Montgomery v Byron Shire Council - [2010] NSWLEC 1266

No judgment structure available for this case.

Land and Environment Court

of New South Wales

CITATION: Montgomery v Byron Shire Council [2010] NSWLEC 1266

PARTIES:
APPLICANT
Paul Ian Montgomery
RESPONDENT
Byron Shire Council

FILE NUMBER(S): 10600 of 2010

CORAM: Brown C

KEY ISSUES: DEVELOPMENT APPLICATION :- consent orders - relocation and modification of an existing dwelling and two lot strata subdivision - matters raised by objector , character, traffic, flooding

LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Byron Local Environmental Plan 1980

DATES OF HEARING: 17 September 2010

EX TEMPORE JUDGMENT DATE: 17 September 2010

LEGAL REPRESENTATIVES:
APPLICANT
In person
RESPONDENT
Mr A Seton, solicitor
SOLICITORS
Marsdens

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

Brown C

17 September 2010

10600 of 2010 Paul Ian Montgomery v Byron Shire Council
JUDGMENT

1 COMMISSIONER: This matter comes before the Court for consent orders in relation to Development Application DA10.2009.297.1 for the relocation and modification of an existing dwelling and the two lot strata subdivision of the property at 8 Park Street, New Brighton (the site).

2 With the agreement of the parties, the hearing was conducted as an On Site Hearing and the judgement reflects the relevant parts of the Statement of Facts and Contentions, the evidence and the findings given on-site.

3 The site is Lot 312 in DP 755687. It is rectangular in shape with a frontage of 20.115 m to Park Street and a depth of 50.292 m giving a site area of 1012 sq m. An A- framed residential dwelling is located centrally on the site. The site is within Zone 7(f2)(Urban Coastal Land Zone) under Byron Local Environmental Plan 1980 (LEP 1988).

4 The development application provides that proposed Lot 2 will have an area of 506 sq m and be located at the eastern (or rear) part of the site. Lot 2 will contain the existing relocated and modified dwelling currently located on the site. Lot 1 will have an area of 405 sq m and will have a frontage to Park Street. The common property is to comprise a 4 m wide strip along part of the southern boundary to provide access from Park Road to Lot 2.

5 In accordance with the Court’s Practice Note – Class 1 Development Appeals, par 36, provides in part, that:

36. Any application for consent final orders in development appeals will be listed before the Court for determination. The parties will be required to present such evidence as is necessary to allow the Court to determine whether it is lawful and appropriate to grant the consent or approval having regard to the whole of the relevant circumstances, including the proposed conditions. The consent authority will be required to demonstrate that relevant statutory provisions have been complied with and that any objection by any person has been properly taken into account. Additionally, the consent authority will be required to demonstrate that it has given reasonable notice to all persons who objected to the proposal….

6 In response to the Practice Note, Mr Seton provided a bundle of relevant documentation from the council including LEP 1998 and Byron Development Control Plan 2002, Part B, Subdivision (DCP 2002). Having heard from Mr Seton on the relevant provisions of LEP 1998 and DCP 2002, I accept there are is no legal basis that would preclude the Court from granting the consent orders. I note that the only departure from LEP 1998 and DCP 2002 relates to a breach of the Building Height Plane in Part C2.5 of DCP 2002. The extent of the departure was marked on the application plans and showed a very small breach at the top end of each gable. Notwithstanding the departure, I can comfortably conclude that the element objectives are easily satisfied.

7 The Court’s Practice Note also makes provision for an objector to the development to be heard in the Court’s consideration of the consent orders. In this regard, a resident of Gaggan Street, provided evidence of her opposition to the proposed development. Gaggan Street runs parallel to Park Street to the east with common rear boundaries to properties in Park Street. The issues raised by the objector relate to:

an unacceptable change to the character of the area created by the proposed subdivision,
the existing road infrastructure is inadequate for the increased population, and
the effect of flooding on the site.

8 With the benefit of the site view, cadastral documentation provided by the council including aerial photographs with property boundaries, I am satisfied that the proposed subdivision is not inconsistent with the general subdivision pattern in New Brighton. While there are a number of lots that have a similar size and configuration to the subject site, there are also a number of lots that have been subdivided to create lots of a similar size proposed in this application. The subdivision layout could be generally described as mixed but with a predominance of larger lots similar to the site however given that there are no minimum lot sizes for strata subdivision, it would be unreasonable refuse the application on the basis that the character of the area would be unacceptably affected.

9 In my view it would also be unreasonable to refuse the application on the basis of additional traffic given that the application does not propose an additional dwelling on the site although it could reasonably be contemplated in the future. Even if another dwelling is erected on Lot 1, the impacts on traffic and the road network would be minimal, at best.

10 In terms of flooding, the proposed relocated dwelling will be raised above the existing identified flood level identified by the council and again, this issue would not be a reason to refuse the application.

11 Having heard from the objector to the proposed development and an explanation from Mr Seton on the compliance with the relevant statutory requirements, I am satisfied that there is no reason why the consent orders should not be made.

12 The orders of the Court, by consent, are:

____________

G T Brown

Commissioner of the Court

ANNEXURE “A”

CONDITIONS OF CONSENT:

DA10.2009.297.1 FOR RELOCATION AND MODIFICATION OF AN EXISTING DWELLING AND STRATA SUBDIVISION OF 8 PARK STREET NEW BRIGHTON INTO 2 LOTS

PARAMETERS OF THIS CONSENT

The development is to be in accordance with plans listed below:

Plan No. Description Prepared by Dated:

WD1 Site Plan ppdc Aug, 09

WD2 Existing Ground &1^st Floor Plans ppdc Aug, 09

WD4 Elevations ppdc Aug, 09

The development is also to be in accordance with any changes shown in red ink on the approved plans or conditions of consent.
The approved plans and related documents approved by the Land and Environment Court in Proceedings No 10600 of 2010 must be kept on site at all times while work is being undertaken.

The development is to be carried out in the following stages:
Stage 1: Relocation and redesign of existing dwelling-house
Stage 2: Strata subdivision

Where conditions are required to be satisfied prior to a particular event, those conditions are the conditions relevant to the works being carried out in the stage.
The relevant conditions are the conditions deemed necessary, by the Principal Certifying Authority (PCA) appointed for the development, or, where pursuant to the issue of a Construction Certificate, the relevant consent authority.

(1) 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.

(2) This clause 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.

(3) In this clause , a reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant construction certificate is made.

(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.

(6) This clause applies to a development consent granted before 1 July 2004 only if the building work, subdivision work or demolition work involved had not been commenced by that date.
Note: Principal certifying authorities and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

(1) For the purposes of section 80A (11) of the Act , the requirements of this clause are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act1989 .
(2) Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

(a) in the case of work for which a principal contractor is required to be appointed:
(i) the name and licence number of the principal contractor, and
(ii) the name of the insurer by which the work is insured under Part 6 of that Act,
(b) in the case of work to be done by an owner-builder:
(i) the name of the owner-builder, and
(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

(3) 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.
(4) 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.

The following conditions are to be complied with prior to issue of a Construction Certificate – Stage 1

6) Relocation of Existing Dwelling

Stormwater drainage is to be designed to direct all water to a Council approved drainage system to prevent discharge runoff onto adjoining land. The drainage system is to be designed for 1 in 20 year storm event. On-site stormwater detention is required, restricting stormwater discharge to the pre-development runoff rate for a 1 in 5 year storm event. This system must be designed in accordance with AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage. All piped drainage lines over adjoining land are to be located within drainage easements. All costs are the responsibility of the proponent.

An Approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out stormwater drainage work.

The engineering plans and specifications are to be designed by a qualified practising Civil Engineer. The Civil Engineer is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

Engineering plans and specifications are to be submitted in triplicate and must include details in accordance with Appendix C of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

a) The application for a Construction Certificate is to include plans and specifications that indicate the landscaping of the site. This landscaping is to include screening vegetation along the northern side of the internal driveway and along the front boundary. Such landscaping plan must incorporate adequate detail to demonstrate compliance with the provisions of Part H of Development Control Plan 2002. Species identified in Part H of Development Control Plan 2002 are to be planted wherever possible.

Approval

The application for a Construction Certificate is to include plans and specification that indicate vehicular access from the site boundary to the proposed car space(s). Vehicular access must be in accordance with AS 2890.1-2004: Parking facilities, Part 1: Off-street car parking. Plans are to include the following items:

a) pavement description (concrete or approved equivalent);
b) cross sections;
c) drainage.

NOTE: The plans must be in compliance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

A bond of $1000 is to be paid to Council as guarantee against damage to surrounding public land and infrastructure during construction of the proposed development. Evidence is to be provided to Council indicating the pre development condition of the surrounding public land and infrastructure. Such evidence must include photographs. The proponent will be held responsible for the repair of any damage to roads, kerb and gutters, footpaths, driveway crossovers or other assets.

The flood planning level for this development is R.L. 3.7m A.H.D.
The plans and specifications to accompany the construction certificate application are to indicate a minimum floor level that is at/above the flood planning level.

Table 10 - Flood Proofing Code

The application for a Construction Certificate is to include an appropriate flood evacuation/contingency plan for the proposed development in accordance with Part K – Flood Liable Lands of Development Control Plan 2002.

The approved evacuation route shall be consistent with the SES issued advice.

The application for a Construction Certificate is to include details indicating the upgrading of the existing dwelling to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen. Where applicable, this includes any sub-floor areas, openable windows, doors, vents, weepholes and eaves

Such plans and specifications must be approved as part of the Construction Certificate.

The built development granted via development consent number 10.2009.279.1 must cease if at any time the coastal erosion escarpment comes within 50 metres of the building subject of the consent. The built development the subject of this consent must be demolished and removed immediately. Further the landowner must suitably revegetate the land.

In this restriction coastal erosion escarpment means the landward limit of erosion in the dune system caused by storm waves.

All roads, drainage and civil works, required by this development consent and Construction Certificate, are to be completed.

The following conditions are to be complied with prior to commencement of building works – Stage 1

Erosion and sedimentation controls are to be in place in accordance with the Guidelines for Erosion & Sediment Control on Building Sites . A summary of these guidelines is attached. A full copy may be downloaded from Council’s web site at . Particular attention is to be given to the provision of the following sediment and erosion control measures:

a) Temporary driveway from the edge of road to the building site;
b) Temporary downpipes immediately installed after the roof has been erected;
c) Silt fence or sediment barrier.

Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

enclosed

At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within Appendices 2 & 5 of Planning or Bush Fire Protection 2006 and the Service’s document ‘Standards for Asset Protection Zones’.

The following conditions are to be complied with during construction – Stage 1

Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible from adjoining residential premises, can only occur:

a) Monday to Friday, from 7 am to 6 pm.
b) Saturday, from 8 am to 1 pm.

No construction work to take place on Saturdays and Sundays adjacent to Public Holidays and Public Holidays and the Construction Industry Awarded Rostered Days Off (RDO) adjacent to Public Holidays.

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Construction noise is to be limited as follows:
a) For construction periods of four (4) weeks and under, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 20 dB(A).
b) For construction periods greater than four (4) weeks and not exceeding twenty-six (26) weeks, the L10 noise level measured over a period of not less than fifteen (15) minutes when the construction site is in operation must not exceed the background level by more than 10 dB(A)

Note: Council may impose on-the-spot fines for non-compliance with this condition.

Water, electricity and gas are to comply with Sections 4.1.3 of Planning or Bush Fire Protection 2006.

The following conditions are to be complied with prior to occupation of the building – Stage 1

Any Security bond paid for this application will be held until Council is satisfied that no further works are to be carried out that may result in damage to Councils road/footpath reserve.

Existing on-site sewage management system to be decommissioned prior to the issue of the Occupation Certificate.

Landscaping to be completed

The site is to be landscaped in accordance with the approved landscape plan. (see Condition 8)

STAGE 2

27) Subdivision Certificate application required

An application for a Subdivision Certificate must be made on the approved form. The Subdivision Certificate fees, in accordance with Council's adopted schedule of fees and charges, must accompany such application.

A Section 88B Instrument and 1 copy are to be submitted with the application for a subdivision certificate. The final plan of subdivision and accompanying Section 88B Instrument are to provide for:

a) Sewer Easements (As required)

The creation of easements for drainage of sewage over all sewage pipelines and structures located within the proposed allotments in accordance with Council’s policy.

b) Rights of Carriageway (As required)

The creation of suitable rights of carriageway over the access to proposed Lot(s) 1 and 2.

c) Easement for Services (As required)

The creation of any necessary easements for electricity purposes as required by the electricity supply authority.

d) Restricting Habitable Floor Level

A restriction which requires the habitable floor level of any building on proposed Strata Lots 1 & 2. to be at or above the flood planning level for the site.

e) Erosion Escarpment

A restriction which prohibits any residential development between the erosion escarpment and 50 metres landward.

The submission of all test certificates, owners manuals, warranties and operating instructions for civil works, mechanical and/or electrical plant, together with a certificate from a suitably qualified engineer certifying that all works have been constructed in accordance with the approved plans and Council’s current “Northern Rivers Local Government Design and Construction Manuals and Specifications”.

Works-as-executed plans, being both hard copy and electronic format, certified by a suitably qualified engineer or a registered surveyor, are to be submitted with the application for a subdivision certificate. In the case where development involves filling of flood prone land, an additional copy of the works-as-executed plan relating to earthworks and final plan of subdivision must be submitted detailing the 1% flooding contour.

The submission of a certificate from a registered surveyor certifying that all pipelines, structures, access driveways and/or services are located wholly within the relevant easements.

Written evidence from an electricity supply authority is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground electricity supply throughout the subdivision.

36. Telephone Supply Certificate

Written evidence from Telstra is to be submitted with the application for a subdivision certificate stating that satisfactory arrangements have been made for the provision of underground telephone supply throughout the subdivision.

Contributions set out in the attached Schedule are to be paid to Council. Contributions are levied in accordance with the Byron Shire Council Section 94 Development Contribution Plan 2005 dated June 2005 and Byron Shire Council Section 94 Development Contribution Plan 2005 Amendment No. 1 dated 20 July 2005 for Community Facilities, Open Space, Roads, Car Parking, Cycleways, Civic & Urban Improvements, Shire Support Facilities and Administration. The Plan may be viewed during office hours at the Council Offices located at Station Street, Mullumbimby.

The contributions payable will be adjusted in accordance with relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment.

PAYMENTS WILL ONLY BE ACCEPTED BY CASH OR BANK CHEQUE.

All of the works indicated on the plans and approved by this consent, including any other consents that are necessary for the completion of this development, is to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.

A Compliance Certificate shall be obtained with respect to the existing dwelling relocated on site in accordance with the approved plans.

Compliance with bushfire conditions under Section 100B of Rural Fires Act 1997

Documentary evidence from a suitably qualified professional is to be submitted to the PCA demonstrating that the bushfire conditions as issued under Section 100B of the Rural fire Act 1997 have been complied with.

General Terms of Integrated Development Approval

Rural Fire Act 1997 - S100B Authority

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building.

1. At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within Appendices 2 & 5 of Planning or Bush Fire Protection 2006 and the Service’s document ‘Standards for Asset Protection Zones’.

The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to located gas and electricity so as not to contribute to the risk of fire to a building.

2. Water, electricity and gas are to comply with Sections 4.1.3 of Planning or Bush Fire Protection 2006.

The intent of measures is that buildings are designed and constructed to withstand the potential impacts of bush fire attack.

3. The existing dwelling is required to be upgraded to improve ember protection. This is to be achieved by enclosing all openings (excluding roof tile spaces) or covering openings with a non-corrosive metal screen. Where applicable, this includes any sub-floor areas, openable windows, doors, vents, weepholes and eaves

NOTES

Principal Certifying Authority:

Work must not commence until the applicant has:-

appointed a Principal Certifying Authority (if the Council is not the PCA); and

given the Council at least two days notice of the their intention to commence the erection of the building. Notice must be given by using the prescribed ‘Form 7’.

notified the Principal Certifying Authority of the Compliance with Part 6 of the Home Building Act 1989.

Construction Certificate required:

This development consent is issued under the Environmental Planning and Assessment Act 1979 and does not relate to structural aspects or specifications of the building under the Building Code of Australia. All buildings and alterations require the issue of a Construction Certificate prior to works commencing. Application forms are available from the customer services counter or Council’s website Certificate required:

The building must not be occupied until the Principal Certifying Authority has issued an Occupation Certificate.

Schedule of Development Contributions

The following contributions are current at the date of this consent. The contributions payable will be adjusted in accordance with the relevant plan and the amount payable will be calculated on the basis of the contribution rates that are applicable at the time of payment. The current contribution rates are available from Council offices during office hours. Payments will only be accepted by cash or bank cheque.

SCHEDULE OF CONTRIBUTIONS PURSUANT TO SECTION 94 OF THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979

Community and Cultural Facilities
(CF-OS)

1.00

SDU @
$1,651.53
=

$1,651.53

" - Shire Wide
(CF-SW)

1.00

SDU @
$561.76
=

$561.76

Open Space
(OS-OS)

1.00

SDU @
$4,741.51
=

$4,741.51

" - Shire Wide
(OS-SW)

1.00

SDU @
$2,830.11
=

$2,830.11

Roads
(R-OS)

9.00

trips @
$766.29
=

$6,896.60

Cycleways
(CW-OS)

1.00

SDU @
$722.13
=

$722.13

Civic & Urban Improvements
(IM-OS)

1.00

SDU @
$1,119.74
=

$1,119.74

Rural Fire Service
-

=

Surf Lifesaving
(SL-OS)

1.00

SDU @
$27.55
=

$27.55

Administration
(OF-SW)

1.00

SDU @
$762.89
=

$762.89

Total

=

$19,313.82

Certificate of Compliance – Water Management Act 2000

A Certificate of Compliance will be issued on completion of construction of water management works to serve the development and/or on payment of developer charges for water and sewer as calculated in accordance with Byron Shire Council and Rous County Council Development Servicing Plans.

Note: Copies of the application forms for Certificates of Compliance are available on Council’s website or from Council’s Administration Office. Copies of Byron Shire Council’s Development Servicing Plans are available at Council’s Administration Office.

The following charges are indicative only. Developer charges will be calculated in accordance with the Development Servicing Plan applicable at the date of payment. A check must be made with Council to ascertain the current rates.

Water

(S64W Other)

1.00

ET @
$1,190.00
=

$1,190.00

Bulk Water

(BW-OS)

1.00

ET @
$3,685.00
=

$3,685.00

Sewer

(S64S Other)

1.00

ET @
$9,022.00
=

$9,022.00

Total

=

$13,897.00

The following works in the road reserve are granted consent pursuant to Section 138 of the Roads Act 1993.

Bitumen sealed driveway with concrete drainage gutter in general accordance with Council’s standard drawings, from the edge of the road seal to the property boundary

This consent is issued by Byron Shire Council, being the road authority, for the above proposed works and/or structures subject to the following conditions:

1) Driveway is to be constructed in general accordance with Council's current “Northern Rivers Local Government Development Design & Construction Manuals and Standard Drawings”.

2) All work is to be in accordance with Council’s adopted standards.

3) Twenty four hours notice must be given for inspections.

4) All care is to be taken to ensure the safety of the public in general, road users, pedestrians and adjoining property. The developer and/or contractor must produce evidence to Council of Public Liability Insurance cover for a minimum of $10 Million prior to the commencement of any works. Council is to be named as a Principal in the policy. Council is not be held responsible for any negligence caused by the undertaking of the works.

Please contact Council’s Asset Acceptance Officer for the booking of inspections on (02) 6626 7075.

REASONS

To ensure the potential impacts from flooding are minimised.
To provide adequate off street parking space for the anticipated traffic that will be generated by the development.
To ensure adequate access to and from the development.
To ensure that appropriate landscaping is provided.
To provide funds for the provision of services and facilities as required by the increased population or activity.
To prevent the public footpath from being obstructed.
To minimise the possible adverse effects from bushfires.
To ensure public health and safety.
To ensure compliance with Section 68 of the Local Government Act 1993.
To ensure compliance with the Roads Act 1993.

______________
G T Brown
Commissioner of the Court

Actions

Download as PDF Download as Word Document

Citations

Montgomery v Byron Shire Council [2010] NSWLEC 1266

Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

2

CITATION:	Montgomery v Byron Shire Council [2010] NSWLEC 1266
PARTIES:	APPLICANT Paul Ian Montgomery RESPONDENT Byron Shire Council
FILE NUMBER(S):	10600 of 2010
CORAM:	Brown C
KEY ISSUES:	DEVELOPMENT APPLICATION :- consent orders - relocation and modification of an existing dwelling and two lot strata subdivision - matters raised by objector , character, traffic, flooding
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979 Byron Local Environmental Plan 1980
DATES OF HEARING:	17 September 2010
EX TEMPORE JUDGMENT DATE:	17 September 2010
LEGAL REPRESENTATIVES:	APPLICANT In person RESPONDENT Mr A Seton, solicitor SOLICITORS Marsdens

Plan No.	Description	Prepared by	Dated:
WD1	Site Plan	ppdc	Aug, 09
WD2	Existing Ground &1^st Floor Plans	ppdc	Aug, 09
WD4	Elevations	ppdc	Aug, 09

Community and Cultural Facilities	(CF-OS)	1.00	SDU @	$1,651.53	=	$1,651.53
" - Shire Wide	(CF-SW)	1.00	SDU @	$561.76	=	$561.76
Open Space	(OS-OS)	1.00	SDU @	$4,741.51	=	$4,741.51
" - Shire Wide	(OS-SW)	1.00	SDU @	$2,830.11	=	$2,830.11
Roads	(R-OS)	9.00	trips @	$766.29	=	$6,896.60
Cycleways	(CW-OS)	1.00	SDU @	$722.13	=	$722.13
Civic & Urban Improvements	(IM-OS)	1.00	SDU @	$1,119.74	=	$1,119.74
Rural Fire Service	-	=
Surf Lifesaving	(SL-OS)	1.00	SDU @	$27.55	=	$27.55
Administration	(OF-SW)	1.00	SDU @	$762.89	=	$762.89
Total	=	$19,313.82

Water	(S64W Other)	1.00	ET @	$1,190.00	=	$1,190.00
Bulk Water	(BW-OS)	1.00	ET @	$3,685.00	=	$3,685.00
Sewer	(S64S Other)	1.00	ET @	$9,022.00	=	$9,022.00
Total	=	$13,897.00