Nakhla v Canterbury City Council
[2009] NSWLEC 1445
•22 December 2009
Land and Environment Court
of New South Wales
CITATION: Nakhla v Canterbury City Council [2009] NSWLEC 1445 PARTIES: APPLICANT
RESPONDENT
George Nakhla
Canterbury City CouncilFILE NUMBER(S): 10469 of 2009 CORAM: Murrell C KEY ISSUES: DEVELOPMENT APPLICATION :- for child care centre - traffic and parking; safety; noise; and residential amenity. LEGISLATION CITED: Environmental Planning and Assessment Act 1979
State Environmental Planning Policy No. 1
Canterbury Development Control PlanDATES OF HEARING: 22 December 2009 EX TEMPORE JUDGMENT DATE: 22 December 2009 LEGAL REPRESENTATIVES: APPLICANT
Mr Bruce Goldsmith, agentRESPONDENT
Mr Adam Seton, solicitor
Marsdens Law Group
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESMurrell C
22 December 2009
JUDGMENT10469 of 2009 George Nakhla v Canterbury City Council
1 The applicant is seeking consent for a 25 place child care centre at No. 106 Moorefields Road, Kingsgrove, on the south west corner of Glamis Street. This matter has come before me today as consent orders and the Court's role in consent orders is to hear from objectors and understand their concerns and for the Court to be satisfied that the initial contentions raised by the Council have been addressed whether by way of amended plans or conditions. The Court must carry out a merits assessment.
2 This development application has a long history and was originally submitted in 2005 and at that time a 40 place centre was proposed that was subsequently reduced to 33 children and the application before the Court now is for 25 children. The reason for the reduction in numbers is to satisfy the Council in terms of the location of play areas and the areas required per child for internal and external spaces.
3 I note that the original development application for 40 children was submitted to the Local Traffic Committee for consideration. This Committee at that time raised no objection to the proposal in assessing the capacity of the road system and the parking availability outside the long boundary to Glamis Street.
4 The Court has heard from resident objectors here on site this morning. Mr and Mrs Bridge gave evidence to the Court about their concern for safety of children and the process by which consideration has been given to the safety issues.
5 Mr and Mrs Nevin also gave evidence and they reside in the adjoining property. They are concerned about safety and the fact that there is no foot path in the street that is a dead-end narrow street. They also expressed concern about the traffic congestion in particular along Moorefields Road on occasions the M5 closes and expressed concern about the passing of vehicles in the relatively narrow street.
6 Mr Monaghan also gave evidence to the Court and he expressed similar concerns and as did Mr Domenack. The Court has been taken to the relevant reports in Councils bundle and the assessments carried out by council's officers.
7 At the beginning of the proceedings the Court heard from Mr Seton for the council and he identified that the council's initial grounds for refusal were:
- non-compliance with the floor space ratio;
car parking;
a first-floor play area not being appropriate;
the details of the shade structure;
the acoustic impacts of the proposal; and
stormwater and landscaping.
8 The council is satisfied that the above issues have now been resolved through amended plans subject to conditions and the Court has been taken to those specific conditions, today.
9 I am also satisfied in accordance with the Court practice direction that the consent orders now before the Court have been advised to those that made objection to the proposal by letter of the 10th of December. The Court has also been appraised of a SEPP 1 objection, which was submitted in respect of the floor space ratio.
10 The LEP zones the subject site 2(a) residential wherein a childcare centres is a permissible use with the consent of the Council.
11 Clause 44 of the LEP has a requirement for a floor space ratio 0.4:1 and the applicant has submitted a SEPP 1 to vary FSR although there is also a point about whether a SEPP 1 is required because in fact the clause refers to the erection of dwellings as such, nonetheless, for surety a SEPP 1 has been submitted and the Court sees no reason as to why the SEPP 1 should not be allowed. On council’s calculation if the voids are included in the calculation it is something in the vicinity of 0.6:1 on the applicant's calculation excluding the void areas that is the double storey air space above the ground floor, the FSR is 0.44:1.
12 The application requires removal of certain parts of the upstairs area such that it is not to be used as play areas, an original concern of the council. This area is not to be used in the childcare centre for the accommodation of the children and the amended plans now reflect this to the Council’s satisfaction.
13 Two car parking spaces are proposed on-site for staff and this is in accordance with Council's Development Control Plan. I have had regard to the Development Control Plan for car parking which requires two spaces, one space per two staff, and the proposal is for four full-time staff members and one part-time cook between the hours of 10:30am and 1pm. Given the availability of parking on-street for the cook, the Court sees no reason as to why the variation as supported by council should not be agreed to.
14 The Court also had regard to the amended Development Control Plan for the location of childcare centres and this amended DCP does not allow child care centres located on main roads. Moorefields Road is included in the list of main roads. The DCP also has a number of objectives for childcare centres sites including being favourably located for traffic parking and noise and safety of children.
15 Whilst the proposed development application is assessed under council's former DCP for childcare centres, I have also had regard to the amended Development Control Plan because clearly it represents Council's future planning and it is now in force although there is a savings provision for this application to be assessed under the former DCP.
16 The Court in looking at the location of childcare centres on main roads, I must have regard to the objectives of the requirement for the location and I am satisfied that the proposed development is one that is not anti-pathetic to the objectives of the control and the location with the frontage to Moorefields Road with the side access street, a local street and one that on the advice of the Council's engineers and the local traffic committee is one that would not be adversely impacted by the additional traffic generated by the proposal for a 25 place centre. I am satisfied the location there is no reason as to why the proposal should not be agreed to by the Court as reflected in the consent orders handed up to the Court this morning.
17 The Court has considered the concerns of the residents. The Court has the benefit today of seeing that with a car parked on the either side of the road, with the road pavement 9.1 metres wide that cars can pass that is a car in each direction north and south. Clearly cars would have to slow down in the circumstances where there are cars parked either side, however there is available room for this to the accommodated and in fact slowing of traffic is considered appropriate and this allows the passing of vehicles.
18 I am satisfied with the additional conditions that have been proposed and agreed to between the parties, that is the extension of the footpath from the out driveway of the subject premises to connect with the footpath on Moorefields Road will be an improvement and also a community benefit such that people do not need to walk on the road pavement for this part of the street near the corner for the boundary of this site with Glamis Street.
19 The Court has also had regard to the traffic reports and recommendations of the local traffic committee in that “No Stopping” are to be erected such that there is no stopping 10 metres from the intersection of Moorefield's Road along Gramis Street and no stopping for 10 metres in front of the subject site on Moorefields Road. This will improve site distances not just for the childcare centre but generally for the traffic entering and leaving the street.
20 The applicant has also agreed to incorporate additional conditions in the management plan so that parents are instructed when dropping off and picking up children that they leave the site in a forward direction using the local road system to discourage turning of vehicles in driveways. This has been embraced by the applicant, as have other conditions to provide advice to parents with respect to the safe operation of parking on street and taking children from the car on the kerb site and also ensuring that children are not left in vehicles whilst parked. Also the need to advise the centre if more than the normal drop off period is required so that parking occurs in other parts of the street such that there is no congestion for the 10 minute drop-off area outside the subject site on Glamis Street.
21 The Court has considered the concerns of the residents and I have taken the time here this morning to understand their concerns and with the conditions now proposed and the amendments to the plans I see no reason as to why the Court should not agree to the consent orders as handed up by the parties today.
22 The conditions of consent, are to ensure the smooth operation of the centre and also to reduce adverse impacts on adjoining properties. A childcare centre of 25 children in terms of acoustic amenity can also be accommodated on the subject site as evidenced in the expert reports of Day Design and Council's consultant acoustic engineer Mr Cooper, who has advised that independent monitoring be required after the full operation of the centre, at the applicant's expense, with an independent acoustic engineer appointed by the Council.
23 There is also a condition for two hours maximum play outside, one hour in the morning in one hour in the afternoon, to satisfy the noise criteria of background plus 10 dba and for other times background + 5 dba is to be achieved for the operation of the centre.
24 The management plan is to be amended to incorporate the additional matters put forward this morning and the landscape plan has a note for the provision of an appropriate footpath outside the property in Glamis Street.
25 Accordingly by consent the formal orders of the Court are:
- 1. The appeal in respect of the property known as No. 106 Moorefields Road, Kingsgrove is upheld.
2. The development application submitted to Canterbury City Council, and as amended, is determined by the granting of consent subject to the conditions in Annexure A.
3. The exhibits except the plans and conditions Exhibits B, C and 2 are returned to the parties.
___________________
- J S Murrell
Commissioner of the Court
ljr
Annexure ‘A’
Conditions of Consent
Nakhla v Canterbury City Council
Development Application No. 1129/2005 –
106 Moorefields Road, Kingsgrove
Alterations to existing dwelling and use of premises
as a child care centre for twenty five children
GENERAL
1. The development must be carried out in accordance with the following plans and documents, except where modified by other conditions of this consent:
- 1.1. Plans prepared by Merkorious Construction Pty Ltd, amended date 29/9/2009, marked Drawing No.: 25-11 CHIL/007 Sheets 1/6, 2/6, 3/6, 4/6, 5/6 & 6/6, being exhibit “B” in Land and Environment Court Proceedings No.10469 of 2009.
2. Two off-street car spaces must be provided in accordance with the submitted plans.
3. Any security lighting to be installed must not affect the amenity of the adjoining residences.
4. The hours of operation are limited to between 7.00 a.m. and 6.00 p.m. Mondays to Fridays.
5. The maximum number of persons working on the premises is limited to four (4) full time staff and a part time cook.
6. The premises must be licensed by the NSW Department of Community Services to cater for 25 children: 15 of which aged 2-3 years old; and 10 of which aged 3-6 years old. Any increase in the number of children will require the further consent of Council.
7. The child care centre is to be operated in accordance with the submitted ‘Plan of Management and Daily Routine’ schedule, being exhibit “3” (as amended) in Land and Environment Court Proceedings No.10469 of 2009.
8. Boundary fencing shall be lapped and capped timber fencing at the applicant’s cost.
9. The proposed development is to comply with the Children’s Services Regulation 2004.
10. All materials must be stored wholly within the property boundaries and must not be placed on the footway or roadway.
11. All building operations for the erection or alteration of new buildings must be restricted to the hours of 7.00 a.m. - 5.00 p.m. Monday to Saturday, except that on Saturday no mechanical building equipment can be used after 12.00 noon. No work is allowed on Sundays or Public Holidays.
12. Council’s warning sign for Soil and Water Management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.
13. All building construction work must comply with the Building Code of Australia.
14. Council’s warning sign for Soil and Water Management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction.
15. The capacity and effectiveness of erosion and sediment control devices must be maintained at all times.
16. Concrete pumping contractors must not allow the discharge of waste concrete to the stormwater system. Waste concrete must be collected and disposed of on-site.
17. Materials must not be deposited on Council’s roadways as a result of vehicles leaving the building site. The proposed structure being erected so as to stand wholly within the boundaries of the allotment.
DISABILITY ACCESS
18. Within the accessible toilet facility, circulation space and grabrails should be provided and positioned to comply with Clause 10 of AS 1428.1. This facility should provide a clearance of at least 1000mm between the WC pan and washbasin to ensure ease of transfer for a person in a wheelchair.
19. A continuous accessible path of travel is to be maintained within the premises providing access to all public areas and facilities within. There should be no step, lip or significant level change on this path that may hinder the passage of a person in a wheelchair.
20. Any step or significant level change within the building is to be addressed by means of a ramp that complies with AS 1428.1 Clause 5 for width and gradient.
SIGNAGE
21. A 10-Minute Parking zone (Monday to Friday 7.00am-9.00am and 4.00pm-6.00pm) must be installed on the eastern side of Glamis Street (as per the plan annexed and marked “A”).
22. “No Stopping” zones must be installed at the intersection of Glamis Street and Moorefields Road (as per the plan annexed and marked “A”).
23. All costs associated with the signs and installation be borne by the Applicant.
ACOUSTICS
24. The underside of the roof of the covered outdoor play area must be treated with sound absorptive material to reduce the reverberant noise during outdoor playtime.
25. Noise emission from the site (including activities from within the centre, external to the centre and the mechanical plant when assessed as an Leq (15 minutes) at any point in or on an adjoining or nearby residential property shall not exceed background + 10dB(A) for no more than two (2) hours per day and for the remainder of the operating time, no more than background + 5dB(A).
26. Within 60 days of the centre becoming operational at or near maximum capacity, an acoustic compliance test shall be undertaken to determine compliance with condition 25. Such testing is to be carried out by an independent acoustic engineer/consultant selected and instructed by Council with the costs of such testing to be paid for by the Applicant. Any matters of non-compliance with condition 25 shall be rectified at the direction of the independent acoustic consultant/engineer within 14 days of receipt of the report which are then subject to retesting and reporting.
ENGINEERING
27. The stormwater system in general must be constructed in accordance with the plans, specifications and details received by Council on 2nd November 2009; job number 10/2009, Rev B, dated 26/10/2009 by G & R Constructions & Design Pty. Ltd and as amended by the conditions of this consent.
28. The levels of the control pit for the above ground detention basin shall be changed to 50.70 for the invert level and 51.00 for the grate or surface level.
29. All downpipes, grated drains, pits and drainage pipes shall be installed to ensure that stormwater is conveyed from the site and into Council’s stormwater system in accordance with AUS-SPEC Specification D5 “Stormwater Drainage Design”, AS/NZS3500.3 and Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”.
30. Three (3) copies of plans and calculations must be submitted to the Principal Certifying Authority prior to the issue of Construction Certificate. The plans must be prepared by a practicing Civil Engineer and include levels reduced to Australian Height Datum (AHD) and full details of the hydraulic evaluation of the entire stormwater drainage system. The details shall be prepared in accordance with Council’s Stormwater Management Manual – Specification 9.
31. A Works-as-Executed plan must be submitted at the completion of the work to Canterbury City Council, indicating all the site drainage and the OSD system. The plan shall be prepared by a registered surveyor or an engineer. The plan shall record all the relevant design levels and dimensions of the OSD system. Certification from an accredited engineer must be provided to certify that all work has been carried out in accordance with the approved plans and relevant codes and standards. An appropriate instrument must be registered on the title of the property, concerning the presence and ongoing operation of the OSD system as specified in appendix 7.5 of Council’s Stormwater Management Manual – Specification 9.
32. A full width light duty vehicular crossing shall be provided at the vehicular entrance to the site, with a maximum width of 3.5 metres at the boundary line. This work to be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.
33. The applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development. Any such work being carried out at the applicant’s cost.
34. The levels of the street alignment are to be obtained by payment of the appropriate fee to Council. These levels are to be incorporated into the designs of the internal pavements, carparks, landscaping and stormwater drainage. Evidence must be provided that these levels have been adopted in the design. As a site inspection and survey by Council is required to obtain the necessary information, payment is required at least 14 days prior to the levels being required.
35. A qualified practicing Civil Engineer shall design the pavements and certify that all driveways, parking and service areas have been constructed in accordance with the approved specifications. Design to be carried out in accordance with AUS-SPEC #1 Specification D2-Pavement Design. Construction is to be carried out in accordance with appropriate AUS-SPEC #1 Specifications: C242-Flexible Pavements; C245-Asphaltic Concrete; C247-Mass Concrete Subbase; C248-Plain or Reinforced Concrete Base; C254-Segmental Paving; C255-Bituminous Microsurfacing.
36. Full width grated drains must be provided across each vehicular entrance/exit to the site where internal areas drain towards the street, and be connected to the street drainage system in accordance with Clause 4 of Council’s Stormwater Management Manual - Specification 9 “A Guide for Stormwater Drainage Design”.
37. All redundant vehicular crossings shall be replaced with kerb and the footpath reserve made good by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.
38. The construction of concrete footpath paving and associated works along all areas of the site fronting Glamis Street is required. This requires the construction of a concrete footpath along Glamis Street from the driveway of the premises to the existing footpath in Moorefields Road. Work must be carried out by Council or an approved contractor, at the applicant’s cost. The work is to be carried out in accordance with Council’s “Specification for the Construction by Private Contractors of: a) Vehicle Crossings, b) Concrete Footpath, c) Concrete Kerb & Gutter”.
LANDSCAPING
39. Landscaping must be completed according to the submitted landscape plan (drawn by Michael Sui, drawing L01/1-R14619 and dated 30 September 2009) and with AUS-SPEC Specification 0257-Landscape – Roadways and Street Trees, being exhibit “C” in Land and Environment Court Proceedings No.10469 of 2009, except where amended by the conditions of consent. The landscaping is to be maintained at all times to the Council's satisfaction.
40. The existing street tree, Melaleuca quinquenervia (common name Broad-leafed paperbark) must be retained and protected during construction. This is an established street tree which forms part of a continuous street tree planting plan for Moorefields Road and as such its retention is warranted. A min. 6 metre radius (measured from the edge of the tree trunk) tree protective barrier must be erected around the tree’s trunk prior to construction. This tree protection barrier must be of rigid construction and is to be erected around the perimeter of the TPZ prior to the commencement of any site works. This barrier must be well maintained during construction. No building material or construction activity shall be allowed to encroach within this tree protection zone.
41. The 2 x existing street trees, callistemon viminalis (common name Weeping bottlebrush), growing on Glamis Street, must be retained and protected during construction. A min. 2 metre radius (measured from the edge of the tree trunk) tree protective barrier must be erected around the tree’s trunk prior to construction. This tree protection barrier must be of rigid construction and is to be erected around the perimeter of the TPZ prior to the commencement of any site works. This barrier must be well maintained during construction. No building material or construction activity shall be allowed to encroach within this tree protection zone.
42. The existing property tree, Eucalyptus spp. (common name Eucalyptus tree) growing in the front yard along the western boundary and marked to be retained on the submitted landscape plan, must be retained and protected during construction. This is an established property tree and will provide visual amenity to the street. A min. 2 metre radius (measured from the edge of the tree trunk) tree protective barrier must be erected around the tree’s trunk prior to construction. This tree protection barrier must be of rigid construction and is to be erected around the perimeter of the TPZ prior to the commencement of any site works. This barrier must be well maintained during construction. No building material or construction activity shall be allowed to encroach within this tree protection zone.
43. All other property vegetation may be removed to accommodate construction.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
44. The following must be submitted to either Council or an Accredited Certifier prior to the issuing of a Construction Certificate:
- Proposed fire safety measures
- Structural Engineering Plan
- Building Specifications
- Sydney Water Notice of Requirements
- Mechanical ventilation
- Disabled Access, WC
- Compliance with Section J of the BCA
- Protection of Openings
- Compliance with Specification C1.10 of BCA
- 44.1. Details of:
44.3. Payment to Council of:
- Kerb and Gutter Damage Deposit $1100.00
Certificate Registration Fee $30.00
Long Service Levy $245.00
- Construction Certificate Application Fee $382.50
Inspection Fee $450.00
Occupation Certificate Fee $85.00
- Note 1 : Long Service Leave is payable where the value is $25,000 or more under Part 5 Section 36 of the Building and Construction Industry Long Service Payments Act 1986.
Note 2 : If you appoint a Principal Certifying Authority other than Council, the fees shown in this item do not apply, however other fees will apply.
Note 3 : When the items in this condition are provided and have been assessed as satisfactory, your Construction Certificate will be posted to you.
Note 4 : All Council fees referred to above are subject to change. You need to refer to our website or contact our Customer Service Centre for a current schedule of fees prior to payment.
BEFORE COMMENCING THE DEVELOPMENT
45. Before the erection of any building in accordance with this Development Consent;
- 45.1. detailed plans and specifications of the building must be endorsed with a Construction Certificate by the Council or an Accredited Certifier, and
45.2. you must appoint a Principal Certifying Authority (either Canterbury City Council, or an Accredited Certifier) and notify the Council of the appointment (see Attachment – Notice of Commencement copy), and
45.3. you must give the Council at least 2 days notice of your intention to commence erection of the building (see Attachment – Notice of Commencement copy).
45.4. In the case of work which includes residential development, you must inform us in writing before the commencement of work of the following:
- 45.4.1. The name and contractor or licence number of the licensee who has contracted to do or intends to do the work; or
45.4.2. The name and permit number of the owner-builder who intends to do the work.
SITE SIGNAGE
46. A sign shall be erected at all times on your building site in a prominent position stating the following:
- 46.1. The name, address and telephone number(s) of the principal certifying authority for the work, and
46.2. The name of the person in charge of the work site and a telephone number at which that person may be contacted during and outside working hours, and
46.3. That unauthorised entry to the work site is prohibited.
DEMOLITION
47. Demolition must be carried out in accordance with the following:
- (a) Demolition of the building is to be carried out in accordance with applicable provisions of Australian Standard AS 2601-2001: The Demolition of Structures and the Construction Safety Act Regulations.
(b) The demolition of a structure or building involving the removal of dangerous or hazardous materials, including asbestos or materials containing asbestos must be carried out in accordance with the requirements of the Workcover Authority of New South Wales (Ph. 9370 5099 – Asbestos Hotline).
(c) Demolition being carried out in accordance with the requirements of the Occupational Health and Safety Regulation 2001.
(d) A hoarding or fence must be erected between the building or site of the building and the public place, if the public place or pedestrian or vehicular traffic is likely to be obstructed or rendered inconvenient because of the carrying out of the demolition work.
(e) Demolition of buildings is only permitted during the following hours:
7.00 a.m. – 5.00 p.m. Mondays to Fridays
7.00 a.m. – 12.00 noon Saturdays
No demolition is to be carried out on Sundays or Public Holidays.
(f) Burning of demolished building materials is prohibited.
(g) Adequate care is to be taken during demolition to ensure that no damage is caused to adjoining properties.
(h) Soil and water management facilities must be installed and maintained during demolition in accordance with Council's Stormwater Management Manual. If you do not provide adequate erosion and sediment control measures and/or soil or other debris from the site enters Council's street gutter or road you may receive a $1500 on-the-spot fine.
(i) Council’s Soil and Water Management warning sign must be displayed on the most prominent point on the demolition site, visible to both the street and site workers. The sign must be displayed throughout demolition.
(j) The capacity and effectiveness of soil and water management devices must be maintained at all times.
(k) During the demolition or erection of a building, a sign must be provided in a prominent position stating that unauthorised entry to the premises is prohibited and contain all relevant details of the responsible person/company including a contact number outside working hours.
(l) A sign is not required where work is being carried out inside, or where the premises are occupied during the works (both during and outside working hours).
(m) Toilet facilities must be provided to the work site in accordance with WorkCover’s NSW “CODE OF PRACTICE” for Amenities for construction work and any relevant requirements of the BCA.
(n) Removal, cleaning and disposal of lead-based paint conforming to the current NSW Environment Protection Authority's guidelines. Demolition of materials incorporating lead being conducted in strict accordance with sections 1.5, 1.6, 1.7, 3.1 and 3.9 of Australian Standard AS2601-2001: Demolition of Structure. Note: For further advice you may wish to contact the NSW Community LEAD Advisory Service on 9716 0132 or 1800 626086 (freecall)
(o) Hazardous dust not being allowed to escape from the site. The use of fine mesh dust proof screens or other measures are recommended.
(p) Any existing accumulations of dust (eg. ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter. All dusty surfaces and dust created from work is to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.
SYDNEY WATER REQUIREMENTS
48. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to “Your Business” section of Sydney Water’s web site at then the “e-developer” icon or telephone 13 20 92. Following application, a “Notice of Requirements” will be forwarded detailing water and sewage extensions to be built and charges to be paid. Please make early contact with the Co-ordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.
The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the final plan of subdivision.
A copy of Sydney Water’s Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.
49. The approved plans shall be submitted to the appropriate Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site see Your Business, then Building & Developing, then Building & Renovating, or telephone 13 20 92.
CRITICAL INSPECTIONS
50.1. at the commencement of the building work, and
50.2. prior to covering any stormwater drainage connections, and
50.3. after the building work has been completed and prior to any occupation certificate being issued in relation to the building.
ADDITIONAL INSPECTIONS
51. Section 81(A) of the EP&A Act 1979 requires that a person having the benefit of a development consent, if not carrying out the work as an owner-builder, must notify the principal contractor for the building work of any critical stage inspections and other inspections that are to be carried out in respect of the building work, as nominated in this development consent.
- To arrange an inspection by Council please phone 9789-9300 during normal office hours.
COMPLETION OF DEVELOPMENT
52. Obtain an Occupation Certificate/Interim Occupation Certificate from the Principal Certifying Authority before partial/entire occupation of the development.
WE ALSO ADVISE:
53. Preferred access to the site via Glamis Street and departure via Mydell/Armitree Streets (roundabout) to regain entry onto Moorefields Road.
54. Where Council is appointed as the Principal Certifying Authority, you will be required to submit Compliance Certificates in respect of the following:
· Structural engineering work
· Air handling systems
· Protection from termites
· Certificate/Schedule of essential fire safety measures
55. Your attention is directed to the following construction requirements of the Building Code of Australia:
- 55.1. Structural Engineer’s details being approved by the Principal Certifying Authority for all concrete footings, slabs, retaining walls and structural steel prior to building work reaching each respective stage. The details must be prepared by a suitably qualified (eg. Bachelor of Engineering) practising structural engineer who has/is eligible for membership of the Institution of Engineers Australia, and be accompanied by a completed Structural Design Certificate (SC1101a copy attach ed).
55.2. Glazing materials shall be selected and installed in accordance with the relevant provisions of BCA Section B1.4 Clause B1.3 and Australian Standard 1288 and 2047.
55.3. Termite risk management complying with BCA Clause B1.4 (1); and comprise termite resistant materials, or alternatively:
- (a) protect primary building elements (structural elements) from attack by subterranean termites (compliance with AS 3660 Part 1)
(b) furnish evidence from an accredited applicator/qualified pest controller of the methods to be used to achieve this before commencement of construction.
(c) permanently affix a durable notice to the building in a prominent location (such as a meter box or the like), indicating:
- (ca) the method of protection;
(cb) the date of installation of the system;
(cc) where a chemical barrier is used, its life expectancy as listed on the National Registration Authority Label;
(cd) the installer's or manufacturer's recommendations for the scope and frequency of future inspections.
55.5. Waterproofing of wet areas to BCA Clause F1.7 and Australian Standard 3740.
55.6. The early fire hazard properties of materials/carpets and the like complying with the requirements of BCA Specification C1.10. Certificates and documentation verifying properties and the use of materials on the premises are required for any health care or public entertainment building.
55.7. Each exit door must swing in the direction of egress (unless it serves a building or part with a floor area not more than 200m², it is the only required exit from the building or part and is fitted with device for holding it in the open position) to BCA Clause D2.20.
55.8. Access and toilet facilities for disabled people being provided in accordance with BCA Part D3, Part F2.4, and AS 1428.1. Full details including ramp widths, gradients, layouts and the like must be submitted for approval to the Principal Certifying Authority.
55.9. Install closet fixtures and washbasins for children of a size suitable for use to BCA Clause F2.4.
55.10. Waterproofing of wet areas to BCA Clause F1.7 and Australian Standard 3740.
56. The relevant Council Manuals and AUS-SPEC specifications referred to are available from Council for a fee.
57. Private contractors shall submit an application and pay an inspection fee to Council seven days prior to commencement of any works on the footpath or roadway. No work shall be carried out without Council approval.
58. The applicant is to ensure that landscaping and hydraulic plans are co-ordinated. Hydraulic details such as pits, stormwater lines, detention tanks and retaining walls are to be shown on the Landscape Plan as these can affect layout of garden beds and plantings.
59. Any works to be carried out by Council at the applicant’s cost need to be applied for in advance.
60. Before you dig, call “Dial before you Dig” on 1100 (listen to the prompts) or facsimile 1300 652 077 (with your street no./name, side of street and distance from the nearest cross street) for underground utility services information for any excavation areas.
61. In granting this approval, the statutory requirements, design, materials and architectural features of the building have been considered. No variation to the approved design and external appearance of the building (including colour of materials) will be permitted without the approval of Council.
62. Compliance with the Building Code of Australia does not guarantee protection from prosecution under “The Disability Discrimination Act”. Further information is available from the Human Rights and Equal Opportunity Commission on 1800 021 199
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J S Murrell
Commissioner of the Court
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