Kearvall & Clark v Pittwater Council
[2009] NSWLEC 1111
•22 April 2009
Land and Environment Court
of New South Wales
CITATION: Kearvall & Clark v Pittwater Council [2009] NSWLEC 1111 PARTIES: APPLICANT
RESPONDENT
D Kearvall & J Clark
Pittwater CouncilFILE NUMBER(S): 11022 of 2008 CORAM: Hussey C KEY ISSUES: DEVELOPMENT APPLICATION - SECTION 96 MODIFICATION :- for enclosure of carport in flood-liable land, amount of openness of carport. LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Pittwater Local Environmental Plan 1993DATES OF HEARING: 25/02/2009
DATE OF JUDGMENT:
22 April 2009LEGAL REPRESENTATIVES: APPLICANT
Ms B. Phelan, solicitor
of Mallesons Stephen JaquesRESPONDENT
Mr A. Murrell, solicitor
of Staunton & Thompson Lawyers
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESHussey C
22 April 2009
JUDGMENT11022 of 2008 D Kearvall & J Clark v Pittwater Council
Background
1 This appeal was lodged against council’s refusal of a section 96 application to modify a development consent to permit enclosure of a car port at 16 Lake Road, North Narrabeen. This area is low-lying and subject to flooding impacts.
2 In 2004 the development consent was granted for the demolition of an existing dwelling on the site and the construction of a new 2-storey dwelling with carport underneath. The conditions of consent included:
- (a) D45 – the floor level of the dwelling is to be suspended on open pier construction to allow free flow of storm or flood water beneath the dwelling; and
(b) D127 – the carport, porch and balconies are not to be further enclosed without prior Development Consent.
3 The modification involved the enclosure of the western wall by:
- The construction of a brick rendered, or panelled wall along the western side of the ground floor to provide additional enclosure of this area.
- The subsequent insertion of 3 louvres in this wall with 2 m width x 2.3 m height, over which are 0.5m high-lite windows.
- The 1m stepped section is to remain open.
4 Council contends that the application involving a significant enclosure of the carport does not comply with the flood risk management policy, which requires a satisfactory level of openness for car park areas and carports below the flood planning level.
The site
5 This site is described as Lot 10 in DP 7410. It has an area of 464.5 sq m, a frontage of 15.24m and depth of 30.48m. It is situated on the northern side of Lake Road, opposite an open space area that adjoins Narrabeen Lake.
6 The carport area is on the western side of the dwelling and is of an elongated configuration comprising:
- Entry panel lift door of 5.72 m width on the south elevation.
- Western wall containing various piers and columns extending from the entry door some 10.34m. Then stepping in by 1m and extending a further 5.83m, finishing in line with rear of the dwelling.
- The rear wall has an opening of approximately 2.7m.
- The overall length of the western sidewall is in the order of 16.2 m and the corresponding eastern wall is enclosed as part of the dwelling.
7 The following controls apply:
- Pittwater LEP 1993; under which the site is zoned Residential 2(a) (“Residential A”).
- Pittwater 21 DCP; Part B 3.11 and Appendix 8 (Flood Risk Management Policy for Development in Pittwater) - (FRMP).
- NSW Government Flood Prone Land Policy.
The evidence
8 Ms S Ribbons, hydraulic engineer and council’s project leader for floodplain management presented detailed evidence on the flooding impacts. She says that the proposed amount of construction of the brick wall/louvres along the western side of the building would ‘enclose’ the ‘carport’ and would thus constitute a ‘garage’ rather than a carport. Consequently this would not be consistent with a key objective of the FRMP, which is “to protect private assets”.
9 According to Ms Ribbons, the current surface of the carport is about RL 2.0 m AHD, which about 1.2m below the Flood Planning Level (FPL) of RL 3.2 m AHD. Application of the DCP controls relative to the carports enclosure would allow the following options in the circumstances:
- raising the floor level of the carport to the FPL, or
- limiting the amount of the ‘enclosure’ of the carport perimeter so that one wall remains open.
10 Ms Ribbons assessed the existing flood behaviour at the site, on the basis of the existing controls, particularly those contained in the DCP. From this she says the site has a Flood Hazard Classification of Category 1 (Low Hazard), based on the depth of inundation and typical flow velocities.
11 Accordingly, the 21 DCP aims are to minimise the impact of proposed development on flood behaviour and other development in the floodplain. The associated controls to achieve these aims are:
- All structural elements below the Flood Planning Level shall be constructed from flood compatible materials; and
- All structures must be designed and constructed to ensure structural integrity for immersion and impact of velocity and debris up to the level of the 1% AEP flood.
- The storage of toxic or potentially polluting goods, materials or other products, which may be hazardous or pollute floodwaters will not be permitted below the Flood Planning Level.
- For a new enclosed garage, all floor levels shall be at or above the Flood Planning Level minus 100mm.
- Open car park areas and carports are permissible at the existing ground level. Vehicle barriers or restraints are to be provided to prevent floating vehicles leaving the site where there is more than 300mm depth of flooding in a 1% AEP flood event.
12 Consequently, the DCP allows open carpark areas and carports at ground level in this area, subject to other safety measures. A carport is defined in Appendix 8 of the FRMP in Pittwater as:
- “carport structure having at least one side open to allow the ingress of water.”
13 The threshold issue in this matter then concerns the degree of “openness” of the proposal. Insofar as other matters regarding storage of items in the structure and reference to BCA provisions, these are peripheral to the threshold issue and can be covered by conditions.
14 Ms Robbins referred to the general application of the FRMP, which includes the following table dealing with the ‘openness’ of carports.
15 Ms Ribbons says these definitions provide a reasonable basis in allowing some enclosure of carports for the storage of vehicles only. If further enclosure was permitted then additional flooding risks are likely to occur.
16 Accordingly, Ms Ribbons calculated various amount of opening of the carport and they are shown in Table 4. This includes reference to the amended manoeuvrable louvre options submitted by the applicant.
17 Interestingly, the difference is 5%, with Ms Ribbons concluding that a 25%/75% - open/enclosed relationship of the perimeter walling would be acceptable in the circumstances.
18 However the applicant argued against this, maintaining that the 20%/80% relationship satisfied the controls and was appropriate and reasonable. In particular, one side remains open in the proposal and it will not impede the flow of water. Accordingly, the submission is that it would unreasonable to require the applicant to incur additional costs.
19 Submissions were made regarding the alternate Macquarie dictionary’s definition of a carport – “a roofed wall-less shed often protruding from the side of a building, used as a shelter for a motor vehicle” and garage is “a building for sheltering a motor vehicle or vehicles…” . However I do not consider this was particularly helpful considering the definitions in the DCP, which are to be considered in assessing development. It seems to me the DCP carport definition is appropriate to the development.
Conclusions
20 Having considered the evidence, the submissions and undertaken a view, I consider this appeal only be allowed in part, with consent being granted for a 25%/75% - open/enclosure relationship of the perimeter walls, as stated by Ms Ribbons. This equates to approximately 50% of the western wall being classified as open, even though there are intervening louvres.
21 In doing so, I am satisfied the application relates to the same development that was approved and there are no objections to be considered. With reference then to the merits, I understand that the site is located within a flood-liable area that is categorised as Category 1 Low Hazard and it subject to considerable inundation in major storm events. This imposes some limitations on any development of the site.
22 It seems to me then that the local planning controls, particularly 21 DCP endeavour to allow a reasonable balance of development in this area. This evident with the approval for the dwelling in 2004.
23 Insofar as there was some discussion about the definition of the structure, I am satisfied to rely on the carport definition in the Flood Risk Management Policy for Development in Pittwater as appropriate in the circumstances of this case. It then seems important to give due consideration to the form and configuration of the perimeter walls of the development and its context.
24 In this case, the proposed carport has sidewalls (including the western wall) with lengths in the order of 16.3 m. This presents to me as a larger than usual enclosure for a carport and when considered with the northern open wall of approximately 2.7m. Even allowing for the 1 m stepping in this sidewall that remains open, I do not consider this satisfies the underlying intent of the controls regarding the amount of openness of the structure to prevent flood damage to goods stored below the FPL.
25 Instead, I consider it reasonable to rely on the overall approach of Ms Ribbons and apply the definitions in 21 DCP Table 3, that a minimum of 25% of the perimeter walling is to remain open. In this regard, I note that the evidence of Ms Ribbon, who has considerable experience in flood investigations and assessment evidence, was not challenged by any other expert evidence, nor was there any compelling evidence that the DCP provisions should be varied in the circumstances.
26 In the ultimate, I rely on Ms Ribbon’s evidence to allow a modification to the consent for a minimum opening of 25% in the perimeter walls of the carport i.e. equivalent to a 50% opening of the sidewall. As this amount of opening can be achieved with louvres, the applicant’s need for increased security can be achieved without the requirement for a complete 50% opening i.e. the louvred sections being deleted. This would result in minimal changes to the applicant’s plan showing the 20% openings and is reasonable in the circumstances.
______________________1. The appeal is allowed in part.
2. Consent is granted to the s96 modification application to Consent No 055/04 at 16 Lake Park Road, Mona Vale to allow a minimum opening of 25% the carport perimeter walls, which is to be in accordance with conditions in Annexure A.
3. The exhibits be returned except for 1, 3, 4 and 5.
R Hussey
Commissioner of the Court
ljr
Page 1 of 13
Annexure ‘A’
Conditions of Consent
MODIFICATION OF DEVELOPMENT CONSENT NO: N0055/04
ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979
Applicant's Name and Address:
D KEARVALL & J CLARK, 16 LAKE PARK ROAD, NORTH NARRABEEN, NSW, 2101.
Modification of Development Consent N0055/04 for Demolition of existing dwelling and construction of a new dwelling
At:-
Lot 10 DP 7410
16 LAKE PARK ROAD, NORTH NARRABEEN NSW 2101
Decision:
The Development Application has been determined by the granting of consent based on information provided by the applicant in support of the application, including the Statement of Environmental Effects, and in accordance with plans numbered 22320 (Issue H), dated 17.05.04, prepared by Huxley Homes, and 1/3, 2/3 and 3/3, undated, prepared by A Total Concept, as modified by the plans titled “LEC Amended Plan 19 December 2008” comprising 1 of 3 (ground floor plan), 2 of 3 (west elevation) and 3 of 3 (south and north elevation) as modified by the conditions of this consent imposed by the Land and Environment Court in proceedings 11022 of 2008.
The reason for the imposition of these conditions is to ensure that the development consented to is carried out in such a manner as to achieve the objectives of the Environmental Planning and Assessment Act, pursuant to section 5(a) of the Act, having regard to the relevant matters for consideration contained in section 79C of the Act and the Environmental Planning Instruments applying to the land, as well as section 80A of the Act which authorises the imposing of the consent conditions, and the reasons set out in Kearvall & Clark v Pittwater Council [2009] NSWLEC 111..
Note: For ease of reference, all of the previous conditions have been re-listed. Those conditions amended or deleted have been highlighted.
Endorsement of date of consent 06/04/2004, Modified 22 June 2004, Modified 30 April 2009
CONDITIONS OF DEVELOPMENT CONSENT
This Consent is not an approval to commence building work. The works associated with this consent can only commence following the issue of the Construction Certificate.
A. PRESCRIBED CONDITIONS
A1. All works are to be carried out in accordance with the requirements of the Building Code of Australia.
A2. In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, there is to be such a contract in force.
A4. To allow a principal certifying authority or another certifying authority time to carry out critical stage inspections required by the principal certifying authority, the principal contractor for the building site, or the owner builder must notify the principal certifying authority at least 48 hours before building work is commenced at the site if a critical stage inspection is required before the commencement of the work, in accordance with clause 162 of the Environmental Planning and Assessment Regulation 2000.
A5. Critical stage inspections are to be carried out in accordance with clause 162A of the Environmental Planning and Assessment Regulation 2000
NOTE: The issue of partial or limited Construction Certificates is not permissible under the terms of this consent unless otherwise specifically stated. All outstanding matters referred to in this section are to be submitted to the accredited certifier together. Incomplete Construction Certificate applications/details can not be accepted.
B10. Three sets of detailed working drawings that comply in all respects with the Building Code of Australia and the conditions of the Development Consent are to be submitted prior to the release of the Construction Certificate.
B20. Three sets of Drainage details showing site stormwater management are to be submitted prior to the release of the Construction Certificate. Such details are to be accompanied by a certificate from either a Licensed plumber or qualified practising Civil Engineer with corporate membership of the Institute of Engineers Australia (M.I.E), or who is eligible to become a corporate member and has appropriate experience and competence in the related field, that the stormwater management system complies with the requirements of section 3.1.2 "Drainage" of the Building Code of Australia Housing Provision and AS/NZS 3500.3.2 - Stormwater Drainage. The details shall include disposal of site stormwater to a public system (if the site is in a known slip area the stormwater disposal system must comply with the recommendations of a Civil (Geotechnical) Engineer's report).
B26. Access driveways are to be 3.5m wide (maximum) at the property boundary of the residential allotments.
B27. (a) Street Levels must be obtained from Council for all access driveways across the public road verge to road edge. The street levels provided by Council must be incorporated into and attached to design plans for the access driveway and internal driveway.
(b) A Deed of Agreement indemnifying Council must be entered into for construction of a cosmetic access driveway i.e. other than a plain concrete finish, within the public road reserve.
(c) All construction of the access driveway must be undertaken by a Council authorised contractor.
(d) Council's Fees and Charges apply to Street Levels and Deed of Agreement for Access Driveway.
B45. Three sets of detailed landscape working drawings, which comply in all respects with the conditions of development consent, are to be submitted prior to release of the Construction Certificate. Each plan/sheet is to be certified by a qualified landscape architect, landscape designer/environmental designer or horticulturist, confirming that the plans/details provide for the works to be carried out in accordance with Development Control Plan No 23 - Landscape and Vegetation Management.
B45a. In particular, the landscape working drawing is to provide full details of the following:
1. the usage of the dominant tree species growing in the area or locally indigenous species.
2. all existing trees and vegetation to be retained, removed and proposed, including canopy spread, trunk location and condition;
3. a plant schedule including stratum, species/common names, species' numbers, pot size and staking details;
4. a schedule of materials (including such elements as turfing, edging, walling, paving and fencing);
5. the proposed finished treatment of garden areas, including soil depth and mulching details;
6. the location of underground/overhead services;
7. details of irrigation and any on-slab planting;
9. screen planting having a maturity height of 3.0 - 4.0 metres is to be provided along the western boundary of the dwelling, so as to address issues of privacy between 14 Lake Park Parade.
10. at least two (2) canopy trees within the front yard and one (1) canopy tree in the rear yard of the residential allotment, which at maturity achieve a canopy height greater than 8.5 metres, to visually reduce the height, bulk and scale of dwelling.
11. understorey planting of species growing in the area or locally indigenous species, which, after three years will in conjunction with the canopy planting screen 50% of the built form, when viewed from the street.
B46. The landscape working drawing is to incorporate a landscape maintenance strategy for the owner/occupier to administer over a 12 month establishment period. This strategy is to address maintenance issues such as irrigation, soil testing, weeding, plant staking, fertilising, pest and disease control, replanting, remedial pruning and the like.
Further, provision is to be made for the landscape designer to visit the site on a 3 monthly basis from the date of issue of the Occupation Certificate
A copy of this report is to be forwarded to Council or the accredited certifier. Where the project is being supervised by a private certifier, for the purposes of keeping a public record, a copy of the letter of confirmation is to be forwarded by the certifier to Council within 5 working days of the date of issue.After the inspection, the landscape designer is to issue a report to the owner/occupier certifying that all plant material is healthy and performing to expectation.
B60. Three sets of Structural Engineering details relating to the slabs, footings, retaining walls and structural framing are to be submitted prior to release of the Construction Certificate. Each plan/sheet is to be signed by a qualified practising Structural Engineer with corporate membership of the Institute of Engineers Australia (M.I.E), or who is eligible to become a corporate member and has appropriate experience and competence in the related field.
B73. That the driveways be coloured or paved in a material to the satisfaction of Council, details being submitted prior to the Construction Certificate.
NOTE: It is an offence to commence works prior to issue of a Construction Certificate.
C6. A certificate prepared by an appropriate qualified person is to be submitted for the following building components, certifying to the satisfaction of Council or the Accredited Certifier that the nominated works have been carried out in accordance with the Building Code of Australia, relevant Australian Standards and any conditions of Development Consent. Works are not to progress past this point until Council or the Accredited Certifier has confirmed that this condition has been satisfied (see copy of form attached).
Where this confirmation of compliance is issued by a private certifier, for the purposes of keeping a public record, a copy of the letter is to be forwarded to Council within 5 working days of the date of issue.
C6a. Building setout BS-1
C6b. Erosion Controls ER-1
C10. So as to achieve safe and proper means of disposal of asbestos materials from buildings, only depots and contractors authorised by the Waste Services Authority are to be utilised. Approval must be obtained from the Service before disposal of any asbestos materials.
C22. Prior to commencement of works, at least three photographs of the road reserve and footpath area adjoining the site, one front-on and one from each side of the property, are to be submitted to Pittwater Council with the notification of commencement of works, showing the condition of the street trees and road reserve. The photographs must be dated, and accompanied by a statement that they are a true and accurate representation of the scene depicted.
D. CONDITIONS TO MINIMISE THE IMPACT OF THE DEVELOPMENT ON THE NATURAL AND BUILT ENVIRONMENT
D9. The external finishes are to be in accordance with the 'External Colour Selection' prepared by Huxley Homes. In particular:
Walls - Bottom brickwork - beige
- Upper walls - mini orb - blue ridge
Roof - Colorbond - Windspray.
D11. Any proposed demolition works shall be carried out in accordance with the requirements of AS2601-1991 "The Demolition of Structures".
Amongst others, precautions to be taken shall include compliance with the requirements of the WorkCover Authority of New South Wales, including but not limited to:
1. Protection of site workers and the general public.
2. Erection of hoardings where appropriate.
3. Asbestos handling and disposal where applicable.
4. Any disused service connections shall be capped off.
Council is to be given 48 hours written notice of the destination/s of any excavation or demolition material. The disposal of refuse is to be to an approved waste disposal depot.
D12. In order to ensure safe handling of asbestos materials, the re-use or sale of asbestos building materials is prohibited.
D16. Water conservation devices with an AAA rating must be installed, including tap flow regulators, shower head roses and dual flush toilets. All new hot water systems are to have a minimum rating of 3.5 stars.
D20. Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site.
D21. Sedimentation and erosion controls are to 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.
D23. Adequate measures shall be undertaken to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition.
D45. The floor of the dwelling is to be suspended on open pier construction to allow free flow of storm or flood water beneath the dwelling.
D46. All electrical equipment, wiring and fuel lines are to be watertight below the Design Floor Level of RL 3.22m AHD.
D49. The minimum floor level shall be 3.22m AHD being 500mm above the estimated 1% AEP flood level.
D60. The footpath and adjacent roadway is to be kept free of obstruction by building materials and/or plant. All concrete trucks, pumps and associated plant are to be kept wholly within the site. No concrete or slurry is to be discharged into the street or the street drainage system.
D61. If approved works are likely to cause pedestrian or vehicular traffic in a public place to be obstructed or if works involve the enclosure of a public place, then a hoarding or fence must be erected between the work site and the public place.
If necessary, an awning or other structure is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. Further, the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.
NOTE: Hoardings and temporary awnings erected on or over public places are required to be subject to a separate approval from Council.Any such hoarding, fence or awning is to be removed when the work has been completed.
D74. A sign is to be erected in a prominent position on the site stating that unauthorised entry to the work site is prohibited and showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours. No sign is required where works are internal only or where the premises are occupied continuously during and outside working hours.
D75. Toilet facilities are to be provided at or in the vicinity of the work site during the duration of the development.
D76. A stamped copy of the approved plans is to be kept on the site at all times, during construction.
D77. All plumbing and drainage fixtures are to be concealed and not exposed to public view on buildings over one storey in height.
D78. Timber log retaining walls are not permitted and are not to be included in the proposed development.
D79. No open solid fuel/wood burning fireplaces and stoves permitted other than those that comply with AS 4013-1992.
D80. This approval/consent relates only to the new work nominated on the approved consent plans and does not approve or regularise any existing buildings or structures within the property boundaries or within Council's road reserve.
D81. The installation of in-sink food waste disposal units is prohibited due to the increased loading placed on the Warriewood Sewage Treatment Plant particularly during wet weather.
D85. All external glazing is to have a maximum reflectivity index of 25%.
D89. The hours of construction are restricted to between the hours of 7.00am and 5.00pm Monday - Friday and 7.00am to 1.00pm on Saturdays. No works are to be carried out on Sundays or Public Holidays. Internal building work may be carried out at any time outside these hours, subject to noise emissions from the building or works not being audible at any adjoining boundary.
D105. The landscaping is to be maintained for the life of the development.
D127. The carport, patio, porch and balconies are not to be further enclosed without prior Development Consent.
D164. All stormwater is to be piped to Lake Park Road.
D208. The building is not to be adapted for occupation as a separate occupancy or where relevant, adapted for commercial/industrial activities, without prior Development Consent.
D215. A site fence and/or silt and sediment control fence is to be erected and maintained during the course of works along any street frontage boundary to the site.
D216. Street levels are to be obtained for the construction of any access driveway crossing between the site and the constructed roadway in accordance with Condition B27.
D217. A Road Opening Permit, issued by Council, must be obtained for any road openings or excavation within Councils Road Reserve associated with the development of the site, including stormwater drainage, water, sewer, electricity, gas and telephone connections etc. During the course of the road opening works the Road Opening Permit must be visibly displayed at the site.
D218. No other works are to be carried out in Councils Road Reserve without its approval.
D219. No skip bins or materials are to be stored on Council's Road Reserve.
D220. A clearly legible "Site Management Sign" is to be erected and maintained throughout the course of works on the site. The sign is to be centrally located on the main street frontage of the site and is to state in clearly legible lettering the following: -
- Builder's name, builder's telephone contact number during work hours.
- A site fence and/or silt and sediment control fence is to be erected and maintained during the course of works along any street frontage boundary to the site.
- Street levels are to be obtained for the construction of any access driveway crossing between the site and the constructed roadway in accordance with Condition B27.
- A Road Opening Permit, issued by Council, must be obtained for any road openings or excavation within Councils Road Reserve associated with the development of the site, including stormwater drainage, water, sewer, electricity, gas and telephone connections etc. During the course of the road opening works the Road Opening Permit must be visibly displayed at the site.
- No other works are to be carried out in Councils Road Reserve without its approval.
- No skip bins or materials are to be stored on Council's Road Reserve.
D221. That the existing ground floor area located below the FPL of 3.22m is only to be used as a laundry and for the storage of vehicles. The use of this area for a workshop and/or for the storage of anything other than vehicles is strictly prohibited.
D221A The plans are modified so that there is a minimum 25% opening in the perimeter walls of the carport. An opening includes a section of wall where more than 50%of the area of that section of the wall is permanently open for the full height of the wall and also allows the free flow of storm water and flood water.
D222. Any louvres provided to the carport structure are to be fixed in an open horizontal position or angled, so that 50% of the total area of the carport wall (for the full height of the wall) covered by the louvres remains open.
D223. The external finishes of any louvres provided to the carport structure are to be in accordance with the 'External Colour Selection' prepared by Huxley Homes as specified by condition D9.
________________________
R Hussey
Commissioner of the Court
ljr
NOTE: It is an offence to occupy the building or part thereof to which this consent relates prior to issue of an Occupation Certificate.NOTE: The issue of interim or partial Occupation Certificates is not permissible within the terms of this consent unless otherwise specifically stated. Prior to the issue of an Occupation Certificate the principal certifying authority is to ensure that Council’s assets, including road, kerb and gutter and drainage facilities adjacent or near to the site have not been damaged as a result of the works. Where such damage has occurred, it is to be repaired to Council’s written satisfaction prior to the issue of an Occupation Certificate or suitable arrangements put in place to effect those repairs at a future date to Council’s written satisfaction. Should this process not be followed, Council will pursue action against the principal accredited certifier in relation to the recovery of costs to effect such works.
E10. A certificate prepared by an appropriate qualified person is to be submitted for the following building components, certifying to the satisfaction of Council or the accredited certifier that the nominated works have been carried out in accordance with the Building Code of Australia, relevant Australian Standards and any conditions of Development Consent. Works are not to progress past this point until Council or the Accredited Certifier has confirmed that this condition has been satisfied (see copy of form attached).
Where this confirmation of compliance is issued by a private certifier, for the purposes of keeping a public record, a copy of the letter is to be forwarded to Council within 5 working days of the date of issue.
E10a. Pest control PST-1
E10c. Ground floor levels FL-1
E10d. Footings/slabs/piers/retaining walls FN-1
E10e. Bearers and joists and subfloor ventilation BJ-1
E10f. Wall, roof frames and window location FM-1
E10g. Wet areas WA-1
E10h. Masonry construction, accessories and weatherproofing MC-1
E10i. Subsequent floor levels FL-2
E10j. Stair construction ST-1
E10k. Balustrading adequacy BA-1
E10l. Glazing GL-1
E10n. Roof cladding RC-1
E10o. Roof ridge levels RL-1
E10p. Smoke alarms SA-1
E10q. Site stormwater management SW-1
E10s. Driveway construction DW-1
E10w. Landscaping LS-1
E51. Street numbers are to be affixed to the building prior to occupation.
E52. All external face brick walls are to be properly cleaned down following completion of the wall and prior to occupation.
E53. The redundant driveway is to be reinstated with kerb, footpath and suitably landscaped.
E54. New electrical connections are to be carried out using underground cabling.
E56. Prior to issue of an Occupation Certificate photographic evidence of the condition of the street trees and road reserve and area adjoining the site after the completion of all construction, must be submitted showing that no damage has been done and if damage has been done that it has been fully remediated. The photographs shall be accompanied by a statement that no damage has been done (or where damage has been remediated that Council has approved that work). In this regard Council's written agreement that all restorations have been completed satisfactorily must be obtained.
E86. The building is not to be occupied or used until an Occupation Certificate has been issued, confirming that the project complies with the relevant standards and the conditions of development consent. The request for an Occupation Certificate is to be accompanied by a copy of all of the Compliance Certificates required by the conditions of development consent (see copy of form attached).
F. MATTERS TO BE SATISFIED PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE
Nil
G. ADVICE
G14. You are advised to contact Australia Post regarding the required size and location of letterboxes.
G15. House numbering can only be authorised by Council. Before proceeding to number each lot/occupancy in your development, approval must be sought from Council's Planning and Assessment Business Unit.
G23. Failure to comply with the relevant provisions of the Environmental Planning and Assessment Act, 1979 (as amended) and/or the conditions of this Development Consent may result in the serving of penalty notices (on-the-spot fines) under the summary offences provisions of the above legislation or legal action through the Land and Environment Court, again pursuant to the above legislation.
G24. The applicant is also advised to contact the various supply and utility authorities, ie Sydney Water, Sydney Electricity, Telstra etc. to enquire whether there are any underground utility services within the proposed excavation area.
G25. It is the Project Manager's responsibility to ensure that all of the Component Certificates/certification issued during the course of the project are lodged with Council. Failure to comply with the conditions of approval or lodge the Component Certificates/certification will prevent Council from issuing the Occupation Certificate or the Building Certificate.
G26. In accordance with Section 80A(1)(d) and (e) of the Act, any consent given shall be void if the development to which it refers is not commenced within two (2) years after the date of approval, provided that Council may, if good cause be shown, grant an extension of renewal of such consent beyond such period.
NOTE: Council may be prepared to consider an extension of this Consent period for a further 12 months, however, the request for extension would have to be received during the initial 2 year period.
G27. To ascertain the date upon which the determination becomes effective, refer to Section 83 of the Environmental Planning and Assessment Act, 1979 (as amended).
G28. Should any of the determination not be acceptable, you are entitled to request reconsideration under Section 82A of the Environmental Planning and Assessment Act, 1979. Such request to Council must be made in writing together with a $500 fee, within 1 year from the date of determination.
G29. If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act, 1979, gives you a right of appeal to the Land and Environment Court within 12 months of the date of endorsement of this Consent.
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