THESE MINUTES ARE DRAFT UNTIL CONFIRMED AT THE NEXT MONTHLY MEETING OF THIS COUNCIL AND/OR COMMITTEE

 

MINUTES OF Planning Committee Meeting of the

Council of the City of Randwick HELD ON

Tuesday, 14 August 2012 AT 6.25pm

 

Present:

 

The Mayor, Councillor S Nash (West Ward)

 

North Ward                                           -  Councillors K Smith (Chairperson),

                                                             P Tracey & M Woodsmith

 

South Ward                                          -  Councillors R Belleli, C Matthews &

                                                             A White

 

East Ward                                            -  Councillors T Bowen & M Matson 

                                                              

West Ward                                           -  Councillors B Hughes (Deputy Chairperson) & J Procopiadis

 

Central Ward                                        -  Councillors A Andrews, T Seng &

                                                                   G Stevenson

Officers present:

 

General Manager                                             Mr R Brownlee

Director Governance & Financial Services             Mr G Banting

Director City Services                                      Mr J Frangoples

Director City Planning                                       Ms S Truuvert

Manager Organisational Staff Services                 Ms F Calabrese

Communications Manager                                  Mr J Hay

Acting Manager Corporate & Financial Planning      Mr M Woods

Senior Administrative Coordinator                       Ms J Hartshorn

Economic Development Officer                           Ms S Williamson

 

The meeting was adjourned at 6.25pm and was resumed at 6.43pm.

 

Apologies/Granting of Leave of Absences 

 

An apology was received from Cr Notley-Smith.

 

RESOLVED: (Mayor, Cr Nash/Belleli) that the apology received from Cr Notley-Smith be accepted and leave of absence from the meeting be granted.

 

Confirmation of the Minutes

 

Confirmation of the Minutes of the Planning Committee Meeting held on Tuesday 10 July 2012

PL90/12

RESOLUTION: (Andrews/Procopiadis) that the Minutes of the Planning Committee Meeting held on Tuesday 10 July 2012 (copies of which were circulated to all Councillors) be and are hereby confirmed as a correct record of the proceedings of that meeting.

 

Cr Matthews left the meeting at this point (6.44pm) and did not return.

 

Declarations of Pecuniary and Non-Pecuniary Interests

 

a)     Cr Smith declared a non significant non pecuniary interest in Item D80/12 as he         knows the applicants’ son.

 

Address of Council by Members of the Public

Prior to consideration of the Mayoral Minutes, deputations were received in respect of the following matters:

MM62/12   HIGH WATER TABLES ISSUES IN KENSINGTON

 

               For             Rosemary McKenzie

 

The Mayor assumed the Chair at this point in the meeting to put forward the following Mayoral Minutes.

 

Mayoral Minutes

 

MM62/12  Cr Scott  Nash - Mayor's Minute - High Water Table Issues In Kensington  (F2004/07209 )

PL91/12

RESOLUTION: (Mayor, Cr Nash) that:

 

a)            Council review, in a manner within its power and in consultation with the community including the Kensington and West Kingsford Precinct Committee, the concerns of Kensington residents, namely, that the actions of developers in Kensington may be causing cracking of buildings being erected on the development sites themselves and neighbouring buildings because of a failure to adopt and implement proper and appropriate procedures when excavation and dewatering processes are undertaken.

 

b)            A report be brought back to Council which reviews Council’s standard conditions of development consent relating to excavation and dewatering processes and considers options for changes to the comprehensive LEP to address water table impacts on specific areas of the city.

 

c)            Council notes the recommendation of the Kensington and West Kingsford Precinct Committee of 13 August 2012 in relation to this matter.

 

MOTION: (Mayor, Cr Nash) CARRIED - SEE RESOLUTION.

 

 

MM63/12  Cr Scott  Nash - Mayor's Minute - Manager Corporate & Financial Planning Mitchel Woods - Winner Of The Young Financial Manager Of The Year Award  (F2011/00476 )

PL92/12

RESOLUTION: (Mayor, Cr Nash) that Council congratulates its Manager Corporate and Financial Planning Mitchel Woods on winning the prestigious Young Financial Manager of the Year Award at the Financial Review Capital CFO Awards 2012.

 

MOTION: (Mayor, Cr Nash) CARRIED - SEE RESOLUTION.

 

Cr Smith return to the Chair.

 


Address of Council by Members of the Public

Prior to consideration of the Agenda by the Committee, deputations were received in respect of the following matters:

D76/12      22 Houston Road, Kingsford (DA/204/2012)

 

Applicant           Greg Prentice – representing the applicant

 

D78/12      27 Liguria Street, Maroubra (DA/895/2011)

 

               Objector             Fred Orr

 

Applicant           Luda Zinovyev

 

RESOLVED: (PROCEDURAL MOTION) (Andrews/Bowen) that Item D78/12 be brought forward for immediate consideration. CARRIED.

 

D80/12      15 Stanley Street, Randwick (DA/358/2012)

                             

Applicant           Cathleen Taylor                                

 

D81/12      53 Rainbow Street, Kingsford (DA/43/2012)

 

Objector             Sophie Dyson

 

Applicant           Mat Day – representing the applicant

 

D83/12      34 Winchester Road, Clovelly (DA/415/2012)

 

Objector             Jane Stops                                      

 

Applicant         Darek Szymanski - representing the applicant       

 

D84/12      220-220A Clovelly Road, Randwick (DA/405/2011)

 

Objector             George Papanikitas - representing the objectors

 

Applicant           Anthony Betros – representing the applicant

 

Cr Andrews left the meeting at this point (7.46pm).

 

D85/12      20 Gordon Avenue, Coogee (DA/340/2012)

 

Objector             Allen Windross                                 

 

Applicant           Steven Natsteski

 

Cr Andrews returned to the meeting (7.55pm).

 

NR6/12      Notice of Rescission Motion from Crs Andrews, Matthews and White - 2 Goodwood Street, Kensington

 

Objector             Margery Whitehead

 

Applicant           Anthony Betros – representing the applicant

 

The meeting was adjourned at 8.10pm and was resumed at 8.23pm.

 


Urgent Business

Nil.

 

Development Application Reports

 

D76/12     Development Application Report - 22 Houston Road, Kingsford (DA/204/2012)

PL93/12

RESOLUTION: (Andrews/Bowen) -

 

A.     That Council supports the objections under State Environmental Planning Policy No. 1 – Development Standards in respect to non-compliance with State Environmental Planning Policy – Affordable Housing relating to maximum floor area of secondary dwellings on the grounds that the proposed development complies with the objectives of the SEPP – Affordable Housing and will not adversely affect the amenity of the locality, and that the Department of Planning be advised accordingly.

 

B.     That Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 204/2012 for the construction of a secondary dwelling at 22 Houston Road Kingsford subject to the following conditions:

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Received by Council on

Plan No. PD120710 page 1

Greg Prentice

30/4/2012

11/7/2012

Plan No. PD120740 page 2

Greg Prentice

30/4/2012

11/7/2012

Plan No. PD120710 page 3

Greg Prentice

30/4/2012

11/7/2012

Plan No. PD120710 page 4

Greg Prentice

30/4/2012

11/7/2012

Plan No. PD120710 page 5

Greg Prentice

30/4/2012

11/7/2012

 

BASIX Certificate

No.

Dated

 

A420026S

28 March 2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

2.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

External Colours, Materials & Finishes

3.       The colours, materials and finishes of the external surfaces to the building are to be compatible with the adjacent development to maintain the integrity and amenity of the building and the streetscape.

 

Details of the proposed colours, materials and textures (i.e. a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development.

 

Section 94A Development Contributions

4.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 104 500, the following applicable monetary levy must be paid to Council: $ 522.50.

       

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate [or subdivision certificate] being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

Long Service Levy Payments

5.       The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

Security Deposit

6.       The following damage/civil works security deposit requirement must be complied with prior to a construction certificate being issued for the development, as security for making good any damage caused to the roadway, footway, verge or any public place; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $1000.00    -      Damage/Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash, cheque or credit card payment and is refundable upon a satisfactory inspection by Council upon the completion of the civil works which confirms that there has been no damage to Council's infrastructure.

 

The owner/builder is also requested to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

To obtain a refund of relevant deposits, a Security Deposit Refund Form is to be forwarded to Council’s Director of City Services upon issuing of an occupation certificate or completion of the civil works.

 

Design Alignment levels

7.       The design alignment level (the finished level of concrete, paving or the like) at the property boundary for driveways, access ramps and pathways or the like, shall be:

·        180mm above the invert of the gutter at all points opposite the gutter, along the full site frontage in Houston Lane.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the gutter must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0881.

 

8.       The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $135.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

9.       The gradient of the internal carspace must be designed and constructed in accordance with AS 2890.1 (2004) – Off Street Car Parking and the levels of the driveway must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate documentation.

 

Stormwater Drainage

10.     Prior to the issue of a construction certificate, detailed drainage plans with levels reduced to Australian Height Datum (AHD), shall be prepared by a suitably qualified Hydraulic Engineer and be submitted to and approved by the certifying authority.  A copy of the plans shall be forwarded to Council, if Council is not the certifying authority.

 

The drainage plans must demonstrate compliance with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing and Drainage - Stormwater Drainage) and the relevant conditions of this development approval.

 

11.     Stormwater runoff from the proposed granny flat  shall be discharged either:

 

a)       To the kerb and gutter along the site frontage in Houston Lane by gravity (without the use of a charged system); OR

 

b)       To the kerb and gutter along the site frontage in Houston Road by gravity via the existing stormwater drainage system (without the use of a charged system); OR

 

c)       To a suitably sized infiltration area. As a guide the infiltration area shall be sized based on a minimum requirement of 1 m2 of infiltration area (together with 1 m3 of storage volume) for every 20 m2 of roof/impervious area on the site. Infiltration systems shall be located a minimum 2.1 metres from any side or rear boundary and 3 metres from adjoining structures.

 

Prior to the use of infiltration, a geotechnical investigation will be required to determine whether the ground is suitable for infiltration. Should rock and/or a water table be encountered within two metres of the proposed base of the infiltration pit, or the ground conditions comprise low permeability soils such as clay, infiltration may not be appropriate.

 

12.     Prior to discharge of the stormwater to Council’s street drainage system in Houston Lane or to an absorption/infiltration system a sediment/silt arrestor pit must be provided within the site and is to be constructed generally in accordance with the following requirements:

·         The base of the pit being located a minimum 300mm under the invert level of the outlet pipe.

·         Be constructed immediately adjacent to the street boundary (in the case of discharge to Houston Lane).

·         The pit being constructed from cast in-situ concrete, precast concrete or double brick.

·         A minimum of 4 x 90 mm diameter weep holes (or equivalent) located in the walls of the pit at the floor level with a suitable geotextile material with a high filtration rating located over the weep holes.

·         A galvanised heavy-duty screen being provided over the outlet pipe/s (Mascot GMS multipurpose filter screen or equivalent).

·         The grate being a galvanised heavy-duty grate that has a provision for a child proof fastening system.

·         A child proof and corrosion resistant fastening system being provided for the access grate (e.g. spring loaded j-bolts or similar).

·         Provision of a sign adjacent to the pit stating, “This sediment/silt arrester pit shall be regularly inspected and cleaned”.

 

Sketch details of a standard sediment/silt arrester pit may be obtained from Council’s Drainage Engineer.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

13.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

Smoke Alarms

14.     Smoke alarms are required to be installed in accordance with the relevant provisions of the Building Code of Australia (volume 2) and smoke alarms must comply with AS3786.  Smoke alarms must be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

15.     In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

16.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

Home Building Act 1989

17.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council.

 

Construction Noise & Vibration Management Plan

18.     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents and the relevant requirements of the Protection of the Environment Operations Act 1997 and NSW DECC Guidelines must be satisfied at all times.

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

A Construction Noise Management Plan, prepared in accordance with the NSW DECC Construction Noise Guideline by a suitably qualified person, is to be implemented throughout the works, to the satisfaction of the Council.  A copy of the strategy must be provided to the Principal Certifying Authority and Council prior to the commencement of works on site.

 

Temporary Site Fencing

19.     Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres). 

 

Temporary site fences are to have a height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any item or article on the road, footpath or nature strip.

 

Construction Site Management

20.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·           location and construction of protective fencing/hoardings to the perimeter of the site;

·           location of site storage areas/sheds/equipment;

·           location of building materials for construction;

·           provisions for public safety;

·           dust control measures;

·           site access location and construction

·           details of methods of disposal of demolition materials;

·           protective measures for tree preservation;

·           provisions for temporary sanitary facilities;

·           location and size of waste containers/bulk bins;

·           details of proposed sediment and erosion control measures;

·           provisions for temporary stormwater drainage;

·           construction noise and vibration management;

·           construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Demolition & Construction Waste

21.     A Demolition and Construction Waste Management Plan (WMP) must be development and implemented for the development.

 

The Waste Management Plan must provide details of the type and quantities of demolition and construction waste materials, proposed re-use and recycling of materials, methods of disposal and details of recycling outlets and land fill sites.

 

Where practicable waste materials must be re-used or recycled, rather than disposed and further details of Council's requirements including relevant guidelines and pro-forma WMP forms can be obtained from Council's Customer Service Centre or by telephoning Council on 9399 0999.

 

Details and receipts verifying the recycling and disposal of materials must be kept on site at all times and presented to Council officers upon request.

 

Sydney Water

22.     Prior to the commencement of excavation or building works, the approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

Public Utilities

23.     A Public Utility Impact Assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

24.     The applicant must meet the full cost for telecommunication companies, gas providers, Energy Australia and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

Construction Traffic Management

25.     Prior to the commencement of any works on the site, an Application for a ‘Works Zone’ and Construction Traffic Management Plan must be submitted to Councils Integrated Transport Department, and approved by the Randwick Traffic Committee, for a ‘Works Zone’ to be provided in the vicinity of the site  for the duration of the demolition & construction works. 

 

The ‘Works Zone’ must have a minimum length of 12m and extend for a minimum duration of three months.  The suitability of the proposed length and duration is to be demonstrated in the application for the Works Zone.  The application for the Works Zone must be submitted to Council at least six (6) weeks prior to the commencement of work on the site to allow for assessment and tabling of agenda for the Randwick Traffic Committee.

 

The requirement for a Works Zone may be varied or waived only if it can be demonstrated in the Construction Traffic Management Plan (to the satisfaction of Council’s Traffic Engineers) that all construction related activities (including all loading and unloading operations) can and will be undertaken wholly within the site.  The written approval of Council must be obtained to provide a Works Zone or to waive the requirement to provide a Works Zone prior to the commencement of any site work.

 

26.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to:

 

a)     commencement of any site work [or]

b)     a construction certificate being issued for the development.

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person and must include the following details, to the satisfaction of Council:

·       A description of the demolition, excavation and construction works

·       A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

·       Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·       Provision for loading and unloading of goods and materials

·       Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·       Proposed hours of construction related activities and vehicular movements to and from the site

·       Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Traffic Authority, Police and State Transit Authority)

·       Any activities proposed to be located or impact upon Council’s road, footways or any public place

·       Measures to maintain public safety and convenience

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections During Construction

27.     The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Site Signage

28.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·           name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

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

·           a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

29.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 5.00pm

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Sediment & Erosion Control

30.     Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

 

Details must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and a copy must be maintained on site and be made available to Council officers upon request.

 

Public Safety & Site Management

31.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

·          Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·          The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·          Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

·          Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

Support of Adjoining Land, Excavations & Retaining Walls

32.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

33.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority for the development prior to commencing such excavations or works.

 

Survey Requirements

34.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

 

·           prior to construction (pouring of concrete) of the footings or first completed floor slab,

·           upon completion of the building, prior to issuing an occupation certificate,

·           as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Tree Management

35.       Approval is granted for the removal of the 3 Cocos palms in the rear yard as they are an exempt species under Council’s Tree Preservation Order.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

36.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

BASIX Requirements

37.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

Council’s Infrastructure, Vehicular Crossings, street verge

38.     Prior to the issuing of an occupation certificate the applicant shall, at no cost to Council dedicate a 0.7 metre wide strip of land along the full site frontage in Houston Lane for road widening purposes via a ‘Plan of Survey’. The strip of land is required to facilitate the provision of a concrete footpath along the site frontage in Houston Lane.

 

39.     Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

a.       Construct a concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

b.       Construct a full width concrete footpath (between back of kerb and new boundary after road widening) along the full Houston Lane site frontage.

 

40.     The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

41.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works" and the following requirements:

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

Stormwater Drainage

42.     Prior to the issuing of an occupation certificate, the applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer confirming that the design and construction of the stormwater drainage system for the granny flat complies with Australian Standard 3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and the conditions of this development approval. The certification must be provided following inspection/s of the site stormwater drainage system by the certifying engineers and shall be provided to the satisfaction of the PCA.

 

43.     Should stormwater be discharged to an infiltration system then prior to occupation of the development, a "restriction on the use of land” and “positive covenant" (under section 88E/88B of the Conveyancing Act 1919) shall be placed on the title of the subject property to ensure that the onsite infiltration system is maintained and that no works which could affect the design function of the infiltration system are undertaken without the prior consent (in writing) from Council. Such restriction and positive covenant shall not be released, varied or modified without the consent of the Council.

Notes:

a.  The “restriction on the use of land” and “positive covenant” are to be to the satisfaction of Council. A copy of Council’s standard wording/layout for the restriction and positive covenant may be obtained from Council’s Development Engineer on 9399-0881.

b.  The hydraulic certification must be submitted to Council prior to the “restriction on the use of land” and “positive covenant” being executed by Council.

 

Landscaping

44.     The PCA must ensure that landscaping at this site is installed substantially in accordance with the approved landscape plan by Prentice Design, drawing number PD120303, and stamped by Council, 15th May 2012 prior to issuing of an Occupation Certificate, with the owner/s to ensure it is maintained in a healthy and vigorous state until maturity.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

External Lighting

45.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Demolition, building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from Council or an Accredited Certifier

§  Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A8      The finished ground levels external to the building must be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

A9      Prior to commencing any work the owner/builder should contact Dial Before You Dig at www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

A10     The application is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

MOTION: (Andrews/Bowen) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D77/12     Development Application Report - 801-899R Bunnerong Road, Chifley (DA/949/2011)

PL94/12

RESOLUTION: (Procopiadis/Andrews) that Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 949/2011 for remediation, reshaping and contouring of Chifley Sports Reserve to create sports fields and 3 car park areas, installation of 12x28 metre high lights, 11x25 metre high light, and 21 x 8 metre high lights and lighting to also be provided in car parks, at No. 801-899R Bunnerong Road, Chifley, subject to the following conditions:

 

DEVELOPMENT CONSENT CONDITIONS

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

MG Planning Chifley Sports Reserve Development Application for Site Remediation, Earthworks and Lighting Towers – Statement of Environmental Effects July 2011, received by council 07 December 2011 and the accompanying Appendices 1-8.

 

Plans

Drawn by

Civil Drawing Schedule Sheet No. 1- 42 – Drawing numbers 5687.001 – 5687.040, 5687. DEMO, 5687.CB. (Revision D).

Complete Urban

Landscape Drawings, sheets 1-26, Drawing Number 5687. 901-5687.926. (Revision D)

Complete Urban

Stormwater Harvesting Drawings, Sheets 1-13, drawing numbers 10313_CC_C000- 10313_CC_SE03. (Revision D)

Complete Urban

Structural Drawing Sheet 1-3,  Drawing number 5687.501 – 5687.503.

Complete Urban

Lighting Drawing Sheet 1-2, drawing number E01- E02 (Revision D)

Complete Urban

Irrigation Drawing Sheet 1-2, drawing number CUP11478-1 and CUP 11478-2 (Revision D)

Complete Urban

 

The following conditions are applied to maintain reasonable levels of environmental health, safety and amenity:

 

2.       Remediation and validation works shall be carried out in accordance with Chifley Sports Reserve Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010, except as may be amended by the conditions of this consent. Any variations to the proposed remediation works or remediation action plan shall be approved by Council prior to the commencement of such works and with the Environmental Consultants approval of the amended remediation action plan / works.

 

3.       Remediation work is required to satisfy the relevant requirements of the Contaminated Land Management Act 1997 and the National Environment Protection (Assessment of Site Contamination) Measure (NEPM) 1999 and details of compliance are to be provided to Council from a suitably qualified Environmental Consultant upon completion of the remediation works.

 

4.       Remediation works shall be carried out in accordance with the relevant requirements of the Contaminated Land Management Act 1997, guidelines made by the NSW Office of Environment and Heritage and Department of Infrastructure Planning & Natural Resources, Randwick City Council’s Contaminated Land Policy 1999 and the Protection of the Environment Operations Act 1997.

 

5.       Any fill importation to the site is to be monitored and classified by a suitably qualified Validation Consultant for remediation of the site. Imported materials must meet the requirements of AS4419:2003 Soils for landscaping and garden use and the imported material validation criteria detailed in the Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010.

 

6.       A Site Remediation Management Plan must be prepared prior to the commencement of remediation works by a suitably qualified environmental consultant and be implemented throughout remediation works. The Site Remediation Management Plan shall include but is not limited to, measures to address the following matters:

·      general site management, site security, barriers, traffic management and signage

·          truck wash down area for vehicles leaving the site

·          cross contamination

·          hazard identification and control

·          asbestos monitoring

·      worker health & safety, work zones and decontamination procedures

·      prevention of cross contamination

·          site drainage and dewatering

·          adequate sediment and stormwater control measures

·      air and water quality monitoring

·          disposable of hazardous wastes

·          contingency plans and incident reporting

·          details of provisions for monitoring implementation of remediation works and persons/consultants responsible.

 

A copy of the Site Remediation Management Plan is to be forwarded to Council prior to commencing remediation works.

 

7.       Any new information which is identified during remediation, demolition or construction works that has the potential to alter previous conclusions about site contamination or the remediation strategy shall be notified to Council immediately in writing.

 

The written concurrence of Council must be obtained prior to implementing any changes to the remediation action plan or strategies.

 

8.       The installation of the Gas protection system must be in accordance with Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010 and validated by a suitably qualified environmental consultant, prior to use or occupation of relevant buildings.

 

9.       A Validation Report shall be prepared by a suitably qualified Environmental Consultant and be submitted to Council upon completion of the remedial works, and prior to commencing any building works. The Validation report shall be prepared in accordance with Chifley Sports Reserve Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010

 

10.     A Safety and Environment Management Plan (SEMP) for post remediation management is to be prepared in accordance with Remediation Action Plan prepared by CH2M HILL Australia Pty Ltd (Report no. 406719.01.04) dated September 2010 prior to use/occupation of the development. The SEMP is to be prepared by a suitably qualified Environmental Consultant and submitted to and approved by Council. Details of the SEMP is to include but not limited to:

·         Guidance on maintenance of the capping work

·           Management of activities which have potential to disturb the capping or underlying contaminated material

·           Management controls and procedures for the installation of sub-surface services/utilities, should future works be required

·           Limited on-going maintenance of gas protective measures

·           Landfill gas monitoring

 

The adopted ongoing long-term SEMP for the management of contamination and future works at site form part of this consent and must be implemented accordingly. 

 

11.     The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or Work Health & Safety Act 2011 & Regulations 2011.

 

12.     Remediation work shall be conducted within the following hours:

 

Monday to Friday:    7:00am – 5:00pm

Saturday:               8:00am – 5:00pm

No work is permitted on Sunday or public holidays

 

13.     A sign displaying the (24 hour) contact details of the remediation contractor (and the site manager if different to remediation contractor) shall be displayed on the site adjacent to the site access. This sign shall be displayed throughout the duration of the remediation works.

 

14.     Adequate provisions are to be made during the operation of the reserve for the storage and removal of waste and recyclable materials, to the satisfaction of Council and the location, collection, storage and removal of wastes generated within the premises must not result in a public health nuisance or cause pollution.

 

Flora and Fauna Conditions

15.     An amended Vegetation Management Plan, that reflects the review and recommendations of the Total Care Pty Limited review, dated 24 April 2012, must be submitted to Council for approval prior to any works being undertaken on the subject site.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either an Accredited Certifier or Randwick City Council.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

16.     The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

The following conditions are applied to provide adequate security against damage to Council’s infrastructure:

 

Security Deposit

17.     The following damage/civil works security deposit requirement must be complied with, as security for making good any damage caused to the roadway, footway, verge or any public place; and as security for completing any public work; and for remedying any defect on such public works, in accordance with section 80A(6) of the Environmental Planning and Assessment Act 1979:

 

·           $10000.00  -      Damage/Civil Works Security Deposit

 

The damage/civil works security deposit may be provided by way of a cash, cheque or credit card payment and is refundable upon a satisfactory inspection by Council upon the completion of the civil works which confirms that there has been no damage to Council's infrastructure.

 

The owner/builder is also requested to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

To obtain a refund of relevant deposits, a Security Deposit Refund Form is to be forwarded to Council’s Director of City Services upon issuing of an occupation certificate or completion of the civil works.

 

Electricity Substation

18.     The applicant must liaise with Ausgrid prior to obtaining a construction certificate (for any above ground works), to determine whether or not an electricity substation is required for the development. Any electricity substation required for the site as a consequence of this development shall be located within the site and shall be screened from view. The proposed location and elevation shall be shown on relevant construction certificate and landscape plans.

 

19.     All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

The approved plans must be submitted to a Sydney Water Quick Check agent, to determine whether the development will affect Sydney Water’s waste water and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For details please refer to the Sydney Water web site at www.sydneywater.com.au for:

 

·           Quick Check agents details -  see Building and Developing then Quick Check and

·           Guidelines for Building Over/Adjacent to Sydney Water Assets – see Building and Development then Building and Renovating, or telephone 13 20 92.

 

The Principal Certifying Authority must ensure that a Sydney Water Quick Check Agent has appropriately stamped the plans.

 

20.     Prior to lodgement of the Construction Certificate Application the applicant must undertake a detailed analysis of the existing flowpath regime through/surrounding and downstream of the development site and compare that with proposed flowpaths post development. The analysis must also identify any existing entrapped low points upstream of the development site and the top water level at these low points. The applicant must provide sufficient documentation/evidence to Council to indicate that the proposed development will not increase the depth of overland flow in areas outside the development site and that no property downstream or upstream of the development site will be adversely affected as a result of the proposed development for storm events up to the 1 in 100 year ARI event. The applicant must liaise with Council’s Development Engineer Coordinator regarding Council’s requirements for the detailed analysis prior to undertaking the analysis.

 

21.     Prior to lodgement of the Construction Certificate Application the applicant must undertake a detailed analysis of the existing site stormwater drainage system and the proposed stormwater drainage system, (piped and overland flow). The applicant must provide sufficient documentation/evidence to Council that the proposed site stormwater drainage system will not increase the depth of overland flow in areas outside the development site, will not adversely impact on Council’s stormwater drainage infrastructure and that no property downstream of the development site will be adversely affected as a result of the proposed development for storm events up to the 1 in 100 year ARI event. The applicant must liaise with Council’s Development Engineer Coordinator regarding Council’s requirements for the detailed analysis prior to undertaking the analysis.

 

22.     Prior to lodgement of a Stage 2 Development Application the applicant must submit to Council for approval, and have approved, a flood study which determines the 1 in 20 year and 1 in 100 year flood level for the development site. The applicant must liaise with Councils Development Engineer Coordinator prior to lodgement of the flood study to obtain all of Council’s requirements for the study and any supporting data.

 

23.     A separate written approval from Council is required to be obtained in relation to all works which are located externally from the site within the Bunnerong Road in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services and the Randwick Traffic Committee prior to the issuing of a construction certificate and prior to commencing any works within the road reserve/public place. The plans and specifications must be accompanied by suitable traffic modelling of the proposed controlled right turn bays into both the development site and the cemetery. The proposed road works in Bunnerong Road must be designed in accordance with Austroads.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works.

 

Relevant Council assessment and inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

Long Service Levy Payments

24.     The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

Sydney Water Requirements

25.     The relevant requirements of the Sydney Water Act 1994 must be complied with and a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water. 

 

An Application for a Section 73 Certificate must be made through an authorised Water Servicing Co-ordinator. For details, please refer to the “Your Business” section of Sydney Water’s web site www.sydneywater.com.au then the “e-developer” icon or telephone 13 20 92.

 

Following the application, a “Notice of Requirements” will be provided, detailing water and sewer extensions to be built and charges to be paid.  Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design.

 

A copy of Sydney Water’s ‘Notice of Requirements’ must be submitted to the Certifying Authority prior to issuing a Construction Certificate.

 

The Section 73 Certificate is required to be obtained before an occupation certificate or subdivision certificate is issued, whichever the sooner.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia & Relevant Standards

26.     In accordance with section 80A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).

 

27.     Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the Building Code of Australia, Disability (Access to Premises – Buildings) Standard 2010, relevant Australian Standards and conditions of consent, to the satisfaction of the Certifying Authority.  Details of the required access and facilities for people with disabilities are to be included in the plans/specifications for the construction certificate.

 

Site stability and construction work

28.     A report must be obtained from a suitably qualified and experienced professional engineer, which includes the following details, to the satisfaction of the Certifying Authority for the development:-

 

a)     Geotechnical details which confirm the suitability and stability of the Site for the development and relevant design and construction requirements to be implemented to ensure the stability and adequacy of the development and adjacent land.

 

b)     Details of the proposed methods of excavation and support for the adjoining land (including any public place) and buildings.

 

c)     Details to demonstrate that the proposed methods of excavation and construction are suitable for the Site and should not result in any damage to the adjoining premises, buildings or any public place, as a result of the works and any associated vibration.

 

d)     The adjoining land and buildings located upon the adjoining land must be adequately supported at all times throughout demolition, excavation and building work, to the satisfaction of the Principal Certifying Authority.

 

e)     Written approval must be obtained from the owners of the land to install any ground or rock anchors underneath the adjoining premises (including any public roadway or public place) and details must be provided to the Certifying Authority.

 

Traffic conditions

29.     Adequate provisions are to be made to provide pedestrian visibility and safety.  All new walls (and/or landscaping) adjacent to vehicular crossings should not exceed a height of 600mm above the internal driveway level for a distance of 1.5m within the site or new walls (including landscaping) should splayed 1.5 metres by 1.5 metres. Details of compliance, to the satisfaction of the certifying authority, are to be included in the construction certificate documentation.

 

30.     The vehicular access driveways, internal circulation ramps and the carpark areas, (including, but not limited to, the ramp grades, carpark layout and height clearances) are to be in accordance with the requirements of AS2890.1:2004. The Construction Certificate plans must demonstrate compliance with these requirements.

 

31.     Bicycle storage facilities must be provided within the development site to council’s satisfaction. Details are to be included within the Construction Certificate Plans.

 

32.     A strategy for accommodating pedestrian and bicycle movements along the Bunnerong Road site frontage must be developed in consultation with Council, and subsequently approved by Council, prior to the issuing of a Construction Certificate. The Construction Certificate Plans must reflect the approved pedestrian and bicycle movement strategy.

 

Design Alignment levels

33.     The design alignment level (the finished level of concrete, paving or the like) at the property boundaries for driveways, access ramps, steps and pathways or the like, must be obtained in writing from Council’s Development Engineer Coordinator prior to the issuing of a Construction Certificate.

 

The design alignment level/s at the property boundary as issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0924.

 

34.     The design alignment levels (concrete/paved/tiled level) issued by Council and their relationship to the roadway/kerb/footpath must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

35.     The above alignment levels and the site inspection by Council’s Development Engineering Section have been issued at a prescribed fee of $(Amount) calculated at $48.00 (inclusive of GST) per metre of site frontage. This amount is to be paid prior to a construction certificate being issued for the development.

 

Stormwater Drainage & Flood Management

36.     The finished level of the proposed carpark areas must be above the critical 1 in 20 year ARI (5% AEP) flood level for the development site or be suitably waterproofed up to this same level. Details demonstrating compliance with this condition are to be included in the construction certificate documentation.

 

37.     All existing Council controlled junction pits located within the playing fields must be reconstructed / raised as required to ensure that the level of top of the pits matches the proposed finished levels. Details of the reconstructed pits must be included with the Construction Certificate Plans. The design of the reconstructed pits must be to Council’s satisfaction and all works must be completed prior to the issuing of an    Occupation Certificate. This condition is required because previous filling works on the development site may have buried the existing pits.

 

38.     Stormwater drainage plans have not been approved as part of this development consent. Engineering calculations and plans with levels reduced to Australian Height Datum in relation to site drainage shall be prepared by a suitably qualified Hydraulic Engineer and submitted to and approved by the certifying authority prior to a construction certificate being issued for the development. A copy of the engineering calculations and plans are to be forwarded to Council, prior to a construction certificate being issued, if the Council is not the certifying authority. The drawings and details shall include the following information:

 

a)       A detailed drainage design supported by a catchment area plan, at a scale of 1:100 or as considered acceptable to the Council or an accredited certifier, and drainage calculations prepared in accordance with the Institution of Engineers publication, Australian Rainfall and Run-off, 1987 edition.

 

b)       A layout of the proposed drainage system including pipe sizes, type, grade, length, invert levels, etc., dimensions and types of all drainage pipes and the connection into Council's stormwater system. 

 

c)       The separate catchment areas within the site, draining to each collection point or surface pit are to be classified into the following categories:

 

i.        Roof areas

ii.       Paved areas

iii.       Grassed areas

iv.      Garden areas

 

e)       Where buildings abut higher buildings and their roofs are "flashed in" to the higher wall, the area contributing must be taken as:  the projected roof area of the lower building, plus one half of the area of the vertical wall abutting, for the purpose of determining the discharge from the lower roof.

 

f)       Proposed finished surface levels and grades of car parks, internal driveways and access aisles which are to be related to Council's design alignment levels.

 

g)       The details of any special features that will affect the drainage design eg. the nature of the soil in the site and/or the presence of rock etc.

 

39.     The written approval of Council is required to be obtained in relation to all drainage and infrastructure works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a professional engineer is to be provided to Council upon completion of the works.

 

Relevant Council Assessment and Inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

Internal Drainage

40.     The site stormwater drainage system is to be provided in accordance with the following requirements:

 

a)     The stormwater drainage system must be provided in accordance with the relevant requirements of Building Code of Australia and the conditions of this consent, to the satisfaction of the Certifying Authority and details are to be included in the construction certificate.

 

b)     The stormwater must be discharged (by gravity) directly to the existing Council controlled stormwater drainage system located within the development site or to the Council controlled drainage system located immediately downstream of the development site.  No pipelines must be discharged into Macquarie Street.

 

c)     If connecting to Council’s underground drainage system, a reflux valve shall be provided (within the site) over the pipeline discharging from the site to ensure that stormwater from Council drainage system does not surcharge back into the site stormwater system.

 

d)     Any proposed open channels or water storage areas must be suitably fenced or protected in accordance with relevant safety standards.

 

e)     Any new kerb inlet pits (constructed within Council’s road reserve) are to be constructed generally in accordance with Council’s standard detail for the design of kerb inlet pits (drawing number SD6 which is available from Council).

 

f)     Generally all internal pipelines must be capable of discharging a 1 in 20 year storm flow.  However the minimum pipe size for pipes that accept stormwater from a surface inlet pit must be 150mm diameter.  The site must be graded to direct any surplus run-off (i.e. above the 1 in 20 year storm) to the proposed drainage (detention/infiltration) system.

 

g)     A sediment/silt arrestor pit must be provided within the site near the street boundary prior to discharge of the stormwater to Council’s drainage system and prior to discharging the stormwater to any absorption/infiltration system.

 

h)     A childproof and corrosion resistant fastening system shall be installed on access grates over pits/trenches where water is permitted to be temporarily stored.

 

i)      The site stormwater system must be regularly cleaned and maintained to ensure it operates as required by the design.

 

Waste  Management

41.     A Waste Management Plan detailing the waste and recycling storage and removal strategy for all of the development, is required to be submitted to and approved by Council’s Director of City Services.

 

The Waste Management plan is required to be prepared in accordance with Council's Waste Management Guidelines for Proposed Development and must include the following details (as applicable):

 

·       The use of the premises.

·       The type and quantity of waste to be generated by the development.

·       Demolition and construction waste, including materials to be re-used or recycled.

·       Details of the proposed recycling and waste disposal contractors.

·       Waste storage facilities and equipment.

·       Access and traffic arrangements.

·       The procedures and arrangements for on-going waste management including collection, storage and removal of waste and recycling of materials.

 

Further details of Council's requirements and guidelines, including pro-forma Waste Management plan forms can be obtained from Council's Customer Service Centre.

 

          Landscaping & Environmental amenity:

42.     Landscaping is to be provided to the site in general accordance with the landscaping plans/specifications submitted with the development application subject to the plans being amended as required to comply with the recommendations of the Total Care Pty Ltd review dated 24 April 2012.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the Site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

43.     Construction work is not to commence until Council has reviewed a Construction Environmental Management Plan (CEMP) to be prepared by the contractor and distributed it to construction contractor(s). The CEMP must clearly identify the location and extent of ESBS within the study area and highlight this conservation significance and legislative protection afforded this plant community; The CEMP must clearly identify the locations for storage and parking of construction materials and machinery

 

44.     Light, medium and heavy plant, machinery and equipment used for earthworks is to be cleaned of soil and debris before bringing it on site to reduce the potential spread of weeds and the fungal pathogen Phytophthora cinnamomi. P. cinnamomi control protocols are to be based on the P. cinnamomi prevention measures recommended by the Botanic Garden Trust (DEC, 2006);

 

45.     Installation, maintenance and decommissioning of sediment and erosion controls as required;

 

46.     Pre start up survey for sheltering native fauna of all plant and equipment or during relocation of stored construction materials;

 

47.     Machinery, equipment or materials storage compounds are to be in areas of pre existing disturbance (eg access tracks, or open grassed areas) or construction areas; and

 

48.     No wash down of machinery or equipment on site areas adjacent to ESBS during or post construction.

 

Certification and Building Inspection Requirements

49.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

       A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the Site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

d)     at least two days notice must be given to the Council, in writing, prior to commencing any works; and

 

e)     the relevant requirements of the Home Building Act 1989 (as applicable) must be complied with and details provided to the Principal Certifying Authority and Council.

 

Dilapidation Reports

50.     A dilapidation report prepared by a professional engineer or suitably qualified and experienced building surveyor shall be submitted to the certifying authority prior to the commencement of demolition, excavation or building works detailing the current condition and status of all buildings and ancillary structures located upon all of the premises adjoining the subject site.

 

The report (including photographs) are required to detail the current condition and status of any dwelling, associated garage and other structures located upon the adjoining premises, which may be affected by the subject works.  A copy of the dilapidation report must be given to the owners of the premises encompassed in the report/s before commencing any works.

 

Construction Noise & Vibration Management Plan

51.     A Construction Noise & Vibration Management Plan, prepared in accordance with the Department of Climate Change Guidelines for Construction Noise and Assessing Vibration, by a suitably qualified person, is to be developed and implemented prior to commencing site work and throughout the course of construction.

 

a)     Noise and vibration emissions during the construction of the building and associated site works must not result in damage to nearby premises or result in an unreasonable loss of amenity to nearby residents. 

 

Noise and vibration from any rock excavation machinery, pile drivers and all plant and equipment must be minimised, by using appropriate plant and equipment, silencers and the implementation of noise management strategies.

 

b)     The Construction Noise & Vibration Management Plan must include details of measurements, analysis and relevant criteria and demonstrate that the noise and vibration emissions from the work satisfy the relevant provisions of the Protection of the Environment Operations Act 1997, current DECC Guidelines for Construction Noise and Assessing Vibration and Councils conditions of consent.

 

c)     A further report/correspondence must be obtained from the consultant as soon as practicable upon the commencement of works, which reviews and confirms the implementation and suitability of the noise and vibration strategies in the Construction Noise & Vibration Management Plan and which demonstrates compliance with relevant criteria.

 

d)     Any recommendations and requirements contained in the Construction Noise & Vibration Management Plan and associated reports are to be implemented accordingly and should noise and vibration emissions not comply with the terms and conditions of consent, work must cease forthwith and is not to recommence until details of compliance are submitted to Council and the PCA.

 

A copy of the Construction Noise & Vibration Management Plan and associated acoustic/vibration report/s must be maintained on-site and a copy must be provided to Council and the Principal Certifying Authority accordingly.

 

Temporary Site Fencing

52.     Temporary site safety fencing must be provided to the perimeter of the Site throughout demolition, excavation and construction works.

 

Temporary site fences must have a height of 1.8 metres and be a cyclone wire fence (with geotextile fabric attached to the inside of the fence to provide dust control), or heavy-duty plywood sheeting (painted white), or other material approved by Council.

 

A ‘B Class’ overhead type hoarding is required is be provided to protect the public, located adjacent to the development, prior to the commencement of any works on the Site which comprise:

 

·       any works or hoisting of materials over a public footway or adjoining premises, or

·       any building or demolition works on buildings which are over 7.5m in height and located within 3.6 metres of the street alignment.

 

All site fencing and hoardings must be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

If it is proposed to locate any site fencing, hoardings, amenities or articles upon any part of the footpath, nature strip or public place at any time, a separate Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any fencing, hoarding or other article on the road, footpath or nature strip.

 

Construction Site Management

53.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·          location and construction of protective site fencing / hoardings;

·          location of site storage areas/sheds/equipment;

·          location of building materials for construction;

·          provisions for public safety;

·          dust control measures;

·          details of proposed sediment and erosion control measures;

·          site access location and construction

·          details of methods of disposal of demolition materials;

·          protective measures for tree preservation;

·          location and size of waste containers/bulk bins;

·          provisions for temporary stormwater drainage;

·          construction noise and vibration management;

·          construction traffic management details;

·          provisions for temporary sanitary facilities.

 

The Site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Demolition Work Plan

54.     A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

The Demolition Work Plan must include the following information (as applicable):

 

·          The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·          Details of hazardous materials (including asbestos)

·          Method/s of demolition (including removal of any asbestos)

·          Measures and processes to be implemented to ensure the health & safety of workers and community

·          Measures to be implemented to minimise any airborne dust and asbestos

·          Methods and location of disposal of any hazardous materials (including asbestos)

·          Other relevant details, measures and requirements to be implemented

·          Details of re-use, recycling and disposal of waste materials

·          Date the demolition works will commence

 

The Demolition Work Plan must be submitted to the Principal Certifying Authority (PCA), not less than two (2) working days before commencing any demolition work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must also be provided to Council not less than 2 days before commencing those works.

 

Notes

§  It is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

§  Refer to the conditions within the “Requirements During Construction & Site Work”, for further details and requirements relating to demolition work, removal of any asbestos and public safety.

 

Public Liability

55.     The owner/builder is required to hold Public Liability Insurance, with a minimum liability of $10 million and a copy of the Insurance cover is to be provided to the Principal Certifying Authority and Council.

 

Traffic Management

 

Construction Traffic Management

56.     A detailed Construction Site Traffic Management Plan must be submitted to and approved by Council, prior to a construction certificate being issued for the development.

 

The Construction Site Traffic Management Plan must be prepared by a suitably qualified person and must include the following details, to the satisfaction of Council:

·       A description of the demolition, excavation and construction works

·       A site plan/s showing the site, roads, footpaths, site access points and vehicular movements

·       Any proposed road and/or footpath closures

·       Proposed site access locations for personnel, deliveries and materials

·       Size, type and estimated number of vehicular movements (including removal of excavated materials, delivery of materials and concrete to the site)

·       Provision for loading and unloading of goods and materials

·       Impacts of the work and vehicular movements on the road network, traffic and pedestrians

·       Proposed hours of construction related activities and vehicular movements to and from the site

·       Current/proposed approvals from other Agencies and Authorities (including NSW Roads & Traffic Authority, Police and State Transit Authority)

·       Any activities proposed to be located or impact upon Council’s road, footways or any public place

·       Measures to maintain public safety and convenience

 

Civil Works

57.     A separate written approval from Council is required to be obtained in relation to all drainage works which are located externally from the site within the road reserve/public place, in accordance with the requirements of the Roads Act 1993.  Detailed plans and specifications of the proposed works are to be submitted to and approved by the Director of City Services prior to commencing any works within the road reserve/public place.

 

All works within the road reserve/public place must be carried out to the satisfaction of Council and certification from a certified practicing engineer is to be provided to Council upon completion of the works.

 

Relevant Council assessment and inspection fees, as specified in Council's adopted Pricing Policy, are required to be paid to Council prior to commencement of the works.

 

            Public Utilities

58.     A public utility impact assessment must be carried out on all public utility services located on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the building works.  The assessment should include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of services.

 

Documentary evidence from the relevant public utility authorities confirming that their requirements have been or are able to be satisfied, must be submitted to the principal certifying authority prior to the commencement of any demolition, excavation or building works.

 

59.     The owner/builder must make the necessary arrangements and meet the full cost for telecommunication companies, gas providers, Ausgrid, Sydney Water and other service authorities to adjust, repair or relocate their services as required.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections during Construction

60.     The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

Building & Demolition Work Requirements

61.     All work and activities must be carried out in accordance with the relevant regulatory requirements, including:

 

·          Occupational Health & Safety Act 2000 & Regulations

·          WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·          WorkCover NSW Requirements, Guidelines and Codes of Practice

·          Australian Standard 2601 (2001) – Demolition of Structures

·          The Protection of the Environment Operations Act 1997

·          The Protection of the Environment Operations (Waste) Regulation 2005

·          DECC/EPA Waste Classification Guidelines

·          Randwick City Council Asbestos Policy

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

Removal of Asbestos Materials

62.     Any work involving the demolition, storage or disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

·          Occupational Health & Safety legislation and WorkCover NSW requirements

 

·          Randwick City Council’s Asbestos Policy

 

·          A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·          On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the Site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·          Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·          A Clearance Certificate or Statement, prepared by a suitably qualified person (i.e. an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.

 

Sediment & Erosion Control

63.     Sediment and erosion control measures, must be implemented throughout the Site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.

 

Details must be shown in a Sediment and Erosion Control Plan, including; a site plan; indicating the slope of land, access points & access control measures, location and type of sediment & erosion controls, location of existing vegetation to be retained, location of material stockpiles and storage areas, location of building operations and equipment, methods of sediment control, details of drainage systems and details of existing and proposed vegetation.

 

A copy of the Sediment and Erosion Control Plan must be provided to the Principal Certifying Authority and Council.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Dust Control

64.     During demolition excavation and construction works, dust emissions must be minimised, so as not to result in a nuisance to nearby residents or result in a potential pollution incident.

 

Adequate dust control measures must be provided to the Site prior to the works commencing and the measures and practices must be maintained throughout the demolition, excavation and construction process, to the satisfaction of Council.

 

Dust control measures and practices may include:-

·      Provision of geotextile fabric to all perimeter site fencing (attached on the prevailing wind side of the Site fencing).

·      Covering of stockpiles of sand, soil and excavated material with adequately secured tarpaulins or plastic sheeting.

·      Installation of a water sprinkling system or provision hoses or the like.

·      Regular watering-down of all loose materials and stockpiles of sand, soil and excavated material.

·      Minimisation/relocation of stockpiles of materials, to minimise potential for disturbance by prevailing winds.

·      Landscaping and revegetation of disturbed areas.

 

Public Safety & Site Management

65.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

·          Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·          The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·          Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

Excavations, Back-filling & Retaining Walls

66.     All excavations and backfilling associated with the erection or demolition of a building must be executed safely in accordance with appropriate professional standards and excavations must be properly guarded and supported to prevent them from being dangerous to life, property or buildings.

 

Retaining walls, shoring or piling must be provided to support land which is excavated in association with the erection or demolition of a building, to prevent the movement of soil and to support the adjacent land and buildings, if the soil conditions require it.  Adequate provisions are also to be made for drainage.

 

Details of proposed retaining walls, shoring or piling are to be submitted to and approved by the Principal Certifying Authority prior to commencing such excavations or works.

 

Support of Adjoining Land

67.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

Site Signage

68.     A sign must be erected and maintained in a prominent position on the Site for the duration of the works, which contains the following details:

 

·           name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

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

·           a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

69.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·   Monday to Friday - 8.00am to 1.00pm only

·   Saturday - No work permitted

·   Sunday & public holidays - No work permitted

Additional requirements for all development

·   Saturdays and Sundays where the preceding Friday and/or the following Monday is a public holiday - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Survey Requirements

70.     A Registered Surveyor’s check survey certificate or other suitable documentation must be obtained at the following stage/s of construction to demonstrate compliance with the approved setbacks, levels, layout and height of the building to the satisfaction of the Principal Certifying Authority (PCA):

 

·           prior to construction (pouring of concrete) of footings and retaining structures,

·           prior to construction (pouring of concrete) of each floor slab,

·           upon completion of the building, prior to issuing an Occupation Certificate,

·           as otherwise may be required by the PCA.

 

The survey documentation must be forwarded to the Principal Certifying Authority and a copy is to be forwarded to the Council, if the Council is not the Principal Certifying Authority for the development.  

 

Building Encroachments

71.     There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

Civil Works & Infrastructure

 

Road/Asset Opening Permit

72.     Any openings within or upon the road, footpath, nature strip or in any public place (i.e. for proposed drainage works or installation of services), must be carried out in accordance with the following requirements, to the satisfaction of Council:

 

a)     A Road/Asset Opening Permit must be obtained from Council prior to carrying out any works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

b)     Council’s Road/Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

c)     Relevant Road/Asset Opening Permit fees, construction fees, inspection fees and security deposits, must be paid to Council prior to commencing any works within or upon the road, footpath, nature strip or other public place,

 

d)     The owner/developer must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate or occupation of the development (whichever is sooner).

 

e)     Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

f)     Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)     Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)     The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)      The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)      Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)     The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

Traffic Management

73.     Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

74.     All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

75.     All conditions and requirements of the NSW Police, Roads & Maritime Services, Transport and Council must be complied with at all times.

 

Stormwater Drainage

76.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the proposed development to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

77.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

Fire Safety Certificate Requirements

78.     Prior to issuing an interim or final Occupation Certificate, a single and complete Fire Safety Certificate, which encompasses all of the essential fire safety measures contained in the fire safety schedule must be obtained and be submitted to Council, in accordance with the provisions of the Environmental Planning and Assessment Regulation 2000.  The Fire safety Certificate must be consistent with the Fire Safety Schedule which forms part of the Construction Certificate.

 

A Fire Safety Statement must be provided to the Council on an annual basis, each year following the issue of a Fire Safety Certificate, which confirms that all the fire safety measures are operating in accordance with the relevant standards of performance.

 

A copy of the Fire Safety Certificate/Fire Safety Statement must be displayed in the building entrance/foyer at all times and a copy must also be forwarded to Fire and Rescue NSW.

 

Structural Certification

79.     A Certificate must be obtained from a professional engineer, which certifies that the building works satisfy the relevant structural requirements of the Building Code of Australia and approved design documentation, to the satisfaction of the Principal Certifying Authority. A copy of which is to be provided to Council.

 

Sydney Water Certification

80.     The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issuing an Occupation Certificate.

 

Noise Control Requirements & Certification

81.     The operation of plant and equipment must not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the plant and equipment shall not give rise to an LAeq, 15 min sound pressure level at any affected premises that exceeds the background LA90, 15 min noise level, measured in the absence of the noise source/s under consideration by more than 5dB(A) in accordance with relevant NSW Office of Environment and Heritage (EPA) Noise Control Guidelines.

 

82.     A detailed report must be obtained from a suitably qualified and experienced consultant in acoustics, which demonstrates and certifies that noise and vibration from all plant and equipment (e.g. mechanical ventilation systems and air-conditioners) satisfies the relevant provisions of the Protection of the Environment Operations Act 1997, NSW Office of Environment and Heritage (EPA) Noise Control Manual, Industrial Noise Policy and Council’s development consent.

 

A copy of the report must be provided to the Principal Certifying Authority and Council prior to an occupation certificate being issued.

       

Road/Asset Opening Permit

83.     Any openings within or upon the road, footpath, nature strip or in any public place (i.e. for proposed drainage works or installation of services), must be carried out in accordance with the following requirements, to the satisfaction of Council:

 

a)   A Road/Asset Opening Permit must be obtained from Council prior to carrying out any works within or upon a road, footpath, nature strip or in any public place, in accordance with section 138 of the Roads Act 1993 and all of the conditions and requirements contained in the Road / Asset Opening Permit must be complied with.

 

b)   Council’s Road/Asset Opening Officer must be notified at least 48 hours in advance of commencing any excavation works and also immediately upon completing the works (on 9399 0691 or 0409 033 921 during business hours), to enable any necessary inspections or works to be carried out.

 

c)   Relevant Road/Asset Opening Permit fees, construction fees, inspection fees and security deposits, must be paid to Council prior to commencing any works within or upon the road, footpath, nature strip or other public place,

 

d)   The owner/developer must ensure that all works within or upon the road reserve, footpath, nature strip or other public place are completed to the satisfaction of Council, prior to the issuing of a final occupation certificate or occupation of the development (whichever is sooner).

 

e)   Excavations and trenches must be back-filled and compacted in accordance with AUSPEC standards 306U.

 

f)   Excavations or trenches located upon a road or footpath are required to be provided with 50mm depth of cold-mix bitumen finish, level with the existing road/ground surface, to enable Council to readily complete the finishing works at a future date.

 

g)   Excavations or trenches located upon turfed areas are required to be back-filled, compacted, top-soiled and re-turfed with Kikuyu turf.

 

h)   The work and area must be maintained in a clean, safe and tidy condition at all times and the area must be thoroughly cleaned at the end of each days activities and upon completion.

 

i)    The work can only be carried out in accordance with approved hours of building work as specified in the development consent, unless the express written approval of Council has been obtained beforehand.

 

j)    Sediment control measures must be implemented in accordance with the conditions of development consent and soil, sand or any other material must not be allowed to enter the stormwater drainage system or cause a pollution incident.

 

k)   The owner/developer must have a Public Liability Insurance Policy in force, with a minimum cover of $10 million and a copy of the insurance policy must be provided to Council prior to carrying out any works within or upon the road, footpath, nature strip or in any public place.

 

Traffic Management

84.     Adequate provisions must be made to ensure pedestrian safety and traffic flow during the site works and traffic control measures are to be implemented in accordance with the relevant provisions of the Roads and Traffic Manual “Traffic Control at Work Sites” (Version 4), to the satisfaction of Council.

 

85.     All work, including the provision of barricades, fencing, lighting, signage and traffic control, must be carried out in accordance with the NSW Roads and Traffic Authority publication - ‘Traffic Control at Work Sites’ and Australian Standard AS 1742.3 – Traffic Control Devices for Works on Roads, at all times.

 

86.     All conditions and requirements of the NSW Police, Roads & Maritime Services, Transport and Council must be complied with at all times.

 

Stormwater Drainage

87.     Adequate provisions must be made to collect and discharge stormwater drainage during construction of the proposed development to the satisfaction of the principal certifying authority.

 

The prior written approval of Council must be obtained to connect or discharge site stormwater to Council’s stormwater drainage system or street gutter.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Council’s Infrastructure, Vehicular Crossings & Road Openings

88.     The owner/developer must meet the full cost for Council or a Council approved contractor to construct all traffic facilities, kerb and gutter, road pavement, footpaths, steps and landscape treatments within Bunnerong Road, Little Bay Road and Hastings Avenue as shown on the approved Construction Certificate plans.

 

89.     Prior to issuing a final occupation certificate or occupation of the development (whichever is sooner), the owner/developer must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

90.     All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council’s Policy for “Vehicular Access and Road and Drainage Works” and the following requirements: 

 

a)     All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)     Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to an occupation certificate being issued for the development, together with payment of the relevant fees.

 

c)     If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)     The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

Service Authorities

 

Sydney Water Requirements

91.     If required by Sydney Water Corporation a section 73 Compliance Certificate, under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.  An Application for a Section 73 Certificate must be made through an authorised Water Servicing Coordinator. For details, please refer to the Sydney Water web site www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92.

 

Please make early contact with the Water Servicing Co-ordinator, as building of water/sewer extensions may take some time and may impact on other services and building, driveway or landscape design.

If required by Sydney Water Corporation the Section 73 Certificate must be submitted to the Principal Certifying Authority and the Council prior to issuing an Occupation Certificate.

 

Stormwater Drainage

92.     A works-as-executed drainage plan prepared by a registered surveyor and approved by a suitably qualified and experienced hydraulic consultant/engineer must be forwarded to the Principal Certifying Authority and the Council. The works-as-executed plan must include the location, diameter, gradient and material (i.e. PVC, RC etc) of all stormwater pipes and drainage pits;

 

93.     The applicant shall submit to the Principal Certifying Authority (PCA) and Council, certification from a suitably qualified and experienced Hydraulic Engineer, which confirms that the design and construction of the stormwater drainage system complies with the Building Code of Australia, Australian Standard AS3500.3:2003 (Plumbing & Drainage- Stormwater Drainage) and conditions of this development consent. 

 

The certification must be provided following inspection/s of the site stormwater drainage system by the Hydraulic Engineers to the satisfaction of the PCA.

 

Landscaping

94.     The landscaping shall be installed in accordance with the approved plans and specifications prior to occupation of the development and the landscaping must be maintained in accordance with the approved plans and specifications.

 

Certification is to be obtained from a suitably qualified Landscape Architect and submitted to the Principal Certifying Authority (PCA) (and Council, if Council is not the PCA) prior to the occupation of the development, which confirms that the landscaping works have been completed in accordance with the approved landscaping plans and relevant conditions of development consent, to the satisfaction of the PCA.

 

Waste Management

95.     Prior to the occupation of the development, the owner or applicant is required to contact Council’s City Services department, to make the necessary arrangements for the provision of waste services for the reserve. The waste storage areas shall be clearly signposted.

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

96.     The use of the sports lighting shall be limited to five (5) nights a week, between the hours of 4pm to 9pm.

 

Environmental Amenity

97.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

GENERAL ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and requirements.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $3,000) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Demolition, building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from an Accredited Certifier or Council

§  An Accredited Certifier or Council has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA), Disability (Access to Premises – Buildings) Standards 2010 and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards.  You are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Any proposed amendments to the design and construction of the building may require a new development application or a section 96 amendment to the existing consent to be obtained from Council, before carrying out such works

 

A5      The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

A6      Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A7      This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§  the consent of the owners of such adjoining or supported land to trespass or encroach, or

§  an access order under the Access to Neighbouring Land Act 2000, or

§  an easement under section 88K of the Conveyancing Act 1919, or

§  an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A8      Finished ground levels external to the building are to be consistent with the development consent and are not to be raised, other than for the provision of approved paving or the like on the ground.

 

External paths and ground surfaces are to be constructed at appropriate levels and be graded and drained away from the building and adjoining premises, so as not to result in the entry of water into the building, or cause a nuisance or damage to any adjoining land.

 

A9      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A10     The necessary development consent and a construction certificate or a complying development certificate (as applicable) must be obtained for any proposed cooling towers and external plant and equipment, if not included in this consent.

 

A11     A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A12     An application must be submitted to an approved by Council prior to the installation and operation of any proposed greywater or wastewater treatment systems, in accordance with the Local Government Act 1993.

 

A13     There are to be no emissions or discharges from the premises, which will give rise to an environmental or public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

A14     Air conditioning plant and equipment shall not be operated during the following hours if the noise emitted can be heard within a habitable room in any other residential premises, or, as otherwise specified in relevant Noise Control Regulations:

 

§  before 8.00am or after 10.00pm on any Saturday, Sunday or public holiday; or

§  before 7.00am or after 10.00pm on any other day.

 

MOTION: (Procopiadis/Andrews) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D78/12     Development Application Report - 27 Liguria Street, Maroubra (DA/895/2011)

PL95/12

RESOLUTION: (Andrews/Seng) that the application be deferred for mediation between the applicant and the objectors in relation to offloading of equipment, parking of construction vehicles, traffic management and access to the geotechnical report and dilapidation issues.

 

MOTION: (Andrews/Seng) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 


 

 

D79/12     Development Application Report - 103 Botany Street, Randwick (DA/84/2010/B)

PL96/12

RESOLUTION: (Andrews/Bowen) that Council as the consent authority, grant its consent under Section 96 of the Environmental Planning and Assessment Act 1979 as amended to modify Development Consent No DA/84/2010/A for permission to modify the approved development to the health consulting rooms at 103 Botany Street Randwick in the following manner:

 

A.        Amend Condition No. 1 to read:

1.       The development must be implemented substantially in accordance with the plans numbered DA01 and DA04 received by Council on the 11 February 2010, DA02 and DA03 received by Council on 27 May 2010 and Landscaping Planting Plan received by Council 21 June 2010 the application form and on any supporting information received with the application, as amended by the Section 96 plans numbered CC01A, CC02A, CC03A, CC04A & CC05A dated 21/9/11 and received by Council on the 30th September 2011, as further amended by the Section 96 plans numbered DA100 Revision D and CD300 Revision D both dated 22.06.12 received by Council on the 22nd June 2012 only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, except as may be amended  by the following conditions and as may be shown in red on the attached plans:

 

MOTION: (Andrews/Bowen) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D80/12     Development Application Report - 15 Stanley Street, Randwick (DA/358/2012)

PL97/12

RESOLUTION: (Tracey/Mayor, Cr Nash) that Council as the consent authority grants development consent under Section 80 of the Environmental Planning and Assessment Act 1979 to Development Application No. 358/2012 for permission to install a car space to the front of the dwelling at 15 Stanley Street, Randwick subject to the following conditions:

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.                  The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

DA005

James McCarthy Design

5th June 2012

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

2.                  The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

Design Alignment levels

3.                  The design alignment level (the finished level of concrete, paving or the like) at the property boundary for all new driveways, access ramps and pathways or the like, shall be:

·        250mm above the top of the kerb at all points opposite the kerb along the full site frontage.

 

The design alignment levels at the property boundary as issued by Council and their relationship to the kerb must be indicated on the building plans for the construction certificate. The design alignment level at the street boundary, as issued by the Council, must be strictly adhered to.

 

Any enquiries regarding this matter should be directed to Council’s Development Engineer on 9399 0881.

 

4.                  The above alignment levels and the site inspection by Council’s Development Engineer have been issued at a prescribed fee of $135.00 (inclusive of GST). This amount is to be paid prior to a construction certificate being issued for the development.

 

Driveway Design

5.                  The gradient of the carspace must be designed and constructed to not exceed a grade of 1 in 20 (5%) and the levels of the carspace must match the alignment levels at the property boundary (as specified by Council). Details of compliance are to be included in the construction certificate documentation.

 

Stormwater Drainage

6.                  Stormwater run-off from the redeveloped portion of the site must be drained and discharged to the street gutter in front of the site to the satisfaction of the certifying authority and details of the proposed stormwater drainage system are to be included in the construction certificate details for the development.

 

Details of any works proposed to be carried out in or on a public road/footway are to be submitted to and approved by Council prior to commencement of works.

 

7.                  Detailed elevations and sections are to be provided, accurately indicating RLs of the front verandah, the front garden and the footpath.  The elevations and sections are to indicate the height, materials and finish of proposed planters, the treatment of the front wall of the dwelling below the level of the existing front verandah, any any propsoed changes to existing levels of Council's footpath and the grass verge. Detailed drawings are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Any proposed steps introduced in the footpath are to be referred to Council's Development Engineer for comment.

 

8.                  A report shall be prepared by a professional engineer and submitted to the certifying authority prior to the issuing of a construction certificate, detailing any required underpinning of the front wall of the eixisting dwelling.  The report, must demonstrate the suitability of the proposed methods to overcome any potential damage to the subject dwelling and the other half of the semi-detached pair.

 

Any practices or procedures specified in the engineer’s report in relation to the avoidance or minimisation of structural damage to nearby premises, must be fully complied with and incorporated into the documentation for the construction certificate.

 

A copy of the engineers report is to be submitted to the Council, if the Council is not the certifying authority.

 

9.                  The colours, materials and finishes of the external surfaces are to be compatible with the existing building and surrounding buildings in the heritage conservation area and consistent with the architectural style of the building.  Details of the proposed colours, materials and textures for the front wall of the dwelling below the level of the existing front verandah, the sides of the planters and the surface of the proposed car space (ie- a schedule and brochure/s or sample board) are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.

 

10.              A brief archival recording of the front part of the property shall be prepared and submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  This recording shall be in accordance with the NSW Heritage Office 2006 Guidelines for Photographic Recording of Heritage Items using Film or Digital Capture.  Two copies of the endorsed archival recording shall be presented to Council, one of which shall be placed in the Local History Collection of Randwick City Library. 

 

11.              Details of the design, height, materials and structure of the front fence and gates are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development.  Fencing and gates are to mathv as closely as possible the existing front fence and gates.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

12.              In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

13.              Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

Temporary Site Fencing

14.              Temporary site safety fencing must be provided to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5 metres).  Temporary site fences are to have a minimum height of 1.8 metres and be constructed of cyclone wire fencing, with geotextile fabric attached to the inside of the fence to provide dust control, or other material approved by Council.

 

Temporary site fences are to be structurally adequate, safe and be constructed in a professional manner and the use of poor quality materials or steel reinforcement mesh as fencing is not permissible.

 

Temporary fences must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction.

 

If it is proposed to locate any site fencing, hoardings or amenities upon any part of the footpath, nature strip or public place, a Local Approval application must be submitted to and approved by Council’s Health, Building & Regulatory Services before placing any item or article on the road, footpath or nature strip.

 

Construction Site Management Plan

15.              A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·            location and construction of protective fencing / hoardings to the perimeter of the site;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Demolition Work Plan

16.              A Demolition Work Plan must be prepared for the development in accordance with Australian Standard AS2601-2001, Demolition of Structures and relevant environmental/occupational health and safety requirements.

 

The Demolition Work Plan must include the following information (as applicable):

·              The name, address, contact details and licence number of the Demolisher /Asbestos Removal Contractor

·              Details of hazardous materials (including asbestos)

·              Method/s of demolition (including removal of any asbestos)

·              Measures and processes to be implemented to ensure the health & safety of workers and community

·              Measures to be implemented to minimise any airborne dust and asbestos

·              Methods and location of disposal of any hazardous materials (including asbestos)

·              Other relevant details, measures and requirements to be implemented

·              Details of re-use, recycling and disposal of waste demolition/building materials

·              Date the demolition works will commence

 

The Demolition Work Plan must be submitted to the Principal Certifying Authority (PCA), not less than two (2) working days before commencing any demolition work.  A copy of the Demolition Work Plan must be maintained on site and be made available to Council officers upon request.

 

If the work involves asbestos products or materials, a copy of the Demolition Work Plan must also be provided to Council not less than 2 days before commencing those works.

 

Notes

§                It is the responsibility of the persons undertaking demolition work to obtain the relevant WorkCover licences and permits.

§                Refer to the conditions within the “Requirements During Construction & Site Work”, for further details and requirements relating to demolition work, removal of any asbestos and public safety.

 

Sydney Water

17.              Prior to the commencement of excavation or building works, the approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

Public Utilities

18.              A Public Utility Impact Assessment must be carried out on all public utility services on the site, roadway, nature strip, footpath, public reserve or any public areas associated with and/or adjacent to the development/building works and include relevant information from public utility authorities and exploratory trenching or pot-holing, if necessary, to determine the position and level of service.

 

19.              The applicant must meet the full cost for telecommunication companies, gas providers, Ausgrid, and Sydney Water to adjust/repair/relocate their services as required.  The applicant must make the necessary arrangements with the service authority.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections During Construction

20.              The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Site Signage

21.              A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·              name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

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

·              a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

22.              Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·     Monday to Friday - 7.00am to 5.00pm

·     Saturday - 8.00am to 5.00pm

·     Sunday & public holidays - No work permitted

Excavating of rock, use of jack-hammers, pile-drivers, vibratory rollers/compactors or the like

 

·     Monday to Friday - 8.00am to 5.00pm

·     Saturday - No work permitted

·     Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Demolition Work Requirements

23.              The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·              Occupational Health & Safety Act 2000 & Regulations

·              WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·              WorkCover NSW Guidelines and Codes of Practice

·              Australian Standard 2601 (2001) – Demolition of Structures

·              The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005

·              Relevant DECCW/EPA Guidelines

·              Randwick City Council Asbestos Policy

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

Sediment & Erosion Control

24.              Sediment and erosion control measures, must be implemented throughout the site works in accordance with the manual for Managing Urban Stormwater – Soils and Construction, published by Landcom, to Council’s satisfaction.  Details are to be included in the Construction Site Management Plan.

 

Public Safety & Site Management

25.              Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

·             Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·             The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·             Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·             Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

·             Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

Support of Adjoining Land, Excavations & Retaining Walls

26.              In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 E of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that the adjoining land and buildings located upon the adjoining land must be adequately supported at all times.

 

Building Encroachments

27.              There must be no encroachment of any structures or building work onto Council’s road reserve, footway, nature strip or public place.

 

28.              Protective measures are to be put in place during constuction of the works to avoid further loss of existing tesselated tiles to the remnant of the original front verandah.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

29.              An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

Council’s Infrastructure, Vehicular Crossings, street verge

30.              Prior to the issuing of an occupation certificate the applicant must meet the full cost for Council or a Council approved contractor to:

 

a)                 Construct a 3.0m wide concrete vehicular crossing and layback at kerb opposite the vehicular entrance to the site.

 

b)                 Undertake any re-grading works upon Council’s street verge in front of the site as required.

 

31.              The applicant must meet the full cost for Council or a Council approved contractor to repair/replace any damaged sections of Council's footpath, kerb & gutter, nature strip etc which are due to building works being carried out at the above site. This includes the removal of cement slurry from Council's footpath and roadway.

 

32.              All external civil work to be carried out on Council property (including the installation and repair of roads, footpaths, vehicular crossings, kerb and guttering and drainage works), must be carried out in accordance with Council's Policy for "Vehicular Access and Road and Drainage Works" and the following requirements:

 

a)         All work on Council land must be carried out by Council, unless specific written approval has been obtained from Council to use non-Council contractors.

 

b)         Details of the proposed civil works to be carried out on Council land must be submitted to Council in a Pre-paid Works Application Form, prior to issuing an occupation certificate, together with payment of the relevant fees.

 

c)         If it is proposed to use non-Council contractors to carry out the civil works on Council land, the work must not commence until the written approval has been obtained from Council and the work must be carried out in accordance with the conditions of consent, Council’s design details and payment of a Council design and supervision fee.

 

d)         The civil works must be completed in accordance with Council’s conditions of consent and approved design and construction documentation, prior to occupation of the development, or as otherwise approved by Council in writing.

 

33.              That part of the naturestrip upon Council's footway which is damaged during the construction of the proposed works shall be excavated to a depth of 150mm, backfilled with topsoil equivalent with 'Organic Garden Mix' as supplied by Australian Native Landscapes, and re-turfed with Kikuyu turf or similar. Such works shall be completed at the applicant’s expense prior to the issue of a final Occupation Certificate.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1                The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2                Demolition, building or excavation work must not be commenced until;

 

§             A Construction Certificate has been obtained from Council or an Accredited Certifier

§             Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

§             Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3                Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A4                A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

§             Install or erect any site fencing, hoardings or site structures

§             Operate a crane or hoist goods or materials over a footpath or road

§             Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5                Specific details of the location of the building/s should be provided in the Construction Certificate to demonstrate that the proposed building work will not encroach onto the adjoining properties, Council’s road reserve or any public place, to the satisfaction of the Certifying Authority.

 

A6                Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

A7                This consent does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public.  Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is proposed to be carried out upon any adjoining or supported land, the land owner or principal contractor must obtain:

 

§             the consent of the owners of such adjoining or supported land to trespass or encroach, or

§             an access order under the Access to Neighbouring Land Act 2000, or

§             an easement under section 88K of the Conveyancing Act 1919, or

§             an easement under section 40 of the Land & Environment Court Act 1979, as appropriate.

 

Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land.  Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

 

A8      The applicant is to advise Council in writing and/or photographs of any signs of existing damage to the Council roadway, footway, or verge prior to the commencement of any building/demolition works.

 

MOTION: (Tracey/Mayor, Cr Nash) CARRIED - SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Matson

Councillor Belleli

Councillor Woodsmith

Councillor Bowen

 

Councillor Hughes

 

Councillor Nash

 

Councillor Procopiadis

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor White

 

Total (11)

Total (2)

 

 


 

 

D81/12     Development Application Report - 53 Rainbow Street, Kingsford (DA/43/2012)

PL98/12

RESOLUTION: (Woodsmith/Andrews) that Council, as the consent authority, refuses consent to Development Application No. 43/2012 for demolition of existing dwelling and construction of two (2) storey 11 bed boarding house and associated works (SEPP1 Objections to floor space ratio and maximum height controls) at No. 53 Rainbow Street, Kingsford, pursuant to Section 80(1)(b) of the Environmental Planning and Assessment Act 1979, as amended, for the following reasons:

 

1.     The proposal does not provide an acceptable design solution in order to accommodate required motorcycle parking. As a result, the application fails to meet the minimum requirements of Clause 30 (h) of the SEPP (Affordable Rental Housing) 2009.

 

2.     The proposal does not satisfy the minimum preferred parking rate provided within Clause 29 (e)(i) of the SEPP (Affordable Rental Housing) 2009, nor the parking rate specified within the Randwick Parking DCP.

 

3.     The site is unsuitable for the proposed intensive residential use having regards to parking issues and site specific constraints.

 

4.     Pursuant to Clause 7 of State Environmental Planning Policy No. 1 – Development Standards, the application does not provide sufficient evidence to demonstrate the purpose of Clause 20F of Randwick Local Environmental Plan 1998 will be achieved, having regard to the size and scale of the development and the environmental amenity of the area. 

 

5.     Pursuant to Clause 7 of State Environmental Planning Policy No. 1 – Development Standards, the application does not provide sufficient evidence to demonstrate the purpose of Clause 20G of Randwick Local Environmental Plan 1998 will be achieved, having regard to the environmental amenity of the area. 

 

6.     The proposal does not satisfy the key zoning objectives in relation to maintaining the desirable attributes of established residential areas and protecting the amenity of residents. The intensity of the operation supported by the scale of the development is not considered appropriate for the low density residential area

 

7.     The proposal is considered to be inconsistent with the character of the local area, as required by Clause 30A of SEPP (Affordable Rental Housing) 2009. The proposed built form promotes an intense residential use that will result in detrimental and unreasonable amenity impacts upon the character of the surrounding area.

 

8.     The proposal is not within public interest and does not satisfy Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979.

 

MOTION: (Stevenson/Bowen) that the application be deferred to enable the submission of amended plans and to allow the applicant to more adequately address the SEPP1 objection.

 

AMENDMENT: (Woodsmith/Andrews) CARRIED AND BECAME THE MOTION.

MOTION: (Woodsmith/Andrews) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 


 

 

D82/12     Development Application Report - 1 Fleming Street, Little Bay (DA/1113/2010/D)

PL99/12

RESOLUTION: (Andrews/Bowen) that Council as the responsible Consent Authority grant consent under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No DA/1113/2010 by altering the parking and storage layout of the basement car park to provide 9 additional car spaces, changes to the internal configurations and mix of dwellings, alterations and additions to the facade treatment and eaves of buildings A and B, and changes to the private open space for the dwellings at 1 Fleming Street, Little Bay, in the following manner: 

 

A         Amend Condition No. 1 to read:

1.  The development must be implemented substantially in accordance with the following plans:

 

Plan Number

Dated

Received

Prepared By

A0.001 (2)

17-12-10

17 December 2010

Bates Smart Pty Limited

A0.002 (3)

17-12-10

17 December 2010

A1.001 (2)

17-12-10

17 December 2010

A1.002 (6)

17-12-10

17 December 2010

A2.00 (6)

17-12-10

17 December 2010

A2.001 (6)

17-12-10

17 December 2010

A2.007 (9)

23-07-12

25 July 2012

A2.01 (7)

17-12-10

17 December 2010

A2.02 (6)

17-12-10

17 December 2010

A2.03 (6)

17-12-10

17 December 2010

A2.04 (7)

17-12-10

17 December 2010

A2.05 (7)

17-12-10

17 December 2010

A2.06 (6)

17-12-10

17 December 2010

A2.07 (6)

17-12-10

17 December 2010

A2.08 (6)

17-12-10

17 December 2010

A5.001 (1)

17-12-10

17 December 2010

A5.002 (1)

17-12-10

17 December 2010

A7.001 (8)

23-07-12

25 July 2012

A7.002 (8)

23-07-12

25 July 2012

A7.003 (4)

17-12-10

17 December 2010

A8.001 (4)

17-12-10

17 December 2010

 

A8.002 (4)

17-12-10

17 December 2010

A8.003 (4)

17-12-10

17 December 2010

A8.004 (1)

17-12-10

17 December 2010

Draft subdivision plans

dated 14 Dec 2010 and 17 December 2010

17 December 2010

Denny Linker and Co.

Screen Details (Heritage Presentation – 11 February 2011)

 

17 March 2011

Bates Smart Pty Limited

 

only in so far as they relate to the modifications highlighted on the Section 96 plans and detailed in the Section 96 application, and as amended by the following Section 96 plans “D”:

 

Plan Number

Dated

Received

Prepared By

 

A2.000 (6)

24-05-12

13 June 2012

Bates Smart Pty Limited

 

A2.001 (7)

24-05-2012

13 June 2012

 

A2.002 (7)

24-05-2012

13 June 2012

 

A2.003 (7)

24-05-2012

13 June 2012

 

A2.004 (7)

24-05-2012

13 June 2012

 

A2.005 (6)

24-05-2012

13 June 2012

 

A2.006 (6)

24-05-2012

13 June 2012

 

A2.007 (9)

23-07-2012

25 July 2012

 

A2.008 (6)

24-05-2012

13 June 2012

 

A2.009 (6)

24-05-2012

13 June 2012

 

A7.001 (8)

23-07-2012

25 July 2012

 

A7.002 (8)

23-07-2012

25 July 2012

 

A7.003 (5)

24-05-2012

13 June 2012

 

A8.001 (4)

24-05-2012

13 June 2012

 

A8.002 (4)

24-05-2012

13 June 2012

 

A8.003 (4)

24-05-2012

13 June 2012

 

 

 

 

 

 

Amended BASIX provisions as contained in BASIX Assessment: Report No. 20C-08-0087-TRP-462762-4

dated 19 June 2012

31 July 2012

VIPAC Engineers and Scientists Ltd

 

the application form and any supporting information received with the application, except as may be amended by the following conditions and as may be shown in red on the attached plans:

 

B         Amend Condition No. 5 to read:

5.     Public access to the car parking spaces is to be maintained at all times and an intercom system is to be provided adjacent to the vehicular entrance to the car park, together with appropriate signage providing instructions for use.

 

A total of 209 car parking spaces (including 11 disabled spaces and no more than 12 visitor spaces) are to be provided and maintained within the basement car park of Buildings ‘A’ and ‘B’.

 

Each unit must be allocated at least one (1) car space.  The remaining spaces (25) must be allocated according to the following:

Nil (0) to two (2) EXTRA spaces per three (3) bedroom unit

Nil (0) to one (1) extra space per two (2) bedroom unit. 

Details of compliance are to be indicated on the Construction Certificate plans and final strata subdivision plans.

 

C       Add Condition No. 145 as follows:

145.  The original names of the Heffron building and the Delaney building are to be retained in all documentation relating to the buildings including drawings and future marketing material, in accordance with Interpretation policies contained in the Specific Elements Conservation Policy prepared by Otto Cserhalmi and Partners dated June 2008.  Amended drawings are to be submitted to and approved by Council’s Director City Planning, in accordance with Section 80A (2) of the Environmental Planning and Assessment Act 1979 prior to a construction certificate being issued for the development. 

 

D       Add Condition No. 146 as follows:

146.  The development must be implemented substantially in accordance with the specific Terms of Approval issued by the Heritage Council of NSW detailed in the letter from the Council dated 6 July 2012 as follows:

 

§ The brick elements of Buildings A and B are to be as close as possible in colour to the brick used on the Delaney Building;

§ The site boundary wall is to be constructed of the same brick used for Buildings A and B;

§ An application under section 65A of the NSW Heritage Act is be submitted and approved by the NSW Heritage Council prior to work commencing.

 

Details of the proposed colours, materials and textures for the brick elements of Buildings A and B and the site boundary wall are to be submitted to and approved by Council’s Manager Development Assessments prior to issuing a construction certificate for the development

 

MOTION: (Andrews/Bowen) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D83/12     Development Application Report - 34 Winchester Road, Clovelly (DA/415/2012)

PL100/12

RESOLUTION: (Tracey/Bowen) that Council, as the consent authority, grants development consent under Sections 80 and 80A of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 415/2012 for alterations and additions to the existing dwelling at 34 Winchester Road, Clovelly subject to the following conditions:

 

GENERAL CONDITIONS

The development must be carried out in accordance with the following conditions of consent.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of environmental amenity.

 

Approved Plans & Supporting Documentation

1.       The development must be implemented substantially in accordance with the plans and supporting documentation listed below and endorsed with Council’s approved stamp, except where amended by Council in red and/or by other conditions of this consent:

 

Plan

Drawn by

Dated

Sheets 1-7 all Issue D

Darek Szymanski

27.06.12

 

BASIX Certificate

No.

Dated

 

A138017

27 June 2012

 

 2.      The maximum height of the proposed first floor addition shall be reduced by 300mm and not exceed RL 41.275.

 

REQUIREMENTS BEFORE A CONSTRUCTION CERTIFICATE CAN BE ISSUED

The following conditions of consent must be complied with before a ‘Construction Certificate’ is issued by either Randwick City Council or an Accredited Certifier.  All necessary information to demonstrate compliance with the following conditions of consent must be included in the documentation for the construction certificate.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent conditions and to achieve reasonable levels of environmental amenity.

 

Consent Requirements

3.       The requirements and amendments detailed in the ‘General Conditions’ must be complied with and be included in the construction certificate plans and associated documentation.

 

External Colours, Materials & Finishes

4.       The colours, materials and finishes of the external surfaces are to be consistent with the external finishes and colours schedule dated 27th June 2012 submitted with the Development Application.

 

Section 94A Development Contributions

5.       In accordance with Council’s Section 94A Development Contributions Plan effective from 2 July 2007, based on the development cost of $ 423 156, the following applicable monetary levy must be paid to Council: $ 4 231.55.

       

The levy must be paid in cash, bank cheque or by credit card prior to a construction certificate [or subdivision certificate] being issued for the proposed development.  The development is subject to an index to reflect quarterly variations in the Consumer Price Index (CPI) from the date of Council’s determination to the date of payment.

 

Council’s Section 94A Development Contribution Plans may be inspected at the Customer Service Centre, Administrative Centre, 30 Frances Street, Randwick or at www.randwick.nsw.gov.au.

 

Long Service Levy Payments

6.       The required Long Service Levy payment, under the Building and Construction Industry Long Service Payments Act 1986, must be forwarded to the Long Service Levy Corporation or the Council, in accordance with Section 109F of the Environmental Planning & Assessment Act 1979.

 

At the time of this development consent, Long Service Levy payment is applicable on building work having a value of $25,000 or more, at the rate of 0.35% of the cost of the works.

 

REQUIREMENTS TO BE INCLUDED IN THE CONSTRUCTION CERTIFICATE

The requirements contained in the following conditions of consent must be complied with and details of compliance must be included in the construction certificate for the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Councils development consent conditions and to achieve reasonable levels of environmental amenity.

 

Compliance with the Building Code of Australia

7.       In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, it is a prescribed condition that all building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA).  Details of compliance with the BCA are to be included in the construction certificate application.

 

Smoke Alarms

8.       Smoke alarms are required to be installed in accordance with the relevant provisions of the Building Code of Australia (volume 2) smoke alarms must comply with AS3786.  Smoke alarms must be connected to the consumer mains electric power supply and provided with a battery back-up.  Details of compliance are to be included in the construction certificate.

 

BASIX Requirements

9.       In accordance with section 80A(11) of the Environmental Planning & Assessment Act 1979 and clause 97A of the Environmental Planning & Assessment Regulation 2000, the requirements and commitments contained in the relevant BASIX Certificate must be complied with.

 

The required commitments listed and identified in the BASIX Certificate must be included on the construction certificate plans, specifications and associated documentation, to the satisfaction of the Certifying Authority.

 

The design of the building must not be inconsistent with the development consent and any proposed variations to the building to achieve the BASIX commitments may necessitate a new development consent or amendment to the existing consent to be obtained, prior to a construction certificate being issued.

 

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

The following conditions of consent must be complied with prior to the commencement of any works on the site.  The necessary documentation and information must be provided to the Council or the ‘Principal Certifying Authority’, as applicable.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity.

 

Construction Certificate, Principal Certifying Authority & Commencement of Works

10.     Prior to the commencement of any building works, the following requirements must be complied with:

 

a)     a Construction Certificate must be obtained from the Council or an accredited certifier, in accordance with the provisions of the Environmental Planning & Assessment Act 1979.

 

A copy of the construction certificate, the approved development consent plans and consent conditions must be kept on the site at all times and be made available to the Council officers and all building contractors for assessment.

 

b)     a Principal Certifying Authority (PCA) must be appointed to carry out the necessary building inspections and to issue an occupation certificate; and

 

c)     a principal contractor must be appointed for the building work, or in relation to residential building work, an owner-builder permit may be obtained in accordance with the requirements of the Home Building Act 1989, and the PCA and Council are to be notified accordingly; and

 

d)     the principal contractor must be advised of the required critical stage inspections and other inspections to be carried out, as specified by the Principal Certifying Authority; and

 

e)     at least two days notice must be given to the Council, in writing, prior to commencing any works.

 

In relation to residential building work, the principal contractor must be the holder of a contractor licence, in accordance with the provisions of the Home Building Act 1989.

 

Home Building Act 1989

11.     In accordance with section 80 A (11) of the Environmental Planning & Assessment Act 1979 and clause 98 of the Environmental Planning & Assessment Regulation 2000, the requirements of the Home Building Act 1989 must be complied with.

 

Details of the Licensed Building Contractor and a copy of the relevant Certificate of Home Warranty Insurance or a copy of the Owner-Builder Permit (as applicable) must be provided to the Principal Certifying Authority and Council.

 

Construction Site Management Plan

12.     A Construction Site Management Plan must be developed and implemented prior to the commencement of any works. The construction site management plan must include the following measures, as applicable to the type of development:

 

·            location and construction of protective fencing/hoardings to the perimeter of the site;

·            location of site storage areas/sheds/equipment;

·            location of building materials for construction;

·            provisions for public safety;

·            dust control measures;

·            site access location and construction

·            details of methods of disposal of demolition materials;

·            protective measures for tree preservation;

·            provisions for temporary sanitary facilities;

·            location and size of waste containers/bulk bins;

·            details of proposed sediment and erosion control measures;

·            provisions for temporary stormwater drainage;

·            construction noise and vibration management;

·            construction traffic management details.

 

The site management measures must be implemented prior to the commencement of any site works and be maintained throughout the works, to the satisfaction of Council.

 

A copy of the Construction Site Management Plan must be provided to the Principal Certifying Authority and Council prior to commencing site works.  A copy must also be maintained on site and be made available to Council officers upon request.

 

Sydney Water

13.     All building, plumbing and drainage work must be carried out in accordance with the requirements of the Sydney Water Corporation.

 

Prior to the commencement of excavation or building works, the approved Construction Certificate plans must be submitted to a Sydney Water Quick Check agent or Customer Centre, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if any further requirements need to be met. 

 

If suitable, the plans will be appropriately stamped.  For Quick Check agent details please refer to Sydney Water’s web site at www.sydneywater.com.au and go to the Building, Developing and Plumbing, then Quick Check or Building and Renovating or telephone 13 20 92.

 

The principal certifying authority must ensure that a Quick Check Agent/Sydney Water has appropriately stamped the plans before commencing works.

 

REQUIREMENTS DURING CONSTRUCTION & SITE WORK

The following conditions of consent must be complied with during the demolition, excavation and construction of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000 and to provide reasonable levels of public health, safety and environmental amenity during construction.

 

Inspections During Construction

14.     The building works must be inspected by the Principal Certifying Authority, in accordance with sections 109 E (3) of the Environmental Planning & Assessment Act 1979 and clause 162A of the Environmental Planning & Assessment Regulation 2000, to monitor compliance with the relevant standards of construction, Council’s development consent and the construction certificate.

 

The Principal Certifying Authority must specify the relevant stages of construction to be inspected and a satisfactory inspection must be carried out, to the satisfaction of the Principal Certifying Authority, prior to proceeding to the subsequent stages of construction or finalisation of the works (as applicable).

 

Site Signage

15.     A sign must be erected and maintained in a prominent position on the site for the duration of the works, which contains the following details:

 

·           name, address, contractor licence number and telephone number of the principal contractor, including a telephone number at which the person may be contacted outside working hours, or owner-builder permit details (as applicable)

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

·           a statement stating that “unauthorised entry to the work site is prohibited”.

 

Restriction on Working Hours

16.     Building, demolition and associated site works must be carried out in accordance with the following requirements:

 

Activity

Permitted working hours

All building, demolition and site work, including site deliveries (except as detailed below)

·   Monday to Friday - 7.00am to 5.00pm

·   Saturday - 8.00am to 5.00pm

·   Sunday & public holidays - No work permitted

 

An application to vary the abovementioned hours may be submitted to Council’s Manager Health, Building & Regulatory Services for consideration and approval to vary the specified hours may be granted in exceptional circumstances and for limited occasions (e.g. for public safety, traffic management or road safety reasons).  Any applications are to be made on the standard application form and include payment of the relevant fees and supporting information.  Applications must be made at least 10 days prior to the date of the proposed work and the prior written approval of Council must be obtained to vary the standard permitted working hours.

 

Demolition Work Requirements

17.     The demolition of buildings and the removal, storage, handling and disposal of building materials must be carried out in accordance with the relevant requirements of WorkCover NSW, the NSW Department of Environment, Climate Change & Water and Randwick City Council policies, including:

 

·           Occupational Health & Safety Act 2000 & Regulations

·           WorkCover NSW Code of Practice for the Safe Removal of Asbestos

·           WorkCover NSW Guidelines and Codes of Practice

·           Australian Standard 2601 (2001) – Demolition of Structures

·           The Protection of the Environment Operations Act 1997 and Protection of the Environment Operations (Waste) Regulation 2005

·           Relevant DECCW/EPA Guidelines

·           Randwick City Council Asbestos Policy

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development section or a copy can be obtained from Council’s Customer Service Centre.

 

Removal of Asbestos Materials

18.     Work involving the demolition, storage or disposal of asbestos products and materials must be carried out in accordance with the following requirements:

 

·           Relevant Occupational Health & Safety legislation and WorkCover NSW requirements

 

·           Randwick City Council’s Asbestos Policy

 

·           A WorkCover licensed demolition or asbestos removal contractor must undertake removal of more than 10m2 of bonded asbestos (or as otherwise specified by WorkCover or relevant legislation).  Removal of friable asbestos material must only be undertaken by contractor that holds a current friable asbestos removal licence.  A copy of the relevant licence must be provided to the Principal Certifying Authority.

 

·           On sites involving the removal of asbestos, a sign must be clearly displayed in a prominent visible position at the front of the site, containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and include details of the licensed contractor.

 

·           Asbestos waste must be stored, transported and disposed of in compliance with the Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Waste) Regulation 2005.  Details of the landfill site (which must be lawfully able to receive asbestos materials) must be provided to the Principal Certifying Authority.

 

·           A Clearance Certificate or Statement, prepared by a suitably qualified person (ie an occupational hygienist, licensed asbestos removal contractor, building consultant, architect or experienced licensed building contractor), must be provided to Council and the Principal certifying authority upon completion of the asbestos related works which confirms that the asbestos material have been removed appropriately and the relevant conditions of consent have been satisfied.

 

A copy of Council’s Asbestos Policy is available on Council’s web site at www.randwick.nsw.gov.au in the Building & Development Section or a copy can be obtained from Council’s Customer Service Centre.

 

Public Safety & Site Management

19.     Public safety and convenience must be maintained at all times during demolition, excavation and construction works and the following requirements must be complied with:

 

·          Building materials, sand, soil, waste materials, construction equipment or other articles must not be placed upon the footpath, roadway or nature strip at any time.

 

·          The road, footpath, vehicular crossing and nature strip must be maintained in a good, safe, clean condition and free from any excavations, obstructions, trip hazards, goods, materials, soils or debris at all times.  Any damage caused to the road, footway, vehicular crossing, nature strip or any public place must be repaired immediately, to the satisfaction of Council.

 

·          Building operations such as brick cutting, washing tools or equipment and mixing mortar are not permitted on public footpaths, roadways, nature strips, in any public place or any location which may lead to the discharge of materials into the stormwater drainage system.

 

·          Bulk bins/waste containers must not be located upon the footpath, roadway or nature strip at any time without the prior written approval of the Council.  Applications to place a waste container in a public place can be made to Council’s Health, Building and Regulatory Services department.

 

·          Temporary safety fencing is to be provided to any swimming pools under construction, pending the completion of all building work and the pool must not be filled until a fencing inspection has been carried out and approved by the principal certifying authority.

 

20.     Prior to undertaking any demolition, excavation or building work in the following circumstances, a report must be obtained from a professional engineer which details the methods of support for the dwelling or associated structure on the adjoining land, to the satisfaction of the Principal Certifying Authority:

 

·      when undertaking excavation or building work within the zone of influence of the footings of a dwelling or associated structure that is located on the adjoining land;

·      when undertaking demolition work to a wall of a dwelling that is built to a common or shared boundary (eg. semi-detached or terrace dwelling);

·      when constructing a wall to a dwelling or associated structure that is located within 900mm of a dwelling located on the adjoining land.

 

The demolition, excavation and building work and the provision of support to the dwelling or associated structure on the adjoining land, must also be carried out in accordance with the abovementioned report, to the satisfaction of the Principal Certifying Authority.

 

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions of consent must be complied with prior to the ‘Principal Certifying Authority’ issuing an ‘Occupation Certificate’.

 

Note:  For the purpose of this consent, any reference to ‘occupation certificate’ shall also be taken to mean ‘interim occupation certificate’ unless otherwise stated.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health, safety and amenity.

 

Occupation Certificate Requirements

21.     An Occupation Certificate must be obtained from the Principal Certifying Authority prior to any occupation of the building work encompassed in this development consent (including alterations and additions to existing buildings), in accordance with the relevant provisions of the Environmental Planning & Assessment Act 1979.

 

An Occupation Certificate must not be issued for the development if the development is inconsistent with the development consent.  The relevant requirements of the Environmental Planning & Assessment Act 1979 and conditions of development consent must be satisfied prior to the issuing of an occupation certificate.

 

BASIX Requirements

22.     In accordance with Clause 154B of the Environmental Planning & Assessment Regulation 2000, a Certifying Authority must not issue an Occupation Certificate for this development, unless it is satisfied that each of the required BASIX commitments have been fulfilled.

 

Relevant documentary evidence of compliance with the BASIX commitments is to be forwarded to the Council upon issuing an Occupation Certificate.

 

Occupant Safety

23.     Openable windows to a room, corridor, stairway or the like with a floor level more than 4m above the external ground/surface level, must be designed and constructed to reduce the likelihood of a child accessing and falling through the window opening.

 

Options may include one or more of the following measures:

 

·           The window having a minimum sill height of 1.5m above the internal floor level,

·           Providing a window locking device at least 1.5m above the internal floor level,

·           Fixing or securing the window (e.g. by screws or a window locking device) to restrict or to be able to secure the extent of the opening to a maximum width of 125mm,

·           Installing a fixed heavy-duty gauge metal screen over the opening (e.g. A metal security screen or metal security mesh and frame system, but not standard fly-screen material),

·           Other appropriate effective safety measures or barrier.

 

The relevant measures must be implemented prior to the issue of an occupation certificate.

 

 

OPERATIONAL CONDITIONS

The following operational conditions must be complied with at all times, throughout the use and operation of the development.

 

These conditions have been applied to satisfy the relevant requirements of the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, Council’s development consent and to maintain reasonable levels of public health and environmental amenity.

 

External Lighting

24.     External lighting to the premises must be designed and located so as to minimise light-spill beyond the property boundary or cause a public nuisance.

 

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning & Assessment Act 1979, Environmental Planning & Assessment Regulation 2000, or other relevant legislation and Council’s policies.  This information does not form part of the conditions of development consent pursuant to Section 80A of the Act.

 

A1      The requirements and provisions of the Environmental Planning & Assessment Act 1979 and Environmental Planning & Assessment Regulation 2000, must be fully complied with at all times.

 

Failure to comply with these requirements is an offence, which renders the responsible person liable to a maximum penalty of $1.1 million.  Alternatively, Council may issue a penalty infringement notice (for up to $1,500) for each offence.  Council may also issue notices and orders to demolish unauthorised or non-complying building work, or to comply with the requirements of Council’s development consent.

 

A2      Demolition, building or excavation work must not be commenced until;

 

§  A Construction Certificate has been obtained from Council or an Accredited Certifier

§  Council or an Accredited Certifier has been appointed as the Principal Certifying Authority for the development

§  Council and the Principal Certifying Authority have been given at least 2 days notice (in writing) prior to commencing any works.

 

A3      This determination does not include an assessment of the proposed works under the Building Code of Australia (BCA) and other relevant Standards.  All new building work (including alterations and additions) must comply with the BCA and relevant Standards and you are advised to liaise with your architect, engineer and building consultant prior to lodgement of your construction certificate.

 

A4      Council’s Building Approvals & Certification team can issue Construction Certificates and be your Principal Certifying Authority for the development, to undertake inspections and ensure compliance with the development consent, relevant building regulations and standards of construction.  For further details contact Council’s Building Approvals & Certification team on 9399 0944.

 

A5      A Local Approval application must be submitted to and be approved by Council's Building Approvals & Certification team prior to commencing any of the following activities on a footpath, road, nature strip or in any public place:-

 

§  Install or erect any site fencing, hoardings or site structures

§  Operate a crane or hoist goods or materials over a footpath or road

§  Placement of a waste skip or any other container or article.

 

For further information please contact Council’s Building Approvals & Certification team on 9399 0944.

 

A6      Prior to commencing any works, the owner/builder should contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au and relevant Service Authorities, for information on potential underground pipes and cables within the vicinity of the development site.

 

MOTION: (Tracey/Bowen) CARRIED UNANIMOUSLY - SEE RESOLUTION.

 

 

 

D84/12     Development Application Report - 220-220A Clovelly Road, Randwick (DA/405/2011)

 

MOTION: (Stevenson/Woodsmith) that the application be deferred for mediation.

 

MOTION: (Stevenson/Woodsmith) CARRIED - SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor White

Councillor Belleli

 

Councillor Bowen

 

Councillor Hughes

 

Councillor Matson

 

Councillor Nash

 

Councillor Procopiadis

 

Councillor Seng

 

Councillor Smith

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor Woodsmith

 

Total (12)

Total (1)

 

 

 

D85/12     Development Application Report - 20 Gordon Avenue, Coogee (DA/340/2012)

PL101/12

RESOLUTION: (Stevenson/Matson) that the application be deferred for mediation.

 

MOTION: (Stevenson/Matson) CARRIED - SEE RESOLUTION.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Hughes

Councillor Andrews

Councillor Matson

Councillor Belleli

Councillor Nash

Councillor Bowen

Councillor Procopiadis

Councillor Tracey

Councillor Seng

Councillor White

Councillor Smith

 

Councillor Stevenson

 

Councillor Woodsmith

 

Total (8)

Total (5)

 

Miscellaneous Reports

Nil.  

 


Notice of Rescission Motions

 

NR6/12     Notice of Rescission Motion - Notice of Rescission Motion from Crs Andrews, Matthews and White - 2 Goodwood Street, Kensington (DA/195/2012)

 

MOTION: (Andrews/White) that the resolution passed at the Ordinary Council meeting held on Tuesday 24 July 2012 reading as follows:

 

‘RESOLUTION: (Bowen/Seng) that the matter be deferred to allow the applicant to provide Council with a detailed Geotechnical report and structural design of the proposed building.’

 

BE AND IS HEREBY RESCINDED. LOST.

 

A DIVISION was taken and the names of the Councillors voting FOR and AGAINST were as follows:

 

FOR

AGAINST

Councillor Andrews

Councillor Belleli

Councillor Smith

Councillor Bowen

Councillor White

Councillor Hughes

 

Councillor Matson

 

Councillor Nash

 

Councillor Procopiadis

 

Councillor Seng

 

Councillor Stevenson

 

Councillor Tracey

 

Councillor Woodsmith

Total (3)

Total (10)

  

 

The meeting closed at 8.49pm.

 

 

The minutes of this meeting were confirmed at the Planning Committee Meeting of the Council of the City of Randwick held on Tuesday, 9 October 2012.

 

 

 

 

 

 

...................................................

CHAIRPERSON