Klompe v Woollahra Municipal Council

[2009] NSWLEC 1071

Land and Environment Court

of New South Wales

CITATION:

Klompe v Woollahra Municipal Council [2009] NSWLEC 1071
This decision has been amended. Please see the end of the judgment for a list of the amendments.

PARTIES:

APPLICANT
Klompe, Isabella

RESPONDENT
Woollahra Municipal Council

FILE NUMBER(S):

11131 of 2008

CORAM:

Hoffman AC

KEY ISSUES:

APPEAL - DEVELOPMENT CONSENT :- construction certificate; fees & levies; streetscape; design changes; tree preservation; amended plans.

LEGISLATION CITED:

Environmental Planning and Assessment Regulation 2000
Woollahra Local Environmental Plan 1995

CASES CITED:

Sharp v Hunters Hill Council [2002] NSW LEC 27

DATES OF HEARING:

30/01/2009,27/02/2009

EX TEMPORE JUDGMENT DATE:

27 February 2009

LEGAL REPRESENTATIVES:

APPLICANT
Ms Mary-Lynne Taylor, Solicitor
of Bartier Perry

RESPONDENT
Mr Stuart Simmington, Solicitor
of Lindsay Taylor Lawyers

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Hoffman C

27 February 2008

11131 of 2008 Klompe, Isabella -v- Woollahra Municipal Council

This determination was given extemporaneously
and it has been edited prior to publication

JUDGMENT

1 This is a Class 1 appeal in regard to an application to demolish an existing house and build a new 2-storey house at 20 Forest Road, Double Bay.

2 The matter was initially dealt with by a Section 34 conciliation conference on site at which the parties appeared to reach a level of agreement subject to amended plans being prepared. The initial on site conference took place on the 30 January 2009 and the matter was adjourned until the 27 February 2009 in order for the amended plans to be prepared and to be consider by a full Council meeting.

3 Those plans being duly prepared were Drawing Nos. 1 issue 7, 3 issue 7a, 5 issue 7, 4 issue 7, 4 issue 7a, 7 issue 7a by Krslovic Homes Pty Ltd and landscape plan LA01 issue A by Taylor Brammer.

4 The Council approved these plans subject to conditions some of which required a further amendment. The draft conditions prepared by the Council for the resumption of the s34 on the 27 February 2009 contained matters still in dispute by the parties. As a result the conciliation was terminated and the parties asked the presiding Commissioner to determine the remaining matters in dispute.

In the draft conditions there were the following matters:

5 Condition A3 it appeared that drawing 1 issue 7 had not been included in the Council’s table of approved documents and the parties agreed that it could be included.

6 Condition B1 it required a construction certificate prior to any demolition of the existing house. Reading the terms of Condition B1 it relates to alterations and additions for extensions of an existing building not the situation of a total demolition. In regard to total demolition there is no concern about the structural stability of any part of the existing building that might remain, because it is all gone. The matter relied upon is Sharp v Hunters Hill Council [2002] NSW LEC 27. In regard to this matter the condition had no application in this particular instance and should be deleted.

7 Condition C1 it required an amended landscape plan. In fact the list of approved documents includes the landscape plan that I have referred to previously. There are no particular conditions that would require an amended landscape plan. It is only necessary to fulfil the normal conditions regarding implementation of the approved landscape plans

8 Condition C7 requires a management plan which would control the procedure of certain aspects of the implementation of the landscape plan. However I see that management plan as a separate document to the approved landscape plan not something that would change the landscape plan. Therefore, in regard to condition C1, it can be deleted.

9 Condition C2 subclauses (b) & (d) are objected to. During discussions both parties agreed that the conditions could remain as is.

10 Condition C3 security deposits, levies and fees, in this case the only component that is objected to is a tree damage security deposit required of $48,994. This relates to the London Plane tree species on the Council road reserve just to the west of the subject property. Forest Road, as its name implies, is completely overarched by an avenue of huge trees along both sides. All the trees along the street are magnificent specimens.

11 There was an arborist report which is also one of the approved documents listed in condition A3. The arborist had a root inspection by digging a trench along the side of the new driveway closest to this particular tree and the root investigation only found roots probably related to vegetation in peoples front yards. The arborist believed the roots did not belong to the London Plane tree and its roots are lower down. As a result the report said that there would be no damage likely to that tree so long as the driveway is constructed with a non-porous membrane between the excavated ground and the new concrete driveway slab in order to avoid cement wash into the soil profile.

12 Also, there are other conditions in the consent related to tree protection zones which apply to this Council tree. These conditions should prevent for instance builder’s equipment being parked over the roots in the public reserve or the storage near it of any building materials or anything that might poison the tree. Notwithstanding, it is permissible for the Council to require a security deposit for public facilities adjoining any development site that may have the potential to be damaged.

13 A tree of this size being so large could not really be removed and replaced if something terrible happened that caused it to die. It could be removed of course, but it would be replaced by a smaller specimen that could grow to maturity in the restricted area between the boundary fences and the kerb of the street.

14 The Council has the practice of valuing its trees for the purpose of security deposits, by a methodology called The Thyer Tree Valuation Worksheet 2000a. The Respondent produced this sheet in file DA/475/2006 dated 12 October 2006, which by a number of calculations based on the measurements of the tree and its qualities, came to $48,994. The Applicant complained that apart from being a huge amount, it is required to be paid to the Council either in cash or in a bank guarantee, which means the bank would have to have a deposit of that amount held for the period of the construction of the house and until Council releases it.

15 I refer to condition C12, which covers refund of the security deposit and it says in part “The value of the deposit represents the full value of the tree as calculated using the Thyer Tree Valuation method. The tree damage security deposit will not be released until Council has inspected and is satisfied with the condition of the trees to which it applies. Council may use part or the entire deposit to carry out works to trees or replace them if they are not in a satisfactory condition. Where trees have not been preserved and retained in accordance with this Consent, the Applicant may forfeit the total deposit amount.:

16 One thing in this condition that appears inequitable to me, is there is no time limit for the period that the security deposit might be held. Nor does it state the time at which Council must carry out it’s inspection to determine it’s satisfaction or not.

17 A very large tree like this, if only slightly poisoned by whatever contaminants might arise from the building construction site, could take 5 to 10 years to die; or if severely affected it could take somewhat less, possibly 12 months. The Applicant is content that the security deposit be held until 12 months after the Occupation Certificate once the new house is completed and the Applicant is prepared for a security deposit of $5,000.

18 The reason behind the Applicant putting that amount is that the conditions of consent should give ample insurance that the tree is not in danger from construction. So long as the driveway and excavation is done in accordance with the arborist report as required by condition, and subject to the other conditions in terms of tree protection zones being established around it, the tree should be safe. Therefore, the most likely damage would only be minor (such as a truck backing into it), requiring some work to be done by an arborist or whoever else might be involved but certainly not $48,494 worth. The Applicant regards that amount as a penalty rather than a security deposit.

19 The Respondent put in return that the calculation or evaluation of the tree is a standard procedure of the Council. Should the Court not adopt it a decision of the Court may prejudice the normal practices of Council. The other consideration is that it is a magnificent tree along with the others in the street and its loss would be a significant loss to the community.

20 In reflecting on this matter I find that $48,494 is a substantial figure to require of a small to medium sized house development. The construction works are relatively small and the disturbance within the road reserve is likely to be quite small. Also there is the consideration of the arborist report that doesn’t foresee any significant damage arising from the proposal.

21 In the particular circumstances of this case it seems to me that a security deposit of $10,000 should be sufficient to cover any likely problem with the tree and it is an appropriate amount to impose for a house construction of this size.

22 Condition C12 should be amended also to require the council to inspect and advise of its refund or not of the security deposit at 12 months after the issue of the Occupation Certificate for the new house.

23 Turning to the next condition in dispute was condition C8. Condition C8 requires detailed professional engineering plans and specifications for all structural, electrical, hydraulic, hydro geological, geotechnical, mechanical and civil work involved in the proposal. The Applicant put to me that such detailed professional engineering plans apart from being quite expensive are not really warranted in single house construction. Certainly one would need structural drawings that’s normal acceptable practice. Hydraulic or drainage drawings and any civil work drawings would be needed. But the more detailed work of hydro-geological, geotechnical and mechanical engineering works would not warrant such drawings since there are no issues related to these aspects raised in the appeal. Also this is a dead flat site without any particular problems and there is only shallow excavation expected for footings and other services.

24 It seems to me what is required for Construction Certificate plans is found under cl 139 The Environment Planning and Assessment Regulation 2000 and the condition could be appropriately reworded as follows:“The construction certificate plans and specifications must be as required by cl 139 of the regulation, this consent, the approved plans, the statement of environmental effects and supporting documentation. Detailed professional engineering plans and specifications must be submitted to the certifying authority with application for any Construction Certificate. Note this does not effect the right of the developer to seek staged construction certificates.”

25 That covers all the matters remaining in dispute between the parties and having determined them, I see no other reason for refusal of the proposal

26 Therefore the Orders of the Court are

1. The appeal is upheld.

2. Development consent is granted for demolition of the existing house and the erection of a new two storey house at 20 Forest Road, Double Bay in accordance with the plans and documents listed in condition A3 of Annexure A hereto. The plans to be amended by, and the dwelling and works to be built in accordance with, the conditions in Annexure A hereto.

3. The documents on file be retained by the Court

___________________

K G HOFFMAN
Commissioner of the Court
ajl /ljr

Annexure ‘A’

Conditions of Consent

Isabella Klompe v Woollahra Municipal Council

CONSENT ORDERSDRAFT CONDITIONS

General Conditions

Consent is granted subject to the following conditions imposed pursuant to section 80 of the Environmental Planning & Assessment Act 1979 (“the Act ”) and the provisions of the Environmental Planning and Assessment Regulation 2000 (“the Regulation ”) such conditions being reasonable and relevant to the development as assessed pursuant to section 79C of the Act.
Standard Condition: A1

Unless specified otherwise words have the same meaning as defined by the Act , the Regulation and the Interpretation Act 1987 as in force at the date of consent.
Applicant means the applicant for this Consent.
Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent.
AS or AS/NZS means Australian Standard ® or Australian/New Zealand Standard ®, respectively, published by Standards Australia International Limited.
BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate .
Council means Woollahra Municipal Council

means the Land and Environment Court

Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils).
Stormwater Drainage System means all works, facilities and documentation relating to:
a. The collection of stormwater,
b. The retention of stormwater,
c. The reuse of stormwater,
d. The detention of stormwater,
e. The controlled release of stormwater; and
f. Connections to easements and public stormwater systems.
Owner means the owner of the site and successors in title to the site .
Owner Builder has the same meaning as in the Home Building Act 1989.
PCA means the Principal Certifying Authority under the Act .
Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed.
Professional Engineer has the same meaning as in the BCA.
Public Place has the same meaning as in the Local Government Act 1993.
Road has the same mean as in the Roads Act 1993.
SEE means the final version of the Statement of Environmental Effects lodged by the Applicant.
Site means the land being developed subject to this consent.
WLEP 1995 means Woollahra Local Environmental Plan 1995
Work for the purposes of this consent means:
a. the use of land in connection with development,
b. the subdivision of land,
c. the erection of a building,
d. the carrying out of any work,
e. the use of any site crane, machine, article, material, or thing,
f. the storage of waste, materials, site crane, machine, article, material, or thing,
g. the demolition of a building,
h. the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of land,
i. the delivery to or removal from the site of any machine, article, material, or thing, or
j. the occupation of the site by any person unless authorised by an occupation certificate .

Note : Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council.
Standard Condition: A2

Those with the benefit of this consent must carry out all work and maintain the use and works in accordance with the plans and supporting documents listed below as submitted by the Applicant and to which is affixed a Council stamp “Approved DA Plans” unless modified by any following condition . Where the plans relate to alterations or additions only those works shown in colour or highlighted are approved.

Reference	Description	Author/Drawn	Date(s)
Reference No: 1109 Issue 7A Sheets 3, 6 7 Reference No: 1109 Issue 7 Sheets 1, 4,5	Architectural Plans	Amended by Neustein Urban	1 Feb 2009
Certificate No. 78183S	BASIX Certificate	Department of Planning	23.06.06
Report No: EP434 AC & AB	Acid sulfate soil management plan	Hayes Environmental Consulting P/L	28.03.07
-	Root Investigation Report	Naturally Trees - Andrew Scales	14.09.07
LAO1	Landscape Plan	Taylor Brammer	Feb 2009
-	Arborist Report	Naturally Trees - Andrew Scales	04.05.07
Dwg No: 1213/H01/06 A	Stormwater Management Plan	Genesis Solutions	21.06.06
EP434 AC	Acid Sulfate Soil Management Plan	Hayes Environmental Consulting Report	28 March 2007


Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan.

Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g) of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate .)
Standard Condition: A5

The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the owner’s expense.

Note : This condition does not affect the principal contractor's or any sub-contractors obligations to protect and preserve public infrastructure from damage or affect their liability for any damage that occurs.

Standard Condition: A8

Prescribed conditions in force under the Act and Regulation must be complied with.
Note : It is the responsibility of those acting with the benefit of this consent to comply with all prescribed conditions under the Act and the Regulation . Free access can be obtained to all NSW legislation at

Standard Condition: A30

B. Conditions which must be satisfied prior to the demolition of any building or construction

Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act.

Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Standard Condition: B1

Root pruning works will be required to allow for the construction of the new driveway crossover. All Root pruning works must be carried out under the supervision of a qualified arborist (minimum level 4 qualification) and in accordance with WorkCover NSW Code of Practice Amenity Tree Industry, 1998. Works must be carried out prior to the commencement of works.

Appropriate Tree Protection fencing must be installed immediately following root pruning works to minimise further damage to the root system of the subject tree. To assist with the long term health of this tree a regular watering regime must commence at least 4weeks prior to works. This regime is to include regular deep watering along (and in accordance with Sydney Water regulations) the entire grass verge, mulch to a depth of 75mm and the application of a rooting hormone according to manufacturers directions.

A construction management plan must be submitted for the approval of Council’s Development Engineer before the commencement of demolition, excavation or construction works. The plan must:-

• local traffic routes
• pedestrian circulation adjacent to the building site
• and on-street parking in the local area, and;

• manage construction works to minimise such impacts,
• provide for the standing of vehicles during construction,
• provide for the movement of trucks to and from the site, and deliveries to the site, and;

• any site sheds and any anticipated use of cranes and concrete pumps,
• any areas of Council property on which it is proposed to install a Works Zone (Construction Zone),
• structures to be erected such as hoardings, scaffolding or shoring,
• any excavation.

The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion.

Note: A minimum of eight weeks will be required for assessment. Work must not commence until the Construction Management Plan is approved. Failure to comply with this condition may result in fines and proceedings to stop work.

To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established for all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements;

a) Tree Protection Zones are to established within the specified radius from the trunks of the following trees;

Council Reference No:	Species	Location	Radius from Trunk (Metres)
8	Corymbia citridora (Lemon-scented Gum tree)	Rear property nor-eastern corner	4
A	Platanus x hybrida (London Plane)	Council Road Reserve at the front of 18 Forest Road	Grassed area of Council Road Reserve under canopy of tree

b) Tree Protection Zones are to be fenced with a 1.8 meter high chainmesh or weldmesh fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.

c) Installation of all Tree Protection measures is to be at the direction of and overseen by a qualified Arborist (minimum Australian Qualification Framework Level 4 or recognised equivalent).
d) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist.
e) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.

f) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels.
g) The storage of materials, stockpiling, siting of works sheds, preparation of mixes, cleaning of tools or equipment is not permitted within Tree Protection Zones.

Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction.

C. Conditions which must be satisfied prior to the issue of any construction certificate

An Amended Landscape Plan, prepared by a qualified Landscape Architect or Landscape Designer, to a scale of 1:100 or 1:200, conforming to the conditions of this Development Consent is to be submitted to Council for approval prior to issue of the Construction Certificate. The plan must include a detailed planting schedule, which must include species listed by botanical and common names, quantities of each species, pot sized, and the estimated size of the plant at maturity.

The approved plans must be amended and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation , must detail:

a. The swimming pool must be reduced in height to no greater than 0.3m above ground level, (measured from the coping level of the pool to ground level directly below it).

b. Windows to the south west elevation on first floor level shall be fixed to a height of 1.7m above floor level.

Note : This condition is imposed to ensure privacy is maintained to the adjoining neighbours.
Note : The effect of this condition is that it requires design changes and/or further information to be provided with the Construction Certificate drawings and specifications to address specific issues identified during assessment under section 79C of the Act .
Note : Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition unless the Certifying Authority is satisfied that the condition has been complied with.
Note : Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with this consent.
Standard Condition: C4

The person(s) with the benefit of this consent must pay the following long service levy, security, development levy, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate , as will apply.
The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically
a. prior to the issue of a construction certificate , where a construction certificate is required; or
b. prior to the issue of a subdivision certificate , where only a subdivision certificate is required; or
c. prior to the issue of an occupation certificate in any other instance.

Description	Amount	Indexed	Council Fee Code
LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986
Long Service Levy Use Calculator:	Contact LSL Corporation or use their online calculator	No
SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979
Property Damage Security Deposit - Making good any damage caused to any property of the Council as a consequence of the doing of anything to which the consent relates.	$16,800	No	T600
Tree Damage Security Deposit – Making good any damage caused to any public tree as a consequence of the doing of anything to which the consent relates.	$48,99410,000.00	Yes	T600
DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2005 This plan may be inspected at Woollahra Council or downloaded from our website .
Development Levy	$7,485 + Index Amount	Yes, quarterly	T94
INSPECTION FEES under section 608 of the Local Government Act 1993
Security Administration Fee	$163	No	T16
TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES	$73,442.00 Plus any relevant indexed amounts and long service levy


Building & Construction Industry Long Service Payment
The Long Service Levy under Section 34 of the Building & Construction Industry Long Service Payment Act , 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate .
Note : The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website or by telephoning the Long Service Payments Corporation on 13 14 41.

How must the payments be made?
Payments must be made by:
a. Cash deposit with Council,
b. Credit card payment with Council, or
c. Bank cheque made payable to Woollahra Municipal Council.

The payment of a security may be made by a bank guarantee where:
a. the guarantee is by an Australian bank for the amount of the total outstanding contribution;
b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;
c. the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and
d. the bank’s obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

How will the section 94A levy be indexed?
To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2005 sets out the formula and index to be used in adjusting the s.94A levy.
Do you need HELP indexing the levy?
Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate).
Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2005
Where the applicant makes a written request supported by reasons for payment of the section
94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider:
a. the reasons given;
b. whether any prejudice will be caused to the community deriving benefit from the public facilities;
c. whether any prejudice will be caused to the efficacy and operation of this plan; and
d. whether the provision of public facilities in accordance with the adopted works schedule will be adversely affected.

Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where:
a. the guarantee is by an Australian bank for the amount of the total outstanding contribution;
b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;
c. the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and
d. the bank’s obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid.
Standard Condition: C5

The applicant must submit to the Certifying Authority BASIX Certificate No 78183S with any application for a Construction Certificate .
Note : Where there is any proposed change in the BASIX commitments the applicant must submit of a new BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation ) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act.

All commitments in the BASIX Certificate must be shown on the Construction Certificate plans and specifications prior to the issue of any Construction Certificate .
Note : Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires,"

Standard Condition: C7

A Stormwater Management Plan for the site must be submitted with the application for a Construction Certificate. This Condition is imposed to ensure site stormwater is disposed in a controlled and sustainable manner.
The Stormwater Management Plan must be in accordance with Council’s Draft Stormwater Drainage Management DCP (Draft Version 1, Public Exhibition Copy dated 23/08/2004). This is available from Council's website . The plan must generally be in accordance with the drainage plans and documentation prepared by Genesis Solutions, being Drawing Number 1213 / H01 / 06 A: two sheets, Dated 21st June 2006.
The plan must be in accordance with the drainage plans & documentation yet to be approved. The proposed plans by Genesis Solutions, being Drawing No 1213 / H01 / 06 A: Two Sheets, Dated 21st June 2006, require amendment in the following areas:

1. The charged line is to discharge to the boundary pit, not onto the ground, as appears to be indicated on the proposed stormwater plans.

2. For each “charged” system, one of the following is to be provided at the lowest point of each “charged” system. This pit will allow the line to be cleaned and flushed.

(i) A “clean out” pit, (with internal dimensions : 450mm square, incorporating a “screw capped end” on the charged line); or

(ii) A “screw capped end” brought to the finished ground surface on the charged line).

Stormwater run-off from the proposed development must drain to the kerb and gutter. New drainage systems must be designed in accordance with Section 6 - “Connection to drainage system” of Council’s Draft Stormwater Drainage Management DCP.
A detailed Stormwater Management Plan must be produced by a suitably qualified civil or hydraulic engineer. The plan must be at a scale of 1:100 and based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include (as appropriate for the site and determined by the Hydraulic Consultant):
• All pipe layouts, dimensions, grades, lengths and material specifications
• All invert levels reduced to Australian Height Datum (AHD)
• Location and dimensions and of all drainage pits
• Point of connection to Councils drainage infrastructure
• Overland flow paths over impervious areas.
• Copies of certificates of title, showing the creation or existence of private easements to drain water by gravity, if required.
• Subsoil drainage details (layout, grades, and material), clean out points and discharge point.

The principal contractor or owner builder must submit to the Certifying Authority a soil and water management plan complying with:
a. “ Do it Right On Site, Soil and Water Management for the Construction Industry ” published by the Southern Sydney Regional Organisation of Councils, 2001; and
b. “ Managing Urban Stormwater - Soils and Construction ” published by the NSW Department of Housing 4th Edition” ( 'The Blue Book' ).
Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate .
Note : This condition has been imposed to eliminate potential water pollution and dust nuisance.
Note : The International Erosion Control Association – Australasia lists consultant experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these plans.
Note : The “ Do it Right On Site, Soil and Water Management for the Construction Industry ” publications can be down loaded free of charge from .
Note : Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this matter.
Standard Condition: C25

The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information;
a. trees to be numbered in accordance with these conditions,
b. shaded green where required to be protected and retained,
c. shaded yellow where required to be transplanted,
d. shaded blue where required to be pruned,
e. shaded red where authorised to be removed and,
f. references to applicable tree management plan, arborists report, transplant method statement or bush regeneration management plan.
Standard Condition: C30

C.8

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include detailed professional engineering plans and/or specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation.
Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate .
Note: This does not affect the right of the developer to seek staged Construction Certificates
Standard Condition: C36

The Construction Certificate plans and specifications required by clause 139 of the Regulation must demonstrate compliance (by showing the proposed location of all child-resistant barriers and the resuscitation sign) with the provisions of the Swimming Pools Act 1992.
Note : A statement to the effect that isolation swimming pool fencing complying with AS1926 will be installed does not satisfy this condition. The location of the required barriers and the sign must be detailed upon the Construction Certificate plans.
Standard Condition: C55

The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the connection of backwash to Sydney Waters sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.
Note : The plans must show the location of Sydney Waters sewer, the yard gully or any new connection to the sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.
Note : The discharge of backwash water to any stormwater system is water pollution and an offence under the Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any stormwater system is an offence under the Protection of the Environment Operations Act 1997.
Standard Condition: C56

The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the sound attenuation works required to the swimming pool to ensure that noise from the filtration equipment does not to exceed the background noise level when measured at any boundary of the site.

Note: Further information including lists of Acoustic Engineers can be obtained from :
1. Australian Acoustical Society — professional society of noise-related professionals ( /index.php ).
2. Association of Australian Acoustical Consultants — professional society of noise related professionals ( ).

Standard Condition: C61

Work Zone

A Work Zone (Construction Zone) is required for this development. Prior to issue of the Construction Certificate an application for the required Works Zone must be submitted to Woollahra Council, for consideration by the Woollahra Local Traffic Committee.
Prior to commencement of any demolition, land clearing, piling, piering, excavation, construction or like work or the issue of a Notice of Commencement of building works, any Works Zone approval by the Woollahra Local Traffic Committee shall be implemented strictly in accordance with the Committee’s terms and conditions.
Note:
• The Woollahra Local Traffic Committee meets monthly.
• A minimum of eight weeks is required for assessment and determination of a Works Zone application.
• Failure to comply with this condition may result in fines and proceedings pursuant to Part 6 of the Environmental Planning & Assessment Act 1979.

The following trees are to be retained on the site and protected during all works.
Trees on Council Land

Council Reference No:	Species	Location	Dimension (Metres)
A	Platanus x hybrida (London Plane)	on Council Road Reserve at the front of 18 Forest Road	18 (h) x 14 (w)

Council Reference No:	Species	Location	Dimension (Metres)
8	Corymbia citridora (Lemon-scented Gum tree)	Rear property nor-eastern corner

A Tree Damage Security Deposit has been applied to trees located on Council land in accordance with Council’s policy. The Tree Damage Security Deposit is required for individual trees when considered appropriate by Council’s Tree Officer. The Tree Damage Security Deposit will not be released until Council has inspected and is satisfied with the condition of the trees to which it applies. Council may use part or the entire Deposit to carry out works to trees or replace them if they are not in a satisfactory condition. Where trees have not been preserved and retained in accordance with this Consent, the applicant may forfeit the total Deposit amount. The Council must inspect the condition of the trees to which the Tree Damage Security Deposit applies at the first anniversary of the issue of the Occupation Certificate and advise whether the Tree Damage Security Deposit will be refunded or not..
The Construction Certificate plans must include reference to the retention of the above mentioned trees and identify the trees by Councils reference number (Ref No:) and colour or shade them in the colour green for trees to be retained and yellow for trees to be transplanted.

The following trees, which Council has requires to be retained, must be transplanted and successfully established elsewhere within the development site.

Council Reference No:	Species	Present Location	Required Location
3	Magnolia sp. (Magnolia).	Western side of the front of the property	Garden bed Western side of the front of the property


The applicant is to pay for all costs associated with the transplanting of the abovementioned trees to a suitable alternate location on the subject site. The transplantation must be supervised by a qualified Arborist, Horticulturist or Landscape Technician experienced in transplantation.
A Transplantation Method Statement, detailing the following points, must be submitted for approval by Council prior to issue of a Construction Certificate.
i) Pre-transplantation schedule of works.
ii) Preparation of transplantation site.
iii) Transplantation method.
iv) Post-transplantation aftercare and duration.
The Statement is to be prepared by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 5 or recognised equivalent) or Horticulturist, who is experience in transplantation.

This consent includes approval under Council’s Tree Preservation Order to remove the following trees:

Council Reference No:	Species	Location	Dimension (Metres)
1	Callistemon viminalis (Weeping Bottlebrush)	Front property, eastern boundary	6 (h) x 4 (w)
2	Corymbia citridora (Lemon-scented Gum tree)	Front property, eastern of driveway	15 (h) x 20 (w)
4	Callistemon viminalis (Weeping Bottlebrush)	Rear property, western boundary	6 (h) x 5 (w)
5	Melaleuca armillaris (Bracelet Honey Myrtle)	Rear property, western boundary	10 (h) x 7 (w)
6	Callistemon viminalis (Weeping Bottlebrush)	Rear property, western boundary	8 (h) x 7 (w)
7	Callistemon viminalis (Weeping Bottlebrush)	Rear property, north-western boundary	7 (h) x 5 (w)

The Construction Certificate plans must include reference to the removal of the above mentioned trees and identify the trees by Council’s reference number (Council Ref No:) and colour or shade them in the colour red.

To prevent stormwater from entering the building the finished habitable ground floor level of the building must be set at a suitable level above the adjacent finished ground level. The entire outside perimeter of the building must have overland flow escape routes which will protect all finished floor levels from flooding, in the event of the full blockage of the subsurface drainage system. This condition is to be addressed by a suitably qualified hydraulic / Civil Engineer, who is to prepare and sign the two following documents:
1) An appropriate detailed drainage design, and
2) An Engineer’s Certificate stating that all enclosed floor areas including habitable and garage floors, are safeguarded from outside stormwater run-off ingress, by (a) suitable differences in finished levels, (b) gradings and (c) provision of stormwater collection devices.
The subject documents are to be submitted to, and approved by the PCA, prior to issue of the Construction Certificate.

D. Conditions which must be satisfied prior to the commencement of any development work

For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
a. that the work must be carried out in accordance with the requirements of the Building Code of Australia,
b. 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, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.
This condition does not apply:
a. to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4),
or
b. to the erection of a temporary building.
In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.
Note : This condition must be satisfied prior to commencement of any work in relation to the contract of insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the Building Code of Australia.

Standard Condition: D1

Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725.

Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare.



Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either

a. the vertical height above footpath level of the structure being demolished is less than 4.0 m; or
b. the least horizontal distance between footpath and the nearest part of the structure is greater than half the height of the structure.
The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must
a. extend from the common boundary to 200mm from the edge of the carriageway for the full length of the boundary;
b. have a clear height above the footpath of not less than 2.1 m;
terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and
c. together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa.

The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection.
The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: .
Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like.
Note : The principal contractor or owner must allow not less than two (2) weeks from the date of making a hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees.

Standard Condition: D11

Prior to any excavation works, the location and depth of all services (telephone, cable TV, electricity, gas, water, sewer, drainage, etc.) must be ascertained. The developer must meet all costs of any adjustment, relocation or reinstatement of any services.

Prior to the commencement of any excavation in Council controlled roadways or footpath areas, the developer must obtain a road opening permit from Council’s Customer Services Counter. Restoration of roads, footpaths, retaining walls, kerbs and gutters must be carried out in accordance with the relevant clauses of the current edition of AUS-SPEC .

The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times.
“Erection of signs
1. For the purposes of section 80A (11) of the Act , the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.
2. A sign must be erected in a prominent position on any site on which building work, subdivision `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 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, and
c. stating that unauthorised entry to the work site is prohibited.

3. Any such sign 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.
4. This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.
5. This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.”

Note : PCA and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which imposes a penalty exceeding $1,000).
Note : If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation .

Standard Condition: D12

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 of 20 persons employed at the site.
Each toilet provided:
a. must be a standard flushing toilet, and
b. must be connected to a public sewer, or
c. if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or
d. if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council.
The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced.
In this condition:
accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993.
approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993.
public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.
sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993.
Note : This condition does not set aside the requirement to comply with Workcover NSW requirements.

Standard Condition: D13

The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with:
a. The Soil and Water Management Plan if required under this consent;
b. “ Do it Right On Site, Soil and Water Management for the Construction Industry ” published by the Southern Sydney Regional Organisation of Councils, 2001; and
c. “ Managing Urban Stormwater - Soils and Construction ” published by the NSW Department of Housing 4th Edition” ('The Blue Book').

Where there is any conflict The Blue Book takes precedence.

Note : The International Erosion Control Association – Australasia ( ) lists consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia.
Note : The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from .

Note : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning . It is a criminal offence to cause, permit or allow pollution.
Note : Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution” Warning , irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed.
Standard Condition: D14

The erection of the building in accordance with this development consent must not be commenced until:
a. a construction certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited Certifier, and
b. the person having the benefit of the development consent has:
i. appointed a principal certifying authority for the building work, and
ii. notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and
b1. the principal certifying authority has, no later than 2 days before the building work commences:
i. notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and
ii. notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
b2. the person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:
i. 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
ii. notified the principal certifying authority of any such appointment, and
iii. 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
iv. given at least 2 days’ notice to the council of the person’s intention to commence the erection of the building.
Note: Building has the same meaning as in section 4 of the Act and includes part of a building and any structure or part of a structure.
Note : New building has the same meaning as in section 109H of the Act and includes an altered portion of, or an extension to, an existing building.
Note : The commencement of demolition works associated with an altered portion of, or an extension to, an existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate ) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.
Note : Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can be downloaded from Council’s website .
Note : It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act.
Standard Condition: D15

a. For the purposes of section 80A (11) of the Act, the requirements of this condition are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 .
b. 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:
i. in the case of work for which a principal contractor is required to be appointed:

• the name and licence number of the principal contractor, and

• the name of the insurer by which the work is insured under Part 6 of that Act,

  ii. in the case of work to be done by an owner-builder:
• the name of the owner-builder, and
• if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.
c. If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) 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.
d. This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.

Standard Condition: D17

E. Conditions which must be satisfied during any development work

For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work:
a. that the work must be carried out in accordance with the requirements of the Building Code of Australia,
b. 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, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply:

a. to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or
b. to the erection of a temporary building.
In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

Standard Condition: E1

Demolition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993.

Standard Condition: E2

All development activities and traffic movements must be carried out in accordance with the approved construction management plan.
All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request.

Note : Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking legislation prevails.

Standard Condition: E3

Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority.

Standard Condition: E4

Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation .
Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act .
critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement.
Note : The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be satisfied that work is proceeding in accordance with this consent.
Note : The PCA may, in addition to inspections, require the submission of Com pliance Certificates , survey reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development.

Standard Condition: E5

. No work must take place on any Sunday or public holiday,
b. No work must take place before 7am or after 5pm any weekday,
c. No work must take place before 7am or after 1pm any Saturday, and
d. No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday.
e. No rock excavation being cutting, boring, drilling, breaking, sawing, jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour.
This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts.
Note : The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council.
Note : Each and every breach of this condition by any person may be subject to separate penalty infringement notice or prosecution.
Note : The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis.
Note : Compliance with these hours of work does not affect the rights of any person to seek a remedy to offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000.
Note : EPA Guidelines can be down loaded from .
Note : see

Standard Condition: E6

The principal contractor or owner builder and any other person acting with the benefit of this consent must:

a. Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway.
b. Not use the road or footway for the storage of any article, material, matter, waste or thing.
c. Not use the road or footway for any work .
d. Keep the road and footway in good repair free of any trip hazard or obstruction.
e. Not stand any plant and equipment upon the road or footway.

This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with:
a. Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all relevant parts of this set of standards.
b. Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.
Note : Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval.
Note : Section 138 of the Roads Act 1993 provides that a person must not:
(a) erect a structure or carry out a work in, on or over a public road, or
(b) dig up or disturb the surface of a public road, or
(c) remove or interfere with a structure, work or tree on a public road, or
(d) pump water into a public road from any land adjoining the road, or
(e) connect a road (whether public or private) to a classified road,
otherwise than with the consent of the appropriate roads authority.
Note : Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the council including:

Part C Management of Waste:
“1. For fee or reward, transport waste over or under a public place
2. Place waste in a public place
3. Place a waste storage container in a public place.”

Part E Public roads:
“1. 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
2. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.”
Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway.

Standard Condition: E7

The Principal Contract / Owner Builder and any subcontractor must comply with the Acid Sulfate Soil Management Plan and the NSW Government Acid Sulfate Soils Management Advisory Committee guidelines.
Note : The Acid Sulfate Soils Management plan submitted with the Development Application sets out all the above requirements in detail.
Note : A failure to implement and maintain the Acid Sulfate Soils Management plan can result in the following environmental harm:
• damage to the soil structure so plant roots and soil organisms can't easily move about
• plant roots being burnt by acid, reducing plant health and productivity
• acid intolerant soil fauna and flora are killed, so the soil biodiversity and health are reduced
• plants and soil life can be poisoned by the available toxic metals
• loss of aquatic plants that can not survive acidic conditions
• loss of fish, crustaceans, birds and other animals
• damage to metal and concrete structures (such as bridge pylons and pipes)
  Standard Condition: E28

The following compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area.

Species/Type	Planting Location	Container Size or Size of Tree (@ time of planting)	Minimum Dimensions at Maturity
Similar to existing (native)	Rear yard western boundary to provide screening of 18 Forest	100 L	10m (h)
Similar to existing (native)	Rear yard western boundary to provide screening of 18 Forest	100 L	10m (h)
Species as per Landscape Plan No. s 1/1, designed by Genesis Solutions, dated 20.6.06.

E.10

No level changes are to occur within the specified radius from the trunks of the following trees to allow for the preservation of their root zones.


Council Reference No:	Species	Location	Radius from Trunk (Metres)
8	Corymbia citridora (Lemon-scented Gum tree)	Rear property nor-eastern corner	4

All landscaping must be maintained in accordance with the approved landscape plans. Any alteration from that plan will require the prior written consent of Council.

The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with:
a) The Soil and Water Management Plan required under this consent;
b) “ Do it Right On Site, Soil and Water Management for the Construction Industry ” published by the Southern Sydney Regional Organisation of Councils, 2001; and
c) “ Managing Urban Stormwater - Soils and Construction ” published by the NSW Department of Housing 4th Edition (“ The Blue Book ”).

Where there is any conflict The Blue Book takes precedence.

Note 1 : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note 2 : Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”. Warning , irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution.

Standard Condition: E15

The erosion and sediment control plan must be implemented during site works and construction activities. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the accredited certifier and Council officers on request.

Stockpiles of topsoil, sand, aggregate, soil or other material must not be located on any drainage line or easement, natural watercourse, footpath or roadway, or within the dripline of any Street Tree. Stockpiles within the construction site must be protected with adequate sediment controls, in accordance with Council’s Code for Sediment Control.

Building operations such as brick cutting, washing tools or brushes and mixing mortar must not take place on public roadways or footways or in any other location which could lead to the discharge of materials into the stormwater drainage system.
Footpaths, gutters and roadways must be swept regularly to keep them free from sediment.

The principal contractor or owner builder must ensure:

a) Prior to pumping any water into the road or public stormwater system that approval is obtained from Council under section 138(1)(d) of the Roads Act 1993;
b) That water pollution , as defined by the Protection of the Environment Operations Act 1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water;
c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas.

Note : This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution.

Standard Condition: E17

The existing footpath level and grade at the street alignment of the property must be maintained.

Building, excavation or demolition materials and plant must not be stored on Council’s footpath and/or roadway unless prior written approval has been obtained from Council’s Development Engineer.

Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical.
Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note : This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming Pools Act 1992.

Standard Condition: E26

A safe pedestrian circulation route a minimum of 1.5m wide and with a pavement free of trip hazards must be maintained at all times on or adjacent to the public footpaths fronting the construction site. Where the footpath is damaged, repair works must be carried when directed by Council officers and in accordance with the relevant clauses of the current edition of AUS-SPEC. Where circulation is diverted on to the roadway clear directional signage and protective barricades must be installed in accordance with Aust AS1742-3 1996 “Traffic Control Devices for Work on Roads”.
If pedestrian circulation is not satisfactorily maintained, and action is not taken promptly to rectify the defects, Council may carry out remedial works and deduct the cost from the Damage Security Deposit.

The Principal Contract / Owner Builder and any subcontractor must comply with the Acid Sulfate Soil Management Plan and the NSW Government Acid Sulfate Soils Management Advisory Committee guidelines.

Note : The Acid Sulfate Soils Management plan by Hayes Environmental Consulting P/L Report No EP434 AC dated 28 March 2007 submitted with the Development Application sets out all the above requirements in detail.

Note : A failure to implement and maintain the Acid Sulfate Soils Management plan can result in the following environmental harm:
• damage to the soil structure so plant roots and soil organisms can't easily move about
• plant roots being burnt by acid, reducing plant health and productivity
• acid intolerant soil fauna and flora are killed, so the soil biodiversity and health are reduced
• plants and soil life can be poisoned by the available toxic metals
• loss of aquatic plants that can not survive acidic conditions
• loss of fish, crustaceans, birds and other animals
• damage to metal and concrete structures (such as bridge pylons and pipes)
  Standard Condition: E28

F. Conditions which must be satisfied prior to any occupation or use of the building (Part 4A of the Act and Part 8 Division 3 of the Regulation)

A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act ) unless an occupation certificate has been issued in relation to the building or part.
Note : New building includes an altered portion of, or an extension to, an existing building.

Standard Condition: F1

Prior to the issue of the final Occupation Certificate, Certification and Work-As-Executed (WAE) plans must be submitted and approved by the Accredited Certifier demonstrating that the site drainage system has been provided according to the submitted calculations and/or approved plans.
Certifications must be provided by a suitably qualified engineer. WAE plans must be prepared and certified by a Registered Surveyor.
The following must be provided:

a) Certification that:

• The drainage system has been installed in accordance with the drainage Conditions of Development Consent and relevant Australian Standards.
• That all drainage components, are structurally adequate and have been installed in accordance with the relevant Codes and Standards and/or specifications.

b) Work-As-Executed (WAE) plans showing:

• Pipe and drainage system layout, including all pits, pipe diameters, grades, materials, invert levels and surface levels.
• Details (exact point and method) of connection to Council system

If Council’s infrastructure is damaged during the course of works, Council’s Development Engineer must be notified and necessary repairs must be undertaken within the time stipulated by Council, to Council’s specifications, and at no cost to Council. Works generally must be in accordance with the relevant clauses of the current edition of AUS-SPEC.
If work is not undertaken to the satisfaction of the Development Engineer with regard to time or quality, Council may carry out remedial works and deduct the cost from the Damage Security Deposit.

The development must be provided with street and sole occupancy unit numbers determined by Council. This condition has been imposed to ensure that emergency services, utility services, and the general public are able to clearly and readily locate any property. Further, this condition has been imposed to protect the integrity of street numbering and land information.

Note : Applications for the allocation of street and sole occupancy unit numbers should be made together with any application for a strata certificate or Torrens or community title subdivision certificate. Council will determine at its discretion in accordance with its policy street numbers and street addresses that best suit the public interest.

Standard Condition: F11

All letter boxes must be constructed and located in accordance with AS/NZS 4253:1994 Mailboxes and to Australia Post’s satisfaction.
Note : This condition has been imposed to ensure that mail can be delivered to occupiers of the site.

Standard Condition: F12

Prior to any occupation or use of the development and prior to filling any swimming pool as defined by the Swimming Pool Act 1992:
a. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992.
b. The Principal Contractor or owner must apply for and obtain a Compliance Certificate under section 24 of the Swimming Pools Act 1992.
c. Public Pools must comply with the NSW Health Public Swimming Pool and Spa Pool Guidelines in force at that time and private pools are encouraged to comply with the same standards as applicable.
d. Water recirculation and filtration systems must be installed in compliance with AS 1926.3-2003: Swimming pool safety - Water recirculation and filtration systems .
Backwash must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.
e. Water recirculation and filtration systems must be connected to the electricity supply by a timer that limits the systems operation such that it does not operate:
f. before 8 am or after 8 pm on any Sunday or public holiday, or
before 7 am or after 8 pm on any other day.
Note : The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from:

Standard Condition: F13

The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site.

All landscape work including all planting must be completed by the principal contractor or owner in compliance with the approved landscape plan, arborist report, transplant method statement and tree management plan. The principal contractor or owner must provide to PCA a works-as-executed landscape plan and certification from a qualified landscape architect/designer, horticulturist and/or arborist as applicable that the works as completed comply with this consent.

None relevant

H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate (s109C(1)(c))

All BASIX commitments must be effected in accordance with the BASIX Certificate No78183S.
Note : Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled."

Standard Condition: H7

The principal contractor or owner must remove from the land and any adjoining public place:
a. The site sign;
b. Ablutions;
c. Hoarding;
d. Scaffolding; and
e. Waste materials, matter, article or thing.
Note : This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the Final Occupation Certificate .

Standard Condition: H12

The following works must be completed to the satisfaction of Council, in compliance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor’s or owner’s expense:
a. stormwater pipes, pits and connections to public stormwater systems within the road ;
b. driveways and vehicular crossings within the road ;
c. removal of redundant driveways and vehicular crossings;
d. new footpaths within the road ;
e. new or replacement street trees;
f. new footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.
g. new or reinstated kerb and guttering within the road ; and
h. new or reinstated road surface pavement within the road .
Note : Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from Council’s website or obtained from Council’s customer service centre.

Standard Condition: H13

The site is in an area affected by flood waters, and as such the following minimum floor levels are required. In accordance with Councils Draft Stormwater Management Code, the following floor levels must be attained;
• Garage Floor Level - RL 3.35 m AHD (this includes 0.15 m freeboard)
• Habitable Floor Levels - RL 3.50 m AHD (this includes 0.3 m freeboard)

The floor levels must be certified by a registered surveyor prior to installation of floor coverings. The certification must be submitted to the Accredited Certifier prior to the release of the Final Building Certificate.

The following works must be undertaken at the applicant’s expense prior to the final building inspection and the issue of the Occupation Certificate.
• Construction of a new full width concrete driveway crossing 4.8m wide and layback in accordance with Council’s Standard Drawing RF2. Levels in the footpath area must match existing.
• Removal of all driveway crossings and kerb laybacks which will be no longer required.
• Where a grass verge exists, the balance of the area between the footpath and the kerb over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of Couch turf.
An “Application to carry out works in a public road” must be completed and submitted to Council’s Customer Service Centre and approved by Council prior to commencement of construction of a new driveway. For any technical enquiries regarding alteration to existing footpath levels, alignments or inspections, please contact Council’s Works Supervisor on 9391 7982.

I. Conditions which must be satisfied during the ongoing use of the development

All BASIX commitments must be maintained in accordance with the BASIX Certificate No78183S.
Note: This condition affects successors in title with the intent that environmental sustainability measures must be maintained for the life of development under this consent.
Standard Condition: I7

Swimming and Spa Pools must be maintained:
a. in compliance with the Swimming Pools Act 1992 with regard to the provision of child-resistant barriers and resuscitation signs;
b. in compliance with the NSW Health “Public Swimming Pool and Spa Pool Guidelines” in force at that time. Private pools are encouraged to comply with the same standards as applicable;
c. in compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems ;
d. with backwash being discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996, and
e. with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):
• before 8 am or after 8 pm on any Sunday or public holiday, or
• before 7 am or after 8 pm on any other day.
Note : Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems require regular maintenance to ensure that life safety, health and amenity standards are maintained.
Note : The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from:
Standard Condition: I13

Outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting. The maximum luminous intensity from each luminare must not exceed the level 1 control relevant under table 2.2 of AS 4282. The maximum illuminance and the threshold limits must be in accordance with table 2.1 of AS 4282.
Reason : This condition has been imposed to protect the amenity of neighbours and limit the obtrusive effects of outdoor lighting in public places.
Note : This condition has been imposed to control the obtrusive effects of outdoor lighting.
Standard Condition: I42

The use of the premises must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997 .
Reason: This condition has been imposed to protect the amenity of the neighbourhood.
Note : Council will generally enforce this condition in accordance with the Noise Guide for Local Government ( ) and the Industrial Noise Guidelines ( ) publish by the Department of Environment and Conservation. Other state government authorities also regulate the Protection of the Environment Operations Act 1997.

Useful links :
Community Justice Centres — free mediation service provided by the NSW Government ( ).
Department of Environment and Conservation NSW , Noise Policy Section web page ( ).
New South Wales Government Legislation home page for access to all NSW legislation, including the Protection of the Environment Operations Act 1997 and the Protection of the Environment Noise Control Regulation 2000 ( ).
Australian Acoustical Society — professional society of noise-related professionals ( /index.php ).
Association of Australian Acoustical Consultants — professional society of noise related professionals
( ).
Department of Gaming and Racing - ( ).

Standard Condition: I50

• Water is to be collected from the roof only
• All plumbing and drainage work is to be undertaken by a licensed plumber in accordance with the requirements of the NSW Code of Practice for Plumbing and Drainage 3rd Edition 2006.
• Where reticulated water supply is available, cross connection control and backflow prevention shall be in accordance with the requirements of Sydney Water.
• Overflow from the rainwater tank is to be directed to the stormwater drainage system in accordance with Councils requirements.
• Rainwater tank inlets should be screened and tanks provided with tight fitting access covers to prevent ingress of foreign matter and are to be child proofed.
• The rainwater tank is to be mosquito proofed to prevent breeding.
• Signage for rainwater tank outlets and pipes shall be in accordance with the requirements of Sydney Water.

All rainwater tank systems shall be operated and maintained in accordance with the technical provisions of the NSW Code of Practice for Plumbing and Drainage 3rd Edition 2006, AS/NZS 3500 as adopted by the Building Code of Australia, and the NSW Health Guideline "Use of Rainwater Tanks Where a Public Water Supply is Available".
Note: The NSW Health Guideline can be downloaded from . The guideline's introduction states: "In urban areas the public water supply remains the most reliable source of good quality drinking water for the community. In these areas NSW Health supports the use of rainwater tanks for non-drinking uses, such as toilet flushing, washing clothes or in water heating systems, and outdoors for uses such as garden watering, car washing, filling swimming pools, spas and ornamental ponds, and fire fighting. Use of rainwater conserves the public water supply and helps to reduce stormwater impacts. In urban areas NSW Health recommends that people use the public water supply for drinking and cooking because it is filtered, disinfected and generally fluoridated."
Permitted Uses of Stored Rainwater
• Toilet/urinal flushing;
• Clothes washing machines;
• Garden irrigation;
• Car washing and similar outdoor use;
• Filling ornamental ponds
• Filling of swimming pools and spas; and
  Standard Condition: I35

None relevant

K. Advisings

Failure to comply with this development consent and any condition of this consent is a criminal offence . Failure to comply with other environmental laws are also a criminal offence.
Where there is any breach Council may without any further warning:
• Issue Penalty Infringement Notices (On-the-spot fines);
• Issue notices and orders;
• Prosecute any person breaching this consent; and/or
• Seek injunctions/orders before the courts to restrain and remedy any breach.


Warnings as to potential maximum penalties
Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences.

Warning as to enforcement and legal costs
Should Council have to take any action to enforced compliance with this consent or other environmental laws Council’s policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order.
This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action.

Note : The payment of environmental penalty infringement notices does not result in any criminal offence being recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: and the Attorney General’s .
Standard Advising: K1

K.2

The principal contractor , owner builder or any person digging may be held financially responsible by the asset owner should they damage underground pipe or cable networks. Minimise your risk and Dial 1100 Before You Dig or visit .
When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig members who have underground assets in the vicinity of your proposed excavation.

Standard Advising: K2

The Rose Bay Local Area Command closely aligns with the boundaries of the Woollahra local government area.
Council and Police approval is required prior to a partial or full temporary road closure. If you are seeking a partial or full temporary road closure you must comply with the relevant conditions of this consent and you must also gain the approval of the Traffic Sergeant, Paddington Police Station, 16 Jersey Road, Paddington. Phone No. 02 8356 8299 or Fax No. 0283568211.
Warning : If you partially or fully close a road without compliance with Council and Police requirements Council Rangers or the Police can issue Penalty Infringement Notices or Court Attendance Notices leading to prosecution.

Standard Advising: K4

Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder , must appointed a principal contractor for residential building work who must be the holder of a contractor licence.
Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): .
The Owner(s) must appoint the PCA . The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work.

Standard Condition: K5

The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved.
The quality of any development is a function of the quality of the principal contractor’s or owner builder’s supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role.
The NSW Office of Fair Trading have published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: [phone] or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124.
The Guide can be down loaded from:
Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor , contractors and the owner.

Standard Condition: K6

The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of practice and guidelines control and regulate the development industry.
Note : Further information can be obtained from Workcover NSW’s website: or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone [phone], Fax [phone].
Standard Condition: K7

Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current removal licence from Workcover NSW.
Before starting work, a work site-specific permit approving each asbestos project must be obtained from Workcover NSW. A permit will not be granted without a current Workcover licence.
All removal, repair or disturbance of or to asbestos material must comply with:
• The Occupational Health and Safety Act 2000;
• The Occupational Health and Safety Regulation 2001;
• The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)];
• The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1998)] ]; and
• The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors.
Note : The Code of Practice and Guide referred to above are known collectively as the Worksafe Code of Practice and Guidance Notes on Asbestos. They are specifically referenced in the Occupational Health and Safety Regulation 2001 under Clause 259. Under the Occupational Health and Safety Regulation 2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the minimum standards for asbestos removal work. Council does not control or regulate the Worksafe Code of Practice and Guidance Notes on Asbestos. You should make yourself aware of the requirements by visiting or one of Workcover NSW’s offices for further advice.

Standard Advising: K8

It is beyond the scope of this consent to provide detailed information about dealing with lead paint. Painters working in an area containing lead-based paint should refer to Australian Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial Applications, or AS 4361.2–1998, Guide to Lead Paint Management—Residential and Commercial Buildings.
Industrial paints may contain lead. Lead is used in some specialised sign-writing and artist paints, and road marking paints, and anti-corrosive paints. Lead was a major ingredient in commercial and residential paints from the late 1800s to 1970. Most Australian commercial buildings and residential homes built before 1970 contain lead paint. These paints were used both inside and outside buildings.
Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as dust in ceiling, wall and floor voids. If dust is generated it must be contained. If runoff contains lead particles it must be contained. Lead is extremely hazardous, and stripping of lead-based paint and the disposal of contaminated waste must be carried out with all care. Lead is a cumulative poison and even small levels in the body can have severe effects.

Standard Advising: K9

The erection of dividing fences under this consent does not affect the provisions of the Dividing Fences Act 1991. Council does not adjudicate civil disputes relating to the provision of, or payment for, the erection of dividing fences.
Note: Further information can be obtained from the NSW Department of Lands - . Community Justice Centres provide a free mediation service to the community to help people resolve a wide range of disputes, including dividing fences matters. Their service is free, confidential, voluntary, timely and easy to use. Mediation sessions are conducted by two impartial, trained mediators who help people work together to reach an agreement. Over 85% of mediations result in an agreement being reached. Mediation sessions can be arranged at convenient times during the day, evening or weekends. Contact the Community Justice Centre either by phone on 1800 671 964 or at .
Standard Advising: K10

An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act .
The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council’s requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council’s requirements.
Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council’s satisfaction as the case may be.
Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed.
Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period.
Note: The Application for Refund of Security form can be downloaded from

Standard Condition: K15

It is estimated that building waste, including disposable materials, resulting from demolition, excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is also a problem in the generation of dust and the pollution of stormwater. Council encourages the recycling of demolition and building materials.
Standard Condition: K17

Under the Home Building Act 1989 any property owner who intends undertaking construction work to a dwelling house or dual occupancy to the value of $12,000 or over must complete an approved education course and obtain an owner-builder permit from the Office of Fair Trading. See .

Standard Condition: K18

Woollahra Municipal Council's Tree Preservation Order 2006 (TPO) may require that an application be made to Council prior to pruning or removing any tree. The aim is to secure the amenity of trees and preserve the existing landscape within our urban environment.
Before you prune or remove a tree, make sure you read all relevant conditions. You can obtain a copy of the TPO from Council's website or you may contact Council on 9391-7000 for further advice.
Standard Condition: K19

• Water is to be collected from the roof only
• All plumbing and drainage work is to be undertaken by a licensed plumber in accordance with the requirements of the NSW Code of Practice for Plumbing and Drainage 3rd Edition 2006.
• Where reticulated water supply is available, cross connection control and backflow prevention shall be in accordance with the requirements of Sydney Water.
• Overflow from the rainwater tank is to be directed to the stormwater drainage system in accordance with Councils requirements.
• Rainwater tank inlets should be screened and tanks provided with tight fitting access covers to prevent ingress of foreign matter and are to be child proofed.
• The rainwater tank is to be mosquito proofed to prevent breeding.
• Signage for rainwater tank outlets and pipes shall be in accordance with the requirements of Sydney Water.

_______________________

K G Hoffman

Commissioner of the Court

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30/03/2009	-	typographical errors and sentence deleted in conditions and new sentence added in. - Paragraph(s) 10, 14, 19, 15 and 22 and condition c12
20/04/2009	-	Typographical errors - Paragraph(s) 11 and 14