C M Hairis Architects v Waverley Council
[2009] NSWLEC 1371
•3 November 2009
Land and Environment Court
of New South Wales
CITATION: C M Hairis Architects v Waverley Council [2009] NSWLEC 1371 PARTIES: APPLICANT
RESPONDENT
C M Hairis Architects
Waverley CouncilFILE NUMBER(S): 10529 of 2009 CORAM: Bly C KEY ISSUES: DEVELOPMENT APPLICATION :- Three-storey four-bedroom dwelling with basement car parking, floor space ratio, amenity, character and view loss. LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Waverley Local Environmental Plan 1996
Waverley Development Control Plan 2006DATES OF HEARING: 3 November 2009 EX TEMPORE JUDGMENT DATE: 3 November 2009 LEGAL REPRESENTATIVES: APPLICANT
Ms S Duggan (barrister)
SOLICITOR
Gadens LawyersRESPONDENT
Mr A McKelvey (solicitor)
SOLICITOR
Sparke Helmore
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESBly C
10529 of 2009 C M Hairis Architects v Waverley Council3 November 2009
This decision was given extemporaneously. It has been revised and edited prior to publication.
JUDGMENT
1 This appeal relates to development application DA164/2008 for the demolition of an existing dwelling and the erection of a new part two/part three-storey four-bedroom dwelling, including basement car parking and a swimming pool at 236 Military Road, Dover Heights.
2 Since the initial consideration of the application by the council, the proposal has been amended on two occasions with the second amendment resulting in the council entering into consent orders with the applicant.
3 The site of the proposed dwelling house is situated on the west side of Military Road and has an area of 619.7 square metres and a frontage of 13.51 metres.
4 The site’s locality predominantly comprises detached dwelling houses of varying age, size and scale. A small commercial precinct is located to the south on the corner of Blake Street. Significant views of Central Sydney and the Harbour Bridge are available from the western boundary of the site. Indeed, many of the houses in this locality have views towards Sydney and North Sydney including harbour, Opera House and Harbour Bridge views.
5 The site is zoned residential 2(A) under the Waverley Local Environmental Plan 1996 and in this zone dwelling houses are permissible with development consent.
6 Clause 10(2) of the LEP requires that consent shall not be granted unless the development meets one or more of the objectives of the relevantly applicable zone. Objective (a) of the 2(a) zone is to allow for housing only in the form of dwelling houses and boarding houses and the proposal meets this objective, hence the requirement in clause 10(2) is met.
7 It is also relevant to note objective (b), which is to maintain and improve the amenity and existing characteristics of localities predominantly characterised by dwelling houses. Also applicable is part D(1) dwelling house and dual occupancy development of the Waverley Development Control Plan 2006.
8 In the DCP the site is subject to the Dover Heights Residential Character Study that recognises that Dover Heights is almost exclusively residential where panoramic views, from both public and private domains, are available. Architectural styles include older style detached dwellings with pitched roofs and contemporary, three-storey, flat-roofed cascading buildings.
9 With particular relevance to the issues in this case, the DCP seeks to minimise the impact of new development on views and vistas from the public and private domains and the associated performance criteria require that where a site exposes a view, this should be reinforced with a sensitive building envelope that minimises view obstruction.
10 For dwelling houses, the building height controls provide that development should not be excessive in height and scale and should be compatible with the existing character of the location. In particular, the maximum external wall height is 7 metres and, for a building with a flat roof, the maximum overall building height is 7.5 metres.
11 Whilst the front elevation or presentation of the proposed flat roofed building to Military Road complies with the 7.5 metre height control, the remainder of the building exceeds this standard. The DCP also sets for this site a maximum floor space ratio of 0.50 to 1 and the proposed building has a floor space ratio of something slightly less than 0.78:1.
12 The purpose of the floor space ratio control is to manage the size and bulk of buildings to ensure that they are of an acceptable size and bulk in relation to the size and shape of the allotment and to minimise negative impacts on neighbouring properties. It also seeks to ensure that the bulk of dwellings is in character with surrounding development
13 The application was advertised on two occasions, the second occasion as a result of amended plans. The resulting objections from residential properties opposite expressed concerns regarding non-compliances with the applicable planning controls, the excessive size and bulk of the building and loss of views of Sydney Harbour including views of the Opera House and the Harbour Bridge.
14 When the hearing began on site, I had the opportunity of inspecting three residential properties opposite the site that would, to varying degrees, suffer from some loss of views. I also heard from those residents as to their concerns in this regard.
15 The original application was recommended for refusal by the council’s Development and Building Unit. The council’s independent hearing and assessment panel subsequently considered the application and concluded that whilst the height and floor space ratios are exceeded, subject to certain amendments the proposal should be granted development consent. The council subsequently refused the application on the basis of concerns expressed by the panel.
16 The second amended proposal was also the subject of a s 82A review. The Development and Building Unit considered the amended plans and recommended that the proposal be approved. In its report the exceedences of the floor space ratio and building height controls were considered and, taking into account adjoining and surrounding development, the unit concluded that the amended proposal satisfies the relevant objectives and that the proposed bulk is consistent with the nature of surrounding development. Also, the proposal presents as a two-storey development in the streetscape.
17 As for view loss, the unit acknowledged the extent to which the proposal would affect views but that existing views are enjoyed over the site because the existing development is a single storey building that is of less height than the existing adjoining two-storey developments. The council’s earlier resolution to require increased side setbacks to create a view corridor would, as explained, provide a more acceptable solution. Despite the conclusions of the unit, the council reaffirmed its previous refusal of the application.
18 The application was the subject of a joint town planning report by Mr H Sanders for the council and Mr N Salerni for the applicant. This report considered the principal contentions raised by the council that, in essence, involves the matters of bulk and scale, building height and view sharing. In the report, Mr Sanders disagreed with Mr Salerni, arguing that the proposed development would not minimise the loss of views for neighbours and would not promote view sharing. However, the impacts on the views, particularly from 177 Military Road opposite, could be mitigated by changes to the design and the reconfiguration of the first floor of the proposed building. Such changes could result in a development that has an acceptable impact in terms of view loss and in terms of visual bulk and architectural style, particularly in the context of other development along Military Road.
19 In response, the applicant has now provided further amended plans. Relevantly, these plans slightly reduce the building’s floor area and increase the south side setbacks so as to improve the view corridor between the subject property and its neighbour to the south. The side setbacks now exceed the minimum setback requirements in the DCP by a considerable margin. These changes were discussed in the applicant’s architect’s report that includes photomontages that reveal the extent of the view corridor that will be resultantly available.
20 The changes to the proposal have been considered by Mr Sanders, who now believes that there is no planning reason why the proposed building should not be approved.
21 Hence, apart from the neighbour concerns, there is no expert evidence to support a refusal of the application.
22 I have now considered all of this evidence, including the development and building unit reports and the independent hearing panel reports and, taking into account that the council has now agreed to enter into consent orders, I am persuaded that the appeal should be upheld and development consent granted.
23 It is plain that harbour and other views from properties opposite the site on the east side of Military Road will be adversely affected but, despite this, certain views will continue to be available. In this context the DCP does not require that all views must be maintained. Instead, a sensitive building envelope is required that minimises view obstruction. This has been achieved by providing setbacks significantly greater than would otherwise have been required.
24 In this regard, I agree with the above-described approach taken by the Development, and Building Unit’s analysis of the height and floor space ratio standards. I also agree with the approach they take in acknowledging that the two-storey presentation in the streetscape is appropriate and the consequences of this in terms of views.
25 Finally, the now-created view corridor does, to my mind, taking into account the nature of existing surrounding development along the west side of Military Road and the permissible height limit, provide an appropriate and sufficient response to the DCP view sharing requirements.
26 More generally, I am satisfied that this proposed contemporary dwelling house is appropriately responsive to the objectives of the LEP, that is to maintain and improve the amenity and existing characteristics of this dwelling house locality.
27 Also I note and accept the parties’ agreement that the amendments of the proposed development are minor and no costs order pursuant to s 97B of the Environment Planning and Assessment Act is warranted.
28 Therefore the orders of the Court are by consent:
- 1. The appeal is upheld.
2. Development application number 164/2008/1 for the demolition of the existing dwelling and construction of a new part 2, part 3-storey dwelling with basement parking and a swimming pool at 213 Military Road, Dover Heights is approved subject to the conditions in annexure A hereto.
3. Exhibits A and B are retained.
___________________
- T A Bly
Commissioner of the Court
ljr
Annexure “A”
Conditions of Consent
CM Hairis Architects v Waverley Council
236 Military Road Dover Heights
1. Approved Development
The development must be in accordance with:
(a) Architectural Plan Nos Job No 2008 – 01 Drawing Nos – Amendment 02d – 07d, tables and documentation prepared by C M Hairis Architects, dated 2 November 2009, except where amended by the following conditions of consent;
(b) Landscape Plan No. Job No 2008 – 01 Drawing No – Amendment A3 – 01c and documentation prepared by C M Hairis Architects, dated 2 November 2009;
(c) BASIX Certificate; and
(d) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP 2006.
2. general modifications
The proposal shall be amended as follows:
(a) The balustrade to the balcony at the first floor level to the west of Bedroom 1 shall be set in 300mm from the southern face of that balcony. The balustrade must be frameless glass.
The 300mm area between the balustrade in its new position and the southern face of that balcony shall be non-trafficable.
(b) The rear yard area is not to be artificially raised and the existing levels in the rear yard are to be generally maintained;
(c) A Schedule of external finishes and colours is to be submitted to Council.
The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.
3. Swimming pools
The following requirements apply to the use and operation of the approved pool:
(a) The pool water being treated by an approved water treatment and filtration unit.
(b) The pool is to be fitted with a cover, that shall be fitted when the pool is not in use to minimise evaporation and conserve water.
(c) To prevent noise nuisance to surrounding properties, the pool filtration motor and pump unit is to be housed within a ventilated soundproof enclosure.
4. USE OF DWELLING
The premises are to be used only as a single unit dwelling house.
5. EXCAVATION TO BE LIMITED
Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent.
SCHEDULE B – COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE
6. SECTION 94A CONTRIBUTION
A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and the "Waverley Council Development Contributions Plan 2006” in accordance with the following:
(a) A cost report indicating the itemised cost of the development shall be completed and submitted to Council:
2. Where the total development cost is $500,000 or more:1. Where the total development cost is less than $500,000:
"Waverley Council Cost Summary Report"; or,
"Waverley Council Registered Quantity Surveyor's Detailed Cost Report".
A copy of the required format for the cost reports may be obtained from Waverley Council Chambers (First Floor) or downloaded from:
(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.
Waverley Council Development Contributions Plan 2006 may be inspected at Waverley Council Chambers, First Floor, Cnr Paul Street and Bondi Road, Bondi Junction.
- A development valued at $100,000 or less will be exempt from the levy.
- A development valued at $100,001 - $200,000 will attract a levy of 0.5%.
- A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the development.
7. security deposit
A deposit or guarantee satisfactory to Council for the amount of $10,000.00 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work.
This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.
8. long service levy
A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate.
Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.
9. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE
The building work, including demolition, must not be commenced until:
(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and
(b) a Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and
(c) Council is given at least two days Notice in writing of the intention to commence the building works.
The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority.
10. SERVICE AUTHORITIES
The applicant is to seek approval from Energy Australia and Telstra regarding any possible modification to the service authorities infrastructure prior to the issue of a Construction Certificate.
11. hoarding required
A standard A-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate.
Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.
12. GEOTECHNICAL ENGINEERS REPORT
A geotechnical report, regarding the stability of the subject site and stating that damage should not occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site.
13. DETAILS OF BULK EXCAVATION, SHORING ORPILE CONSTRUCTION
A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate.
Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate.
14. SITE WASTE AND RECYCLING MANAGEMENT PLAN
A Site Waste and Recycling Management Plan (SWRMP) Checklist Part 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.
The builder and all subcontractors shall comply with the approved SWRMP (Part 1 and 2) at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction.
15. EROSION, SEDIMENT AND POLLUTION CONTROL
Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.
16. Construction Vehicle Plan of Management
Submission of a "Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site. Such plan to address the hours of operation, the employees' vehicles, holding areas for vehicles wanting to access the site and truck works and provide a means of ensuring vehicular and pedestrian access to adjoining resident's properties for the duration of the works. The "Construction Vehicle Plan of Management" is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, remediation or construction on the site.
17. STORMWATER MANAGEMENT
Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No.2) - Part B, Clause 9.2, prior to a Construction Certificate.
18. ENGINEERING DETAILS
Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.
19. LONG SECTION OF DRIVEWAY
A long section of the driveway shall be submitted with the Construction Certificate. The long section is to be drawn at a scale of 1:25 and shall include Reduced Levels (RLs) of the road centreline, kerb, road reserve, and pavement within the property and garage floor. The RLs shall include the existing levels and the design levels.
20. BASIX - NEW DWELLING HOUSE
The undertakings provided in the Basix Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate plans. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate.
The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above Basix commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act, 1979.
21. USE OF RENEWABLE TIMBERS
Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.
22. REFILLING/"TOP-UP" OF SWIMMING POOL
Future water requirements for refilling and 'top-up' to the swimming pool are to be obtained from rainwater provided from an on-site rainwater tank or equivalent. In this regard, full details of the proposed location and size of the rainwater tank are to be provided to Council prior to issue of the Construction Certificate.
23. amended landscape plan
The Landscape Plan is to be amended by the following changes:
(a) That species selection in the garden bed on the northern boundary and the garden beds in the front yard be changed to represent native flora (preferably local native species).
(b) That 2 Australian native feature specimens as approved by Council’s Tree Management Officer be included in the front garden to compensate for the removal of the trees currently located in the front yard.
The amended landscape plan is to be submitted to the Principal Certifying Authority with the plans for the Construction Certificate.
SCHEDULE C – COMPLIANCE PRIOR TO AND DURING CONSTRUCTION
24. PRIOR TO SITE WORKS
The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:
(a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or
(b) the name and permit number of the owner/builder who intends to do the work; and
(c) any change to these arrangements for doing of the work.
25. home building act
The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.
26. CONSTRUCTION SIGNS
Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.
27. EXCAVATION AND BACKFILLING
All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.
28. excavation below footings
If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must:
(a) preserve and protect the building from damage; and
(b) if necessary, must underpin and support the building in an approved manner; and
(c) must, at least seven days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.
29. obstruction to public areas
If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then:
(a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;
(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and
(c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.
30. TOILET FACILITIES
Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.
31. NO USE OF ORGANOCHLORIN PESTICIDES
The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.
32. DILAPIDATION REPORT
A dilapidation report prepared by a practising Structural Engineer shall be submitted to the Principal Certifying Authority, Council and the owners of the adjoining properties prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon the adjoining properties.
33. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS
At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:
(a) outline the identification of any hazardous materials, including surfaces coated with lead paint;
(b) confirm that no asbestos products are present on the subject land; or
(d) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998);
(e) describe the method of demolition;
(e) describe the precautions to be employed to minimise any dust nuisance; and
(g) describe the disposal methods for hazardous materials.
34. demolition & site preparation
Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the DEC, and with the provisions of:
(a) New South Wales Occupational Health and Safety Act, 2000;
(b) The Occupational Health and Safety (Hazardous Substances) Regulation 2001;
(c) The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;
(d) Protection of the Environment Operations Act 1997 (NSW) and
(e) DEC's Environmental Guidelines; Assessment, Classification and Management of Liquid and Non Liquid Wastes (1999).
35. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS
All site works complying with the occupational health and safety requirements of WorkCover NSW.
36. SOIL AND WATER MANAGEMENT PLAN
A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DEC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.
37. SOIL AND WATER MANAGEMENT SIGN
Throughout the construction/remediation/demolition period, Council's warning sign for soil and water management must be displayed on the most prominent point of the building site, visible to both the street and site works. A copy of the sign is available from Council.
38. STOCKPILES
Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.
39. LOCATION OF BUILDING OPERATIONS
Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.
40. TEMPORARY DIVERSION OF ROOF WATERS
Stormwater from roof areas shall be linked via a temporary downpipe to Council's stormwater system immediately after completion of the roof area. Inspection of the building frame will not occur until this is completed.
41. ALL BUILDING MATERIALS STORED ON SITE
All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.
42. CONSTRUCTION HOURS
Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:
(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends;
(b) Sundays and public holidays; and
(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.
Noise from construction activities shall comply with the Protection of the Environmental Operations (Noise Control) Regulation 2000.
43. USE OF HEAVY EARTH MOVEMENT EQUIPMENT
Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.
44. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS AND NOT EXCEEDING 26 Weeks
The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.
45. BUILDING CODE OF AUSTRALIA
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
46. quality of construction act - inspections (dwelling houses class 1 and 10)
The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certificate.
MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.
The specified MANDATORY inspections are:
In the case of a Class 1 and 10 building:
(a) at the commencement of building work;
(b) after excavation for, and prior to the placement of, any footings;
(c) prior to pouring any in-situ reinforced concrete building element;
(d) prior to covering of the framework for any floor, roof or other building element;
(e) prior to covering any waterproofing in any wet areas;
(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 following additional inspections are required to be undertaken by the PCA:
(a) sediment control measures prior to the commencement of building work;
(b) foundation material prior to undertaking building work;
(c) shoring of excavation works, retaining walls, piers, piling or underpinning works;
(d) steel reinforcement, prior to pouring concrete;
(e) prior to covering timber or steel framework for floors, walls and roofing, including beams and columns;
(f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls); and
(g) swimming pool fencing prior to filling the pool.
Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.
47. CERTIFICATE OF SURVEY - LEVELS
All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.
48. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING
A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.
49. WATER PROOFING
The floor and wall surfaces of the proposed en-suites, laundry, bathroom and wc being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier.
Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.
50. HOT TAP WATER SCALDING
To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.
51. SMOKE ALARM SYSTEM
A smoke alarm system is to be installed within the building in accordance with the requirements of the Building Code of Australia.
52. EXISTING VEHICLE CROSSING IS TO BE MODIFIED
The existing vehicle crossing is to be modified to provide access to the proposed garage. A separate application is required for the modified vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council.
53. VEHICULAR ACCESS - FINISHED LEVEL
The finished level at the property boundary on both sides of the vehicle crossing is to be 50mm above the existing concrete footpath.
54. work outside property boundary
All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.
55. construction of swimming pools
The following applies to the construction of swimming pools:
(a) Reinforcement is to be inspected by an Accredited Officer or other suitably qualified person prior to the pouring of concrete;
(b) The electrical wiring system for any proposed underwater artificial lighting installation to the pool being installed in accordance with the requirements of Australian Standard 3000, Part 1 - Wiring Rules;
(c) The finished level of the proposed pool is not to exceed a maximum height of RL of 74.60;
(d) To minimise the likelihood of accidental drowning, the swimming pool is to be provided with a child resistant safety fence, designed and constructed in accordance with the requirements of Australian Standard 1926-1993 "Fencing for Private Swimming Pools". This fencing is to be erected and inspected by the Principal Certifying Authority prior to the pool being filled with water; and
(e) A final inspection of the completed pool is to be carried out by the Principal Certifying Authority prior to the pool being filled with water.
56. POOL DRAINAGE
Waste waters from the proposed pool being discharged into Sydney Water's sewerage system and in this regard, approved plans MUST be submitted to Sydney Water at least fourteen (14) days prior to commencement of building operations.
SCHEDULE D – COMPLIANCE PRIOR TO AN OCCUPATION CERTIFICATE OR COMMENCEMENT OF USE
57. FINAL OCCUPATION CERTIFICATE
The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.
58. POOL SIGN
An approved sign outlining details of resuscitation techniques for adults, children and infants must be placed in a prominent position, close to the pool prior to filling the pool with water. Signs are available from Council's Planning & Environmental Services Department.
59. INSPECTION OF POOL
A final inspection of the completed pool is to be carried out by the Principal Certifying Authority prior to the pool being filled with water.
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