Egisto v Canada Bay CC
[2005] NSWLEC 177
•03/31/2005
Land and Environment Court
of New South Wales
CITATION: Egisto v Canada Bay CC [2005] NSWLEC 177
PARTIES: APPLICANT
Pompeo Joseph EgistoRESPONDENT
Canada Bay City CouncilFILE NUMBER(S): 10418 of 2004
CORAM: Brown C
KEY ISSUES: Development Application :- demolition of an exisitng commercial premises and the construction of a three level mixed use development - basement carpark - adaption to future development
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Drummoyne Local Environmental Plan 1986DATES OF HEARING: 15/12/2004 and 31/03/2005 EX TEMPORE JUDGMENT DATE: 03/31/2005
LEGAL REPRESENTATIVES: APPLICANT
Mr B. Goldsmith, Agent
of BT Goldsmith Planning ServicesRESPONDENT
Ms J. Wauchope, solicitor
SOLICITORS
Maddocks
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESBrown C
31 March 2005
JUDGMENT10418 of 2004 Pompeo Joseph Egisto v Canada Bay City Council
1 This is an appeal against the refusal by the City of Canada Bay (the council) of Development Application 657/03 for the erection of a three level mixed - use development at 147-149 Great North Road, Five Dock.
2 The application originally submitted to the Court was in the form of two separate, but related appeals, being No’s 10418 of 2004 and 11289 of 2004. At the hearing on 31 March 2005, a Notice of Discontinuance was filed in relation to Appeal No 11289 of 2004.
3 The remaining appeal relates to the demolition of an existing commercial premises and the erection of a new three level mixed - use development and basement car park. The site is within the Five Dock Commercial Precinct that contains a mix of development extending up to three storeys in height.
4 The relevant planning controls include Drummoyne Local Environmental Plan 1986 (the LEP) and Drummoyne Comprehensive Development Control Plan (the DCP). The site is zoned General Business 3(a) and the proposed use is permissible with consent within that zone.
5 The DCP and LEP contain a range of numerical standards however it was agreed that the proposed development satisfies the numerical requirements within these planning documents.
6 The Statement of Issues filed by the council contains two substantive issues. The first issue relates to the basement car parking and specifically the deficiency in the amount of car parking and also the need to provide some flexibility in the design so that a future efficient layout could be achieved with the redevelopment of adjoining sites. The second issue relates to a single objection received when the application was advertised by the council. The objector raises similar issues to that raised by the council in terms of the basement car park and access requirements.
7 The council’s legal representative advised the Court that while she had no instructions to enter into Consent Orders, the council did not oppose the approval of the application.
8 The parties agreed to the appointment of Mr Tony Moody as the Court appointed town planning expert and Mr Graham Pindar as the Court appointed traffic expert.
9 The matter was originally heard on site on 15 December 2004 where a number of issues were raised with the Court dealing with the provision of car parking on the site. Because of the need to provide a flexible and adaptable approach to the car parking in the basement level and also the need to provide some car parking by way of contribution, the appeal was adjourned for further discussions between the parties. Both parties supported this approach.
10 Following the adjournment, the parties further discussed the issues and when the hearing recommenced on 31 March 2005, the Court was advised that a s 94 contribution plan has been prepared and was currently on exhibition. The draft conditions of approval contained a condition requiring the payment of a contribution for the spaces in lieu of providing the spaces on site. This condition was acceptable to the applicant. Also, amended plans amended the layout of car parking spaces in the basement to provide the necessary flexibility for future development in the area.
11 While Mr Moody initially raised some concerns over the visual appearance of the building, particularly the upper level where a caretaker’s flat was proposed, the applicant provided amended plans to address this issue.
12 Following consideration of the amended plans, Mr Pindar and Mr Moody raised no objections to the proposed development.
13 Having reviewed the documentation provided by Mr Moody and Mr Pindar and the amended plans, I see no reason why development consent should not be granted subject to the agreed conditions.
14 I note that the objector to the proposed development was not advised of the hearing, however I have reviewed his objection and noted the comments in reply from Mr Moody and Mr Pindar. On this basis, I accept that the concerns expressed in the letter of objection are satisfactorily addressed by the two Court appointed experts.
15 I acknowledge that the basement car park area currently does not provide car parking at this time; however, it is part of a wider strategic approach to the provision of car parking in the Five Dock area. Mr Moody correctly acknowledges the benefits of providing car parking in this manner as it provides the opportunity for more effective car parking in the future as properties in the area are redeveloped. I consider this an appropriate town planning response to an important issue such as car parking in the area.
16 Based on the foregoing, the Orders of the Court are:
(1) The appeal is upheld.
(2) Development application 65703 for the demolition of an existing building and the erection of a mixed-use development at 147-149 Great North Road, Five Dock, is approved subject to the conditions in Annexure “A”.
(3) The exhibits are retained.
________________________
G T Brown
Commissioner of the Court
ljr
Annexure “A”
Conditions of Development Consent
Pompeo Joseph Egisto v Canada Bay City Council
Premises: 147 – 149 Great North Road, Five Dock
DA 657 2003
Development shall take place and operate generally in accordance with this consent accompanied by
Drawing No. Prepared by: Issue: 1 – Site Analysis Plan F Brundu A 18.8.04 2 – Ground floor and first floor plan F Brundu 19.7.04 3 – Basement and Roof Level plan F Brundu A 18.8.04
as amended by 11 October 2004 roof top treatment plans.4 – Elevation Plans F Brundu A 18.8.04 5 – Elevation and Section Plan F Brundu A 18.8.04
except where otherwise altered or amended by other conditions of this consent.
Any minor modification to the approved plans will require the lodgement, and assessment of an “Application to Modify Consent” under Section 96 of the Environmental Planning and Assessment Act, 1979, (as amended). Major modifications to the approved plans shall require the lodgement, and consideration of a new Development Application.
(Reason: Statutory requirement and to clarify the terms of the consent)
2. Prior to the issue of the construction certificate the existing development consent in relation to the property must be surrendered. Evidence of the surrender of the consent must be provided to the Principle Certifying Authority.
3. Prior to the issue of the construction certificate the Applicant must provide to Council details of the materials and finishes of the screening pergola on the roof terrace.
4. This consent does not approve any works within Fred Kelly Reserve, and the Applicant must not enter or undertake any work within adjoining public lands without the prior written consent of City of Canada Bay Council. In this regard the applicant must liaise with Council prior to the commencement of any design works. Council shall require a security bond (amount to be advised upon approval of works) to be deposited for all work undertaken on Council property
(Reason: Protection of infrastructure and the environment).
- The rooftop is not to be used for any use associated with the commercial, restaurant or retail uses, other than the services and lift well area being used for the purposes of services and lift overrun.
The permitted use of the ground floor of the development is for shops.
All customers are to vacate the premises by the end of the specified hours.
The hours of operation of are restricted to between 7am and 11pm Sunday to Wednesday, 7am to 12am Thursday to Saturday.
This approval does not authorise musical or other forms of entertainment. A separate development consent and place of public entertainment licence would be required for such activities/events.
Any liquor supplied or sold on the premises under a license pursuant to the Liquor Act 1982 (NSW) shall be sold, supplied and consumed in the restaurant only, in the reception area (if any) or at a table in the restaurant and with or as ancillary to a meal consumed at a table in the restaurant.
Separate consent under S68 of the Local Government Act, 1993, S125 (footway restaurants) of the Roads Act 1993/S139A (Street Vending) of the road shall be obtained and no activity on this public way shall occur until such consent has been issued.
All work must be carried out in a professional and workmanlike manner in accordance with the provisions of The National Code for the Construction and Fitout of Food Premises, Food Act 1989 and the Food Regulation 2001.
(Reason: Safety and amenity)
At no time may any signs, sound amplification equipment and the like or goods for sale or display be placed on the public road, public footpath, service land, parking area and driveways, public or private pedestrian walkways, outside the shop or in the immediate vicinity without prior consent of Council.
(Reason: Further approvals)
A separate development application for any proposed signs which are either externally fitted or applied must be submitted for the approval of Council, prior to the erection or display of any such signs. This does not apply to signs which are classified as being ‘Exempt Development’.
(Reason: Amenity, health and safety)
Portable signs or goods, commonly described as ‘sandwich boards’ and the like for sale or display shall not be placed on the footway or other public areas.
(Reason: Safety and Legal Requirements)
Fork lift trucks or other similar loading, lifting and/or carrying appliances used in conjunction with the premises must not be operated over or upon any public road or footway at any time.
Upon the Council's adoption of the Five Dock Masterplan the Applicant/Owner shall register a positive covenant and/or a restriction as to user pursuant to section 88E of the Conveyancing Act in favour of Council, binding the owner and successors in title to provide a public right of way over a portion of the basement in such a way as to allow access for the public and users of the subject premises across the property at basement level (to and from adjoining properties) in accordance with (and to facilitate the implementation of) Council's Five Dock Masterplan.
17. Sydney Water Requirements
The applicant must contact Sydney Water, to determine the Corporation's requirements for the disposal of trade waste. Prior to the issue of a Construction Certificate, the applicant must provide a copy of the Authority to connect to the sewer system.
18. The payment of a section 94 contribution pursuant to the provisions of Council's s94 Plan for Parking (147 – 149 Great North Road, Five Dock), as follows.
| Parking space needs generated by the development | Total parking spaces |
Retail - 5 spaces | 23 |
| Less Credit for existing retail | 12 |
| Contribution | 11 spaces @ $27,000 per space $297,000.00 |
| Less credit for Right of Way over property | $82,000.00 |
| TOTAL | $215,000.00 |
The monies are to be paid prior to the approval of the construction certificate, by cash or bank cheque.
(Reason: Environmental health)
The occupant or person in control of the premises must take all practicable steps to ensure that the area of public footpath or public area adjacent to the premises is maintained in a clean and tidy condition. Where a litter problem arises and the offending material is found to usually include wrappers, containers or the like, and remains of goods or items which it might reasonably be assumed were purchased at the subject premises, the shopkeeper must comply with any direction of City of Canada Bay Council with regard to the regular sweeping, collection and disposal of rubbish.
20. Drainage Study:
A detailed drainage study shall be prepared by a suitably qualified engineer and submitted with the construction certificate, demonstrating the development has no adverse effects on adjoining properties as a result of flooding and stormwater runoff and that there is adequate protection for buildings against the ingress of surface runoff.
(Reason: Stormwater drainage)
21. Stormwater Runoff:
Stormwater runoff from all roof and paved surfaces shall be collected and discharged by means of a gravity pipe system to the street gutter at a maximum discharge of 15 L/sec for the 1:100 ARI.
22. Details and Calculations:
The following stormwater drainage details and calculations shall be provided as part of the documentation forwarded with the Construction Certificate shall include:
a) A catchment plan.
b) Plans showing proposed and existing floor, ground and pavement levels to AHD.
c) Details of pipelines and/or channels showing calculated flows, velocity, size, materials, grade, invert and surface levels.
d) Details and dimensions of pits and drainage structures.
e) Hydrologic and hydraulic calculations.
f) Details of any services near to or affected by any proposed drainage lines.
g) Any calculations necessary to demonstrate the functioning of any proposed drainage facility is in accordance with Council's requirements.
(Reason: Stormwater drainage)
23. On-site Stormwater Detention:
On-site Stormwater Detention storage shall be provided in conjunction with the stormwater disposal. This storage shall be designed in accordance with Council's Stormwater Management Code requirements. Details of the storage shall to be submitted to and approved by the PCA prior to the release of the Construction Certificate.
(Reason: Stormwater drainage)
Council requires that a detailed stormwater management plan and relevant calculations be submitted for approval prior to the issue of a Construction Certificate. All stormwater calculations and designs should be completed by a suitably qualified engineer. The stormwater calculations and designs must comply with the requirements set out in Council's Stormwater Management Code.
(Reason: Stormwater drainage)
25. Council Controlled Land:
For drainage works within council controlled lands connecting to council's stormwater drainage system, inspections will be required after the excavation of pipeline trenches, laying of all pipes, prior to backfilling, and completion of all pits and connection points. If Council is appointed the PCA, a minimum of one (1) working day's notice shall be given to obtain an inspection. Work is not to further proceed until the works or activity covered by the inspection is approved.
(Reason: Stormwater drainage)
Prior to occupation of the development and prior to issue of an occupation certificate the applicant shall register a positive covenant and or a restriction as to user and or an instrument under section 88e and or section 88b of the conveyancing act as appropriate in favour of Council insuring the ongoing retention, maintenance and operation of an on site stormwater detention system. It shall be in the form described in Appendicies B2-B7 of the Upper Parramatta River Catchment Trust On Site Detention Handbook and generally to the reasonable satisfaction of Council’s Manager, Assets and Infrastructure.
(Reason: Stormwater drainage)
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. For details see the Sydney Water web site then the “e-developer” icon or telephone 13 20 92.
Following application a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway and landscape design.
The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision
(Reason: Information)Notice this must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.
The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Care Centre to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. The approved plans will be appropriately stamped. For Quick Check agent details please refer to “Your Business” section of Sydney Water’s web site at then see Building and Renovating under the heading Building and Developing, or telephone 13 20 92.
( Reason: Information)The consent authority or private accredited certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the commencement of building works.
(Reason: Health and amenity )
Toilet facilities must be provided at a rate of one toilet for every 20 persons or part employed at the site.
The construction of a building in accordance with a consent must not commence until:(Building Works Complying Development Certificate):
(a) The person having the benefit of the certificate has appointed the
Principal Certifying Authority (PCA); and
(b) The PCA (if not Council) has, no later than two (2) days before the
building work commences to:
- Notify Council (or other consent authority where applicable) of
the PCA's appointment; and
- Provide the person with the benefit of the consent with notice of
any critical stage inspections and other inspections that will need to
be carried out. (The notice must comply with cl 135A of the
Regulation).
(c) The person having benefit of the certificate has either appointed a
principal contractor and notified the PCA of that appointment [ or
notified the PCA that the person will carry out the building work
as an owner-builder, if that is the case ]; and
NB: Crown development is exempted from the above requirements.(d) The person having benefit of the certificate, if not carrying out the
development as an owner-builder, has notified the principal
contractor of the inspections required by the PCA.
(Reason: Statutory Requirements)
(Reason: To ensure compliance with approved plans)
Stamped plans, specifications and the consent shall be available on site at all times during construction.
(Reason: Safety)
The construction area shall be fenced with a 2.1 metre high fence to prevent inadvertent access by the public. Fabric mesh or the like, used in reinforced concrete will not be accepted as appropriate fencing of the construction area. Details of the type of fencing shall be submitted to Council or an Accredited Certifier prior to the issue of a Construction Certificate . Upon occupation of the building the construction security fencing shall be removed within seven (7) days.
(Reason: Public safety)
A hoarding being constructed on the footpath adjacent to the building site to protect pedestrians during demolition of the existing building and construction of the new building. The hoarding shall not encroach more than 1.8m or half the width of the footpath, and shall be at least 1.8m high and painted white. The hoarding is to be kept in good condition, free of projections and if required by Council, to be adequately lit during the night. In the above regard formal application shall be made to Council with applicable fees and charges paid.
(Reason: Public safety)
An overhead "B" class hoarding, complying with the requirements of the Department of Industrial Relations & Technology, being constructed over Council's footpath to protect pedestrians during demolition of the existing building and the erection of the new building. Demolition or construction work not commencing until the hoarding has been erected and approved by Council and Workcover Authority and applicable fees and charges paid.
Construction and related work on the premises that will, or does, cause noise, will not take place, nor shall machinery, including vehicles, operate upon the property outside the hours of 7.00 am to 5.00 pm. Mondays to Fridays, and 8.00 am to 1.00 pm Saturdays. No work to occur on Sundays and public holidays.
(Reason: Safety and amenity)Where the development involves the use of jackhammers/rockbreakers or other heavy machinery, work shall be restricted to 7.00 am – 5.00 pm Monday to Friday only.
(Reason: Safety and amenity)
Approved silencing measures shall be provided and maintained on all power-operated plant used in demolition, excavation, earthworks, and construction of the building, or work.
(Reason: Environmental amenity)
Where a dust nuisance is likely to occur, suitable screens and/or barricades shall be erected during demolition, excavation and building works. If necessary, water sprays shall be used on the site to reduce the emission of dust. Screening shall consist of a minimum 2 metres height of shade cloth or similar material secured to a chain wire fence or the like.
:
(Reason: Structural safety )
All excavation and backfilling works associated with the demolition or construction of a building shall be executed safely, properly guarded and protected to prevent them from being dangerous to life or property, and in accordance with the appropriate professional standards. Details shall be submitted prior to the issue of a Construction Certificate where applicable.
(Reason: Structural safety )
If soil conditions so require it, retaining walls associated with the demolition or construction of a building shall be provided, and adequate provision shall be made for drainage. Details shall be submitted prior to the issue of a Construction Certificate where applicable.
:
Where excavation extends below the level of the base of the footings of any building on adjoining land, the person carrying out such excavation:
Must preserve and protect any building on adjoining land for damage associated with the works,
If necessary, must underpin and support the building in an approved manner, and
Details shall be submitted prior to the issue of a Construction Certificate where applicable.Must give written notice of intention to do so to the owner of the adjoining allotment of the land at least 7 days prior to excavating below the level of the base of the footings of a building on an adjoining allotment of land.
- (Reason: Structural safety )
(Reason: Safety)
If the work involved in the demolition or construction of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the closure of a public place, a hoarding or fence shall be erected. Hoardings shall be erected to comply with the requirements of Workcover and the Principal Certifying Authority.
Where applicable inspections of the development site may be required to be undertaken at the following stages:
(a) At the commencement of the building work; and
(b) Prior to covering of waterproofing in any wet areas, for a minimum
of 10 % of rooms with wet areas within a building; and
(c) Prior to covering any stormwater drainage connections; and
(e) Other.(d) After the building work has been completed and prior to any
occupation certificate being issued in relation to the building.
- If the person having the benefit of the development consent appoints Council as the PCA, Council will give written advice as to what critical stage inspections apply.
- Prior to issuing an occupation certificate or subdivision certificate the PCA must be satisfied that the work has been inspected on the above occasions.
- Except as provided by subclause (d), the inspections may be carried out by the PCA or, if the PCA agrees, by another certifying authority.
For each inspection the principal contractor ( or owner-builder ) must notify the PCA at least forty eight (48) hours in advance that the site is ready to be inspected prior to the commencement of work on the next stage.The final inspection detailed at subclause (d) may only be carried out by the PCA.
Where applicable each inspection costs $125 per inspection.
(a), (b), (d), (e), (h), (i), (k), (l), (m)
(Insert refers to inspections to be undertaken should Council be appointed the PCA and the total cost of inspections)$580.00
(Reason: Statutory Requirements)
In order to ensure compliance with approved plans, a Survey Certificate, prepared to Australian Height Datum, shall be prepared by a Registered Surveyor showing the following:-
(a) At the completion of excavation, prior to the placement of any
footings, showing the completed level of the excavation and its
relationship to the boundaries.
(b) Prior to placement of concrete, the ground floor level, showing the
level of the form work and its relationship to boundaries including
relevant footpath and roadway levels.
(c) Prior to placement of concrete at each third floor level showing the
principal level of the formwork and the intended relationship of the
completed works to the boundary.
(d) Prior to roofing, or completion of the highest point of the building,
showing the anticipated level of the completed work and the
relationship to the boundary.
(e) At completion, works showing the relationship of the building to
the boundary.
(Reason: To ensure compliance with approved plans)Progress certificates in response to points (a) through to (e) shall be produced to the Council or the Principal Certifying Authority at the time of carrying out relevant progress inspections. Under no circumstances will work be allowed to proceed should such survey information be unavailable or reveals discrepancies between the approved plans and the proposed works.
(Reason: Statutory requirement)
The payment of a long service levy as required under part 5 of the Building and Construction Industry Long Service Payments Act. 1986, in respect to this building work, and in this regard, proof that the levy has been paid, is to be submitted to Council prior to the release of the approved plans. Council acts as an agent for the Long Services Payment Corporation and the levy may be paid at Council’s Office. The levy rate is 0.2% on building work costing $25,000.00 or more.
(Reason: Structural safety)
All precautions must be taken to prevent any damage likely to be sustained to adjoining properties. Adjoining owner property rights must be observed at all times. Where damage occurs to adjoining property all necessary repair or suitable agreement for necessary repairs are to be undertaken by the applicant in consultation with, and with the consent of, the affected property owner prior to the occupation of the development or issue of a building certificate.
:-
A Construction Management Program shall be prepared and submitted with the application for a Construction Certificate. The program shall detail:
(a) The proposed method of access to and egress from the site for
construction vehicles, including access routes through the Council
area and the location and type of temporary vehicular crossing for
the purpose of minimising traffic congestion and noise in the area;
(b) The proposed method of loading and unloading of excavation and
construction machinery, excavation and building materials,
formwork and the erection of any part of the structure within the
site. Wherever possible, mobile cranes should be located wholly
within the site;
(c) The proposed areas within the site to be used for the storage of
excavated materials, construction materials and waste containers
during the construction period;
(d) The proposed method/device to remove loose material from all
vehicles and/or machinery before entering the road reserve, any
run-off from the washing down of vehicles shall be directed to the
sediment control system within the site;
(e) The proposed method of support to any excavation adjacent to
adjoining properties, or the road reserve. The proposed method of
support is to be designed by an appropriately qualified engineer;
(f) `Proposed protection for Council and adjoining properties;
(g) The location and operation of any on-site crane; and
(Reason: Maintenance of environmental amenity)(h) Traffic Management Plan indicating strategies to ensure safe egress
onto the public way. Particular consideration to be given to the
safety of pedestrians traversing the footway adjacent to the site.
A photographic survey of adjoining properties detailing the physical condition of those properties, both internally and externally, including such items as walls, ceilings, roof, structural members and other similar items, shall be submitted to the Principal Certifying Authority prior to the issue of a Construction Certificate.
On completion of the excavation and building works and prior to occupation of the building, a certificate stating to the effect that no damage has resulted to adjoining premises is to be provided to the Principal Certifying Authority.
If damage is identified which is considered to require rectification, the damage shall be rectified or a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible and prior to occupation of the development.
(Reason: Structural Safety)All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.
(Reason: Structural safety)
A report prepared by an independent Accredited Engineer, at no cost to the Council, detailing the structural adequacy of adjoining properties, and their ability to withstand the proposed excavation and any measures required to be incorporated into the work to ensure that no damage will occur during the course of the works, shall be submitted to Council, or the Principal Certifying Authority with the Construction Certificate.
A comprehensive geo-technical engineering report assessing the impact and safety of the proposed works shall be prepared by a suitably experienced and qualified geo-practitioner and submitted with any Construction Certificate. The report must include the results of subsurface investigations involving either test pits to rock, or preferably the drilling of cored boreholes (to 1m below the proposed final excavation level). The report shall describe inter alia:-
- (a) an indication of the nature and depth of any uncontrolled fill at the
site;
(b) an indication of the nature and condition of the material to be
excavated;
(c) indications of groundwater or seepages;
(d) required temporary measures for support of any excavations deeper
than 1m adjacent to property boundaries;
(e) statement of required excavation methods in rock and measures
required to restrict ground vibrations;
(f) other geo-technical information or issues considered relevant to
design and construction monitoring.
(Reason: Structural safety)The applicant shall pay all costs associated with having the submitted report reviewed by another suitably qualified geo-practitioner.
(Reason: To ensure compliance with approved plans)
Footings, walls, roof barges and guttering are to be constructed wholly within the boundaries of the premises and if necessary, to comply with this condition, footings on boundary are to be offset.
:
(Reason: Health and safety)
All excavations must be kept free from the accumulation of water.
The procedures that shall be adhered to in the removal of asbestos are:-
(a) All windows and doors on the building must be closed, in the case
of houses and similar buildings.
(b) Workers must wear overalls and an approved dust respirator.
(c) No power tools other than drills for the removal of the roofing
screws are to be used on the asbestos cement sheeting.
(d) The asbestos cement sheets should be wetted. High water pressure
must not be used.
NOTE: When removing roofing, wetting may be dangerous.
(e) On home sites, plastic sheeting should be laid in the area where the
removed sheets are to be stacked.
(f) All asbestos cement sheets must be removed with minimal
breakage and be lowered to the ground.
(g) All asbestos cement residues should be cleaned from the roof
space, where applicable, and the site, using an approved vacuum
cleaner or wet methods.
(h) All asbestos containing waste must be wetted and removed from
the site as soon as possible in covered bins or on a covered truck.
(i) The waste must be disposed of at a tip recommended by the
Environmental Protection Authority.
(j) In the absence of an analysis, all asbestos cement sheeting must be
treated as though containing arnosite or crocidolite forms of
asbestos as well as chrysolite.
(k) Asbestos cement sheets from the demolition site must not be
reused. NSW Regulations prohibit the use of materials containing
arnosite or crocidolite in construction work.
(Reason: Environmental health)Any work carried out on asbestos cement is to be in accordance with those provisions relating to asbestos cement within the NSW Construction Safety Act, 1912 Regulations 84A-J ‘Construction Work Involving Asbestos or Asbestos Cement 1983’, as amended 1984.
At least forty-eight (48) hours prior to the commencement of demolition, the demolisher shall lodge with Council the following:-
(Reason: Statutory requirements)(i) Written notice indicating the date when demolition of the building
is to commence.
(ii) Details of name, licence, address and business hours contact
number.
(iii) Copy of the demolisher’s current public liability/risk insurance
policy indicating cover of at least $5,000,000.
Demolition works shall be carried out between the following hours:
(Reason: Amenity)Monday to Friday, inclusive 7.00a.m. to 5.00p.m.
Saturday 8.00a.m. to 1.00p.m.
Sunday and Public Holidays No work
(Reason: Health and amenity)
No demolition materials shall be burnt on or adjacent to the site.
(Reason: Health and amenity)
All possible and practical steps shall be taken to prevent nuisance to the inhabitants of the surrounding neighbourhood from wind blown dust, debris, noise and the like.
(Reason: Information)
The consent does not preclude the demolisher from giving notice to other Statutory Authorities as the Water Board, Workcover, etc. and the like.
The demolisher shall:-
- (1) cause motor lorries leaving the site with demolition material and
the like to have their loads covered;
(2) ensure the wheels of vehicles leaving the site do not track soil and
other waste material onto the public roads adjoining the site.
(Reason: Environmental health)
Hazardous and/or intractable wastes arising from the demolition process shall be removed and disposed of in accordance with the requirements of the relevant Statutory Authorities, and receipts submitted to Council for verification of appropriate disposal.
(Reason: Compliance with Australian Standards)
Demolition shall take place in accordance with AS 2601-1991 – The Demolition of Structures.
(Reasons: Statutory Requirement and health and safety)
The site shall be secured prior to the commencement of demolition and to the satisfaction of the Council or the Accredited Certifier and in accordance with Clause 146 of the Environmental Planning and Assessment Regulation 2000
Pursuant to Part 9, Division 5 of the Environmental Planning and Assessment Regulation (as amended) the owner of the building shall furnish Council with an Annual Fire Safety Statement from a competent person so as to certify the essential fire safety measures in the building. The Annual Fire Safety Statement shall be within 12 months of the issue of the fire safety certificate, and then on an annual basis.
A copy of the Fire Safety Statement obtained and Fire Safety Schedule shall also be:-
(1) Forwarded to the Commissioner of the New South Wales Fire
Brigade; and
(Reason: Fire safety)(2) Prominently displayed in the building.
:
(Reason: Health and safety)
All excavations must be kept free from the accumulation of water.
A copy of the Fire Safety Certificate and fire safety schedule shall be:-
A final Fire Safety Certificate shall be obtained in accordance with Part 9, Division 4 of the Environmental Planning and Assessment (Amendment) Regulation 2000, before a final occupation certificate can be issued for the building.
- (1) Forwarded to City of Canada Bay Council;
(2) Forwarded to the Commissioner of the New South Wales Fire
Brigade; and
(3) Prominently displayed in the building.
(Reason: Regulation of stormwater discharge)
On site Stormwater Detention storage shall be provided in conjunction with the stormwater disposal. This storage shall be designed in accordance with Council’s Stormwater Management Code requirements. Details of the storage shall be submitted to and approved by the prior to the release of a Construction Certificate .
:
(Reason: Health and safety)
All excavations must be kept free from the accumulation of water.
( Reason: Disabled access)
Plans and details of the disabled toilet complying with the provisions of AS1428.1-1993, must be submitted to Council or an Accredited Certifier prior to issue of a Construction Certificate .
(Reason: Statutory requirement and disabled access)
This approval does not necessarily guarantee compliance with the Disability Discrimination Act 1992, and the applicant/owner is therefore advised to investigate their liability under the Act. Your attention is drawn to AS1428 parts 2, 3, and 4 inclusive. This may be used as a comprehensive guide for disability access.
(Reason: Statutory requirement and disabled access)
Access for people with disabilities must be provided in accordance with the requirements of Part D3 of the Building Code of Australia. Prior to the issue of a Construction Certificate , the plans shall be amended to reflect the above.
(Reason : Disabled access)
Provision must be made for wheelchair access to the building on the site for disabled persons in accordance with AS 1428 Parts 1 to 4. Particular attention should be given to tactile ground surface indicators for the orientation of people with vision impairment.
(Reason: Protection of infrastructure and the environment)
Prior to issue of the Construction Certificate, the applicant must pay the damage deposit of $$20,000 to Council. The full amount shall be refunded upon completion of works provided there is no damage to Council’s property as a result of the works.
(Reason: Protection of infrastructure and the environment)
The applicant shall bear the cost of all restoration works to Council's property damaged during the course of this development. The applicant shall advise Council, in writing, of any existing damage to Council property before commencement of the development. Council may direct the applicant to provide a dilapidation survey of Council's assets prior to the issue of a Construction Certificate .
(Reason: Protection of infrastructure and the environment)
The cost of repairing any damage to Council property (including the footpath, verge, street trees, kerb, gutter or road) during the course of construction must be paid to Council. All repairs shall be carried out by Council at the applicant's expense. Repair of damage to Council's property by the applicant or his agent is prohibited unless approved by Council.
(Reason: Information)
The applicant must apply to Council's Citizen Services Centre and pay the respective ten day application fees and deposit, should a mini-skip type or larger builder’s waste container be required to be left on Council’s footpath, nature strip or roadway for the removal of any builder’s waste etc. These fees must be paid prior to the container’s placement. In the event of the container being removed within the ten day period, and the Council being notified, a pro-rata refund will be made. If the container is to remain at the site for longer than ten days, a further fee must be paid before the ten day period expires. No consultation is necessary if placing the container within the property to which this application is related. However, caution should be exercised in placing the bin to ensure no damage occurs to Council property.
(Reason: Protection of infrastructure and the environment)
The footpath must be protected against damage by means of close boarding with chamfered ends.
(Reason: Protection of infrastructure and the environment)
The adjoining or adjacent public area is not to be obstructed by any materials, vehicles, refuse skips or the like, under any circumstances.
Electricity connection to the building being direct from the Electricity main. If connection from the main is overhead, provision shall be made for possible future underground connection.
(Reason: Environmental amenity)A separate pole to carry overhead wires from the Energy Australia main is NOT to be erected on the premise.
(Reason: Information)
The approved plans must be submitted to Energy Australia in order to determine their requirements. Prior to the issue of a Construction Certificate , the applicant shall provide a letter from Energy Australia demonstrating compliance with any such requirements.
(Reason: Information)
Mail deliveries are to be in accordance with Australia Post Guidelines, as set out in the brochure titled “Requirements for the positioning and dimensions of mail boxes in new commercial and residential developments”. A copy of the brochure may be obtained from Australia Post. In general, a clearly marked mailbox (or group of mailboxes) shall be provided within 500mm of the footpath alignment.
(Reason: Further approvals)
A separate development application for any proposed signs which are either externally fitted or applied must be submitted for the approval of Council, prior to the erection or display of any such signs. This does not apply to signs which are classified as being ‘Exempt Development’.
- The demolition, construction, and ongoing waste management activities related to this development shall be undertaken in accordance with the relevant provisions of Council’s Comprehensive Development Control Plan (adopted September 1999). A copy of this document is available from Council’s Customer Service Centres during office hours.
The Comprehensive Development Control Plan requires submission of a detailed Waste Management Plan (WMP) for the proposed development and shall cover the reuse, recycling and disposal of waste on and off the site. Details relating to each stage of the development such as demolition (where applicable), construction, and the ongoing waste disposal from the occupied premises shall be included in the WMP. The WMP shall include the completion of all relevant forms within Appendix C of the Comprehensive Development Control Plan, and must identify the types of waste that will be generated and all proposals to re-use, recycle or dispose of the waste.
(Reason: Environmental protection)Submission of the completed WMP shall be undertaken prior to the issue of a Construction Certificate. Please consult with Council’s Waste Project Officer prior to submission of this document to ensure that all necessary details have been provided.
(Reason: Noise attenuation)
The applicant shall ensure that all activities within the premises comply with the relevant sections of the Protection of the Environment Operations Act 1997 and Regulations; the NSW Environment Protection Authority Industrial Noise Policy (2000) and the NSW Environment Protection Authority Environmental Noise Control Manual (1994).
Use and occupation of the premises shall be carried out at all times without nuisance and in particular so as not to breach the provisions of the Protection of the Environment Operations Act 1997 and Regulations.
(Reason: Environmental protection)
Noise & Vibration:
The construction of the development and preparation of the site, including operation of vehicles, must be conducted so as to avoid unreasonable noise or vibration and cause no interference to adjoining or nearby occupations. Special precautions must be taken to avoid nuisance in neighbouring residential areas, particularly from machinery, vehicles, warning sirens, public address systems and the like. In the event of a noise or vibration problem arising at any time, the person in charge of the premises must. when instructed by City of Canada Bay Council, cease work and carry out an acoustical survey and/or investigation by an appropriate acoustical engineer or consultant and submit the results to Council. If required by Council, the person in charge of the site must implement any or all of the recommendations of the consultant and any additional requirements of Council. Any requirements of Council in this regard must be complied with immediately.
(Reason: Noise attenuation)
Noise (Construction):
All construction work shall comply with the NSW EPA Environmental Noise Manual for the control of construction noise that specifies that:
• Construction period of 4 weeks and under - The L10 level
measured over a period of not less than 15 minutes when the
construction site is operating must not exceed the background level
by more than 20 dB(A).
• Construction period greater than 4 weeks and not exceeding 26
weeks – The L10 level measured over a period of not less than 15
minutes when the construction site is operating must not exceed the
background level by more than 10dB(A).
(Reason: Noise Attenuation)• Silencing – All possible steps should be taken to silence
construction site equipment.
:
(Reason: Health and safety)
All excavations must be kept free from the accumulation of water.
(Reason: Prescribed statutory control)
All building work must be carried out in accordance with the provisions of the Building Code of Australia. Note : Applicants who have lodged an objection and who have been granted exemption under clause 187(6) & 188(4) of the Environmental Planning and Assessment Regulation 2000, must comply with the Building Code of Australia in all other respects.
This Development Consent does not constitute approval to carry out construction work. Construction work may only commence upon the issue of a Construction Certificate and lodgement of Notice of Commencement
(Reason: Information)Please be informed that a Construction Certificate is not required for demolition.
The applicant must apply to Council or an Accredited Certifier for a Construction Certificate to carry out the relevant building works that are approved by this consent. The details to be included in the application for a Construction Certificate are:-
(a) Architectural plans and specifications complying with the Building
Code of Australia, 1996 (BCA 96), relevant Australian Standards,
and the development consent and conditions.
(b) If Council issues the Construction Certificate, you will have to
submit engineering details for all structural elements ie. piers,
footings, reinforced concrete slab, first floor joist layout, roof
trusses, steel beams etc. where relevant, for approval. The details
must be prepared by a practising consulting structural engineer.
Also a certificate from the engineer that the design fully complies
with appropriate SAA Codes and Standards and the Building Code
of Australia requirements is to be included.
Note: The engineer/s undertaking certification must be listed on the
National Professional Engineers Register under the appropriate
category.
(c) Geotechnical report for the site, prepared by a qualified
geotechnical engineer detailing the foundation conditions of the
site and solutions for consideration by a structural Engineer.
(d) Essential services plan outlining the existing and proposed fire
safety measures.
(e) Disabled access provision to common and public areas in
accordance with AS1428 parts 1 - 4 inclusive.
(f) If an alternative solution to the “deemed to satisfy” provisions of
BCA 96 is proposed, the details to be lodged are:-
Performance requirements that the alternative solution intends to meet.
Assessment methods used to determine compliance with the performance requirements, including if and how each performance objective impacts on other requirements of the BCA 96; and
*A statement about the person who prepared the alternate solution, indicating qualifications, experience, insurance details, and membership of an approved accreditation body.
(Reason: Statutory requirement)(The performance-based application may be required to be reviewed by a suitably qualified independent body at the applicant's expense. Fees relating to any review are required to be paid prior to the release of the Construction Certificate .)
No Occupation or use of the building ( or change of use where an existing building ) may commence until the PCA has issued an interim occupation certificate or final occupation certificate.
Prior to issuing an Occupation Certificate for occupation or use of the building the PCA is required to be satisfied, amongst other things, that:
- (a) All required inspections (including each applicable mandatory
critical stage inspection) have been carried out; and
(b) Any preconditions to the issue of the certificate required by a
development consent or complying development certificate have
been met.
(Reason: Statutory requirement)
_____________
G T Brown
Commissioner of the Court
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