Casey v The Hills Shire Council

Case

[2010] NSWLEC 1198

30 July 2010

No judgment structure available for this case.


Land and Environment Court


of New South Wales


CITATION: Casey v The Hills Shire Council [2010] NSWLEC 1198
PARTIES:

APPLICANT
Steven and Lisa Casey

RESPONDENT
The Hills Shire Council
FILE NUMBER(S): 10345 of 2010
CORAM: Hussey C
KEY ISSUES: DEVELOPMENT APPLICATION :- Residential subdivision, compatible with character of area, streetscape, public interest, private covenants precedent.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Baulkham Hills Local Environmental Plan 2005
DATES OF HEARING: 19 July 2010
 
DATE OF JUDGMENT: 

30 July 2010
LEGAL REPRESENTATIVES:

APPLICANT
Mr G McKee (solicitor)
SOLICITOR
McKees Legal Solutions

RESPONDENT
Mr C Winn (solicitor)
of Baulkham Hills Shire Council


JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      Hussey C

      30 July 2010

      10345 of 2010 Steven and Lisa Casey v The Hills Shire Council

      JUDGMENT

Background.

1 This appeal was lodged against council’s refusal of a development application for the demolition of structures on the property and a 2 – lot residential subdivision at 54 George Mobbs Drive, Castle Hill. The proposed subdivision is to create 2 lots, each with an area of 702 sq m and a frontage of 17.02 m.

2 The issues identified for the appeal are summarised as follows:

      • Inconsistent with the objectives of the LEP in terms of maintaining and complementing the existing environmental character of the area.
      • Unacceptable streetscape impacts.
      • Potential detrimental impact on the built environment.
      • Public interest considerations.

      The site

3 The site is described as Lot 25 DP 238803 and it has an area of 1404 sq m and a frontage of 34.119m. There is a partially re-constructed dwelling centrally located across the width of the site with an existing cabana and pool in the rear portion.

4 The subject site is located in the suburb of Castle Hill with the immediate locality being an established urban residential neighbourhood with diverse housing stock. The estate and the majority of homes were built in the 1970's-80's with alterations, additions, renovations and some "knock-down, rebuild" occurring over subsequent years.

5 The original subdivision pattern of the estate is intact and George Mobbs Drive has a unique dress-circle identity within the estate and an openness of streetscape. It is a wide street with notable street trees, generous building setbacks, homes that utilise lot width rather than depth resulting in a wide street presentation.

6 The original deposited plans contained restrictions (covenant) as to user regarding the form of development in this neighbourhood.


      Planning controls

7 The following controls are applicable in the assessment of the development application:


a) Environmental Planning and Assessment Act, 1979;


b) Environmental Planning and Assessment Regulation 2000;


c) Baulkham Hills Local Environmental Plan 2005 ("BHLEP"); under which the land is zoned Residential 2(b) and the subdivision is permissible with consent.


d) Baulkham Hills Development Control Plan - Part C Section 3 - Residential (January 2009) ("BHDCP")


      The evidence

8 Mr C Young (consulting planner for council) and Mr N Kennan (consulting planner for the applicant undertook a detailed joint planning assessment of the proposal (Exhibit 7). A number of the neighbours expressed their concerns at the view and these have been considered together with the written objections in council’s bundle.

9 With respect to the streetscape issue, the planners agreed that George Mobbs Drive could be classified in 3 distinct sections. On this basis, the subject land is in the middle section, which is noticeably different to the other two sections. It features undulating topography with large remnant vegetation on the western side, with no significant plantings on the eastern side.

10 In this section the lot sizes range from 986.4 sq m to 1555 sq m and principal frontages from 24.38 m to 36.91 m, as shown on the plan – Attachment A1. Some lots at the southern end of this section are subject to a transmission line easement.


      BLEP controls

11 Clause 13 of the BLEP provides that consent must not be granted for development unless the consent authority is satisfied that the proposed development:

      (a) is consistent with the one or more of the aims of this plan and any relevant objectives for development, and
      (b) is not contrary to achieving the objectives of the zone within which it will be carried out.

12 Clause 2(1) contains the following aims:

      (a) with respect to the natural and built environment of the Baulkham Hills local government area, to conserve and enhance the natural and built environment of Baulkham Hills for present and future generations, and
      (b) with respect to the community of that area, to encourage a strong sense of community identity and economic well being throughout Baulkham Hills through the development of local communities that are safe, liveable and offer a diversity of land use and economic opportunity, and
      (c) with respect to use of resources within that area, to promote the efficient utilisation of land, services and support facilities in existing urban areas and to provide for the orderly growth of new urban areas that promote a high level of residential amenity, and
      (d) with respect to flexibility, to create a broad framework of controls and allow the opportunity for more detailed provisions relating to matters of lo cal significance to be contained in development control plans.

13 Clause 2(2) contains the following objectives:

      (a) with respect to the natural and built environment of the Baulkham Hills local government area, that development should:
          (i) recognise and implement the principles of ecologically sustainable development, and
          (ii) protect and enhance the area’s biodiversity, and
          (iii) ensure that environmentally sensitive areas are suitably protected, and
          (iv) address all natural hazard concerns, including flooding, landslip, subsidence, salinity, tidal inundation, land contamination and acid sulfate soils, and
          (v) respect, improve and integrate with the local character of the locality in which it is carried out, and
          (vi) rehabilitate the natural environment where damaged by previous activities, and
          (vii) have regard to the land uses that form the rural and urban environment of the Shire, and
          (viii) minimise the use of non-renewable resources and maximise the use of renewable resources, and
          (ix) incorporate energy saving mechanisms and water saving mechanisms, and
          (x) minimise waste and pollution, and
          (xi) promote buildings designed for adaptive re-use, and
          (xii) conserve the heritage significance of existing significant fabric, relics, settings and views associated with the heritage significance of heritage items and heritage conservation areas, and
          (xiii) conserve and enhance the natural, cultural and environmental heritage of the area, and
          (xiv) positively contribute to the retention and maintenance of items of indigenous and non-indigenous heritage, and
      (b) with respect to the community of that area, that development should:
          (i) integrate land use and improve access to open space, employment opportunities, public transport, community facilities and commercial services, and

          (ii) reinforce the retail and commercial centres hierarchy within the area, and

          (iii) provide opportunities for tourism and recreational development in appropriate locations, and

          (iv) provide for home-based activities that are compatible with the character and amenity of the neighbourhood or place in which they are to be located, and

          (v) maximise positive social impacts and minimise potentially detrimental social impacts, and

          (vi) provide informal surveillance of public spaces, and

          (vii) optimise the shared use of streets and parking facilities, while improving or creating an efficient pedestrian environment, and

      (c) with respect to use of resources within that area, development should:
          (i) protect localities from inappropriate development and ensure that local amenity is maintained and enhanced, and

          (ii) provide choice in housing for residents, and

          (iii) ensure that urban housing type varies and is designed and constructed in a manner that can accommodate (or be adapted to the needs of) a variety of household types, and

          (iv) contribute to the synergy between land use activities.

14 Clause 11 contains the following provisions for suspension of covenants:

          11 Suspension of covenants, agreements and instruments
              (1) For the purpose of enabling development on land within any zone to be carried out in accordance with this plan or with a consent granted under the Act, any agreement, covenant or other similar instrument that restricts the carrying out of that development does not apply to the extent necessary to serve that purpose.
              (2) Nothing in subclause (1) affects the rights or interests of any public authority under any registered instrument.
              (3) Pursuant to section 28 of the Act, before the making of this clause, the Governor approved of subclauses (1) and (2).

15 The Residential 2(b) zone objectives are:

          (a) to identify residential areas of a predominantly single dwelling, low-density character, and to maintain that character, and

          (b) to ensure that new housing respects and complements the heritage and environmental character of surrounding low-density development, and

          (c) to allow people to carry out a reasonable range of activities from their homes, where such activities are not likely to adversely affect the living environment of neighbours, and

          (d) to allow a range of development, ancillary to residential uses, that:

              (i) is visually integrated with development carried out on the land and in the surrounding area, and

              (ii) serves the needs of the surrounding population without conflicting with the residential intent of the zone, and

              (iii) does not place excessive demand on services.

16 Part 3 contains special provisions relating to subdivision and demolition whereby land in the Zone 2 (b1) may be subdivided into lots with a minimum area of 700 sq m.


      Baulkham Hills DCP

17 Part C Section 3 applies to all activities permissible in the residential zones and it contains detailed development controls to achieve the stated objectives. The relevant objectives are:

          (i) encourage a high standard of aesthetically pleasing and functional residential developments that sympathetically relate to adjoining and nearby developments to create consistent streetscape and character.
          (ii) Ensure that development will not detrimentally affect the environment of any adjoining lands and ensure that satisfactory measures are incorporated to ameliorate any impacts arising from the proposed development.
          (iv) Provide high levels of amenity for future residents of any residential development.
          (vi) To facilitate the implementation of the aims and objectives of residential development as set out in Baulkham Hills LEP 2005.

18 Section 2.5 contains the streetscape and character controls, which are based on the following objective:

          (i) To ensure that the appearance of new development is of a high visual quality, enhances the streetscape and complements surrounding development.

19 Section 2.13 contains the controls for subdivision.

Minimum Allotment Size and dimensions for Single Dwellings
Zone
Area
Classified road frontage
Other road frontage
Depth
2(a),
2(a1),
2(a2),
2(a3),
2(a4)
700m 2
27m
18m
27m
2(b)
700m2
27m
18m
27m
2(c)
700m2
27m
18m
27m
2(d)*
2000m2
To
4000m2
27m
23m
50m
2(e) Refer Clause 33 of BHLEP 2005

20 Accordingly, the minimum dimensions for subdivision are an area of 700 sq m and frontage of 18m. In the joint planning report, the experts agree that:

          (i) The only control in the DCP which is not complied with is the 18m frontage control and this non – compliance is minor.
          (ii) In isolation, non – compliance with the 18m minimum lot frontage would not necessarily be fatal to the application.

      Joint planning evidence

21 The planners initially agreed that cl 11 of the BLEP can negate the provisions of any restrictive covenant such as exists on the subject land Furthermore, in consideration of the issues, they referred to the following table that identifies the geometric characteristics in this middle section.

Dimension
Value
Proposal
Variation
Mean (average) frontage width
27.17m
17.036m
37.2%
Median frontage width
27.43m
17.06m
37.8%
Mean (average) lot area
1,006m 2
702m 2
30.2%
Median lot area
945m 2
702m 2
25.7%

22 Mr Young says that as no other lot in this middle section of George Mobbs Drive has a frontage in the order of 17.06 m, the proposal would therefore be out of character with the existing broad frontages with houses presenting their greatest dimension to the street. Accordingly, the introduction of lots with areas of 702 sq m and 17.06m frontages will be both different and out of character to this section and subsequent houses constructed on those sites will be different to and not in harmony with the existing character.

23 However Mr Young acknowledged that there would be no objection in principle to an additional dwelling on the site, as permitted by the controls, providing the character is maintained.

24 Against this, Mr Kennan says that the objective (a) of the 2(b) zone is identify low – density residential areas and maintain that character. According to aim 1(d) of the BLEP, this is to be achieved by compliance with the DCP controls i.e. a minimum area of 700 sq m and minimum frontage of 18 m.

25 He then says that the development controls do not indicate any particular characteristics of this section of this street, which would lead to the refusal of the application. Such controls could have included heritage controls or a conservation area zone, which would have given more weight to the retention of the existing lot sizes and street presentation. But council did not adopt this approach.

26 Instead, he considers the effect of the controls is to provide a flexible approach to new housing development, which allows for some changes without adversely affecting the fundamental character of the area. This opinion is supported by the fact that the controls allow both suitable detached and detached housing on this land. Such development would apparently lead to acceptable outcomes in terms of the controls. Therefore he does not consider there would be any significant difference with 2 Torrens Title lots when compared to a dual occupancy development.

27 In response to the s 2.5 DCP controls, Mr Young says that the proposed narrower frontages will be an anomaly and inconsistent with both the streetscape and character of this area. Furthermore, that it would not relate well to its neighbours.

28 According to Mr Kennan, the relevant DCP controls should apply to this area and he refers to the other requirement that new sites should be capable of providing a 20 x 15 m building platform, which he says the proposal also complies with.


      Objections

29 A considerable number of written objections to the development were submitted and these have been considered along with the oral evidence given at the view. The objections are summarised as follows:

          • History of the area; many of the residents have lived in this area since its development over 40 years ago. They chose this area because of its attractive environment, which they consider would be destroyed by the approval of this development.
          • Character of the area; This attractive environment is characterised by the larger lots, which have wider frontages. These lots have resulted in larger homes being built in a landscaped setting providing a high level of spaciousness and visual amenity.
          • Streetscape; this section of George Mobbs Drive is different to other sections because of the characteristic wider frontages and the subdivision would destroy the existing attractive streetscape quality. The development would result in 2 driveways to the separate dwellings.
          • Best Residential Street Award; The street won this award in 1988 and the residents consider the qualities that achieved it would be depreciated by the development.
          • Protective covenants; As there are covenants which restrict the size and scale of building, these should be given determining weight.
          • Non – compliance with DCP; the 17.06m frontage does not comply.
          • Loss of privacy;
          • Traffic impacts.
          • Intentions of applicant to sell one lot.
          • Precedence.

Conclusions

30 Having considered the evidence, the submissions and undertaken a view, I am satisfied that a proper application of the current council planning controls allows the conditional approval of this 2 – lot subdivision.

31 Firstly, the land is zoned Residential 2(b) under the BLEP and the subdivision of this land is permissible because it exceeds the minimum area requirement of 700 sq m. As compliance with this development control apparently achieves the predominantly single dwelling, low density character, then there is general compliance by the development with this and the associated objectives for this zone

32 The BHDCP also provides the complementary detailed development controls to achieve the desired character outcomes. The development has been assessed by the planners who agree that the proposal is compliant except for a deficit of approximately 900mm in the frontage of each new lot. As this represents a non – compliance in the order of 5%, they agree that this is not of significant magnitude to warrant refusal of the application.

33 Insofar as there then is substantial numeric compliance with the controls to enable approval, I nevertheless accept that there should also be substantial qualitative compliance with the intent of the controls. In this case, this attractive middle section of George Mobbs Drive, the existing development is characterised by the generally larger lots with wider frontages, which allows for front landscaping and generous side set backs.

34 According to Mr Kennan’s evidence, Aim 1(d) of the BLEP allows council to prepare development control plans, which incorporate matters of local significance. The resultant controls adopted are the minimum 700 sq m lot area and 18 m frontage, which presumably satisfy objective (c)

          encourage a high standard of aesthetically pleasing and functional development that sympathetically relate to adjoining and nearby developments…

35 Mr Kennan was unable to find any reference in the planning controls, which specifically relate to restrictions in the 2(b) zone or special considerations for George Mobbs Drive. He says that in particular circumstances, conservation areas or heritage areas can be designated in order to retain aspects of existing development.

36 In fact this approach has been adopted by council with the specific identification on Sheet No 14 of a designated area in nearby Clarissa Place, where the minimum lot sizes are 2000 sq m. Then on Sheet 15, areas in Knight Place also have 2000 sq m lots. Sheet 34 shows areas where council has decided differentiate and specify areas minimum building setbacks of 6m and 9m.

37 In the circumstances then, I rely this evidence and accordingly do not consider there is any specific reference in the controls that would impose some form of conservation on this site, as submitted by the residents.

38 Notwithstanding this, the planners have considered the merits of the 2 – lot subdivision on the basis that its purpose is to enable 2 suitable dwellings on the proposed new lots. They agree that suitably designed dwellings can be designed for the lots. Such designs will maintain the existing front set backs, the landscaping character along with the mature turpentines and comply with the side set back controls. The designs can also satisfy the 15m x 20m building footprint control that applies to the site.

39 The main difference would be a “gap” between the future dwellings along the common boundary setback. However, I am satisfied that a good design of any new dwellings can be prepared, which achieves satisfactory streetscape and amenity outcomes. Consequently, I am satisfied these matters support the approval of the development.

40 Apart from this, I note that the existing controls allow for either detached or attached dwellings on the site. This possibility would inevitably result in some changes to the character of this immediate neighbourhood. But this is a change clearly envisaged by the controls.

41 One of the issues raised by the objector’s concerns precedential effects. The planners addressed this by reference to the lot geometry analysis in Exhibit 4, which shows the lot areas and frontages for some 42 nearby lots. It is obvious from this that there are very few lots with sufficient area to allow subdivision. Also, some of the larger lots are constrained by transmission line easements, which restricts subdivision opportunities. Therefore I do not consider the approval of the subject application is likely to set a precedent, which would significantly change the character of the area.

42 In summary then, I am satisfied that the proposal demonstrates compliance with the current controls, in particular it is consistent with the aims in cl 2 (1) (a) and is not contrary to the zone objectives, so as to merit consent. The 900mm frontage non – compliance is minimal and I rely on the expert planners agreement that this is not sufficient to warrant refusal of the application.

43 I have carefully considered the considerable number of objections, but consider that determining weight should be given to the implementation of the planning controls, which I consider this application reasonably complies with. These controls are contained in the DCP, which has presumably been adopted in the usual course following community consultation so as to represent the broader public interest.

44 The approval of the 2 – lot subdivision would enable future development applications for dwellings, which would then be subject to assessment on merit, relative to the current controls at the time.


45 The Court orders:

      1 The appeal is upheld.
          2 Development consent is granted to DA 844/2010/ZA for the demolition of existing structures and a subdivision creating 2 residential lots at No 54 George Mobbs Drive, Castle Hill subject to the conditions in Annexure A.
          3 The exhibits may be returned except 1, 3, 7, A and F.
      _______________________
      R Hussey
      Commissioner of the Court
      Ljr/dj

Annexure ‘A’


Conditions of Consent

Casey v The Hills Shire Council


GENERAL MATTERS

      The subdivision being carried out in accordance with the approved plan of subdivision prepared by Craig & Rhodes (Drawing reference 27809L01) stamped, signed and dated 09.11.09.
      In order to provide a consistent and accurate system of house numbering throughout the Shire, house numbering is to be provided through discussion with Councils Land Information Management Section. The responsibility for house/unit numbering is vested solely in Council.

      Prior to the submission of an application for the issuing of a Subdivision Certificate, a final plan pre-lodgement meeting is required.

      The meeting is to be held to establish that all conditions of the endorsed subdivision consent have been completed to Council's satisfaction. Pre-lodgement meetings are to be held at a mutually convenient time. It is suggested that prior to a final plan pre-lodgement meeting a copy of the final plan and 88B instrument is submitted to Council for checking so as to eliminate delays in processing.
      To maintain the treed environment of the Shire, all trees as shown on Proposed Subdivision Plan prepared by Craig & Rhodes and dated 09/11/09 are to be retained and will be assessed as part of future development application for construction of dwelling.

      Street trees and tree guards must be provided at a rate of two (2) trees per allotment frontage. The location of street trees must compliment driveway locations. The species and size of all street trees must comply with Council's requirements.

      Street trees are required to be provided at the time of subdivision construction unless otherwise approved.

      NOTE: Street trees and tree guards can be provided by Council in accordance with Council's adopted Schedule of Fees and Charges.
      Prior to any demolition works commencing on the site, the applicant is to notify all adjoining and adjacent neighbours and Council, five (5) working days prior to work commencing.
      The Waste Management Plan submitted to Council must be adhered to at all stages in the demolition/construction/design of facilities and on-going use phases. All waste material nominated for recycling must be reused or recycled. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act (1997) and only to a place that can lawfully be used as a waste facility. Dockets/receipts verifying recycling/disposal must be kept and presented to Council when required.

      Council requires twenty four (24) hours notice for inspections. Please ring Development Certification on 9843 0555 before 3.30pm to book an inspection for the following day.

      The proposed demolition works must be inspected by Council at the following key stages:-

      a) Pre-demolition including sediment controls and site fencing / signage; and

      b) Completion of demolition (incorporates Infrastructure Inspection).

      Any bank guarantee required in order to facilitate release of the Subdivision Certificate shall:
      a) Have no expiry date;

      b) Be forwarded direct from the issuing bank with a suitable cover letter that refers to Development Consent No. DA 844/2010/ZA;

      c) Specifically reference the item(s) and amounts being guaranteed. If a single bank guarantee is submitted for multiple items it must be itemised.

      Should it become necessary for Council to uplift the bank guarantee, notice in writing will be forwarded to the applicant fourteen (14) days prior to such action being taken.

      NOTE: No bank guarantee will be accepted that has been issued directly by the applicant.

      The reuse and recycling of waste materials must be maximised during construction and demolition. The separation and recycling of the following waste materials is required:

      a) Masonry products (bricks, concrete, concrete roof tiles) to be sent for crushing/recycling;

      b) Timber waste to be separated and sent for recycling;

      c) Metals to be separated and sent for recycling;

      d) Clean waste plasterboard to be returned to the supplier for recycling (excluding plasterboard from demolition); and

      e) Mixed waste (plastic wrapping, cardboard etc) to be sent to a licensed recycling or disposal facility.
      This can be achieved by constructing a minimum of five trade waste compounds on-site. Each waste compound must be adequately sized to enclose the waste . Alternatively, mixed waste may be stored in one or more adequately sized waste compounds and sent to a waste contractor/waste facility that will sort the waste on their site for recycling.. Waste must be adequately secured and contained within designated waste areas and must not leave the site onto neighbouring public or private properties. Personal waste must not litter the site. Copies of actual weighbridge receipts verifying recycling/disposal must be kept and presented to Council when required.

      The disposal / landfill of surplus excavated material, other than to a DECC licensed facility, is not permitted without formal approval from Council prior to the commencement of works. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties. Unless Council approves an alternate site, then all surplus excavated material must be disposed of at a licensed waste facility. Copies of actual weighbridge receipts verifying recycling/disposal must be kept and presented to Council when required.

      The following measures must be taken to control the emission of dust:
      • dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the work;
      • all dusty surfaces must be wet down and any dust created must be suppressed by means of a fine water spray. Water used for dust suppression must not be allowed to enter the street or stormwater system;
      • all stockpiles of materials that are likely to generate dust must be kept damp or covered.

PRIOR TO WORK COMMENCING ON THE SITE

      Submission of a landscape plan prepared by a landscape architect outlining the proposed street tree planting in the footpath verge and screen planting wholly contained within the development site along the George Mobbs Drive frontage must be submitted to and approved by Council prior to the issuing of a Subdivision Certificate. The landscape plan prepared by Jane Britten design dated April 2010 and L01B and L02.
      The trees that are to be retained are to be protected during all works with 1.8m high chainwire fencing which is to be erected at least three (3) metres from the base of each tree and is to be in place prior to works commencing to restrict the following occurring:
      • Stockpiling of materials within the root protection zone,
      • Placement of fill within the root protection zone,
      • Parking of vehicles within the root protection zone,
      • Compaction of soil within the root protection zone.


      All areas within the root protection zone are to be mulched with composted leaf mulch to a depth of not less than 100mm.

      The installation of services within the root protection zone is not to be undertaken without consultation with Council's Tree Management Officer.
      The demolition of any existing structure is to be carried out in accordance with the Occupational Health & Safety Regulations 2001 Part 8 and the Australian Standard AS 2601-1991: The Demolition of Structures. All vehicles leaving the site carrying demolition materials are to have loads covered and are not to track any soil or waste materials on the road. Should the demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining public road or reserve, a separate application is to be made to Council to enclose the public place with a hoarding or fence. All demolition waste is to be removed from the site according to the Council's approved waste management plan. - Demolition Waste Section. All asbestos, hazardous and/or intractable wastes are to be disposed of in accordance with the Workcover Authority Guidelines and requirements. The asbestos must be removed by a bonded asbestos licensed operator. Supporting documentation (dockets/Receipts), verifying recycling and disposal must be kept, to be checked by Council if required.
      An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet - is to be provided on the land, prior to building operations being commenced.
      Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater - Soils and Construction produced by the NSW Department of Housing (Blue Book).
      A stabilised -all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls shall be in accordance with the requirements with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater - Soils and Construction produced by the NSW Department of Housing (Blue Book).

      The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

      The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours contact name and telephone number. In the case of a privately certified development, the name and contact number of the Principal Certifying Authority.
      Prior to commencement of any demolition works, Council must be notified to collect any garbage or recycling bins from any dwelling/building that is to be demolished and to discontinue the waste service (where the site ceases to be occupied during works). Construction or demolition workers must not use Council's domestic and garbage and recycling service for the disposal of waste. Please contact Council's Domestic Waste Hotline on 1800 623 895 for the discontinuation of waste services.


DURING CONSTRUCTION

      Work on the project to be limited to the following hours: -

      Monday to Saturday - 7.00am to 5.00pm;

      No work to be carried out on Sunday or Public Holidays.

      The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work. Council will exercise its powers under the Protection of the Environment Operations Act, in the event that the building operations cause noise to emanate from the property on Sunday or Public Holidays or otherwise than between the hours detailed above.

PRIOR TO ISSUE OF A SUBDIVISION CERTIFICATE

      The submission of written confirmation from a qualified landscape contractor that the landscaping detailed in condition 13 has been completed in accordance with the approved landscaping plan.
      Lodgement of a landscape bond in the amount of $5,000.00. This bond is required to ensure the street tree and' screen planting along the frontage of the site is carried out and maintained in accordance with the approved landscape plan. The bond will be refunded subject to the satisfactory completion and protection of these works and after a period of 24 months following the issue of a Subdivision Certificate.

      A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water. Application must be made through an authorised Water Servicing Coordinator. A list can be found by following this link:

      " aterserv_ext_print. htm"

      The certificate must refer to the issued consent, all of the lots created and Development Consent DA 844/2010/ZA.
      NOTE: Sydney Water's guidelines provide for assumed concurrence for the strata subdivision of a development approved by an earlier DA covered by a compliance certificate.

      Submission of a compliance certificate confirming satisfactory arrangements have been made for the provision of electrical services. This includes the under-grounding of electrical services where directed by the relevant service provider. This must include street lighting for newly proposed roads and the provision of a hinged lighting column in any proposed pedestrian pathway links.

      The certificate must refer to all of the lots created and Development Consent DA 844/2010/ZA.

      Submission of a compliance certificate issued by the relevant telecommunications provider authorised under the Telecommunications Act confirming satisfactory arrangements have been made for the provision (or relocation) of telecommunication services including telecommunications cables and associated infrastructure. This includes the under-grounding of aerial telecommunications lines and cables where directed by the relevant telecommunications carrier.

      The certificate must refer to all of the lots created and Development Consent DA 844/2010/ZA.

      The submission of a Subdivision Certificate application accompanied by the following:

      a) The original final plan and administration sheet(s);

      b) Ten (10) copies of the final plan and administration sheet(s);

      c) The original plus one (1) copy of the 88B Instrument creating all necessary easements, positive covenants and restrictions (where required);

      d) All certificates and supplementary information as required by this consent;

      e) The completed checklist confirming compliance with all consent conditions (a blank checklist is attached);

      f) An electronic copy of the final plan of subdivision on disk in AutoCAD

      NOTE: Council will not accept a Subdivision Certificate application without all the items listed above.

      Submission of a lot, classification report prepared by a suitably qualified geotechnical engineer following the completion of the subdivision works confirming that all allotments are compliant with AS2870 Residential slabs and footings - Construction (1996) and are suitable for residential development.

      The lot classification report must be accompanied by a separate table which clearly shows the classification of all lots created as part of the subdivision.


29. Delete

      The following monetary contributions must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.

      Payments comprise of the following:-

      Subdivision
      Purpose
      Per Lot
      No. of lots: 2
      No. of credits: 1
      Total
      Roads & Traffic - Capital $ 105.55 $ 211.10 $ 105.55 $ 105.55
      Open Space - Land $ 3,830.66 $ 7,661.32 $ 3,830.66 $ 3,830.66
      Open Space - Capital $ 282.67 $ 565.34 $ 282.67 $ 282.67
      Community Facilities - Land $ 17.11 $ 34.22 $ 17.11 $ 17.11
      Community Facilities - Capital $ 198.95 $ 397.90 $ 198.95 $ 198.95
      Total $ 4,434.94 $ 8,869.88 $ 4,434.94 $ 4,434.94


      The contributions above are applicable at the time this consent was issued. Please be aware that Section 94 contributions are updated quarterly.

      Prior to payment of the above contributions, the applicant is advised to contact council’s Development Contributions Officer on 9843 0268. Payment must be made by cheque or credit/debit card. Cash payments will not be accepted.

      This condition has been imposed in accordance with Contributions Plan No. 7.

      Council’s Contributions Plans can be viewed at or a copy may b e inspected or purchased at Council’s Administration Centre.

      ________________________
      R Hussey
      Commissioner of the Court
      ljr
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