Smith v Yass Valley Council

Case •

[2010] NSWLEC 1157

•

28 June 2010

No judgment structure available for this case.

Land and Environment Court


of New South Wales


CITATION: Smith v Yass Valley Council [2010] NSWLEC 1157
PARTIES:

APPLICANT
Stephen John Smith

RESPONDENT
Yass Valley Council
FILE NUMBER(S): 10024 of 2010
CORAM: Dixon C
KEY ISSUES: APPEAL - SUBDIVISION :- Consent Orders
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Yass Local Environmental Plan 1987
Yass Shire Council Community Consultation Development Control Plan
Multi Unit Residential Development Control Plan
DATES OF HEARING: 19 April 2010
 
DATE OF JUDGMENT: 
28 June 2010
LEGAL REPRESENTATIVES:

APPLICANT
Mr S J Smith (litigant in person)

RESPONDENT
Mr A Bradbury (solicitor)
SOLICITOR
Williams Love Nicol Lawyers

JUDGMENT:

      THE LAND AND
      ENVIRONMENT Court
      OF NEW SOUTH WALES

      Dixon C

      28 June 2010

      10024 of 2010 Stephen John Smith v Yass Valley Council

      JUDGMENT

1 The applicant seeks development consent to subdivide land at Lot 8 DP 1095474 12 Rossi Street, Yass into two allotments and to vary Council’s Road Standards Policy to enable the creation of a right of way to access the site.

2 The Council consents to this application and the parties request the Court make consent orders, which grant development consent subject to conditions.

3 In determining whether to make the proposed consent orders, the Court must consider the relevant matters in section 79C of the Environmental Planning and Assessment Act 1979 (the Act) including any objection made to the application. For that reason, at the request of the parties, the hearing on 19 April 2009 was conducted onsite so that the Court could view the site and surrounding area and hear any oral evidence from the objectors attending the hearing.

4 Following a consideration of the evidence, including the oral and written objections to the application, and the relevant matters under section 79C of the Act, I have decided to make the consent orders and approve this subdivision subject to agreed conditions. The reasons for my decision are set out below.

Background

5 At the outset, I will deal with the two preliminary matters raised onsite by the residents: late notice of the consent orders hearing, and council’s decision not to defend the appeal and enter into consent orders to approve the application subject to conditions.

6 With respect to how the matter came to be listed as consent orders hearing, the general manger of the council, Mr Rowe, offered explanation. He said, that, although the Councillors in December 2009 had refused the application, council had, after consideration of recent legal advice about the merits of defending this appeal, resolved to enter into consent orders to approve the application subject to conditions. As a consequence of that decision the only remaining issues for the appeal were the objections raised by the residents. Therefore, at the request of the parties, the Court listed the matter onsite in order to give any objector an opportunity to orally address the Court about any matter raised in their written objections.

7 The matter was conducted onsite with the co-operation of the parties and the resident objectors and council’s solicitor took notes of the evidence. Those notes were forwarded to the Court the next day. I have read the notes, which generally accord with my record and recollection of the evidence taken at the hearing.

8 With respect to the issue of notification, I accept the evidence of the council that its development control plan for community consultation, Yass Shire Council Community Consultation (DCP) applies to this application and the application was notified in accordance with the provisions of the DCP. As a consequence of that notification Council received seven submissions in respect to the application and those objections are included in council’s bundle of documents (exhibit 1). Furthermore, in accordance with paragraph 36 of the Court's Practice Note for Class 1 Appeals, each of the objectors has been informed of:

          (a) the content of the proposed orders (including the proposed conditions of consent);
          (b) the date of the hearing by the Court to consider making the proposed consent orders; and
          (c) the opportunity for any such person to be heard.

9 A copy of the letter sent to each of the objectors is contained at pages 78 to 96 of the bundle of documents (exhibit 1).

10 Despite compliance with the Court’s Practice Note in respect of notification, at the onsite hearing I arranged for a copy of the consent orders and conditions to be available during the hearing and short adjournment for inspection by any person at the hearing.

11 I have read the written objections contained in council’s bundle of documents that were expanded upon by the oral evidence of some residents and/or their representatives during the hearing. Based on the above, I am satisfied that the notification to objectors in respect of this application has been reasonable and in accordance with the council’s policy and the Court’s Practice Note. Furthermore, I am satisfied that the residents attending the hearing were afforded a fair and reasonable opportunity to read and understand the proposed consent orders before explaining to me their concerns and objections to this application.

The proposal

12 The statement of facts and contentions filed by the parties on 14 April 2010 (exhibit E) sets out the relevant background to the development of this site and the issues raised by this application.

13 The proposed development consists of the subdivision of Lot 8 into two allotments of land 700 m2 and 817 m2 in respective size.

14 Access to proposed Lot I will be via a new Right of Carriage Way to be created via a battle-axe handle on proposed Lot 2. Access to proposed Lot 2 will be directly off Rossi Street.

The site

15 The site is known as 12 Rossi Street, Yass. The land comprises Lot 8 in DP 1095474 and is 1517 m2 in area. The site is located in Rossi Street approximately 80m from the intersection of Pritchett Street and Rossi Street. The site is rectangular in shape and an existing dwelling house with a shed/garage is located on proposed Lot 1.

16 The site falls from the southeast to northwest with existing drainage being directed toward Council's stormwater system.

17 The site is located in an area identified as bush fire prone under the Council's Bushfire Prone Land Mapping prepared by the NSW Rural Fire Service.

18 The site is located in an area that is surrounded by residential development. The adjoining properties are residential allotments and are of the following sizes:

          (a) the allotments opposite the site have areas ranging between 631 m 2 and 3,587m 2 ;
          (b) the neighbouring allotments to the east of the site enjoy areas ranging between 522 m 2 and 1,546 m 2 ;
          (c) the adjoining allotments to the west of the site have areas that vary between 702 m 2 and 1,118 m 2 ;
          (d) the allotment that abuts to the southern boundary of the site has an area of 6,269 m 2 .

The statutory controls

19 The land is within Zone No. 2(a) Residential under the under Yass Local Environmental Plan 1987 (YLEP 1987).

20 The following provisions of the YLEP 1987 are relevant:

          (a) Clause 2 - Aims, objectives etc;
          (b) Clause 9 - Zone objectives and development control table;
          (c) Clause 10 -General (Subdivision); and (d) Clause 22 - Provision of services.

21 The Yass Shire Council Community Consultation Development Control Plan (DCP) applies to land within Zone No. 2(a) Residential under the under YLEP 1987.

22 The following provisions of the DCP are relevant:

          (a) Community consultation provisions;
          (b) Notification provisions; and
          (c) Inspection of development applications provisions.

23 The Road Standards Policy RD-POL-9 (Road Policy) applies to land within Zone No. 2(a) Residential under the under YLEP 1987.

24 The following provisions of the Road Policy are relevant: (a) Clause 1 - Right of Carriageway Access; and (b) Clause 2 - Battle-Axe Handle Access.

25 The Multi Unit Residential Development Control Plan (Unit DCP) applies to land within Zone No. 2(a) Residential under the under YLEP 1987.

26 Clause 6 (Vehicular Access) of the Unit DCP is relevant to the development.

27 The Minimum Lot Size Policy DA-POL-15 applies to land within Zone No. 2(a) Residential under the under YLEP 1987.

28 Clause 3 (minimum lot sizes) of the Minimum Lot Size Policy is relevant to the development.

Actions of the council

29 The development application (DA No. 5.2009.303.1) was lodged by the Applicant with the Council on 16 October 2009.

30 Notice of the development application was given to adjoining owners on 28 October 2009 and invited comments up to 18 November 2009.

31 Seven submissions were received by the council. Issues raised by the objectors included the following:

          (a) the proposed development would set a precedent for subdivision of land and that proposed development would create a housing density, which would be against the character and best interests of the neighbourhood.
          (b) a house being built at the rear of 12 Rossi Street would devalue other properties. (c) there will be a loss of privacy of the back yard of adjoining allotments.
          (d) the plan of subdivision does not include an accurate representation of the existing house on Lot 1: specifically it does not indicate the distance between the existing house and boundary of the driveway. Further, concerns have been raised as to the safety of the proposed driveway as the only pedestrian route is also the main vehicular route.
          (e) concerns about the adequacy of the proposed right of carriageway as the sole means of access to proposed lot 2.The development application (DA No 5.2009.303.1) seeks consent to subdivide the site into 2 residential lots. Lot 1 will have an allotment size of 700m2 and Lot 2 (at the rear of the site) will have allotment size of 817m2.

Council’s Section 79C assessment

32 Before deciding to enter into consent orders, council submits that it carried out a detailed merit assessment of the application under section 79C of the Act and refers me to the summary of that assessment in the report to council’s meeting held on 16 December 2009 prepared by Muzaffar Rubbani Director of Planning and Environmental Services Report, (79C assessment report), (16 December 2009) at 9 – 51 of council’s bundle of documents (exhibit 1). I have read and considered council’s (79C assessment report), which recommends approval of this application subject to conditions. The report deals with the following matters.

Yass Local Environmental Plan 1987

33 The site is within Zone 2(a) Residential under the Yass Local Environmental Plan 1987 (YLEP) and in council’s assessment this subdivision is permissible because it satisfies clause 9(3) of the YLEP as it is consistent with the objective of the zone namely; ” to set aside certain land for housing within acceptable living areas of the Shire of Yass.” (79C assessment report) at 13.

34 Furthermore, according to council’s assessment the application complies with clause 3.1.1(a) of the Minimum Lot Size-Residential and DA-POL015 Village Zone Policy (9 September 2009) because the lots created are above the minimum allotment size of 700m2.

35 It is council’s assessment that this application has made adequate arrangements for the provision of vehicle access, electricity, water, landscaping and sewerage/drainage infrastructure to the proposed allotments.” (79C assessment report) at 13 and therefore, clause 22 of the YLEP is satisfied it provides: “The council shall not consent to the carrying out of any development on any allotment of land unless it is satisfied that adequate arrangements have been made for the provision of vehicle access, electricity, water, landscaping, sewerage and drainage facilities to the allotment.”

36 The application was referred to the NSW Rural Fire Service and they raised no objection to the approval of the application and granted a Bushfire Safety Authority subject to conditions. Several conditions are included in the draft consent orders to address bushfire concerns. These are conditions 9 and 10 in Part A and conditions 21, 22 and 23 in Part E.

37 The proposed development does not comply with the Council's Road Standards Policy RD-POL-9 (copy at pages 150 to 156 of bundle of documents). That policy requires a right of way providing access to 2 properties to have a dedicated width of 8.5 metres and a pavement width of 4.5 metres. The proposed development will have a right of carriageway with a dedicated width of 3.8 metres. A detailed consideration of the non-compliance of the development application with that policy is contained in the Section 79C Report at page 16 of the bundle of documents. The non-compliance is not considered sufficient to warrant refusal of the application.

Objector Evidence

38 I have considered carefully the written objections against this application and the oral evidence of the residents or their representatives’ who addressed me onsite. As described, I tried to explain at the hearing council has agreed to the subdivision subject to conditions after a section 79C merit assessment including a consideration of the resident objections. The Court has no planning evidence, which supports a refusal of this application and has in fact been invited by council to approve this two lot subdivision subject to conditions. The planning evidence is that the development is permissible and complies with council’s controls. The variation to the road policy concerning the width of the driveway is justified and acceptable according to the planning evidence before the Court.

39 Discussion about planning strategies independent of the relevant controls is academic for the purposes of this application. The council has recently adopted planning controls that allow a subdivision pattern consistent with this application. The Court while able to appreciate the objectors’ concerns that such controls do not reflect the community view, can no nothing more than apply the relevant law. Changing that law is a matter outside the reach of the Court’s merit appeal jurisdiction.

40 While I appreciate, that the residents who addressed me do not want their local community and its existing subdivision pattern to change and that they believe that an intensification of land use through subdivision of this size will result in a loss of their amenity and a fundamental adverse change to their community I have no relevant planning evidence to rely upon to refuse this application on the basis of its merits.

41 Based on the above, I accept council’s merit assessment including a consideration of the objectors’ evidence that the proposed development complies with the relevant provisions of the LEP and is considered to be in keeping with the surrounding residential development. The site is suitable for the proposed development and is capable of being developed in the manner proposed without causing an unreasonable impact on adjoining properties.

42 The objectors’ concern about their amenity in the event of further development on each lot is premature and not a relevant consideration in this appeal because this proposal complies with council’s minimum lot size control and based on the evidence on a merit assessment is acceptable. Any future development of each lot requiring consent will be notified and subject to an assessment under the relevant planning controls at that time including an assessment of any amenity impacts on the neighbours.

43 The applicant and respondent have reached agreement on consent orders providing for the grant of development consent subject to conditions and following a consideration of the merit assessment under section 79C and the written and oral objections to this application. I find no reason not to make the consent orders agreed by the parties.

44 The Court makes the following orders:

      1. The appeal is upheld.
      2. Development consent for the subdivision of Lot 8 DP 1095474(known as 12 Rossi Street, Yass) into 2 allotments, generally in accordance with the plan forming part of Development Application 5.2009.303.1 is granted subject to conditions set out in Annexure A.
      3. The Exhibits except A, are returned.

___________________

      Susan Dixon
      Commissioner of the Court
      ljr


Annexure ‘A’


Conditions of Consent

Stephen John Smith v Yass Valley Council


Property:

Lot 8 in DP 1095474, 12 Rossi Street, Yass.


PART A - GENERAL CONDITIONS

(1) Consent is granted in accordance 'with the plan(s) and details submitted to Council with the Development Application. The plan and details have been stamped and attached to this consent. The development shall be carried out in accordance with the stamped plans or as modified by these conditions.


(2) This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval.


(3) A Construction Certificate, as defined by the Environmental Planning and Assessment Act 1979, shall be obtained for all engineering works prior to any works commencing on site. Council's fee for providing a Construction Certificate is levied in accordance with Council's Management Plan relevant at the time of payment. Note: This will require a form to be filled out and submitted to Council to facilitate the issuing of the Engineering Construction Certificate.


(4) All engineering works shall be constructed in accordance with Yass Valley Council Road Standard Policy (RD-POL-09) and Council's Design and Construction Specification - Ausspec#1, as modified by Council's "Ausspec Addendum" current at the time of the Construction Certificate being issued.


(5) Subdivision work shall not be commenced until the person having the benefit of this development consent provides at least two (2) days notice to Council of their intention to commence subdivision work.


(6) The developer at no cost to Council shall make any necessary alteration, relocation or enlargement to public utilities whether caused directly or indirectly by the proposed subdivision.


(7) Hours of construction are to be restricted to 7:00 a.m. to 6:00 p.m. Monday to Friday and 8:00 a.m. to 1:00 p.m. Saturdays, with no work/activities on Sundays or public holidays.


(8) All construction work shall comply with the provisions of the Protection of the Environment Operations Act 1997.


(9) Water, electricity and gas are to comply with section 4.1.3 of `Planning for Bush Fire Protection 2006'.


(10) Public road access shall comply with section 4.1.3(2) of `Planning for Bush Fire Protection 2006'.


(11) The boundary of proposed Lot 2 is to be located no closer than 900 mm to the existing dwelling on proposed Lot 1.


(1) Engineering Inspections shall be undertaken at the following stages of construction:

  • Completion of property access and RoW
  • Completion of water main and service connections
  • Completion of stormwater drainage lines
  • Installation of sewer drainage connections to Council's main
  • Completion of sewer main and lot sewer ties.

(2) If Council is selected as the Principal Certifying Authority for engineering works, the fee per inspection shall be levied in accordance with Council's Management Plan, relevant at the time of payment.



(1) Engineering drawings for the provision of access to each allotment in accordance with Council's Design and Construction Specification - Ausspec#1, shall be submitted to Council's Engineering Department for approval.


(2) Engineering drawings associated with the drainage of sewer in accordance with Council's Design and Construction Specification - Ausspec#1, shall be submitted to Council's Engineering Department for approval.


(3) Engineering drawings associated with the drainage of stormwater in accordance with Council's Design and Construction Specification - Ausspec#1, shall be submitted to Council's Engineering Department for approval.


(4) Engineering drawings associated with the supply of water in accordance with Council's Design and Construction Specification - Ausspec#1, shall be submitted to Council's Engineering Department for approval.


(5) A Design Certification Report as per Council's Design Specification - AusSpec #1, Annexure DQS-A, shall be submitted to Council. This shall provide evidence that qualified designers have designed each component of the engineering works for the development.


(6) An erosion control bond of $2,000 shall be lodged with Council.


The bond shall be refunded at the completion of the project subject to the erosion control measures being satisfactorily maintained onsite during the construction and revegetation phases. In the event that Council considers that ineffective or insufficient measures are being taken to control wind or water erosion or sediment loss from the site, the bond may be used to construct such structures as deemed necessary.



(1) An inspection and test plan for engineering works as per CQS-14 of Council's Construction Specification - Ausspec#1, as modified by Council's "Ausspec Addendum" current at the time of the issuing of the Construction Certificate, shall be submitted to Council's Engineering Department for approval.


(2) A Soil and Water Management Plan in accordance with Council's Design and Construction Specification - Ausspec#1 as modified by Council's "Ausspec Addendum" current at the time of the issuing of the Construction Certificate, shall be submitted to Council's Engineering Department for approval. The plan will include construction techniques to minimise site disturbance and the potential for soil erosion by wind or water, erosion control on any watercourse on the property, revegetation of disturbed areas and any other matters that are deemed necessary by Council. Note: An indicative plan may be prepared to complement the design plans, however, the final plan for approval shall be prepared in consultation with the construction contractor.


(3) The driveway works contractors shall be recognised by Council as an "Approved Contractor" for such works.


(4) A sign shall be displayed in a prominent position on any site on which building, work, subdivision work or demolition work is being carried out.


The sign must list the following details:


· The name, address and telephone number of the Principal Certifying Authority; and


· The name of the Principal Contractor and an afterhours telephone number; and


· That unauthorised entry to the site is prohibited.


The sign must be maintained while the building work, subdivision work or demolition work is being carried out and removed upon completion.



(1) In accordance with Section 94 of the Environmental Planning & Assessment Act 1979 and the Yass Valley Council Section 94 Contribution Plan 2004, a monetary contribution shall be paid to Council prior to the issue of the Subdivision Certificate. The services and facilities for which the contributions are levied and the respective amounts payable are:


Open Space $2,147.75


Community Facilities $1,667.17


Traffic Management $1,524.78 ‘


Administration $ 593.30



The applicable contribution rate is reviewed annually and new rates, if applicable, will become payable from 1 July each year in accordance with Council's Management Plan. All contributions shall be paid at the rate determined at the most recent review.


(2) A levy under the Building and Construction Industry Long Service Payments Act 1986, equivalent to 0.35% of the value of the works, shall be paid to Council, where the value of such works is greater than $25000.00.


(3) One complete set of "Work as Executed" (WAE) drawings indicating all details of new engineering works constructed, shall be submitted to Council; and WAE drawings shall also be supplied to Council in a format compatible with AutoCAD LT 2006; and Electronic data for the WAE shall be provided to Council in a format compatible with electronic linkage to Maplnfo Professional Version 9.5, in accordance with the following table:

Location Depth Size Material Easement Easement Notes
Water Yes Yes Yes Yes Yes
Sewer Yes Yes Yes Yes Yes Yes Grade, Pits
Stormwater Yes Yes Yes Yes Yes Yes Grade, Pits
Gas Yes Yes Yes
Telstra Yes Yes Yes
Electricity Yes Yes Yes Height at road C/L
Survey PM Yes Marker No. AHD

(4) A bank guarantee or cash bond equivalent to 5% of the value of the whole of the engineering works, shall be lodged with Council. This shall be held for a period of twelve months from the later of the date of gazettal of the subdivision or the practical completion of the engineering works;


(5) The access right of carriageway, from the road to the adjoining boundary of each allotment created by the subdivision, shall be upgraded/constructed to the following minimum standard:


Minimum constructed width of 3 metres

  • Maximum of 6 metres wide at the edge of road pavement;
  • Minimum of 100 mm thick approved gravel (50 mm if concrete covered);
  • Two coat bitumen seal or 100 mm thick concrete (25 MPA with F72 mesh), or similar all weather pavement
  • The surrounding soil shall be made flush with the new driveway and reseeded.
  • The finished surface of the earthworks for the driveway shall be graded to a maximum of 1 in 4.
  • Any damage to Council's road caused by the construction to be repaired.

(6) A Certificate of Compliance under section 305 of the Water Management Act 2000 shall be obtained, in relation to augmentation of Council's water supply system;


The fee for the Certificate of Compliance under Section 305 of the Water Management Act 2000, with regard to water service augmentation, is $9,463.00 being the total for 1 unit increases in demand, calculated on a base rate of $9,463.00 per unit. It should be noted that:

  • The base rate utilised above was the rate applicable at the time the application was determined;
  • The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined;
  • The base rate per connection may vary over time;
  • Compliance under Section 305 does not include the physical installation of any infrastructure.

(7) A Certificate of Compliance under section 305 of the Water Management Act 2000 shall be obtained, in relation to augmentation of Council's sewerage system;


The fee for the Certificate of Compliance under Section 305 of the Water Management Act 2000, with regard to sewerage system augmentation, is $4,635.00 being the total for 1 unit increase(s) in demand, calculated on a base rate of $4,635.00 per unit. It should be noted that:

  • the base rate utilised above was the rate applicable at the time the application was determined.
  • the amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined.
  • the base rate per connection may vary over time.
  • compliance under Section 305 does not include the physical installation of any infrastructure.

(8) A separate water service and meter shall be installed for proposed Lot 2. Meter shall be installed within carriage way near Rossi Street.


(9) A water service main (connection) shall be installed from the Council main to a point inside the front boundary of each allotment created within the subdivision.


Note:

if the Council main is existing and currently in use (i.e. a "live" main') Council must undertake the works. An application can be made by contacting Operations Department on 02 6226 9248.


(10) A new sewer tie shall be installed within carriage way. Property sewer main for proposed Lot 2 shall be laid along carriage way with 150mm upvc at a grade (SN 4 or SN 8) of 1:100 minimum.


(11) Not used.


(12) The applicant shall confirm by survey that the formation and associated batters and drainage structures of Rossi Street along the frontage of the subject property is within the road reserve. Where the existing road is within the subject land, the applicant shall ensure that the legal and physical attributes coincide by adjustment of the road reserve. The applicants request for a Subdivision Certificate shall include specific reference to the review and whether or not adjustment of the road reserve is necessary;


(13) An overland flow path to accommodate the discharge from a 1 in 100 year storm event shall be provided;


(14) Written confirmation being provided from Country Energy that suitable arrangements for the supply of electricity have been made, shall be submitted to Council prior to the release of the final survey plan;


(15) Evidence from a Telecommunication Service provider that satisfactory arrangements have been made for the provision of telephone cables to each allotment shall be submitted to Council;


(16) Each allotment within the subdivision is required to have its own house sewerage connection;


(17) Arrange for the creation of easements on the Plan of Survey, centred on any existing or new power lines / cables passing through private property;


(18) Arrange for the creation of easements on the Plan of Survey, centred on any existing or new stormwater drainage passing through private property;


(19) Arrange for the creation of easements on the Plan of Survey centred on any existing or new sewer mains passing through private property;


(20) A Constructed Asset Information shall be supplied for all assets dedicated to Council. The required information shall include:


(a) Stormwater Drainage


(i) Pipe type, length and cost;


(ii) Pit type, number and cost;


(iii) Headwalls, number and cost;


(iv) Rockwork area and cost;


(v) Stormwater quality improvement features, type, number and component costs.


(b) Sewerage Infrastructure


(i) Pipe type, length and cost;


(ii) Pit type, number and cost;


(iii) Pump well type and cost;


(iv) Electrical and Control equipment type and cost;


(v) Back up generator type and cost;


(vi) Monitoring equipment type and cost.


(c) Water Supply Infrastructure


(i) Pipe type, length and cost;


(ii) Valve type, number and cost;


(iii) Hydrant type, number and cost;


(d) Other Assets


(i) Description, dimensions and cost.


(21) The entire property shall be managed as an Inner Protection Area (IPA) as outlined within section 4.1.3 and Appendix 5 of `Planning for Bush Fire Protection 2006' and the NSW Rural Fire Services' document `Standards for Asset Protection Zones'.


(22) A restriction to user under Section 88E of the Conveyancing Act 1919 shall be created on proposed Lot 2 that requires installation of a water tank of not less than(f) a copy of any relevant compliance certificates, letters from authorities and receipts for payment of any fees/contributions;


(g) a copy of detailed subdivision engineering plans, where relevant;


(h) evidence that the applicant has complied with all conditions of consent that it


is required to comply with before a subdivision certificate can be issued;


(i) for subdivision involving subdivision work, evidence that the work has been completed, or


(1) agreement has been reached with the relevant consent authority as to payment of the cost of work and as to the time for carrying out the work, or


(2) agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work


Q) the relevant fee payment at the date of issue of this consent the fee for a subdivision creating up to 5 lots is currently $ 250.00. Where greater than 5 lots are created, the current fee is $ 500.00.


(25) The Subdivision Certificate will not be issued until all conditions of this Consent have been complied with and all Compliance Certificates have been issued in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Regulation 2000;


NOTES ACCOMPANYING DEVELOPMENT CONSENT NO. 5.2009.303.1

(1) This approval is for subdivision only. Further development consent is required for any proposed dwelling house or other permissible use, as prescribed in the relevant Environmental Planning Instruments of Council;


(2) The Occupational Health & Safety Act, 2000, the Occupational Health & Safety Regulation, 2001 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by Workcover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.


All persons undertaking work in connection with this consent should ensure that all required risk control measures and procedures are complied with.

_____________________




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