Small v Woollahra Municipal Council - [2008] NSWLEC 1239

Land and Environment Court

of New South Wales

CITATION: Small v Woollahra Municipal Council [2008] NSWLEC 1239
This decision has been amended. Please see the end of the judgment for a list of the amendments.

PARTIES:
APPLICANT
Andrew Small
RESPONDENT
Woollahra Municipal Council

FILE NUMBER(S): 11102 of 2007

CORAM: Hoffman C

KEY ISSUES: Development Application :- stormwater drainage, sewer, frontage, parking, privacy, bulk, overland flooding, landscaping, zoning

LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Woollahra Local Environmental Plan 1995

DATES OF HEARING: 21/05/2008; 22/05/2008;

EX TEMPORE JUDGMENT DATE: 22 May 2008

LEGAL REPRESENTATIVES:
APPLICANT
Mr S. Griffiths, solicitor
Ms N. Lowe, solicitor
Instructed by R.V Vickers
of Pike Pike & Fenwick
RESPONDENT
Ms J. Hewitt, solicitor
and Mr T. Davis, solicitor
of HWL Ebsworth

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT

OF NEW SOUTH WALES

Hoffman C

22 May 2008

11102 of 2007 Andrew Small v Woollahra Municipal Council

This is a Class 1 appeal number 11102 of 2007 between Dr Andrew Small and Woollahra Council in regard to the refusal of a proposal to demolish an existing house and build a three storey building containing three flats and an underground car park for six cars at 128 Bellevue Road, Double Bay.
The site is part way up the road that it follows the curves of Bellevue Hill. The site is on the lower side of the road. The land slopes downhill towards Carlotta Avenue. The site is near the apex of a convex curve in the road and this topography has created a fan-shaped allotment for the subject site. The site is about 880 square metres in area with a rear boundary of about 25 m and a 13.6 m frontage at the present time. The statutory frontage required is fifteen metres. The uphill neighbouring property has agreed to a boundary adjustment to provide a 15.2 m frontage so there is compliance with cl 10B of the Woollahra Local Environmental Plan 1995.

3 The proposal has a two car wide drive entry off the street and the access to the underground car park is by car lift. The entry drive allows one car to wait within the property while another car goes into or comes out of the car lift. The design means cars will enter and leave the site in a forward direction which is a superior safety arrangement to the houses along Bellevue Road. Most of them have to reverse in one direction or another in the street reserve. The residents advise the speed of cars, the curves in the road and on-street parking make reversing a hazardous manoeuvre. A traffic and parking study in exhibit F verifies the design and says it will work.

4 The units are designed with an entry stairway from the street down the western side boundary that adjoins 130 Bellevue Road which is a very large detached house. The units have another access via a lift and stairs from the car park to each floor. The proposal has one unit on the top floor, the roof of which is about level with the street, and it has a large terrace facing south across the valley.

5 On the middle floor there are two units. The northern unit has living rooms facing north-west across one terrace, and it has another terrace on the northern side within the front setback. The southern unit has bedrooms and a study looking south on this middle level with stairs down to the bottom level. The bottom level has the living room of that unit and its south-facing ground level terrace and plunge pool. The underground car park is behind this unit on the bottom level.

6 The building has a ten metre rear setback with landscaped grounds in that area. The existing large trees in this rear area are to be kept, including along part of the side setback with No. 130. A large cedar in the front yard is to be removed due to the construction process however it is to be replaced with a chinese elm.

7 The amended plans also allow for additional deep soil planting area and increased landscape vegetation. A large amount of supplementary vegetation is proposed in the front, the rear and the eastside areas and part of the west side. The entry stairs coming downhill on the west side restricts planting area for part of that space.Number 130 has a high masonry side boundary wall adjoining most of the stairway that will protect it from noise and people on the stairs. In the locations adjoining the house on No.130 the high fence on the boundary will screen any persons however No.130 has very few if any windows on that elevation.

8 Below the site are houses built further downhill on Carlotta Avenue being Nos. 30, 32 and 34. Number 36 Carlotta Avenue is a battle-axe lot that has townhouses built at the uphill end adjoining the rear boundary of Nos 124 and 126 Bellevue Road.

9 Numbers 124 and 126, the eastern neighbour of the subject site, has a development consent for five units that are not yet built. In that approval an easement for stormwater drainage through No.s 32, 34 and 36 Carlotta was included. Unfortunately the grantors of that easement had terminated their agreement to it. As a result action via the Conveyancing Act1919 or the Land and Environment Court 1979 may have to be taken if a new agreement cannot be reached.

10 The easement and the stormwater pipe design was shown by engineering evidence in this case to be adequate to take stormwater from No. 128 as well. This may enable compliance with cl 25(2) of the Woollahra Local Environmental Plan 1995 . Number 128 and No. 36 Carlotta have only the corner of allotments that adjoin each other.

11 Should this appeal be upheld and approval foreshadowed cl 25(2) would require the deferral of any Court orders to that effect until an easement is registered. The subject appeal had been through a s 34 conference that had enabled the parties to resolve all their differences apart from cl 25(2). They come to the Court with consent orders.

12 The Respondent was represented by:

Ms J Hewitt, solicitor,
Mr T Davis, solicitor,
Mr Gray, Arborist, and
Mr Schofield, Town Planner.

13 The Applicant was represented by:

Mr S Griffiths, solicitor,
Ms N Lowe, solicitor,
Mr A Betros, town planner
Mr Karikios, civil engineer
Mr Brenchley, architect and
Mr Gatenby, Landscaper.

A number of Objectors gave evidence, namely Mr and Mrs Adler of 30 Carlotta Avenue, Mrs Mackey, 131 Bellevue, Mr Di Veroli, architect representing the units at 36 Carlotta and Mrs G Gollen of 135 Bellevue Road. The written objections of a number of other persons in the locality were in evidence.

15 A summary of their concerns are;

2. sewer overloading,

3. footprint of the building exceeds the control,

4 frontage is too small,

5. car lift and visitor parking impractical,

6. noise of car lift,

7. metal gates and other equipment,

7. privacy,

8. bulk,

9. overdevelopment in this locality and

10. car parking should be on the roof of buildings on the low side of the street.

16 The stormwater concerns of the objectors are legitimate on several fronts. Apparently Bellevue Road becomes a river in times of heavy rain. Due to the speed and volume of run-off it sloshes over the footpath and into persons’ properties causing overland flow damage. The Council has had a study done by Patterson Britten, a civil engineer firm, and its overall strategy is, I am told, to keep the water within Bellevue Road all the way to the bottom of the hill. As a result new development has to keep water out.

17 This development has been amended to raise the drive entry and to have solid street fences to keep the water out. At the pedestrian entry gate the design has three steps up before the stairs descend. This creates a barrier to stop street water coming in.

18 Another aspect of stormwater is that the earlier houses date from 1920s and probably disposed of their stormwater on their own land. In times of high rainfall the overland flow plus the roof water and paved area water cause problems for people below in Carlotta Street. The objectors are concerned the increased roof and paved area of medium density development compared to detached houses will make it worse.

19 One wonders a little about this with the inspections of No.s 126 and 130 Bellevue Road carried out during the hearing. Both these properties have extensive paved areas plus the houses that must shed water downhill at the present time. The proposal by comparison will pipe all its roof and paved area water to an on-site detention tank and then drain it via the easement to Council drains in Carlotta Avenue. The engineer calculates this will reduce any run-off to 50 per cent what it is now.

20 The objectors are concerned about the capacity of the detention system. The evidence shows has been sized to the one-in-100-year design storm. This is the maximum size required for this sort of system. The objectors are concerned about any blockage or failure of the system, and I was told it is designed with leaf and branch collectors for first storm flush, and at other points along the system to minimise blockages. There are conditions for regular maintenance to avoid build up of debris. This goes as far as one can to avoid blockages.

21 The Adlers are concerned that part of the rear setback above their property cannot be drained to the stormwater system because of the topography. Mr Gatenby said that the area they refer to has existing large trees and will have more planted, and the vegetation will need any rain it gets there to survive. With that and the reduction of overland flows by the drainage system the Adlers must get less overland flow stormwater than now.

22 The Adlers were also concerned about overlooking. I was taken to their deck area which is elevated above a swimming pool and poolside terrace area in their backyard. This pool and its terrace are excavated into the hill with stepped retaining walls uphill with thick hedges above. The terrace and pool areas could not be seen from the proposed building. The rear deck might be seen from the top floor south balcony of Unit 1.

23 There has been however a change to the design to install a three metre wide planter trough that keeps people on the Unit 1 balcony three metres back from the edge. Mr Betros did a sight line projection and had the opinion that a person on the balcony might see the Adlers’ roof but not their deck or rear windows. In any case, Mr Betros said, the distance of separation is 40 m plus, when the accepted separation for suburban privacy without any screen is 16 m.

24 The vegetation in Adlers and on the subject site with its retained large trees and supplementary trees would soften and screen any view of the proposal from Adlers. Mr Gatenby said he could plant some extra trees to further ensure a green outlook for the Adlers, and this was made a condition.

25 In regard to sewer overload there is an existing problem of manholes of sewer mains popping in heavy rain. The sewer main runs along the rear boundaries of the Bellevue Road allotments. Persons with manholes in their yards or those below are affected, and do not like the prospect of more dwellings uphill adding to the volume.

26 I was told Sydney Water had done an investigation to try to stop roof water downpipes, et cetera, being connected into the sewer but it had not seemed to do any good. The residents had asked the Council to work on this also and said that the result is, in their opinion, no authority wants to take ownership of the problem.

27 Mr Karikios said that there is another possibility because the sewer mains would be old pipes. It is possible there are many cracks and in high rainfall the ground water forces itself into the pipes and creates the extra volume that blows the manholes. In time these old sewer mains will have to be replaced. That circumstance cannot be blamed on the proposal, he said. The development will have to seek a certificate from Sydney Water prior to construction and the applicant would carry out any requirements. That is all any new development could do.

28 The site frontage compliance is dealt with by deferred commencement condition for the necessary boundary adjustment mentioned before.

29 The car lift and visitor parking is dealt with by the transport and traffic planning report. Although some visitors may park in the street, the required on site visitor car space is provided. Although the Council development control plan prefers that visitor spaces be at ground level, the Respondent has accepted that for three flats the visitor traffic generation is quite small, and access via the car lift is acceptable due to the small number of vehicles per day using it.

30 Mr Schofield said that car lifts are not generally favoured. But on this difficult site, allowing the car park in the basement enables the living spaces, namely the apartments, to occupy the upper levels of the building and therefore have better solar access. This is important in his opinion because their principal aspects are either south or west and the design enables them to enjoy better living amenity.

31 In regard to noise the Council has applied the usual condition to prevent mechanical equipment noise being above acceptable limits for neighbours. This applies to the car lift as well as any other equipment. The lift is enclosed in masonry construction and is unlikely to produce much outside noise because of that.

32 Some of the neighbours said the clanging of metal gates to houses and units is already a nuisance in the area. The proposal has metal gates at each level creating an entry court for each unit as well as the pedestrian front gate. There are no gates on the drive entry. The Applicant accepted a condition that all metal gates must have rubber buffers installed to prevent clanging.

33 Mrs Williams of No. 130 Bellevue Road had not objected on privacy or bulk issues in regard to the amended plans that had emerged from the s 34 conference. The amendments had increased the side setbacks for the proposal to her property, retained some existing trees in the side setback, and planted more trees and vegetation, and installed privacy screens apparently to her satisfaction.

34 In regard to the footprint or site coverage of the building, the Residential 2B medium density zone that the site is located in, has a control of 30 per cent of the site area. The proposal is 40.5 per cent.

35 The Council has not raised that as an issue given the amendments that have increased the deep soil planting area, and the revised landscape plans together with the increased side setbacks, and the resolution of privacy concerns. Also the Council considers the design as good quality given the difficult and very steep site.

36 The Council also formed the opinion, and I agree with it, that aesthetically and from an urban design and streetscape point of view, the design fits in with the approved development at Nos. 124-126 Bellevue Road.

37 On the streetscape issue the Council had been concerned about the height and visibility of the car lift, however it is realised that the flood problems on Bellevue Road require the raising of the driveway as previously described. The Applicant has shown that the car lift mechanism required the structure proposed and there is no alternative that might allow it to be lowered. The structure is to be stone-clad masonry, set back about 7 m from the front fence, and the doorway to the car lift is to be matt finished stainless steel.

38 Also with the extra site width the car lift structure occupies only part of the visible street frontage. The improved landscape plan will actually increase the vegetation and trees seen from the street compared to the existing, which is largely obscured by a double car garage right on the street boundary.

39 In regard to overdevelopment in the locality the Council and the Applicant noted that across Bellevue Road from the site is low density Residential 2A zone for detached houses, and uphill a little distance, both sides of the street is zone 2A. However from several allotments uphill of this site and the rest of the lots downhill, and all the houses in Carlotta Avenue are medium density Residential 2B zone.

The zoning has been that way for about thirteen years but the take up of medium density development has been slow. The location of the zone was determined by Council, I was told, probably due to its proximity to the Double Bay Shopping centre and public transport.

41 The subject proposal and the one uphill at No.s 124-126, and for that matter the townhouses at 36 Carlotta Avenue, are more indicative of the future character at this part of Bellevue Road and Carlotta Avenue than the existing detached houses. The change to medium density development is what is wanted by the Council. The Respondent is satisfied that the development complies with both the objectives of the local environmental plan and the objectives of the Residential 2B Zone. I agree with that opinion.

42 The Respondent noted that Mr Gray is now generally happy with the landscape proposal including the new requirement for arborist supervision of the installation of the stormwater pipe through vegetation and trees on No.s 32, 34 and 36 Carlotta Avenue. He is satisfied that this would minimise any damage and enable re-landscaping of any lost vegetation.

43 The parties had reviewed the draft conditions during the hearing and had added and amended generally in accord with this judgment.

44 Given the evidence and the consent orders sought I have formed the opinion there is no reason sufficient to refuse the development subject to the satisfaction of cl 25(2) of the Woollahra Local Environmental Plan 1995 and the deferred commencement condition for the boundary adjustment.

45 The Court orders by consent that:

Woollahra Local Environmental Plan 1995

2. The proceedings are adjourned to allow the applicant to obtain, or to make an action to obtain and register an easement for drainage of stormwater for the development at 128 Bellevue Road, Bellevue Hill, in accordance with the following plans:

(ii) Concept Stormwater Management Plan Drawing number C1.01 Issue C dated 15 April 2008 by Acor Consultants.

4. The exhibits are returned to the parties except Exhibits 3, 8, A, B, C, D & J.

5. Parties are to appear at Mention on 24 November 2008 to advise progress, with liberty to restore to the List on 2 days Notice should matters progress more quickly.

___________________

kb

Final Orders

Annexure ‘A’

Conditions of Consent

For the demolition of existing buildings at No.128 Bellevue Road, Bellevue Hill and the erection thereon of a 3-storey apartment building containing 3 flats and a carpark for 6 cars.

A. General Conditions

Development consent is granted subject that this consent is not to operate until the applicant satisfies the Council, in accordance with the Regulations , as to all matters specified in this condition:

a. That the person with the benefit of the consent must provide Council with a copy of a registered deposited plan which demonstrates that the boundary adjustment between No’s 126 and 128 Bellevue Rd, Bellevue Hill, illustrated on Dwg No: 2007-013-DA01, Issue C, dated 14.02.08, drawn by Brenchley Architects has been implemented.

Period within which evidence must be produced

The applicant must produce evidence to Council sufficient enough to enable it to be satisfied as to those matters above within 365 days (1 year) of the date of determination.

Clause 95(4) of the Regulation :

“ The applicant may produce evidence to the consent authority sufficient to enable it to be satisfied as to those matters and, if the consent authority has specified a period for the purpose, the evidence must be produced within that period .”

If the evidence is not produced with within 365 days (1 year) of the date of determination this deferred commencement consent is of no effect, the consent does not operate and no construction certificate can be issued. No development can lawfully occur under this consent unless it operates.

Note : Nothing in the Act prevents a person from doing such things as may be necessary to comply with this condition. (See section 80(3) of the Act )

This consent does not operate until Council has acknowledged compliance with this condition in writing.

Note:

Construction Certificate

Act

Regulation

Standard Condition: A1

Unless specified otherwise words have the same meaning as defined by the Act , the Regulation and the Interpretation Act 1987 as in force at the date of consent.

Applicant means the applicant for this Consent.

Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent.

AS or AS/NZS means Australian Standard ® or Australian/New Zealand Standard ®, respectively, published by Standards Australia International Limited.

BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate .

Council means Woollahra Municipal Council

Court means the Land and Environment Court

Local native plants means species of native plant endemic to Sydney’s eastern suburbs (see the brochure titled “Local Native Plants for Sydney’s Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils).

Stormwater Drainage System means all works, facilities and documentation relating to:

a. The collection of stormwater,
b. The retention of stormwater,
c. The reuse of stormwater,
d. The detention of stormwater,
e. The controlled release of stormwater; and
f. Connections to easements and public stormwater systems.

Owner means the owner of the site and successors in title to the site .

Owner Builder has the same meaning as in the Home Building Act 1989.

PCA means the Principal Certifying Authority under the Act .

Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed.

Professional Engineer has the same meaning as in the BCA.

Public Place has the same meaning as in the Local Government Act 1993.

Road has the same mean as in the Roads Act 1993.

SEE means the final version of the Statement of Environmental Effects lodged by the Applicant.

Site means the land being developed subject to this consent.

WLEP 1995 means Woollahra Local Environmental Plan 1995

Work for the purposes of this consent means:

a. the use of land in connection with development,
b. the subdivision of land,
c. the erection of a building,
d. the carrying out of any work,
e. the use of any site crane, machine, article, material, or thing,
f. the storage of waste, materials, site crane, machine, article, material, or thing,
g. the demolition of a building,
h. the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of land,
i. the delivery to or removal from the site of any machine, article, material, or thing, or
j. the occupation of the site by any person unless authorised by an occupation certificate .
Note : Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council.
Standard Condition: A2

Those with the benefit of this consent must carry out all work and maintain the use and works in accordance with the plans and supporting documents listed below as submitted by the Applicant unless modified by any following condition . Where the plans relate to alterations or additions only those works shown in colour or highlighted are approved.

Reference Description Author/Drawn Date(s)

2007 / 013 / DA01 – 2007 / 013 / DA04
and 2007 / 013 / DA06 – DA 07
DA01 2007-013-DA05 Architectural Plans
14/02/08
13/07/2007

Flooding and Overland Flow Patterson Britton & Partners P/L 06/09/06

19373ZRpt Geotechnical Report Jeffery & Katauskas P/L 21/04/05

5015-01 & 5015-02
(Issue D) Landscape Plans Peter Glass 21/2/2008

Arborists Report Apex Tree & Garden 11/12/2007

CK20.02, (Issue C) Stormwater Management Plan for easement Acor Consultants 20/02/08

C1.01 (Issue C) Stormwater Management Plan Acor Consultants 15/04/2008

07317 Assessment of Access and Parking Traffic & Transport Planning Assoc December 2007

Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan.
Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g) of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate .)

Standard Condition: A5

The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the owner’s expense.
Note : This condition does not affect the principal contractor's or any sub-contractors obligations to protect and preserve public infrastructure from damage or affect their liability for any damage that occurs.

Standard Condition: A8

Prescribed conditions in force under the Act and Regulation must be complied with.
Note : It is the responsibility of those acting with the benefit of this consent to comply with all prescribed conditions under the Act and the Regulation . Free access can be obtained to all NSW legislation at

Standard Condition: A30

Separate approval is required under Section 68 of the Local Government Act 1993 for the Grey Water treatment plant.

B. Conditions which must be satisfied prior to the demolition of any building or construction.

To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements;

(a) Tree Protection Zone areas

Council Reference No:

Species

Location

Radius from Trunk
(Metres)*

4
Lophostemon confertus Brush Box
Rear – West boundary

2m

5
Lophostemon confertus Brush Box
Rear – West Boundary

2m

6
Jacaranda mimosifolia Jacaranda
Rear – South boundary

2m

(b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works.

(c) Trunk protection, to a maximum height permitted by the first branches, is to be installed around the trunks of the trees listed in the table below;

Council Reference No:

Species

Location

4
Lophostemon confertus Brush Box
Rear – West boundary

5
Lophostemon confertus Brush Box
Rear – West Boundary

6
Jacaranda mimosifolia Jacaranda
Rear – South boundary

A padding material eg. Hessian or thick carpet underlay, is to be wrapt around the trunk first. Harwood planks, 50x100mm and to the maximum possible length, are to be placed over the padding and around the trunk of the tree at 150mm centres. These planks are to be secured in place by 8 gauge wire at 300mm spacing.

(d) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist.

(e) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone.

(f) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels.

(g) The storage of materials, stockpiling, siting of works sheds, preparation of mixes, cleaning of tools or equipment is not permitted within Tree Protection Zones.
Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction.

Standard Condition: B5

C. Conditions which must be satisfied prior to the issue of any Construction Certificate.

The approved plans must be amended and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation , must detail:

a. Landscape drawing number 5015-01, Issue D, dated 21 February 2008, prepared by Peter Glass & Associates, is to be amended so that the area of deck to the southwest of the building, adjacent to the pool, is deleted.
b. The landscaped roof on the southern and western sides of the terrace to Unit 1is to be contained within a 400mm high elevated planter box.

Note : The effect of this condition is that it requires design changes and/or further information to be provided with the Construction Certificate drawings and specifications to address specific issues identified during assessment under section 79C of the Act .

Note : Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition unless the Certifying Authority is satisfied that the condition has been complied with.

Note

Regulation

Construction Certificate

The person(s) with the benefit of this consent must pay the following long service levy, security, development levy, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate , as will apply.

The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically

construction certificate

subdivision certificate

occupation certificate

Description

Amount

Indexed

Council
Fee Code

LONG SERVICE LEVY
under Building and Construction Industry Long Service Payments Act 1986

Long Service Levy
Use Calculator:
Contact LSL
Corporation or use their online calculator

No

SECURITY
under section 80A(6) of the Environmental Planning and Assessment Act 1979

Property Damage Security Deposit - Making good any damage caused to any property of the Council as a consequence of the doing of anything to which the consent relates.
$24 000

No

T115

Infrastructure Works Bond -Completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with the consent.
$16,600

No

T112

DEVELOPMENT LEVY
under Woollahra Section 94A Development Contributions Plan 2005
This plan may be inspected at Woollahra Council or downloaded from our website .

Development Levy (S94A)
$11,000 + Index Amount

Yes, quarterly

T96

INSPECTION FEES
under section 608 of the Local Government Act 1993

Public Road and Footpath Infrastructure Inspection Fee
$363.25

No

T45

Security Administration Fee

$168

No

T16

TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES

$52 131.25
Plus any relevant indexed amounts and long service levy

Building & Construction Industry Long Service Payment

The Long Service Levy under Section 34 of the Building & Construction Industry Long Service Payment Act , 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate .

Note : The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation’s website or by telephoning the Long Service Payments Corporation on 13 14 41.

How must the payments be made?

Payments must be made by:

a. Cash deposit with Council,
b. Credit card payment with Council, or
c. Bank cheque made payable to Woollahra Municipal Council.

The payment of a security may be made by a bank guarantee where:
a. the guarantee is by an Australian bank for the amount of the total outstanding contribution;
b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;
c. the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and
d. the bank’s obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required.
How will the section 94A levy be indexed?

To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2005 sets out the formula and index to be used in adjusting the s.94A levy.

Do you need HELP indexing the levy?

Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate).
Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2005

Where the applicant makes a written request supported by reasons for payment of the section
94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider:

a. the reasons given;
b. whether any prejudice will be caused to the community deriving benefit from the public facilities;
c. whether any prejudice will be caused to the efficacy and operation of this plan; and
d. whether the provision of public facilities in accordance with the adopted works schedule will be adversely affected.

Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where:

a. the guarantee is by an Australian bank for the amount of the total outstanding contribution;
b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;
c. the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and
d. the bank’s obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required.
Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid.
Standard Condition: C5

Standard Condition: C7

The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include detailed professional engineering plans and/or specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation.

Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate .

Note: This does not affect the right of the developer to seek staged Construction Certificates
Standard Condition: C36

A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application.
Note : This condition is imposed to ensure that the existing structure structural is able to support the additional loads proposed.

Standard Condition: C35

This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit.

Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage) within existing roads, must be submitted to Council’s Development Engineer and approved by Council under the Roads Act 1993, before the issue of any Construction Certificate . To accommodate this requirement, the following infrastructure works must be carried out on Council property at the Applicants expense:
Drainage – Carlotta Street

Construction of a standard gully pit in the kerb adjacent to 36 Carlotta St in accordance with Council’s Standard “Grated Gully Pit with extended Kerb Inlet” drawing DR1.

Construction of approximately 10m of 375mm RCP in-ground drainage line. The line must connect to the existing Council stormwater system by construction of a new DGGP located downstream outside 33 Carlotta St

The developer shall be responsible for carrying out any service investigations to allow a gravity connection.

Bond

A bond of $16,600 will be used as security to ensure the satisfactory completion of the infrastructure works. The security or bank guarantee must the original and not have an expiry date.

Council may use all or part of the Infrastructure Bond as well as the Property Damage Security Deposit to meet the cost of removing or completing the works if they do not meet Council’s requirements.

The Deposit/Bond will not be released until Council has inspected the site and is satisfied that the Works have been completed in accordance with Council approved drawings and to Council requirements

An “Application to carry out works in a Public Road” form (available from Councils web-site ) must be completed and lodged, with the Application fee, at Councils Customer Services counter. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following:

Engineering drawings (plan, sections and elevation views) and specifications of the footpath, driveways, kerb & gutter, new gully pit showing clearly the connection point of site outlet pipe(s). Note, the connection drainage lines must be as direct as possible and generally run perpendicular to the kerb alignment.

Engineering drawings of the new drainage line to be constructed joining the new and existing drainage pits including services.

The design of the works must be in accordance with Council’s Draft Stormwater Drainage Management DCP (Draft Version 1.1 Dated 14/12/06) available from Council's website Four weeks should be allowed for assessment.

Access levels and grades to and within the development must match access levels and grades within the road approved under the Roads Act 1993.

All public domain design and construction works must comply with Council’s “ Specification for Roadworks, Drainage and Miscellaneous Works ” dated January 2003 unless expressly provided otherwise by these conditions. This specification can be downloaded from .

Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may impose one or more Infrastructure Works Bonds.

Note : F our (4) weeks is to be allowed for the Roads Act assessment

Note : Road has the same meaning as in the Roads Act 1993.
Note : The intent of this condition is that the design of the road, footpaths, driveway crossings and public stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate . Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent.
Standard Condition: C13

The Construction Certificate plans and specifications, required by clause 139 of the Regulation , must demonstrate that all utility services (telecommunications, electricity, gas, water and waste water) will be provided underground. All service ducts, pipes and conduits must be provided within the fabric of the building (excluding stormwater down pipes).

Where telecommunications and electricity are provided from existing poles in the road they must, in accordance with the relevant suppliers’ requirements, be carried to the site underground directly to the main switch board within the fabric of the building.

Note : Where adequate provision has not been made for an electrical sub-station within the building, this may necessitate the lodgement of an application to amend this consent under section 96 of the Act to detail the location, landscape/streetscape impacts and compliance with AS2890 as applicable.

The location of service poles and substations required by the relevant suppliers must be shown upon the plans submitted with any Construction Certificate application together with a letter from each relevant supplier setting out their requirements.

Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building unless expressly shown upon the approved DA plans. Details confirming compliance with this condition must be shown on the Construction Certificate plans and/or detailed within the Construction Certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on the Construction Certificate plans.

Note : The intent of this condition is that the design quality of the development must not be compromised by cables, pipes, conduits, ducts, plant, equipment, electricity substations or the like placed such that they are visible from any adjoining public place. They must be contained within the building unless shown otherwise by the approved development consent plans.

The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where they are not found by inspection to be UPVC or copper with continuously welded joints.
Note : This condition has been imposed to ensure that where private sewer pipes are old, may leak or may be subject to root invasion (whether from existing or proposed private or public landscaping) that existing cast iron, concrete, earthenware or terracotta pipes be replaced with new UPVC or copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main, such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe and unhealthy conditions which must be remedied in the public interest.
Standard Condition: C20

The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to:

a. Provide appropriate support and retention to ensure there will be no ground settlement or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure.

b. Provide appropriate support and retention to ensure there will be no adverse impact on surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater).

c. Provide foundation tanking prior to excavation such that any temporary changes to the groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time.

d. Provide tanking of all below ground structures to prevent the entry of all ground water such that they are fully tanked and no on-going dewatering of the site is required.
e. Provide a Geotechnical and Hydrogeological Monitoring Program that:

i. Will detect any settlement associated with temporary and permanent works and structures;
ii. Will detect deflection or movement of temporary and permanent retaining structures (foundation walls, shoring bracing or the like);
iii. Will detect vibration in accordance with AS 2187.2-1993 Appendix J including acceptable velocity of vibration (peak particle velocity);
iv. Will detect groundwater changes calibrated against natural groundwater variations;
details:

the location and type of monitoring systems to be utilised;

the preset acceptable limits for peak particle velocity and ground water fluctuations;

recommended hold points to allow for the inspection and certification of geotechnical and hydro-geological measures by the professional engineer; and

a contingency plan.

Standard Condition: C40

This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit.

The use of permanent ground anchors under Council land is not permitted.

Temporary ground anchors may be permitted, in accordance with Council’s “Rock Anchor Policy", where alternative methods of stabilisation would not be practicable or viable, and where there would be benefits in terms of reduced community impact due to a shorter construction period, reduced disruption to pedestrian and vehicular traffic on adjacent public roads, and a safer working environment.

If temporary ground anchors under Council land are proposed, a separate application, including payment of fees, must be made to Council under Section 138 of the Roads Act 1993. Application forms and Council’s “Rock Anchor Policy" are available from Councils web-site . Approval may be granted subject to conditions of consent. Four weeks should be allowed for assessment.

Note: To ensure that this work is completed to Council’s satisfaction, this consent by separate condition, may impose one or more Infrastructure Works Bonds.

Note : Road has the same meaning as in the Roads Act 1993.
Note : Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: “ Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.” Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road.
Standard Condition: C41

The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for all bicycle, car and commercial vehicle parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities , AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively and including the following:

Access levels and grades must comply with access levels and grade required by Council under the Roads Act 1993.

The design must include sufficient storage to ensure that a vehicle queuing to enter a mechanical parking installation does not extend beyond the property boundary.

A waiting bay, of sufficient size to enable an incoming vehicle to wait whilst a second vehicle exits the site, must be provided. (It is not acceptable for the waiting vehicle to reverse onto the footpath to enable the second vehicle to manoeuvre off the site.

The minimum length of a waiting bay is 6 metres and has a maximum grade of 1 in 20 (5%).

Details of the ongoing maintenance and operation of mechanical parking installations.

The car lift is to have a traffic signal system must be employed to warn approaching vehicles of a vehicle exiting the mechanical car lift. The signal must be clearly visible from the roadway and must default to street level when not in use.

The proposed car lift must be installed in accordance with the standards and guidelines of the manufacturer, AS2890.1 and Council

The internal driveway is to comply with the flood protection measures recommended in the Flooding and Overland Flow report prepared by Patterson Britton & Partners P/L dated 6th September 2006
The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent.

Standard Condition: C45

The Construction Certificate plans and specifications, required by clause 139 of the Regulation , must include a Stormwater Management Plan for the site.

The Stormwater Management Plan must detail:

a. general design in accordance with stormwater disposal concept plan and concept stormwater management plan by Acor dwg no C1.01, issue C, dated 15/04/08 and stormwater management plan easement for drainage dwg no CK20.02, issue C, dated 20/02/2008. Other than amended by this and other conditions;
b. the discharge of stormwater, by direct connection, to the existing Council drainage system outside No 33 Carlotta St by underground pipe system to Council specification
c. compliance the objectives and performance requirements of the BCA;
d. any rainwater tank required by BASIX commitments including their overflow connection to the Stormwater Drainage System , and
e. general compliance with the Council’s draft Development Control Plan Stormwater Drainage Management (draft version 1, public exhibition copy dated 14 December 2006), and
f. on-site stormwater detention (“OSD’).

OSD Requirements

The minimum (OSD) Site Storage Requirements (“SSR”) and the Peak Site Discharge (“PSD”) from the site must be in accordance with the following minimum storage/discharge relationships based upon a 1000m2 site area:

Average Reoccurrence Interval	PSD L/s	Minimum Site Storage Requirement (SSR) m³
2 year	23.5 L/s	4m³
100 year	34 L/s	25m³ – Dwelling House 27m³ – Residential Flat Building 29m³ – Other Development
All values based on per 1000m² site area (interpolate to site area).

Where a rainwater tank is proposed in conjunction with OSD, the volume of the rainwater tank may contribute to the SSR as follows:

i. Where the rainwater tank is used for external uses only, 40% of the rainwater tank volume to a maximum of 4m³ , or
ii. Where the rainwater tank is used for external and internal uses, 75% of the rainwater tank volume to a maximum of 7.5m³.

Example : The Site Storage Requirements may be 25,000 litres and a 10,000 litre rainwater tank is to be used for garden irrigation. Therefore, the rainwater tank contributes 4,000 litres toward SSR. Therefore, the OSD tank needs to be 21,000 litres (25,000 litres less the 4,000 litres allowance). Note: 1m³ = 1,000 litres.

Stormwater Management Plan

A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof.

All pipe layouts, dimensions, grades, lengths and material specification,
Location of On-Site Detention,
All invert levels reduced to Australian Height Datum (AHD),
Location and dimensions of all drainage pits,
Point and method of connection to Councils drainage infrastructure, and
Overland flow paths over impervious areas.

On-site Detention (OSD) details

Any potential conflict between existing and proposed trees and vegetation,
Internal dimensions and volume of the proposed detention storage,
Diameter of the outlet to the proposed detention storage basin,
Plans, elevations and sections showing the detention storage basin invert level, centre-line level of outlet, top water level, finished surface level and adjacent structures,
Details of access and maintenance facilities,
Construction and structural details of all tanks and pits and/or manufacturer’s specifications for proprietary products,
Details of the emergency overland flow-path (to an approved Council drainage point) in the event of a blockage to the on-site detention system,
Non-removable fixing details for orifice plates where used,

Easements

Copies of certificates of title, showing the creation of private easements to drain water by gravity from the site to Carlotta Road as shown on plan by Acor, dwg no CK20.02, issue C, dated 20/02/2008, are to be submitted to Council.

Subsoil Drainage - Subsoil drainage details, clean out points, discharge point.

Note:

Standard Condition: C51

Construction Certificate

Regulation

Note:

The Construction Certificate plans and specifications required by clause 139 of the Regulation must demonstrate compliance (by showing the proposed location of all child-resistant barriers and the resuscitation sign) with the provisions of the Swimming Pools Act 1992.

Note

Construction Certificate

The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the connection of backwash to Sydney Waters sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note : The plans must show the location of Sydney Waters sewer, the yard gully or any new connection to the sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note : The discharge of backwash water to any stormwater system is water pollution and an offence under the Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any stormwater system is an offence under the Protection of the Environment Operations Act 1997.

Standard Condition: C56

The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must be accompanied by a certificate from a professional engineer (acoustic engineer) certifying that noise from the operation of mechanical plant and equipment will not exceed the background noise level when measured at any boundary of the site.

Where sound attenuation is required this must be detailed.

Note: Further information including lists of Acoustic Engineers can be obtained from :

1. Australian Acoustical Society

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2. Association of Australian Acoustical Consultants

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Standard Condition: C62

A developer compliance certificate under Part 6, Division 9 of the Sydney Water Act 1994 must have been issued by the Sydney Water Corporation prior to the issue of any Construction Certificate . The effect of this certificate is that adequate provision has been made or is available for the provision of potable water to and the removal of waste water from the development.

Note : Following application to Sydney Water, a ‘Notice of Requirements’ will detail water and sewer extensions to be built and charges to be paid. Please make early contact with Sydney Water’s authorised Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

Note : Further information can be obtained from the Sydney Water Corporation on or telephone 13 20 92 or by visiting their web site:
.

Note

Standard Condition: C22

D. Conditions which must be satisfied prior to the commencement of any development work

D.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989

For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work:
a. that the work must be carried out in accordance with the requirements of the Building Code of Australia,
b. in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply:
a. to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4),
or
b. to the erection of a temporary building.

In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made.

Note

Standard Condition: D1

D.2 Security Fencing, Hoarding and Overhead Protection

Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either

a. the vertical height above footpath level of the structure being demolished is less than 4.0 m; or
b. the least horizontal distance between footpath and the nearest part of the structure is greater than half the height of the structure.

terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and

The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection.

The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: .

Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like.

Note : The principal contractor or owner must allow not less than two (2) weeks from the date of making a hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees.

Standard Condition: D11

D.3 Site Signs

The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times.

“Erection of signs

1. For the purposes of section 80A (11) of the Act , the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

3. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

4. This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

5. This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.”

Note : PCA and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which imposes a penalty exceeding $1,000).

Note

Council

PCA

principal contractor

owner builder

Regulation

Standard Condition: D12

D.4 Toilet Facilities

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 to a public sewer, or
c. if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or
d. 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.

The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced.

In this condition:

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993.

approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993.

public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

Note

Standard Condition: D13

D.5 Erosion and Sediment Controls – Installation

principal contractor

owner builder

Soil and Water Management Plan

Do it Right On Site, Soil and Water Management for the Construction Industry

Managing Urban Stormwater - Soils and Construction

Where there is any conflict The Blue Book takes precedence.

Note : The International Erosion Control Association – Australasia ( ) lists consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia.

Note : The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from .

Note : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning . It is a criminal offence to cause, permit or allow pollution.

Note : Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”

Warning , irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed.

Standard Condition: D14

D.6 Establishment of boundary location, building location and datum

Prior to the commencement of any work the principal contractor or owner builder must ensure that a surveyor registered under the Surveying Act 2002 sets out:
a. the boundaries of the site by permanent marks (including permanent recovery points);
b. the location and level of foundation excavations, footings, walls and slabs by permanent marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datum (“AHD”) in compliance with the approved plans;
c. establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and
d. provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA.

Note : Where the principal contractor or owner builder notes any discrepancy between the approved development consent and the Construction Certificate , especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor or owner builder should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent.

Note

Standard Condition: D18

D.7 Dilapidation Reports for existing buildings

Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration.

The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work .

principal contractor

owner builder

notice of commencement

Act

Standard Condition: D4

D.8 Adjoining buildings founded on loose foundation materials

The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer .

Note

Conveyancing Act

D.9 Construction Management Plan

a. describe the anticipated impact of the construction works on:

local traffic routes
pedestrian circulation adjacent to the building site
and on-street parking in the local area, and;

b. describe the means proposed to:

manage construction works to minimise such impacts,
provide for the standing of vehicles during construction,
provide for the movement of trucks to and from the site, and deliveries to the site, and;

c. show the location of:

any site sheds and any anticipated use of cranes and concrete pumps,
any areas of Council property on which it is proposed to install a Works Zone (Construction Zone),
structures to be erected such as hoardings, scaffolding or shoring,
any excavation.
d. describe the excavation impact on the area including
Number and types of trucks to be used
Time frame
Streets to be used
Routes to be taken
Directions of travel
Truck storage areas
It is recommended that vehicle routes be shared
Excavation is to only be carried out outside peak and school hours between 9.30am to 2.30pm week days
The CMP is to include both demolition and excavation works.
e. show the location of all Tree Protection (Exclusion) Zones as required within the conditions of this development consent.

The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion.

D.10 Work (Construction) Zone – Approval & Implementation

A work zone is required for this development. The principal contractor or owner must apply for, obtained approval for, pay all fees for and implemented the required work zone before commencement of any work.

The principal contractor must pay all fees associated with the application and occupation and use of the road as a work zone. All Work Zone signs must have been erected by Council to permit enforcement of the work zone by Rangers and Police before commencement of any work. Signs are not erected until full payment of work zone fees.

Standard Condition: E13

E.15 Vibration Monitoring

Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed.

If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity an audible alarm must activate such that the principal contractor and any sub-contractor are easily alerted to the event.

Where any such alarm triggers all excavation works must cease immediately.
Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer .

Where the event requires, in the opinion of the professional engineer , any change in work practices to ensure that vibration at the level of the footings of any adjacent building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these changes in work practices must be documented and a written direction given by the professional engineer to the principal contractor and any sub-contractor clearly setting out required work practice.

The principal contractor and any sub-contractor must comply with all work directions, verbal or written, given by the professional engineer .

A copy of any written direction required by this condition must be provided to the Principal Certifying Authority within 24 hours of any event.

Where there is any movement in foundations such that damaged is occasioned to any adjoining building or such that there is any removal of support to supported land the professional engineer , principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and take immediate action under the direction of the professional engineer to prevent any further damage and restore support to the supported land .

Note : Professional engineer has the same mean as in Clause A1.1 of the BCA.

Note : Building has the same meaning as in section 4 of the Act i.e. “ building includes part of a building and any structure or part of a structure”.

Note

Supported land

Standard Condition: E14

E.16 Erosion and Sediment Controls – Maintenance

The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with:

Do it Right On Site, Soil and Water Management for the Construction Industry

Managing Urban Stormwater - Soils and Construction

The Blue Book

Where there is any conflict The Blue Book takes precedence.

Note 1 : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note 2

Warning

Standard Condition: E15

E.17 Disposal of site water during construction

The principal contractor or owner builder must ensure:

a) Prior to pumping any water into the road or public stormwater system that approval is obtained from Council under section 138(1)(d) of the Roads Act 1993;

b) That water pollution , as defined by the Protection of the Environment Operations Act 1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water;

c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas.

Note

Standard Condition: E17

E.18 Compliance with Council’s Specification for Roadworks, Drainage and Miscellaneous Works Road works and work within the Road and Footway

All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003.

The owner , principal contractor or owner builder must meet all costs associated with such works.

This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places.

Note:

Specification for Roadworks, Drainage and Miscellaneous Works

Standard Condition: E24

E.19 Tree Preservation

Tree Preservation Order

General Protection Requirements:

a) There must be no excavation or work within the required Tree Protection Zone(s). The Tree Protection Zone(s) must be maintained during all development work .

b) Where excavation encounters tree roots with a diameter exceeding 40mm excavation must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions.

Note

Standard Condition: E8

E.20 Tree Preservation & Approved Landscaping Works

a) The following trees must be retained:

Trees on Private Land

Council Reference No:	Species	Location	Dimension (Metres)
4	Lophostemon confertus Brush Box	Rear – West boundary	14 x 8
5	Lophostemon confertus Brush Box	Rear – West Boundary	14 x 9
6	Jacaranda mimosifolia Jacaranda	Rear – South boundary	12 x 10

Note

b) The following trees may be removed:

Council Reference No:	Species	Location	Dimension (Metres)
1	Cedrus deodara Deodar Cedar	Front – centre	16 x 14
1A	Howea forsteriana Kentia Palm	Front – West boundary	8 x 3
2	Ficus rubiginosa Port Jackson Fig	Front – East boundary	9 x 8
3	Lagerstroemia indica Crepe Myrtle	Front – East boundary	7 x 6
7	Ficus sp.	Rear – East boundary	8 x 9
8	Melaleuca armillaris Bracelet Honey Myrtle	Rear – Centre	9 x 5

Note

c) To prevent damage to roots and compaction within the root zone, excavation undertaken for service trenching within the specified radius from the trunks of the following trees must be undertaken in accordance with the methods described in British Standard BS 5837:2005 (Trees in relation to construction) Part 11.7.2 – Figure 4.

Council Reference No:	Species	Location	Radius from Trunk (Metres)
4	Lophostemon confertus Brush Box	Rear – West boundary	1m
5	Lophostemon confertus Brush Box	Rear – West Boundary	1m
G	Jacaranda mimosifolia Jacaranda	Standing on 126 Bellevue Rd – Rear south west corner	2m

d) The following additional compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area.

Species/Type	Planting Location	Container Size or Size of Tree (@ time of planting)	Minimum Dimensions at Maturity
Syzygium australe Brush Cherry Lillypilly	Rear - Southern boundary	200 litre	7 x 5
3 x Syzygium australe Brush Cherry Lillypilly	Rear - Southern Boundary	100 litre	7 x 5

E.21 Swimming and Spa Pools – Temporary Child Resistant Barriers and other matters

Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical.

Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note

Swimming Pool Act

Swimming Pools Act

Standard Condition: E26

E.22 Excavations within 32 Carlotta Rd Double Bay

Trenching by hand shall be used to install the storm water pipe trench within the storm water easement. Trenching shall be carried out so as to maintain all structural roots and roots over 40 mm in diameter within the trench except where it is in direct conflict with the pipeline. Any roots which need to be severed shall be cleanly cut. This will minimize damage and decay in the root system.

Where possible the root plate shall be maintained on and near the surface of the soil and the pipe inserted beneath these retained roots.

The works will be planned so that the trench is only open for a minimum amount of time necessary to facilitate the expedient installation of the pipeline. The spoil from the trench should not contaminate or damage surrounding garden beds. While the trench is open the roots and side of the trench must be kept moist. This is to limit root desiccation which will result in root death. The spoil excavated from the trench may be re-used to backfill within the trench. No mechanical compaction of the backfill of the trench should occur. The backfill should be thoroughly watered in.

A drip irrigation system (such as ‘Techline’ or similar) should be installed along each side of the trench line behind No. 32 and No. 34 Carlotta Road. The system must used on a weekly basis for a minimum of 1 hour in the absence of adequate natural rainfall for a period of 12 months from the date of excavation.

The garden bed shall be mulched with leaf mulch for at least a distance of 1.5 metres on either side of the centre line of the trench immediately after backfilling of the trench.

The leaf mulch shall be applied to a depth of 100 to 150 mm. The mulch must be thoroughly watered in.

All trenching activities behind No 32 Carlotta Road and within the garden bed of No 36 Carlotta Road shall be supervised by a qualified arborist AQF Level 5. The supervising arborist must be present at all times during the excavation for the pipeline behind Nos. 32, 34 & 36 Carlotta Road. A report indicating the completion (or non-completion) of works will be issued by the site arborist at the conclusion of the storm water drainage works.

F. Conditions which must be satisfied prior to any occupation or use of the building (Part 4A of the Act and Part 8 Division 3 of the Regulation)

F.1 Occupation Certificate (section 109M of the Act)

Act

Note

Standard Condition: F1

F.2 Compliance Certificate from Sydney Water

All work must be completed in accordance with the Compliance Certificate under the Sydney Water Act 1994 and the “Notice of Requirements”.

Note

then the “e-developer” icon or telephone 13 20 92.

Standard Condition: F5

F.3 Amenity Landscaping

The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site.

Note

Standard Condition: F6

F.4 Commissioning and Certification of Systems and Works

The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works , as executed and as detailed, comply with the requirement of this consent, the Act , the Regulations , any relevant construction certificate , the BCA and relevant Australian Standards .

Works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must including but may not be limited to:
a. Certification from the supervising professional engineer that the requirement of the Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work.
b. All flood protection measures.
c. All garage/car park/basement car park, driveways and access ramps comply with Australian Standard AS 2890.1 – “Off-Street car parking.”
d. All vehicle lift systems
e. All stormwater drainage systems.
f. All mechanical ventilation systems.
g. All hydraulic systems.
h. All structural work.
i. All acoustic attenuation work.
j. All waterproofing.
k. Such further matters as the Principal Certifying Authority may require.

Note : This condition has been imposed to ensure that systems and works as completed meet development standards as defined by the Act , comply with the BCA, comply with this consent and so that a public record of works as execute is maintained.

Note : The PCA may require any number of WAE plans, certificates, or other evidence of suitability as necessary to confirm compliance with the Act , Regulation , Development Standards, BCA , and relevant Australia Standards . As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services).

Note

PCA

Occupation Certificate

Compliance Certificates

BCA

PCA

Occupation Certificate

Standard Condition: F7

F.5 Commissioning and Certification of Public Infrastructure Works

The principal contractor or owner builder must submit, to the satisfaction of Woollahra Municipal Council, certification from a professional engineer that all public infrastructure works have been executed in compliance with this consent and with Council’s Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003.

Standard Condition: F9

G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate

G.1 Electricity Substations – Dedication as road and/or easements for access

If an electricity substation, is required on the site the owner must dedicate to the appropriate energy authority (to its satisfaction), free of cost, an area of land adjoining the street alignment to enable an electricity substation to be established. The size and location of the electricity substation is to be in accordance with the requirements of the appropriate energy authority and Council. The opening of any access doors are not to intrude onto the public road (footway or road pavement).

Documentary evidence of compliance, including correspondence from the energy authority is to be provided to the Principal Certifying Authority prior to issue of the Construction Certificate detailing energy authority requirements.

The Accredited Certifier must be satisfied that the requirements of energy authority have been met prior to issue of the Construction Certificate.

Standard Condition: G4

H. Conditions which must be satisfied prior to the issue of any Final Occupation Certificate (s109(1)(c)

H.1 Road Works (including footpaths)

The following works must be completed to the satisfaction of Council, in compliance with Council’s “Specification for Roadworks, Drainage and Miscellaneous Works” dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor’s or owner’s expense:

a. stormwater pipes, pits and connections to public stormwater systems within the road ;
b. driveways and vehicular crossings within the road ;
c. removal of redundant driveways and vehicular crossings;
d. new footpaths within the road ;
e. new or replacement street trees;
f. new footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street.
g. new or reinstated kerb and guttering within the road ; and
h. new or reinstated road surface pavement within the road .

Note : Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from Council’s website or obtained from Council’s customer service centre.

Standard Condition: H13

H.2 Positive Covenant & Works-As-Executed certification of stormwater systems

professional engineer

PCA

Conveyancing Act

Note : The required wording of the Instrument can be downloaded from Council’s web site . The PCA must supply a copy of the WAE Plans to Council together with the Final Occupation Certificate . The Final Occupation Certificate must not be issued until this condition has been satisfied.
Standard Condition: H20

I. Conditions which must be satisfied during the ongoing use of the development

I.1 Maintenance of Landscaping

All landscaping must be maintained in general accordance with this consent.

This condition does not prohibit the planting of additional trees or shrubs subject that they are native species endemic to the immediate locality.

Reason : This condition has been imposed to ensure that the landscaping design intent is not eroded over time by the removal of landscaping or inappropriate exotic planting.

Note

I.2 Outdoor lighting – Residential

Outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting. The maximum luminous intensity from each luminare must not exceed the level 1 control relevant under table 2.2 of AS 4282. The maximum illuminance and the threshold limits must be in accordance with table 2.1 of AS 4282.

Reason : This condition has been imposed to protect the amenity of neighbours and limit the obtrusive effects of outdoor lighting in public places.

Note

I.3 Noise from mechanical plant and equipment

Noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest lot boundary of the site. Where noise sensitive receivers are located within the site, noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest strata, stratum or community title boundary.

Reason : This condition has been imposed to protect the amenity of the neighbourhood.

Note

NSW Industrial Noise Policy

)
ISBN 0 7313 2715 2, dated January 2000, and
Noise Guide for Local Government ( )
ISBN 1741370671, dated December 2004.

Standard Condition: I53

I.4 Swimming and Spa Pools – Maintenance

Swimming Pools Act

· before 8 am or after 8 pm on any Sunday or public holiday, or
· before 7 am or after 8 pm on any other day.

Note : Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems require regular maintenance to ensure that life safety, health and amenity standards are maintained.

Note

Standard Condition: I13

I.5 On-going maintenance of the on-site-detention system and stormwater treatment unit

The Owner(s) must in accordance with this condition and any positive covenant:
a. permit stormwater to be temporarily detained by the system;
b. keep the system clean and free of silt rubbish and debris;
c. if the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain;
d. maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;
e. carry out the matters referred to in paragraphs (b) and (c) at the Owners expense;
f. not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly;
g. permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant;
h. comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice;
i. where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations;

Reason: This condition has been imposed to ensure that owners are aware of require maintenance requirements for their stormwater systems.

Note

Standard Condition: I12

___________________________________
K G Hoffman,
Acting Commissioner of the Court
kgh/ljr

06/05/2009 - See final orders issued 5/5/09 - Paragraph(s) conditions

CITATION:	Small v Woollahra Municipal Council [2008] NSWLEC 1239 This decision has been amended. Please see the end of the judgment for a list of the amendments.
PARTIES:	APPLICANT Andrew Small RESPONDENT Woollahra Municipal Council
FILE NUMBER(S):	11102 of 2007
CORAM:	Hoffman C
KEY ISSUES:	Development Application :- stormwater drainage, sewer, frontage, parking, privacy, bulk, overland flooding, landscaping, zoning
LEGISLATION CITED:	Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995
DATES OF HEARING:	21/05/2008; 22/05/2008;
EX TEMPORE JUDGMENT DATE:	22 May 2008
LEGAL REPRESENTATIVES:	APPLICANT Mr S. Griffiths, solicitor Ms N. Lowe, solicitor Instructed by R.V Vickers of Pike Pike & Fenwick RESPONDENT Ms J. Hewitt, solicitor and Mr T. Davis, solicitor of HWL Ebsworth

Reference	Description	Author/Drawn	Date(s)
2007 / 013 / DA01 – 2007 / 013 / DA04 and 2007 / 013 / DA06 – DA 07 DA01 2007-013-DA05	Architectural Plans	14/02/08 13/07/2007
Flooding and Overland Flow	Patterson Britton & Partners P/L	06/09/06
19373ZRpt	Geotechnical Report	Jeffery & Katauskas P/L	21/04/05
5015-01 & 5015-02 (Issue D)	Landscape Plans	Peter Glass	21/2/2008
Arborists Report	Apex Tree & Garden	11/12/2007
CK20.02, (Issue C)	Stormwater Management Plan for easement	Acor Consultants	20/02/08
C1.01 (Issue C)	Stormwater Management Plan	Acor Consultants	15/04/2008
07317	Assessment of Access and Parking	Traffic & Transport Planning Assoc	December 2007

Description	Amount	Indexed	Council Fee Code
LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986
Long Service Levy Use Calculator:	Contact LSL Corporation or use their online calculator	No
SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979
Property Damage Security Deposit - Making good any damage caused to any property of the Council as a consequence of the doing of anything to which the consent relates.	$24 000	No	T115
Infrastructure Works Bond -Completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with the consent.	$16,600	No	T112
DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2005 This plan may be inspected at Woollahra Council or downloaded from our website .
Development Levy (S94A)	$11,000 + Index Amount	Yes, quarterly	T96
INSPECTION FEES under section 608 of the Local Government Act 1993
Public Road and Footpath Infrastructure Inspection Fee	$363.25	No	T45
Security Administration Fee	$168	No	T16
TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES	$52 131.25 Plus any relevant indexed amounts and long service levy