Solotel Pty Ltd v Waverley Council
[2009] NSWLEC 1172
•21 May 2009
Land and Environment Court
of New South Wales
CITATION: Solotel Pty Ltd v Waverley Council [2009] NSWLEC 1172 PARTIES: APPLICANT
RESPONDENT
Solotel Pty Ltd
Waverley CouncilFILE NUMBER(S): 11146 of 2008 CORAM: Murrell C KEY ISSUES: DEVELOPMENT APPLICATION :- Alterations and additions to an existing hotel, impact of noise on residential amenity, management practices and heritage impacts. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 DATES OF HEARING: 18 February 2009, 17 March 2009 and 21 May 2009 EX TEMPORE JUDGMENT DATE: 21 May 2009 LEGAL REPRESENTATIVES: APPLICANT
Mr P. Clay (Barrister)
SOLICITORS
PH LegalRESPONDENT
Mr M Staunton (Barrister)
SOLICITOR
Wilshire Webb Staunton Beattie Lawyers
JUDGMENT:
THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALESMurrell C
21 May 2009
JUDGMENT11146 of 2008 Solotel Pty Ltd v Waverley Council
1 The applicant in these proceedings is seeking to undertake alterations and additions to an existing hotel known as the ‘Robin Hood Hotel’ located at the major intersection at Charring Cross.
2 The triangular corner site is known as No’s 203-209 Bronte Road and is occupied by a two storey hotel constructed of blonde brick in the inter-war art deco style. Many of the buildings within the vicinity, including the subject building are heritage items of a similar scale from the inter-war period and earlier.
3 The site is on the intersection of Bronte Road, Carrington Road and Victoria Street. The building is built to the boundary and has a curvilinear presentation to the intersection.
4 The proposal is to convert the drying area at the upper level to form an outdoor deck at the first floor with alterations to the ground floor façade and other internal renovations.
5 The application was advertised and a number of resident objectors made submissions.
6 By way of background, this matter commenced on site as a s 34 conciliation conference however, at that time no agreement could be reached and further reports were required by the experts. The parties consented to the Court determining the matter under s 34(4) of the Court Act subject to a further hearing.
7 This morning the Court met on site with the parties who agreed to enter into consent orders.
8 Joint reports were prepared by the heritage experts, Mr Lumby on behalf of the council and Mr Oultram for the applicant. The heritage experts did not agree with the alterations proposed to the corner of the building. The applicant has agreed to delete the alterations to this part of the fabric of the heritage building and as such this resolves the heritage matters between the parties.
9 A joint fire safety report was also submitted and Mr Majistrale participated on behalf of the council and Mr Shestopal and Mr Protas participated on behalf of applicant. It was agreed by the fine BCA experts that the proposed development was satisfactory subject to a number of conditions agreed to.
10 Council is satisfied that with the deletion of the change to the original fabric for the corner portion of the heritage item and subject to a number of conditions being proposed on the approval that consent should be granted. The conditions proposed today by the respondent are agreed to by the applicant. These conditions require a Plan of Management and noise monitoring to be carried out by an independent expert. The applicant has also agreed to establish a community liaison committee to meet on a bi-monthly basis to provide the residents the opportunity to make management aware of any concerns they may experience.
11 Two residents attended the Hearing this morning, Ms McAlpin of Carrington Street expressed concern about a complaints process and the managers ability to uphold conditions and train staff. Mr Porteous of Carrington Road also expressed concern about the ability of the hotel management to uphold the conditions and for the conditions to be taken seriously.
12 A letter of objection was received by Ms Hope of the Charring Cross Committee. She expressed concern about the importance of maintaining the heritage significance of the building and also supported the residents in their concerns about residential amenity.
13 With the conditions proposed and accepted by the applicant, in particular with respect to noise monitoring and residential amenity in the vicinity of the premises, I am satisfied there is no reason as to why the Court should not issue the consent orders proposed by the parties.
14 Accordingly, by consent the Orders are:
- 1. The appeal is upheld in part.
2. Development Application No. 434/08 for alterations and additions including conversion of a drying area to an outdoor deck at first floor level, alterations to ground floor facade and internal renovation to the Robin Hood Hotel at 203-209 Bronte Road, Bronte is approved subject to the conditions contained in Annexure A.
___________________
- J S Murrell
Commissioner of the Court
ljr
Annexure ‘A’
Conditions of Consent
Solotel Pty Ltd vs Waverley Council
Schedule A – Approved Development
The development must be in accordance with:
(a) Architectural Plan No. 070810, DA 1, revision F dated 30 April 2009 and DA 2, revision F dated 30 March 2009 prepared by Feenstra and Associates Architects and other documentation received by Council on 31 July 2008,
(b) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP 2006
(c) The Plan of Management prepared by Design Collaborative a copy of which is attached to these conditions.
except where amended by the following conditions of consent;
The proposed new windows in the ground floor of the Hotel are not approved. The approved plans are to be amended to show that the proposed new windows are deleted and the existing façade is to be retained prior to the issue of a construction certificate.
Noise emissions from the licensed premises shall comply with the following:
(a) The LA10 noise level emitted from the licensed premises shall not exceed 5dB above the background (LA90) noise level in any Octave Band Centre Frequency (31.5Hz to 8KHz inclusive) between the hours of 7.00am and 12.00 midnight when assessed at the nearest affected residential boundary. The background noise level shall be measured in the absence of noise emitted from the licensed premises.
(b) The LA10 noise level emitted from the licensed premises shall not exceed the background (LA90) noise level in any Octave Band Frequency (31.5Hz to 8KHz inclusive) between the hours of 12.00 midnight and 7.00am when assessed at the nearest affected residential boundary. The background noise level shall be measured in the absence of noise emitted from the licensed premises.
NOTE: Where this condition is inconsistent with the requirements imposed by the Liquor Administration Board or Liquor Licensing Court, the more stringent conditions shall prevail.Notwithstanding compliance with the above clauses, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.
The Management shall ensure that patrons entering and leaving the premises do not detrimentally affect the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise and litter generated by patrons of the premises and shall ensure that patrons leave the vicinity of the premises in an orderly manner to the satisfaction of Council. If so directed by Council, the Management is to employ private security staff to ensure that this condition is complied with.
2. ACOUSTIC Compliance testING
(a) Subject to paragraphs (g) and (j) below the Hotel shall carry out acoustic compliance testing to assess noise emission from the licensed premises in accordance with the conditions of consent (both operational noise and mechanical plant noise) on two occasions in accordance with the following provisions of this condition.
(b) The acoustic compliance testing is to incorporate an evaluation of noise emission prior to midnight and after midnight with the upper outdoor deck operating at or near maximum capacity.
(c) The first testing shall take place within 60 days of the hotel commencing use of the upper outdoor deck. The second testing shall take place as soon as possible after the expiry of 180 days from the hotel commencing use of the upper outdoor deck.
(d) The compliance testing is to be carried out at the applicant’s expense and is to be undertaken by a suitably qualified acoustic or consulting engineer (approved by Council acting reasonably) who is independent of any acoustic engineers or firms involved in the development application or supervision of the construction at the subject hotel.
(e) The compliance testing shall be undertaken without notice to the hotel but with prior written notice to the Council of the time and date upon which the acoustic compliance testing is to take place. The Council or its consultant may attend and monitor the acoustic compliance testing. The applicant’s consultant may attend the monitoring provided that it is a term of engagement that such consultant does not advise the hotel as to when the testing is to be undertaken.
(f) A compliance report is to be provided to the Council within 7 days of the testing. The report shall provide details of when the testing was undertaken and by whom and details of the number of patrons within the various areas of the hotel at the time the testing was undertaken and details of what mechanical plant was in operation. The report must specify whether there is compliance or non compliance and any recommendations to be implemented to achieve compliance.
(g) If there are any matters of non-compliance with the conditions of consent, the hotel is required to implement any recommendations of the compliance report within 30 days of receipt of that report. A further compliance test shall be undertaken (in accordance with (e) above) to assess the effectiveness of the additional noise control measures and that report is to be provided to Council within 10 days of the further test.
(h) If there is non-compliance with conditions of consent prior to midnight then the use of the upper outdoor deck must cease at 10.00pm until such time as the consultant who prepared the compliance report certifies that the recommendations in the compliance report have been implemented.
(i) If there is non-compliance with conditions of consent after midnight then the use of the upper outdoor deck must cease at midnight until such time as the consultant who prepared the compliance report certifies that the recommendations in the compliance report have been implemented.
(j) Conditions (g), (h) and (i) continue to apply until such time as the acoustic compliance testing and the resulting compliance report certify that there is no non-compliance with conditions of consent.
3. Upper outdoor deck - modifications
a) An automatic closing mechanism is to be fitted to all doors opening from internal spaces in the hotel onto the upper outdoor deck.
b) Acoustic splitters must be installed (100mm wide and 750mm long [high]) over all open areas of the upper outdoor deck. Splitters are to be spaced at 465mm centres (ie creating a 75% open area) and are to be oriented parallel to Carrington Road. Metal facing to the splitters is to be perforated (minimum 20% open area).
c) The parapet, being 9mm thick fc sheeting, around the perimeter of the upper outdoor deck is to be at a height 1400mm above the top of the splitters. The inside of the parapet is to be lined with 50mm thick Tontine Acoustisorb 2 insulation (faced with perforated metal, minimum 20% open area).
d) The approved plans are to be amended to show the above modifications prior to the issue of a construction certificate.
4. Upper outdoor deck – Noise conditions
a) No more than 56 persons are permitted on the upper outdoor deck area at any one time.
b) The upper outdoor deck is to cease operation after 3am.
c) Background music only (no louder than 65dBL10) is permitted on the upper outdoor deck after midnight. Speakers on this deck are to be directional and positioned at a high level (below the line of the acoustic splitters) and angled downwards.
d) A microphone shall be installed in the upper outdoor deck area. The microphone is to be calibrated such that it can be fitted with an alarm to notify staff by SMS or other means that the noise levels in the upper outdoor deck are excessive (ie will be audible at nearby residences). Upon the happening of the alarm the hotel must take appropriate action to reduce noise including removing noisy patrons from the outdoor area.
a) Absorptive finishes (NRC of at least 0.65) must be used in the gaming room (to the wall behind the gaming machines and the underside of the ceiling over) and to walls of the lower outdoor deck.
b) The volume setting to the gaming machines in the smoking gaming lounge is to be adjusted such that they generate a noise level of no more than 62dB(A)L10 when measured at 1 metre from the machine.
c) The approved plans are to be amended to show the above modifications prior to the issue of a construction certificate.
6. SMOKING GAMING LOUNGE AND LOWER OUTDOOR DECK – NOISE CONDITIONS
a) There are to be no more than 15 persons on the lower outdoor deck area at any one time when the upper outdoor deck is in use.
b) The volume setting to the gaming machines in the smoking gaming lounge is to be adjusted such that they generate a noise level of no more than 62dB(A)L10 when measured at 1 metre from the machine.
c) Use of speakers is not permitted in the lower outdoor deck after midnight.
7. NOISE - Generald) Gaming machines are not to dispense coins into trays.
Noise emissions from existing and proposed mechanical plant must comply with DECC Industrial Noise Policy noise emission guidelines.
8. COMPLAINT PROCESS
8.1 An “Incident” includes:
(a) any complaint by any person about the operation of the hotel; or
(b) any event that may cause alarm or concern to residents or persons passing or in the vicinity of the hotel as a result of the conduct or act of any person identifiable as a patron of the hotel at that time.
8.2 The hotel must respond to any Incident in a sympathetic manner as soon as possible after the Incident is reported. The hotel must maintain a “Complaints Book” recording details of any Incident that occurs including the time of the Incident, a detailed description of the Incident and any actions taken by the management of the hotel in response to the Incident. All complaints must include the details of the person reporting the incident including a contact phone number so that management may follow up any complaint.
8.3 The Complaints Book is to have printed page numbers to ensure it is an accurate record of incidents at the hotel. The Complaints book shall be kept in a secure place on the premises.
8.4 The Complaints Book must be updated within 24 hours of any Incident. The Licensee must review and initial and date all entries made in the Complaints Book in his absence whenever he is next on the premises.
8.5 The Complaints Book must be made available to Waverley Council officers or the NSW Police for inspection upon request.
8.6 Complaints must remain in the Complaints Book for a minimum period of three years from the date of reporting.
8.7 The Licensee or a manager shall be available at all times during trading hours to deal with any Incident as to the operation and management of the premises. Any such Incident shall be dealt with as soon as possible.
8.8 In the event of an Incident of a serious nature, the managers must contact the Licensee immediately. For the avoidance of doubt an Incident is of a serious nature if it requires the intervention of the NSW Police or any emergency service.
8.9 If an Incident relates to noise, the Licensee or manager must:
(a) rectify the situation immediately.
(b) contact the individual who reported the Incident to verify that the problem has been addressed.
(c) take all reasonable steps to stop or reduce the source of the noise to prevent future occurrences.
8.10 The Licensee must review the Complaints Book monthly and where appropriate take action or amend any house rules so as to eliminate the possibility of the Incident recurring or to minimise the impacts of the incident should it recur.
9A RESIDENT MEETINGS8.11 In addition to the Complaints Book the Hotel will maintain a phone for resident contact. The current phone number is 9389 3477. The Hotel will place signage in and about the Hotel notifying this phone number (or any new number) as the relevant number to contact should any person have a concern with the management and operation of the Hotel or the behavior of patrons. The phone shall be answered during operating hours. The phone line must also have an answer phone to record any messages in case the phone call is missed or the hotel is not operating. Any missed call shall be returned as soon as possible and any message left after hours must be responded to the next business day.
9A.2 The Hotel will give at least 7 days prior notice of any meeting to be convened in accordance with 9A.1.9A.1 The hotel will convene meetings with local residents at least once every 3 months to discuss any matters arising from the operation of the Hotel.
9. SECTION 94A CONTRIBUTIONSCHEDULE B – COMPLIANCE PRIOR TO ISSUE OF
CONSTRUCTION CERTIFICATE
A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and the "Waverley Council Development Contributions Plan 2006” in accordance with the following:
(a) A cost report indicating the itemised cost of the development shall be completed and submitted to Council:
1. Where the total development cost is less than $500,000:2. Where the total development cost is $500,000 or more:
"Waverley Council Cost Summary Report"; or,
"Waverley Council Registered Quantity Surveyor's Detailed Cost Report".
A copy of the required format for the cost reports may be obtained from Waverley Council Chambers (First Floor) or downloaded from:
(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.
Waverley Council Development Contributions Plan 2006 may be inspected at Waverley Council Chambers, First Floor, Cnr Paul Street and Bondi Road, Bondi Junction.
10. CONSERVATION ARCHITECT
Advisory Note
- A development valued at $100,000 or less will be exempt from the levy.
- A development valued at $100,001 - $200,000 will attract a levy of 0.5%.
- A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the development.
A conservation architect is to be commissioned to work with the project team throughout design development, contract documentation and construction phases of the project. The conservation architect is to be used in the resolution of all matters where original fabric is to be subject to adaptive reuse, preservation, interpretation .and demolition. Evidence and details of the commission are to be provided to Council prior to commencement of work on site. The conservation architect must sign off on the completed project prior to the issue of an Occupation Certificate or the commencement of use, whichever is earlier.
11. ARCHIVAL RECORDING
An archival photographic recording of original interiors and fabric that are to be modified is to be prepared prior to the issue of a Construction Certificate and to the satisfaction of Council. The recording may be digital prepared in accordance with the NSW Heritage Office guidelines, Photographic Recording of Heritage Items Using Film or Digital Capture .
13. security deposit12. INTENTIONALLY OMITTED
This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.A deposit or guarantee satisfactory to Council for the amount of $10,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work.
14. DOORWAYS AND DOORS
15. ESSENTIAL SERVICES
The doorways and doors from the Outdoor Deck and internal exit stairs serving the first floor of the building are to swing in the direction of egress and be constructed in accordance with Clauses D2.19, NSW D2.19, D2.20, D2.21, NSW D2.21 & NSW D2.101 of the Building Code of Australia. The architectural plans are to be amended accordingly prior to issue of the Construction Certificate.
Details of the proposed, required and currently implemented essential fire safety measures/services shall be submitted to Council with the application for a Construction Certificate or be attached to the Construction Certificate, including a certificate, prepared by a person competent to do so, setting out the:(a) basis of design;
(c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts, hydraulic schematics etc and calculations shall be submitted.(b) standard to which the system is to be installed; and
At the completion of the installation, certification containing the following information shall be attached to the application for an Occupation Certificate or to the Occupation Certificate:
16. FIRE SAFETY UPGRADING WORKS
(a) Inspection, testing and commissioning details;
(b) date of inspection, testing and commissioning;
(d) a statement that the service has been designed, installed and is capable of operating to the above standard.(c) the name and address of the individual who carried out the test; and
17. FIRE SAFETY UPGRADING WORKS
All recommendations of the Fire Safety Study Report APC-62nn prepared by Dr Victor Shestapol of Fire Modelling and Computing dated February 2009 are to be implemented and certified.
The following Building Code of Australia fire safety upgrading works are to be undertaken in order to satisfy the provisions of Clauses 93 & 94 of the Environmental Planning and Assessment Regulation 2000:
b) All existing exit doors serving the building complying with Clause D2.21 of the Building Code of Australia, are to be provided with automatic hold open devices complying with Part D2 of the Building Code of Australia and signs complying with Clause D2.23 of the Building Code of Australia which state;
a) The main exit door from the south eastern Lobby to Bronte Road is to swing in the direction of egress and be constructed in accordance with Clauses D2.19, NSW D2.19, D2.20, D2.21, NSW D2.21 & NSW D2.101 of the Building Code of Australia and provided with a landing complying with the Building Code of Australia. The architectural plans are to be amended accordingly including details of a required landing complying with the Building Code of Australia and Council's Heritage requirements prior to issue of the Construction Certificate.
“ ATTENTION! - INWARD SWINGING FIRE SAFETY EXIT DOOR - DO NOT OBSTRUCT” .
c) An interconnected automatic smoke detection and alarm system is to be installed throughout the building which complies with the requirements of clauses 4, 6 & 7 of Specification E2.2a of the Building Code of Australia and Australian Standard 1670.1 & 3 -2004. Details being included with the Construction Certificate.
d) The openings in the walls bounding the new exit stair from first floor are to be infilled with construction having a fire resistance level of 60/60/60. Details are to be included with the Construction Certificate.
f) The existing electrical wiring system is to be inspected and upgraded if required so as to comply with AS 3000 and certification is to be provided by a licensed electrician.e) The walls and doors of the cool room are to be lined with a layer of fire rated plasterboard and painted with intumescent paint.
18. FIRE SEPARATION
The electrical installations serving the premises must be inspected by a suitably qualified electrician and certified. The certificate is to include the following:
i. That a visual examination of wiring, fittings and accessories was undertaken and were found to be in sound condition;
ii. That an insulation resistance test was undertaken pursuant to clause 1.5.2 of AS 3000 and was found to be satisfactory;
iii. That circuit protection devices used have been examined and found to be satisfactory pursuant to clause 2.4 of AS 3000.Certification is to be submitted to the Accredited Certifier prior to the issue of an Occupation Certificate.
19. EXTERNAL WORKS
Evidence of compliance with the Building Code of Australia is to be provided prior to the issue of a Construction Certificate.
Fire separation to and between the first floor Manager’s Flat, guest rooms, and between the Upstairs Lounge and the residential portion of the first floor of the building including the Guest Kitchen is to comply with the relevant Performance Requirements of the Building Code of Australia.
The external fabric of the existing building shall not be altered as a result of the required fire safety upgrading work without the express written consent of Waverley Council.
20. EMERGENCY EVACUATION
An emergency evacuation and training plan, which satisfies the requirements of AS 3745 (2002) is to be implemented in the premises. The plan is to include periodic practical training and instruction in fire protection and fire extinguishment, training in the evacuation of the building in the event of fire and the identification and reduction of fire hazards. The emergency evacuation and training plan is to be prepared by a suitably qualified building or fire safety consultant and details of the plan is to be included with the Construction Certificate.
21. CERTIFICATE OF ADEQUACY
A certificate of adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the additional loads of the proposed new works and required fire safety upgrading works is to be provided to Council and/or the Accredited Certifier prior to the issue of a Construction Certificate.
22. no building works prior to release of construction certificateThe building work, including demolition, must not be commenced until:
(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and
(c) Council is given at least two days Notice in writing of the intention to commence the building works.(b) a Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with Section 81A(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and
The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principal Certifying Authority.
23. hoarding required
Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.If required, hoarding designed and constructed in accordance with the requirements of the Work Cover Authority is to be erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings are to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate.
24. SITE WASTE AND RECYCLING MANAGEMENT PLAN
The builder and all subcontractors shall comply with the approved SWRMP (Part 1 and 2) at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction.A Site Waste and Recycling Management Plan (SWRMP) Checklist Part 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006, prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.
25. Construction Vehicle Plan of Management
A "Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site is to be submitted. Such plan is to address the hours of operation, the employees' vehicles, holding areas for vehicles wanting to access the site and truck works and provide a means of ensuring vehicular and pedestrian access to adjoining resident's properties for the duration of the works. The "Construction Vehicle Plan of Management" is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, remediation or construction on the site.
26. STORMWATER MANAGEMENT
Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 2) – Part B, Clause 9.2, prior to the issue of a Construction Certificate.
27. ENGINEERING DETAILS
Structural details are to be prepared and certified by a practicing Structural Engineer and to be furnished to Council or the Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.
28. USE OF RENEWABLE TIMBERS
Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principal Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.
29. PRIOR TO SITE WORKSSCHEDULE C – COMPLIANCE PRIOR TO AND DURING CONSTRUCTION
The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:
30. HERITAGE- INTERPRETATION
(a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or
(c) any change to these arrangements for doing of the work.(b) the name and permit number of the owner/builder who intends to do the work; and
Retain evidence of existing spaces including lavatories, the lightwell and service stair at the southern end of the Hotel. The spaces are to be interpreted by means of beams, wall nibs and retention of fabric such as wall tiles (where possible) so that the early layout and uses can be interpreted. Details of the proposed interpretation are to be submitted to Council prior to the issue of a Construction Certificate. The proposed interpretation is to be carried out under the supervision of the conservation architect.
31. REUSE OF FABRIC
Doors, external and internal ceramic wall tiles and other salvageable items from demolished original parts of the building interior are to be carefully removed and reused elsewhere in the building as part of the works wherever possible.
32. CONSTRUCTION SIGNS
Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.
33. EXCAVATION AND BACKFILLING
Any excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.
34. obstruction to public areas
If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then:
(a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;
(c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and
35. TOILET FACILITIES
Toilet facilities are to be provided on the work site in accordance with the requirements of Sydney Water.
36. NO USE OF ORGANOCHLORIN PESTICIDES
The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.
37. Demolition or alteration of pre 1987 buildings
At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:
(a) outline the identification of any hazardous materials, including surfaces coated with lead paint;
(b) confirm that no asbestos products are present on the subject land; or
(c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998);
(d) describe the method of demolition;
(f) describe the disposal methods for hazardous materials.(e) describe the precautions to be employed to minimise any dust nuisance; and
38. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS
All site works complying with the occupational health and safety requirements of WorkCover NSW.
39. STOCKPILES
Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.
40. LOCATION OF BUILDING OPERATIONS
41. ALL BUILDING MATERIALS STORED ON SITE
Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.
All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.
42. construction hours
Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:
(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday, which form part of public holiday weekends;
(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.(b) Sundays and public holidays; and
43. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS
Noise from construction activities shall comply with the Protection of the Environment Operations (Noise Control) Regulation 2000.
The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver.
44. BUILDING CODE OF AUSTRALIA
All building work must be carried out in accordance with the requirements of the Building Code of Australia.
45. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (COMMERCIAL CLASS 5, 6, 7, 8 AND 9)
The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planing and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification.
The specified MANDATORY inspections are:MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.
In the case of a Class 5, 6, 7, 8 or 9 building:
(a) at the commencement of the building work;
(c) after the building work has been completed and prior to any Occupation Certificate being issued in relation to the building.(b) prior to covering any stormwater drainage connections; and
The following additional inspections are required to be undertaken by the PCA:
(a) sediment control measures prior to the commencement of building work;
(b) foundation material prior to undertaking building work;
(c) shoring of excavation works, retaining walls, piers, piling or underpinning works;
(d) steel reinforcement, prior to pouring concrete;
(f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls).(e) prior to covering timber or steel framework for floors, walls and roofing, including beams and columns;
Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.
46. WATER PROOFING
Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier.
47. SERVICE PIPES
All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.
48. work outside property boundary
All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.
49. FINAL OCCUPATION CERTIFICATESCHEDULE D – COMPLiANCE PRIOR TO AN OCCUPATION CERTIFICATE OR COMMENCEMENT OF USE
The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.
50. LIGHTING
_________________________
Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting .
J S Murrell
Commissioner of the Court
ljr
0
0
1