CB Richard Ellis (v) Pty Ltd trading ass CBRE Town Planning v Palerang Council
[2009] NSWLEC 1450
•18 December 2009
Land and Environment Court
of New South Wales
CITATION: CB Richard Ellis (V) Pty Ltd trading ass CBRE Town Planning v Palerang Council [2009] NSWLEC 1450 PARTIES: APPLICANT
RESPONDENT
CB Richard Ellis (V) Pty Ltd trading ass CBRE Town Planning
Palerang CouncilFILE NUMBER(S): 10684 of 2009 CORAM: Murrell C KEY ISSUES: APPEAL :- S.96 Modification application for 5 lot subdivision, whether use of right of carriageway will have an adverse impact on adjoining propeties. LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Yarrowlumla Local Environmental Plan 2002DATES OF HEARING: 18 December 2009 EX TEMPORE JUDGMENT DATE: 18 December 2009 LEGAL REPRESENTATIVES: APPLICANT
Mr T To (solicitor)
SOLICITOR
Tetlow Tigwell Watch, LawyersRESPONDENT
Mr A Bradbury (solicitor)
SOLICITOR
Williams Love & Nicol
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESMurrell C
18 December 2009
JUDGMENT10684 of 2009 CB Richard Ellis (V) Pty Ltd t/as CBRE Town Planning v Palerang Council
1 The applicant in these proceedings is seeking to modify a development consent granted by the respondent, Palerang Council, on the 7th May 2009. The consent is for the subdivision of some 40 hectares of land Macs Reef Road, Bywong into five lots.
2 The subject site is known as No. 786 Max Reef Road, Bywong and is located on the northern side of Max Reef Road west of Bankers Road. The proposed five lot subdivision of the subject land being lot 51 DP 700408 is shown at Figure 1, the site has an area of 40 ha and the lots range between 2.5 ha to 16 ha. Figure 2 the aerial photograph shows the subject site in relationship to Hideaway Place.
3 The matter was set down for an On-site Hearing and prior to this the parties advised that they were seeking consent orders. That is, the Council no longer contested the matter.
4 The Court however must be satisfied that the matter is one that should be approved despite the parties agreement to enter into consent orders. On the site I heard from a number of resident objectors and had the opportunity of inspecting their properties in relationship to the proposed access way for the subdivision.
5 The subject site is zoned Rural Residential 1(d) under the Yarrowlumla Local Environmental Plan 2002. Clause 17 allows subdivision with consent and cl 11(2) requires development to be consistent the objectives of the plan and the zone.
- Zone No 1 (d) (Rural Residential Zone)
The objectives of this zone are as follows:
(a) to provide the opportunity for development of integrated rural residential communities,
(b) to promote an innovative and flexible approach to rural residential development,
(c) to ensure that development is compatible with the environmental capabilities of the land and to encourage the conservation and enhancement of natural resources by means of appropriate land management techniques,
(d) to assist in meeting the demand for rural residential development where it is consistent with the conservation of rural, agricultural, heritage and natural landscape qualities,
(e) to ensure that attractive views from main roads and other vantage points are protected and enhanced,
(f) to ensure that adequate provision has been made for water supply and disposal of effluent,
(g) to ensure that development does not create unreasonable demands, now or in the future, for the provision or extension of public amenities or services,
(h) to ensure that traffic-generating development is suitably located so as not to adversely affect the safety and efficiency of roads,
(i) to ensure that development will not lead to excessive soil erosion or run-off,
(j) to ensure that the form, siting and colours of buildings, building materials and landscaping complement the natural scenic quality of land within this zone,
(k) to ensure that any effect development will have on threatened plant and animal species or regionally significant grassland and grassy woodland communities is taken into account,
(l) to ensure that sites of Aboriginal archaeological significance in the zone are identified and protected.
6 The subject land has access from Macs Reef Road along the southern boundary and access from a right of carriageway at the end of Hideaway Place. The applicant seeks a modification that, amongst other things, would allow access to proposed lots 4 and 5 to use the easement for right of way rather than the consent that requires access to all lots from Macs Reef Road. The applicant states that access only to Macs Reef Road would require significant engineering works including crossing a creek at a higher cost and with greater environmental impacts requiring a significant cut in the land of 7 metres and clearing of vegetation for the cul-de-sac with a 15 metre radius.The conditions sought to be modified are those numbered 4, 6, 10, 14, 15, 16, 17 18, 19, 20, 21, 23, 24, 30, 31, 34, 40 and 41.
7 The applicant’s Statement of Facts and Contentions states the applicant is seeking the following changes to the conditions.
- Condition 4
- (a) The modification deletes the requirement for evidence that all conditions of consent have to be complied with prior to an application being made for a subdivision certificate.
(b) The reason for the modification is that condition 9 of the consent expressly requires such evidence to be provided prior to release of subdivision linens, ie. it permits compliance to be secured after application being made for a subdivision certificate.
(c) The applicant notes that condition 39 is in the same terms as condition 4. The same modification is sought.
- Condition 6.
(b) The reason for the modification is that the condition:
(i) seeks to fetter the future planning discretion of the respondent in relation to dual occupancy and/or multiple occupancy development, which is permissible development in the zone; and
(ii) does not fairly and reasonably relate to the development approved by the consent (subdivision); and
(iii) is unreasonable. 8 Condition 10.
(a) The modification deletes a requirement for creation of landscaping buffers on the eastern side of the nominated building envelopes of Lots 3-5.
(b) The reason for the modification is that the condition does not fairly and reasonably relate to the development approved by the consent (subdivision). Further consent will be required if and when new building within the nominated building envelopes is proposed. Assessment of landscaping requirements is only appropriate at that future time.
- 9 Conditions 14-19, 21, 31, 34 and 41.
(b) Proposed Lots 1-3 have a frontage to Macs Reef Road. Lots 4 and 5 have a frontage to Hideaway Place. Hideaway Place is presently a private road, subject to a registered right of carriageway in favour of the subject land.
(c) The applicant proposed in the development application that Lots 1-3 continue to be accessed off Macs Reef Road, and that Lots 4-5 be accessed via Hideaway Place, through the registered right of carriageway.
(d) The access regime imposed under the consent requires access to Lots 4 and 5 to occur indirectly from Mac's Reef Road. The conditions contemplate that such access will be achieved by:
(i) Construction of a new public road, cul-de-sac and a new private road across Lots 3, 4 and 5. The public road is to be 6.5m width for approx. 250 metres and the private road 3m width for over 300 metres.
(ii) Construction of a high level crossing over Donnelly Creek which is generally situated within Lot 3. Such a crossing requires further approvals from RFS, DWE and DPI.
(iii) Creation of a registered right of carriageway over Lot 4 in favour of Lot 5 for the private road.
(iv) Consequential upgrading of the entrance to Lot 3 at Macs Reef Road to cater for access to 3 lots instead of 1.
(v) Requirements for road naming and security bonding for the public road.
(e) The modification seeks to restore the access regime to that proposed in the development application, that is, for access to Lots 4-5 from Hideaway Place. This will be proposed by amendment of condition 14, and deletion of conditions 15-19, 21, 31, 34 and 41.
(f) The reasons for the modification are:
(i) Access to Lots 4-5 via Hideaway Place creates less environmental impact from new roads, in terms of the extent of road required and avoiding the need to build across the riparian zone (Donnelly's Creek).
(ii) Access to Hideaway Place was contemplated when the respondent granted consent to the community plan development adjacent to Lots 4 and 5, through the requirement for the registered right of carriageway in favour of the subject land.
(iii) The conditions do not fairly and reasonably relate to the development and are unreasonable in the circumstances.
- Condition 20
(b) The reason for the modification is that the condition does not fairly and reasonably relate to the development approved by the consent (subdivision), is not required as a consequence of the subdivision, and is unreasonable in the circumstances.
- Condition 23.
(b) The reason for the modification is to clarify that the standards apply to new, but not existing inter-allotment fencing. The existing fencing is in good condition and of a higher standard than the standard specified in the condition.
- Condition 24.
(b) The reason for the modification is to clarify that existing fencing may be retained.
- Condition 30.
(b) The reason for the modification is to clarify that the applicant's obligation is to make an application for closure which, in conjunction with condition 9, is required to occur before release of subdivision linens. As drafted the condition is susceptible of being read as requiring the closure of the public road occur before release of subdivision linens. Such a requirement would be outside of the applicant's control (depending on the time taken by the Department of Lands) and is not fairly and reasonably required.
- Condition 40.
(b) The reason for the modification is that such a restriction already exists in DP 700408 and the condition is redundant and thereby unreasonable.
8 The Court met the parties and resident objectors on site and heard the residents concerns. The applicant seeks that proposed lots 4 and 5 in the subdivision gain access via a right of carriageway at the end of the cul-de-sac known as Hideaway Place between lots 3 and 4 in DP 270429.
9 The owners of lot 3 in Hideaway Place, expressed concern about the access road and its proximity to their recently constructed dwelling house. They are also concerned about the pollutants from passing traffic, in particular that may affect their drinking water and the drainage from the road surface of the right of carriageway onto their property. They also expressed concern to the Court that the right of carriageway was to a single property and the subdivision with the possibility of dual occupancy development on each lot would generate additional traffic and the impacts of this on their privacy and amenity of their residential property would be impacted including headlights from vehicles using the right of carriageway.
10 The owner of lot 4 in Hideaway Place expressed concern about the existing condition No. 10 for the subdivision approval requiring consultation for the landscaping. They are of the opinion that a 5 metre wide buffer of landscaping of local indigenous species would be required for the length of the access way that adjoins his property. They are also concerned about the construction of the type of private road and the location within the easement and the cost maintenance of the road and the public liability insurance. They also expressed concern about the fact that dual occupancy development could occur on all the lots once subdivided.
11 The owner of lot 6, Hideaway Place informed the Court that the subdivision of Hideaway Place was a community title development that requires the land owners of the lots to be bound by the community title rules, in particular, the protection of certain land the subject of the community lot. She expressed concern that the same principle should apply to the subdivision of the subject land. She also questioned the proposed access in terms of the right of carriageway and is of the opinion it would have an adverse environmental impact.
12 The owner of lot 7, Hideaway Place referred the Court to the terms of the right of way and the fact that the owners of the subject site only have the right to pass and re-pass. She also expressed concern that there should be a condition preventing the individual lots being developed for dual occupancy.
13 The Court also has the benefit of council’s bundle of documents that includes the resident objections made in response to notification of.this s96 modification application
14 The owners of the properties in the Hideaway Place community title development prepared a submission in response to the consent orders prior to the hearing and their comments on the conditions proposed by the Council in the consent orders are as follows:
Comments on proposed conditionsSutton Hideaway Community Association comments on proposed conditions of the consent orders dated 16 December 2009…
Members of the Sutton Hideaway Community Association, being joint owners of the land (Lot 1) over which the right of carriageway exists, maintain their opposition to the upgrading and use of the right of carriageway for residential access to the proposed Lots 4 and 5.
While maintaining our opposition, Community Association members consider that the following changes and additions to the proposed conditions of the consent orders should be made if the Land and Environment Court rules in favor of the applicant.
Condition 1A
Community Association members require an explanation of this condition and its effect, and have the opportunity to comment once clarified.
- Condition 10
In determining the satisfaction or otherwise of the landscape plan for the eastern boundary of proposed Lots 4 and 5, the Council must consult with Sutton Hideaway Community Association members.
Condition 18
The drainage plan must be approved by the owners of Lots 2 and 3 Hideaway Place and Council.
The private road over the right of carriageway must have kerb and guttering on the lower side.
Additional conditions requested
1. The quality of the rainwater collected on Lot 3, Hideaway Place must be maintained, through the applicant providing upfront funding for the installation of additional filtration equipment, regular monitoring of the water quality and regular servicing of the rainwater tank.
2. The applicant must fund construction of a gate, fencing and private property signs, at least equivalent to that which currently exists at the entrance to the carriageway, to preserve the Sutton Hideaway Community Land (Lot 1), which has a high conservation value. These are to be constructed along the edge of the right of carriageway where the access to the Community Association Lot I extends up the hill.
3. The applicant must provide a landscape screen, commencing at the driveway of Lots 3 and 4, Hideaway Place, to the eastern boundary of the proposed Lots 4 and 5. The requirements of the landscaping must be consistent with condition 10 of the consent orders. Prior to commencing landscaping, the applicant must seek the agreement of the owners of Lots 3 and 4, Hideaway Place.
4. The applicant must provide upfront funding for a timber fence with lapped palings, commencing at the driveway of Lot 3, Hideaway Place to the eastern boundary of the proposed Lot 4. The applicant must seek the agreement of the owners of Lot 3, Hideaway Place to the proposed fencing works.
5. Reinstate Conditions 6A and B - building envelopes, as per the Statement of Facts and Contentions, being restrictions on dual or multiple occupancy.
6. No costs for the construction or maintenance of the road over the carriageway will be borne by the Sutton Hideaway Community Members.
7. The zoning of Lots 4 and 5 will be residential only, that is, there will be no commercial or primary producing activities undertaken on these lots.
8. Any obligations from the consent orders that currently rest with the applicant will be transferred with the sale of proposed lots 4 and 5.
15 At the on-site hearing the applicant provided the following outline of submissions:
- The applicant and the Council have resolved their differences and ask the Court to make orders by consent.
The principal matter for consideration raised by the appeal is the regime for access to proposed Lots 4 and 5 of the subdivision [Bundle, page 34].
Immediately adjoining Lot 51 to the east is a community title subdivision (DP 270429)' created in about May 2003.
Accepting that the concerns of the objectors are genuinely held, the applicant submits that the Court would nevertheless find the proposed access regime to be acceptable in the circumstances. Specifically, those circumstances are:The Consent Orders contemplate that:
Access to proposed Lots 4 and 5 will be by a sealed access road to be constructed over an existing registered right of carriageway that burdens Lot 1 of the community scheme and benefits Lot 51. This right of carriageway joins Hideaway Place, a public road, that in turn connects to Bankers Road and from there Macs Reef Road.
The subdivision consent will not operate until separate development consent is obtained for the construction of the access road on the right of carriageway.
The Community Association and individual lot owners of that community title subdivision have objected to the modification application [Bundle, Tabs C5-C12].
T he issues raised by the objections may be summarised as fo llows:
Amenity impacts from use of the right of carriageway and from construction activity;
Privacy and quiet enjoyment of property;
Impact on water quality and air quality;
Owner's consent.
The proposed access regime provides a desirable environmental and planning outcome s . Such access involves minimal environmental impact on high value and "critical habitat value" bushland north of Donnelly Creek, and provides access economically, consistent with the requirements of clauses 16(1)(d) and (e), and clause 18(1)(c) of the Yarrowlumla Local Environmental Plan 2002 [Bundle, pages 179-180; Report of Mark Grayson, pages 3-9; Report of Bernie Cusack, pages 11-12];
The proposed access regime provides coinciding practical and legal access, consistent with objective (i) of clause 1.6 of the Yarrowlumla DCP for Rural Zones [Bundle, page 245]. In this regard the Council has admitted in the proceedings that Hideaway Place is a public road;
The likely amount of traffic to be served from two (2) rural residential lots will not create any unacceptable amenity impacts (visual, privacy, quiet enjoyment) on the community association lots, particularly having regard to the denser subdivision pattern of that scheme;
The bitumen sealing of the access road will mean there will be no dust impacts from its use;
The design of the access road, in accordance with Council's standard requirements [Bundle, pages 269-271], will cater for stormwater drainage and not create water quality impacts.
Any temporary impacts from construction activities can be adequately and appropriately managed by standard construction techniques (eg. water spray dust suppression).
The existing registered right of carriageway carries with it the ancillary property right for the owner of the dominant tenement to carry out works on the right of carriageway including construction of road surfaces: Bland v. Levi (2000) 9 BPR 17,517; [2000] NSWSC 161.
- The matter of owner's consent of the Community Association to a future development application to construct the access road is not a matter requiring determination in these proceedings.
16 In my determination of the modification application I have carefully considered the concerns of the objectors and the expert evidence to the Court including the conditions as discussed.
17 On the question of the use of the right of carriageway to access 2 of the proposed lots I am satisfied that on a merits assessment that such use is not unreasonable and will not impact on adjoining properties to warrant refusal of the application. I appreciate that existing residents may not embrace change but the role of the Court is to assess whether such change is acceptable or whether it would create unreasonable environmental impacts.
18 Hideaway Place is a public road and the applicant enjoys the benefit of the right to pass and repass over the easement (right of carriageway) in DP270429. I agree with the applicant’s submission that the question of owner’s consent for the construction of the access road over the easement is not a matter for me in this s96 modification application. The design specifications for the road construction are to be in accordance with the Council’s standard requirements. Exhibit B is a copy of the 88B instrument for the easement and restriction on the use of the land under the Conveyancing Act. I note that the subject site is nominated as the lot benefited by the right of carriageway that is of a variable width.
19 I am satisfied that the use of the easement, that is proposed to be sealed, for use by 2 of the proposed lots, including the additional traffic if each lot is developed for a dual occupancy, would not have unacceptable amenity impacts in terms of traffic, noise, privacy, lights or other visual impacts.
20 The Court must assess the modification application before it and cannot attach conditions that do not have a nexus or that do not reasonably relate to the modification being sought. The fact that the adjoining land owners in the community title subdivision would prefer a community title development on the subject site with similar conditions is not a relevant matter for my consideration. The subdivision was approved by the Council and the applicant in these proceedings is seeking a modification to that consent. The modification application in my merits assessment is satisfactory and raises no issues to warrant refusal.
21 I have determined that there is no reason as to why the consent orders handed up by the parties, subject to the changes agreed to in the conditions, should not be allowed. I am also satisfied the modifications are consistent with the objectives of the zone as outlined above.
22 On the basis of my assessment having regard to the concerns of the objectors and expert evidence to the Court I am satisfied that the consent orders with conditions, as amended during these proceedings and to be formatted into a consolidated set of conditions with the original conditions of consent, should be made.
23 Accordingly the Court orders are:
- 1. By consent the appeal in respect of the property known as No. 786 Max Reef Road, Bywong being lot 51 DP 700408 is upheld.
2. The section 96 modification application submitted to Palerang Council is approved subject to the consolidated conditions in Annexure A
3. The exhibits are returned to the parties.
___________________
- J S Murrell
Commissioner of the Court
ljr
Annexure ‘A’
Conditions of Consent
CB Richard Ellis (V) Pty Ltd t/a CBRE Town Planning v
Palerang Council
SCHEDULE OF CONDITIONS
1A. This consent is a deferred commencement consent within the meaning of section 80(3) of the Act and will not become operative unless, within a period of 24 months from the date the consent is modified to incorporate this condition 1A, development consent is granted permitting the construction of the access road providing access to lots 4 and 5 via Hideaway Place in accordance with condition 18.
General/Statutory
Approved Plans
1. The development referred to in this application shall be carried out in accordance with the approved development plans as modified by any condition of this consent.
- Reason: To ensure that the application is carried out as approved, and in accordance with the environmental assessment that has been carried out for the site.
Final Design
2. The final allotment boundaries and location of building restriction precincts being determined at the time of survey to the satisfaction of Council’s Manager, Planning Services.
Reason: To allow for minor variations to the subdivision layout which become necessary as a result of the detailed final survey and to ensure that the boundaries and building envelopes, when surveyed and drawn on the final subdivision plan, are consistent with the requirements of the local environmental plan, development control plan and the approval.
3. DELETED
4. The Subdivision Certificate will not be released until all relevant conditions of consent have been complied with.
Lodge a subdivision certificate application with Council on the appropriate form. The subdivision certificate application is to be accompanied by the correct application fee and written evidence that all conditions of consent have been complied with.
Lodge the original of the subdivision plan and three copies with the subdivision certificate application. The subdivision plan must be suitable for registration with the NSW Land Information Centre.
Lodge any s.88B or s.88E instruments required by conditions 6, 7, 8, 10, 12, 18 and 40 with the subdivision certificate application.
The final allotment boundaries and building envelopes shall be determined at the time of survey and shown on the subdivision plan to Council’s satisfaction.
Reason: To enable registration of the subdivision. To allow for minor variations to the subdivision layout that may result from the survey. To provide sufficient signed copies of the subdivision plan for Council, the applicant and the NSW Land Information Centre.
Electricity Supply
5. Each lot is to be capable of being connected to a suitable power supply. Prior to the release of the subdivision certificate the applicant shall submit written evidence, to the satisfaction of Council, that satisfactory arrangements have been made with Country Energy or other electricity supply authority to enable the supply of electricity to an appropriate boundary of all lots created.
Reason: To ensure adequate power supply is available to any dwelling.
Building Envelopes
6. The applicant is to prepare an instrument under section 88B of the Conveyancing Act 1919 restricting the erection of buildings to within building restriction precincts delineated on the plan of subdivision for approved allotments on the rural residential land, as amended in red by Council. Building Restriction Precincts shall not exceed 2000 square metres in area, and shall be located so as to have no impact on the high and medium conservation value vegetation on the subject site. A building restriction precinct shall also be provided for the existing rural allotment, encompassing all buildings on that Lot The instrument is to nominate Council as the sole party with power to vary the restriction and the restriction is to apply to all lots created in the subdivision, including those with existing buildings. The building restriction precincts are to be surveyed and pegged on the ground prior to the release of the linen plan.
Reason: To ensure that the sites for future dwelling houses and other buildings are determined prior to registration of the new lots.. Size restriction are applied to decrease the environmental footprint of future development of the approved subdivision
Protection of Riparian Zones and of Woodlands
7. The subdivision plans submitted to Council are to incorporate conservation areas for the moderate and high value woodland areas of the subject property, as identified in the vegetation survey and submitted with the application. These areas are to be protected from disturbance by suitable S-88B restrictions, that prevent the removal of native vegetation from these areas including dead timber for the purposes of firewood, except in connection with an approved fire hazard safety plan. Council is to be nominated as the beneficiary to this S-88 restriction to user, with sole power to vary, modify or extinguish the said restriction.
Reason: To create the legally binding conditions for future landowners so as to protect
Covenants – applicable to the whole site
8. Covenants under section 88B of the Conveyancing Act are to apply to the development site incorporating the listed restrictions: Council shall be nominated as the party with the sole right to vary or remove the required Covenants a) Plantings on the entire site, including the building envelopes, shall exclude species listed on the regional weeds lists. Only species indigenous to the locality are to be planted outside the approved building envelopes. b) Ground covers are to be maintained at a minimum 70% in accordance with the guidelines contained in Council’s Rural DCP.
Reason: To ensure the continued protection of important flora and fauna.
9. DELETED
10. Prior to the release of the subdivision certificate, the applicant shall provide a landscape screen commencing 15 metres east of the eastern boundary of the building envelopes, on Lots 3, 4 and 5. The landscaping shall be undertaken by the applicant prior to release of the subdivision certificate and have a minimum width of 5 metres. The landscaping maybe a combination of both the retention of existing screening vegetation and where required, supplemented by semi advanced (spring – ring) species.
Prior to the commencement of any work, the applicant shall submit a landscape plan that is to the satisfaction of Council, and incorporating the following design parameters for both existing vegetation retained and any supplementary landscaping.
- i. Use of local indigenous species or other species to Council’s satisfaction.
ii. Semi advanced (spring – ring) tree species, spaced at intervals that on reaching maturity will have canopies touching each other.
iii. Understory planted at a density capable of limiting views into the subdivision, up to a height of two (2) metres on maturity.
iv. Any new fencing shall be set behind the landscape screen rather than in front of it.
The applicant shall be responsible for the establishment and maintenance of the landscaping, until the release of the subdivision certificate. The landscape screen shall be protected by S-88B restriction preventing its removal (and requiring its ongoing maintenance and care).
Reason: To minimise the impact of the development upon the local environment. Landscaping of Lot 51 will contribute significantly to its compatibility to the surrounding development, by providing an effective visual screen between the two areas.
Department Of Water & Energy – Water Management
Approved Water Supply Plan
11. The Department will issue licences for the proposed subdivision in accordance with the following water supply plan.
Proposed Lots 2The Department advises that the 1.4 ML dam on this Lot (Dam 7 on the water supply plan submitted by SLCC) may be treated as an erosion control structure and therefore will not require a licence. The Maximum harvestable Rights Dm capacity (MHRDC) for Lot 1 (0.17 ML) is included in the capacity of Dam 7. ORDINARY REPORT 7 May 2009 Page 236
The Department advises that the 1.9 ML and 0.4 ML dams on proposed Lot 2 (Dams 5 & 3 on the Water Supply Plan supplied by SLCC) may be treated as erosion control structures, and therefore will not require a licence . The MHRDC Capacity for Lot 2 is include in the capacity of Dam 5
The Department advises that the 0.65 ML dam on Proposed Lot 3 (Dam 1 on Water Supply Plan submitted by SLCC) may be enlarged to 0.75 ML capacity, and still be treated as an erosion control structure, and therefore will not require a licence . The MHRDC for Lot 3 (0.2 ML) is included in the capacity of Dam 1
The Department advises that it is willing to licence the existing unlicensed bore to supply non-potable to proposed Lot 4
The Department advises that it is willing to licence a new bore to supply non-potable water to Proposed Lot 5. The applicant will be required to submit licence applications under part 5 of the Water Act 1912 for the bores on proposed lots 4 and 5 to the licensing manager Department of Water & Energy, PO Box 156, Leeton NSW 2705.
DWE advise the applicant of their requirement to obtain the bore licence from the department to any works being carried out.
Covenants on Title
12. Prior to the release of the approved subdivision linens by Palerang Council, the applicant shall enter into a covenant in gross pursuant to Section 88B of the Conveyancing Act 1919, with the Department of Water & Energy as a beneficiary. The covenant will be written to prohibit bore and dam construction on the newly created Lots 1 to 5 in addition to those referred to in the approved water supply plan for development application DEV.2008.0157. It is recommended that the applicant present their subdivision linen and covenants to the Department prior to final lodgement to Palerang Council to obtain written clearance from the Department.
Reason: Provide clarity and surety of landholders rights, DNR will require that the applicant enter into a restrictive covenant in gross pursuant to Section 88B of the Conveyancing Act 1919 with the Department of Natural Resources (DNR) prohibiting further bore and dam construction on the newly created Lots 1, 2, 3, 4, 5 and 6 on the subject land outside the water supply plan detailed above. DNR shall be the beneficiary of the covenant. The covenant shall be registered and a copy supplied to DNR .
Rural Fire Service - Fire Hazard Management
13. The development proposal shall comply with the five Lot subdivision layout identified on the drawing prepared titled “proposed Plan of subdivision”
Reason: Bushfire hazard Protection
14. DELETED
15. DELETED
16. Design and construct pavement widening of Macs Reef Road at the intersection of the existing access to proposed Lot 1 and a dual access at the proposed Lot 2 / Lot 3 common boundary in accordance with BAR and BAL treatments as detailed in RTA Road Design Guide Figures 4.8.23 and 4.8.34 respectively and as approved by Council. The proposed BAR formation widening shall be constructed in gravel in accordance with the RTA’s DGB 20 Specification at a minimum depth of 200 mm and shall be bitumen sealed. The applicant is to provide Council with a detailed pavement design that conforms with AUSTROADS Pavement Design Manual.
Engineering design drawings to a scale of 1:200 or 1:250, detailing this work, and showing existing contours, edges of existing pavements, the entrance to new lots, property / road boundaries, road drainage structures and new pavement design are to be submitted to Council for approval prior to the issue of consent under Section 138 of the Roads Act 1993 to commence work in the road reserve.
Reason: To ensure safe passage for traffic in the vicinity of the entrance and intersection.
17. Construct a new dual entrance to proposed Lots 2 & 3 and upgrade the entrance to proposed Lot 1 to the minimum standard of Type A as illustrated in Figure 5 of Yarrowlumla Development Control Plan Rural and Rural Residential Zones, and as specified below.
Type A entrances shall be bitumen sealed double/double 14/7 on 150 mm of approved gravel. Cross drainage culvert pipes shall be minimum diameter 375 mm, set back a minimum of 4 metres from the edge of the through lane, length to suit the site (minimum 7.32 metres), and fitted with standard concrete headwalls. Permanent erosion protection and re-vegetation shall be provided upstream and downstream of the culvert and in adjacent table drains and batters as required to control erosion. Guideposts shall be provided on the road shoulder each side of the entrance. The adjacent road reserve and table drains, shall be shaped to 1:4 batters and left in a clean and tidy condition after top-soiling and re-vegetation.
The entrance to Lot 1 shall include a Type BAR right turn configuration as per Section 4 of the RTA Road Design Guide and include a verge in accordance with Section 3.6 of the RTA Road Design Guide.
Reason: To ensure safe entry and exit to lots from the road.
18. Within the Right of Carriageway on Lot 1 DP 270429 from Hideaway Place to the proposed Lot 4 / Lot 5 boundary, construct a Type 2 Residential Access Road as specified in Table 2, Road Standards Schedule in Council’s Development Control Plan for Rural, Rural Residential and Environmental Protection Zones and Council’s Specification for Construction of Private Access Roads and Entrances.
Within Lots 4 and 5 from the above access road to the respective building precincts construct gravel Type 1 Single Lot Access roads. Align these access roads / driveways by winding between trees to avoid removing those with trunks 200 mm diameter or greater measured at 300 mm above the ground, and to avoid disturbance of any rock outcrops or other high conservation value habitat.
Design drawings to AUS-SPEC #1 Development Specification Series standards for the roads, passing bays and stormwater drainage, based on detailed survey prepared by a Registered Surveyor are required for this road showing trees of trunk diameter greater than 200 mm at 300 mm above the ground, and are to be submitted for approval of the certifier before a Construction Certificate will be issued.
A section 88B instrument shall make provision for the owners, from time to time, of lots 4 and 5 to be responsible for the construction and maintenance of the Right of Carriageway
Reason: To ensure that provision is made for traffic generated by the development
19. DELETED
Bus Bay and Bus Turnaround
20. Provide one-way Type 2 access road, bitumen sealed 4m wide, within the northern reserve of Macs Reef road to facilitate bus turnaround and access to proposed lots 2 & 3, generally in accordance with Sellick Consultant’s Drawing “90706 C110 Rev A”. The final location of the exit and entrance shall be positioned to achieve Safe Intersection Sight Distance for the design speed of Macs Reef Road. The bus bay is to be designed and constructed in accordance with RTA Road Design Guide.
Reason: To provide safe and adequate bus pick up and set down facilities.
Pavement Design
21. The applicant is to provide a detailed pavement design, conforming with the procedures set out in AUS-SPEC #1 Development Specification Series as amended by Council for the access road to proposed Lots 4 & 5. The design must be based on site-existing sub grade CBR information along the route of the proposed road and is to be shown on typical cross sections in the design drawings.
Reason: To ensure that the proposed road is designed to cater for the traffic generated by the development.
Prevent Stormwater Discharge to Public Road via Entrances
22. Provide effective permanent drainage measures including cross drainage pipes, swales and level spreaders as appropriate within blocks and in the vicinity of each entrance as needed and as approved by the Certifier and Council to divert stormwater away from driveways and control stormwater and sediments flowing from the property to the public road via the driveway.
Reason: To ensure that gravel and silt is not washed from the property to the road surface and road table drains.
Internal Fencing for Wildlife Movement
23. This approval does not permit or approve the erection of intra-lot (ie within each lot) fencing to each Lot, with the exception of fencing around the building precincts (which shall follow the specifications set out below). Separate approval is required to undertake any such fencing, with particular care being exercised to avoid excessive vegetation disturbance. New Fencing for inter-allotment boundaries within the approved subdivision shall be limited under this consent to the following:
- “give & take” fencing so as to minimise unnecessary vegetation removal
- 1200mm high;
- consist of 6 plain wires evenly spaced.
- star steel stakes at 4 metre maximum centres;
- intermediate posts at maximum 40 metre intervals, and strainer posts at appropriate intervals taking into account the terrain, topography and distance;
- strainer assemblies at ends of fences or at gateways shall be fabricated using galvanised pipe or selected hardwood props.
- Wires are to be threaded or attached with galvanised ties. Staples shall not be used to attach wire to posts;
- The fence is to be strained to a tension to prevent large stock access. Intermediate and strainer posts are to be of galvanised steel or concrete. Treated pine posts are not to be used. All materials including posts and props must have a minimum Supplier Certified life of 20 years for the soil and water conditions at the site.
All fencing whether existing or new shall be migration friendly for native fauna.
Reason: Requirement of landowner to control stock but allow native animal movements.
Fencing Road Reserves
24. All road reserves boundaries are to be fenced as required in Yarrowlumla Development Control Plan – Rural and Rural Residential Zones, September 2004. Existing fencing can be retained where it fully complies with the standards of the YDCP.
Reason: Requirement of landowner to control stock.
Design and Construction Standard
25. Works of subdivision are to be designed and constructed to AUS-SPEC #1 Development Specification Series as amended by Council, which includes Council’s Specification for the Construction of Private Access Roads and Entrances.
Reason: To ensure that the roads created and other works are of a standard to safely cater for the traffic generated by the development.
26. Appoint a Certifier to certify design plans, issue a subdivision Construction Certificate, carry out works surveillance and certify the works on completion. This Certifier may be either Council or a private certifier accredited for subdivision civil works. Council’s quotation for certification and issue of a Construction Certificate is attached. Council’s quote form once executed and returned, also serves as a record of appointment of Council as certifier.
Construction Certificate (Subdivision)Reason: To ensure compliance with Section 81A(4) of the Environmental Planning and Assessment Act 1979.
27. Obtain a Construction Certificate from the appointed certifier, before any construction work commences. A construction certificate can be issued when design plans, and design check schedule have been submitted to the certifier, and have been certified and stamped as complying with this consent.
If a Section 138 (Roads Act) Consent is required, provide a copy of construction drawings to Council and arrange for the certifier to confirm with Council that the design of entrances and intersections with public roads meets Council requirements. Council’s fee for a Construction Certificate is $125.00 for the first lot plus $62.50 each for subsequent lots created plus GST. The Construction Certificate fee is subject to change in keeping with the annual review of Council’s Fees and Charges.
Reason: To ensure compliance with Section 81A(4) of the Environmental Planning and Assessment Act 1979.
Section 138 Consent
28. Consent issued by Council under Section 138 of the Roads Act 1993 is required before any work is undertaken on a public road. A security deposit of $5,000.00, engineering plans for the approval of Council’s Director Infrastructure Planning, worksite Traffic Control Plan prepared by an RTA accredited designer, details of Contractor and his personnel with RTA Worksite Traffic Control Plans accreditation and evidence of $20m Public Liability insurance will be required before this consent is given. Evidence of public liability insurance cover is to have the following notation included on documentation under Interest Insured or Interested Party from insurers: “……extended to note the interests of Palerang Council as owner of the roads on which the works are sited only in respect of insured’s liability arising from the construction of works of subdivision as consented to in Development Application DEV.2008.0157.”. When paying security deposit please quote account code GLBondRdWks.
Reason: To ensure that works carried out comply with the Roads Act 1993.
29. Payment of certification and works surveillance fees for civil engineering works in accordance with Council’s Schedule of Fees and Charges 2008 / 2009.
- Entrances 2 @ $83.40 + GST $ 183.40
Works Surveillance 2 hours @ $83.40 per hour + GST $ 183.40
Total $ 366.80
Please note that these fees are subject to change in keeping with the annual review of Fees and Charges as set out in Council’s Management Plan. When paying these fees please quote the account codes GLS138SubdivSurv.
Reason: To ensure compliance with Council’s specifications .
30. All redundant Crown road reserves on the subject land are to be closed. The applicant is to apply to the NSW Department of Lands for the closure of all Crown road reserves, on the subject land, that will not be required for access or road provision once the land is subdivided (and provide a copy of the receipted application to Council prior to release of the subdivision certificate). The applicant is to provide a copy of the gazettal notice of the closures to Council. Upon gazettal of the closures the applicant is to close and fence off any redundant gateways and any existing unauthorised entry points.
- Reason: To ensure against unauthorised access to lots.
31. DELETED
Sediment and Erosion Control:
32. A Sediment and Erosion Control Plan (S&ECP) for all site works including roadworks and access to each lot is to be prepared by a person with appropriate accreditation and approved by the appointed Certifier prior to work commencing. The plan is to cover all temporary measures to control erosion and sediment transport in accordance with Landcom's "Soils and Construction Managing Urban Stormwater:" (4th Edition 2004) manual (the "Blue Book"). The S&ECP is to be submitted and accepted by the certifier before issue of the subdivision construction certificate. Temporary erosion and sediment controls are to be in place before the disturbance of any soils on the site, and they are to be maintained during the works and for as along as necessary after the completion to prevent sediment and dirty water leaving the site and / or entering the surface water system outside of the site.
Reason: To minimise environmental impact associated with the works and to ensure that disturbed areas are properly rehabilitated following construction.
Design and Construction Standard
33. Works of subdivision are to be designed and constructed to AUS-SPEC #1 Development Specification Series as amended by Council, which includes Council’s Specification for the Construction of Private Access Roads and Entrances.
Reason: To ensure that the roads created and other works are of a standard to safely cater for the traffic generated by the development .
Defects Liability Roads
34. For the public roads constructed and entrances onto public roads, including drainage, re-vegetation and erosion control, a defects liability period of 6 months will be applied from the certified date of practical completion of the works. The applicant is required to lodge with Council a bond valued at $17,841.40 per kilometre of new / upgraded road, and/or $1,000.00 for each upgraded or new entrance (nil GST). When paying please quote account code GLBondRdWks. The date of practical completion shall be a date indicated in writing by Council who shall satisfy itself that the road works have been constructed to a serviceable and durable standard.
Reason: To ensure that resources are available to repair any defects that become evident in the early life of the works.
35. Payment of the following fee for Rural Addressing:
Supply of Rural Address number 1 Lot @ $111.60 + GST $122.70
2 lots @ $55.80 ea + GST $122.70
TOTAL (incl GST) $245.40
- Please note that this fee is subject to change in keeping with the annual review of Fees and Charges as set out in Council’s Management Plan. Payment must be made prior to the issue of a Subdivision Certificate. When paying these fees please quote Account Code GLRurAdd .
- Reason: To enable identification of Rural Address for lots not already numbered.
Section 94 Contribution - Roads (see attached sheet)
36. Payment of a contribution pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 towards the provision and use of access roads leading to the development. The calculated contribution is to be determined in accordance with Council’s Section 94 Plan No. 2. Please note that the amount is subject to amendment (on 1 July) in keeping with RTA’s Road Cost Index (Country Operations Roads). At the 2009/2010 rates the contribution is $3,395.00 for the additional tenement created with access directly off Macs Reef Road and $3,589.00 for each additional tenement gaining access via Hideaway Place and Bankers Road, i.e. $3,395.00 x 1 + $3,589.00 x 2 = $10,573.00 (nil GST). This Contributions Plan may be inspected at Council’s administrative office (10 Majara Street, Bungendore) during normal office hours. Payment must be made prior to the issue of a Subdivision Certificate. When paying please quote the ledger numbers on the attached sheet.
Reason: To enable Council to provide and upgrade the roads affected by the increase in traffic as a result of this development to a safe standard.
Section 94 Contribution – Community Facilities (see attached sheet)
37. Payment of a contribution pursuant to Section 94 of the Environmental Planning and Assessment Act, 1979 towards the provision of Community Facilities. The calculated contribution is to be determined in accordance with Council’s Section 94 Plan No.3 at the rates applicable at the date of payment. Please note that the rates specified in the Plan are amended on 1 July each year in accordance with CPI adjustments. At the 2009/2010 rates the contribution is $201.00 per additional tenement created, $201.00 x 3 = $603.00. This Contributions Plan may be inspected at Council’s administrative office (10 Majara Street, Bungendore) during normal office hours. Payment must be made prior to the issue of a Subdivision Certificate. When paying please quote the ledger numbers on the attached sheet.
Reason: To ensure that the provision of Community Facilities development is paid for by the developer rather than the broader community as outlined in Council’s Section 94 Plan No 3.
Final Design
38. The final allotment boundaries and location of building envelopes are to be determined at the time of survey to the satisfaction of Council.
Reason: To allow for minor variations to the subdivision layout which become necessary as a result of the detailed final survey and to ensure that the boundaries and building envelopes, when surveyed and drawn on the final subdivision plan, are consistent with the requirements of the local environmental plan, development control plan and the approval.
39. DELETED
Restriction as to User
40. Create a Restriction as to User pursuant to Section 88B of the Conveyancing Act 1919 over proposed Lot 5 prohibiting vehicular access to the Federal Highway. The Roads and Traffic Authority is to be nominated as the authority with power to release, vary or modify the terms of the Restriction as to User.
Reason: To enhance traffic safety.
41. DELETED
- The applicant shall contact the Council’s Development Engineering staff to discuss intentions in respect of appointment of certifier and to obtain advice on design of works, environmental matters and construction for civil works and entrances. Engagement of works and supply contractors should be on the basis of Quality Assurance contracts, using AUS-SPEC #1 Development Specification Series exclusively as the technical specification.
______________________
J S Murrell
Commissioner of the Court
ljr
PALERANG COUNCIL
CONTRIBUTION TO ACCESS ROADS UNDER
SECTION 94 PLAN (NO. 2)
FILE NO:
DEV.2008.0157
OWNER:
Stephen & Janice Elliott
APPLICANT:
CBRE Consulting
LOCATION:
Lot 51 DP 700408,
786 Macs Reef Road, Bywong
ACTIVITY:
5 Lot Subdivision (3 New Tenements)
S94 LOCATION:
Catchment: 6 Location: 7
S94 CONTRIBUTION:
RA35091 $ 261.00
RA35161 $10,312.00
$10,573.00 (nil GST)
(Adjusted for 2009/2010 using RTA Road Cost Index)
(The contribution amount is subject to annual adjustment in keeping with the RTA Roads Cost Index. The amount payable will be determined at the time of payment.)
PALERANG COUNCIL
CONTRIBUTION TO COMMUNITY FACILITIES UNDER
SECTION 94 PLAN (NO. 3)
- FILE NO : DEV.2008.0157
- OWNER : Stephen & Janice Elliott
- APPLICANT : CBRE Consulting
- LOCATION : Lot 51 DP 700408,
786 Macs Reef Road, Bywong
- ACTIVITY : 5 Lot Subdivision (3 New Tenements)
- S94 LOCATION : Catchment: Bywong/Wamboin
- S94 CONTRIBUTION :
Ledger Number Amount
RA12051 $603.00
Total Payment Due: $603.00 (nil GST)
(Adjusted to CPI for 2009/2010)
- (The calculated contribution is to be determined in accordance with Council’s Section 94 Plan No.3 at the rates applicable at the date of payment.) Appeal No. 10684 of 2009
- Important notice
Appointment of Certifier for Civil Works
QUOTE TO APPOINT PALERANG COUNCIL AS CERTIFIER
Under current legislation, a person who proposes to carry out civil construction works as part of a development must appoint an accredited certifier to certify design of works, issue a Construction Certificate, and certify that the work as constructed meets the requirements of the development consent.
This Certifier may be either Council or a registered accredited private certifier, who will certify design documentation, issue the Construction Certificate prior to the start of the work, provide surveillance and audit of quality systems for the work and issue Compliance Certificates to Council during, and at the end of the work.
(Council will be the Principal Certifying Authority (PCA) for subdivision and will issue the Subdivision Certificate once works are certified as complete. A separate charge for Subdivision Certificate is detailed in the Conditions of Consent).
A quote for Council to provide these services, which include works surveillance / audit that needs to be carried out in relation to your development is given below.
Council’s fees and estimates for certification and surveillance services associated with the project are detailed below, and are based on Council’s current Fees and Charges Index. If you wish to select Council as certifier for civil engineering works, please sign the authorisation below and forward the amount indicated.
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I hereby authorise Palerang Council to act as Certifier for the nominated project and enclose the nominated sum.
_____________________________ ……./……./……. ______________ ____________________
Signed Date Amount $ Receipt Number
ATTACHMENT A
GENERAL TERMS OF APPROVAL
ISSUED UNDER THE
WATER ACT 1912
THIS IS NOT A WATER LICENCE
PLEASE CONTACT
MR STEVEN WEBB
AT LEETON DWE
OFFICE ON
02 6953 0700
TO APPLY TO OBTAIN LICENCES FOR THE BORES ON PROPOSED
LOTS 4 & 5.
DEPARTMENT OF WATER AND ENERGY
GENERAL TERMS OF APPROVAL
PART 5 - WATER ACT 1912
Proposed Rural/Residential Subdivision – DEV.2008.0157
Groundwater Licence - to supply proposed Lots 4 & 5
- General Conditions (all approvals)
- The purposes of these conditions are to:
- Define certain terms used in other conditions
- Specify the need to obtain a licence, permit or authority before commencing any works
- Specify that, in most cases an approval will only be issued to the occupier of the lands where the works are to be located (as required by the Water Act)
- Require existing approvals to be cancelled or let lapse when a licence is issued (if applicable)
- Require the safe construction and operation of all works
- Require the use of appropriate soil conservation measures
- Limit vegetation destruction or removal to the minimum necessary
- Require the separate authorisation of clearing under the NVC Act
- Allow conditions to be imposed for management of fuel (petroleum)
In the following conditions relating to an approval under the Water Act 1912;Require the payment of fees on the issuing of an approval
- ‘the Department’ means the Department administering the Water Act 1912;
- ‘approval’ means a licence, permit, authority or approval under that Act;
- ‘river’ has the same meaning as in Section 5 of the Water Act 1912;
- ‘work’ means any structure, earthwork, plant or equipment authorised under the approval to be granted, as defined in Section 5 and 105 of the Water Act 1912;
‘controlled work’ means any earthwork, embankment or levee as defined in Section 165 of the Water Act 1912
Before commencing any works or using any existing works for the purpose of domestic water supply and approval under Part 5 of the Water Act 1912 must be obtained from the Department. The application for the approval must contain sufficient information to show that the development is capable of meeting the objectives and outcomes specified in these conditions.
An approval will only be granted to the occupier of the lands where the works are located, unless otherwise allowed under the Water Act 1912.
When the Department grants an approval, it may require any existing approvals held by the applicant relating to the land subject to this consent to be surrendered or let lapse.
All works subject to an approval shall be constructed, maintained and operated so as to ensure public safety and prevent possible damage to any public or private property.
All works involving soil or vegetation disturbance shall be undertaken with adequate measures to prevent soil erosion and the entry or sediments into any river, lake, waterbody, wetland or groundwater system.
The destruction of trees or native vegetation shall be restricted to the minimum necessary to complete the works.
All vegetation clearing must be authorised under the Native Vegetation Act 2003, if applicable.
The approval to be granted may specify any precautions considered necessary to prevent the pollution of surface water or groundwater by petroleum products or other hazardous materials used in the construction or operation of the works.
A licence fee calculated in accordance with the Water Act 1912 must be paid before a licence can be granted.
The purpose of these conditions are to:Conditions of water use (including irrigation)
- Allow the Department to obtain an accurate measure of water use where necessary
- Specify the purpose(s) for which the water may be used
- Specify conditions to protect water quality and the environment
- Specify the maximum rate that water may be taken from the water source
- Specify the limitations of when water may be taken from the water source
- Require the retention of a vegetated buffer zone and the protection of native vegetation in that buffer zone
- Ensure proper management of tailwater drainage
Ensure accessions to groundwater systems are restricted
Suitable devices must be installed to accurately measure the quality of water extraction or diverted by the works.
All water measuring equipment must be adequately maintained. It must be tested as and when required by the Department to ensure its accuracy.
If required by the Department the extraction and use of water must be recorded and reported as specified by the Department. For instance, the Department may require an annual return of information on hours pumped, monthly extraction rate, are of each crop irrigated and irrigation method.
The conditions of the approval may specify how water is to be distributed (for instance by the use of pipes) in order to prevent wastage or accessions to groundwater. The Department may alter the conditions of the approval at any time for these reasons.The water extracted under the approval to be granted shall be used for the purpose of domestic water supply and for no other purpose. A proposed change in purpose will require a replacement licence to be issued.
- Any adjoining public or crown road
- Any other person’s land
- Any crown land
- Any river, creek or watercourse
- Any groundwater aquifer
- Any area of native vegetation
- Any wetlands
- The purpose of these conditions are to:
- Set a limited period bore construction
- Require the bore to be properly completed and sealed
- Require certain information to be provided on completion of the work, including a location plan
- Allow DNR access for inspection and testing
- Restrict the bore diameter
- Specify procedures if saline or polluted water found
- Specify procedures if the bore is abandoned
- Require advice if water found
- Define domestic use
- Specify volumetric allocation for each purpose of the entitlement
- Specify distances works to be sited from boundaries, streams other bores etc
- Identify lands that may be irrigated
- Specify a volumetric allocation for the works purpose
- Allow DNR to alter the allocation at any time
- Provide for a review of allocation if any subdivision occurs
Works for construction of bore must be completed within such period as specified by the Department.Require regular measuring of water levels to provide information needed to manage aquifers
- The Department must be notified if a supply of useable water is obtained and the bores shall then be suitably lined and capped to the standard required by the Department.
- Within two months after the works are completed the Department must be provided with an accurate plan of the location of the works and notified of the results of any pumping tests, water analysis and other details as are specified in the approval.
- The work, if required by the Department must be at least:
- 200 metres from any boundary of the property
- 400 metres from any irrigation bore on any adjoining property
- 500 metres from the town water supply bore
- 400 metres from any Department observation bore
- 40 metres from the nearest bank or any river or creek
- Officers of the Department or other authorised persons must be allowed full and free access to the works for the purpose of inspection and testing.
All works must be constructed and maintained to properly control the water extracted to prevent wastage or any reduction in quality of the sub-surface water. The Department may direct that any necessary repairs or alterations be undertaken to maintain the works in good working order.
- The inside diameter of any casing used to line the bore must not exceed 220mm.
- Any saline or polluted water located above a producing aquifer must be sealed by the use of cemented casing as specified by the Department.
- If the bore ceases to be productively used, the Department must be notified and the aquifer must be sealed by a method acceptable to the Department.
- Any water extracted by the works must not be discharged into any watercourse or groundwater if it would pollute that water.
- Any water extracted for domestic purposes may be used to water gardens for private use.
The following allocation, which is included in the total volume above, shall be supplied to the occupier(s) of:The volume of groundwater extracted as authorised must not exceed a combined total capacity of 0.8 megalitres for proposed Lot 4 and 1.1 megalitres for proposed Lot 5 in any 12-month period commencing 1 July. The allocation will be reviewed if there is any change in the ownership of the land.
Lot/DP Parish County Allocation Purpose
Proposed Lot Bywong Murray 1.1 ML Domestic Water SupplyProposed Lot Bywong Murray 0.8 ML Domestic Water Supply
4 in Subdivision of
Lot 51 DP 700408
5 in Subdivision of
Lot 51 DP 700408
- The Department has the right to vary the volumetric allocation or the rate at which the allocation is taken in order to prevent the overuse of an aquifer.
- Both the pumping and non-pumping water levels must be recorded at least twice each year and reported with the annual groundwater return.
- The Department requires the applicant to enter into a restrictive covenant in gross pursuant to Section 88B of the Conveyancing Act 1919 with the Department of Water and Energy as a beneficiary of the covenant. The covenant will be written to prohibit dam and bore construction on newly created Lots 1 to 5 in addition to those referred to in the approved water supply plan for development application DEV.2008.0157.
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