Domain Group NSW Pty Limited v Hornsby Shire Council
[2004] NSWLEC 345
•06/04/2004
Land and Environment Court
of New South Wales
CITATION: Domain Group NSW Pty Limited v Hornsby Shire Council & Anor [2004] NSWLEC 345 PARTIES: APPLICANT:
Domain Group NSW Pty LimitedFIRST RESPONDENT:
SECOND RESPONDENT:
Hornsby Shire Council
Peter BaynieFILE NUMBER(S): 10203 of 2004 CORAM: Lloyd J KEY ISSUES: Development Application :- appeal against refusal of development application - merit considerations
LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 97 CASES CITED: DATES OF HEARING: 04/06/2004 EX TEMPORE
JUDGMENT DATE :06/04/2004 LEGAL REPRESENTATIVES:
APPLICANT:
Mr G B Newport (barrister)
SOLICITORS:
N/AFIRST RESPONDENT:
SECOND RESPONDENT:
Mr J A Ayling SC
SOLICITORS:
Ian Woodward
Mr P R Clay (barrister)
SOLICITORS:
McKees Solicitors
JUDGMENT:
- IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
Lloyd J
10203 of 2004Friday, 4 June 2004
- v -DOMAIN GROUP NSW PTY LIMITED
Applicant
HORNSBY SHIRE COUNCIL
First Respondent
PETER BAYNIE
Second Respondent
1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979 against the refusal of a development application for a two storey building comprising an Officeworks store at ground floor level with office space at the first floor level, a separate two storey commercial office building and two levels of car parking below ground at a property being Nos. 295-299 Pennant Hills Road, Thornleigh.
2 The property comprises six allotments having frontages to Pennant Hills Road and Thornleigh Street and also access to Station Street via a right of carriageway over an adjoining allotment.
3 The development application was refused by the council, but the council has now decided to support the development application and raises no objection to consent orders being made granting development consent subject to conditions.
4 When the matter was first set down for hearing there were a number of issues raised including a point of law, namely whether or not the owner of the land, being the servient tenement over which the right of carriageway passes, was required to signify his consent to the lodgement of the development application. Since no works are now proposed within that right of carriageway it is clear that such consent is not required.
5 Nevertheless, the owner of the property over which the right of carriageway passes, being No. 293 Pennant Hills Road, Thornleigh, has been granted leave to appear as a party and to be heard in relation to the merit issues. That person is Mr Peter Baynie who is represented by Mr P R Clay. As I have said the merit issues between the applicant and the council have been largely resolved; and to the extent that they may not have fully been resolved they are adequately covered by proposed conditions of consent.
6 The Court has heard evidence from Mr Baynie and from another resident, Mr Ziaiter, the owner of an adjoining property in Thornleigh Street, being No. 5 Thornleigh Street, both of whom maintain their objections to the development.
7 It must also be mentioned that the development application was advertised and submissions were made to the council by a number of people. Six submissions were received: four were objections to the proposal and two expressed support to the proposal. As I have said, two of those persons objecting have given evidence before me.
8 The development site is within a Business A (General) zone under the Hornsby Local Environmental Plan 1994. The proposed development is permissible with consent in that zone. Mr Clay submits, however, that the development does not meet objective (b) of the zone, namely, to accommodate the retail, commercial and social needs of the community. Mr Clay refers to an existing car parking area to which the right of carriageway over No. 293 Pennant Hills Road provides access. That car parking area is now part of the development site and has hitherto been used by vehicles for parking of up to ten vehicles and has been used as a public car park. The loss of ten car parking spaces would, it is submitted, be contrary to the zone objective of accommodating the retail, commercial and social needs of the community.
9 The loss of the ten car parking spaces, however, is met by the provision of ten public car parking spaces within the development. It is true that access from the proposed public car parking spaces to number No. 293 Pennant Hills Road will not be as direct or as convenient as the present arrangements. It must be remembered, however, that the land including the land upon which the car parking presently exists is not owned by Mr Baynie but is owned by a corporation which is associated with the applicant for development consent.
10 The question nevertheless remains as to whether the changed parking arrangements for the public will meet the retail, commercial and social needs of the community, as expressed in the objectives of the zone.
11 The proposal includes the provision of a stairway giving direct access from the proposed public car park within the development to the existing right of carriageway. In addition, during business hours access to Pennant Hills Road and both Station Street and Thornleigh Street would be available through the proposed Officeworks building itself.
12 These parking arrangements will obviously involve a less convenient and less direct path of travel from the car park to Mr Baynie’s property, but the distance is not so great in my opinion as to justify a refusal of the application on that ground.
13 It remains to deal with the objection of Mr Ziaiter. His chief concerns seem to be twofold. Firstly, the height of the wall supporting the driveway at the proposed development which will abut his property boundary and secondly, a concern about noise from delivery trucks using the right of carriageway as I understood his objection.
14 The wall which will abut the common boundary is to support a driveway giving access to a loading bay, to be used by approximately eight large rigid trucks per week. That level of use will be enforced by way of a condition, namely condition 13, imposing a maximum of eight large rigid truck deliveries per week and no more than two small van deliveries per day. That is the only use which will be made of the driveway to which Mr Ziaiter objects. Accordingly, the noise will be somewhat infrequent and, having regard to the fact that the subject land is within a business zone, I do not think that it is sufficient to refuse the application. As to the height of the wall on the boundary, the maximum height is 2.2 metres reducing to somewhere near grade which again, in my opinion, is not so excessive as to amount to a reason to refuse the development application.
15 In all the circumstances I am satisfied that on merit the development application may be approved. I should observe that at a late stage of the proceedings the second respondent, Mr Baynie through his counsel, sought to raise a further legal issue which neither of the other parties were able to meet in the short time available. Accordingly I refused leave to allow this late issue to be raised, but it remains open to Mr Baynie to bring other proceedings if he so wishes to assert that the development is otherwise unlawful.
16 The formal orders of the Court therefore are:
1. The appeal is allowed.
2. Development application No. 2187/02 for the demolition of all existing structures, the erection of a combined retail and commercial development on Lot 2, DP 561409, Lots 23 & 24, DP 1854, Lots 24, 25, 26 & part 27, DP 263535, No. 6x Station Street, Nos. 1 & 3, Thornleigh Street and Nos. 295-299 Pennant Hills Road, Thornleigh is determined by the grant of development consent subject to conditions as set out in annexure “A”.
3. The exhibits, except for Exhibit A and Exhibit 3, may be returned.
Associate
I hereby certify that the preceding 16 paragraphs are a true copy of the reasons for judgment herein of the Honourable Mr Justice D H Lloyd.
ANNEXURE A
Conditions of Consent
Hornsby Shire Council ats Domain Group NSW Pty Limited
Land & Environment Court Proceedings No 10203 of 2004
295 – 299 Pennant Hills Road, Thornleigh
DEFERRED COMMENCEMENT CONDITION
This consent shall have no force or effect until the following information is submitted:
A. The submission of details, for the approval of Council, of the proposed methods of dealing with ‘Crime Prevention through Environmental Design (CPTED)’ for the basement public carparking area and public access areas in accordance with the guidelines prepared by DIPNR – ‘Crime Prevention and the Assessment of Development Applications’ and the ‘Safer by Design’ guidelines prepared by the NSW Police Service.
B. The creation of a right of carriageway which burdens Lot 27 in DP 263535 in favour of Lots 23 and 24 in DP 1854, Lots 24, 25, 26 in DP 263535. A copy of the Transfer document and plan is to be submitted to Council prior to the consent becoming operative.
Upon receipt of the above information, the following conditions will apply:
1. The implementation of the works identified under the report approved under deferred commencement condition A prior to the issue of an occupation certificate.
2. To ensure that members of the public are aware of the provision of public car parking within the basement areas of the development, signage is to be provided within both Thornleigh Street and Station Street indicating the location of that car parking to the satisfaction of the Council.
3. To ensure the privacy of the occupants of No.5 Thornleigh Street, screen planting to the satisfaction of the Council is to be provided in the planter box located at the first floor level balcony.
4. A "colorbond" fence is to be provided between the development site and the Funeral Parlour located in Thornleigh Street on the boundary where there is no existing wall.
5. The approved development shall operate during the following hours:
Monday - Wednesday 7.00 am to 7.00 pm
Thursday - Friday 7.00 am to 9.00 pm
Sunday 10.00 am to 5.00 pm.Saturday 8.30 am to 6.00 pm
6. Deliveries to and from the site shall be restricted to between 8:00 am and 5:00 pm Monday to Friday with no truck deliveries to or from the site outside those hours.
6.1 The loading/unloading of goods in the ‘Officeworks’ dock shall be undertaken by the use of a gas or electric powered forklift only or a hand lifting device. Under no circumstances is a diesel or petrol powered forklift to be operated.
ENVIRONMENTAL HEALTH AND PROTECTION TEAM
7. Should any presence of asbestos or soil contamination be identified during demolition or construction works, which was not previously recognised during the original assessment process, Council and the PCA must be notified immediately.
8. Should any site contamination be identified during excavation works, a detailed investigation of the development site must be prepared by a suitably qualified environmental consultant. Such investigation must by undertaken in accordance with NSW Environment Protection Authority's Contaminated Sites - Guidelines for Consultants Reporting on Contaminated Sites and Contaminated Sites - Sampling Design Guidelines.
9. All excavation and demolition materials are to be sorted. Contaminated debris, drums, soils, concrete, asbestos etc., must be handled, delivered and disposed of in accordance with EPA and Workcover requirements (i.e., method of removal, transfer and disposal to EPA licensed landfill facilities).
10. All waste material generated by the proposed demolition of buildings is to be removed and transported from the site by a licensed contractor as per the requirements of the Protection of the Environment Operations Act 1997 and disposed of to an approved waste disposal facility.
11. All noise generated by the proposed development is to be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds background noise levels by more than 5dB(A).
12. The final plant and equipment selections and locations for installation shall be reviewed by an acoustic consultant prior to construction to confirm the recommended noise goals are achieved. Details of mechanical plant and equipment and noise controls shall be submitted to Council prior to the issuing of the required Construction Certificate.
13. A maximum of eight (8) large rigid truck deliveries per week shall occur in relation to the ‘Officeworks’ operation and no more than two (2) small van deliveries/day. The number of delivery vehicles shall not be increased without prior consent of Council.
14. The underside of the loading bay canopy shall be lined with 50mm glass wool insulation faced with perforated aluminium foil or equivalent as per the recommendation of the Acoustic Report prepared by Atkins Acoustics and Associates Pty Ltd.
15. Prior to a Construction Certificate being issued a Construction and Demolition Waste Management Plan is to be provided to Council detailing waste expected to be generated from the proposed activities, estimated quantities of each type of waste and the location where these waste products will be either reused, recycled or disposed of (as appropriate to the nature of the waste product). The Plan must include details of the proposed disposal method of any hazardous waste (i.e. asbestos based materials, contaminated fill) from generation to licensed/approved waste transport method to licensed/approved waste disposal facility. Disposal of wastes from the proposed activity must comply with The Protection of Environment Operations Act 1997.
LANDSCAPE ARCHITECT
16. Plant selection shall be altered to include predominantly indigenous plant species (Refer to booklet "Indigenous Plants for the Bushland Shire" for appropriate species).
17. There shall be additional tree planting of two Eucalyptus maculata in the Thornleigh Street frontage. Trees are not to be planted within 3 metres of the foundation walls of the building. The pot size is to be a minimum of 25 litres and the trees must be maintained and protected until they reach a height of 3 metres when they will be covered by Councils Tree Preservation Order.
18. Landscaping is to be maintained for an establishment period to ensure the design intent is achieved.
ROADS AND TRAFFIC AUTHORITY
19. "No Stopping" restrictions are to be applied along the Pennant Hills Road frontage of the site. The implementation of those restrictions is to be undertaken in consultation with the Roads and Traffic Authority.
20. No vehicles are to be parked along the Pennant Hills Road frontage of the site during construction of the approved development.
21. Suitable arrangements are to be made to retard stormwater runoff directly onto Pennant Hills Road.
22. The cost of all works / regulatory signposting associated with the development will be at no cost to the Roads and Traffic Authority.
23. All vehicles shall enter and exit the site in a forward direction.
DEVELOPMENT ENGINEER
Construction Certificate – Engineering Works
24. A construction certificate must be obtained from either Council or an Accredited Certifier. Engineering design plans and specifications are to be prepared by a chartered professional engineer for any proposed works. The plans and specifications are to be in accordance with development consent conditions, appropriate Australian standards, and applicable Council standards, in particular “Hornsby Shire Council Civil Works - Design and Construction Specification”. Information required to be submitted with a construction certificate is as follows:
(a) copies of compliance certificates relied upon
(c) Hornsby Shire Council’s approval for the existing roadworks and public drainage is required prior to the issuing of a construction certificate for these works.(b) Four (4) copies of the detailed engineering plans in accordance Hornsby Shire Council's Civil Works - Design Specification 1999. The detailed plans may include but are not limited to the earthworks, roadworks, road pavements, road furnishings, stormwater drainage, landscaping and erosion control works.
Principal Certifying Authority
25. Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act, 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.
Notifying Council of Commencement of Works
26. It is a requirement of the Environmental Planning and Assessment Act (Section 81A(2)(c)) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.
Where works are to be undertaken in a public place, such notice must be accompanied by evidence of the contractor's Public Liability and Workers’ Compensation Insurances. The public risk policy shall be such an amount as determined by Council (not being less than $10,000,000.00) and shall cover the owner and the Council against any injury, loss or damage sustained by any person, firm or company.
Hours of Construction
27. In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. Site works may extend to 4.00 pm on Saturdays if inaudible on residential properties. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.
28. All engineering work required by this consent must be inspected and compliance certificates shall be issued prior to occupancy certificate, certifying that the works comply with development consent, construction certificate and Hornsby Shire Council Civil Works - Design and Construction Specification for the following nominated stages:
- Implementation of erosion control
- Implementation of traffic control
- Replacement of redundant gutter crossings
- On-site detention - when steel & formwork for tank is ready
- When control pit is completed
- When pit's formwork is ready
- When pipes are laid before backfilling
- For pipe laid across Council's land
- At completion of on-site detention system
- Driveways and accessways
- Retaining walls
- Drainage structures
- Pavement marking
- Final inspection
Roadworks
29. A Traffic Management Plan shall be submitted with the construction certificate for road and drainage works to be carried out within public road reserves in compliance with the requirements of Australian Standard 1742.3 “Traffic Control Devices for Works on Roads”.
30. A Traffic Control Plan (TCP), prepared by a qualified work site traffic controller, is to be submitted with any construction certificate, demonstrating compliance with the Road & Traffic Authority’s Traffic Control At Worksites Manual, 1998, and detailing:-
(a) Public notification of proposed works.
(b) Long term signage arrangement.
(c) Short term (during actual works) signage.
(d) Vehicle Movement Plans, where applicable.
(e) Traffic Management Plans.
(f) Pedestrian and cyclist access/safety.
Access Way/Driveway
31. A separate application under the Local Government Act 1993 and Roads Act 1993 shall be submitted to Council for approval for the following:
(a) the installation of a vehicular footway crossing servicing the development, and the removal of any redundant crossings.
(b) the undertaking of work within a public road ( this includes Laneways, Public Pathways, Footways).
32. Works to be undertaken within, or connecting to, Pennant Hills Road, are to be designed and constructed in accordance with RTA policies and guidelines. Details are to be submitted with the application for a construction certificate to RTA for approval.
33. The internal driveway and parking areas are to be designed and constructed in accordance with Australian Standard 2890.1, 2890.2 and 3727. The pavements are to be designed by a Structural Engineer.
34. The proposed commercial vehicular crossings shall be designed and constructed in accordance with Council’s Civil Works - Design and Construction Specification 1999.
Carparking
35. Car spaces shall be line marked, sign-posted and made available for such purpose at all times.
36. Ten (10) public car parking spaces shall be located within the basement carpark as identified on the approved plans and shall provide easy and direct access for the public at all times.
37. Parking, loading and manoeuvring areas are to be used solely for such purposes.
38. In order to avoid vehicular conflict, the ingress and egress crossings shall be suitably signposted prior to occupation.
Drainage
39. Stormwater drainage from the site shall be designed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years. The design shall:-
(a) Be in accordance with Hornsby Shire Council Civil Works – Design Specification 1999.
(c) Ensure that the development, either during construction or upon completion, does not impede or divert natural surface water runoff so as to cause a nuisance to adjoining properties.(b) Provide for drainage discharge to the existing drainage system.
Drainage - On Site Detention
40. The drainage system is to be constructed with an on-site-detention system, having a capacity of not less than 50.7m3, and a maximum discharge, when full, of 53 l/s. The system shall be designed by a chartered professional civil engineer to the following requirements:
* A surcharge/inspection grate is to be located directly above the outlet.
* Stormwater discharge from the detention system is to be controlled via a one metre length of pipe not less than 50mm diameter discharging into a larger diameter pipe capable of carrying the design flow to Council's gutter/stormwater pit.
* The on-site detention systems within private or common courtyard areas must be designed so they do not impact on the amenity of the development or the use of such areas.* Where the on-site detention system is proposed under the vehicular driveway, the engineer is to certify that the detention tank is structurally capable of withstanding the maximum anticipated traffic loads.
A compliance certificate is to be submitted to Council which includes work-as-executed details of the on-site-detention system prepared by a chartered professional engineer/registered surveyor verifying that the required storage and discharge volumes have been constructed in accordance with the design requirements. The details are to show the invert levels of the onsite system as well as the pipe sizes and grades. Any variations to approved plans must be shown in red and supported by calculations.
41. A certificate from a chartered professional civil engineer/registered surveyor must be obtained prior to release of construction certificate verifying that the on-site detention system will function hydraulically in accordance with the approved design plans.
42. The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention/retention systems and outlet works, within the subject site in favour of Council to ensure the continued maintenance and performance of the stormwater management system in accordance with Council’s standard wording. The position of the on-site detention system is to be clearly indicated on the property title.
Retaining Walls
43. Should any masonry fence greater than 600mm in height be proposed to be erected as part of the development, the Construction Certificate shall address the manner of its construction.
44. Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, together with associated stormwater drainage measures, are to be designed and constructed by a chartered professional civil engineer or other appropriately qualified person. Details are to be included with plans and specifications to accompany any construction certificate.
ENGINEERING WORKS
45. Construction of an On-Site-Detention and drainage system in accordance with Hornsby Shire Council’s Civil Works Specifications 1999.
46. Construction of car parking to service the development in accordance with Hornsby Shire Council’s Civil works Specifications 1999 and AS 2890.1 and 2890.2.
47(a). Construction of commercial vehicular crossings and laybacks. The minimum width of all crossings shall be 6m minimum.
47(b). Construction of concrete footpath along the full frontage of the development in Thornleigh Street and Pennant Hills Road.
Easements & Restrictions on Title
48. Any easement(s) or restriction(s) on Title required by this consent must nominate Hornsby Shire Council as the authority to release, vary or modify the easement(s) or restriction(s).
49. All Section 88B restrictions and covenants created as part of this consent are to contain a provision that they cannot be extinguished or altered except with the consent of Hornsby Shire Council.
50. Easement for access and carparking benefiting Council for the public is to be created and placed on the title prior to issue of Occupancy Certificate.
Subdivision/Strata Plan
51. The subject properties comprising the development shall be consolidated into one lot and lodged with Land and Property Information New South Wales (formerly the Land Titles Office) prior to issue of the construction certificate.
Occupation Certificate
52. The cost of repairing any damage caused to Council's assets in the vicinity of the subject site as a result of construction works associated with the approved development is to be paid for by the applicant/developer prior to occupation certificate.
53. All conditions of the development consent are to be completed prior to the issue of the occupation certificate.
Works As Executed
ENVIRONMENTAL HEALTH AND BUILDING SURVEYOR54. A work-as-executed plan prepared by a Chartered Professional Engineer or a Registered Surveyor must be lodged with Hornsby Shire Council when the engineering works are complete (prior to the release of the Occupation Certificate).
Pre-Construction Inspections
55. Prior to the commencement of any works on the site, including the removal of vegetation or any demolition works the following measures shall be implemented and a satisfactory inspection carried out by an officer of Council. Inspections shall be arranged by telephoning Hornsby Shire Council on 9847 6760 at least 24 hours prior to works commencing;
55.2 Pre-existing kerb, gutter, footpath & road damage inspection.55.1 Sediment and erosion control measures being implemented;
Site Works
56. No site works, including the removal of vegetation or any demolition works, shall be commenced prior to:
56.2 Council having been given 48 hours notice of the destination/s of any excavation or demolition material.56.1 A construction certificate being issued.
Construction Certificate - Building
57. In order to certify that detailed construction plans and specifications are in accordance with the requirements of the Building Code of Australia, development consent and relevant Australian Standards, a construction certificate must be obtained from either Council or an accredited certifier prior to building works commencing.
Building Code of Australia
58. All building work must be carried out in accordance with the requirements of the Building Code of Australia.
Fire Hazard Properties
59. Materials and assemblies of the building are to comply with Specification C1.10 of the Building Code of Australia. Certification in respect of compliance with the above is to be submitted to the PCA and Council.
Safety Glazing
60. All glazing is to comply with Part B 1.3 of the Building Code of Australia and Australian Standards 1288 & 2047. Certification in respect of compliance with the above is to be submitted to the PCA and Council.
Ventilation
61. Ventilation to the building is to comply with Part F 4 of the Building Code of Australia and Australian Standards 1668 Part 2-1991. Certification in respect of compliance with the above is to be submitted to the PCA and Council.
Fire Safety Schedule
62. In accordance with clause 168 of the Environmental Planning and Assessment Regulation 2000 fire safety measures shall be implemented in the building. A schedule of all proposed and existing Essential Fire Safety Measures to be installed in the building (eg: hydrants, hose reels, exit signs, smoke control systems) shall be submitted with the Construction Certificate application and distinguish between the existing and proposed fire safety measures. Should the Construction Certificate involve the use of an alternate solution, the application must also be accompanied by details of the performance requirements that the alternate solution is intended to meet and the assessment methods use to establish compliance with those performance requirements.
Fire Safety Certificate – Final
63. In accordance with Part 9, Division 4 of the Environmental Planning & Assessment Regulation, 2000, the owner of the building must, on completion of the building, provide Council with a certificate in relation to each essential fire safety or other safety measure implemented in the building.
Fire Safety Statement - Annual
64. In accordance with Part 9, Division 5 of the Environmental Planning & Assessment Regulation, 2000, at least once in each period of 12 months after the date of the first fire safety certificate, the owner shall provide Council with a further certificate in relation to each essential service installed in the building.
Engineers - Structural
65. A qualified practising chartered Structural Engineer shall inspect the slab steel reinforcement prior to the pouring of any concrete and supply the Principal Certifying Authority and a copy to Hornsby Shire Council with a certification of structural adequacy.
66. Chartered professional structural engineer's details are to be submitted with the construction certificate application demonstrating how the panellised or ‘tilt-up’ reinforced concrete walls will comply with the BCA.
Sediment & Erosion Control
67. Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of the NSW Department of Conservation and Land Management's "Urban Erosion and Sediment Control" manual, Hornsby Shire Council’s “Sustainable Water Best Practices” manual and shall: -
* be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority’s satisfaction.
* include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition.* include a single all weather accessway at the front of the property consisting of 50-75mm aggregate or similar material at a minimum thickness of 150mm and metres long, laid over geotechnical fabric and constructed prior to commencement of works.
* No site works are to commence until the sediment control installation has been inspected and approved by the Principal Certifying Authority. At least 48 hours notice is to be given for the inspection of such works. A compliance certificate shall be submitted to Hornsby Shire Council with the notification for commencement of works.* ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.
68. To prevent sediment-laden water affecting downstream properties and the water quality of a watercourse, Council’s street drainage system and the like, Hornsby Council shall be notified by telephoning 9847 6760 at least two (2) days prior to the intention to commence works for Council to inspect the sediment and erosion control devices to ensure they are installed in accordance with this consent.
Dust Control
69. Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition/excavation/construction works.
Signs for Building and Demolition Sites
70. A sign must be erected in a prominent position on the premises, on which the erection or demolition of a building is being carried out, stating that unauthorised entry to the premises is prohibited and showing the name of the builder or other person in control of the premises and a telephone number at which the builder or other person may be contacted during and outside work hours.
- The sign is to be removed when the erection or demolition of the building has been completed. This condition does not apply to building work carried out inside an existing building or building work carried out on premises, that is to be occupied continuously (both during and outside working hours) while the work is being carried out.
Demolition
71. All demolition work is to be carried out in accordance with the applicable provisions of Australian Standard 2601-2001 ‘The Demolition of Structures’.
Note: Applicants are reminded that WorkCover NSW requires all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications.
72. Carrying out of demolition works is restricted to Monday to Friday between the hours of 7.00am and 6.00pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays.
Asbestos Removal
73. On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm is to be erected on the site in a prominent position visible from the street. The sign is to be erected prior to any work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility. This condition is imposed for the purpose of worker and public safety and to ensure compliance with Clause 259(2)(c) of the Occupational Health and Safety Regulation 2001.
Excavation & Backfilling
74. All excavations must be properly guarded and protected to prevent them from being dangerous to life or property.
Support For Neighbouring Properties
75. If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made must:
- * preserve and protect the building from damage;
* if necessary, underpin and support the building in an approved manner; and
* at least 7 days before excavating, give notice of intention to do so to the adjoining owner and furnish particulars to the owner of the proposed work.
76. A Dilapidation Report is to be prepared by a chartered professional structural engineer at the applicant’s expense, detailing the structural condition of adjoining properties, including Council’s property, and their ability to withstand the proposed excavation. This report must include any measures required to be incorporated to ensure that no damage will occur during the course of works. The report shall be submitted to the principal certifying authority prior to any excavation works taking place. Such works shall take place in accordance with the recommendations of the report.
Protection of Public Places.
77. If the erection or demolition of a building causes pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, a fence must be erected between the building premises and the public place. The fence must be at least 1.8m high of chainwire and galvanised pipe construction. Welded wire reinforcing fabric is not to be used.
78. If the erection or demolition of a building will cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or unsafe, or the erection or demolition of a building involves the enclosure of a public place, a hoarding must be erected between the building premises and the public place. The erection of any hoarding and temporary awnings requires separate approval under the Local Government Act, 1993.
79. The work site is to be kept lit between sunset and sunrise if it is likely to be a source of danger to persons using a public place or upon instruction by Council to enhance the safety and security of the area in which the work is located.
80. Any hoarding, fence or awning is to be removed when no longer required.
Inspections – Building
81. The building works must be inspected by the Principal Certifying Authority certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages: -
- * The pier holes/pads before they are filled with concrete.
* The levels of each floor prior to the pouring of concrete or other means of construction.
* Retaining walls / underpinning when in position and before concrete is placed.
* The framework including roof members when completed and prior to the fixing of any internal sheets.
* The wet areas, damp-proofing and flashing before or after lining, whichever is applicable.
* Stormwater drainage lines prior to backfilling of trenches.
* The building or structure when completed and before occupation or use is commenced.
* The fire protection of penetrations to any fire rated element before covering.
* On completion of the floor covering, coving and wall lining, but prior to the installation of internal fittings.
* On completion of the fitout of the food premises, prior to the commencement of operation.
It is the responsibility of the builder/applicant to organise the required inspections and compliance certificates in accordance with the development consent. Should Council be nominated as the certifier of works, inspections can be arranged by contacting Council on 9847 6760 during normal business hours.
Survey Reports
82. To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the principal certifying authority at each level of construction of the building (prior to the pouring of concrete) indicating that the finished floor level is in accordance with the approved plans.
83. The following documentary evidence is to be submitted to the Principal Certifying Authority prior to the issue of the subdivision certificate:
* a surveyor's certificate stating that no services, drainage lines or accessways encroach over the proposed boundary other than as provided for by easements created by the Final Plan of Subdivision.* a compliance certificate certifying that all structures within the subject land comply with the Building Code of Australia.
Noise
84. The use of amplified equipment, such as radios and the like, during construction stage shall not be used where the noise is audible on any neighbouring property.
Council Property
85. The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish to be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.
86. The cost of repairing any damage caused to Council's assets as a result of construction works associated with the approved development is to be met in full by the applicant/developer prior to the issue of a subdivision certificate.
87. This approval does not give right of access to the site from Council owned or controlled land (other than a public road), a park, a reserve or the like. Should such access be required, written approval is to be obtained from Council’s Environment Division.
Subterranean Termites
88. The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites ".
89. Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Clause B1.1, B1.3.)
Cooling Towers
90. All cooling towers are to be designed and installed in accordance with Australian/New Zealand Standard AS/NZS 3666.1:1995 Air-Handling & Water Systems of Buildings – Microbial Control, Part 1: Design, Installation & Commissioning and a compliance certificate certifying same is to be submitted to Council with the occupation certificate.
91. The cooling tower shall be registered with Council’s Environment Division on completion of the building by telephoning 9847 6666.
Toilet Facilities
92. Closet accommodation is to be provided at the work site at all times at the rate of one closet for every 20 persons and be located wholly within the boundaries of the property.
Occupation
93. The building or part thereof shall not be occupied until an occupation certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.
94. The premises shall be occupied solely for the approved use. No separate occupation or use of any part of the premises shall take place without prior development consent, (other than for exempt or complying development).
Special Building Conditions
95. Access for people with disabilities shall be provided to the ground floor of the separate commercial building.
96. Additional female toilets shall be provided in accordance with requirements of the Building Code of Australia.
97. Storage areas shall be one hour fire rated.
17 Additional Condition
98. That car parking space No. 2 not be designated as a disabled parking space and car parking space No. 19 be widened and designated as a disabled car space in accordance with AS 2890.1
Additional Deferred Commencement Condition
99. Disabled access to be provided from the designated the designated disabled car parking space within the public car parking area to the adjoining public roadway in accordance with the requirements of Part D3 of the BCA to the satisfaction of the Council. This access is to be located generally in the vicinity of the stairs at the north-east corner of the building.
Schedule A
1. Landscape Plan - Drawing No LP101 Issue B, dated 14 October 2002, prepared by Site Image Landscape Architects;
2. Landscape Installation Details – Drawing No LP102 Issue B, dated 14 October 2002, prepared by Site Image Landscape Architects;
3. Drawing Register and Location Plan – Drawing No DA00 Issue A, dated 23 October 2002, prepared by Bird de la Coeur Architects Pty Limited;
4. Site Plan and Shadow Diagram – Drawing No DA01 Issue A, dated 23 October 2002, prepared by Bird de la Coeur Architects Pty Limited;
5. Ground Floor Plan – Drawing No DA02 Issue A, dated 23 October 2002, prepared by Bird de la Coeur Architects Pty Limited;
6. First Floor Plan – Drawing No DA03 Issue A, dated 23 October 2002, prepared by Bird de la Coeur Architects Pty Limited;
7. Basement 1 and 1A Floor Plan – Drawing No DA04 Issue B, dated April 2004, prepared by Bird de la Coeur Architects Pty Limited;
8. Basement 2 and 2A Floor Plan – Drawing No DA05 Issue B, dated April 2004, prepared by Bird de la Coeur Architects Pty Limited;
9. Plans Elevations – Streetscapes – Drawing No DA06 Issue B, dated May 2004, prepared by Bird de la Coeur Architects Pty Limited;
10. Plans Elevations – Drawing No DA07 Issue A, dated 23 October 2002, prepared by Bird de la Coeur Architects Pty Limited;
11. Plans Sections – Drawing No DA08 Issue A, dated 23 October 2002, prepared by Bird de la Coeur Architects Pty Limited;
0
0
1