Simon v Ku-ring-gai Municipal Council
[2004] NSWLEC 523
•09/14/2004
Land and Environment Court
of New South Wales
CITATION: Simon v Ku-ring-gai Municipal Council [2004] NSWLEC 523 PARTIES: APPLICANT
RESPONDENT
Frances Simon
Kur-ring-gai Municipal CouncilFILE NUMBER(S): 10826 of 2004 CORAM: Murrell C KEY ISSUES: Development Application :- A dual occupancy on property known as 32 Duff Street
TurramarraLEGISLATION CITED: Environmental Planning and Assessment Act 1979
SEPP 53 Dual Occupancy
Ku-ring-gail Council LEP 1988CASES CITED: DATES OF HEARING: 14/09/2004 EX TEMPORE
JUDGMENT DATE :09/14/2004 LEGAL REPRESENTATIVES:
APPLICANT
Mr J Hones, solicitor
SOLICITOR
Hones LawyersRESPONDENT
Mr R Graham, solicitor
SOLICITOR
Abbott Tout
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESMurrell C
14 September 2004
JUDGMENT10826 of 2004 Frances Simon v Ku-ring-gai Council
1 This is a verbal judgment for an on-site hearing of an appeal under s 97 of the Environmental Planning and Assessment Act against council’s refusal of a development application for a dual occupancy on the property known as 32B Duff Street, Turramurra. The subject site enjoys the benefit of street access at the front and rear boundaries. The application is submitted under SEPP 53 - ‘Dual Occupancy in the Sydney Region’. The application is for a dwelling house only to be constructed at the rear of the existing dwelling at 32B Duff Street. The dwelling is adjacent to Cornwall Avenue and the property therefore has the benefit of an access, vehicular and pedestrian access from Cornwall Avenue.
2 By way of description the site is one that can be generally described as very leafy environment typical of the area with significant trees. It is also noted that Cornwall Avenue narrows considerably in the vicinity of the subject site, such that the pavement is narrow as well as there being no verge or footpath owned by council and the subject property has a boundary right to the street. A condition of the development is that there be a roll back curve constructed in front of the dwelling on Cornwall Avenue where vehicular access would be gained to the property.
3 In considering this matter and I have had regard to the assessment report of Mr Stewart and a subsequent report of council officers where it was recommended that the proposal be refused because of the reduced setback of the garage to Cornwall Avenue. I have also had the benefit of Mr Glendinnings’s report and the view today has allowed the opportunity for the Court to obtain a feel of the area in terms of what would be an appropriate development in terms of the streetscape to Cornwall Avenue.
4 It is agreed that the only issue in the proceeding is that of the streetscape which springs from the reduced setback of the garage. It is also noted in council’s Development Control Plan tendered to the Court that there are setback requirements for the low side of the street of 9 m and for side streets 3.8 m and/or alternatively to look at the prevailing setback of the street.
5 It is noted that in Cornwall Avenue proper where it is wider that the setback for dwellings is significant. However, I am of the opinion that in this small portion of the street which in fact has a dwelling house opposite with a garage at a very reduced setback and a lapped and capped paling fence of some 1.8 m setback approximately 3.5 m from the kerb. And at the end of this narrower portion of the street there is a new dwelling house, part of the dual occupancy development and there is also a house adjoining the subject site that gains access from the street on a much further reduced pavement which has a garage which is setback less than 1 m from the public boundary.
6 The circumstances of this particular application are such that I am of the opinion that the proposal warrants approval. I say this in the context of the fact that this part of the street is considerably narrower and not part of the main part of Cornwall Avenue and in the circumstances having regard to the fact that the setback of the garage that adjoins the proposed garage has a much reduced setback compared to the proposal. In the circumstances, I am satisfied that there will be no adverse streetscape impact by a reduction in council’s development code for dual occupancies.
7 The proposal will have a setback of 7.32 m from the roll top kerb if one had regard to a verge which is non existent it would still be in the vicinity of 3.7 m and whilst that is not consistent generally with the area it is not inconsistent with this part of the street and furthermore I have noted the landscaping plan does allow extensive landscaping to make a positive contribution to the street as opposed to a paling fence and that the landscaping will be continuous or seamless in terms of no front fence to Cornwall Avenue.
8 This particular proposal is one that does have unique qualities in terms of its context and streetscape. I am of the opinion that streetscape is most important where further development is proposed and the reduction of lots and greater density is considered. Streetscape is an important objective for council and the Court to observe. However, the circumstances in this case are such that I do not consider it would create a precedent because of: the narrowness of the street; the reduced pavement; and it is not a general public thoroughfare, I am satisfied that the dwelling house with the landscape setting proposed will sit comfortably in the streetscape.
9 The set of conditions is generally agreed to by the parties together with additional conditions concerning a Grevillea tree in the backyard which is to be removed, and for a replacement canopy eucalypt to be planted in its place.
10 At the end of the proceedings the applicant sought costs. However, I am of the opinion that it would not be ‘fair and reasonable’ to award costs in the circumstances as the proceedings have not been unnecessary. The applicant decided not to pursue costs.
11 Therefore on the basis of my assessment above the orders of the Court are:
1. The appeal in respect of the property known as 32B Duff Street, Turramurra is upheld.
3. The exhibits with the exception of Exhibits C, D and 3 are returned.2. The development application submitted to Ku-ring-gai Council under SEPP 53 for a detached dual occupancy is granted approval subject to the conditions contained in Annexure “A”.
4. There is no order as to costs.
- _______________________
J S Murrell
Commissioner of the Court
Ljr/rjs
Annexure ‘A’
Conditions of Consent for a dual occupancy dwelling
12 GENERAL CONDITIONS
1. The development is to be in accordance with: Development Application No 132/03 lodged with Council on 10 February, 2003; Development Application plans prepared by Unsen and Associates Pty. Ltd. Architects, reference number Job No.0595, Drawings DA01 and DA02 dated 11/5/95; landscape plan prepared by Sally Bourne Landscapes being drawing no.100/02 dated 14 December 2002; and stormwater drainage plans prepared by AFCE Environment + Building being drawing no. 332705/D2 dated November 2003, except as modified by these conditions of consent.
2. The approved building shall not be occupied unless the development has been completed in accordance with all conditions of consent and the approved plans and a Occupation Certificate has been issued.
3. The opening of any footway, roadway, road shoulder or any part of the road reserve shall not be carried out without a Road Opening Permit being obtained from the Council (upon payment of the required fee) beforehand.
4. For the purpose of ensuring the compliance with the terms of the approval, an approved copy of the plan and this Consent and Construction Certificate shall be kept on site at all times.
5. For the purpose of safety and amenity of the area, no building materials, plant or the like are to be stored on the road or footpath without the written approval being obtained from the Council beforehand. The pathway shall be kept in a clean, tidy and safe condition during building operations. Council reserves the right, without notice, to rectify any such breach and to charge the cost against the applicant/owner/builder, as the case may be.
6. HOURS OF WORK: For the purpose of residential amenity, noise generating work carried out in connection with building and construction operation, including deliveries of building materials and equipment, is restricted to the following hours: Mondays to Fridays inclusive: 7.00am to 5.30pm. Saturdays: 8.00am to 12.00 noon. Sundays and Public Holidays: Not Permitted. The use of the following items of plant on the site is also restricted to the abovementioned hours: compressors, bulldozers, power operated woodworking machines, excavators and loaders, jackhammers, Ramset guns, concrete mixers and concrete delivery wagons, hoists, winches, welding and riveting plant.
Whilst work on Saturdays may be performed until 5.30pm, such work or any associated activities shall not involve the use of any noise generating processes or equipment.
7. For the purpose of public safety, a sign shall be erected on the site prior to any work commencing which is clearly visible from a public place stating that unauthorised entry to the site is not permitted and showing the name of the builder or another person responsible for the site and a telephone number for contact outside working hours. The sign may only be removed on satisfactory completion of the works.
8. A sign shall be erected in a prominent position on the site which states the name and contact details of the Principal Certifying Authority.
9. All excavations shall be properly guarded and protected with hoardings or fencing to prevent them from being dangerous to life and property.
10. To maintain existing ground levels all excavated material shall be removed from the site.
11. Any excavation of rock involving hydraulic or compressed air rock hammers or other excavation equipment shall comply with the requirements of Council’s Code for the Control and Regulation of Noise on Building Sites.
12. For the purpose of maintaining visual amenity, no permanent electricity supply poles are to be erected forward of the building setback without the prior Consent of Council. It is the onus of the applicant to consult with the authorised statutory electricity provider prior to construction commencing to ensure that direct connection to the building is possible. Details of any proposed permanent pole must be submitted to and approved by Council prior to installation.
13. The applicant is advised that the Construction Certificate plans and specifications must comply with the provisions of the Building Code of Australia.
14. All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.
15. Toilet facilities are to be provided, within 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.
16. If the work involved in the erection or demolition of a building:
· is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or
· building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the 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.
Any such hoarding, fence or awning is to be removed when the work has been completed.
17. All noise generating equipment associated with any proposed mechanical ventilation system/s shall be located and/or soundproofed so the equipment is not audible within a habitable room in any other residential premises before 7am and after 10pm Monday to Friday and before 8am and after 10pm Saturday, Sunday and Public Holidays. Furthermore, the operation of the unit outside these restricted hours shall emit a noise level of not greater than 5dbA above the background when measure at the nearest adjoining boundary.
18. To preserve and enhance the natural environment, all soil erosion and sediment control structures shall be inspected following each storm event and any necessary maintenance work shall be undertaken to ensure their continued proper operation. Sediment shall be removed from the soil erosion and sediment control structures when no more than forty percent (40%) capacity has been reached. These structures shall continue in proper operation until all development activities have been completed and the site fully stabilised.
19. The applicant’s attention is directed to any obligations or responsibilities under the Dividing Fences Act in respect of adjoining property owner/s which may arise from this application and it is advised that enquiries in this regard may be made at the nearest Local Court.
20. Your attention is directed to the operation of the Commonwealth Disability Discrimination Act 1992, which may impose greater obligations on providing access to disabled persons other than compliance with the Building Code of Australia. You are advised to seek advice from the Human Rights and Equal Opportunity Commission (phone (02) 9284 9600) in respect of your application.
21 An energy assessment is to be submitted for the new dwelling achieving as a minimum a NatHERS rating of 3.5 stars. Thermal insulation is to be provided to the roofs, walls and ceilings of the new works. Sun shading is to be provided to the windows on the north west elevation. All to the satisfaction of Council and The Principal Certifying Authority.
22 All stormwater and sediment control shall be undertaken in accordance with the requirements of Council’s Draft Water Management Plan (DCP 47).
23 Adequate lighting is to be provided to all paths, accessways, parking areas and building entries so as to enhance amenity and security around dual occupancy dwellings. Refer to Clause 4.6.3 of Council’s Dual Occupancy Code.
24. Locks are to be installed on all windows and doors, with chains and viewers to be installed on all front doors. Where security grills are fitted, they are to be sympathetic to the architectural style of the dwelling and not to restrict surveillance.
25. A fence or gate is to be installed on the northern side boundary for security purposes.
26. All new bathrooms and toilets must be provided with maximum 6/3 litre dual flush cisterns and showerheads with reduced water flow devices.
27. The development shall comply with the requirements of DCP 40 and Policy for Construction and Demolition Waste Management.
28. The pedestrian pathway is to have a minimum width of 1.2 metres to comply with Disability Act requirements.
29. The timber picket fence to the Cornwall Street frontage shown on the architectural plans is not approved as the site is within an area as defined in Council’s Visual Character Study, where front fences are discouraged. As such the landscape plan that shows no front fence is to be implemented.
30. A Tree Preservation Order exists within the Ku-ring-gai Council area whereby the removal, lopping or destruction of any tree exceeding 5.0 metres in height or 4.0 metres in canopy spread (except where exempt as defined under Council’s Tree Preservation Order) without prior written consent of Council is prohibited.
31. Release of the Construction Certificate gives automatic approval to the removal ONLY of those trees located on the subject property within the footprint of a proposed new building/structure or within 3.0 metres of a proposed new dwelling. Where this application is for a building/structure other than a dwelling then ONLY trees within the area to be occupied by this building/structure may be removed. Other trees SHALL NOT be REMOVED or DAMAGED without an application being made under Council’s Tree Preservation Order.
32. Landscape works shall be carried out in accordance with Landscape Drawing No 100/02 prepared by Sally Bourne Landscapes and dated 14th December 2002 submitted with the Development Application, except as amended by the following:
· Pinus radiata (Radiata Pine) to be removed and replaced with a super advanced Angophora costata (Sydney Redgum) with a minimum pot size of 45 Litres.
· The Grevillea tree, south of the Chinese Pistacia is to be removed and in its place a canopy eucalypt tree. ‘Angophora Costata’, with a minimum pot size of 45 litres is to be planted.
33. Tree roots between 10mm and 50mm diameter, severed during excavation, shall be cut cleanly by hand and the tree subsequently treated with a root growth hormone and wetting agent, by an experienced Arborist/Horticulturist with a minimum qualification of the Horticulture Certificate or Tree Surgery Certificate.
34. No tree roots of 50mm or greater in diameter located within the specified radius of the trunk/s of the following, tree/s shall be severed or injured in the process of any site works during the construction period.
Pistacia chinensis (Chinese Pistacia) 4.0mTree/Location Radius From Trunk
Northern site corner in rear garden
35. The applicant shall ensure that at all times during the construction period no activities, storage or disposal of materials shall take place beneath the canopy of any tree protected under Council's Tree Preservation Order.
36. On completion of the LANDSCAPE WORKS/TREE PLANTING OR SCREEN PLANTING, a Landscape Architect or qualified Landscape Designer shall submit a report certifying correct installation, faithful to the landscape plan to the Principal Certifying Authority with a copy to Council, prior to issue of final Certificate of Compliance.
37. All builders' refuse, spoil and/or material unsuitable for use in landscape areas shall be removed from the site on completion of the building works.
38. To preserve the ongoing health and vigour of the Pinus radiata (Radiata Pine) to be retained existing ground levels are to be maintained between the canopy drip line. No filling or excavation is permitted beneath the canopy drip line. The proposed driveway is to be constructed on top of existing grade. Documentary evidence of compliance with this condition is required to be submitted to the principal certifying authority prior to the final certificate of compliance.
39. The following engineering works are to be undertaken by the applicant in association with the development:-
1) On Site Detention for new houses.
2) Drainage from the development to be connected to the new drainage system.
3) First flush stormwater system.
4) Headwall or level spreader at the watercourse.
5) Construction of a new crossing.
6) Connection of the driveway for the adjoining property to the new road shoulder construction.– not on the subject property.
7) Drainage lines.
8) Kerb and gutter across the full frontage to Cornwall Ave.
9) Shoulder construction across the full frontage to Cornwall Ave.
40. For stormwater control the accessway directly in front of both garages should be graded away from the door and towards an escape route. The development is to be configured so that overland flow, off the accessway, does not flow towards the garage door.
If the accessway must grade toward the garage, then for stormwater control, a 200mm wide grated channel/trench drain with heavy duty removable galvanised grates is to be provided in front of the garage door and connected to the stormwater drainage system.
41. For stormwater control all paved areas are to be drained to the main drainage system.
42. For stormwater control, an On-site Stormwater Detention System is to be provided in accordance with Council’s Stormwater Management Manual.
OSD systems are to be provided for both the existing and new residence.
Separate detention systems are to be provided for each residence, unless the OSD is cited in a common area and an appropriate legal instrument is set up to ensure the various parties equitably share the ongoing maintenance of the facility.
An overflow is to be incorporated that will direct any excess flow to the downstream drainage system and subsoil drainage is to be provided from the underside of the sediment control sump to the outlet line or other approved location.
The system is to be cleaned regularly and maintained to the satisfaction of Council.
NOTE 1: The on-site stormwater detention system and property drainage system is not to require excavation or fill underneath the canopy areas of any trees to be retained unless as approved by a qualified arborist’s certification that such excavation will not affect the longevity of the subject tree(s).
NOTE 2: If the applicant wishes to vary the prescribed storage and outflow volumes contained in Council’s Stormwater Management Manual, a detailed analysis must be provided following the guidelines set out in Council's requirements for on-site detention with full computations accompanying the submission including a flood routing analysis.
NOTE 3: All roof, driveway and other hard-surface runoff water is to be intercepted and directed to the on-site stormwater detention system. If some areas of hard-surface are unable to be directed to the detention system an adjustment to the rate of discharge is to be made to attain the required site discharge.
NOTE 5: The standard Council On-site Stormwater Detention Calculation Sheet is to be completed and included on design drawings.NOTE 4: If a landscaped surface type detention system is used the storage volume required is to be increased by 20%.
43. Due to the extent of the works the Applicant shall produce a Traffic Control Plan, in general accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998), addressing all or the following matters where relevant:
Safe Ingress and Egress
a. How the site will be safely accessed by all vehicles servicing the site including provision for forward ingress and egress and details of traffic control for the site, including provision of a flag person to control vehicle movements to and from the site.
b. How safe egress for vehicles will be managed where forward egress is not possible.
c. How pedestrians will be safely managed across the frontage of the site.
Stages
a. The Plan must recognise the different stages of the work, including site establishment, bulk excavation, concrete pours and tradesperson and landscaper access, and specify the traffic management requirements of each stage.
NOTE 2: The traffic management measures contained in the approved plan shall be implemented in accordance with the plan prior to the commencement of any works on-site including excavation.NOTE 1: The Traffic Control Plan shall be submitted to and approved by Council, attention Development Engineer, prior to the issue of the Construction Certificate. The Plan shall be prepared by a suitably qualified and experienced traffic consultant and be certified by this person as being in accordance with the requirements of the above mentioned documents and the requirements of this condition.
44. Vehicular crossing to be a minimum of 3.7 meters wide in accordance with Council’s Specification.
45. The provision of temporary sediment and erosion control facilities and measures are to be installed, prior to the commencement of any works on the site to minimise and/or eliminate unnecessary erosion and loss of sediment. These facilities are to be maintained in working order during construction works and up to the completion of the maintenance period. All sediment traps are to be cleared on a regular basis and after each major storm, and/or as directed by the Principal Certifying Authority, with all silt being removed from the site, or to an approved location within the site.
46. The relocation or adjustment of any utility service facilities are to be carried out by the Applicant in accordance with the requirements of the utility authority at no cost to Council.
47. The public footways and roadways adjacent to the site are to be maintained in a safe condition, at all times, during the course of the works.
48. For the purpose of Council inspections, the appropriate fees set out in Councils adopted Schedule of Fees and Charges are payable to Council, prior to the release of the approved plans.
- A re-inspection fee per visit may be charged where remedial work is unprepared at the requested time of inspection or where remedial work is unsatisfactory and a further inspection is requested. Engineering fees must be paid prior to the final approval of the works.
49. Compliance with the general terms of approval issued by the Rural Fire Service as follows:
(b) The entire property shall be managed as an inner protection area as outlined within Planning for Bushfire Protection 2001 (except for the area 10m either side of the natural watercourse).
(a) Inclusion of leafless guttering or other mechanical means to be installed on the structure to prevent the build up of flammable material within the gutters. The gutter guard should also enable access to the gutter downpipe for the fitting of a gutter plug in the event of potential fire overrun.
50. Compliance with the general terms of approval issued by the Department of Infrastructure, Planning and Natural Resources (DIPNR) as follows:
General Terms of Approval
1. All works proposed must be designed, constructed and operated to minimise sedimentation, erosion and scour of the banks or bed of the watercourse/foreshore and to minimise adverse impacts on aquatic and riparian environments.
2. Erosion and sediment control measures are to be implemented prior to any works commencing at the site and must be maintained, for as long as necessary after the completion of works, to prevent sediment and dirty water entering the watercourse/foreshore environment. These control measures are to be in accordance with the requirements of Council or the consent authority and best management practices as outlined in the NSW Department of Housing’s “Managing Urban Stormwater: Soils and Construction” Manual (1998) - the ‘Blue Book’.
3. The Part 3A Permit from DIPNR is issued for works on FREEHOLD land only. This Permit is null and void for any works on Crown Land.
4. Rehabilitation of the area in accordance with the 3A Permit Conditions or any direction from DIPNR is the responsibility of the Permit holder and owner or occupier of the land.
5. Work as executed survey plans of a professional standard and including information required by DIPNR shall be provided to DIPNR on request.
6. If, in the opinion of a DIPNR officer, works are carried out in such a manner that they may damage or adversely affect the watercourse or foreshore environment, the DIPNR officer may issue an oral or written direction to immediately stop all work/s.
7. If any DIPNR Part 3A Permit Conditions are breached, the Permit holder shall restore the site in accordance with these Conditions and any other necessary remedial actions as directed by DIPNIR. If any breach of the Part 3A Permit Conditions requires a site inspection by DIPNR, then the permit holder shall pay a fee prescribed by DIPNR for this inspection and all subsequent breach inspections.
Special Conditions :
8. Any disturbed areas along the watercourse are to be revegetated using a diverse range of native plant species appropriate to the site and local to the area.
9. Plants used for landscaping in the area adjacent to the watercourse are to consist of a diverse range of native plant species appropriate to the site and local to the area.
10. Any proposed stormwater outlet to the watercourse should be designed, located and constructed to minimise any erosion or scour to the banks or bed of the watercourse and construction technique adopted is to ensure that disturbance to the banks soil and vegetation is kept to an absolute minimum The stormwater outlet is to be of a soft engineering design.
CONDITIONS TO BE COMPLIED WITH PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
51. The Long Service Levy is to be paid to Council in accordance with the provisions of Section 34 of the Building and Construction Industry Payments Act 1986 prior to the issue of the Construction Certificate.
Note: Required if cost of works exceed $25,000.00.
52. It is a condition of consent that the applicant, builder or developer or person who does the work on this residential building project arrange the Builders Indemnity Insurance and submit the Certificate of Insurance in accordance with the requirements of Part 6 of the Home Building Act 1989 to the Council or other Principal Certifying Authority for endorsement of the plans accompanying the Construction Certificate. It is the responsibility of the applicant, builder or developer to arrange the Builder's Indemnity Insurance for residential building work over the value of $12,000 and to satisfy the Council or other Principal Certifying Authority by the presentation of the necessary Certificate of Insurance so as to comply with the applicable requirements of Part 6 of the Home Building Act 1989. The requirements for the Builder's Indemnity Insurance does not apply to commercial or industrial building work or for residential work less than $12,000, nor to work undertaken by persons holding an Owner/Builder's Permit issued by the Department of Fair Trading (unless the owner/builder's property is sold within 7 years of the commencement of the work).
53. The Infrastructure Restorations Fee calculated in accordance with the Council's adopted schedule of Fees and Charges is to be paid to the Council prior to any earthworks or construction commencing. The applicant or builder/developer will be held responsible for and liable for the cost any damage caused to any Council property or for the removal of any waste bin, building materials, sediment, silt, or any other article as a consequence of doing or not doing anything to which this consent relates. "Council Property" includes footway, footpath paving, kerbing, guttering, crossings, street furniture, seats, litter bins, trees, shrubs, lawns mounds, bushland, and similar structures or features on road reserves or any adjacent public place. Council will undertake minor restoration work as a consequence of the work at this site in consideration of the "Infrastructure Restorations Fee" lodged with the Council prior to the release of the Construction Certificate. This undertaking by the Council does not absolve the applicant or Builder/developer of responsibility for ensuring that work or activity at this site does not jeopardise the safety or public using adjacent public areas or of making good or maintaining "Council property" (as defined) during the course of this project.
54. Prior to commencing any construction or subdivision work, the following provisions of the Environmental Planning & Assessment Act, 1979 (the 'Act') are to be complied with:
a. A Construction Certificate is to be obtained in accordance with Section 81A(2)(a) of the Act.
b. A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A(2)(b) of the Act.
c. Council is to be notified in writing, at least two (2) days prior to the intention of commencing buildings works, in accordance with Section 81A(2)(c) of the Act.
d. Should the development be certified by a Principal Certifying Authority other than Council, a fee for each Part 4A Certificate is to be paid to Council on lodgement of those Certificates with Council.
55. A contribution is to be paid for the provision, extension or augmentation of community facilities, recreation facilities, open space and administration that will, or are likely to be, required as a consequence of development in the area.
TOTAL CONTRIBUTION FOR THIS DEVELOPMENT OF ONE ADDITIONAL DWELLING IS CURRENTLY $9,789.78. The amount of the payment shall be in accordance with the Section 94 charges as at the date of payment. The charges may vary at the time of payment in accordance with Council’s Section 94 Contributions Plan to reflect changes in land values, construction costs and the consumer price index.
1. Preparation of New Residents Kit $10.98This contribution shall be paid to Council prior to the release of the Construction Certificate and the amount payable shall be in accordance with the Council’s adopted Section 94 Contributions Plan for Residential Development, effective from 20 December 2000, calculated for additional person as follows:
2. New Resident Survey $9.87
3. New child care centre
(including land acquisition and construction of facility) $252.13
4. Additions/alterations to Acron Rd child care centre
for additional 20 places $2.41
5. New Library bookstock $17.95
6. New Public Art $2.93
7. Acquisition of Open Space
- Turramurra/Warrawee $1,966.00
8. Koola Park upgrade and reconfiguration $143.09
9. North Turramurra Sportsfield development $986.80
10. Section 94 2000-2003 Study and Interim Plan preparation cost $49.34
11. Section 94 Officer for period of Plan 2000-2003 $118.42
To obtain the total contribution figure the following table of occupancy rates is to be used:
Small dwelling (under 75 sqm) 1.25 personsOCCUPANCY RATES FOR DIFFERENT DWELLING SIZES
Medium dwelling (75 - under 110 sqm) 1.75 persons
Large dwelling (110 - under 150sqm) 2.75 persons
Very Large dwelling (150sqm or more) 3.5 persons
New Lot 3.5 persons
56. The Construction Certificate will not be issued until a copy of the Part 3A Permit, issued by the Department of Infrastructure, Planning and Natural Resources (DIPNR) has been provided to Council.
- Please note that the General Terms of Approval referred to earlier in these conditions is not the actual permit. The applicant must obtain and complete to the satisfaction of the Department an application for a Part 3A Permit after any consent has been issued by the Council and before the commencement of works.
57. The Construction Certificate shall not be released until a Site Management Plan is submitted to the Principal Certifying Authority and approved by a suitably qualified professional.
The plan shall indicate the planned phases of the construction work, erosion and drainage management, tree protection measures, areas nominated for storing materials, site access and where vehicle parking is proposed, during construction.
58. Delete see Datum v Botany Bay Council A cash bond/bank guarantee of $2000.00 shall be lodged with Council as a Landscape Establishment Bond prior to the release of the Construction Certificate to ensure that the landscape works are installed and maintained in accordance with the approved landscape plan or other landscape conditions.
Fifty percent (50%) of the this bond will be refunded upon issue of the final Certificate of Compliance, where landscape works as approved have been satisfactorily installed. The balance of the bond will be refunded 3 years after issue of the building certificate, where landscape works has been satisfactorily established and maintained.
It is the responsibility of the applicant to notify Council in relation to the refunding of the bond at the end of the 3 year period. Where a change of ownership occurs during this period it is the responsibility of the applicant to make all arrangements regarding transference of the bond and to notify Council of such.
59. The applicant shall ensure that no underground services (ie water, sewerage, drainage and gas) shall be laid beneath the canopy of any tree protected under Council’s Tree Preservation Order, located on the subject allotment and adjoining allotments.
A plan detailing the routes of these services shall be submitted to the Principal Certifying Authority for approval prior to the release of the Construction Certificate.
60. In the Engineering design, the following issues are to be addressed prior to the issue of the Construction Certificate:-
- i) On Site Detention for both houses.
ii) The roof gutter, down pipe and drainage system of the dwelling is to be sized to catch and convey the 50 year ARI storm event to the OSD system. An engineer is to provide certification the Construction Certificate plans, that this has been achieved.
iii) Suitable kerbs or other approved “cut off” systems are to be provided in the OSD design to ensure a maximum possible amount of overland flow is directed to the OSD system. These kerbs etc, are to be sized for all storms up to the 50 year ARI storm event. An engineer is to provide certification with the Construction Certificate plans, that this has been achieved.
iv) Earth mounding or timber retaining walls are not acceptable as the storage perimeter wall. Any perimeter walls must be in masonry on a reinforced concrete footing.
v) Where OSD storage is by way of underground storage,
- A) Inflow pipes to the storage chamber are to be located below inspection grates.
B) If soil and turf are to cover the tank, then a minimum depth of soil to be 350mm.
vii) Councils landscape officer is to consider the final location of all drainage infrastructure including (a) drainage lines, (b) OSD tanks and (c) OSD basin walls. Only after the Council Landscape Officer’s approval, can the Construction Certificate be issued.
viii) The access grate above the control chamber is to be a grate of 600mm x 900mm or greater. Apart from the grate above the control chamber, other grates to have the following minimum sizes, depending on the pit depth as follows:-
| Depth of Chamber below grate | Min grate and Pit size |
| Less than 300mm | 300square |
| Less than 450mm | 450square |
| Equal to or Less than 600mm | 600square |
| Greater than 600mm | 600 x 900 |
61. For stormwater retention and quality control, provision of a five (5) metre long first-flush absorption trench for each dwelling, designed to capture and retain the first-flush stormwater runoff from the subject property after which runoff bypasses the trench and reverts to the main drainage system. Design drawings shall be submitted and approved by the Principal Certifying Authority with the Construction Certificate.
NOTE 1: The first-flush system may be achieved by the use of a separate low-level outlet from a pit located on the main drainage system.
NOTE 2: Where practicable, runoff from driveway and landscaped areas is to be directed to the retention system in preference to roof runoff.
NOTE 3: The trench shall be 700mm wide x 700mm deep and fitted with half round PVC (230mm radius) dome sections backfilled with crushed or round river gravel to within 150mm of surface level, surrounded with suitable geofabric and finished with topsoil.
NOTE 4: The trench is to be at least 5 metres from private property boundaries and 3 metres from the footings of any structure.
NOTE 5: A suitably designed litter and coarse sediment 450mm square grated arrestor pit is to be provided immediately upstream of the trench.
NOTE 6: The trench is not to require excavation underneath the canopy areas of any trees to be retained unless as approved by a qualified arborist’s certification that such excavation will not affect the longevity of the subject tree(s).
NOTE 7: Upon completion, certification from a suitably qualified person is to be submitted to the Principal Certifying Authority with respect to this condition being satisfied.
NOTE 8: This requirement does not apply where the Applicant considers installation to be impractical.
OR
For stormwater retention, provision of a 2000 litre rainwater tank for each dwelling , designed to capture and retain runoff from at least one roof downpipe after which runoff bypasses the tank and reverts to the main drainage system. Design drawings shall be submitted and approved by the Principal Certifying Authority (PCA) prior to issue of the Construction Certificate.
NOTE 1: The tank is to be located at or above existing natural ground level.
NOTE 2: If abutting a wall of the dwelling, the tank must be below the eaves line.
NOTE 3: The tank must not be located on the front facade of a dwelling.
NOTE 4: If the tank is to be attached to a structure then a structural engineer is to certify the adequacy of the design of the structure to carry the tank.
NOTE 5: Maximum height of the tank is 1.8 metres above natural ground level where installed along the side boundary setback of a dwelling.
NOTE 6: The tank is to be a commercially manufactured tank designed for the use of water supply and to be installed in accordance with manufacturers specifications.
NOTE 7: The tank is to be located above an available landscaped area so that the tank may be readily used for watering purposes.
NOTE 8: The tank is to be fitted with a standard garden tap or similar which is to be clearly marked as not to be used for drinking purposes.
NOTE 9: The tank is to be fitted with measures to prevent mosquito breeding.
NOTE 11: This requirement does not apply where the Applicant considers installation to be impractical.NOTE 10: Upon completion, certification from a suitably qualified person is to be submitted to the Principal Certifying Authority with respect to this condition being satisfied
62. To prevent surface stormwater from entering the building, the finished habitable ground floor level(s) of the building shall be a minimum of 150mm above adjacent finished ground level(s). The entire outside perimeter of the building must have overland flow escape routes which will protect all finished floor levels from flooding during times of complete subsurface drainage blockage. This requirement is to be demonstrated on submitted Construction Certificate drawings.
63. The property drainage systems shall be designed and based upon a 235mm/hour rainfall intensity for a duration of five (5) minutes (1:50 year storm recurrence) and generally in accordance with the drainage plans by AFCE, sheets 1 TO 3 of Job 332705 dated 6/2003 for impervious surfaces and in accordance with Council's Stormwater Management Manual. Design drawings and calculations are to be prepared by a suitably qualified and experienced hydraulic engineer and submitted for approval by the Principal Certifying Authority (PCA) prior to issue of the Construction Certificate.
NOTE 1: The property drainage system is not to require excavation or fill underneath the canopy areas of any trees to be retained unless as approved by a qualified arborist’s certification that such excavation will not affect the longevity of the subject tree(s).
NOTE 3: All enclosed floor areas, including habitable and garage floor levels, are to be safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices.NOTE 2: If the proposed drainage system involves piping underneath or within the building then the designer is to certify that the design is in accordance with AS3500.3.2:1998 and the BCA.
64. Full design drawings of the proposed method of achieving the requirements for on-site stormwater detention and supporting calculations are to be prepared by a suitably qualified and experienced hydraulic engineer and submitted for approval by the Principal Certifying Authority (PCA) prior to issue of the Construction Certificate.
65. For the new crossing to Cornwall Ave and any works adjacent to the boundary, the following will apply.
DRIVEWAYS AND FOOTPATHS: Approval of this Development Application is for works wholly within the property and does not imply approval of footpath or driveway levels, materials or location regardless of whether this information is shown on the Application.
Footpath and driveway levels at the property boundary/road alignment are to be obtained from Council's Technical Services Department prior to release of the Construction Certificate. All footpaths and driveways are to be constructed strictly in accordance with Council's specifications, "Construction of Gutter Crossings and Footpath Crossings" which is issued with alignment levels after payment of the appropriate fee.
Note: The construction of footpaths and driveways outside the property, in materials other than those approved by Council, is not permitted and Council may require immediate removal of unauthorised installations.The grading of such footpaths or driveways outside the property is to comply with Council's standard requirements. The suitability of the grade of such paths or driveways inside the property is the sole responsibility of the applicant, and this may be affected by the alignment levels fixed by Council.
66. The Applicant must carry out the following infrastructure works in the Public Road:
1 Connection of the driveway for the adjoining property to the new road shoulder construction.
2 Kerb and gutter across the full frontage to Cornwall Ave.
3 Shoulder construction across the full frontage to Cornwall Ave.
Development Consent under the EP& A Act does NOT give approval to these works on Council property. THE APPLICANT MUST OBTAIN A SEPARATE APPROVAL UNDER SECTION 138 AND 139 OF THE ROADS ACT 1993 for the works in the Public Road, required by this condition. The Construction Certificate MUST NOT be issued, and these works must not proceed, until Council has issued a formal written consent under the Roads Act 1993 .To obtain consent under the Roads Act 1993 for the infrastructure works on Council property, full engineering drawings (plans, sections and elevations) and specifications for the infrastructure works are to be prepared by a suitably qualified and experienced consulting engineer. These must be submitted and approved by Council as the Roads Authority prior to issue of the Construction Certificate. Construction of the works must proceed in accordance with any conditions attached to the Council “Roads Act” approval.
All works are to be designed in accordance with Council’s “Specification for Road and Drainage Works”. In addition, the drawings are to detail erosion control requirements and traffic management requirements during the course of works . Traffic management is to be certified on the drawings as being in accordance with the documents SAA HB81.1 – 1996 – Field Guide for Traffic Control at Works on Roads – Part 1 and RTA Traffic Control at Work Sites (1998).
To ensure that works on Council property required by this Condition are carried out to Council’s requirements, the developer must lodge a bond to the value of $5000. The Bond may be in the form of a bank guarantee and must be lodged prior to the issue of a Construction Certificate. The Bond will not be released until Council has inspected the site at all hold points specified in the Roads Act Approval, and is satisfied that the works have been carried out to Council’s requirements. Council may use part or the entire bond to complete the works to its satisfaction if the works do not meet Council’s requirements. After Council’s final inspection of these works 10% of the bank guarantee will be retained for a further twelve (12) month period and used by Council to repair any defects or temporary works necessary after the final inspection.
NOTE 1: A minimum of three (3) weeks will be required for assessment. Early submission is highly recommended to avoid any delays in obtaining a Construction Certificate.
NOTE 3: Plans and specifications must be marked to the attention of Councils Development Engineers. In addition, a copy of this condition must be provided, together with a covering letter stating the full address of the property and the accompanying DA number. Failure to do so may delay the processing of the application.NOTE 2: An hourly assessment fee (set out in Councils adopted fees and charges) will be charged and Council will withhold any consent until full payment of the correct fees.
67. Submission for approval with the Construction Certificate of a Soil and Erosion Control Plan prepared in accordance with the NSW Department of Housing document “Managing Urban Stormwater – Soils and Construction” (1998) by a suitably qualified and experienced engineer or surveyor. Such controls should include but not be limited to appropriately sized sediment basins, diversion systems, appropriate controls for each stage of works identified and barrier fencing which maximises and protects areas which are not to be disturbed. The plan must also specify inspection and maintenance regimes and responsibilities and rehabilitation measures.
68. Stormwater runoff from all hard surfaces, or landscaped areas which are not at natural ground level, shall be piped to the watercourse within the site. A headwall and energy dissipater structure shall be constructed at the discharge point. Unless specified by plans approved with the Development Consent or other Conditions of this Consent, this structure is to be solidly constructed from mortared sandstone bushrock so that it has a low impact on local landscape and vegetation. It must not impede flows along the watercourse nor or lead to ongoing erosion of the watercourse.
69. A pit is to be constructed just upstream of the headwall to the watercourse. This is to be constructed so that the “inflow and outflow” pipes do not line up. In this way the pit will act as an energy dissipater.
13 CONDITIONS TO BE COMPLIED WITH PRIOR TO WORK COMMENCING
70. Prior to the commencement of any work, the Principal Certifying Authority shall be notified in writing of the name and contractor licence number of the owner/builder who intends to carry out the approved works.
71. External finishes and colours are to be sympathetic to the surrounding environment. Samples of materials and finishes are to be submitted to and approved by Council prior to the commencement of work.
72. To preserve and enhance the natural environment, the downslope side of the proposed construction area of the site is to be enclosed with a suitable erosion control barrier (e.g. straw bales or geofabric fence) along contour before any other work on the site commences.
73. A Compliance Certificate pursuant to Section 73 Sydney Water Act 1994, as evidence of compliance with the provisions of Division 9 of that Act, to be obtained from Sydney Water prior to the commencement of any work on the site.
74. To preserve the following tree/s, no work shall commence until the area beneath the canopy of the following tree/s is fenced off at the specified radius from the trunk to prevent any activities, storage or the disposal of materials within the fenced area. The fence/s shall be maintained intact until the completion of all demolition/building work on site.
Pistacia chinensis (Chinese Pistacia) 4.0mTree/Location Radius in Metres
Northern site corner in rear garden
75. The tree protection fence shall be constructed of galvanised pipe at 2.4 metre spacings and connected by securely attached chain mesh fencing to a minimum height of 1.8 metres prior to work commencing.
76 Upon completion of the installation of the required tree protection measures you are required to contact Council on telephone 9424 0888 or facsimile 9418 1117 to arrange an inspection of the site, in this regard a minimum of 24 hours notice is required. Following the carrying out of a satisfactory inspection and subject to the payment of all relevant monies and compliance with any other conditions of approval, work may commence.
14 CONDITIONS TO BE COMPLIED WITH PRIOR TO OCCUPATION
77. Prior to the release of any occupation certificate, a compliance certificate must be obtained from an accredited certifier, certifying that the building works for the building to be occupied comply with the plans and specifications approved by this development consent; and any construction certificate associated with this consent for the buildings to be occupied. If the PCA is not the Council, then this compliance certificate must be submitted to the Council at the same time as the occupation certificate is submitted to the Council in accordance with Clause 151(2) of the E P & A Act regulations.
78. A survey report shall be submitted to the Principal Certifying Authority prior to occupation, which certifies that the development has been constructed in accordance with the terms of this consent in relation to built upon area, building levels and setbacks.
79. For any of the legal instruments created as a requirement of this determination, Ku-ring-gai Council is to be named as the only authority empowered to release, vary or modify such instruments.
80. The construction of the required drainage systems must be undertaken to the satisfaction of Principal Certifying Authority. The works are to be supervised by the designing engineer and certified upon completion that the as-constructed works comply with the approved design documentation and with Council’s Stormwater Management Manual. A registered surveyor is to provide a Works-as-executed drawing of the as constructed works and must certify that all drainage structures are wholly contained within the drainage easement(s).
81. Construction of the property stormwater drainage works is to be supervised and upon completion certified by a suitably qualified and experienced hydraulic engineer or surveyor, prior to Occupation, that:
a. The works were carried out and completed in accordance with the approved plans.
b. All enclosed floor areas, including habitable and garage floor levels, are safeguarded from outside stormwater runoff ingress by suitable differences in finished levels, gradings and provision of stormwater collection devices.
A Works-as-Executed drawing of the property stormwater drainage system is also to be furnished by the Certifier prior to Occupation.
82. Construction of the roadworks is to be supervised and upon completion a Certificate and Works-as-Executed drawing issued by a suitably qualified and experienced engineer or Surveyor is to be submitted to the Principal Certifying Authority prior to occupation, or issue of an Occupation Certificate.
83. Construction of the On-site Stormwater Detention Systems is to be supervised and upon completion a Certificate and Works-as-Executed drawing issued by a suitably qualified and experienced engineer or surveyor is to be submitted to the Principal Certifying Authority prior to occupation or issue of an Occupation Certificate.
NOTE 1: The Certificate is to be with respect to compliance with:
a. The soundness of the structure.
b. The adequacy of the outlet control mechanism to achieve the discharge as specified.
c. The capacity of the detention storage as specified.
d. The size of the orifice or pipe control fitted.
e. The maximum depth of storage over the outlet control.
f. The adequate provision of a debris screen.
g. The inclusion of weepholes in the base of the outlet control pit.
h. The provision of an emergency overflow path.
NOTE 3: The Works-as-Executed drawing(s) are to include all relevant levels including:
NOTE 2: The certifying engineer and surveyor is to also complete and submit Council’s standard On-site Stormwater Detention Certification sheet.
- · Invert levels
· surface or pavement levels
· floor levels including adjacent property floor levels
· maximum water surface level to be achieved in the storage zone
· dimensions of basin(s), tank(s), pit(s), etc.
· location(s) of basin(s), tank(s) and distances from buildings, boundaries, and easements, etc.
· storage volume(s) provided and supporting calculations
· size of orifice(s)
84. In order to maintain Council’s database of as-constructed on-site stormwater detention systems, if the Principal Certifying Authority is not Council then a copy of the approved stormwater detention design, the works-as-executed drawings and the Engineer’s certification of the as-constructed system is to be provided to Council, attention Development Engineer, prior to occupation, the issue of the Occupation Certificate or the issue of a subdivision certificate.
85. The creation of a Positive Covenant and Restriction on the Use of Land under Section 88B of the Conveyancing Act 1919, burdening the property with the requirement to maintain the on-site stormwater detention facilities on the property prior to occupation or the issue of an occupation certificate. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for protection of on-site detention facilities" and to the satisfaction of Council. For existing Titles, the Positive Covenant and the Restriction on the use of Land is to be created through an application to the Land Titles Office in the form of a request using forms 13PC and 13RPA.
86. 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.
The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development/ release of the plan of subdivision.
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.
15 BUILDING CONDITIONS
87. The following are required details and must be submitted to the Principal Certifying Authority prior to issue of the Construction Certificate. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify.
a. Details prepared by a practicing structural engineer for all or any reinforced concrete, structural steel or timber framing.
b. Wet area waterproofing details complying with the Building Code of Australia.
c Mechanical ventilation details complying with Australian Standard 1668-1993 Mechanical Ventilation & Airconditioning.
d. Glazing details complying with AS 1288-1989 Glass in Buildings and Installation Code.
e Stormwater disposal details complying with Council's Stormwater Management Manual and/or other conditions of this consent.
88. Any mechanical ventilation installed in a dwelling shall comply with the requirements of Part 3.8.5.0 of the Building Code of Australia Housing Provisions. Documentary evidence of compliance is to be obtained from a suitably qualified person and submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.
89. The building works are to be inspected during construction by the Council, an accredited certifier or other suitably qualified person/s (as applicable) and a Compliance Certificate shall be issued prior to proceeding to the subsequent stages of construction, encompassing not less than the following stages:
a. All sediment and erosion control and tree protection measures and installations in place on the site prior to the commencement of any earthworks, excavations or other work.
b. Any pier holes and/or foundation material.
c. Any steel reinforcement prior to placement of concrete. This includes all reinforcement of floors, slabs, trenches, columns, beams and stairs (if components of this structure).
d. Any structural components (i.e. timber framework, structural steelwork or the like) before fixing any lining or covering.
e. Any stormwater drainage works prior to covering.
f. The completed landscape works in accordance with the approved plans.
g. The completed structure prior to occupation.
The required inspection fees (which also covers the issue of the Compliance Certificate) are to be paid to the Council before the issue of a Construction Certificate for this development.
Note: Inspections of work which is found to be defective or not ready will attract a reinspection fee. Please cancel bookings which will not be ready for inspection.If inspections are to be carried out by Council, 24 hours notice is required by Council's Department of Environmental and Regulatory Services, by telephoning Customer Service on 9424 0888 during business hours (8.30am to 4.30pm) or by facsimile on 9418 1117.
90. All structural timber members subject to weather exposure shall have a durability class rating of 2 or better in accordance with Australian Standard 1684.2-1999 (National Timber Framing Code), or be preservative treated in accordance with Australian Standard 1604-1980 (Preservative Treatment for Sawn Timbers, Veneers and Plywood).
91. For the purpose of safe ingress and egress the stairs are to be constructed within the following dimensions:
Note: Dimensions must also comply with limitations of two (2) Risers and one (1) going equalling a maximum 700mm or minimum 550mm. The Risers and Goings shall be uniform throughout the length of the stairway.
Risers: Maximum 190mm Minimum 115mm
Going (Treads): Maximum 355mm Minimum 240mm
92. For fire safety an automatic fire detection and alarm system shall be installed throughout the dwelling in accordance with the following requirements:
a. A smoke alarm system complying with Part 3.7.2 of the Building Code of Australia Housing Provisions; or
b. Smoke alarms which:
- i. comply with Australian Standard 3786 or listed in the Scientific Services Laboratory Register of Accredited Products (all accredited products should have scribed on them the appropriate accreditation notation); and
ii. are connected to the mains and have a standby power supply; and
iii. are installed in suitable locations on or near the ceiling and as prescribed under Part 3.7.2 of the Building Code of Australia Housing Provisions.
To ensure compliance with this condition, a Compliance Certificate or documentary evidence from a suitably qualified person is to be submitted to the Principal Certifying Authority.
93. Termite protection which will provide whole of building protection in accordance with Australian Standard 3660 - "Protection of Buildings from Subterranean Termites" is to be provided.
Council has a non chemical policy for termite control but will consider proposals involving physical barriers in combination with approved chemical systems. Handspraying is prohibited.
To ensure compliance with this condition, a Compliance Certificate or documentary evidence from a suitably qualified person is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate.Where a monolithic slab is used as part of a termite barrier system, the slab shall be constructed in accordance with Australian Standard 2870.1 or as designed by a structural engineer but in either case shall be vibrated to achieve maximum compaction.
94. The following are required details and must be submitted to the Council on completion of the works. Any matter listed below must have a Certificate attached from a suitably qualified person to the effect that the design or matter complies with the relevant design Standard or Code which the Certificate must identify.
a. Wet area waterproofing details complying with the Building Code of Australia.
b. Mechanical ventilation details complying with Australian Standard 1684 Mechanical Ventilation & Airconditioning.
c. Glazing details complying with AS 1288-1989 Glass in Buildings and Installation Code.
d. Stormwater disposal details complying with Council's Stormwater Management Manual and/or other conditions of this consent.
e. A Compliance Certificate from a suitably qualified person that the dwelling complies with the relevant deemed to satisfy provisions of the Building Code of Australia.
- i. A Compliance Certificate that the building is protected and complies with Australian Standard 3959 Construction of Buildings in Bushfire Prone Areas.
j. A Registered Surveyor's Report on completion of footings but before external walls are above floor level verifying compliance with this consent.
95. The submission of the approved plans to Sydney Water, before any work is commenced to ensure that the proposed structure meets that Authority's By-Laws. Failure to submit these plans before commencing work will render the owner liable to a penalty and may result in the demolition of the work.
_________________________
J S Murrell
Commissioner of the Court
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