Sam and Vera Touma v Holroyd City Council
[2004] NSWLEC 225
•05/10/2004
Land and Environment Court
of New South Wales
CITATION: Sam and Vera Touma v Holroyd City Council [2004] NSWLEC 225 PARTIES: APPLICANT
RESPONDENT
Sam and Vera Touma
Holroyd City CouncilFILE NUMBER(S): 10238 of 2004 CORAM: Watts C KEY ISSUES: Development Application :- Streetscape and appearance of bulk
and OverlookingLEGISLATION CITED: Holroyd Local Environmental Plan 1991,(HLEP)
Development Control Plan No 1 - "Guidelines for dual occupancy development" (DCP1)
Development Control Plan No 4(B) - "Guidelines for dual occupancy development" (DCP4(B))
Development Control Plan No 6 - "Guidelines for Subdivision" (DCP6)
Environmental Planning and Assessment Act 1979, ss 79C and 97CASES CITED: DATES OF HEARING: 10/05/2004. On site hearing at 9.30am and resumed at the Council's conference room 1. EX TEMPORE
JUDGMENT DATE :05/10/2004 LEGAL REPRESENTATIVES:
APPLICANT
Mr J Maston, barrister instructed by
Mr Tohme, solicitorSOLICITOR
Greenaway & TohmeRESPONDENT
SOLICTOR
Mr J Reilly, solicitor
Abbott Tout
JUDGMENT:
- The bulk, scale and height of the development is more than reasonable;
- The front setback is greater than required and there is significant articulation in the front façade;
- It is not a boxed type of development as the architecture is varied and articulated not only in plan but also in the vertical plane and satisfies the objective of cl 10 of the DCP4(B);
- The front setback of the garages would be a minimum of 6.8m and up to 8m where the council would require 6m, and the slight forward placement of the garages is a positive element as it provides greater articulation of the front façade;
- Extensive landscaped areas and private yards would be provided; and
- The development would have an appearance similar to two-storey dwellings nearby.
10238 of 2004 Watts C 10 May 2004IN THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES
v Holroyd CouncilSam and Vera Touma
Applicant
Respondent
1 This is an appeal under s 97 of the Environmental Planning and Assessment Act 1979, against the deemed refusal by Holroyd City Council (the council) of a development application to demolish an existing dwelling and ancillary structures, and to erect a dual occupancy development comprising two x four bedroom dwellings, and Torren title sub-division, (previously strata title) at Lot 59 DP 13233, known as No 82 Chelmsford Road, South Wentworthville.Judgment
2 The applicant also seeks an order under s 40 of the Land and Environment Court Act 1979 , for an easement to drain water over land at Lot 66, DP 13233, known as No 81 Boronia Street, South Wentworthville. This will be dealt with at another time in another place.
3 I visited the land in company with the parties on the first day of the proceedings. Mr M Hasbany of No 81 Boronia Street, South Wentworthville, attended and explained that he objected to the proposed easement for drainage across his land.
4 I have concluded that the application should succeed when considered under s 79C of the Environmental Planning and Assessment Act 1979 .
The land
5 The land is situated on the eastern side of Chelmsford Road south of the intersection of Wirralee Street and north of the loop. The land is trapezoidal with a frontage to Chelmsford Road of 21.845m; a northern side boundary of 49.94m, a southern boundary of 53.39m and rear boundary of 10.87m and an area is 798m2.
6 The land has a slight fall from the front northwestern corner to the southeastern rear corner with a fall of about 2m. As a result it is proposed to drain stormwater to Boronia Street across Mr Hasbany’s land.
7 There are a number of trees and shrubs growing on the land. The existing buildings include a dwelling house, carport and garage.
8 The eastern side of Chelmsford Road is characterised by single residential dwellings, single-storey in scale, many of fibro or similar materials. On the western side of Chelmsford Road, a similar style of development is still predominant with some new development, including townhouses and villas.
Relevant planning controls
Holroyd Local Environmental Plan 1991, (HLEP)
9 The land is zoned 2(a) Residential "A" under the provisions of the HLEP and the proposal is permissible with consent. The 2(a) zone objective of relevance is “…to provide and maintain the amenity of a predominantly low scale living area and to enable sensitive infill of medium-density housing styles”.
Development Control Plan No 1- "Guidelines for parking", (DCP1)
10 Clauses 2, 5.1, 7.9 of DCP1 are relevant to dual occupancies.
Development Control Plan No 4(B) - "Guidelines for dual occupancy development", (DCP4(B))
11 Clause 5.0 of DCP4(B) is relevant to attached dual occupancies. Clause 7.1 of DCP4(B) relates to subdivision, and cl 8.0 to setbacks, cl 10.0 bulk and scale, cl 12.0 building appearance, cl 13.0 building materials, cl 14.0 to private open space, cl 16.0 to car parking/ storage and access, cl 17.0 to solar access, cl 18.0 to landscaping, and cl 19.0 to water management.
12 The relevant objectives are:
· To provide design controls which lead to the provision of environmentally sensitive dual occupancy development;
· To achieve a form of building which is similar in scale and appearance to a detached dwelling house;
· To create quality urban design which is based upon a comprehensive site and streetscape analysis and achieves the following: positive contributions to the existing streetscape; building designs which minimise adverse impacts on neighbours; which provide a high level of amenity for residents in the neighbourhood; buildings to provide an private open space which provides a high level of amenity for future residents and new buildings in a landscaped setting.
Development Control Plan No 6 - "Guidelines for Subdivision", (DCP6)
13 Sets out the councils requirements for Torens title subdivision.
The proposal and its history
14 Development application No 2004/ 260 was lodged with the respondent council on 24 September 2003 to demolish an existing dwelling and ancillary structures, to erect a dual occupancy development comprising two x four bedroom dwellings, and to now Torrens title subdivide the land.
Notification
15 The application was notified to nearby owners and occupants and the council received one objection from Mr and Mrs Hasbany concerning the proposed stormwater easement.
16 The council wrote to the applicant on 2 December 2003 and 6 February 2004, requesting design changes and further information.
The council’s decision
17 When the appeal was filed the council had not determined the application.
The hearing
18 The appeal was filed on 9 February 2004.
19 At the hearing the court heard evidence on behalf of the respondent council and the applicant from the Court appointed expert Mr A Moody, consultant town planner.
21 The following emerged as the salient issues:ParticularsThe issues
20 On 7 April 2004 the council filed a statement of issues.
1. Whether the proposal complies with objective (a) (the provision and maintenance of the amenity of a predominantly lowdensity living area, and the provision of sensitive infill medium density housing styles) of the 2(a) Residential "A" Zone under Holroyd Local Environmental Plan 1991.
(a) The proposal does not maintain the amenity of a predominantly low-density living area, in that there are significant opportunities for overlooking from the rear first floor balconies;
(b) Unreasonable overshadowing to 84 Chelmsford Road, South Wentworthville.
(c) The amenity of the predominantly low-density living area is not preserved by the excessive bulk and scale of the proposal particularly, as it relates to the established scale on the eastern side of Chelmsford Road. It is also noted that, the proposal does not angle or step back as required by clause 10.0 of DCP No 4(B) "Guidelines for dual occupancy development", and does not provide sufficient articulation to the proposed elevations.
(d) The roof tile colour is not compatible with adjoining dwellings, and should be changed.
(e) Matters raised by the resident objectors.
(f) Failure to deal adequately with stormwater disposal, as required by clause 19.2 of DCP No 4(B).
· Streetscape and appearance of bulk; and
· Overlooking;
The evidence and findings
Streetscape and appearance of bulk
22 This was the main issue between the parties. The objective (a) of the 2(a) Residential "A" zone under the HLEP requires the provision and maintenance of the amenity of a predominantly low density living area, and the provision of sensitive infill medium density housing styles. Leaving aside the question of whether a dual occupancy development falls to be considered as an infill medium density housing style I am satisfied on the evidence of Mr Moody that the proposal would provide and maintain the amenity of a predominantly low-density living area.
23 My reason for concluding this is that although the proposal would cause a visual change in the character of the area compared with the single-storey cottages that adjoin the land, there are other-two storey dwellings in the area not unlike that proposed.
24 Mr Moody was of the opinion that the proposal fits comfortably within the planning controls for this low-density living area and would itself be a sensitive infill development. He considered that two-storey development would not be inappropriate in this area. He pointed to similar juxtapositioning of single-storey and two-storey buildings in the area. In s 10 of his report in Exhibit 1 he considered that bulk, scale, streetscape articulation and visual appearance of the proposal to be satisfactory as:
25 Mr Maston submitted that Mr Moody was unshaken in cross-examination and the Court should rely upon his evidence.
- 26 Mr Riley submitted that the main issue is the provision and maintenance of the amenity of a low-density residential area as outlined in the objectives of the HLEP [Note: Exhibit 2 p 17 objective (a)]. He submitted that this objective was reinforced in the general objectives of the DCP4(B), [Note: Exhibit 3 p 13].
- The balconies are not large;
- The balconies are associated with bedrooms on the first floor, and as noted in AMCORD less emphasis is placed on overlooking from a bedroom than from a living room;
- Each balcony would be provided with a glass block screen on its edges and a planter box 1m high along the leading edge that would reduce overlooking to the sides to the north at No 80 Chelmsford Road and No 84 Chelmsford Road to the south;
- The proposed balconies would be located 19m from the rear boundary.
27 Despite the solid evidence of Mr Moody, Mr Riley submitted that the architect or designer had not given sufficient consideration of the existing character of the street. In particular, he maintained that the eastern side of Chelmsford Road is part of the visual catchment and the western elevation of the proposal, would not relate well with the adjoining single-storey dwellings. He submitted that the proposal would visually interrupt the single cottage form of the street as it would be “…too big and bulky and does not articulate sufficiently” .
28 He submitted that under cl 10 of the DCP [Note: Exhibit 3 pp 27-8] future development would exhibit “…a greater level of articulation” than that proposed. He submitted that the proposal would not fit the existing or desired future character of the area and should be refused consent.
29 The proposal could achieve a greater compliance with the 66.6% reduction in bulk of the first floor when compared with the ground floor, if one were to remove the eaves over the rear balconies and not provide any eaves on the top floor. I am satisfied that this is not required and the architectural features incorporated in the design are desirable in articulating the design and giving shade. Although the proposal would not comply with the two-thirds rule I would not refuse the application for this reason.
30 I am not persuaded by the submissions Mr Maston and accept the evidence of Mr Moody.
31 I am satisfied that the general objectives of DCP4(B) are met, in that the proposal would: achieve a form of building which is similar in scale and appearance to a detached dwelling house that could be expected in this area; and would create quality urban design which is based upon a comprehensive site and streetscape analysis. I am satisfied that the proposal would make a positive contribution to the existing streetscape; would minimise adverse impacts on neighbours; would provide a high level of amenity for residents in the neighbourhood; and provide adequate private open space and a high level of amenity for future residents and new buildings in a landscaped setting.
32 I am satisfied that DCP4(B) provides design controls which lead to the provision of environmentally sensitive dual occupancy development and the proposal would achieve that end.
Overlooking
33 Mr Riley submitted for the council, that there would be an unacceptable amount of overlooking to the side of the first floor balconies. He said the impacts would be felt in the courtyards of the adjoining proposed dual occupancy development and in neighbouring rear yards. He submitted that Mr Moody agreed there would be some impacts but these would not be unusual. He asked the Court to weigh up the benefit to be gained from those two balconies against the impacts.
34 Mr Maston submitted that the evidence of Mr Moody should be relied upon.
35 Mr Moody considered the extent of overlooking from the first floor balconies of both dwellings would not be unreasonable or uncharacteristic for reason that:
36 I accept that evidence and would not refuse the application for this reason.
37 For the above reasons, the appeal is upheld.
Conditions
38 The conditions are those in Exhibit 5 as amended.
Orders
39 My orders are:
1. The appeal under s 97 of the Environmental Planning and Assessment Act 1979 is upheld.2. Development application No 2004/ 260 lodged with the respondent council on 24 September 2003 to demolish an existing dwelling and ancillary structures, to erect a dual occupancy development comprising two x four bedroom dwellings, and to now Torrens title subdivide the land at Lot 59, DP 13233, known as No 82 Chelmsford Road, South Wentworthville is approved subject to Conditions 1 to 112 in Annexure A.
________________________3. The exhibits with the exception of Exhibits A, B, C, E, F, G, 5 and 6 are returned.
S J Watts
Commissioner of the Court
sw
Appeal No: 10238 of 2004
Sam and Vera Touma
v
Holroyd City Council
COUNCIL FILE NO: 2004/260
PROPERTY: Lot 59, DP 13233
STREET ADDRESS: 82 CHELMSFORD ROAD, SOUTH WENTWORTHVILLE
DEVELOPMENT CONSENT NO. 2004/260
PROPOSED DEVELOPMENT: DEMOLITION OF EXISTING STRUCTURES, ERECTION OF A TWO STOREY ATTACHED DUAL OCCUPANCY AND STRATA SUBDIVISION THEREOF INTO TWO (2) LOTS
DATE FROM WHICH TO BE ADVISED UPON SATISFACTORY
CONSENT OPERATES: COMPLETION OF SCHEDULE ‘A’
CLASSIFICATION: Class 1(a)
This Development Application is APPROVED in accordance with the Environmental Planning & Assessment Act 1979 and is subject to compliance with the requirements of the Building Code of Australia, the Local Government Act 1993, and the following conditions as set out hereunder and/or endorsed upon the attached plans.
Pursuant to Section 80(3) of the Act, this consent is not to operate until Council is satisfied that all Schedule “A” conditions have been satisfied.
DEFERRED COMMENCEMENT SCHEDULE “A”
Consent to demolition of existing structures, erection of a two storey attached dual occupancy and strata subdivision thereof into two (2) lots shall not operate until all of the following Schedule “A” conditions have been complied with to Council’s satisfaction.
Easement Creation
1. A drainage easement 1m wide (minimum) being created in favour of the property to be developed over downstream properties, to permit the disposal of stormwater to Boronia Street. Documents relative to the creation of the easement to be lodged with Land and Property Information NSW with registration being effected prior to Schedule “B” conditions becoming operational. All costs associated with piping, relocation and creation of easements shall be borne by the applicant.
SCHEDULE “B”
This consent cannot operate until such time as Council is satisfied with the evidence produced in response to Schedule “A” and has notified the applicant in writing of the date from which the consent operates.
PRELIMINARY
1. Deleted.
2. Development shall take place generally in accordance with the following attached endorsed plans:
· Architectural plans prepared by Architex, Job No. 1552, Drawing Nos:
- Sheet 2, Revision 2 amended 18 February 2004;
- Sheet 3, Revision 1 amended 15 December 2003;
- Sheet 4, Revision 2, amended 18 February 2004;
- Sheet 5, Revision 2, amended 18 February 2004;
- Sheet 7, Revision 2, amended 18 February 2004.
· Stormwater/ OSD Plan prepared by Rammy Associates Pty Ltd, Job No. jul 24031d1, Sheet 1 of 2 and Job No. jul 24031d2, Sheet 2 of 2, Issue A dated 22 September 2003;
· Waste Management Plan contained within the Statement of Environmental Effects dated 10 September 2003 and submitted to Council 18 December 2003;
· Schedule of external colours and finishes Job No. 1552, submitted 24 September 2003 in Exhibit F; and
· Rainwater tanks as provided in Condition 75.
As amended in red by Council. All amendments are to be incorporated in the Construction Certificate plans.
3. All building work shall be carried out in accordance with the requirements of the Building Code of Australia. Fully detailed plans including fire safety details shall be submitted with the Construction Certificate application.
Appointment of Council or a Private Certifier as the Principal Certifying Authority (PCA)
4. Either Council or a Private Certifier is to be appointed as the Principal Certifying Authority (PCA) for the development in accordance with Section 109E of the Act.
Accordingly, wherever reference is made to the Principal Certifying Authority in this Consent, it refers to Council or the Private Certifier as chosen by you.
Note: Once you have chosen either Council or a Private Certifier as the PCA, you cannot change from one to the other, or from one Private Certifier or another, without the approval of DIPNR.
5. The applicant shall consult with, as required:
- (a) Sydney Water Corporation Limited
(b) Integral Energy
(c) Natural Gas Company
(d) A local telecommunications carrier
regarding their requirements for the provision of services to the development and the location of existing services that may be affected by proposed works, either on site or on the adjacent public road(s).
6. The proposed structure/s are to be located clear of existing Council easements. Special footings will be required where the proposed/existing structures are adjacent to a drainage easement. The footings shall be taken down to the invert level of the existing drainage structure or to solid rock, whichever is the lesser. The footing depth may decrease by 500mm for every 1000mm increment in distance the footing is from the easement boundary.
- The footing system is to be designed by a practising professional structural engineer.
7. Building materials, builders sheds, waste bins, site fencing, gates or any material of any description shall not be left or placed on any footway, road or nature strip. Footways and nature strips shall be maintained, including the cutting of vegetation, so as not to become unsightly or a hazard for pedestrians. Offenders will be prosecuted.
Demolition
8. In the event that demolition is to occur prior to the issue/release of a Construction Certificate, all relevant fees and bonds such as the demolition inspection fee, kerb & gutter and tree protection bonds shall be paid in full to Council prior to demolition commencing (as per the relevant conditions elsewhere in this Development Consent). Furthermore, the applicant/developer is to ensure that all relevant conditions in this Development Consent relating to the protection of the site, adjoining lands and trees are adhered to in full prior to commencement of any demolition works.
9. Permission is granted for the demolition of all existing structures on the subject site, as indicated on the approved plans; subject to strict compliance with the following:-
a) Demolition is to be carried out in accordance with the applicable provisions of Australian Standard AS2601 1991 - The Demolition of Structures. Note : Developers are reminded that WorkCover requires that all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications.
b) The developer is to notify owners and occupiers of premises on either side, opposite and at the rear of the development site five (5) working days prior to demolition. Such notification is to be a clearly written on A4 size paper giving the date demolition will commence and be placed in the letterbox of every premises (including every residential flat or unit, if any) either side, immediately at the rear of, and directly opposite the demolition site. The demolition must not commence prior to the date which has been notified in accordance with the conditions in the notification.
c) Five (5) working days (i.e., Monday to Friday with the exclusion of Public Holidays) notice in writing is to be given to Holroyd City Council for inspection prior to the commencement of works. Such written notice is to include the date when demolition will commence and details of the name, address, business hours contact telephone number and licence number of the demolisher. Persons undertaking demolition work should obtain the relevant licence with WorkCover. Works are not to commence prior to inspection being carried out. Works must also not commence prior to the date nominated.
d) On the first day of demolition, work is not to commence until the Principal Certifying Authority (PCA) has inspected the site. Should the building to be demolished be found to be wholly or partly clad with asbestos cement, approval to commence demolition will not be given until the PCA is satisfied that all measures are in place so as to comply with WorkCover’s “Your Guide to Working with Asbestos”, a copy of which accompanies this Development Consent. All demolition works must at all times comply with WorkCover’s “Your Guide to Working with Asbestos”.
e) On demolition sites where buildings to be demolished contain asbestos cement, a standard commercially manufactured sign containing the words “DANGER ASBESTOS REMOVAL IN PROGRESS” measuring not less than 400mm x 300mm is to be erected in a prominent visible position on the site to the satisfaction of Council’s officers. Advice on the availability of these signs can be obtained by telephoning Council's Customer Service Centre during business hours on 9840 9840. The sign to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos cement 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.
f) Demolition shall not commence until all trees required to be retained/transplanted are protected in accordance with those conditions stipulated under “Prior to Works Commencing” in this Consent.
g) All previously connected services are to be appropriately disconnected as part of the demolition works. The applicant is obliged to consult with the various service authorities regarding their requirements for the disconnection of services.
h) Demolition works involving the removal and disposal of asbestos cement must only be undertaken by contractors who hold a current WorkCover “Demolition Licence” and a current WorkCover “Class 2 (Restricted) Asbestos Licence”.
i) Demolition is to be completed within five (5) days of commencement at which time the applicant shall notify the Certifying Authority.
j) Demolition works are restricted to Monday to Friday between the hours of 7.00am to 6.00pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays.
k) Protective fencing is to be installed to prevent public access to the site.
l) Where materials containing asbestos cement are to be removed demolition is to be carried out by licensed contractors experienced with asbestos removal.
m) All asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Environment Protection Authority (EPA).n) Before demolition operations begin, the property shall be connected to the sewer of Sydney Water to which a pedestal pan shall be temporarily connected for the use as the employees’ toilet service during demolition operations.
NOTE : The person responsible for disposing of the above asbestos waste is to telephone the EPA on (02) 9995 555 or Council’s Waste Officer on (02) 9840 9892 to determine the location of a tip licensed to receive asbestos. Upon completion of tipping operations and within fourteen (14) days, the applicant must lodge with Council, all receipts issued by the receiving tip as evidence of proper disposal.
o) After completion, the applicant shall notify the Principal Certifying Authority within seven (7) days to assess the site and ensure compliance with AS2601.
p) Within fourteen (14) days of completion of demolition, the applicant shall submit a signed statement to the Principal Certifying Authority verifying that demolition work and recycling of materials was undertaken in compliance with the Waste Management Plan prepared in accordance with DCP No. 35 “Guidelines for Planning for Less Waste”. The Certifying Authority is to submit a copy of the statement to Council.
In reviewing such documentation Council will require the provision of actual weighbridge receipts for the recycling/disposal of all materials.
10. Payment of $145.50 fee for inspection by Council of the demolition site prior to commencement of any demolition works.
PRIOR TO ISSUE/RELEASE OF CONSTRUCTION CERTIFICATE/PRELIMINARY CONDITIONS FOR DEMOLITION
Payment of Bonds, Fees and Long Service Levy
11. The Principal Certifying Authority is to ensure and obtain written proof that all bonds, fees and contributions as required by this consent have been paid to the applicable authority. This includes all Long Service Levy payments to be made to the Long Service Payments Corporation.
Section 94 Contribution
12. A public reserve contribution of $2,922 being for one (1) additional dwelling is to be paid to Council. This contribution is imposed under the Holroyd Section 94 Contributions Plan for Open Space and Recreation Facilities - which came into force on 2 December, 1998. A copy of this plan can be inspected at Council’s Civic Centre located at 16 Memorial Avenue, Merrylands between the hours of 8am and 4.30pm Monday to Friday. This contribution will form part of the funding towards the purchase/embellishment of Local, District and Regional Open Space and the administration of Council’s Section 94 Contribution fund.
13. A community facility contribution of $895 being for one (1) additional dwelling is to be paid to Council. This contribution is imposed under the Holroyd Section 94 Contributions Plan for Community Facilities - which came into effect on 13 November, 2000. A copy of this plan can be inspected at Council’s Civic Centre located at 16 Memorial Avenue, Merrylands. This contribution will form part of the funding towards the provision, extension or augmentation of community facilities and services that will, or are likely to be, required as a consequence of development in the Holroyd Local Government Area.
Consistency with Endorsed Development Consent Plans
14. The Principal Certifying Authority must ensure that any certified plans forming part of the Construction Certificate, are in accordance with the Development Consent plans.
- Tree Planting/Landscaping
15. A bond of $5,600 is to be lodged with Council against the planting, establishment and maintenance of the required landscaping/tree planting. This bond will be retained for a minimum period of twelve (12) months from the issue of a Final Occupation Certificate after which a further inspection will be undertaken by Council or the Principal Certifying Authority (PCA), to ensure the satisfactory establishment and maintenance of the landscaping/tree planting.
If Council is not the PCA, certification from the designer of the landscape works that the required landscaping/tree planting is establishing and being maintained satisfactorily, is to be submitted to Council at the expiry of the bond period prior to the bond being refunded.
If the landscaping is not established or maintained to Council’s or the PCA’s satisfaction, the bond monies will be applied to fully implement the landscape plan.
Note: Retention of bonds for twelve (12) months provides for the landscaping/tree planting to establish over a full cycle of seasons.
16. The following bonds shall be lodged with Council prior to works commencing against the retention, protection during demolition/construction and adaptation to the altered environment, of the following trees identified on the endorsed plans:-
1 Melaleuca $2,000Tree No & Species Bond
2 Acer $1,000
3 Acer $1,000
4 Acer $1,000
TOTAL $5,000
The bonds will be retained for a minimum period of twelve (12) months from the date of issue of a Final Occupation Certificate after which a further inspection will be undertaken by the PCA to ensure the satisfactory adaptation of the trees to their altered environment.
If Council is not the PCA, a report on the health and condition of the trees, from the Arborist engaged to ensure the proper protection and management of the trees required to be retained, is to be submitted to Council at the expiry of the bond period and prior to the bond being refunded. If the report indicates that the tree/s require remedial works, which are not exempt under Council’s Tree Management Order, an application for General Tree Works will be required to be submitted and approved, before the works are carried out and certified by the Arborist. Remedial works which are exempt under Council’s Tree Management Order will also be required to be completed and certified.
If the trees are not retained, protected or managed to Council’s or the PCA’s satisfaction, bond monies will be forfeited at the following rates unless remedial works are implemented:-
(a) An initial breach of any tree protection condition – 20% of total bond for particular trees.
(b) A second or the continuing breach of any tree protection condition - 40% of total bond for particular trees.
(c) If after 40% of the bond is retained, further breaches of the tree protection conditions occur, Council may instigate legal proceedings for the cessation of all works on the site.
Note: Retention of bonds for twelve (12) months provides for the trees to adapt to their altered situation over a full cycle of seasons.(d) Death of any protected trees due to non-compliance with tree protection conditions – 100% of total bond for particular trees and possible legal action by Council.
- Engineering Fees and Bonds
17. Payment of a $175 fee for the design, specifications and inspection by Council of the vehicular crossing/s prior to placement of concrete.
18. Payment of a $241 fee for the design, specifications and inspection by Council of the footpath paving prior to placement of concrete.
19. Payment of a $241 fee for the design, specifications and inspection by Council of the kerb and guttering prior to placement of concrete.
20. Payment of a $456 fee for the inspection by Council of the stormwater and On Site Detention system at the key stages, where Council is the Principal Certifying Authority.
21. The applicant shall lodge with Council a $2,000 cash bond or bank guarantee for the satisfactory completion of the construction or reconstruction of the concrete footpath paving adjacent to the site. This bond is refundable upon completion of all works on the site.
22. The applicant shall lodge with Council a $3,000 cash bond or bank guarantee for the satisfactory completion of the construction or reconstruction of the concrete kerb and guttering adjacent to the site. This bond is refundable upon completion of all works on the site.
23. The applicant shall lodge with Council a $3,000 cash bond or bank guarantee for the satisfactory completion of the construction of the drainage system through a public area or adjoining private property. This bond is refundable upon completion of all works within the properties effected and the submission of a letter from the owner of the properties stating that they are satisfied with restoration works carried out on their property
24. The applicant shall lodge with Council a $4,450 cash bond to cover the registration of a Positive Covenant and Restriction as to User over the on-site stormwater detention system.
25. The applicant shall lodge with Council a $1,000 cash bond or bank guarantee to cover the satisfactory reconstruction of Council’s gully pit/s and associated works along all areas of the site fronting .
Road Works
26. A Traffic Management Plan shall be lodged with Council for any road and drainage works to be carried out within public road reserves, or where construction activity impacts on traffic flow or pedestrian access, in strict compliance with the requirements of Australian Standard 1742.3 (Traffic Control Devices for Works on Roads). In this regard, the applicant shall pay Council a $125 fee for the assessment of the Traffic Management Plan by Council, prior to commencing works within the road reserves.
Required Submissions to Certifying Authority
27. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.
Following application, a “Notice of Requirements” will advise of 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).
(Application must be made through an authorised Water Servicing Coordinator. Please refer to the “Your Business” section of the web site then follow the “e-Developer” icon or telephone 13 20 92 for assistance.
28. An erosion and sediment control plan (in duplicate) shall be submitted to the Principal Certifying Authority prior to the issue/release of the Construction Certificate and is to be prepared by a suitably qualified person in accordance with the guidelines set out in Holroyd City Council’s “Erosion and Sedimentation Control Policy”. The plan shall include as a minimum the following:-
n Locality
n Contours (initial and final)
n Existing vegetation
n Existing site drainage
n Land slope gradient
n Location of topsoil stockpiles
n Erosion control measures
n Sediment control measures
n Location of crushed rock construction entrance
n Location of roads, driveways and accessways and all impervious surfaces
n Details of site revegetation program
n Outline of a program of maintenance for the erosion and sediment controls
29. Retaining walls greater than 1.0m above finished ground level or other approved methods necessary to prevent the movement of excavated or filled ground, together with associated stormwater drainage measures, shall be designed by an appropriately qualified person. Details are to be included with any Construction Certificate application.
30. Structural engineer’s details (in duplicate) prepared and certified by a practising qualified structural engineer of all reinforced concrete and structural members shall be submitted to the Principal Certifying Authority.
Energy Efficiency - Residential
31. A hot water system with a minimum 3.5 star greenhouse rating shall be provided for each new dwelling. This may be achieved by solar-gas boost-storage, gas- instantaneous, gas-storage, electric heat pump-storage and solar-electric boost. Details shall be submitted to Council with the construction certificate.
Water Conservation - Residential
32. AAA rated water conservation devices including showerheads, water tap flow regulators and dual flush toilet & cisterns shall be provided for each new dwelling. Details shall be submitted to Council with the construction certificate.
PRIOR TO WORKS/DEMOLITION COMMENCING
Appointment of Principal Certifying Authority and Notification of Commencement of Work
33. The person having the benefit of the development consent, not the principal contractor (builder), must: -
(a) appoint a Principal Certifying Authority in accordance with Section 81A(2)(b) of the Act.
(c) Notify Council of the appointment of the Principal Certifying Authority and of the intention to commence building work, such notification is to be given to Council at least two (2) working days prior to the proposed commencement date, and be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.(b) Have the Principal Certifying Authority complete the ‘Accredited Certifier Details’ on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.
If nominated, Council can provide this service for you and act as the Principal Certifying Authority.
N.B. The Principal Certifying Authority must also notify the person having the benefit of the Development Consent of any mandatory critical stage inspections and other inspections that are to be carried out in respect of the building work such notification must comply with Clause 103A of the Regulations.
Notification of Principal Contractor (Builder)/Owner-Builder
34. The person having the benefit of the Development Consent must:-
(a) notify the Principal Certifying Authority that the person will carry out the work as an owner-builder, if that is the case;
OR
(c) notify the Principal Certifying Authority of any such appointment.(b) Appoint a Principal Contractor for the building work (who must be the holder of a contractor licence if any residential building work is involved), and notify the Principal Contractor of any mandatory critical stage inspections and other inspections that are to be carried out in respect of the building work.
Required Submissions to Council or the Principal Certifying AuthorityWhere Council is the Principal Certifying Authority, such notification is to be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.
35. To facilitate a complete assessment and enable the Certifying Authority to check compliance on site, truss validation and design, details certified by a qualified practising structural engineer shall be submitted to Council or the Principal Certifying Authority for examination and approval. Details shall include:
- a) job address and builder’s name
b) design wind velocity
c) terrain category
d) truss spacing
e) roof pitch
f) material of roof
g) roof batten/purlin spacing
h) material of ceiling
i) job number
- Fencing of Sites
36. Fencing of sites is required to prevent public access when the site is unoccupied and building works are not in progress. In this regard the MINIMUM acceptable standard of fencing to the site is properly constructed chain wire fencing 1.8m high, clad internally with Hessian or Geotextile fabric. All openings are to be provided with gates, such gates are not at any time to swing out from the site or obstruct the footpath or roadway.
Signs to be Erected on Sites
37. A signboard legible from the street frontage shall be erected in a prominent visible position on the site. The signboard is to clearly show all of the following information:-
- a) Name of owner, builder, builder’s licence number and the street number of the allotment.
b) A statement that unauthorised entry to the work site is prohibited.
c) The name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.
Note: This clause does not apply to:-
a) building work carried out inside an existing building, or
b) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out.
- Prohibited Signage
38. Advertising, Architects, Designers, site suppliers and any other signage not mentioned in the conditions, is not to be placed or displayed on the site, such that the signage is visible from any public place. Offenders may be prosecuted.
Protection of Public Places
39. A hoarding or fence must be erected between the work site and any public place, if the work involved in the erection or demolition of the building; is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or involves the enclosure of a public place.
- If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.
The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.
- Site Control Measures
40. Suitable erosion and sediment control measures shall be provided at all vehicular entry/exit points and all other measures required with and/or shown on plans accompanying the Construction Certificate, to control soil erosion and sedimentation, are to be in place prior to the commencement of construction works. Such controls are to be provided in accordance with Holroyd City Council’s “Erosion & Sediment Control Policy.”
- Note: On-the-spot fines may be issued by council where measures are absent or inadequate.
- Tree Protection Conditions
41. An Arborist qualified to at least Australian Qualifications Framework (AQF) Certificate Level 4 shall be retained throughout all demolition/construction work to ensure the proper protection and management of the tree/s required to be retained/transplanted and that any necessary pruning work within 1m of the building/s approved, is carried out in accordance with Australian Standard 4373-1996 “Pruning of Amenity Trees”. This includes on site supervision of the erection of tree protection measures and, where necessary, any works that are required within tree protection zones.
42. The trees identified on the endorsed plans as being retained/transplanted shall be protected prior to and throughout the demolition/construction process in accordance with the Guidelines for the Protection of Trees On and Adjacent To Demolition/Building sites, and relevant conditions of this Consent. All trees not authorised to be removed by this Consent must be retained. Prior to any work commencing, certification of the installation and inspection of the required tree protection works is to be provided to the Principal Certifying Authority by a suitably qualified person/the Arborist engaged to ensure the proper protection and management of the trees required to be retained. A copy of the Certificate is to be issued to Council within seven (7) days of the inspection and prior to any works commencing. Additionally, trees identified for removal are to be retained until immediately prior to works commencing, to assist with soil management and erosion control.
43. Protective fencing is to be installed around the tree/s to be retained in line with the dripline and/or that part of the dripline of the tree/s which overhangs the site. This fencing is to be constructed of chainwire mesh 1.8m high, which is supported by steel stakes or piping and braced to resist impacts. Where appropriate the trunk/s of the tree/s on the site and any street tree/s (which are not to be fenced other than as mentioned above), shall also be protected by vertical timber boards, installed by or under the supervision of a suitably qualified person/the arborist engaged to ensure the proper protection and management of the trees required to be retained/transplanted to accepted horticultural and TAFE standards.
Note: Removal of the protective fencing or timber boards during construction work, will affect the Bonds and may result in legal proceedings being instigated by Council against the applicant and builder.
44. The fenced zones surrounding the trees to be retained shall be mulched with 100mm of composted leaf mulch.
Footpaving, Kerbing and Guttering
45. Protection must be provided for Council footpaving, kerbing and guttering. Wooden mats must also be provided at all entrances where the site fronts paved footpaths.
46. Finished street levels shall not be assumed. The owner or builder must make application to Council’s Engineering Services Department for street levels.
Support for Neighbouring Buildings
47. If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land (including a public road and any other public place), the person causing the excavation to be made:-
- a) must preserve and protect the building from damage, and
b) if necessary, must underpin and support the building in an approved manner, and
c) must, at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars to the owner of the building being erected or demolished.
The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (In this clause, allotment of land includes a public road and any other public place).
- Toilet Facilities
48. Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.
- Each toilet provided:
a) Must be a standard flushing toilet, and
b) Must be connected:
- i) To a public sewer,
ii) If connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or
iii) If connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council.
iv) The position of the toilet on the site shall be determined by Council’s Building Surveyor and/or Sydney Water.
- Residential Building Work - Insurance
49. Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the Principal Certifying Authority for the development to which the work relates (where not Holroyd City Council) has given Holroyd City Council written notice of the following information:-
(a) in the case of work for which a Principal Contractor is required to be appointed:
(ii) the name of the insurer by which the work is insured under Part 6 of that Act,(i) the name and licence number of the Principal Contractor, and
(b) in the case of work to be done by an owner-builder:
(ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.(i) the name of the owner-builder, and
If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under this condition becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (where not Holroyd City Council) has given Holroyd City Council written notice of the updated information.
The notification is to be on the approved form provided by Council for this purpose, an original of which is attached to this Development Consent.
Roadworks
50. The applicant is to submit to Council an application for a road opening permit when the drainage connection into Council’s system is within the road reserve. In this regard the applicant shall pay Council a $100 fee prior to the commencement of works. Additional road opening permits and fees may be necessary where there are connections to public utility services (eg. telephone, electricity, sewer, water or gas) required within the road reserve.
51. 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.
Sydney Water
52. The approved plans must be submitted to 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 2092.)
DURING CONSTRUCTION
Endorsed Plans & Specifications
53. A copy of the endorsed stamped plans and specifications, together with a copy of the Development Consent and Construction Certificate are to be retained on site at all times.
Hours of Work & Display of Council Supplied Sign
54. For the purpose of preserving the amenity of neighbouring occupations building work including the delivery of materials to and from the site is to be restricted to the hours of 7.00am to 6.00pm Mondays to Fridays and 8.00am to 4.00pm Saturdays. Work on the site on Sundays and Public Holidays is prohibited. Note: Demolition work is not permitted on weekends or Public Holidays - refer to specific demolition condition for approved hours.
The yellow “Hours of Building Work” sign (supplied by Council with the approval), is to be displayed in a prominent position at the front of the site for the duration of the work.
Site Control
55. All soil erosion measures required in accordance with the approved sediment and erosion control plan and any other relevant conditions of this Consent are to be put in place prior to commencement of construction works are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. This includes the provision of turf laid on the nature strip adjacent to the kerb.
56. Builder’s refuse disposal and storage facilities are to be provided on the development site for the duration of construction works and all rubbish shall be removed from the site upon completion of the project.
57. Stockpiles of sand, soil and other material shall be stored clear of any drainage line or easement, tree protection zone, water bodies, footpath, kerb or road surface and shall have erosion and sediment control measures in place to prevent the movement of such materials onto the aforementioned areas and adjoining land.
Asbestos Cement Sheeting
58. i) All asbestos cement sheeting must be removed by contractors with an appropriate licence issued by WorkCover and who are familiar with asbestos removal prior to the commencement of:-
(a) Brick veneering or re-cladding of any building where the existing walls to be covered are currently clad with asbestos cement;
OR
(b) Construction work where new work abuts existing asbestos cement sheeting and/or where parts of the existing building clad with asbestos cement sheeting are to be altered or demolished.
Removal must be carried out strictly in accordance with WorkCover’s “Short Guide to Working with Asbestos Cement” (copy attached).
NOTE: The person responsible for disposing of the above asbestos waste is to telephone the EPA on (02) 9325 5709 to determine the location of a tip licensed to received asbestos. Upon completion of tipping operations the applicant shall lodge with the Council, all receipts issued by the receiving tip as evidence of proper disposal.ii) All asbestos laden waste, including flat, corrugated or profiled asbestos cement sheets must be disposed of at a tip recommended by the NSW Environment Protection Authority (EPA).
Waste Management Plan
59. The approved Waste Management Plan must be implemented and complied with during all stages of works on site.
60. Within seven (7) days of completion of construction/building works, the applicant shall submit a signed statement to Council or the Principal Certifying Authority verifying that demolition work and recycling of materials was undertaken in compliance with the Waste Management Plan. The Principal Certifying Authority shall submit a copy of the statement to Council.
- In reviewing such documentation Council will require the provision of actual weighbridge receipts for the recycling/disposal of all materials.
- Inspection of Works
61. The building works are to be inspected during construction, by the Council or by an Accredited Certifier and documentary evidence of compliance with the relevant terms of the approval, is to be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages:
- a) Sediment and erosion control;
b) Pre-demolition
c) Completion of demolition;
d) PRIOR to concreting of pier holes;
e) All trenches and steel reinforcement PRIOR to pouring of concrete;
f) Framework, when complete, PRIOR to the fixing of floor, wall, ceiling and roof finishes;
g) Wet areas, after the placement of damp roof and flashing courses;
h) Stormwater and drainage lines and pits PRIOR to back filling; including O.S.D.;
i) Wall, ceiling and ductwork framing PRIOR to fixing of fire rated and/or acoustic construction:
- after the first sheeting is fixed
- after the second sheeting is fixed
- after caulking is placed in the cornices
- after penetrations have been protected
- j) After the construction of the firewall/separating wall;
k) Completion of all works and PRIOR to occupation/use of the structure.
Copies of the above stated documentary evidence are to be submitted to the Principal Certifying Authority upon completion of each specified stage of construction and prior to occupation of the building.
- Construction
62. The building and external walls are not to proceed past ground floor formwork/reinforcing steel level until such time as the Principal Certifying Authority has been supplied with a check survey report prepared by a registered surveyor certifying that the floor levels and external wall locations to be constructed, comply with the approved plans, finished floor levels (FFL)s and setbacks to boundary/ies. The slab shall not be poured, nor works continue, until the Principal Certifying Authority has advised the builder/developer that the floor level and external wall setback details shown on the submitted survey are satisfactory.
On placement of the concrete, works again shall not continue until the Principal Certifying Authority has issued a Compliance Certificate stating that the Condition of approval has been complied with and that the slab has been poured at the approved levels.In the event that Council is not the Principal Certifying Authority, a copy of the survey shall be provided to Council within three (3) working days.
Landscaping/Site Works
63. All turfed areas shall be finished level with adjoining surfaces and also fall evenly to approved points of drainage discharge.
64. New 1.8m high lapped and capped timber paling or colorbond fences (colour to be sympathetic with the development), where necessary, determined in consultation with adjoining property owner(s), are to be erected along all side and rear boundaries and between courtyards at full cost to the developer. A Statutory Declaration or other documentary evidence of such consultation is to be submitted to the Principal Certifying Authority.
65. Fences are to taper from the front building line to be not more than 900mm high at the front boundary.
66. A single master T.V. antenna is to be installed to service each building and provision made for connection to each dwelling within that building.
Tree Protection
67. The tree/s identified on the endorsed plans as being retained/transplanted shall be protected against damage throughout the demolition/construction process in accordance with the attached Council Guidelines for the Protection of Trees On and Adjacent to Demolition/Building Sites and relevant conditions of this Consent.
68. The applicant shall accept all responsibility for the accuracy of the information provided to Council for assessment. If any tree/s are not shown on the endorsed plan or are required to be retained/transplanted and protected but are threatened by demolition/construction work through unforeseen construction requirements or plan inaccuracy, all site and building works so affected are to cease until the matter is resolved to the satisfaction of Council. Council’s Environmental and Planning Services Department is to be notified immediately upon such a problem being encountered.
69. Branches of trees to be retained/transplanted within 1m of the approved building, may be pruned by an Arborist qualified to at least Australian Qualification Framework (AQF) Certificate Level 3 in accordance with Australian Standard AS4373-1996 ‘Pruning of Amenity Trees’ to enable demolition/construction works to occur.
- Note: Any other pruning works not authorised by this Consent are subject to the approval of an application for General Tree Works activities.
70. No works are to occur within the fenced tree protection zone. All authorised works/activities within the fenced tree protection zone/s are to be undertaken by hand held equipment under the supervision of the consulting Arborist. No roots over 50mm in diameter are to be cut within the tree protection zone without prior consultation with Council officers or the consulting Arborist.
All roots over 50mm in diameter, which are encountered outside the fenced tree protection zone/s are to be cleanly cut and not ripped.
Inspection of Works
71. The stormwater drainage works are to be inspected during construction, by the Council or by a suitably qualified Civil Engineer. Documentary evidence of compliance with Council’s specifications shall be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages:
(a) Initial inspection to discuss concept and site conditions/constraints prior to commencement of construction of the detention basin/tank.
(b) Prior to backfilling of the trench within the drainage easement, following the layout of the stormwater pipe.
(c) Prior to backfilling of the trench and following the connection of the stormwater pipe into Council’s system.
(d) Prior to landscaping of the detention basin or pouring of the roof of the detention tank.
(e) After completion of storage but prior to installation of fittings (e.g. orifice plates, screens, flap valves etc.)
Council’s standard inspection fee will apply to each of the above set inspection key stages. Additional inspection fees will apply for additional inspections required to be undertaken by Council.(f) Final Inspection
- Road Works and Footpaving
72. Pedestrian access, including disabled and pram access, is to be maintained as per Australian Standard AS1742.3 “Part 3 – Traffic Control Devices for Works on Roads”.
73. All advisory and regulatory sign posting (for example parking restriction signage, pedestrian crossing signs, warning signs) are to remain in place during construction.
Underground Cabling
74. All communications cabling shall be installed underground as per relevant authority requirements (including broadband and Category 5).
Rainwater Tank
75. One or more rainwater tank(s), with a total capacity of at least 3,000 litres, is to be provided and maintained to each dwelling. The design is to be in accordance with the, “rainwater tank checklist” and relevant manufacturer’s specifications, except where amended by conditions of this consent, and located to provide for 2.1m headroom and to allow pedestrian access to the side boundaries. In this regard a compliance certificate certifying compliance with Conditions 75 to 82 shall be provided prior to the issue of the occupation certificates.
76. The rainwater tank(s) shall be connected to all toilets, washing machine outlet locations and all outdoor watering taps, other than one emergency mains tap at the front of the site near the water meter.
77. The rainwater tank supply shall not be connected to drinking and bathing water tap outlets.
78. The rainwater tank(s) shall be in accordance with the following:
(a) be fitted with a first flush diversion;
(b) be fitted with a small motorised or electric pump;
(c) be fitted with a trickle system to top-up from mains water;
(d) be fitted with an overflow outlet connected to the street drainage system;
(e) be fully enclosed and all openings sealed to prevent access by mosquitos;
(f) have a finish of a non-reflective material;
(g) have a label affixed to warning that the water is not to be consumed;
(h) be built on a self supporting base;
(i) be installed by a licensed plumber in compliance with Sydney Water guidelines and the “NSW Code of Practice: Plumbing and Drainage” ;
(j) be designed to draw water from above the anaerobic zone;
(k) be structurally sound be and constructed in accordance with Australian Standard AS/NZ 3500.1.2 – 1998: National Plumbing and Drainage – Water Supply – Acceptable Solutions ; and
(l) be provided with an air gap.
79. A back flow prevention device shall be provided at the water meter in accordance with Sydney Water requirements.
80. A back-up supply of mains water (in the event of power failure) shall be provided via either a “by-pass” of the pump or “dual feed” to at least one toilet in the dwelling.
81. The roof(s) from which tank rainwater is being collected shall not contain lead-based, tar-based or asbestos materials.
82. The rainwater tank shall be cleaned and maintained in accordance with the manufacturers and Sydney Water requirements.
PRIOR TO ISSUE OF OCCUPATION CERTIFICATE
Principal Certifying Authority
83. An Occupation Certificate is to be issued by the Principal Certifying Authority prior to the occupation of the building.
84. A Compliance Certificate or similar documentary evidence is to be issued by the Accredited Certifier stating that all building and site works have been carried out in accordance with the Development Consent and Construction Certificate.
Compliance Certificates/Documentary Evidence
85. A final clearance is to be obtained from Integral Energy if such clearance has not previously been issued.
86. A Section 73 Certificate (Sydney Water) must be submitted to the Principal Certifying Authority prior to occupation of the development.
87. A Compliance Certificate from the supervising qualified structural engineer responsible for the design shall be submitted to the Principal Certifying Authority and shall state that all foundation works/reinforced concrete/structural members have been carried out/erected in accordance with the Engineer’s requirements and the relevant SAA Codes.
Note: Any such certificate is to set forth the extent to which the engineer has relied on relevant specifications, rules, codes of practice or publications in respect of the construction.
88. A certificate shall be submitted to the Principal Certifying Authority stating that safety glazing has been used in the building in accordance with AS1288 - “Glass in Buildings - Selection and Installation”.
Landscaping/Tree Protection
89. Certification is to be provided to the Principal Certifying Authority (PCA), from a suitably qualified person/the designer of the landscape proposal, that all tree planting/landscape works have been carried out in accordance with the endorsed site plan/landscape plan. If Council is the PCA, the certification is to be submitted to Council prior to or at the final landscape inspection. If Council is not the PCA, a copy of the certification is to be provided to Council with the Occupation Certificate.
90. The Arborist engaged to ensure the proper protection and management of the trees required to be retained/transplanted is to provide a report to Council concerning the health and condition of the trees and if necessary any remedial works required. The report should also provide documentary evidence that the tree protection conditions were complied with throughout the demolition/construction phases, in the form of site notes and photographs. Should the trees require remedial works which are not exempt under Council’s Tree Management Order, an application for General Tree Works will be required to be submitted and approved before the works are carried out and certified by the Arborist. Remedial works which are exempt under Council’s Tree Management Order will also be required to be completed and certified.
91. Boundary and courtyard fences must be erected and finished in a professional manner.
Driveway
92. The vehicle crossing between the street and front boundary shall be constructed of plain concrete with no colour or stencilling.
On-Site Detention Certification and Covenant
93. A copy of the as approved OSD plan showing work as executed details shall be submitted to Council. The work as executed plan shall be in accordance with Council’s standards and specifications for stormwater drainage and on-site stormwater detention.
94. A compliance certificate in accordance with Council’s standards and specifications for stormwater drainage and on-site stormwater detention shall be issued to the Principal Certifying Authority by a suitably qualified Civil Engineer.
95. Documents giving effect to the creation of a Positive Covenant and Restriction on Use over the on-site stormwater detention system shall be registered on the title of the property. The wording of the terms of the Positive Covenant and Restriction as to User shall be in accordance with Council’s standards and specifications for stormwater drainage and on-site stormwater detention. The documents prepared shall be submitted to Council for approval prior to registration with Land and Property Information NSW.
96. A maintenance schedule for the stormwater and On-Site Detention system including a sketch plan of the components forming the sites stormwater and On-Site Detention system shall be submitted. The maintenance schedule shall be prepared by a qualified hydraulic engineer and shall be in accordance with the Upper Parramatta River Catchment Trust requirements. In addition, the maintenance schedule shall also be included in the Positive Covenant of the 88B Instrument, as a cross-reference or appendix.
Road Works
189. A full width medium duty vehicular crossing shall be provided opposite the vehicular entrance to the site, with a maximum width of 6.0 metres and a minimum width of 5.0 metres at the boundary line. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s issued drawings and level sheets.
190. The construction or reconstruction of kerb and gutter and associated works along all areas of the site fronting Chelmsford Road. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing SD-8100 and issued level sheets.
191. The construction or reconstruction of concrete footpath paving and associated works along all areas of the site fronting Chelmsford Road. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing SD-8100 and issued level sheets.
97. The reconstruction of Council’s gully pit/s and associated works along all areas of the site fronting Chelmsford Road. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing SD-8010.
195. Removal of all redundant vehicular crossings and laybacks along the full road frontage and replacement with kerb and gutter. These works shall be carried out by a licensed construction contractor at the applicant’s expense and shall be in accordance with Council’s standard drawing number SD-8100.
196. A compliance certificate for the construction of driveways, footpath paving, kerb and guttering and roadworks shall be obtained from Council and be submitted to the Principal Certifying Authority.
98. The applicant shall obtain a letter from the downstream property owner upon completion of the stormwater connection into Council’s pipe system stating that the restoration of his property is satisfactory.
99. The pipeline trench within the Council reserve shall be backfilled, compacted and turfed to the satisfaction of Council’s Engineer. This includes restoring any disturbance to Council’s property.
Easement Creation
100. A drainage easement and easement for services is to be created in favour of proposed Lot 1 and burdening proposed Lot 2 of the development. Documents relevant to the creation of the easement shall be lodged with the Land and Property Information NSW for Registration and effected prior to issue of the Occupation Certificate. All costs associated with piping, relocation and creation of easements are to borne by the applicant.
House/Street Number
101. A house/street number must be displayed on all newly developed properties in accordance with Council's "Policy on the Display of House Numbers" available from the Customer Services Counter or Council's website, TO RELEASE OF LINEN PLAN
Linen Plan
102. The linen plan for the subdivision when lodged for final approval must be accompanied by four (4) copies and linen plan release fee of $168.40.
88B Instrument
103. As per Condition 95 of Development Consent 2004/260 a restriction on the use of the land and a positive Covenant are to be created to maintain the On Site Detention system. The Section 88B instrument required is to be created in association with the subdivision and is to be in accordance with Holroyd City Council’s standard wording. The instrument should also be used to create any Right of Carriageway and easement required. Provision is to be made for the General Manager of the Council or his/her designate to sign the document and it is to be appropriately noted on the linen plan of strata subdivision.
Public Utilities
104. The Principal Certifying Authority is to be provided with a current Section 73 Compliance Certificate for the property from Sydney Water.
105. Public utility services (including water, sewer, electricity and telephone) shall be provided and any easements necessary created to the satisfaction of the relevant servicing authorities. Evidence of such is to be submitted prior to release of the linen plan of subdivision.
General
106. Documentary evidence and/or compliance certificates must be submitted to Council to show that all works have been completed in accordance with Development Consent 2004/260 and its accompanying Construction Certificate.
107. The parking area in front of the garages, and the paths to the front door of each dwelling shall be finished with selected brick pavers.
108. The open area in front of each dwelling shall be turfed.
109. The eastern retaining wall on the rear boundary shall be concrete and masonry construction as shown in the retaining wall detail on Sheet 2 of the On-site detention detail plans as contained in Condition 2 of Schedule B.
110. The dividing fence on the rear boundary shall be a lapped and capped timber fence erected on top of the retaining wall situated on the western side of the common boundary, to a height of 1.8m above ground level on eastern side of the fence at the full cost of the applicant.
111. Stormwater detention pipes and pits may be placed within the dripline of trees to be retained, if a qualified arborist certifies in writing before such work is carried out, that the pipes/ or pits can be laid without damaging the health of the tree and the work is carried out under the supervision of the said arborist. The certification certificate is to be provided to the PCA.
112. Three Callistemon viminalis (Bottle Brushes) shall be supplied by the Council and planted by the applicant in the nature strip as shown on the landscape plan at the cost of the applicant.
COUNCIL’S ADVISORY NOTES
A. The applicant’s attention is drawn to the need to obtain Council’s separate approval for any ancillary activity not approved by this consent, including:
- (a) Works, including the pruning or removal of any tree(s) not authorised in the preceding conditions or on the approved plans. Council’s Tree Preservation Order protects trees by definition taller than 3.5m or having a trunk circumference exceeding 500mm measured one metre above ground level. If in doubt contact Council’s Tree Management Officer.
(b) Any fencing located forward of the proposed building and exceeding the limitations specified in Schedule 1 of Development Control Plan No. 32 “Guidelines for Exempt and Complying Development” .
(c) The erection of any advertising sign, not being exempt from the need to obtain approval.
(d) The installation of any furnace, kilns, steam boiler, chemical plant, sand blast, spray painting booth or the like.
NOTE: * If you carry out building work as an owner builder and sell your home within seven (7) years from the date of completion (date of final occupation certificate), then a Certificate of Insurance must be attached to your Contract of Sale.
B. Section 97 of the Act provides that an applicant who is dissatisfied with the Council’s determination of the Development Application may appeal to the Land and Environment Court within twelve (12) months of the date of determination, or as otherwise prescribed.
C. Section 82A of the Act provides that an applicant may request, within twelve (12) months of the date of determination of the Development Application, that the Council review its determination (this does not apply to integrated or designated development). A fee is required for this review.
D. The applicant and Owner are advised that the Commonwealth Disability Discrimination Act 1992 may apply to this particular proposal. Approval of this application does not imply or confer compliance with this Act. Applicants and owners should satisfy themselves as to compliance and make their own enquiries to the Human Rights and Equal Opportunity Commission. Attention is also drawn to the provisions of Parts 2, 3 and 4 of Australian Standard 1428 - Design for Access and Mobility.
E. Information regarding the location of underground services may be obtained from Sydney One Call Service (NSW Dial Before You Dig), telephone 1100, Fax 1300 652 077. Inquirers should provide SOCS with the street/road name and number, side of street/road and the nearest cross street/road.
F. A Construction Certificate shall be obtained in accordance with Section 81A (2)(a)of the Act, prior to the commencement of any work on site. Council can provide this service for you.
G. DEMOLITION
a) Demolition is to be carried out in such a way and with such control measures as are necessary to prevent the occurrence of any dust, noise, runoff or other nuisance.
b) All sediment/soil is to be prevented from entering Council's stormwater drainage system.
c) The public footpath and roadway is to be protected against damage as a result of demolition activities and is to be kept clean and free of all soil and other materials.
d) On completion of demolition the site is to be left in a clean and tidy condition.
e) Holroyd City Council has a Tree Preservation Order which applies to the entire City of Holroyd. No ring-barking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees exceeding 3.5m in height and 3m in branch spread shall take place without the prior written consent of Holroyd City Council.
f) There shall be no burning of any waste, as this is prohibited within the City of Holroyd.
g ) Demolition material can be recycled saving the environment and also tipping costs. For more information, contact the Environment Protection Authority’s Recycling hotline on 9325 5555.
h) Public roads shall be kept clean and free of any materials which may fall from vehicles or plant to ensure safety and amenity of the area.
H. TREES
The trees indicated on the endorsed plans to be retained and protected are to be considered with any future development of the subject allotments. In this regard no work are to occur within the dripline of trees to be retained.
I. BANK GUARANTEES
Bank guarantees will be accepted from list of banks which have at least an “A” rating from Standard and Poors and at least an “A2” or “Prime-1” standard from Moodys Investor Services.
To get to Moodys then look up Ratings and then Banking and then Bank Ratings list. It will take you to Bank Credit Research page. Look at the table of contents and choose Global Bank Ratings by Country. Look up Australian Banks.To get to Standard and Poors then from Ratings Action choose Ratings Lists. Then click on Financial Institutions followed by clicking on Financial Institutions Counterparty Ratings List. Go to “Banks” and download to Australian Banks.
J. SMOKE DETECTORS
A system of self contained smoke alarms complying with the requirements of AS3786-1993, Smoke Alarms or listed in the Scientific Services Laboratory Register of Accredited Products being installed in the dwelling, connected to the mains power supply and provided with a standby power supply. Alarms are to be positioned on the ceiling and setback a minimum distance of 300mm from any wall. Alarms are to be placed in the vicinity of each area containing bedrooms with a minimum of one (1) alarm required for each storey of the dwelling.
K. TERMITE PROTECTION
Structural members are to be protected from attacked by subterranean termites in accordance with the requirements of AS3660.1-2000 Protection of building from subterranean termites and a durable notice must be affixed within the metre box indicating the type of protection, its date of installation, life expectancy of any chemical barrier used, and system maintenance and inspection requirements. A certificate of compliance of the approved system must be submitted to Council or the Principal Certifying Authority on completion of the system installation. With respect to chemical protection, a pipe system shall be installed beneath the slabs plastic membrane to allow re-application of the chemical border.
L. WET AREAS
Wet areas in the dwelling being waterproofed as required by AS3740-1994 Waterproofing of wet areas within residential buildings.
M. SARKING
To reduce the risk of injury during works to the roof, sarking with fall arresting ability is to be provided to the underside of the roof. Manufacturers specifications for the sarking is to be submitted to Council prior to its installation.
N. CONSTRUCTION/OCCUPATION CERTIFICATE FEES
An administration fee of $16.00 per certificate is payable to Council on lodgement of Construction and Occupation Certificates from Principal Certifying Authorities.
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S J Watts
Commissioner of the Court
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