Graham v Mosman Municipal Council
[2005] NSWLEC 147
•04/05/2005
Land and Environment Court
of New South Wales
CITATION: Graham v Mosman Municipal Council [2005] NSWLEC 147
PARTIES: APPLICANT
John Richard Graham trading as John Graham & AssociatesRESPONDENT
Mosman Municipal CouncilFILE NUMBER(S): 11124 of 2004
CORAM: Nott C
KEY ISSUES: Development Application :- Multiple-dwelling development comprising 3 dwellings - council agrees to grant development consent - consideration of planning controls and amenity of neighbours
DATES OF HEARING: 05/04/2005 EX TEMPORE JUDGMENT DATE: 04/05/2005
LEGAL REPRESENTATIVES: APPLICANT
Mr G Newport, barrister
Instructed by
Smyth PlanningRESPONDENT
Ms J Walsh, solicitor
SOLICITORS
Pike Pike & Fenwick
JUDGMENT:
IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
Nott C
5 April 2005
JUDGMENT11124 of 2004 John Richard Graham trading as John Graham & Associates v Mosman Municipal Council
1. This is an appeal against the council’s refusal of a development application to erect a multiple dwelling development at 10 Parriwi Road, Mosman.
2. The parties have requested the Court to make orders by consent granting development consent subject to conditions.
3. I accept the facts set out in the Statement of Basic Facts prepared by Mr C McFadzean, manager development services.
4. I also accept the recommendations of the Court-appointed expert Mr M Robinson, who is an architect, town planner and heritage specialist, for the reasons given in his report.
5. I inspected the subject land and the adjoining properties at Nos. 8 and 12 and have taken into account the objections from the neighbours.
6. I note that in respect of an earlier version of the plans, issue E, the Council’s Development Assessment Committee had recommended the granting of development consent. Mr Robinson’s report deals with amended plans which are an improvement on issue E.
7. Accordingly, the orders of the Court are by consent that:
1. The appeal is upheld.
2. Development consent is granted for demolition of an existing dwelling, garage and carport and the erection of a multiple dwelling development consisting three dwellings and basement car parking at 10 Parriwi Road, Mosman, subject to the conditions in annexure A.
3. The exhibits other than exhibits 1, 2, 3 and B, may be returned.
- _____________
A J Nott
Commissioner of the Court
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Annexure A
Conditions of Development Consent
John Richard Graham trading as John Graham & Associates v Mosman Municipal Council
Approved Plans and Documentation
1. The development must be carried out in accordance with the following stamped approved plans and documentation, except where amended by later conditions of consent:
Plan Nos. Date of plan Prepared by A01G, A02J, A03G, A04G & A05J 14 November 2004 John Graham & Associates (EXH 1) LCD 01A 1 February 2005 Context (EXH 2)
2. Two copies of architectural and Structural Engineer’s plans must be submitted with the Construction Certificate application. The structural engineering plans must be signed by a qualified practicing Structural Engineer with corporate membership of the Institute of Engineers Australia or who is eligible to become a corporate member and has appropriate experience and competence in the related field.
- The plans are to incorporate and note any changes from the approved development application plans as required by conditions of this consent.
For applications involving alterations and additions, one set of plans should be coloured which indicate the extent of new works.
Amendments to Plans – Privacy
Windows on Southern Elevation
3. To ensure reasonable privacy for the adjoining property, 8 Parriwi Road, the plans shall be amended to indicate that all windows on the southern elevation shall comprise translucent glazing.
The windows shall be double hung and the lower panel shall be fixed. The upper panel shall be restricted to open no greater than 300mm at the top.
Privacy screen to 12 Parriwi Road
3A. To ensure reasonable privacy between 12 Parriwi Road and the subject site, the obscure glass screen proposed to be added to the existing wall on the common boundary with 12 Parriwi Road shall finish 1.8 metres above the level of the existing elevated access walkway within 12 Parriwi Road.
Dilapidation Report – Council Assets
4. To assist with an assessment of claims for the refund of the security deposit over Council’s property, a dilapidation report must be submitted. The report must document and provide photographs that clearly depict any existing damage to the road, kerb, gutter, footpath, driveways, street trees, street signs or any other Council assets in the vicinity of the development. Any damage not shown in this manner will be assumed to have been caused as a result of the site works undertaken and must either be rectified at the applicant’s expense or compensated by deduction from the security deposit.
Dilapidation Report – Private Assets
5. The applicant shall supply Council and the Owners Corporations of 8 and 12 Parriwi Road with a dilapidation report for the adjoining properties at 8 and 12 Parriwi Road and 153-157 Spit Road which documents and photographs the condition of buildings and improvements (including paving, wall adjoining boundary, elevated walkway and supporting structure) on those properties. The report will be held by Council and will be made available in any private dispute between the neighbours regarding damage arising from site and construction works.
Excavation, Backfilling and Support for Neighbouring Buildings
6. Excavation works shall not commence prior to the issue of the Construction Certificate or the issue of any relevant notices to adjoining owners, the Principal Certifying Authority or Council as required by other conditions of this consent.
Excavation adjacent to 12 Parriwi Road
7A. Excavation work shall be supervised by a qualified geotechnical engineer (“the geotechnical engineer”).
7B. At least 14 days prior to the commencement of excavation the applicant (or person carrying out the development) shall notify in writing the Council and the Owners Corporation of 12 Parriwi Road, Mosman of the following:
(i) The date that excavation is to commence;
(ii) The name, address and contact phone number of the geotechnical engineer referred to in Condition 7A and the responsible person carrying out the excavation.
7C. Excavation is to be carried out in accordance with the following:
· Saw cutting is to be carried out along the edges of the basement excavation in 1m to 1.5m deep cuts.
· Excavation of rock within the basement is to be carried out using a hydraulic excavator equipped with a maximum 900kg hydraulic rock hammer. The geotechnical engineer must be present at the commencement of hammering.
· Hammering is not to extend below the corresponding sawcut.
· The geotechnical engineer is to inspect the excavated face at each lift.
· Any required remedial works are to be carried out as directed by the geotechnical engineer. Such remedial works will include shotcreting of weathered seams and pinning of potentially unstable work wedges.
7D. Excavation to the northern boundary (with 12 Parriwi Road) shall occur no closer than 700mm from that boundary and this shall be indicated on the Construction Certificate Plans.
7E. No work is to be carried out beyond the boundaries of 10 Parriwi Road.
7F. Excavation, including rock breaking, rock hammering, sheet piling and pile driving and any similar activity shall only be carried out Monday to Friday between the hours of 9.00am to 5.00pm.
Retaining Walls
8. If soil conditions require it, retaining walls or other approved methods necessary to prevent the movement of soil, together with associated stormwater drainage measures, shall be designed and by a civil engineer or other appropriately qualified person. Details of any retaining walls shall accompany plans and specifications submitted with the Construction Certificate application.
9. The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development 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 & Developing then Building & Renovating, or telephone 13 20 92.
- The consent authority or a private accredited certifier must ensure that a Quick check agent/Sydney Water has appropriately stamped the plans before the issue of any Construction Certificate.
10. Materials and finishes shall be complementary to the character and streetscape of the area. Highly reflective roofing materials shall not be used.
Details of finished external surface materials, including colours and texture, must be to be submitted to the satisfaction of Council or the Accredited Certifier.
Landscape Plan
11. DELETED
Landscape Irrigation
12. To ensure the site landscaping thrives, the on slab planters and turf shown on the approved landscape plan must be designed to include adequate drainage provisions and permanent irrigation (in a form which is permitted by Sydney Water). Details shall be submitted with the Construction Certificate application.
13. To ensure the vehicle crossing is properly completed, the applicant shall complete and pay applicable fees for an application under Mosman Council’s “Construction of Vehicle Crossing By Contract”.
14. The applicant shall consult with relevant public utility providers and meet any costs imposed by those providers for alterations to mains or services required as a consequence of this approval.
15. To provide suitable access for people with disabilities, the development shall comply with relevant access and mobility requirements of Australian Standard 1428 Parts 1 and 4 as referred to by the Building Code of Australia. Details demonstrating compliance must be submitted with the Construction Certificate application.
16. Having regard to hard surface areas proposed, the capacity of Council’s stormwater system and the need to retard the flow of stormwater in peak flow periods, an on-site-detention system shall be provided. Detailed plans shall be submitted with the Construction Certificate application and certified as complying with Council’s “Policy For On-Site Stormwater Detention” by a Civil Engineer with membership of the Institute of Engineers Australia or who is eligible to become a member and has appropriate experience and competence in the related field. Where located below a driveway or built structure, the engineer is to certify that the on-site detention system has been designed to withstand all loads likely to be imposed on it.
17. A fire safety schedule containing information as required by clause 168(3) of the Environmental Planning & Assessment Regulation 2000 must be submitted with the Construction Certificate application.
18. In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, the applicant shall pay a long service levy at the prescribed rate of 0.2% of the total cost of the work to either the Long Service Payments Corporation or Mosman Municipal Council for any work costing $25,000 or more.
19. A cash deposit or bank guarantee to the value of $15,000 in favour of Council shall be provided for the making good any damage caused to Council property. A request for a refund of unused funds may be made following the completion of works and an inspection of the property by Council.
20. Pursuant to Section 94 of the Environmental Planning & Assessment Act 1979, a monetary contribution of $14,600.08 towards the acquisition and embellishment of public open space shall be paid to Council.
- This condition is imposed under Mosman Municipal Council’s Section 94 Contributions Plan. The Plan may be inspected at Council’s offices within the Civic Centre, Mosman Square, Mosman.
Note: Contribution rates will be indexed by use of the Consumer Price Index and the actual amount to be paid will be determined at the date of payment. You may contact Council on 9978 4111 prior to payment to confirm current figures.
21. In accordance with Section 81A(2) of the Environmental Planning and Assessment Act 1979, no site works (including building works, demolition, excavation or the removal of vegetation) are to commence until:
- i. the Construction Certificate has been issued;
ii. the person benefiting from the consent has appointed a Principal Certifying Authority (PCA) by way of completing Form 7A (attached at the end of the consent);
iii. in instances where Council is not the PCA, the PCA has, no later than 2 days before the building work commences, notified Council of his or her appointment by way of forwarding a completed copy of Form 7A and notified the person benefiting from the consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work by way of completing Form 7B (attached at the end of this consent). In instances where Council is the PCA, Council has completed Form 7B if necessary and forwarded it to the person benefiting from the consent.
iv. the person benefiting from the consent, if not carrying out the work as an owner-builder, has (by way of completing Form 7C):
- · appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved; and
· notified the PCA of any such appointment; and
· unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work; and
22. Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the council written notice of the following information:
- (a) in the case of work to be done by the holder of a contractor licence under that Act:
- vi. the name and licence number of the contractor; and
vii. the name of the insurer by whom the work is insured under Part 6 of that Act,
If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.
23. If site or building works will:
- · cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or unsafe; or
· involve the enclosure of a public place; or
· have the potential to damage adjoining private land by way of falling objects
then a temporary hoarding, fence or awning must be erected between the work site and the adjoining area. Any such hoarding, fence or awning must be removed when the work has been completed. The fence must be constructed prior to the commencement of works and where adjoining public land shall be covered in cyclone wire mesh to discourage the fixing of posters or graffiti.
24. Temporary sedimentation and erosion controls shall be constructed prior to commencement of any site works in order to prevent the discharge of sediment from the site. The controls shall be designed and installed in accordance with the requirements of the NSW Department of Conservation and Land Management's "Urban Erosion and Sediment Control" manual. Note: this document is now available from the Department of Infrastructure, Planning and Natural Resources.
25. In accordance with Section 95(1) of the Act, this consent shall lapse unless work has physically commenced on the land within 5 years from the date of the consent or in instances where no work is required, the use has commenced within 5 years from the date of the consent.
26. Public liability insurance to the value of $5,000,000 must be taken out by the builder or owner to protect any person, firm or company from injury, loss or damage sustained as a consequence of the carrying out of site works, including all excavation, demolition and construction works. A copy of the policy must be provided to Council or the Accredited Certifier.
27. All works are to be carried out in accordance with the requirements of the Building Code of Australia.
28. All demolition work must be carried out in accordance with the provisions of Australian Standard 2601-2001: The Demolition of Structures.
29. Where asbestos material shall be removed or disturbed as a result of any proposed demolition, alteration or addition, all work must be carried out by a person licensed under Chapter 10 of the Occupational Health and Safety Regulation 2001 and undertaken in accordance with the requirements of clause 29 of the Protection of the Environment Operations (Waste) Regulation 1996. All asbestos to be removed must be disposed of at a tip recommended by the NSW Environment Protection Authority and under no circumstances shall be re-used or sold.
30. A sign must be erected in a prominent position on any work site on which building work or demolition work is being carried out:
- (a) showing the name, address and telephone number of the principal certifying authority for the work; and
(b) showing their name of the person in charge of the work and a telephone number at which that person may be contacted outside work hours; and
(c) stating that unauthorised entry to the work site is prohibited.
Any such sign shall be maintained while the building work or demolition work is being carried out, but must be removed when the work has been completed.
This condition does not apply in relation to building work or demolition work that is carried out inside, and does not affect the external walls of, an existing building.
Where Council is the nominated PCA, these signs may be purchased from Council’s offices for a fee of $25.
31. Subject to condition 7F, in order to maintain the amenity of adjoining properties, audible site works shall be restricted to between 7.00am and 6.00pm, Monday to Friday and 8.00am to 1.00pm Saturday. Inaudible site works may also take place between 7.00am and 8.00am on Saturdays. No site works shall be undertaken on Sundays or public holidays.
- Unless otherwise approved within a Construction Traffic Management Plan, construction vehicles, machinery, goods or materials shall not be delivered to the site outside the approved hours of site works.
32. If an excavation extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation must:
- · preserve and protect the building from damage;
· if necessary, underpin and support the building in an approved manner; and
· at least 7 days before excavating, give notice of an intention to excavate to the adjoining owner and furnish particulars to the owner of the proposed work.
33. All excavations and backfilling must be executed safely and if necessary properly guarded in accordance with appropriate professional standards to prevent them from being dangerous to life or property.
Sediment & Erosion Controls
34. Sedimentation and erosion controls must be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority’s satisfaction.
35. All construction vehicles shall be washed prior to exiting the site to remove site material on the vehicle and prevent it from entering the stormwater system in the surrounding road network. All polluted water must be retained on site for sediment extraction before it is discharged in to the stormwater system.
Dust Control
36. Appropriate measures (e.g. fine water spray) shall be employed during demolition, excavation and construction works to prevent the emission of dust and other impurities into the surrounding environment. All such measures shall be co-ordinated with site sedimentation controls to ensure polluted waters do not leave the site.
Driveway
37. The levels at the boundary alignment of the property along the Parriwi Road frontage shall be defined by the existing levels.
38. The existing piped gutter bridge outside the property is to be removed and reconstructed in accordance with Council’s standard layback crossing Drawing No.S001/B at the applicant’s expense.
Council Property
39. The land and adjoining areas shall be kept in a clean and tidy condition at all times. No construction vehicles, building materials, waste, machinery or related matter shall be stored on the road or footpath for the duration of works unless separate approval has been obtained from Council’s Traffic Committee for the establishment of a Construction Zone. Under no circumstances will any person be allowed to mix or dispose of concrete, mortar or slurry within Council property.
Utility Services
40. To reduce the extent of overhead cabling, cabling for the extent of the frontage shall be located underground to the requirements of Energy Australia. The siting of any replacement poles required by Energy Australia within the immediate vicinity of the site applicant must have regard to scenic views enjoyed from adjoining properties.
41. If an electrical sub-station is required, it must be located wholly within the boundaries of the site and landscaped in such as a manner to complement the remainder of the site and the street.
Access, Mobility & Adaptable Housing
42. To provide accommodation suitable for people with disabilities, the ground floor units must be constructed as adaptable dwellings in accordance with Australian Standard 4299 and the Building Code of Australia.
Protection of Landscape Features
43. All natural landscape features including trees and other vegetation, natural rock outcrops, soil and watercourses shall remain undisturbed except where affected by necessary works detailed on approved plans.
Tree Preservation
44. All street trees and trees on private property that are protected under Mosman Council’s Tree Preservation Order 2003, shall be retained except where Council's prior written consent has been obtained, or where after approval of the relevant Construction Certificate, trees stand within the envelope of approved buildings or within the alignment of approved permanent paved vehicular access roads and parking areas.
Materials & Finishes
45. To minimise glare nuisance, the reflectivity index of the glass is not to be more than 20%.
Lighting
46. To maintain amenity for adjoining properties, all external lighting installed shall comply with Australian Standard 4282 – 1997 ‘Control of the obtrusive effects of outdoor lighting’.
Water Conservation
47. To minimise domestic water consumption, water conservation devices with an AAA rating must be used, including low flow tap and shower head roses, dual flush toilets and six litre/minute flow regulators in all bathroom basins, kitchen and laundry sinks.
Energy Efficiency
48. To promote energy efficiency all hot water system/s installed must have a minimum rating of 3.5 stars.
Toilet Facilities
49. To provide reasonable worker amenity, toilet facilities shall be provided at or in the vicinity of the work site for the duration of site work activities.
50. This consent does not authorise the carrying out of any of the following activities which require the separate approval of Council under Section 68 of the Local Government Act 1993:
- · Place a waste storage container in a public place
· Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway
Note: A person who fails to obtain an approval or who carries out an activity otherwise than in accordance with an approval is guilty of an offence under Sections 626 and 627 of the Local Government Act 1993.
Approved Plans
51. A copy of the stamped approved plans must be kept on site for the duration of site works and be made available upon request to either the Principal Certifying Authority or an officer of the Council.
52. To ensure building works are carried out properly and in accordance with the conditions of this consent, with the Building Code of Australia and or with relevant Australian Standards, the following critical stage inspections are to be carried out:
- · At the commencement of the building work;
· After excavation for, and prior to the placement of, any footings;
· Prior to pouring any in-situ reinforced concrete building element;
· Prior to covering of framework for any floor, wall, roof or other building element;
· Prior to covering waterproofing in any wet areas for a minimum of 20% of the rooms with wet areas within a building;
· Prior to covering any stormwater drainage connections;
· Sound insulation prior to any occupation certificate being issued in relation to the building;
· Smoke alarms prior to any occupation certificate being issued in relation to the building;
· Mechanical ventilation where mechanical means for ventilating a room is required prior to any occupation certificate being issued in relation to the building; and
· Final inspection after the building work has been completed prior to any occupation certificate being issued in relation to the building.
The critical stage inspections must be carried out by the Principal Certifying Authority PCA, or if the PCA agrees, by another certifying authority excepting the final inspection which must be carried out by the PCA.
Notes: Records of the above critical stage inspections will be required to be submitted prior to the release of the Occupation Certificate – see later conditions of consent.
If you intend engaging Council to undertake inspections, please telephone the area Building Surveyor to arrange a suitable time.
53. In accordance with clause 162B of the Environmental Planning and Assessment Regulation 2000, the certifying authority responsible for the critical stage inspections must make a record of each inspection as soon as practicable after it has been carried out. Where Council is not the PCA, the PCA is to forward a copy of all records to Council.
The record must include details of:
- · The development application and construction certificate number;
· The address of the property at which the inspection was carried out;
· The type of inspection;
· The date on which it was carried out;
· The name and accreditation number of the certifying authority by whom the inspection was carried out; and
· Whether or not the inspection was satisfactory in the opinion of the certifying authority who carried it out.
Car Parking
54. Parking spaces must be line marked and allocated to units. Allocation shall be in accordance with provision requirements of the Council’s Off Street Parking Code.
55. To ensure reasonable safety and manoeuvrability, a Compliance Certificate shall be provided by a suitably qualified architect, engineer or town planner certifying that the parking dimensions satisfy the requirements of Australian Standards 2890.1-1993 and Council’s “Off Street Parking Code for Mosman” including where applicable dimensions for any disabled parking spaces.
Bicycle Parking
56. To encourage and promote the use of sustainable transport modes, secure bicycle parking/storage must be provided to accommodate at least one bicycle. The facility must be provided in a suitable location which allows safe and easy access and should be designed and installed in accordance with AS 2890.3-1993 – Parking Facilities – Bicycle Parking Facilities.
On-Site Detention
57. A compliance certificate must be submitted to Council which includes work-as-executed details of the on-site detention system prepared by a registered surveyor or Civil Engineer with corporate membership of the Institute of Engineers Australia or who is eligible to become a corporate member and has appropriate experience and competence in the related field, verifying that the required storage and discharge volumes have been constructed in accordance with the design requirements and Council’s “Policy For On-Site Stormwater Detention”. The details must show the invert levels of the on-site detention system as well as the pipe sizes and grades. Any variations to approved plans must be shown in red and supported by calculations.
58. To ensure that future owners are made aware of their responsibilities with respect to the on-site detention system, a positive covenant shall be created on the title of the allotment requiring that the owner(s) maintain and keep in working order the on-site detention system, unless otherwise approved in writing by Mosman Council.
The terms of the positive covenant shall read:
1. In this Positive Covenant “detention system” shall mean the detention system approved by Mosman Municipal Council pursuant to Development Consent No. 8.2003.22.1 or any modification thereof approved by Mosman Municipal Council in writing.
2. The Registered Proprietors will at their own expense well and sufficiently maintain and keep in good and substantial repair and working order any detention system which exists from time to time on the land.
3. The Registered Proprietors shall not remove the detention system without the prior consent of Mosman Municipal Council.
5. The term “Registered Proprietors” shall include the Registered Proprietors of the land from time to time and all their heirs, executors, assigns and successors in title to the land and where there are two or more registered proprietors of the land the terms of this covenant shall bind all those registered proprietors jointly and severally.4. The Registered Proprietors hereby agree to indemnify Mosman Municipal Council from and against all claims, demands, actions, suits, causes of action, sum or sums of money, compensation damages, costs and expenses which Mosman Municipal Council or any other person may suffer or incur as a result of any malfunction or non-operation of any such detention system arising from any failure of the Registered Proprietors to comply with the terms of this Covenant.
59. A Section 73 compliance certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at 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 Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the release of the Occupation Certificate or Subdivision Certificate as applicable or whichever may occur first.
A copy of any Trade Waste Agreement required by Sydney Water shall be submitted to Council prior to the release of the Occupation Certificate.
Fencing
60. All boundaries behind the building line shall be enclosed with 1.8m fences/walls to protect the privacy of future occupants as well as adjoining owners, provided that where an adjoining owner agrees to the provision of an alternate fence/wall that fence/wall shall be erected in lieu of the fence/wall required by this condition.
Survey Report
61. To ensure that siting, height and view loss objectives are achieved, a Compliance Certificate must be prepared by a registered surveyor and submitted to the Principal Certifying Authority showing that boundary setbacks, finished floor levels, eave levels and ridge levels are in accordance with the approved plans.
Fire Safety
62. A final fire safety certificate prepared in accordance with Part 9 Division 4 of the Environmental Planning & Assessment Regulation 2000 must be issued by the owner. Copies of both the final fire safety certificate and the fire safety schedule must be (1) supplied to Council, (2) forwarded to the Fire Commissioner and (3) prominently displayed in the building.
Consolidation
63. All allotments involved in this proposal must be consolidated into one allotment prior to the issue of the Occupation Certificate.
Prior To Occupation
The following condition must be satisfied prior to occupation of the development.
Compliance Certificates and Inspection Records
64. Where Council is not the Principal Certifying Authority, a copy of any compliance certificates and or records of inspections received by the PCA shall be forwarded to Council prior to occupation or commencement of the use.
Occupation Certificate
65. Occupation or use, either in part or full, shall not take place until an Occupation Certificate has been issued. The Occupation Certificate must not be issued unless the building is suitable for occupation or use in accordance with its classification under the Building Code of Australia and until all preceding conditions of this consent have been complied with.
Where Council is not the Principal Certifying Authority, a copy of the Occupation Certificate together with registration fee must be provided to Council.
During Occupation
The following conditions must be satisfied during occupation or use of the development.
Fire Safety
66. An annual fire safety statement (and where necessary supplementary fire safety statements) prepared in accordance with Part 9 Division 5 of the Environmental Planning & Assessment Regulation 2000 must be issued by the owner. Copies of each of the annual final fire safety statement, supplementary fire safety statements and the fire safety schedule must be (1) supplied to Council, (2) forwarded to the Fire Commissioner and (3) prominently displayed in the building.
67. Fire safety measures provided within the building must be maintained in good working order.
Landscaping
68. Landscaping shall be maintained at all times in accordance with the approved landscaping plan.
(i) Headings such as “Prior To The Release Of The Construction Certificate” together with bolded notes that immediately follow, form part of this Notice of Determination. Conditions under the respective headings shall be read in the context of the heading and note.
(ii) A public inquiry by a Commission of Inquiry was not held under Section 119 of the Act.
(iii) Other public authorities may have separate requirements and should be consulted in the following respects:(iv) This decision does not ensure compliance with the Commonwealth Disability Discrimination Act 1992 . Applicants may wish to investigate their potential for liability under that Act.
a. Australia Post for the positioning and dimensions of mail boxes in new commercial and residential developments;
b. AGL Sydney Limited for any change or alteration to gas line infrastructure;
c. Energy Australia for any change or alteration to electricity infrastructure or encroachment within transmission line easements;
d. Telstra, Optus or other telecommunication carriers for access to their telecommunications infrastructure.
(v) Failure to comply with the relevant provisions of the Act and/or the conditions of this consent may result in the serving of penalty notices or legal action through the Land and Environment Court.
(vi) In accordance with section 81A of the Act, the person benefiting from this consent is notified that if Council is engaged as the Principal Certifying Authority, critical stage inspections to be carried out will include those listed under the sub-heading “Critical Stage Inspections” in this consent. If additional inspections are required, further notice will be provided.
(vii) All references to “the Act” under this consent relate to the Environmental Planning and Assessment Act 1979.
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A J Nott
Commissioner of the Court
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