Provincial Planning Pty Limited v Hornsby Shire Council - [2004] NSWLEC 461

No judgment structure available for this case.

Land and Environment Court

of New South Wales

CITATION: Provincial Planning Pty Limited v Hornsby Shire Council [2004] NSWLEC 461

PARTIES: APPLICANT:
Provincial Planning Pty Limited
RESPONDENT:
Hornsby Shire Council

FILE NUMBER(S): 10290 of 2004

CORAM: Watts C at 1

KEY ISSUES: Development Application :- Vehicular access arrangements off New Line Road

LEGISLATION CITED: Hornsby Shire Local Environmental Plan 1994, (HSLEP) - State Environmental Planning Policy No 11 - Traffic Generating Development, (SEPP11) - State Environmental Planning Policy No 44 - Koala Habitat, (SEPP44) - State Environmental Planning Policy No 55 - Remediation of Land, (SEPP55) - Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River, (SREP20) - Dural Service Centre Development Control, (DSCDCP) - Car Parking Development Control Plan, (CPDCP) - Access and Mobility Development Control Plan, (AMDCP) - Outdoor Advertising Development Control Plan, (OADCP) - Sustainable Water Development Control Plan, (SWDCP) - Hornsby Shire Council Policy and Guidelines for Noise and Vibrating Generating Development; (Noise Policy) - Environmental Planning and Assessment Regulations, 2000 - Environmental Planning and Assessment Act ss 79C and 97

CASES CITED:

DATES OF HEARING: 18/08/2004

EX TEMPORE
JUDGMENT DATE : 08/18/2004

LEGAL REPRESENTATIVES:
APPLICANT:
Dr S Berveling, barrister, instructed by the applicant
SOLICITORS:
N/A
RESPONDENT:
Mr A Pickup, solicitor
SOLICITORS:
Hornsby Shire Council

JUDGMENT:

Appeal No: 10290 of 2004

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
Watts C
18 August 2004
10290 of 2004
Provincial Planning Pty Limited v Hornsby Shire Council
JUDGMENT
1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the decision of the Hornsby Shire Council (the council) to refuse an integrated development application to demolish existing structures and to erect thirty-seven (37) industrial buildings (factory/ warehouse), and one (1) service shop, associated roadworks and strata subdivision at Lot 1 DP 207635, being No 280 New Line Road, Dural.
2 The parties reached agreement on the issues in dispute and sought an award of consent orders. It was unnecessary for me to visit the site.
3 I have concluded that it would be proper for the Court to agree to the consent orders when considered under s 79C of the Environmental Planning and Assessment Act 1979.

The site
4 The site is situated on the eastern side of New Line Road, within the Dural Service Centre, and has an area of 2.023 hectares. The battle-axe shaped rectangular site has a 34.493m frontage to New Line Road, a battleaxe handle 137.312m long, with the remainder of the site having a depth of 202.241m along the rear northern boundary. The rear eastern boundary is 76.365m wide. The total depth of the site, including the battleaxe handle, is 335.737m along its southern boundary.
5 The site has a gradient of 5-9% towards the rear southeastern corner. A watercourse drains across the rear of the site in a north-south direction and water is captured in a small dam. Works on protected land associated with this watercourse is required under the Rivers and Foreshores Improvement Act 1948 to be considered by the Department of Infrastructure Planning and Natural Resources, (DIPNR). General terms of approval were given and have been incorporated in conditions.
6 The site is cleared and a two-storey dwelling and outbuildings are erected close to the site's New Line Road frontage. A driveway provides vehicular access from New Line Road adjacent the site's southwestern corner. There are no easements affecting the property. There are stands of trees around the rear perimeter of the site. The subject site enjoys a `right-of-way access to/ from Quarry Road, to the north, which connects with Quarry Road about 300m to the east of its intersection with Old Northern Road across properties Nos 282-284 New Line Road. However, physical access to the ‘right-of-way’ is constrained by existing development and the large change in levels of up to 3.5m.
7 To the north are commercial enterprises at Nos 282-284 New Line Road are associated with the Glenorie Bus Company and an Elders produce store.
8 To the south at Nos 276-278 New Line Road Dural, is being constructed forty (40) light industrial strata titled units, a service shop and a childcare facility.
9 To the rear are located rural properties with views into the subject site.
10 To the north of the site is the junction of New Line and Old Northern Roads (both State Roads controlled by the NSW Roads and Traffic Authority), at which a roundabout is located which facilitates management of through traffic and business traffic accessing the Dural Business Park.
11 Opposite the site, to the west, is a Salvation Army Centre on the corner of Old Northern and New Line Roads, with a Sydney Water Corporation Water Tower immediately to its south.
12 Travelling south from the land traffic merges from two lanes into one in front of the subject site and narrows to one lane immediately adjacent to the southwestern corner of properties Nos. 276-278 New Line Road.
13 Overhead power lines traverse the site's frontage, and a kerb and gutter extends across the frontage. A sewer main traverses the rear of the site immediately to the west of the dam.

Relevant planning controls

Hornsby Shire Local Environmental Plan 1994, (HSLEP)
14 Under the provisions of the HSLEP the site is zoned Business E (Service) and Special Uses B (Transport Corridor), and under cl 7 the proposal is permissible with consent. The proposed buildings, car parking areas and panel sign are located within the Business E zone. "Light Industrial", "Service Shop" and "Warehouse" are land uses permitted in the Business E zone with the consent of the council.
15 The Business E zone objectives are:
(a) to encourage economic growth and employment opportunities.
(b) to accommodate the rural and residential service needs of the community.
(c) to encourage development that improves the health, vitality and natural, cultural and social environments within business centres and adjacent areas.

State Environmental Planning Policy No 11 - Traffic Generating Development, (SEPP11)
16 The development application was referred to the Roads and Traffic Authority under cl 7(4) of SEPP11, and that authority raised no objection to the proposal subject to conditions being imposed. The authority notes that if the council does not support the extension of the southbound service lane, shown as terminating in front of property No 278 New Line Road Dural in the Council's Dural Service Centre DCP, then it requires provision of separate permanent 10m wide ingress and egress lane from/ to the site with a 3m separation at the RTA's proposed future road alignment boundary.

State Environmental Planning Policy No 44 - Koala Habitat, (SEPP44)

State Environmental Planning Policy No 55 - Remediation of Land, (SEPP55)

Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River, (SREP20)

Dural Service Centre Development Control, (DSCDCP)
17 The objective of the DSCDCP is to provide controls, guidelines and measures to protect and enhance the natural and built environment by promoting the orderly development of the Dural Service Centre. The Elements of the DSCDCP relevant to the assessment of the development are as follows:

Density
18 The "Element Objective" of "Density" is to provide for development of land at a density that is in accordance with the role and function of the Dural Service Centre.
· To minimise stormwater runoff.
· The Performance Criteria" state:
· The density of development should be in keeping with the bulk, scale and intensity of the area.
· The area of the site covered by impervious surfaces (including roofed areas, paving, driveways etc) should be minimised to reduce stormwater runoff.
· Site coverage should allow adequate areas for access, car parking and landscaping.

Setbacks
19 The "Element Objective" of "Setback" is to provide for setbacks, which enhance the amenity of the Centre and provide areas for landscaping.
20 The Prescriptive Measures for Setbacks requires that they “...should not be used as storage or loading areas, for the advertising of products, as parking areas, or for driveways (other than for immediate access). “

Landscaping
21 The relevant Element Objectives of "Landscaping" is to provide a business park environment and soften the visual impact of the buildings To enhance the visual amenity of streetscapes and surrounding areas.

Car Parking
22 The "Element Objective" of "Car Parking" is to provide sufficient and convenient parking and loading/unloading facilities.

Traffic Management
23 The "Element Objective" of "Traffic Management" is:
· To upgrade the road network to provide for improved traffic management.
· To ensure vehicle access to and from development is simple, safe and direct.
· To ensure the streetscape along New Line Road is enhanced.

Car Parking Development Control Plan, (CPDCP)
24 The objectives of the CPDCP are to provide detailed parking guidelines for individual land use categories. Relevant requirements for car parking, prescribed in the CPDCP, are as follows:

Parking Provision
25 The "Element Objective" of "Parking Provision" is to provide sufficient and convenient parking to meet user needs.
26 The "Prescriptive Measures" include parking areas with adjacent ramps or entrances and have minimum dimensions of 3.2m x 5.5m.

Access and Mobility Development Control Plan, (AMDCP)

Outdoor Advertising Development Control Plan, (OADCP)

Sustainable Water Development Control Plan, (SWDCP)

Hornsby Shire Council Policy and Guidelines for Noise and Vibrating Generating Development, (Noise Policy)

Environmental Planning and Assessment Regulations, 2000.

The proposal and its history
27 Integrated development application No 1115/ 03 was lodged with the respondent council on 24 June 2003.
28 On 30 March 2004 the applicant's representatives met with Council's Development Engineer, Senior Traffic Engineer and RTA representatives at the council's offices. The Council’s Development Engineer advised the applicant of outstanding matters to be addressed in regard to the proposed access arrangements for the site, including RTA requirements.
29 Development application No 1115/03 was considered in Executive Manager's Report No 81/04 by the council at its meeting on 28 April 2004 when it resolved that:
1. Determination of Development Application 1115/03 for the demolition of existing structures and erection of industrial buildings (factory / warehouse / service shop) associated roadworks and strata subdivision be deferred to the meeting of 16 June, 2004 to allow the applicant to submit additional information to address the reasons for refusal Nos 1 to 6 in Executive Manager's Report No PLN81/04, Planning Division. A further report on the matter shall be prepared for Council's consideration for 16 June, 2004, or earlier as required.
2. Council's Compliance Officer be requested to investigate the alleged unauthorised use of the dwelling on property No 280 New Line Road Dural and take action as appropriate.

The council’s decision
31 By notice dated 16 June 2004 the council refused the application for the following reasons:
1. The proposal is unsatisfactory as the proposed traffic management for the site, in particular the intersection with New Line Road, is contrary to the "Traffic Management Strategy" contained the Dural Service Centre DCP.
2. The proposal is contrary to the "Element Objectives " of the Dural Service Centre DCP in respect of "Traffic Management".
3. The proposal is unsatisfactory as it does not adequately address the proposed change in the location of the start of the service road and its operational impact on the Old Northern Road/New Line Roundabout.
4. The proposal is unsatisfactory as it does not include adequate concept engineering plans showing the proposed access arrangements for the adjusted location of the service lane.
5. The proposal is unsatisfactory as it does not include an adequate concept design for a temporary access to the site and does not identify all work associated with the revised location of the service lane, including all works required on adjoining properties.
6. The proposal is unsatisfactory as it does not include a survey plan detailing all land, including adjoining properties to the north and south, required for road widening acquisition
7. The proposal is unsatisfactory as it does not include plan detailing the future service lane design commensurate with any road design plans that have been prepared for 276-278 New Line Rd and the Dural Service Centre DCP.
8. The proposal is unsatisfactory as it does not include the consent of the owners of 276-278 New Line Road for works on that property.
9. The proposal is unsatisfactory as it requires additional road acquisition within 276-278 New Line Rd that is not required under the current Dural Service Centre DCP.
10. The proposal is unsatisfactory as it does not identify all relevant the land required for acquisition. "

The hearing
32 The appeal was filed around 15 March 2004.
33 At the hearing the court received evidence on behalf of the respondent council from:
· Mr W A Alexander, Senior Town Planner, Hornsby Shire Council;
· Mr P Clare, Development Engineer, Hornsby Shire Council.

The issues
34 On 25 June 2004 the council filed a statement of issues.
1. Whether the proposal is satisfactory as the proposed traffic management for the site, in particular the intersection with New Line Road, is contrary to the "Traffic Management Strategy" contained in the Dural Service Centre Development Control Plan.
2. Whether proposed development complies with the Element Objective of the "Traffic Management" element of the Dural Service Centre Development Control Plan.
3. Whether the proposal is satisfactory, as it does not address the proposed change in the location of the start of the service road and its operational impact on the Old Northern Road/New Line Road roundabout.
4. Whether the proposal is satisfactory, as it does not include adequate concept engineering plans showing the proposed access arrangements for the adjusted location of the service lane.
5. Whether the proposal is satisfactory as it does not include an adequate concept design for a temporary access to the site and does not identify all work associated with the revised location of the service lane, including all works required on adjoining properties.
6. Whether the proposal is satisfactory, as it does not include a survey plan detailing all land, including adjoining properties to the north and south, required for road widening acquisition.
7. Whether the proposal is satisfactory as it does not include a plan detailing the future service lane design commensurate with any road design plans that have been prepared for Nos. 276 - 278 New Line Road and the Dural Service Centre Development Control Plan.
8. Whether the Development Application is valid as it does not include the consent of the owners of 276 - 2.78 New Line Road for works that are proposed on that property.
9. Whether the proposal is satisfactory as it requires additional road acquisition within 276 - 278 New Line Road that is not required under the current Dural Service Centre Development Control Plan.
10. Whether the proposal is satisfactory, as the plans do not identify all the relevant land required for acquisition for road widening.
35 The salient issue the vehicular access arrangements off New Line Road.

The evidence and findings
36 The parties reached agreement prior to the hearing following the filing of amended plans that address the access concerns of the council. It is proper for the Court to endorse that agreement under s 79C of the Environmental Planning and Assessment Act 1979. Thus the appeal is upheld by consent.

Conditions
37 The conditions are those in Exhibit 6. Condition 13 has been amended to ensure that a time period was included to notify the council of occupation so that it may determine any damage to its public assets within a defined period, which damage is to be repaired or paid for by the applicant. Conditions 142 and 9 requires a median strip in New Line Road to be constructed by the applicant to ensure that traffic movement be restricted to only left in and left out movements. The Court accepted the applicant’s submission that the median, as recommended by the RTA, not be extended to the nearby roundabout.

Orders
38 My orders are:
1. The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.
2. Integrated development application No 1115/ 03 lodged with the respondent council on 24 June 2003 to demolish existing structures and to erect thirty-seven (37) industrial buildings (factory/ warehouse), and one (1) service shop, associated roadworks and strata subdivision at Lot 1 DP 207635, being No 280 New Line Road, Dural, is approved subject to Conditions 1 to 148 in Annexure A.
3. The exhibits with the exception of Exhibits A, B, C, D, E, F, G, H and 6 are returned.
S J Watts
Commissioner of the Court
sw
In the Land and
Environment Court
of New South Wales

Appeal No: 10290 of 2004

Conditions of development consent

Annexure A

Provincial Planning Pty Limited

v

Hornsby Shire Council

No 280 New Line Road, Dural

Integrated Development Application No 1115/03 for the demolition of existing structures and the erection of thirty-seven (37) industrial units, and a service shop, associated roadworks and strata subdivision on Lot 1 in Deposited Plan 207635, No 280 New Line Road, Dural be approved in accordance with plans identified in Schedule A, subject to the following Conditions:-

Construction Certificate

1. A construction certificate must be obtained from either Council or an Accredited Certifier. Engineering design plans and specifications are to be prepared by a chartered professional engineer for any proposed works. The plans and specifications are to be in accordance with development consent conditions, appropriate Australian standards, and applicable Council standards, in particular “Hornsby Shire Council Civil Works - Design and Construction Specification”. Information required to be submitted with a construction certificate is as follows:

Principal Certifying Authority

2. Before any construction works commence, you are required to appoint a Principal Certifying Authority as required by section 81A of the Environmental Planning & Assessment Act 1979. The Principal Certifying Authority is responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.

Notifying Council of Commencement of Works

3. It is a requirement of the Environmental Planning and Assessment Act 1979 (Section 81A(2)(c)) that you notify Hornsby Council at least two (2) days prior to the intention to commence works.

Where works are to be undertaken in a public place, such notice must be accompanied by evidence of the contractor's Public Liability and Workers’ Compensation Insurances. The public risk policy shall be such an amount as determined by Council (not being less than $10,000,000.00) and shall cover the owner and the Council against any injury, loss or damage sustained by any person, firm or company.

Inspections – Engineering

4. All engineering work required by this consent must be inspected and compliance certificates shall be issued prior to occupancy or issue of the subdivision certificate, whichever occurs first, certifying that the works comply with development consent, construction certificate and Hornsby Shire Council Civil Works - Design and Construction Specification for the following nominated stages:

Sydney Water

5. A Section 73 compliance certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator. Please refer to “Your Business” section of Sydney Water’s web site at then the “e-developer” icon or telephone 13 20 92.

Following application, a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

The Notice must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/release of the plan of subdivision.

Roadworks

6. A separate application under the Roads Act 1993 shall be submitted to Council for approval for the following:

7. Road pavements are to be designed by a chartered professional civil engineer in accordance with Hornsby Shire Council’s Civil Works Design and Construction Specification 1999 and shall be based upon soil tests performed by a registered NATA Soils Laboratory. For design purposes the traffic loading shall be 5 x 10⁶ or as determined by the RTA.

8. A Traffic Control Plan (TCP), prepared by a qualified work site traffic controller, is to be submitted with any construction certificate, demonstrating compliance with the Road & Traffic Authority’s Traffic Control At Worksites Manual, 1998, and detailing: -

9. Design and construction of a centrally placed median strip to prohibit right turns in and out of the development site. The median strip is to be designed and constructed in accordance with Hornsby Shire Council’s Civil Works Specification and the requirements of the RTA. The median strip is to extend 15m past the northern boundary of the site and is to be commensurate with the proposed road works associated with the development of 276-278 New Line Rd.

10. Design and construction of a 1.2m wide footpath across the frontage of the site in accordance with Hornsby Shire Council’s Civil Works Specification and the requirements of the RTA. The footpath is to be commensurate with the proposed road works associated with the development of 276-278 New Line Rd. The remainder of the footpath shall be turfed.

Access Way/Driveway

11. The internal driveway and parking areas are to be designed and constructed in accordance with Australian Standard 2890.1 – 1993 Off Street Carparking and 2890.2 – 2002 Commercial Vehicles.

12. The vehicular access crossings shall be designed and constructed in accordance with Hornsby Shire Council’s Civil Works Specification. Both the entry and exit crossings shall be a minimum of 10m in width and shall have a 3m separation with a 1m splay at the kerb line in accordance with the RTA’s Guide to Traffic Generating Developments. Both the entry and exit driveways shall have a concrete layback and the driveways shall be constructed with 200mm thick concrete reinforced with 2 layers of F 72 mesh.

13A. The Applicant shall notify the Council in writing at least 14 days prior to the issue of an occupation certificate that the occupation certificate is imminent.

13B Within 28 days of receipt of the notification pursuant to condition 13A, Council shall advise the Applicant in writing of any damage caused to Council's assets in the vicinity of the subject site as a result of construction works associated with the approved development and advise whether it requires the Applicant to repair such damage, or whether it requires payment for such damage. Any damage is to be repaired or paid for within 6 months of Council’s advice.

Drainage

14. Stormwater drainage from the site shall be designed and constructed to satisfactorily drain rainfall intensities for an average recurrence interval of 20 years. The design shall: -

(a) Be in accordance with Hornsby Shire Council Civil Works – Design Specification 1999.

(b) Provide for drainage discharge to the existing drainage system.

15. Design and construction of the stormwater drainage system in New Line Rd in accordance with the Hornsby Shire Council’s Civil Works Specification.

Drainage - On Site Detention

16. The drainage system is to be constructed with an on-site-detention system, having a capacity of not less than 342m³ and a maximum discharge, when full, of 300 l/s. The system shall be designed by a chartered professional civil engineer to the following requirements:

* A surcharge/inspection grate is to be located directly above the outlet.

* Where the on-site detention system is proposed under the vehicular driveway, the engineer is to certify that the detention tank is structurally capable of withstanding the maximum anticipated traffic loads.

A compliance certificate is to be submitted to Council that includes work-as-executed details of the on-site-detention system prepared by a chartered professional engineer/registered surveyor verifying that the required storage and discharge volumes have been constructed in accordance with the design requirements. The details are to show the invert levels of the on system as well as the pipe sizes and grades. Any variations to approved plans must be shown in red and supported by calculations.

17. A certificate from a chartered professional civil engineer must be obtained prior to release of construction certificate verifying that the structures associated with the on-site detention system have been designed to withstand all loads likely to be imposed on them during their lifetime.

18. A certificate from a chartered professional civil engineer/registered surveyor must be obtained prior to release of construction certificate verifying that the on-site detention system will function hydraulically in accordance with the approved design plans.

19. The creation of an appropriate "Positive Covenant" and "Restriction as to User" over the constructed on-site detention system and outlet in favour of Council to ensure the continued maintenance and performance of the stormwater management system in accordance with Council’s standard wording. The position of the on-site detention system is to be clearly indicated on the Final Plan of Subdivision.

Easements & Restrictions on Title

20. Any easement(s) or restriction(s) on Title required by this consent must nominate Hornsby Shire Council as the authority to release, vary or modify the easement(s) or restriction(s).

Subdivision/Strata Plan

21. House numbering can only be authorised by Hornsby Shire Council. Before proceeding to number each lot/occupancy in the development, the allocation of numbers must be obtained from Council's Planning Division.

22. The following documentary evidence is to be obtained and forwarded to the Principal Certifying Authority prior to the release of the Strata Plan: -

Flood Levels and Creek Works

23. The flood levels of the creek/watercourse for a storm event of 100 Yr ARI (average recurrence interval) shall be established in accordance with the requirements of the “Australian Rainfall & Rainfall”, a publication of Institution of Engineers, Australia”.

24. The engineering works, containing the creek (at the rear of the property) 100 ARI storm flow within the property boundaries and ensuring that the upstream and downstream flow levels and impacts are retained at present level shall be carried out in accordance with approved plans. Detail engineering plans are to be submitted for approval by Council or an Accredited Certifier.

Restriction as to User over 100 year ARI Storm Flowpath

25. The creation of a "restriction on the use of land" under Section 88B of the Conveyancing Act 1919 on that area affected by the 100 year ARI floodpath to prohibit the alteration of the final floodway shape and to prohibit the erection of a structure (including fencing) in the floodway without the written permission of Hornsby Shire Council. This restriction is to be registered with the office of Land and Property Information, New South Wales (formerly the Land Titles Office) prior to occupation.

26. Deleted.

27. The Section 88B restriction as part of this consent is to contain a provision that they cannot be extinguished or altered except with the consent of Hornsby Shire Council.

Floor Levels of Units

28. The floor levels of all units shall be a minimum 500mm above the 100 year ARI flow level.

Stability of Ground, Excavation or Fill

29. The design of foundation, excavation, fill and associated works for the development and construction supervision shall be carried out by a suitably qualified a Chartered Professional Structural Engineer of the Institution of Engineers, Australia.

During Construction (Engineering)

30. Before any construction works commence, the applicant must appoint a Principal Certifying Authority who will be responsible for ensuring that all the works are carried out in accordance with the approved plans and specifications.

31. At least two days written notice must be given to Council of the commencement of engineering works. Such notice must be accompanied by evidence of the contractor's Public Liability and Workers’ Compensation Insurances.

32. Prior to commencement of construction of footway crossings, a clearance must be obtained from the relevant telecommunications carriers and Integral Energy that all necessary ducts have been provided under the proposed crossing.

33. All fill including existing fill must be compacted in accordance with the Council's "Works Specification - Civil 1997". A compaction certificate is to be obtained from a practising structural engineer verifying that the correct compaction requirements have been met.

34. Removal of any unsuitable soil and/or fill material and its replacement with suitable material compacted in accordance with Council's "Works Specification - Civil 1997".

35. The roadway adjacent to the site is to be kept clean of excavation materials at all times. Further, no building materials are to be stored outside the subject site.

36. Deleted.

Occupation Certificate (Engineering)

37. The following conditions in this section of the consent must be complied with or addressed prior to the issue of any Occupation Certificate relating to the approved development, whether by Council or an appropriately accredited certifier. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications which accompany the Occupation Certificate application.

Compliance Certificates

38. Compliance Certificates from Accredited Certifiers confirming that the following works have been constructed according to Construction certificate plans, Australian Standards 3500.3 and other relevant standards and Hornsby Shire Council’s Civil Works Specifications 1999 are to be provided. All compliance certificates are to include works-as-executed plans.

39. The on-site-detention system Compliance Certificate must state that it has been constructed according to the Construction Certificate and will function hydraulically in accordance with the approved design plans and shall be submitted to the PCA.

40. The Compliance Certificate is to include work-as-executed details of the on-site-detention system prepared by a Chartered Professional Engineer/Registered Surveyor and verify that the storage has been constructed in accordance with the design requirements, and that the floor levels are not less than the minimum required. The details are to show the invert levels of the OSD system as well as the pipe sizes and grades. Any variations must be shown in red and supported by calculations.

Works As Executed

41. A works-as-executed plan prepared by a chartered professional engineer or a registered surveyor must be lodged with Hornsby Shire Council when the engineering works are complete, prior to the release of the occupation certificate.

Site Works

42. No site works, including the removal of vegetation or any demolition works, shall be commenced prior to:

42.1 Tree/bushland protection measures in accordance with condition No. 105 have been implemented;

Building Code of Australia

43. All building work must be carried out in accordance with the requirements of the Building Code of Australia.

Should there be any alternative solutions listed as Category 2 Fire Safety Provisions and outlined in the Environmental Planning and Assessment Regulation 2000 , a fire engineering report should be forwarded to the Brigades for comment under Clause 144 of the Environmental Planning and Assessment Regulation 2000 .

Council Property

44. The land and adjoining areas are to be kept in a clean and tidy condition at all times. Litter and rubbish shall be placed in containers and removed from the site. A waste storage container is to be provided at the commencement of the building work.

Sediment & Erosion Control

45. Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. The controls are to be designed and installed in accordance with the requirements of the NSW Department of Conservation and Land Management's "Urban Erosion and Sediment Control" manual, Hornsby Shire Council’s “Sustainable Water Best Practices” manual and shall: -

* be effectively maintained at all times during the course of works and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authority’s satisfaction.

* include adequate measures to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition.

* ensure that no spoil or fill encroaches upon adjacent bushland for the duration of the works.
* ensure disturbed areas are rehabilitated with indigenous plant species, landscaped and treated by approved methods of erosion mitigation such as, mulching, and revegetation with native grasses or other suitable stabilising processes within fifteen days of the completion of works.

Hours of Demolition Works

46. In order to maintain the amenity of adjoining properties, demolition works shall be restricted to between 7.00 am and 6.00 pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless written Council gives consent.

Demolition

47. All demolition work is to be carried out in accordance with the applicable provisions of Australian Standard 2601-2001 ‘The Demolition of Structures’.

Note : Applicants are reminded that WorkCover NSW requires all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications.

Dust Control

48. Measures to prevent the emission of dust or other impurities into the surrounding environment are to be implemented during demolition works.

Disconnection of Utilities

49. All utilities shall be disconnected in a satisfactory manner so as not to pose any risk or nuisance to the public.

Asbestos Removal

50. Prior to commencement of any work involving the demolition, alteration or addition to any building on the development site, a survey is to be conducted by a competent person to ascertain whether any asbestos materials exist thereon. Asbestos material means any material that contains asbestos.

51. Where asbestos material is found to exist on the development site and that asbestos material is to be removed or disturbed as a result of any proposed demolition, alteration or addition, then all work involving removal and disposal of asbestos material must be undertaken by persons who hold the appropriate licence issued by WorkCover NSW under Chapter 10 of the Occupational Health and Safety Regulation 2001.

52. The collection, storage, transportation or disposal of any type of asbestos waste is to comply with the requirements of clause 29 of the Protection of the Environment Operations (Waste) Regulation 1996.

53. Upon completion of disposal operations, the applicant must lodge with the principal certifying authority, within seven (7) days, all receipts (or certified photocopies) issued by the receiving landfill site as evidence of proper disposal.

Note : The person responsible for disposing of the asbestos material shall consult with the Environment Protection Authority to determine the location of an approved landfill site to receive asbestos material.

Signs for Demolition Sites

54. On construction sites where buildings contain asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ measuring not less than 400mm x 300mm is to be erected on the site in a prominent position visible from the street. The sign is to be erected prior to any work commencing and is to remain in place until such time as all asbestos material has been removed from the site to an approved waste facility. This condition is imposed for the purpose of worker and public safety and to ensure compliance with Clause 259(2)(c) of the Occupational Health and Safety Regulation 2001.

55. A sign must be erected in a prominent position on the premises, on which the demolition of a building is being carried out, stating that unauthorised entry to the premises is prohibited and showing the name of the builder or other person in control of the premises and a telephone number at which the builder or other person may be contacted during and outside work hours. The sign is to be removed when the demolition of the building has been completed.

Hours of Construction

56. In order to maintain the amenity of adjoining properties, site works shall be restricted to between 7.00 am and 6.00 pm, Monday to Friday and 8.00 am to 1.00 pm Saturday. No work shall be undertaken on Sundays or public holidays. Plant, goods or materials shall not be delivered to the site outside the approved hours of site works unless otherwise approved by Council.

Engineers Certifications -Building

57. A qualified practising chartered Structural Engineer shall inspect the slab steel reinforcement prior to the pouring of any concrete and supply the Principal Certifying Authority and a copy to Hornsby Shire Council with a certification of structural adequacy.

Inspections – Building

58. The building works must be inspected by the Principal Certifying Authority at the following stages certifying that the works comply with the development consent and the approved plans and specifications for the following nominated stages:-

Fire Hazard Properties

59 Materials and assemblies of the building are to comply with Specification C1.10 of the Building Code of Australia. Certification in respect of compliance with the above is to be submitted to the PCA and Council.

Safety Glazing

60 All glazing is to comply with Part B 1.3 of the Building Code of Australia and Australian Standards 1288 & 2047. Certification in respect of compliance with the above is to be submitted to the PCA and Council.

Ventilation

61 Ventilation to the building is to comply with Part F 4 of the Building Code of Australia and Australian Standards 1668 Part 2-1991. Certification in respect of compliance with the above is to be submitted to the PCA and Council.

Fire Safety Schedule

62. In accordance with clause 168 of the Environmental Planning and Assessment Regulation 2000 fire safety measures shall be implemented in the building. A schedule of all proposed and existing Essential Fire Safety Measures to be installed in the building (eg: hydrants, hose reels, exit signs, smoke control systems) shall be submitted with the Construction Certificate application and distinguish between the existing and proposed fire safety measures. Should the Construction Certificate involve the use of an alternate solution, the application must also be accompanied by details of the performance requirements that the alternate solution is intended to meet and the assessment methods use to establish compliance with those performance requirements.

Fire Safety Certificate – Final

63. In accordance with Part 9, Division 4 of the Environmental Planning & Assessment Regulation, 2000, the owner of the building must, on completion of the building, provide Council with a certificate in relation to each essential fire safety or other safety measure implemented in the building.

Fire Safety Statement - Annual

64. In accordance with Part 9, Division 5 of the Environmental Planning & Assessment Regulation, 2000, at least once in each period of 12 months after the date of the first fire safety certificate, the owner shall provide Council with a further certificate in relation to each essential service installed in the building.

Toilet Facilities

65. Closet accommodation is to be provided at the work site at all times and be located wholly within the boundaries of the property.

Survey Reports

66. To ensure that the building and any associated structures are correctly positioned on the site, a report prepared by a registered surveyor is to be submitted to the principal certifying authority at each level of construction of the building (prior to the pouring of concrete) indicating that the finished floor level is in accordance with the approved plans.

Food Premises

67. The design plans for the fitout of the service shop shall comply with the requirements of the Food Act 1989 and the National Code for the Construction and Fitout of Food Premises.

68. Prior to use of food areas Council’s Food Surveillance Officer shall be contacted on telephone No. 9847 6666 to register the food shop and have a satisfactory inspection carried out.

69. The construction and fitout of the proposed development, or any part thereof, to be used for the manufacture, preparation or storage of food for sale, is to be in accordance with the requirements of the National Code for the Construction and Fitout of Food Premises (1993), the Food Act 1989, and Food Regulation 2001.

70. Mechanical ventilation is to be designed and installed in accordance with the requirements of AS 1668.2-2002 and any supplements.

71. Sydney Water must be consulted on 9952 0387 regarding the installation of a grease trap. Evidence must be shown that application has been sought.

72. The food business must notify NSW Health of its operation prior to the commencement of business. This can be done by logging onto the internet at and registering the business online.

73. Prior to the issue of an Occupation Certificate the premises must contact Council’s Environmental Health Officer on 9847 6745 or 9847 6719 to arrange an inspection to ensure that all requirements of all relevant codes and legislation have been met.

Subterranean Termites

74. The building shall be treated against subterranean termites in accordance with AS 3660 Part 1, "Protection of Buildings from Subterranean Termites ".

75. Certificates of treatment shall be submitted to the Principal Certifying Authority and Hornsby Council and a notice of treatment, in accordance with the standard shall be affixed to the building. (Building Code of Australia Clause B1.4(j)(ii))

Long Service Levy

76. Under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 any work costing $25,000 or more is subject to a Long Service Levy. The levy rate is 0.2% of the total cost of the work and shall be paid to either the Long Service Payments Corporation or Hornsby Shire Council. Under section 109F (1) of the Environmental Planning & Assessment Act, 1979 this payment must be made prior to a construction certificate being issued.

Retaining Walls

77. Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, are to be constructed together with associated stormwater drainage measures prior to occupation of the development or before where site conditions require.

Noise

78. The use of amplified equipment, such as radios and the like during construction stage shall not be used where the noise is audible on any neighbouring property.

Strata Subdivision

79. The necessary strata plan for determination shall be lodged with the Planning Division of Hornsby Shire Council or an Accredited Certifier on completion of the building.

80. A copy of the registered strata plan shall be lodged with the Planning Division of Hornsby Shire Council, together with the adopted registration fee.

Unit Numbering

81. Unit numbering can only be authorised by Hornsby Shire Council. Before proceeding to number each lot/occupancy in your development, approval must be sought from Council’s Planning Division.

82. Council issues consecutive house numbers according to lot numbers, therefore door numbers are to align with lot numbers. These numbers must correspond, i.e. Lot one, house number 1 or Lot two, unit number 2.

Occupation

83. The building or part thereof shall not be occupied until an occupation certificate has been issued in accordance with Sections 109C and 109H of the Environmental Planning & Assessment Act, 1979.

Bushland and Biodiversity Management Team conditions

84. No building works, clearing of native vegetation, stockpiles or fill is to occur within the “Restricted Development Area”, as shown in diagonal lines on approved drawing DA009C prepared by Squillace Architects dated 2 May, 2003.

85. All actions within the approved Vegetation Management Plan, dated December 2003, prepared by Total Earth Care Co., shall be implemented, prior to, during and post development, and strictly followed in perpetuity to ensure long term protection and conservation of the remnant Sydney Turpentine Ironbark Forest.

86. Prior to issue of the construction certificate, the Applicant shall submit to Council confirmation that a qualified and experienced bush regeneration contractor has been engaged to implement actions within the approved Vegetation Management Plan, as directed by the plan.

87. All landscaping within the “Restricted Development Area” in the eastern portion of the site around the existing dam shall be restricted to locally indigenous species as detailed in the approved Vegetation Management Plan, and therefore omit reference to the Landscape Plan, prepared by JCA Landscape Architects (dated 14/08/2003).

88. A permanent standard cyclone mesh fence shall be erected, prior to any on-site construction works, along the allotments northern boundary to protect the adjoining Sydney Turpentine Ironbark Forest remnant.

89. Prior to any on-site construction works, a temporary protective fence, either orange plastic mesh fence or star picket and wire fence, must be erected along the western edge of the “Restricted Development Area”. The fence is to protect adjoining vegetation from damage by equipment or by stockpiling of materials.

90. The Landscape Plan, prepared by JCA Landscape Architects (dated 14/08/2003) is to be amended, as marked in red, to delete the potentially invasive species along the northern boundary and replaced with suitable locally indigenous species. Plants shall be purchased from a recognised supplier of locally indigenous species and include tube stock where available.

91. All environmental weeds, noxious and invasive plants are to be removed and continually suppressed using an appropriate bush regeneration method.

Water Catchments Team conditions

92. Soil and Water Management Plan - The following sediment control measures shall be included in conjunction with the Soil and Water Management Plan.

(a) All runoff and erosion controls are to be installed before any works are carried out at the site.
(b) Stormwater kerb inlets and drains receiving stormwater shall be protected at all times during the development.
(c) Diversion of upslope clean surface runoff (via diversion drains and sediment fencing) around the disturbed areas.
(d) Sediment fencing shall be secured by post (where metal star pickets are used plastic safety caps shall be used) at two -meter intervals with the geotextile fabric embedded at 200 mm in soil. One metres returns shall be installed at twenty-meter centres along the sediment fencing.
(e) Topsoil stockpiling stripped from the construction site shall be diverted away from drainage lines, stormwater inlets and be suitably covered by impervious membrane material and screened by sediment fencing.
(f) Street sweeping shall be undertaken as required along driveways during the excavation until the site is fully established/stabilised.
(g) Turfed nature strip areas adjacent to the kerb of the lots under construction shall remain undisturbed during the construction phase.
(h) Erosion and sediment control measures shall be maintained in good working order, repaired or replaced throughout the course of the development.
(i) Sediment and erosion controls shall be inspected weekly or after each storm event for litter, sediment, and organic waste accumulation. All sediment/debris shall be removed within two (2) working days.
(j) Disturbed areas shall be rehabilitated and landscaped with preferably indigenous plant species or other suitable approved stabilising processes within fifteen days after the completion of works.

93. Stormwater Flow Dissipation - All outlets shall incorporate flow velocities reduction controls (i.e. bedded boulders and small stones) minimising erosive and scouring impacts. No engineering works are permitted within the watercourse downstream.

94. Grass Swales - Overland flow paths shall be constructed as grass swale depressions in contrast to concrete dish drains, assisting infiltration of surface waters. Grass swales should form shallow depression with grades preferably 5% designed to carry the 1 ARI storm event. In high flow areas turf should be pinned through topsoil to natural ground at 1 pin per square metre.

95. Stormwater Treatment Device/s - The proponent is required to provide engineering details to the proposed permanent stormwater treatment device/s to screen and capture gross stormwater pollutants that will be generated during the post development phase. Accordingly, engineering cross-sectional plans and maintenance/management details to be provided with the stormwater plans. The design criteria shall include the following;

(a) Performance capture criteria in excess of 90% of gross stormwater pollutants (e.g. litter, floatable, organic debris, coarse/fine sediments, suspended solids, oils and road grit) during a 1 year ARI storm event.
(b) Stormwater pollutants captured shall not be resuspended.
(c) The device shall be non-blocking and not cause impact on drainage infrastructure.
(d) The device shall have access for inspection and maintenance and adequately accessible by a vehicle for cleaning, dewatering and removal of captured pollutants.
(e) The device shall be non accessible to the general public and aesthetically non intrusive.

96. Watercourse - All proposed watercourse modifications should be ecologically sustainable and consistent in channel morphology, stream profile of the existing natural watercourses within the local area. Modifications shall include sandstone bank incorporating rock cavities for aquatic plants, deflectors, boulders clusters riffles and settling pools. The riparian buffer shall remain vegetated with a compliment of remnant riparian plants. Riparian vegetation should range from large to small trees to small shrubs and rushes receptive to wet or damp environments that will provide bank stabilisation and infiltration of surface runoff. Modifications shall not in any way increase further energy flow velocities downstream. Accordingly landscaping plans shall be provided detailing the proposed modifications to the watercourse.

Landscaping

97. All natural landscape features, including natural rock outcrops, natural vegetation, soil and watercourses are to remain undisturbed except where affected by necessary works detailed on approved plans.

98. The area surrounding the building shall be reinstated to good order as soon as practical after the completion of site works including, where necessary, the establishment of new landscaping.

99. Landscaping shall be primarily composed of locally occurring native species.

100. LANDSCAPE PLAN - The Landscape Plan should be prepared in accordance with the requirements of the Hornsby Shire Council Landscape Code for Development and Building Approval and the relevant DCP. The Applicant should address all requirements of the code prior to submission of a plan for Construction Certificate approval including the following: -

(a) Plants proposed are to be predominantly indigenous species as required under the DCP (Refer to booklet ‘Indigenous Plants for the Bushland Shire’ available from the Environment Division and alterations indicated in red on the landscape plan.
(b) List of intended plant species is to include botanical and common names, mature heights, spacing, container sizes, staking and quantities and is to be divided into tiers – trees, shrubs, groundcovers and ferns.
(c ) Screen and tree planting to the sides and rear of the site shall be planted within a mulched planter bed, to enable an appropriate maintenance regime in future as marked up on the plan;
(d) Outline of adjoining buildings in close proximity;
(e) Design levels on landscape areas e.g. paving, pathways and soft landscape areas;
(f) Type and heights of all walling; and
(g) Detail sections for other special areas e.g. planting in carpark areas, on-slab planting, planter boxes, planting detail over OSD basin etc.

101. NORTHERN BOUNDARY, ADJACENT TO GLENORIE BUS COMPANY - Screen planting is to consist of tall shrubs with a minimum mature height of 2-3 metres planted at 1.5 to 2 metre centres in the planter bed adjacent to the Glenorie Bus company building.

102. SOUTHERN BOUNDARY - In addition to the planting indicated, Council require an increased density of tall native shrub planting to a minimum of 1 plant every 1.5 to 2.0 metres. Where the building setback is approximately 5.0 metres tree planting of locally indigenous Eucalypts is required to replace the proposed planting of Callicoma serratifolia.

103. ISLAND PLANTING IN CARPARK - Understorey planting in carpark island is to consist of groundcover species planted at minimum centres as indicated in the Plant Schedule on the approved Landscape Plans. Tree planting in Carpark Island is to be as per approved Landscape Plans.

104. LANDSCAPE WORKS TO ALL AREAS - All landscape works shall also meet the minimum requirements identified in the Hornsby Shire Council Landscape Code for Development and Building approvals including the construction of mulched planter beds, planting of trees in minimum 35 Litre pot sizes, shrubs in minimum 5 Litre pot sizes and groundcovers in minimum 150mm pot sizes.

Tree Protection

105. The removal of tree/s numbered 3, 6, 7, 8, 9, 10, 11 and 12 (marked on the plan) or excavation or filling of soil or the placing of building materials or associated works (i.e. water, sewer, telephone, drainage) within 4 metre setback is forbidden unless written approval by Council.

106. All existing trees shall be retained in accordance with Hornsby Shire Council’s Tree Preservation Order, except where Council’s prior written consent has been obtained, or where after approval of the relevant Engineering Plans, trees stand within the envelope of approved buildings or within the alignment of approved permanent paved vehicle access roads and parking areas.

107. The developer/contractor will prevent damage to trees and tree root systems during site works and construction activities including the provision of water, sewerage and stormwater drainage services. In particular, works, erection of structures, excavation or changes to soil levels within 4 metres of the trunks of trees to be retained are not permitted unless part of the development as approved, and the storage of spoil, building materials, soils or the driving or parking of any vehicle or machinery within 4 metres of the trunk of a tree to be retained, is not permitted.

108. All environmental weeds, noxious and invasive plants such as Privet and Lantana are to be removed and continually suppressed using an appropriate method prior to release of the final plan.

Site contamination

109. Council and the PCA must be notified immediately should the presence of asbestos or soil contamination, not recognised during the original assessment process be identified during demolition or construction works.

110. Any imported soils to the subject site must be Virgin Excavated Natural Material (VENM).

Section 94 contributions

111. The payment of a contribution towards the cost of transport and traffic management, library and community facilities, civic improvements, stormwater drainage, bushfire protection and Section 94 administration in accordance with Sections 94, 94B and 94C of the Environmental Planning and Assessment Act, 1979, and Hornsby Shire Council’s Development Contributions Plan 2004-2010. The total contribution shall be $136,501.70 if paid prior to 30 June 2005. Following this date, contributions will be adjusted in accordance with the underlying consumer price index for the subsequent financial years, it being noted that there are 7302.4m2 of industrial development and 95m2 of retail floor area. This amount is to be paid to Council prior to the issue of the construction certificate.

The contribution rate will be adjusted on an annual basis in accordance with the underlying consumer price index movements if not paid prior to 30 June 2005.

Note : A copy of Council’s Contributions Plan may be inspected during business hours at the first floor of Hornsby Shire Council’s Administration Building located at No. 296 Pacific Highway, Hornsby.

Protection of Public Places.

112. If the erection or demolition of a building causes pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, a fence must be erected between the building premises and the public place. The fence must be at least 1.8m high of chainwire and galvanised pipe construction. Welded wire reinforcing fabric is not to be used.

113. If the erection or demolition of a building will cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient or unsafe, or the erection or demolition of a building involves the enclosure of a public place, a hoarding must be erected between the building premises and the public place. The erection of any hoarding and temporary awnings requires separate approval under the Local Government Act, 1993.

114. The work site is to be kept lit between sunset and sunrise if it is likely to be a source of danger to persons using a public place or upon instruction by Council to enhance the safety and security of the area in which the work is located.

115. Any hoarding, fence or awning is to be removed when no longer required.

Access & Mobility

116. The development shall comply with access and mobility requirements of Council's Access and Mobility DCP, Australian Standard 1428 Parts 1 and 4 and the Building Code of Australia. Prior to occupation of the building, a compliance certificate certifying compliance with these requirements is to be obtained.

Use of Materials

117. In order to ensure that there will be minimal maintenance issues associated with the external walls of the development, all external surfaces of walls shall comprise integral finishes to achieve the colours in the samples presented to Council in conjunction with the development application.

Carparking

118. In accordance with the approved plans, a minimum of 119 car spaces shall be provided on site.

119. Prior to occupation of the buildings, all parking areas and driveways are to be sealed to an all weather standard, line marked and signposted.

120. Two (2) car spaces shall be designated disabled access parking, sign-posted and made available for such purpose at all times.

121. Parking, loading and manoeuvring areas are to be used solely for such purposes.

122. In order to avoid vehicular conflict, the ingress and egress crossings shall be suitably signposted prior to occupation of the units.

Utility Services

123. Suitable provision is to be made for the supply of all relevant services to allotments.

124. Council requires the underground reticulation of low voltage electricity and telecommunications services for the approved development.

Noise

125. Airborne sound generated within the premises shall not cause the noise levels to exceed 5dB(A) above background noise level when measured at any affected residence.

126. The level of total continuous noise emanating from operation of all the plant or processes in all buildings (LA10) (measured for at least 15 minutes) in or on the above premises shall not exceed the background level by more than 5dB(A) when measured at all property boundaries.

Wet Areas

127. Wet areas shall be protected against water in accordance with the Building Code of Australia Part 3.8.1, “Wet Areas”.

128. A certificate from a licensed installer shall be submitted to the Principal Certifying Authority and Hornsby Council certifying that the materials used and installation are in accordance with the Building Code of Australia.

Lighting

129. All external lighting shall comply with Australian Standard 4282 – 1997 ‘Control of the obtrusive effects of outdoor lighting’.

Cooling Towers

130 All cooling towers are to be designed and installed in accordance with Australian/New Zealand Standard AS/NZS 3666.1:1995 Air-Handling & Water Systems of Buildings – Microbial Control, Part 1: Design, Installation & Commissioning and a compliance certificate certifying same is to be submitted to Council with the occupation certificate.

Signs

131. No advertisement shall be erected on or in conjunction with the proposed development without prior development consent, other than those approved by this consent, unless the advertisement is ‘exempt development’ under Council’s Exempt and Complying Local Environmental Plan.

Approvals under the Local Government Act, 1993

132. An application as required by Section 68 of the Local Government Act, 1993 is to be made to Council in respect of:

* Install a temporary structure on land.

Occupancy of new tenancies

133. Separate development approval shall be obtained for each first occupation of the industrial units.

134. Separate development approval shall be obtained for any new external building and site signage re-branding.

Dilapidation report

135. A Dilapidation Report is to be prepared by a chartered professional engineer at the applicant’s expense, detailing the existing condition of buildings or facilities upon immediately joining land at properties Nos. 276-278 and 282 New Line Road Dural. This report must include any measures required to be incorporated to ensure that no damage will occur during the course of works. The report shall be submitted to the principal certifying authority prior to any works taking place. Such works shall take place in accordance with the recommendations of the report. A copy of the report shall be provided to all the owners of the adjoining land.

136. The cost of repairing any damage caused to the buildings or facilities on properties Nos. 276-278 and 282 New Line Road Dural as a result of construction works associated with the approved development is to be paid for and rectified by the applicant/developer. The buildings or facilities must be reconstructed to its original condition as identified in the Dilapidation Report, and a structural engineer shall certify that any works satisfies BCA construction criteria.

Waste Minimisation and Management

138. The operation and management of waste on the site shall be undertaken in accordance with the demolition & construction waste management plan lodged with the development application.

139. Documentary evidence (i.e. tipping dockets/receipts from transfer stations and landfills) shall be submitted to Council or the principal certifier to confirm compliance with the Waste Management Plan lodged with the development application.

DIPNR Conditions

140. The applicant shall comply with General Terms of Approval as stated in the Department of Infrastructure Planning and Natural Resources letter dated 23 October 2003 (attached).

RTA Conditions

141. Full time “No Stopping” parking restrictions are to be implemented along the New Line Road frontage of the subject property prior to commencement of construction works on-site. This is to ensure that vehicles will not be permitted to park along the New Line Road frontage of the site during construction. Prior to the installation of the “No Stopping” parking restrictions, the applicant is to contact the RTA’s Traffic Management Services on ph: (02) 8814-2591 for a “Works Instruction”.

142. Deleted.

143. Detailed design plans of the proposed access, pavement works and the recommended median island along New Line Road will need to be forwarded to the RTA for approval prior to the commencement of any roadworks. The applicant is advised that a plan checking fee (amount to be advised) and lodgement of a performance bond will be required prior to the release of the approved road design plans by the RTA.

144. All works / regulatory signposting associated with the development will be at no cost to the RTA.

145. Suitable signposting and adequate sight distance shall be provided at all internal vehicular conflict points.

146. Suitable provision shall be made to retard any increased stormwater run-off from the site onto New Line Road.

147. Design of the car parking area, aisle widths, driveway widths, manoeuvring areas, sight distances, ramp grades, shall conform to AS 2890.1-2004 and AS 2890.2–2002 loading areas.

Schedule of Works

148. The approved development shall be carried out in accordance with the Schedule of Works entitled “Stage 1 Demolition Schedule of Works” and “Stage 2 Construction Schedule of Works”, dated 22 July 2004.

Schedule A

1. Architectural Plans prepared by Squillace Architects dated 22 August, 2003 Drawing No’s: DA001F; DA002E; DA003C; DA004C; DA005C; DA006C; DA007C; DA008D; DA009C.

2. Soil & Water Management Plans prepared by WP Brown & Partners Pty Ltd Engineers dated 29 August 2003 Drawing No’s: W03010-DA05 and W03010-DA06.

3. Drainage Plans prepared by WP Brown & partners Pty Ltd Engineers dated 29 August 2003 , Drawing No’s: W03010-DA01, W03010-DA02; W03010-DA03; W03010-DA04.

4. Engineering Access Design Plans prepared by J,Wyndam Prince Pty Ltd Civil Engineers dated August 2004 Drawing No’s 7426/P6 and 7426/P6B.

5. Landscape Plans prepared John Chetham & Associates Dated 17 August, 2004, Drawing No’s: 280/DA/LPP/ED/1/F; LPP/02/D; LPP/03/D; LPP/04/D; LPP/05/D.

6. Vegetation Management Plan prepared by Total Earth Care Co, dated December 2003.

S J Watts

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Citations

Provincial Planning Pty Limited v Hornsby Shire Council [2004] NSWLEC 461

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CITATION:	Provincial Planning Pty Limited v Hornsby Shire Council [2004] NSWLEC 461
PARTIES:	APPLICANT: Provincial Planning Pty Limited RESPONDENT: Hornsby Shire Council
FILE NUMBER(S):	10290 of 2004
CORAM:	Watts C at 1
KEY ISSUES:	Development Application :- Vehicular access arrangements off New Line Road
LEGISLATION CITED:	Hornsby Shire Local Environmental Plan 1994, (HSLEP) - State Environmental Planning Policy No 11 - Traffic Generating Development, (SEPP11) - State Environmental Planning Policy No 44 - Koala Habitat, (SEPP44) - State Environmental Planning Policy No 55 - Remediation of Land, (SEPP55) - Sydney Regional Environmental Plan No 20 - Hawkesbury-Nepean River, (SREP20) - Dural Service Centre Development Control, (DSCDCP) - Car Parking Development Control Plan, (CPDCP) - Access and Mobility Development Control Plan, (AMDCP) - Outdoor Advertising Development Control Plan, (OADCP) - Sustainable Water Development Control Plan, (SWDCP) - Hornsby Shire Council Policy and Guidelines for Noise and Vibrating Generating Development; (Noise Policy) - Environmental Planning and Assessment Regulations, 2000 - Environmental Planning and Assessment Act ss 79C and 97
CASES CITED:
DATES OF HEARING:	18/08/2004
EX TEMPORE JUDGMENT DATE :	08/18/2004
LEGAL REPRESENTATIVES:	APPLICANT: Dr S Berveling, barrister, instructed by the applicant SOLICITORS: N/A RESPONDENT: Mr A Pickup, solicitor SOLICITORS: Hornsby Shire Council