Ghazi Elali v Campbelltown City Council

[2005] NSWLEC 15

Land and Environment Court

of New South Wales

CITATION:	Ghazi Elali v Campbelltown City Council [2005] NSWLEC 15
PARTIES:	APPLICANT: Ghazi Elali RESPONDENT: Campbelltown City Council
FILE NUMBER(S):	10818 of 2004
CORAM:	Watts C at 1
KEY ISSUES:	Development Application :- Heritage impact including landscaping bulk and materials - Overshadowing - Building bulk when viewed from Campbelltown Road.
LEGISLATION CITED:	Campbelltown Local Environmental Plan 2002, (CLEP) - Development Control Plan No 52 - Off Street Car Parking, (DCP52) - Development Control Plan No 83 - Heritage Policy, (DCP83) - Industrial Policy No 5.2.13 - Environmental Planning and Assessment Regulation 2000
CASES CITED:	Elali v Campbelltown City Council [2004] NSWLEC 554 Bignold J
DATES OF HEARING:	19/01/2004
EX TEMPORE JUDGMENT DATE:	01/19/2005
LEGAL REPRESENTATIVES:	APPLICANT: Mr J Johnson, barrister instructed by Mr B S Woolf SOLICITORS: Woolf and Associates RESPONDENT: Mr A J Seton, solicitor SOLICITORS: Marsdens Law Group

JUDGMENT:

Appeal No: 10818 of 2004

9

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Watts C

19 January 2005

10818 of 2004 - Ghazi Elali v Campbelltown City Council

JUDGMENT

1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Campbelltown City Council (the council) of a development application to erect serviced apartments and a convention centre at Lot 1 DP 620468, being No 183 Airds Road, Leumeah. The council has since formally refused the application.
2 His Honour Bignold J decided in respect of the matter of amended plans, on 30 September 2004 that the Court has power to grant the relief sought by the applicant under cl 55 of the Environmental Planning and Assessment Regulation 2000. [Note: Elali v Campbelltown City Council [2004] NSWLEC 554]. On 14 October 2004 the Court ordered, “…proceedings be advanced on the amended plans”. As a result amended plans and an amended statement of issues was filed in the Court on about 16 September 2004 and 16 December 2004 respectively.
3 I visited the land in company with the parties on the morning of the first day of the proceedings. On the site inspection two local representatives gave evidence. The council and the applicant now seek consent orders.
4 I have concluded that the application should succeed on the basis of the amended plans, in the light of support for the application by the Court-appointed experts and after consideration under s 79C of the Environmental Planning and Assessment Act 1979.

The land
5 The land is situated on the western side of Airds Road, and backs onto Campbelltown Road. It is a battle-axe block of 4,157m2 with vehicular access from Airds Road via a battle-axe handle. The developable portion of the land has a width of about 38m fronting Campbelltown Road, and a varied depth of around 103.27m on the north and 172.96m on the south. The land falls down to the east from RL 60m AHD at Campbelltown Road to RL 53m AHD at Airds Road and the topography of the area eventually slopes down to Bow Bowing Creek.
6 To the south of the land is a two-storey building of bagged unpainted masonry construction presently, variously used, with the Campbelltown Road section being used as a restaurant. As part of the development of that site two State-significant heritage listed items were incorporated, and these are “Hollylea House” and “Plough Inn”. To the north of the land is the Macarthur Inn, which is a two-storey brick and metal roofed motel building. This development has vehicular access off Grange Road to the north. The parapet of the Macarthur Inn is 65.85m AHD or about one floor lower than the amended parapet level on the proposal at 72m AHD. Adjoining to the northeast is an industrial building presently used for warehousing. Other nearby development is used predominantly for the industrial purposes and the nearest residential use is to the northwest about 100 metres distant across Campbelltown Road.

Relevant planning controls

Campbelltown Local Environmental Plan 2002, (CLEP)
7 Under the provisions of the CLEP the land is zoned Industrial 4(b) and the proposal is permissible with consent. Other instruments that apply include:

Development Control Plan No 52 – Off Street Car Parking, (DCP52)

Development Control Plan No 83 – Heritage Policy, (DCP83)

Development Control Plan No 95 – Waste Management Policy, (DCP95)

Industrial Policy No 5.2.13, (Industrial Policy)

The proposal and its history
8 Development application No F1336/2003 was lodged with the respondent council on 18 December 2003. The amended application, filed in the Court on about 14 September 2004, is to construct fifty-eight (58), (originally seventy-nine), serviced apartments and a conference facility with a basement car park for 138 car parking spaces.
9 The amended proposal is described in plans prepared by Blackwood Neal Architects as being a five-storey building (originally for eight-storeys), setback around 30m from Campbelltown Road in compliance with the Industrial Policy and the CLEP2002.
10 The proposal, as amended, would also comply with DCP52 and DCP95. The applicant considers the 30m-setback to Campbelltown Road would enable views of the State significant heritage buildings to be maintained over the proposed landscaping.
11 The amended application was referred to the Office of State Heritage and the NSW, (OSH) Police – Campbelltown Local Areas Command. The police suggested security conditions be applied to any consent. [Note: Exhibit 3, pp 64–5 original application]. The OSH considered the amended proposal would dominate and be a further intrusion into the curtilage of the heritage items. [Note: Exhibit 3, p 94-6 original application and p 199-200 amended application].

Notification
12 The amended application was notified to nearby owners and occupants and the council received two objections. Concerns were expressed about, [Note Exhibit p 210]:
· Bulk, mass and scale;
· Building materials and finishes not being sympathetic with adjoining buildings;
· Overshadowing and
· Precedent for other forms of inappropriate development.

The council’s decision
13 The application was considered at an Ordinary Council Meeting on 28 September 2004 and was refused consent. The Planning and Environment Committee of the Council considered a s 82A review of the earlier decision and recommended at its meeting of 7 December 2004 that the application be refused. At the Council Meeting of 14 December 2004 the reviewing officer’s recommendation for approval was rejected, and the Planning and Environment Committee recommendation for refusal was adopted, [Note: Exhibit 4 Annexure D Minute No 310].
14 The planning officer of the council recommended deferred commencement consent of the amended application and stated:

The amended scheme has been assessed against Council’s planning instruments and is considered to be consistent with Council’s requirements and future desired character of the locality.

15 When the appeal was filed the council had not yet determined the application and hence it is a deemed refusal.

The hearing
16 The appeal was filed on 20 July 2004.
17 Mr B Edgar, of Graham Brook’s office was the Court-appointed heritage consultant, and Mr S McMahon, was the Court-appointed town planner.
18 Ms M Canal, town planner prepared the statement of basic facts on which this judgment was based.
19 On the site inspection evidence was given by:
· Mrs J Goodfellow, on half of the Campbelltown and Airds Historical Society Inc; and
· Mr C Barry, owner of the Macarthur Inn.

The issues
20 On 16 December 2004 the council filed an amended statement of issues, [Note: Exhibit 6]:
1. The proposed development is unacceptable in that it is inconsistent with the objectives of the zone 4(b) – Industry B Zone, in particular the objective in clause 13(2)(a) and (b) of CLEP2002.

Particulars
(a) The proposed development would not contribute to the economic growth in the city of Campbelltown, and is a development that is not considered to be economically feasible. In that regard, the proposal is inconsistent with the objective in clause 13(2)(a).
(b) The proposed development does not relate sympathetically to the nearby and adjoining State significant heritage items, and in that regard is inconsistent with the objective in clause 13(2)(b).
2. Whether approval of the proposed development would be unacceptable, in that it will set an undesirable precedent for similar inappropriate development in the area, which will have on unacceptable cumulative impact on future development within the area surrounding the land subject of these proceedings.
3. The proposed development is unacceptable in that it is inconsistent with the design principles and elements in Part 3 of the Campbelltown Development Control Plan No 83-Heritage Policy.
Particulars
a. The proposed development does not use recessive/neutral elements, and in that regard fails to retain and then hands the significance of the heritage items known as “Hollylea House” (“Hollylea House”) and "Plough Inn" (“Plough Inn”) that are located adjacent to the subject site.
b. The proposal fails to recognise and interpreted the existing architectural and landscaped elements in a modern way, in particular in terms of building shape and form, and style and design.
c. The proposed development is of a much larger scale and proportion to the existing heritage items, and in that regard will have a detrimental impact on the views from the heritage items and the streetscape.
d. The proposal does not take into account the elements of symmetry in terms of the heritage items, in particular the balance/ placement of windows, doors, rooms, and pitch and gable of roofs.
e. The proposed use of building materials, details and colours is not consistent with the existing heritage items.
f. The proposed development is no immunity with the existing heritage items and in that regard there was no transition or blending between the proposed and existing (heritage) buildings.
4. The proposed development is unacceptable in that it will have an adverse impact upon the heritage items “Hollylea House” and “Plough Inn”.
Particulars
(a) The proposed development does not complement, and is not sympathetic with, the adjacent heritage items in terms of external finishers, colours, textures and materials to be used as part of the proposal.
5. The proposed development is unacceptable in terms of the adverse impact upon the existing amenity of the locality.
Particulars
(b) The proposed development is excessive in terms of mass, scale and urban design and is considered to be an overdevelopment of the site. In that regard, it will have an adverse impact upon the amenity of the locality and on the existing streetscape.
(c) The proposed development does not achieve a high quality of urban design that is compatible with the surrounding locality, and in that regard will have an adverse impact upon the amenity of the locality and the existing streetscape.
6. The proposed development is not in the public interest, having regard to the significant number of objections received. 21 The salient issues related to:
· Heritage impact, including landscaping, bulk and materials
· Overshadowing; and
· Building bulk when viewed from Campbelltown Road.

The evidence and findings

Heritage impact, including landscaping, bulk and materials
22 Mrs Goodfellow questioned the style and finish of the proposed building and was concerned that it would not complement the style and finish of the buildings to the south including the heritage items.
23 By reference to the materials textures and finishes board in Exhibit D, Mr Neal explained that he had attempted to blend in with those buildings to the south.
24 Mr Edgar had examined this question and was satisfied that the proposal as amended would complement the heritage buildings being “Hollylea House” and “Plough Inn”. The SHO stated in its letter dated 23 November 2004, concerning the amended proposal, that a contemporary design would be appropriate, however, further consideration should be given to reduce the bulk, scale, massing and height, [Note: Exhibit 3 p 200]. There was no objection raised by Mr McMahon in this regard.
25 I am satisfied, having carefully considered the siting of the proposal and its relationship to adjoining buildings and Campbelltown Road, and having regard to the materials textures and finishes board and the proposed landscaping in Exhibit C, that the proposal would be acceptable and I would not refuse the application for this reason.
26 The roof of the basement car parking is proposed to be landscaped within the proposed 30m-setback. Mr Neal gave evidence that the car park roof would be able to support trees maturing to a height of around 6m in the proposed 1.8m depth of soil. Subsequently he explained that this depth of soil would be possible in pockets formed in the car park roof. I am satisfied that with the 30m-setback and the side setbacks landscaped in a manner proposed the building bulk would be visually softened. Mrs Goodfellow considered this to be a reasonable compromise, however, she commented that the palm trees would be out of place. Mr Edgar supported Mrs Goodfellow view in this regard, and Mr Neal agreed to investigate other trees in their place. I would not refuse the application for reason of inappropriate landscaping on the basis that further consideration is given to replacing the proposed palms.

Overshadowing
27 Mrs Goodfellow was also concerned for the overshadowing of the “Plough Inn” and on the site inspection, Mr Neal, the architect, by reference to the shadow diagrams, confirmed that at 9.00am in midwinter, only part of the northern sidewall of that building would be in shade. By 10.00am he added that the wall would no longer be in shade. As a consequence, I am satisfied that overshadowing would be minimal and would not be a reason for refusal of the application.
28 In coming to this conclusion on the shadow impact, I have taken into account the views of Mr Edgar that in fact overshadowing of this heritage building would “…be almost negligible”.

Building bulk when viewed from Campbelltown Road
29 Mr Barry expressed concern for the bulk of the proposal when viewed from Campbelltown Road having regard for the height of his building on adjoining land. The proposal, which would present as four-storeys in height to Campbelltown Road, would be around one storey higher than the highest parapet of his building. The proposal would appear much higher than this, given that the parapet of Mr Barry’s building is setback further from Campbelltown Road than the front of the proposal. However, there is no height control applicable to the development of the subject land that would require the building to be lowered. The amended proposal was reduced in height by three storeys following receipt by the applicant of the council’s issues in the case, and the council officers supported the amendments to the height. Also Messrs McMahon and Edgar supported the proposal as amended in height to overall five storeys.
30 With the proposed landscaping in place, taking into account the topography, the materials used to complement the nearby heritage buildings and the contemporary form accepted, I am satisfied that this would not be a reason to refuse the application.
31 For the above reasons, the appeal is upheld by consent.

Conditions
32 The conditions are those in Exhibit 8 as amended during the hearing.

Consent orders
33 The consent orders are:
1. The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.

2. Development application No F/1336/2003 originally lodged with the respondent council on 18 December 2003 and as amended on 14 September 2004, to construct fifty-eight (58), serviced apartments and a conference facility with a basement car park for 138 car parking spaces at Lot 1 DP 620468, being No 183 Airds Road, Leumeah is approved, subject to Conditions 1 to 56 in Annexure “A”.

3. The exhibits are retained. Selected exhibits will be returned later.

4. The parties have agreed to each pay their own costs.

S J Watts
Commissioner of the Court
sw

Conditions of development consent

Annexure A

Ghazi Elali v Campbelltown City Council

GENERAL CONDITIONS

The following conditions have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the planning instrument affecting the land.

For the purpose of these conditions, the term ‘applicant’ means any person who has the authority to act on the development consent.

1. Approved Development

The development shall take place in accordance with the following development plans and all documentation submitted with the development application, except as modified in red by Council and/or any conditions of this consent:
1. Site Plan (prepared by Blackwood Neal Architects)
DA/01 Issue D, dated 14.9.04;
2. Site Elevations (prepared by Blackwood Neal Architects)
DA/03 Issue C, dated 14.9.04;
3. Basement Floor Plan (prepared by Blackwood Neal Architects)
DA/04 Issue D, dated 14.9.04;
4. Ground Floor Plan (prepared by Blackwood Neal Architects)
DA/05 Issue D, dated 14.9.04;
5. First Floor PlanDA/06 (prepared by Blackwood Neal Architects)
Issue D dated, 14.9.04;
6. Typical Floor Plan (prepared by Blackwood Neal Architects)
DA/07 Issue D, dated 14.9.04;
7. Penthouse Level/4th Floor Plan (prepared by Blackwood Neal Architects)
DA/08 Issue D, dated 14.9.04;
8. Northern Elevation (prepared by Blackwood Neal Architects)
DA/10 Issue D, dated 14.9.04;
9. Eastern/Western Elevation (prepared by Blackwood Neal Architects)
DA/11 Issue D, dated 14.9.04;
10. Southern Elevation (prepared by Blackwood Neal Architects)
DA/12 Issue D, dated 14.9.04;
11. Section A-A (prepared by Blackwood Neal Architects)
DA/13 Issue D, dated 14.9.04;
12. Section B-B, C-C (prepared by Blackwood Neal Architects)
DA/14 Issue D, dated 14.9.04;

13. Landscape Plan (prepared by Stevens Landscape Architects)
Drawing L01 Issue B, dated 12/2003 as amended in red on 19 January 2005.

1A. External finishes

The external finishes shall be in accordance with the schedule of finishes within plan reference No Job No 0357 Samples Issue 1, dated 15 January 2005, being Exhibit D, in these proceedings, and list of materials and finishes labelled “Building External Finishes Schedule”, dated 16 January 2005 by Blackwood Neal Architects being Exhibit E.

Any proposed alterations to these finishes are considered to be a modification to the development consent and require separate approval of the council.

2. Building Code of Australia

All building work must be carried out in accordance with the provisions of the Building Code of Australia . In this clause, a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

3. Landscaping

Landscaping shall be provided and maintained in accordance with the landscape plan reference “Landscape Plan (prepared by Stevens Landscape Architects) Drawing L01, Issue B, dated 12/2003, including the engagement of a suitably qualified landscape consultant/ contractor for landscaping works subject to the amendments in red and the following:


(a) The landscape design shall incorporate a significant portion of native, low water demand plants;
(b) Advanced tree species are to be planted along the southern boundary to minimise any impact on the adjoining property;
(c) Natural ground level is to be maintained at all property boundaries within the 30-setback and along the southwestern boundary to the start of the battle-axe handle driveway; and
(d) Landscaping along the battle-axe handle of the lot is to be provided so that it screens views to adjoining buildings to upgrade the appearance of the entrance to the land.

4. Garbage Room

The garbage storage room identified on the approved plans shall consist of the following:


a. Be fully enclosed and shall be provided with a concrete floor, with concrete or cement rendered walls coved to the floor.
b. The floor shall be graded to an approved sewer connection incorporating a sump and galvanised grate cover or basket.
c. A hose cock shall be provided within the room.
d. Garbage rooms shall be vented to the external air by natural or artificial means.
e. Have restricted access via a security access device.

5. Fencing


No fencing shall be erected within the 30-metre setback to Campbelltown Road. Any security or other fencing behind the 30-metre setback to Campbelltown Road or the boundary to the heritage-listed property that can be seen from a public space shall be an open-style palisade fence constructed using recessive, dark colours.

The applicant shall plant suitable ‘low hedge-style’ landscaping along each property boundary within the 30-metre setback to Campbelltown Road to define and enhance those property boundaries.

6. Driveway

The gradients of driveways and manoeuvring areas shall be in accordance with Australian Standard AS 2890.2 (as amended).
Driveways are to be constructed using decorative paving materials such as exposed aggregate or pattern stencilled concrete, or paving bricks. The finishes of the paving surfaces are to be non-slip. Plain concrete is not acceptable.
All driveways in excess of 20 metres in length shall be separated from the landscaped areas by the construction of a minimum 150mm high kerb.

7. Advertising Signs – Separate DA Required

This consent does not permit the erection or display of any advertising signs. Most advertising signs or structures require development consent. You should make separate enquiries with Council prior to erecting or displaying any advertising or signage.

8. Lighting

Illumination of the site is to be arranged to provide an appropriate level of lighting and in accordance with the requirements of Australian Standard 4282 (as amended) so as not to impact upon the amenity of the occupants of adjoining and nearby residential premises or traffic.

9. Storage of Goods

All works, storage and display of goods shall be contained wholly within the building.

10. Graffiti

The owner/lessee of the building shall be responsible for the removal of any graffiti from the building within 48 hours of the graffiti appearing.

11. Motels

The operation of the premises shall be carried out in accordance with the following requirements:

a. The installation of CCTV surveillance cameras in and around the premises, placed in strategic places such as the external entrance and exit doors. The surveillance tapes shall be kept for a minimum period of 14 days for viewing by the Police upon request.
b. Footpath lighting shall be provided along pathways and entrances of the site and building. The location, design and illumination of such lighting shall ensure pedestrian safety and shall be at a minimum level of 10 lux in the horizontal and vertical plane.
c. The management/licensee shall ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise, loitering and litter generated by patrons of the premises and shall ensure that people leave the premises and area in an orderly manner. If so directed by the Police or Council, the management is to employ private security staff to ensure that this condition is complied with to the satisfaction of Council.
d. Signs shall be placed in clearly visible positions within the motel requesting patrons upon leaving the premises to do so quickly and quietly, having regard to maintaining the amenity of the area.
e. No Public Entertainment, as defined under Local Government Act, 1993 is to be provided within the premises unless separately approved by a development application under the Environmental Planning and Assessment Act, 1979 and an application under Section 68 of the Local Government Act, 1993 .
f. The hours of operation of the convention centre shall be limited to the hours between 7.30am and 12midnight daily except for outdoor activities, which shall be limited to the hours between 7.30am and 10pm daily. The LA10 noise level emitted from activities associated with the operation of the convention centre shall not exceed the background noise level by more than 5dB when measured at any point on an adjoining premises that is not less than 1 metre from the boundary of the subject premises. Details of all noise amelioration measures shall be submitted to the accredited certifier for approval prior to the issue of a construction certificate. All noise amelioration measures shall be installed to the satisfaction of the principal certifying authority prior to the issue of an occupation certificate.

12. Safer by Design

The building shall incorporate the following crime minimisation features:


- Portholes are to be provided in non-load bearing walls in the basement car park to allow for open sight lines and surveillance.
- The door to the mechanical exhaust room shall be fitted with a secure locking device.
- All external walls and walls within the basement car park shall be treated with anti-graffiti resistant coating.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of a construction certificate by either Campbelltown City Council or an accredited certifier. All necessary information to comply with the following conditions of consent must be submitted with the application for a construction certificate.

13. Water/Electricity Utility Services

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit written evidence of the following service provider requirements:


a. Sydney Water – The submission of a ‘ Notice of Requirements ’ under Section 73 of the Water Board (Corporatisation) Act 1994 .

b. Integral Energy – A letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development.

14. Waste Management Plan

Prior to Council or an accredited certifier issuing a construction certificate, the relevant provisions of Council’s Waste Management Plan is to be completed to the satisfaction of Council.

15. Geotechnical Report

Prior to Council or an accredited certifier issuing a construction certificate, a geotechnical report prepared by a NATA registered lab shall be submitted, which indicates that the land will not be subject to subsidence, slip, slope failure or erosion.
16. Soil and Water Management Plan

Prior to Council or an accredited certifier issuing a construction certificate, a detailed soil and water management plan shall be submitted for approval.

17. Landscaping Bond


Prior to Council or an accredited certifier issuing a construction certificate, a bond or bank guarantee for the sum of $10,000.00 is to be lodged with Council to ensure the effective establishment and maintenance of landscaping on site.

Twelve months after the issue of the occupation certificate, and the satisfactory completion and maintenance of landscaping, the applicant is responsible for applying to Council for the return of the bond or guarantee.

Should no request be made to Council for the return of the bond six years after the issue of the occupation certificate, the applicant is advised that Council will surrender the bond to the Office of State Revenue .

18. Waste Management – Private Collection

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit to Council details of the collection and disposal of internal waste generated by the occupants to be arranged through a licensed authorised contractor.

19. Stormwater Details

Prior to Council or an accredited certifier issuing a construction certificate, a plan indicating all engineering details and calculations relevant to site regrading and the collection and disposal of stormwater from the site, building/s and adjacent catchment, shall be submitted for approval. Floor levels of all buildings shall be above finished site levels and stormwater shall be conveyed from the site to the nearest drainage system under Council’s control. All proposals shall comply with Council's Engineering Design Guide for Development (as amended) .

20. Dilapidation Report

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall submit a dilapidation report for all buildings on lands that adjoin the subject works.

21. Work on Public Land

Prior to Council or an accredited certifier issuing a construction certificate, the applicant shall obtain written consent from Council for any proposed work on public land. All inspections, approval and restoration of work shall be undertaken by Council at the applicants expense prior to the principal certifying authority issuing and occupation certificate.

22. Basement Car Parking

Prior to Council or an accredited certifier issuing a construction certificate, the applicant's consultant shall ensure that the basement car parking layout, ramps and aisle widths comply with Australian Standards 2890 (as amended).

23. Archaeological assessment

An archaeological assessment conducted by a qualified archaeologist shall be submitted to the Council for approval prior to the issue of a construction certificate.


PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. These conditions are to be complied with prior to the commencement of any works on site.

24. Erosion and Sediment Control

Prior to the commencement of any works on the land, erosion and sediment control measures shall be fully installed/implemented.

25. Erection of Construction Sign

Prior to the commencement of any works on the land, a sign/s must be erected in a prominent position on the site:

a. Showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours;
b. Stating that unauthorised entry to the work site is prohibited;
c. Pollution warning sign promoting the protection of waterways (issued by Council with the development consent);
d. Stating the approved construction hours in which all works can occur; and
e. Showing the name, address and telephone number of the principal certifying authority for the work.

Any such sign/s is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

26. Toilet on Construction Site

Prior to the commencement of any works on the land, toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part thereof. Each toilet provided must be a standard flushing toilet and be connected to:


a. A public sewer, or
b. If connection to a public sewer is not practicable, to an accredited sewage management facility approved by Council, or
c. If connection to a public sewer or an accredited sewage management facility is not practicable, to some other management facility approved by Council.

27. Trade Waste

Prior to the commencement of any works on the land, a trade waste facility shall be provided on-site to store all waste pending disposal. The facility shall be screened, regularly cleaned and accessible to collection vehicles.

28. Vehicular Access during Construction

Prior to the commencement of any works on the land, a single vehicle/plant access to the site shall be provided to minimise ground disturbance and prevent the transportation of soil onto any public place. Single sized 40mm or larger aggregate placed 150mm deep, and extending from the street, kerb/road to the site shall be provided as a minimum requirement.

29. Public Property

Prior to the commencement of any works on site, the applicant shall advise Council of any damage to property controlled by Council which adjoins the site including kerbs, gutters, footpaths, walkways, reserves and the like. Failure to identify existing damage will result in all damage detected after completion of the building work being prepared at the applicant’s expense.

30. Demolition Works

Demolition works shall be carried out in accordance with the following:

a. Prior to the commencement of any works on the land, a detailed demolition work plan designed in accordance with Clause 1.7.3 of Australian Standard AS 2601-2001 – The Demolition of Structures, prepared by a suitably qualified person with suitable expertise or experience, shall be submitted to and approved by Council and shall include the identification of any hazardous materials, method of demolition, precautions to be employed to minimise any dust nuisance and the disposal methods for hazardous materials.
b. Prior to commencement of any works on the land, the demolition Contractor(s) licence details must be provided to Council.
c. The handling or removal of any asbestos product from the building/site must be carried out in accordance with Work Cover provisions. A person/contractor licensed for asbestos removal must carry out all work.
d. An appropriate fence preventing public access to the site shall be erected for the duration of demolition works.

31. Hoarding/Fence


Prior to the commencement of any works, a hoarding or fence must be erected between the work site and a public place if the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or if the building involves the enclosure of a public place in accordance with Work Cover requirements.

The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

32. Sydney Water

The approved development plans shall be submitted to Sydney Water to determine whether the development will affect Sydney Water sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water's requirements, the plans will be stamped identifying that no further works are necessary.

33. Geotechnical Reference

Prior to the commencement of any works, a certificate prepared by the designing structural engineer certifying that the design is in accordance with the geotechnical investigation to the site. The designing structural engineer shall also nominate a site classification note AS2870 - Residential Slabs and Footings.

34. Structural Engineering Details

Prior to the commencement of any works, the submission to the principal certifying authority of all details prepared by a practicing structural engineering.

DEVELOPMENT REQUIREMENTS DURING CONSTRUCTION

The following conditions of consent have been imposed to ensure that the administration and amenities relating to the proposed development comply with all relevant requirements. These conditions are to be complied with during the construction of the development on site.

35. Construction Work Hours

All work on site shall only occur between the following hours:
Monday to Friday 7.00am to 6.00pm
Saturday 8.00am to 1.00pm
Sunday and public holidays No Work.

36. Erosion and Sediment Control

Erosion and sediment control measures shall be provided and maintained throughout the construction period in accordance with the requirements of the manual – Soils and Construction (2004) (Bluebook), the approved plans, Council specifications and to the satisfaction of the principal certifying authority. The erosion and sedimentation control devices shall remain in place until the site has been stabilised and revegetated.

Note: On the spot penalties up to $1,500 will be issued for any non-compliance with this requirement without any further notification or warning.

37. Work Zones


All loading, unloading and other activities undertaken during construction shall be accommodated on the development site.

Where it is not practical to load, unload or undertake specific activities on the site during construction, the provision of a ‘Work Zone’ external to the site may be approved by Council following an application being submitted to Council’s Traffic Sub-Committee outlining the proposal for the work zone. The application must be made prior to the commencement of any works and is to include a suitable ‘Traffic/Pedestrian Management and Control Plan’ for the area of the work zone that will be affected. All costs of approved traffic/pedestrian control measures shall be borne by the applicant.

38. Protection of Existing Trees


During construction, no trees are to be cut down, lopped, destroyed or removed without the separate written approval of Council unless those trees are within three (3) metres of the footprint of a building that has been approved by Council.

All trees that are to be retained are to be protected by fencing, firmly staked within the drip line/ canopy of the tree and maintained during the duration of the works. The area within the fencing must not be used for stockpiling of any material, nor for vehicle or pedestrian convenience.

All useable trees and shrubs shall be salvaged for re-use, either in log form, or as woodchip mulch for erosion control or garden beds or site rehabilitation. Non-salvable materials such as roots and stumps shall be disposed of to a waste management centre or other approved form.

39. Excavation and Backfilling


All excavations and backfilling associated with the approved works must be executed safely and in accordance with appropriate professional standards. All excavations must be properly guarded and protected to prevent them from being dangerous to life or property.

If an excavation associated with the approved works 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:

a. Must preserve and protect the building from damage; and
b. If necessary, must underpin and support the building in an approved manner, and
c. Must, at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

40. Dust Nuisance

Measures shall be implemented to minimise wind erosion and dust nuisance in accordance with the requirements of the manual – ‘Soils and Construction (2004) (Bluebook) . Construction areas shall be treated/regularly watered to the satisfaction of the principal certifying authority.

41. Certification of Location of Building During Construction

Prior to the positioning of wall panels/bricks or block work, the submission to the principle certifying authority of a registered surveyor's certificate showing the boundaries of the allotment, distances of walls and footings from the boundaries, and the dimensions of the building.

42. Certification of Location of Building upon Completion

Upon completion of the building, the submission to the principle certifying authority of a registered surveyor's certificate showing the boundaries of the allotment, distances of walls and footings from the boundaries.

43. Termite Control

The building shall be protected for subterranean termites in accordance with Australian Standard 3660.1 . Certification of the treatment shall be submitted to the principal certifying authority prior to the issue of an occupation certificate.

44. Excess Material

All excess material is to be removed from the site. The spreading of excess material or stockpiling on site will not be permitted without prior written consent from Council.

45. Public Safety

Any works undertaken in a public place are to be maintained in a safe condition at all times. In this regard, the applicant shall ensure that a safe fully signposted passage minimum 1.2 metres wide, separated from the works and moving vehicles by suitable barriers and lights, is maintained for pedestrians at all times and that traffic control is undertaken and maintained strictly in accordance with AS 1742.3 (1996) , the requirements set out in the RTA manual "Traffic Control at Work Sites" (as amended) , all applicable Traffic Management and Control Plans and that any Work Cover Authority requirements are met. Council may at any time and without prior notification make safe any such works Council considers to be unsafe, and recover all reasonable costs incurred from the applicant.

46. Compliance With Council Specification

All design and construction work, lots and roads created shall be in accordance with Council's requirements as follows:

a. Council's specification for Construction of Subdivisional Road and Drainage Works (as amended);
b. Engineering Design Guide for Development (as amended);
c. ‘Soils and Construction (2004) (Bluebook); and
d. Relevant Australian standards and State Government publications.

The applicant shall provide water conduits, common drainage lines or kerb outlets, and laybacks as required.

47. Footpath

The footpath adjoining the subject land shall be regraded, topsoiled and turfed in accordance with levels to be obtained from Council. The footpath formation may need to be extended beyond the boundary to provide an acceptable transition to existing footpath levels.

48. Industrial / Commercial Driveway and Layback Crossing


The applicant shall provide a reinforced concrete driveway and layback crossing/s to Council's Industrial/Commercial Vehicle Crossing Specification and Engineering Design Guide for Development (as amended) .

A separate application for this work, which will be subject to a crossing inspection fee, fixing of levels and inspections by Council, must be lodged with Council. Conduits must be provided to service authority requirements.

49. Associated Works

The applicant shall undertake any works external to the development made necessary by the development, including additional road and drainage works or any civil works required as directed by Council to make a smooth junction with existing work.

50. Redundant Laybacks

All redundant layback/s shall be reinstated to conventional kerb and gutter to Council's Specification for Construction of Subdivisional Road and Drainage Works (as amended) and Engineering Design Guide for Development (as amended).

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the issue of an occupation certificate by either Campbelltown City Council or an accredited principal certifying authority. All necessary information to comply with the following conditions of consent must be submitted with the application for an occupation certificate.

51. Section 73 Certificate

Prior to the issue of an occupation certificate, the submission to the principal certifying authority of a Section 73 certificate issued by Sydney Water .

52. Structural Engineering Certificate

Prior to the issue of an occupation certificate, the submission to the principal certifying authority of a certificate from a practising structural engineer certifying that the building has been erected in compliance with the approved structural drawings and relevant SAA Codes and is structurally adequate.

53. Completion of External Works

Prior to the issue of an occupation certificate, all external works, repairs and renovations detailed in the schedule of treatment/finishes, landscaping, driveways, fencing and retaining walls to be completed to the satisfaction of the consent authority.

54. Restoration of Public Roads

Prior to the principal certifying authority issuing an occupation certificate, the restoration of public road and associated works required as a result of the development shall be carried out by Council and all costs shall be paid by the applicant.

55. Public Utilities

Prior to the principal certifying authority issuing an occupation certificate, adjustments to public utilities required as a result of the development shall be completed at the sole cost of the applicant.

56. Termite Protection

Prior to the principal certifying authority issuing an occupation certificate, certification from a licensed pest controller shall be submitted certifying that the termite treatment has been installed in accordance with AS3660.1.

S J Watts
Commissioner of the Court

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000, other relevant Council Policy/s and other relevant requirements. This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

Advice 1 Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires you to:

a. Obtain a construction certificate prior to the commencement of any works. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 4645 4608.
b. Nominate a principal certifying authority and notify Council of that appointment prior to the commencement of any works.
c. Give Council at least two days notice prior to the commencement of any works.
d. Have mandatory inspections of nominated stages of the construction inspected.
e. Obtain an occupation certificate before occupying any building or commencing the use of the land.

Advice 2 Disability Discrimination Act

Your attention is drawn to the existence of the Disability Discrimination Act . A construction certificate is required to be obtained for the proposed building/s, which will provide consideration under the Building Code of Australia , however, the development may not comply with the requirements of the Disability Discrimination Act . This is the sole responsibility of the owner, builder and applicant.

Advice 3 Buried Waste

Should buried materials/wastes or the like be uncovered during the excavation of footings or trenches on site works, Council is to be contacted immediately for advice on the treatment/removal methods required to be implemented.

Advice 4 Covenants

The land upon which the subject building is to be constructed may be affected by restrictive covenants. Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this permit. Persons to whom this permit is issued must rely on their own enquiries as to whether or not the building breaches any such covenant.

Advice 5 Inspections – Civil Works

The following stages of construction shall be inspected and approved prior to proceeding to the subsequent stages of construction:

a. EROSION AND SEDIMENT CONTROL –

· After installation and prior to commencement of construction.
· As necessary until completion of work.

b. STORMWATER PIPES – Laid, jointed and prior to backfill.

c. VEHICLE CROSSINGS AND LAYBACKS – Prior to pouring concrete.

d. FINAL INSPECTION

Advice 6 Inspection Within Public Areas

All works within public areas are required to be inspected at all stages of construction and approved by Council prior to the principal certifying authority releasing the Occupation Certificate.

Advice 7 Adjustment to Public Utilities

Adjustment to any public utilities necessitated by the development is required to be completed prior to the occupation of the premises and in accordance with the requirements of the relevant Authority. Any costs associated with these adjustments are to be borne by the applicant.

Advice 8 Salinity

Please note that Campbelltown is an area of known salinity potential. As such any salinity issues should be addressed as part of the construction certificate application. Further information regarding salinity management is available within Council's Engineering Design Guidelines for Development (as amended).
End of Conditions