has been completed in accordance with all of the conditions of consent, to Council's satisfaction.

1.3 Other Approvals

1.3.1 A separate valid Construction Certificate shall be issued prior to commencement of any construction works.

1.3.2 The applicant’s attention is drawn to the need to obtain Council’s separate approval for any ancillary development not approved by this consent, including:

(a) the removal of any tree(s) not indicated on the approved plans and any tree(s) located greater than 3 metres from the building perimeter, and
(b) any fence, retaining wall, land excavation or filling, advertising structure or other development not being exempt development under Council's Local Environmental Plan, and
(c) the installation of any water storage tanks.

1.3.3 The applicant’s attention is drawn to the need to obtain Council’s separate approval for any ancillary activity not approved by this consent, including the installation of a vehicular footway crossing servicing the development.

1.3.4 This consent does not authorise the encroachment or overhang of any building or structure over or within any easement.

1.3.5 This consent is valid for a period of two (2) years effective from the date of this consent.

1.4 Services

1.4.1 The applicant is advised to consult with:

(a) Sydney Water Corporation Limited
(b) Integral Energy
(c) Natural Gas Company
(d) The relevant local telecommunications carrier

regarding any requirements for the provision of services to the development and the location of existing services that may be affected by proposed works, either on the land or on the adjacent public road(s).

All approved building construction plans attached to the Construction Certificate should be submitted to and stamped by a Sydney Water Corporation Limited Customer Centre or a Sydney Water Quick Check Agent as an indication that the proposal complies with the Sydney Water requirements. Sydney Water may also require the applicant to obtain a Trade Waste Approval as part of the operation of the approved development. Enquiries should be made to ascertain the Sydney Water requirements for the eventual operation of the approved use.

1.4.2 Information regarding the location of underground services may be obtained from the Sydney “Dial Before You Dig” service, telephone number 1100, fax number (02) 9806 0777. Inquirers should provide the street/road name and number, side of street/road name and the nearest cross street/road name.

1.4.3 Prior to any demolition works, all services or utilities should be disconnected in consultation with the relevant service provider.

1.5 Tree Planting and Service Locations

1.5.1 In order to facilitate street tree planting that does not impact on public utilities, the applicant is advised to liaise with the relevant service authorities regarding the location and use of their specific service allocation within the public road reserve. These authorities have indicated that it may be possible to lay services on opposite sides of the road thereby providing larger areas for tree planting.

1.6 Food Premises

1.6.1 This consent is to be read in conjunction with the requirements of Council’s Code for Food Premises.

1.6.2 The floor waste may need to be connected to a trade waste arrestor. In this regard the applicant is advised to contact the Sydney Water’s Waste Water Source Control Branch at 18 Leabons Lane, Seven Hills.

1.7 Section 94 Contributions

1.7.1 It may be possible to reduce the Section 94 contribution(s) by carrying out works as part of a 'Works-in-Kind' agreement with Council. This matter will need to be the subject of further discussion with Council's officers.

1.8 Demolition

1.8.1 Where any work on an older building is proposed, the applicant should ascertain whether the building contains any contaminants that may present a potential health risk to humans (including asbestos, lead-based paint and the like) and apply appropriate precautions during the work. Further information regarding safe working methods may be obtained from the following organisations and publications (including those which may supersede such publications):

a. NSW WorkCover Authority (Ph: 13 10 50) – “Short Guide to Working with Asbestos”,
b. NSW Department of Environment and Conservation (Ph: 9995-5000) – “A Guide to Keep Your Family Safe from Lead”, “A Renovators Guide to the Dangers of Lead”,
c. “Code of Practice for the Safe Removal of Asbestos” – National Occupational Health and Safety Commission:2002 (1988),
d. Australian Standard 4361.1-1995 – Guide to Lead Paint Management (Industrial Applications),
e. Australian Standard 4361.2-1998 – Guide to Lead Paint Management (Residential and Commercial Applications), and
f. Australian Standard 2601-2001 – The Demolition of Structures.

1.9 Identification Survey

1.9.1 The applicant is advised to obtain an identification survey from a registered surveyor to ascertain the correct location of the property boundaries, and to ensure the development does not encroach upon adjoining properties.

2 General

2.1 Scope of Consent

This consent relates to the following drawings/details submitted to Council with the Development Application, subject to compliance with any other conditions of this consent:

Drawing No. Dated Council’s File Enclosure No.

Site Plan 14 August 2008 59AE
Dwg No.SK13F

Convenience Store Floor Plan August 2008 59AC
Dwg No. SK02, Sheet 1 of 2 Rev A

Elevations 02.06.08 1F
Dwg No.SK14A

Sections 02.06.08 1G
Dwg No.SK15A

Signage Reference Plan 14 August 2008 1H
Dwg No.SK16B

Colour Schedule 14.05.08 1I
Dwg No.SK17

Landscape Concept Plan 27.04.08 1M
Dwg No.1046-LD01

2.2 Necessary Plan Amendments

2.2.1 The following plan amendments shall be included on or addressed by any Construction Certificate relating to the approved development:

(a) In accordance with the plan marked “Appendix A” hereto, (Exhibit 8 in Land and Environment Court proceedings 10022 of 2009 and “Annexure A” to Exhibit 7) except that the driveway between the “Petrol Forecourt” and the parking spaces in front of the “Coles Express Store” is to be facilitated/utilised as the egress driveway for the car wash and the industrial units by the rearrangement of the affected car parking spaces approximately opposite the “Office” of “Light Industrial Unit 3”.

(b) As shown on the plan referred to in (a) above the vehicular egress to Sunnyholt Road shall retain a 6m separation from the property boundary.

2.3 Suburb Name

The land the subject of this consent is known to be located in the following suburb. This suburb name shall be used for all correspondence and property transactions:

Suburb: BLACKTOWN

2.4 Other Matters – Roads and Traffic Authority

2.4.1 The following requirements of the NSW Roads and Traffic Authority be implemented as part of the development:

(a) Land dedication as a public road from the subject site for the proposed deceleration lane is required at no cost to the RTA. This must include dedication of 3.5m of land behind the kerb, measured from the face of the kerb of the proposed deceleration lane, for the purposes of a pedestrian footpath and to house utilities.

(b) The proposed deceleration lane/accesses along Sunnyholt Road shall be designed to meet RTA’s requirements, and endorsed by a suitably qualified and chartered Engineer (ie who is registered with the Institute of Engineers, Australia). The design requirements shall be in accordance with the RTA’s Road Design Guide and other Australian Codes of Practice. The certified copies of the civil design plans shall be submitted to the RTA for consideration and approval prior to the release of construction certificate and commencement of road works.

i) The RTA fees for administration, plan checking, civil works inspections and project management shall be paid by the developer prior to the commencement of works.

ii) The developer may be required to enter into a Works Authorisation Deed (WAD) for the abovementioned works. If required, the WAD will need to be executed prior to the RTA’s assessment of the detailed civil design plans.

(c) Any redundant vehicular crossings are to be removed, kerb and gutter replaced and road pavement restored to RTA standards.

(d) If not already in place, full time “No stopping” restrictions are to be implemented along the Sunnyholt Road frontage of the development site. This restriction should be implemented prior to the commencement of any demolition works relating to the development. Prior to the installation of the parking restrictions the Applicant is to contact the RTA’s Traffic Management Services on phone: (02) 8849 2294 for a works instruction.

(e) The swept path of Medium Rigid Vehicles (MRV-8.8m in length) entering and exiting the subject site, as well as circulation throughout the site, shall be in accordance with Austroads. A swept path plan shall be submitted to Council and the RTA for approval illustrating compliance with this requirement prior to the issue of any construction certificate to ensure the following:

i) that the manoeuvrability of 8.8m rigid vehicles in the internal circulating driveway is not restricted throughout the site. In particular, that adequate manoeuvrability is available in the internal driveway at the northern side of the convenience store and that the swept path of these vehicles is adequate for safe exit of the site on to the northern carriageway of Sunnyholt Road without encroaching onto the central median.

(f) The swept path of tankers 19m in length entering and exiting the subject site shall be in accordance with Austroads. A swept path plan shall be submitted to Council and the RTA illustrating compliance with this requirement prior to the issue of any construction certificate and to ensure tankers safely exit onto the northern carriageway of Sunnyholt Road without encroachment onto the central median.

(g) Post development stormwater discharge from the subject site into the RTA drainage system shall not exceed the pre-development discharge.

(h) Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to the RTA for approval, prior to the commencement of any works. Details should be forwarded to:- The Sydney Asset Management, PO Box 973, Parramatta CBD NSW 2124. A plan checking fee may be payable and a performance bond may be required before the RTA’s approval is issued. With regard to the Civil Works requirement please contact RTA’s Project Engineer, External Works Ph: 8849 2114 or Fax: 8849 2766.

(i) The developer shall be responsible for all public utility adjustment/relocation works, necessitated by the above work and as required by the various public utility authorities and/or their agents.

(j) All works including regulatory signposting associated with the proposed development are to be at no cost to the RTA.

(k) The separate car parking areas, entry/exit points and the internal circulating driveway must be clearly delineated through line marking and signage to ensure smooth, safe traffic flow and to reduce vehicle conflict.

(l) The required site lines to pedestrians and other vehicles in or around the car park or entrances are not to be compromised by landscaping, signage, fencing or display materials.

(m) Inlets to bulk storage tanks must be situated so that while discharging fuel, tankers stand completely on the site and do not obstruct the safe and convenient entry to the site by other vehicles.

2.5 Engineering Matters

2.5.1 Definitions

2.5.1.1 Where this consent requires both engineering and building works to be undertaken, a separate Construction Certificate may be issued for each category of works i.e. a separate construction Certificate for the Engineering works nominated in “Prior to Construction Certificate (Engineering)” and a separate Construction Certificate (for all building works relating to the erection and fit-out of a structure). This excludes all works on existing public roads significant enough to warrant separate engineering approval pursuant to the Road Act 1993. In relation to this consent, an engineering approval pursuant to the Road Act, 1993 or Section 68 of the Local Government Act must be issued for construction of the slip lane and construction of stormwater discharge connection prior to the issue of the Construction Certificate.

In lieu of issuing a separate Construction Certificate, the above-mentioned engineering works can be included on an overall Construction Certificate provided that SPECIFIC REFERENCE is made to the relevant Engineering works. In such instances, the certifier shall provide evidence that they are accredited to do so. This is not applicable where Roads Act or Local Government Act Approvals are required.

Council does not permit the private certification of works on existing public roads or reserves, or any land under the care and control of Council. In this regard Council will not accept a Construction or Compliance Certificate from a Private Certifier for any works on Sunnyholt Road.

2.5.1.2 Any Construction Certificate issued in relation to this consent shall incorporate and address the design of those works required by Scope of Engineering Works and other sections of this consent which do not require separate Roads Act 1993 or Local Government Act 1993 approval and any ancillary works necessary to make the construction effective. All works on existing public roads require separate engineering approval pursuant to the Roads Act 1993.

2.5.1.3 Prior to the issue of any Construction Certificate for the approved development it is necessary to obtain the separate approval of Council and the RTA pursuant to the Roads Act 1993 for all relevant civil works on existing public roads as nominated in “Prior to Construction Certificate (Engineering)” and/or “Scope of Engineering Works and other sections of this consent ” The application for this Engineering Approval must be made on the prescribed form and is to include detailed design plans and specifications prepared by a Chartered Professional Engineer or suitably experienced Registered Surveyor.

2.5.2 Design and Works Specification

2.5.2.1 All engineering works required by Scope of Engineering Works and other sections of this consent must be designed and undertaken in accordance with the relevant aspects of the following documents except as otherwise authorised by this consent:

(a) Blacktown City Council's Works Specification - Civil (Current Version)

(b) Blacktown City Council's Engineering Guide for Development (Current Version)

(c) Blacktown City Council Development Control Plan (Current Version)

(d) Blacktown City Council Soil Erosion and Sediment Control Policy (Current Version

(e) Blacktown City Council On Site Detention General Guidelines and Checklist

(f) Upper Parramatta River Catchment Trust On Site Stormwater Detention Handbook Third Edition December 1999.

(g) Blacktown City Council Stormwater Quality Control Policy

Design plans, calculations and other supporting documentations prepared in accordance with the above requirements MUST be submitted to Council with any application for Construction Certificate, Road Act 1993 or Local Government Act 1993 Approval.

Any Construction Certificates issued by Private Certifiers must also be accompanied by the above documentations.
NOTE: Any variations from these design requirements must be separately approved by Council.

2.5.3 Payment of Engineering Fees

2.5.3.1 If it is the applicant’s intention to engage Council to undertake the checking of the engineering design plans and the issue of the Construction Certificate for the engineering works nominated in the “Prior to Construction Certificate (Engineering)” section, it will be necessary to submit the relevant engineering plans to obtain a quote for this service.

A verbal quote will be provided within 48 hours based upon Council's Goods and Services Pricing Schedule. This will also be confirmed in writing.

2.5.3.2 If it is the applicant’s intention to engage Council to undertake Construction inspections and the issue of the Compliance Certificate for engineering works, it will be necessary to contact Council's Development Services Engineer for a quote.

A verbal quote will be provided within 48 hours based upon Council's Goods and Services Pricing Schedule. This will also be confirmed in writing.

2.5.3.3 Fees are required to be paid to Council's Development Services Unit pursuant to Section 223 of the Roads Act 1993 for;

(a) The checking of engineering drawings for stormwater drainage connection and footpath construction and the issue of an Engineering Approval pursuant to the Roads Act 1993.

2.5.4 Other Fee and Bond/Securities

2.5.4.1 Prior to release of any bond securities held by Council for civil engineering works payment of a bond release inspection fee in accordance with Council's Goods and Services Pricing Schedule must be made.

2.5.5 Other Necessary Approvals

2.5.5.1 A separate application or details (as necessary) shall be submitted for the separate approval of Council under the provisions of the Local Government Act 1993 and/or the Roads Act 1993 for any of the following (a) The installation of a vehicular footway crossing servicing the development as required by “Scope of Engineering Works and other sections of this consent” (b) Works on or occupation of existing public roads - that are not covered by a Roads Act Approval - which may require a Road Occupancy Licence or Work Zone Permit.

2.6 Other Matters

2.6.1 No construction preparatory work (including tree or vegetation removal, ground clearing, excavation, filling, and the like) shall be undertaken on the land prior to a valid Construction Certificate being issued for the construction works.

2.6.2 Any future substation or other utility installation required to service the approved subdivision/development shall not under any circumstances be sited on future or existing Council land, including road reservations and/or public reserves. Any proposal to locate a proposed substation or other utility installation on Council land shall be negotiated with and fully endorsed by the relevant Council Directorates.

3 Prior to Construction Certificate (General)

3.1 DA Plan Consistency

3.1.1 A Construction Certificate for the proposed development shall only be issued when the accompanying plans, specifications and/or details are consistent with the approved Development Application design plans.

3.2 Road Deposit/Bond

3.2.1 The following current fee and bond (which is subject to periodic review and may vary at time of payment) shall be lodged with Council:

(a) Road inspection fee of $145.00,

(b) Road maintenance bond of $5000.00, and

The bond is required to cover the cost of any damage to Council's public assets (eg: road, guttering, footpaths, drainage systems) arising from development works. The bond (less an administration fee) will be refunded upon the completion of the development should there be no damage to Council's assets as a result of the development works.

The road inspection fee covers Council's costs to inspect public assets adjacent to the development site before and after development work.

3.3 Services/Utilities

3.3.1 The following documentary evidence shall accompany any Construction Certificate:

(a) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Applications must be made through an authorised Water Servicing Coordinator. Please refer to the "Building Plumbing and Developing" Section of the website then follow the "Developing Your Land" link or telephone 13 20 92 for assistance. Following application a "Notice of Requirements" will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the occupation of the development/release of the plan of subdivision, whichever occurs first.

(b) A Notification of Arrangement" Certificate from Integral Energy, stating that electrical services, including the provision of street lighting, have been made available to the development.
(c) A written clearance from Telstra or any other recognised communication carrier, stating that services have been made available to the development or that arrangements have been made for the provision of services to the development.

4 Prior to Construction Certificate (Planning)

4.1 Deleted.

4.2 Section 94 Contributions

4.2.1 The following monetary contributions pursuant to Section 94 of the Environmental Planning & Assessment Act 1979 must be paid. The amounts below are BASE contributions which WILL BE INDEXED from the nominated base date to the date of payment. Payment of the indexed amounts must be made (BY BANK CHEQUE IF IMMEDIATE CLEARANCE IS REQUIRED. NOTE Council DOES NOT accept payment of S.94 Contributions by credit card or EFTPOS) prior to the issue of a Construction Certificate (for building works) or Subdivision Certificate (for subdivision works) either by Council or any accredited certifier, whichever occurs first.

Contribution Item Base Amount Relevant C.P. Base Date
(i) Tree Planting $1098.00 10 March 2005

The contribution(s) will be indexed according to the Australian Bureau of Statistics' Implicit Price Deflator for Gross Fixed Capital Expenditure (Private Dwellings) and the Consumer Price Index (Sydney Dwellings).

Copies of the following relevant Contributions Plan(s) may be inspected/purchased from Council's Development Services Unit:

S.94 CP No. 10 - Tree Planting on Nature Strips

The Section 94 Contribution(s) have been based on the total developable area, the site's road frontage and/or the potential additional population nominated below. Should the final plan of survey indicate any change in the total developable area or should amendments change the potential additional population, the Section 94 Contribution(s) will be adjusted accordingly.
Road Frontage: 91.42m

4.3 Aesthetics/Landscaping

4.3.1 Council is particularly concerned about the appearance of the development. Accordingly, the following additional information is required to be submitted for Council's separate approval prior to the issue of any Construction Certificate for the approved development:

(a) Details of any retaining walls to be constructed on site as part of the development. Please note that Council requires the construction of masonry retaining walls (i.e. no timber walls) where such walls are proposed to be located within a publicly visible area (such as future front building setbacks) or proposed to have a height in excess of 900mm.

4.3.2 The reflectivity index of glass used in the external facade of the building is not to exceed 20 percent.

4.3.3 Any bathroom, w.c. or laundry window in the external wall of the building shall be fitted with translucent glazing.

4.4 Access/Parking

4.4.1 The internal driveway and parking areas including loading bays and parking bays, sight distance requirements, aisle widths, grades and turn paths are to be designed in accordance with Australian Standard 2890.1-2004 and AS 2890.2-2002 for heavy vehicles.

4.4.2 All internal roads and other paved areas shall be designed to provide continuous surface drainage flow paths to approved points of discharge.

4.4.3 Access to and parking for persons with disabilities shall be designed in accordance with Australian Standard 2890.1.

5 Prior to Construction Certificate (Building)

5.1 Building Code of Australia Compliance

5.1.1 All aspects of the building design shall comply with the applicable performance requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by :

(a) Complying with the deemed to satisfy provisions, or
(b) Formulating an alternative solution which :
(i) complies with the performance requirements, or
(ii) is shown to be at least equivalent to the deemed to satisfy provision, or
(iii) A combination of (a) and (b).

5.2 Site Works and Drainage

5.2.1 Any required retaining wall(s) and/or other effective method to retain excavated or filled ground (not being Exempt Development under the Blacktown Local Environmental Plan), together with any associated groundwater drainage system, shall be designed by an appropriately qualified person. Details of such site works shall accompany the Construction Certificate.

5.2.2 Stormwater drainage from the site shall be designed to satisfactorily drain rainfall intensities of 159mm per hour over an average recurrence interval of 20 years. The design shall:

(a) be in accordance with Australian Standard 3500.3, and
(b) provide for drainage discharge to an existing Council drainage system, and
(c) ensure that the development, either during construction or upon completion, does not impede or divert natural surface water runoff so as to cause a nuisance to adjoining properties.

5.2.3 Soil erosion and sediment control measures shall be designed in accordance with Council’s Soil Erosion and Sediment Control Policy. Details shall accompany any Construction Certificate.

5.3 Internal Works

5.3.1 A separate application for development consent shall be lodged with Council for any proposed fit out of a commercial and industrial building (which includes any fixed internal partition wall/display/storage racking/machinery /equipment and the like) that was not approved by this Notice of Determination. This condition does not apply to work or development that is Exempt Development or Complying Development under the Blacktown Local Environmental Plan.

5.4 Demolition

5.4.1 A report from a site auditor accredited by the NSW Department of Environment and Conservation (under the provisions of the Contaminated land Management Act 1997) shall be lodged with Council stating that, where the land has been affected by any contaminants (including asbestos, organochlorins, arsenic, lead, petroleum residues and the like), the land has been remediated in accordance with the recommendations of the initial investigation report. A copy of the report is to be attached to the Construction Certificate.

6 Prior to Construction Certificate (Engineering)

6.1 Compliance with Conditions

6.1.1 All conditions in the “Prior to Construction Certificate (Engineering)” Section and the relevant conditions in the “General” Section of this consent, must be complied with prior to the issue of any Construction certificates.

6.1.2 All fees for Construction and Compliance Certificates, Roads Act 1993 and Local government Act 1993 approvals must be paid to Council prior to the issue of any of the above certificates or approvals.

6.2 Road-works

6.2.1 Road pavements are to be designed by a Professional Civil Engineer in accordance with the current version of Council's Engineering Guide for Developments and based upon soil tests performed by a registered NATA soils Laboratory and the traffic loadings listed in “Scope of Engineering Works” of this consent. The pavement designs must be lodged with Council for approval prior to issue of the Construction Certificate for Engineering works.

6.2.2 A Traffic Management / Control Plan shall be included as part of the Roads Act Approval for road and drainage works to be carried out within public road reserves in strict compliance with the requirements of current Australian Standard 1742.3 (Traffic Control Devices for Works on Roads) and current RTA Traffic Control at Work Sites manual. Any persons preparing such traffic control layout plans shall be RTA accredited.

6.2.3 A Road Opening Occupancy Licence is required from the relevant Road Authorities (Council or RTA) for all works on existing public roads. The application for this licence must be accompanied by a Traffic Management / Control plans.

6.3 Drainage

6.3.1 Where the internal driveway cannot be drained to an internal pit a grated drain shall be provided at the property boundary.

6.4 Erosion and Sediment Control

6.4.1 Soil erosion and sediment control measures for road, drainage, On Site Stormwater Detention and earth works shall be designed in accordance with Council's Soil Erosion and Sediment Control Policy and Engineering Guide for Development. Details are to be included with the plans and specifications to accompany any Construction Certificate.

6.5 On-Site Detention

6.5.1 A certificate from a Registered Engineer (NPER) to be submitted to Council certifying that the structures associated with the on-site detention system have been designed to withstand all loads likely to be imposed on them during their lifetime.

6.5.2 A certificate from a Professional Civil Engineer/Registered Surveyor must be obtained verifying that the On Site Detention system will function hydraulically in accordance with the requirements of Upper Parramatta River Catchment Trust and Council’s current development guide.

6.5.3 Any Construction Certificate issued for or including an On-site Stormwater Detention (OSD) System must be accompanied by;

a. A Drainage Design Summary Sheet per Appendix B1 of the Upper Parramatta River Catchment Trust Handbook, current version.

b. Full drainage calculations and details for all weirs overland flow-paths and diversion/catch drains - including catchment plans and areas, times of concentration and estimated peak run-off volumes.

c. A completed OSD Detailed Design Submission and Checklist per Appendix B9 of the above-mentioned Handbook.

d. A complete address of Council's OSD General Guidelines and Checklist requirements.

e. A Maintenance Schedule is to be presented with the designer’s name, his signature and date on it in accordance with the Upper Parramatta River Catchment Trust handbook guideline. (If an underground tank is involved this must include reference to WorkCover Authority of NSW Occupational Health & Safety Act 1983 and Confined Spaces Regulation.)

6.6 Asset Management

6.6.1 A detailed estimate of the cost of civil engineering work must be submitted to Council prior to the issue of the Construction Certificate for engineering works. If engineering works are of a value greater than $25,000; documentary proof of payment of the levy required by the Building and Construction Industry Long Service Payments Act must be provided to Council prior to any approval of engineering plans either by Council or an appropriately accredited certifier.

6.7 Other Approvals/Clearances/Adjoining Owners Permission.

6.7.1 Written evidence shall be obtained from the Roads & Traffic Authority indicating compliance with its requirements, including the payment of any necessary supervision fees. A copy of any such permission shall accompany any Construction Certificate.

6.8 Ancillary Works

6.8.1 Ancillary works shall be undertaken at no cost to Council to make the engineering works required by this consent effective. Such works shall include but are not limited to the following:

(a) the relocation of underground services where required by the positioning of new drainage and road infrastructure.
(b) the relocation of above ground power and telephone services.
(c) the matching of new infrastructure into existing or future designed infrastructure.

6.9 Stormwater Quality Control

6.9.1 Stormwater Treatment Measures for the proposed development shall be designed in accordance with the requirements of Council's Stormwater Quality Control Policy. Details are to be included with the plans and specifications accompanying any Construction Certificate. Any variation to the proposed Humeceptor unit (model no: STC3) will require a lodgement of a Section 96 application to Council for amendment of the consent.

6.10 Scope of Engineering Works

The following scope of works shall be included in the design documentation accompanying the Construction Certificate for engineering works:

6.10.1 Road and Drainage works

6.10.1.1 Redundant gutter and/or footway crossing(s) must be replaced with integral kerb and gutter. The footway area must be restored to Council’s satisfaction.

6.10.1.2 Drainage from the site must be connected into Council/RTA's existing drainage system in Sunnyholt Road. In this regard it is required to construct a standard Council Kerb inlet pit in accordance with Drawing No A(BS)106M to provide the appropriate connection.

NOTE - Inspection of the connection to Council's system must be made by Council's Engineering Development Supervisor who can be contacted by phoning 98396587 between 7.00am and 8.00am or 12.30pm and 1.30pm. A site inspection is required prior to commencement of work. Twenty Four (24) hours notice must be given and the Engineering Inspection Fee required by this consent must be paid prior to contact. All works on Sunnyholt Road must also meet the requirements of the RTA.

6.10.2 On Site Stormwater Detention System

6.10.2.1 On-Site Detention

(A) On-site detention of stormwater runoff from the site must be provided to achieve the following nominated minimum site storage capacity and maximum permissible site discharge.

Nominated Minimum Storage: 343 cu.m/ha for 100% site draining to OSD,429 for 90% and 580 for 80%.

Nominated Maximum Discharge: 95 L/s/ha for 100%, 65 for 90% and 36 for 80%.

(B) Council acknowledges the submission of On-site Stormwater Detention concept plan reference No S&G Consultants, Project 08055 Drawing No SW01 and SW02 Rev A (Council file DA-08-1429 enclosure no: 33E & 33F). The Construction Certificate issued in this regard must be generally in accordance with this concept plan.
It is noted that the location of the underground OSD tank may need to be relocated to allow grades of the exit driveway from the tank to the property boundary to meet the appropriate Standards.

(C) Any variation to the following design parameters of the above mentioned concept plan will require a lodgement of a Section 96 application to Council for amendment of the consent;
(i) location of storage area- other than as described above.
(ii) alteration of the type of storage - i.e changing from above ground to below ground storage
(iii) location of discharge outlet from the system.

(D) Professional accreditation of OSD designers and certifiers must be in accordance with the requirements of the Upper Parramatta River Catchment Trust and Council's Policy.

(E) The concept plan referred to above is for Development Application purposes only and is not to be used for construction.
(F) Comprehensive design plans showing full construction details must be prepared by an accredited OSD designer to be issued with a Construction Certificate under the Environmental Planning and Assessment Act 1979 prior to the commencement of works.

NOTE: Council has preference for a fully above ground On-site Stormwater Detention system. This type of system would significantly reduce confined space issues and may have cost saving advantages in comparison with a below ground system.

6.10.3 Vehicular Crossings

6.10.3.1 Construction of Council’s standard commercial and industrial vehicular footway crossing(s), with the following nominated width(s) at the property boundary in accordance with Council plan A(BS)103S.

Nominated Widths: As required by the RTA.

6.10.4 Footpaths

6.10.4.1 The construction of 1.2m wide concrete path paving is to be provided to the full frontage of the site in Sunnyholt Road. The remainder of the footway area is to be turfed. The minimum width of the footway area is to be 3.5m from the face of kerb to the property boundary.

6.10.5 Finished Boundary Levels

6.10.5.1 Finished levels of all internal works at the road boundary of the property must be 4% above the top of the kerb.

6.10.6 Stormwater Quality Control

6.10.6.1 Stormwater Treatment Measures are required for this development. These measures must be designed, implemented and constructed in accordance with Council's Stormwater Quality Control Policy.

6.10.6.2 A Maintenance Schedule must be provided for the stormwater treatment measures in accordance with the requirements of Council's Stormwater Quality Control Policy. The designer of the stormwater treatment measures must prepare the Maintenance Schedule and this schedule must show the designer's name, signature and date on it.

7 Prior to Construction Certificate (Environmental Health)

7.1 Food Premises

7.1.1 Plans and specifications submitted for issue of a Construction Certificate shall demonstrate compliance with the requirements of;

o Food Act 2003 and Regulations there under.

o Australian Standard 4674-2004 Design, construction and fit-out of food premises.

7.2 Other Matters

All areas potentially/contaminated shall be remediated. Upon completion of remediation an appropriately qualified environmental consultant shall prepare a validation report. The validation report shall be carried out in accordance with;

o NSW Environment Protection Authority’s Guidelines for Consultants Reporting on Contaminated Sites (1997)

o NSW Environment Protection Authority’s Contaminated Sites Sampling Design Guidelines (1995).

o Australian and New Zealand Environment and Conservation Council and National Health and Medical Research Council’s Australian and New Zealand Guidelines for the Assessment and Management of Contaminated Sites (1992).

A NSW Department of Environment of Climate Change accredited Site Auditor shall review the validation report and submit to Council a Site Audit Statement. The Site Audit Statement shall verify that the investigation, remediation and validation was carried out in accordance with the aforementioned guidelines and that the site is suitable for the proposed use.

8 Prior to Development Works

8.1 Safety/Health/Amenity

8.1.1 Toilet facilities shall be provided on the land at the rate of 1 toilet for every 20 persons or part thereof employed at the site.

Each toilet provided shall be:

(a) a standard flushing toilet, and
(b) connected:

(i) to a public sewer, or

(ii) if connection to a public sewer is not practicable, to an accredited sewage management facility provided by the Council, or

(iii) if connection to a public sewer or an accredited sewage management facility is not practicable to some other sewage management facility approved by Council.

8.1.2 A sign is to be erected and maintained in a prominent position on the site in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000 indicating:

(a) the name, address and telephone number of the principal certifying authority for the work, and

(b) the name of the principal contractor (if any) for the building work and a telephone number on which that person may be contacted outside working hours, and

This condition does not apply to:

(a) building work carried out inside an existing building, or

(b) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.

8.1.3 Soil erosion and sediment control measures shall be provided in accordance with Council's Soil Erosion and Sediment Control Policy.

8.1.4 A single vehicle/plant access to the land shall be provided to minimise ground disturbance and transport of soil onto any public place. Such access shall be provided in accordance with the requirements of Appendix "F" of Council's Soil Erosion and Sediment Control Policy. Single sized 40mm or larger aggregate placed 150mm deep, and extending from the street kerb/road shoulder to the land shall be provided as a minimum.

8.1.5 Any excavation and/or backfilling associated with the development shall be executed safely and in accordance with appropriate professional standards, with any excavation properly guarded and protected to prevent such work being dangerous to life or property.

8.2 Notification To Council

8.2.1 At least 2 days prior to work commencing on site Council shall be informed, by the submission of a notice under Clause 136 of the Environmental Planning and Assessment Regulation 2000, of the name and details of the principal certifying authority and the date construction work is proposed to commence.

8.2.2 At least five (5) full working days written notice must be given for the commencement of engineering works. Such notice must be accompanied by evidence of the contractors Public Liability and Workers Compensation Insurances. For Public Liability Insurance this should be a minimum amount of $10,000,000.

8.3 Sydney Water Authorisation

8.3.1 Sydney Water Corporation's approval, in the form of appropriately stamped Construction Certificate plans, shall be obtained and furnished to the Principal Certifying Authority to verify that the development meets the Corporation's requirements concerning the relationship of the development to any water mains, sewers or stormwater channels.

The approved plans are to be submitted to a Sydney Water Customer Centre or Quick Check Agent, to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements and if further requirements need to be met. The plans must be appropriately stamped and all amended plans will require restamping. For Quick Check Agent details, please refer to the "Building Plumbing and Developing" Section of the website then follow the "Developing Your Land" link or telephone 13 20 92 for assistance.

8.4 Roads and Traffic Authority

8.4.1 Written evidence shall be obtained from the Roads & Traffic Authority indicating compliance with its requirements, including the payment of any necessary works supervision fees. A copy of such approval shall be lodged with Council.

8.5 Adjoining Owners

8.5.1 Written permission from the respective owner(s) must be obtained to carry out any works on adjoining land.

Prior to Demolition Works

8.6 Safety/Health/Amenity

8.6.1 Security fencing shall be provided around the perimeter of the demolition site to prevent unauthorised entry to the site. Notices complying with AS 1319-1994 and displaying the words "DANGER - DEMOLITION IN PROGRESS", or similar message shall be fixed to the fencing at appropriate places to warn the public.

8.6.2 A sign shall be erected in a prominent position on the land indicating the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

8.6.3 Toilet facilities shall be provided on the land at the rate of 1 toilet for every 20 persons or part thereof employed at the site.

Each toilet provided shall be:

(a) a standard flushing toilet, and

(b) connected:

(i) to a public sewer, or

(ii) if connection to a public sewer is not practicable, to an accredited sewage management facility provided by the Council, or

(iii) if connection to a public sewer or an accredited sewage management facility is not practicable to some other sewage management facility approved by Council.

8.6.4 Soil erosion and sediment control measures shall be provided in accordance with Council's Soil Erosion and Sediment Control Policy.

9 During Construction (Building)

9.1 Safety/Health/Amenity

9.1.1 The required toilet facilities shall be maintained on the land at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site.

9.1.2 A sign is to be erected and maintained in a prominent position on the site in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000 indicating:

(d) the name of the principal contractor (if any) for the building work and a telephone number on which that person may be contacted outside working hours, and

(e) stating that unauthorised entry to the work site is prohibited.

9.1.3 Should the development work:

(a) be likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or
(b) involves the enclosure of a public place,

the required hoarding, awning or protective barrier shall be maintained between the land and the public place.
The hoarding, awning or protective barrier shall be effectively illuminated between sunset and sunrise where it may be hazardous to persons in the public place.

9.1.4 Soil erosion and sediment control measures (including the connection of roofwater downpipes to stormwater drainage lines upon fixing of roof covering) shall be maintained during the development works.

9.1.5 A single vehicle/plant access to the land shall be maintained to minimise ground disturbance and transport of soil onto any public place. Such access shall be maintained in accordance with the requirements of Appendix "F" of Council's Soil Erosion and Sediment Control Policy. As a minimum, single sized 40mm or larger aggregate placed 150mm deep, and extending from the street kerb/road shoulder to the land shall be provided.

9.1.6 Building and construction materials, plant, equipment, vehicles and the like shall not to be placed or stored at any time on Council's footpath, roadway or any public place.

9.2 Surveys

9.2.1 The building(s) shall be set out by a registered surveyor and a survey report lodged with the Principal Certifying Authority to verify the approved position of each structure in relation to the property boundaries.

9.3 Nuisance Control

9.3.1 Any objectionable noise, dust, concussion, vibration or other emission from the development works shall not exceed the limit prescribed in the Protection of the Environment Operations Act 1997.

9.32 The hours of any offensive noise-generating development works shall be limited to between 7.00am to 6.00pm, Mondays to Fridays: 8.00am to 1pm, Saturdays; and no such work to be undertaken at any time on Sundays or public holidays.

9.4 Waste Control

9.4.1 The waste material sorting, storage and re-use requirements of the approved Waste Management Plan and Council's Site Waste Management and Minimisation Development Control Plan shall be implemented during the course of development works.

9.5 Construction Inspections

9.5.1 The person having the benefit of this consent is required to notify the Principal Contractor for the building construction project that various mandatory and critical stage inspections must be conducted by an accredited certifier, and may include inspections (where applicable):

(a) At the commencement of the building work; and

(b) After excavation for, and prior to placement of, any footings; and

(c) Prior to pouring any in-situ reinforced concrete building element; and

(d) Prior to the covering of the framework for any floor, wall roof or other building element, and prior to covering waterproofing in any wet areas; and

(e) Prior to covering waterproofing in any wet areas (but for a minimum of 10% of rooms with wet areas in any class 2,3 or 4 building); and

(f) Prior to covering any stormwater drainage connections; and
(g) After the building work has been completed and prior to any Occupation Certificate being issued in relation to the building.

The critical stage inspection “(g)” must be carried out by the Principal Certifying Authority.

Any inspection conducted by an accredited other than the nominated PCA for the project must be verified by way of a Compliance Certificate issued for the relevant works.

Note: Failure to ensure the relevant inspections are conducted will preclude the issue of an Occupation Certificate.

10 During Construction (Engineering)

10.1 Notice of work Commencement

10.1.1 At least 5 full working days written notice shall be given of the commencement of engineering works. Such notice shall be accompanied by evidence of the contractor’s Public Liability and Workers Compensation Insurances. For Public Liability Insurance this should be a minimum of $10,000,000.

10.2 Service Authority Approvals

10.2.1 Prior to commencement of construction of footway crossings a clearance shall be obtained from the relevant telecommunications carriers and Integral Energy that all necessary ducts have been provided under the proposed crossing.

10.3 Maintenance of Soil Erosion Measures

10.3.1 All required soil erosion and sediment control measures are to be maintained during the entire construction period until disturbed areas are restored by turfing paving or revegetation. Infringement Notices incurring a monetary penalty may be issued by Council where the maintenance of measures is inadequate.

10.4 Filling of Land & Compaction

10.4.1 Regular wetting down of the site must be undertaken during the course of works being carried out in order to control wind blown dust from the site.

10.4.2 Roads adjoining the site must be kept clean and free of all excavated /transportable spoil materials.

10.4.3 Trucks transporting fill must have their loads covered

10.4.4 Site filling and compaction is to be carried out under the supervision of a Chartered Geotechnical Engineer and shall be in accordance with Blacktown City Council's “Works Specification - Civil (Current Version)”. Minimum standard compaction of 95% must be achieved and certified by a NATA registered soils lab and details submitted to Council.

10.5 Inspections of Works

10.5.1 Inspection Compliance Certificates issued by a Registered Engineer (NPER) or Registered Surveyor or Compliance Certificates issued by an accredited certifier, under Part A of Environmental Planning and Assessment Act 1979 as amended, are to be issued for works covered by the Construction Certificate for engineering works at the completion of the following mandatory inspection stages: -

(i) Soil Erosion and Sediment Control

(a) Implementation of erosion and sediment control
(b) Revegetation of disturbed areas
(c) Removal of sediment basins/ fencing etc.
(d) Internal sediment/ pollution control devices
(e) Final Inspection

(ii) Traffic Control

(a) Implementation of traffic control
(b) Maintenance of traffic control during works
(c) Removal of traffic control

(iii) Construction of Drainage works (including inter-allotment)

(a Pipes before backfilling including trench excavation and bedding
(b) Sand Backfilling
(c) Final pipe inspection
(d) Pit bases and headwall aprons
(e) Pit Walls/ wingwalls/ headwalls
(f) Concrete pit tops
(g) Connection to existing system
(h) Tailout works
(i) Final Inspection

(iv) Construction of Road Pavement

(a) Boxing out
(b) Sub-grade roller test
(c) Subsoil drainage
(d) Sandstone roller test layer 1
(e) Sandstone roller test layer 2
(f) Kerb pre-laying
(g) Kerb during laying including provision of roof-water outlets
(h) Sandstone depth
(i) Pavement profiles
(j) DGB depths and roller tests
(k) Wearing Course
(l) Kerb final
(m) Concrete tests
(n) Formwork concrete pavements
(o) Final inspection

(v) Provision of Street Furniture

(a) Street Furniture (including street signs guideposts guardrail etc)
(b) Erection of fencing adjoining public/ drainage reserves

(vi) Footpath Works

(a) Footpath Trimming and/or turfing (to ensure 4% fall)
(b) Pathway construction (cycle/ link pathways)
(c) Path-paving construction
(d) Service Adjustments
(e) Final Inspection

(vii) Construction of on-site detention system

(a) Steel and Formwork for tank/ HED control pit
(b) Completion of HED control pit
(c) Pit formwork
(d) Pipes upstream/ downstream of HED control pit before backfilling
(e) Completion of OSD system

(viii) Stormwater Quality Control

(a) Installation of Stormwater Quality Control devices
(b) Final Inspection

(ix) Traffic Control

(a) Implementation of traffic control
(b) Maintenance of traffic control during works

(x) CCTV Inspection of Drainage Structures (pipelines and pits)

(a) All road drainage

(xi) Final overall Inspections

(a) Preliminary overall final inspection
(b) Overall final inspection

10.5.2 Inspection of the works required pursuant to the engineering approval issued under the Roads Act 1993 must be made by Council's Development Overseers who can be contacted on 9839 9718 between 7am - 8am and 12.30pm - 1.30pm. A site inspection is required prior to commencement of work. A minimum twenty-four (24) hours notice must be given prior to any required inspection. A schedule of mandatory inspections is listed in Council’s Works Specification – Civil (current version).

10.6 Public Safety

10.6.1 The applicant is advised that all works undertaken in a public place are to be maintained in a safe condition at all times. Council may at any time and without prior notification make safe any such works Council considers to be unsafe and recover all reasonable costs incurred from the applicant.

11 During Construction (Environmental Health)

11.1 Environmental Management

11.1.1 The forecourt area shall be bunded, by way of speed humps and the like, to prevent any contaminated water entering into Council’s stormwater system. This area shall be drained to a sump(s). These sump(s) may be connected to the sewer system with the approval of Sydney Water Corporation.

11.1.2 The underground fuel tanks and the associated pipe works shall be installed in accordance with the relevant Australian Standards. A Compliance Certificate certifying that the tanks and pipe work have been appropriately installed is to be obtained prior to backfilling.

11.1.3 Bunding is to be designed and installed in accordance with:

(a) Department of Environment and Conservation Guidelines - Technical BU Bunding and Spill Management;
(b) Department of Environment and Conservation Guidelines “Surface water management on the covered forecourt areas of service stations”;
(c) Australian Standard 1940-1993: The storage and handling of flammable and combustible liquids; and
(d) Australian Standard/New Zealand Standard 4681:2000: The storage and handling of Class 9 (miscellaneous) dangerous goods and articles.

11.2 Food Premises

11.2.1 The food preparation areas shall be constructed so as to comply with the requirements of;

(a) The Food Act 2003 and Regulations there under.

Design, construction and fit-out of food premises

The use of ventilation and air conditioning in buildings – Ventilation design for indoor air contaminant control

11.3 Other Matters

11.3.1 The wash bay is to be bunded/graded so as to direct water/waste to a collection pit, which then discharges to the Sydney Water sewer system, in accordance with the requirements of Sydney Water..

11.3.2 The fuel tank, pump and decanting areas are to be bunded, graded and roofed so as to direct water and waste to a sump, which then discharges to the Sydney Water sewer system, in accordance with the requirements of Sydney Water.

11.3.3 The installation of the diesel tanks must comply with Australian Standards AS1940:1993 The Storage and Handling of Flammable and Combustible Liquids, the Australian Institute of Petroleum document “GL 12 – Safe Above Ground Fuel Storage on Farms and Industrial Sites” and WorkCover NSW must be notified of this installation.

12 During Demolition Works

12.1 Safety/Health/Amenity

12.1.1 Security fencing shall be maintained around the perimeter of the demolition site to prevent unauthorised entry to the site at all times during the demolition works. Notices lettered in accordance with AS 1319-1994 and displaying the works "DANGER - DEMOLITION IN PROGRESS", or similar message shall be maintained on the fencing at appropriate places to warn the public.

12.1.2 A sign shall be maintained in a prominent position on the land indicating the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

12.1.3 Any hoarding or protective barrier required to be erected between the work site and the public place on adjoining land or place shall be maintained in an effective condition.

12.1.4 The required toilet facilities shall be maintained on the land at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site.

12.1.5 All demolition work and handling of materials shall be in accordance with Australian Standard 2601-2001 (Demolition of Structures) and all applicable NSW WorkCover Authority requirements including the Code of Practice for the Safe Removal of Asbestos” – National Occupational Health and Safety Commission:2002 (if applicable)

12.1.6 All plant and equipment used on the land shall be operated by a competent person. Cranes used for hoisting and lowering of materials shall comply with AS 1418.1 and AS 1418.5 and be fitted with a load indicator and hoist limited device.

12.1.7 A valid public liability insurance policy of at least $10,000,000 shall be maintained throughout the demolition works.

12.1.8 Demolished materials, plant, equipment, vehicles and the like shall not be stored or placed at any time on Council's footpath, roadway or any public place.

12.1.9 All previously connected services are to be appropriately disconnected as part of the demolition works. The applicant is obliged to consult with the various service authorities regarding their requirements for the disconnection of services.

12.1.10 The demolisher has an obligation to ensure that the adjoining buildings and property are not damaged.

12.2 Nuisance Control

12.2.1 Any noise generated during demolition shall not exceed those limits specified in the Protection of the Environment Operations Act 1997 and shall be limited to between 7.00am and 6.00pm, Monday to Friday, and 8.00am to 1.00pm, Saturday, with no demolition work being undertaken on Sundays or public holidays.

12.2.2 The waste material sorting, storing and re-use requirements of the approved Waste Management Plan and Council's Site Waste Management and Minimisation Development Control Plan shall be implemented during the course of the demolition works.

13 Prior to Occupation Certificate

13.1 Consolidation of Lots

13.1.1 The lots shall be consolidated into one title which shall be registered with the Department of Lands.

13.2 Road Damage

13.2.1 The cost of repairing any damage caused to Council's assets in the vicinity of the land as a result of the development works shall be met in full by the applicant/developer.

Note: Should the cost of damage repair work not exceed the road maintenance bond Council will automatically call up the bond to recover its costs. Should the repair costs exceed the bond amount a separate invoice will be issued.

13.3 Compliance with Conditions

13.3.1 An Occupation Certificate shall not be issued until such time as all conditions of this consent, other than “Operational” conditions, have been satisfied. The use or occupation of the development prior to compliance with all conditions of consent, other than “Operational” conditions, may render the applicant/developer liable to legal proceedings.

13.4 Service Authorities

13.4.1 A final written clearance shall be obtained from Sydney Water Corporation, Integral Energy and Telstra (or any other recognised communication carrier) if such clearance (in the form of a Section 73 Certificate, Notification of Arrangement, etc) has not previously been issued.

13.5 Temporary Facilities Removal

13.5.1 Any hoarding or similar barrier erected to protect a public place shall be removed from the land and/or public place.

13.5.2 Any temporary toilet facilities provided during construction works shall be appropriately dismantled, disconnected and removed from the land.

13.5.3 Any temporary soil erosion control measure installed during development works shall be removed and other permanent measures required by Council’s Soil Erosion Control Policy shall be provided.

13.5.4 Any temporary builder's sign or other site information sign shall be removed from the land.

13.5.5 Any temporary site access provided for the purpose of development works shall be removed and the kerb and gutter and/or previous roadworks reinstated in a manner satisfactory to Council. Should the reinstatement involve the provision of a new vehicular crossing, layback, kerb and gutter or road shoulder works the separate approval of Council's Maintenance Section shall be obtained (and any appropriate fees paid) prior to such works commencing.

13.6 Fire Safety Certificate

13.6.1 A final fire safety certificate complying with Clause 153 of the Environmental Planning and Assessment Regulation 2000 shall be issued prior to the use or change of use of the building, except in the case of any Class 1a and Class 10 building(s).

13.7 Environmental Management

13.7.1 A Trade Waste Agreement shall be obtained from Sydney Water Corporation.

13.8 Food Premises

13.8.1 The premises shall be registered with Council’s Environmental Health Unit. The attached application form shall be used for registration purposes.

13.8.2 Trading must not commence until an Occupation Certificate for the development has been issued.

13.8.3 The installation of any grease arrestor shall comply with the requirements of the Sydney Water Corporation. A copy of the Corporation's Trade Waste Agreement, shall be submitted to Council.

13.9 Landscaping/Car Parking

13.9.1 All landscaping shall be completed in accordance with approved landscaping design plan. All turfed areas shall be finished level with adjoining surfaces and graded to approved points of drainage discharge.

13.9.2 Off-street car parking shall be encouraged by the installation of appropriate, permanent and prominent signs indicating its availability.

13.9.3 Entrance/exit points are to be clearly signposted and visible from the street and the site at all times.

13.9.4 All required internal roads and car parking spaces shall be line-marked, sealed with a hard standing, all-weather material to a standard suitable for the intended purpose.

13.10 Fee Payment

13.10.1 Any fee payable to Council as part of a Construction, Compliance or Occupation Certificate or inspection associated with the development (including the registration of privately issued certificates) shall be paid in full.

13.11 Engineering Matters

13.11.1 Surveys/Certificates/Works As Executed plans

13.11.1.1 A works-as-executed plan (to a standard suitable for microfilming) under the hand of a Chartered Professional Engineer or a Registered Surveyor must be lodged with Blacktown City Council when the engineering works are completed. The works as executed plan must confirm that the On Site Detention system identification plate has been installed in accordance with the Upper Parramatta River Catchment Trust Guidelines. The On Site Detention system identification plate can be purchased from Upper Parramatta River Catchment Trust /Council.

13.11.1.2 A certificate from a Chartered Professional Engineer/Registered Surveyor must be obtained and submitted to Council verifying that the on-site detention system as constructed will function hydraulically in accordance with the approved design plans.

13.11.1.3 A certificate from a Registered Engineer (NPER) must be lodged with Council verifying that the structures associated with the on-site detention systems have been constructed to withstand all loads likely to be imposed on them during their lifetime.

13.11.1.4 A certificate from a Chartered Professional Civil Engineer must be obtained and submitted to Council verifying that the constructed Stormwater Quality Control system will function effectively in accordance with Council's Stormwater Quality Control Policy.

13.11.1.5 Written evidence is to be obtained from the Roads & Traffic Authority indicating compliance with its requirements including the payment of any necessary works supervision fees.

13.11.1.6 The submission to Council of all Inspection/Compliance Certificates required by the “During Construction (Engineering)” Section of this consent.

13.11.2 Easements/Restrictions/Positive Covenants

13.11.2.1 Any easement(s) or restriction(s) required by this consent must nominate Blacktown City Council as the authority to release vary or modify the easement(s) or restriction(s). The form of easement or restriction created as a result of this consent must be in accordance with the following:

(a) Blacktown City Council’s standard recitals for Terms of Easements and Restrictions (Current Version).

(b) The standard format for easements and restrictions as accepted by the Lands Title Office.

13.11.2.2 Restrictions and positive covenants must be provided over the on-site detention storage areas and outlet works.

13.11.2.3 Restrictions and positive covenants must be provided over the Stormwater Quality Control devices and outlet works.

13.11.2.4 All Section 88B restrictions and covenants created, as part of this consent shall contain a provision that they cannot be extinguished or altered except with the consent of Blacktown City Council.

13.11.3 Dedications

13.11.3.1 The land required for road widening in connection with the required slip lane is to be dedicated at no cost to Council or the RTA.

13.11.4 Inspections

13.11.4.1 Any additional Council inspections beyond the scope of any Compliance Certificate package and needed to verify full compliance with the terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

13.12 Food Premises

13.12.1 Prior to the issue of an Occupation Certificate, documentation shall be submitted to Council certifying that the ventilation system has been installed and is operating in accordance with Australian Standard 1668.2:2002 The use of ventilation and air conditioning in buildings – Ventilation design for indoor air contaminant control.

13.13 Other Matters

13.13.1 Retaining wall(s) and/or other effective methods to retain excavated or filled ground (other than those sites works which may be Exempt Development under the Blacktown Local Environmental Plan), together with any associated groundwater drainage system, shall be constructed and/or provided in accordance with the plans attached to the Construction Certificate.

14 Operational (Planning)

14.1 Access/Parking

14.1.1 All required off-street car parking spaces and internal roads shall be maintained to a standard suitable for the intended purpose.

14.1.2 All loading and unloading operations shall take place at all times wholly within the confines of the land.

14.1.3 Deliveries shall be restricted to outside of peak times to minimise potential conflicts between articulated vehicles and passenger vehicles in the fuel dispensing area.

14.1.4 Access and parking for people with disabilities shall be maintained in accordance with provisions of Australian Standards 1428.1 and 2890.1.

14.1.5 All vehicles are to enter and exit the site in a forward direction.

14.1.6 All vehicles are to be wholly contained on-site before being required to stop.

14.2 Retailing Restrictions

14.2.1 The use of any factory unit for retail activities is prohibited except with the prior separate approval of Council. Such approval can only be granted where the retail use of the factory unit is, in the opinion of Council, ancillary to and undertaken in conjunction with a genuine manufacturing purpose permitted in the industrial zone and being undertaken within that factory unit.

14.3 General

14.3.1 No goods, materials, or trade waste shall be stored at any time outside the building other than in approved garbage receptacles.

14.3.2 No goods or materials shall be stored, displayed for sale or manufactured at any time outside the building.

14.3.3 Spillage of light, if any, shall be controlled so as not to cause nuisance to the amenity of adjoining land.

14.3.4 If artificial lighting is proposed full details are to be submitted indicating the manner in which adjoining properties are to be protected.

14.3.5 Should an intruder alarm be installed on the land it shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997.

14.3.6 Emission of sound from the land shall be controlled at all times so as to not unreasonably impact upon nearby owners/occupants.

14.3.7 The use of the land is not to interfere with the amenity of the residential area and shall remain incidental to the principal use of the premises as a dwelling.

14.3.8 No goods, materials or trade wastes are to be stored at any time outside the building on either the internal vehicular driveway, car parking area, landscaping or footpath, other than in approved garbage receptacles.

14.3.9 No nuisance or interference with the amenity of the area shall be created by reason of any process or operation on the land causing the emission of noise, dust, smoke or any polluted discharge whatsoever. Note: The Protection of the Environment Operations Act 1997 requires Council to investigate complaints where only one person complains.

14.3.10 Arrangements shall be made for an effective commercial refuse removal service.

14.4 Landscaping

14.4.1 All landscaped areas provided in accordance with the approved landscaping design plan shall be maintained at all times in a suitable manner.

14.5 Use of Premises

14.5.1 The use of the approved development shall, at all times, be conducted in a manner consistent with the terms and conditions of this consent.

15 Operational (Environmental Health)

15.1 Other Matters

15.1.1 Vehicles and equipment shall only be washed/hosed down within a wash bay that drains to the sewer system in accordance with Sydney Water requirements.

15.1.2 The storage and handling of liquids associated with activities on the premises is to be carried out in accordance with the requirements of;

o NSW Workcover

o Environment Protection Authority Guidelines - Technical BU Bunding and Spill Management.

15.2 Environmental Management

15.2.1 No contaminated waste water or liquid waste shall be discharged into Council’s stormwater system.

15.2.2 All mechanical repairs shall be conducted within the workshop or in a roofed, concrete floor area, which is graded to an internal drainage point connected to the sewer.

15.2.3 All vehicle washing, engine degreasing and steam cleaning shall be conducted in a dedicated vehicle wash bay connected to the sewer.

15.2.4 Waste oil shall be stored in a covered bunded area and removed off site by a licensed waste oil recycler.

15.2.5 The bunded storage area shall be maintained in such condition to ensure that all spillage or leakage is retained within the bund, until disposed of by means that do not pollute waters or land.

15.2.6 All gases, odours, fumes, steam, moisture and particulate matter generated by the use of these premises shall be collected and discharged in accordance with the requirements of the Protection of the Environment Operations Act 1997.

15.2.7 All chemicals and materials associated with the use of the site, including empty containers, shall be stored within the building.

15.2.8 Upon receipt of a justified complaint in relation to noise pollution emanating from the premises, an acoustical assessment is to be carried out in accordance with the requirements of the Department of Environment and Conservation’s Environmental Noise Management - NSW Industrial Noise Policy and provide recommendations to mitigate the emission of offensive noise from the premises. The report shall be prepared by an appropriately qualified acoustic consultant that is a member of the Association of Australian Acoustic Consultants and shall be submitted to Council for consideration.

15.2.9 Bunding is to be designed and installed in accordance with:

o Department of Environment and Conservation Guidelines - Technical BU Bunding and Spill Management;

o Department of Environment and Conservation Guidelines “Surface water management on the covered forecourt areas of service stations”;

o Australian Standard 1940-1993: The storage and handling of flammable and combustible liquids; and

o Australian Standard/New Zealand Standard 4681:2000: The storage and handling of Class 9 (miscellaneous) dangerous goods and articles.

15.2.10 A Trade Waste Agreement shall be obtained from Sydney Water prior to the discharge of trade wastewater to the sewer system.

15.2.11 Mandatory water restrictions apply to all Sydney Water customers including businesses. Should the activities carried out on the premises require an exemption. The proprietor of the business shall obtain an exemption permit from Sydney Water. A copy of the permit shall be submitted to Council.

15.2.12 Sufficient supplies of appropriate absorbent materials and/or other appropriate spill clean up equipment shall be kept on site to recover any liquid spillage. Liquid spills must be cleaned up using dry methods only and shall not give rise to an offence under the Protection of the Environment Operations Act 1997.

15.2.13 Any activity carried out in accordance with this approval shall not give rise to air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997.

15.2.14 All waste generated on the site is to be stored, handled and disposed of in such a manner as to not create air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997.

15.2.15 In accordance with the requirements of Part 5.7 Protection of the Environment Operations Act 1997, Council is to be informed of any pollution incident that occurs in the course of carrying out the approved activity where material harm to the environment is caused or threatened.

15.2.16 A copy of the compliance certificate and WorkCover NSW Dangerous Goods license for the installation of the diesel tanks are to be submitted to Council.

15.3 Food Premises

15.3.1 The food premises shall be maintained in accordance with the requirements of;

o Food Act 2003 and Regulations there under.

o Australian Standard 4674-2004 Design, construction and fit-out of food premises.

15.3.2 The proprietor is to ensure that all food handling complies with the requirements of the Food Act 2003 and Regulations there under.

15.3.3 The premises is to be registered with Council as a food business.

16 COMPLETION OF DEMOLITION WORKS

16.1 Hazardous Materials and Waste

16.1.1 A report from a site auditor accredited by the NSW Department of Environment and Conservation (under the provisions of the Contaminated land Management Act 1997) shall be lodged with Council stating that, where the land has been affected by any contaminants (including asbestos, organochlorins, arsenic, lead, petroleum residues and the like), the land has been remediated in accordance with the recommendations of the investigation report. A copy of the report is to be lodged with Council.

________________________

ljr

Appendix A

to Conditions of Consent

02/06/2009 - deletion of first sentence - Paragraph(s) condition 2.4.1(a)

CITATION:	Azzure - Blacktown Pty Ltd v Blacktown City Council [2009] NSWLEC 1157 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PARTIES:	APPLICANT Azzure - Blacktown Pty Ltd RESPONDENT Blacktown City Council
FILE NUMBER(S):	10022 of 2009
CORAM:	Bly C
KEY ISSUES:	DEVELOPMENT APPLICATION :- a mixed-use development comprising a service station and including a convenience store, car-wash and three small industrial units
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979 Blacktown Local Environmental Plan 1988 Blacktown Development Control Plan 2006
DATES OF HEARING:	30 April 2009 and 4 May 2009
DATE OF JUDGMENT:	22 May 2009
LEGAL REPRESENTATIVES:	APPLICANT Mr M Astill (solicitor) SOLICITOR Blake Dawson RESPONDENT Mr S Simmington (solicitor) SOLICITOR Lindsay Taylor Lawyers