Land and Environment Court of New South Wales CITATION : Tradelink Constructions Pty Limited v Holroyd Council [2004] NSWLEC 465 APPLICATION Tradelink Constructions Pty Limited PARTIES : RESPONDENT Holroyd Council FILE NUMBER(S) : 11288 of 2003 CORAM: Hussey C Development Application :- bulk and scale KEY ISSUES: streetscape increased traffic LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Holroyd LEP 1991 CASES CITED: DATES OF HEARING: 17/06/04 and 4/08/04 EX TEMPORE 08/04/2004 JUDGMENT DATE : APPLICANT Mr D. Baird, solicitor SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENT Mr G. McKee, solicitor SOLICITOR McKees Legal JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Commissioner Hussey 4 August 2004 11288 of 2003 Tradelink Constructions Pty Limited –v- Holroyd Council JUDGMENT 1 The appeal was lodged against Council's refusal of a development application proposing the construction of a four storey mixed development at 33 Sherwood Road Merrylands. The development consists of one commercial tenancy and 18 x 2 and 3 x 3 bedroom residential units over two levels of basement car parking. 2 The land is zoned business general 3A under Holroyd LEP 1991 and the proposal is permissible with consent. 3 In so far as a number of issues were initially raised, subsequent conferencing between the experts resulted in joint agreements by those experts, substantially reducing the outstanding matters. 4 A site inspection was undertaken and further evidence was given by a number of residents on site. Their concerns related mainly to the bulk and scale of the building, streetscape impacts on Patten Street and amenity due to increased traffic from the development. 5 Consequently this matter was adjourned by consent and the applicant undertook further amendments to address these outstanding matters. The amendments include the deletion of the driveway in Sherwood Road, further set backs in Patten Street together with a stepping down of the building to better transition with the adjoining fitness centre building, also the south western corner has been altered so as to provide a wider landscape splay to the fitness centre development. 6 Having considered these matters Council now agrees to consent orders however, the amended plans were renotified and two further submissions were received from the owners of number 34 and 34A. These properties are generally opposite the main driveway to the basement car park in Patten Street. Their concern is that there will be excessive headlight glare from vehicles using the driveway. In response to this concern, the applicant proposes to plant appropriate screening species along the footpath in front of these properties and Council agrees in this case that it is a reasonable solution and this is incorporated in the agreed conditions. 7 In summary then it is apparent that there has been a considerable amount of effort put in by the parties in order to achieve an acceptable solution for this site, which demonstrates satisfactory compliance with the controls. I have had the opportunity of reviewing the relevant details in Council's bundle including the detailed assessment of the proposal, relative to the prevailing controls and I am satisfied that this amended proposal now reasonably satisfies those relevant controls so as to merit conditional consent in accordance with the consent orders. In this regard I particularly note Council's agreement to the landscaping arrangements adjacent to number 34 and 34A. 8 Accordingly, the Court orders by consent that: 1. The appeal is upheld. 2. Development application 2003/987 lodged with the respondent Council on 10 February 2003 for the erection of a four storey mixed residential and commercial development consisting of ground floor commercial space and twenty one mixed use units at 33 to 37 Sherwood Road is approved subject to conditions 1 to 155 in Annexure A. 3. That the exhibits may be returned except for exhibits 3, 4, 6, 7, 11, 12, C, D and F. _________________________ R Hussey Commissioner of the Court ljr Annexure "A" Conditions of Consent Consent to the demolition of existing structures, erection of a four (4) storey mixed-residential and commercial development, consisting ground floor commercial space and twenty-one (21) residential units containing 18 x 2 bedroom units and 3 x 3 bedroom units, over two levels of basement carparking and associated Strata subdivision thereof, shall not operate until all of the following Schedule "A" conditions have been complied with to Council's satisfaction. This consent shall be void if the information in this schedule is not produced within six (6) months from the date of the issue of this Consent. Stormwater Design 1 Full details of the hydraulic evaluation of the entire stormwater drainage system shall be prepared by a practising Civil Engineer. Plans shall include details for the design and construction of a stormwater drainage system for the collection and disposal of all roof and surface water drainage from the site. Design and construction of the drainage system shall be in accordance with Council's standards and specifications for stormwater drainage. 2 Overland flow up to the 1 in 100 year flow must be accepted at the upstream boundary and conveyed through the site. Full details of the hydraulic evaluation of the overland flow shall be prepared by a practising Civil Engineer and be in accordance with Council's standards and specifications and the Upper Parramatta Catchment Trust's O.S.D. Handbook. Pump Systems 3 Fully detailed design drawings and calculations shall be prepared by a practising Civil Engineer for the basement pump-out system. Design and construction of the pump-out system shall be in accordance with Council's standards and specifications. The pump-out system shall be certified in conjunction with the stormwater drainage plan. ON SITE DETENTION Design 4 Council requires the design and construction of an on-site stormwater detention system. The location and type of storage areas, discharge point and overflow spillway should generally be in accordance with the concept plan. 5 A visible emergency overflow shall be provided to the On-Site-Detention storage tank so that in the event of blockage to the system, the blockage will be noticed and the system cleared. Note: The emergency overflow shall be located so that neighbouring properties and/or the development is not impacted by the over flow. 6 The Holroyd Council On-Site-Detention drawing submission checklist shall be completed by the engineer and submitted with the On-Site-Detention drawings. The checklist can be obtained from Councils' customer services section. 7 Fully detailed design drawings and calculations shall be prepared by a practising Civil Engineer. Design and construction of the on-site stormwater detention system shall be in accordance with Council's standards and specifications and the Upper Parramatta Catchment Trust's O.S.D. Handbook. 8 Four (4) copies of plans and calculations for the design shall be submitted to Council, together with the payment of a $468 checking fee. Inadequately prepared drawings and calculations will incur an additional checking fee of $149. Four (4) copies of plans and calculations for the design shall be submitted to Council for assessment. Inadequately prepared drawings and calculations will incur a checking fee. Please ensure that all plans submitted to Council, including architectural, drainage and landscape plans correspond. SCHEDULE "B" This consent cannot operate until such time as Council is satisfied with the evidence produced in response to Schedule "A" and has notified the applicant in writing of the date from which the consent operates. PRELIMINARY 1 This consent shall lapse if the above development is not substantially commenced within five (5) years of the date shown on the Notice issued by Council indicating that Schedule "A" matters have been satisfactorily addressed. 2 Development shall take place generally in accordance with the attached endorsed plans: - o Architectural Drawing Nos. 02, 04, 05, 06, 07, 08, 09, 10, 11, 12, 13, 14 & 15, prepared by Idraft Plans in conjunction with Stephen Menzies, (Job No. 26744), Issue D amended 30 June 2004; o Landscape Plans prepared by Dickson Rothschild Pty Ltd (Project No. 03-133), Drawing Nos. L101, L102 (all Revision C) dated 17 July including all documentation and details to enable construction of the landscaping, submitted to the Principal Certifying Authority prior to the issue/release of the Construction Certificate; o Drainage/On-Site Detention Drawing to satisfy schedule "A" conditions of this consent o Waste Management Plan dated 10 March 2003 as amended by the information submitted to the Principal Certifying Authority prior to the issue/release of the Construction Certificate; and o Schedule of External Colours and Finishes filed in the Land and Environment Court 22 March 2004; 3 All building work shall be carried out in accordance with the requirements of the Building Code of Australia. Fully detailed plans including fire safety details shall be submitted with the Construction Certificate application. Appointment of Council or a Private Certifier as the Principal Certifying Authority (PCA) 4 Either Council or a Private Certifier is to be appointed as the Principal Certifying Authority (PCA) for the development in accordance with Section 109E of the Act. Accordingly, wherever reference is made to the Principal Certifying Authority in this Consent, it refers to Council or the Private Certifier as chosen by you. Note : Once you have chosen either Council or a Private Certifier as the PCA, you cannot change from one to the other, or from one Private Certifier or another, without the approval of DIPNR. 5 The applicant shall consult with, as required: (a) Sydney Water Corporation Limited (b) Integral Energy (c) Natural Gas Company (d) A local telecommunications carrier regarding their requirements for the provision of services to the development and the location of existing services that may be affected by proposed works, either on site or on the adjacent public road(s). 6 The proposed structure/s are to be located clear of existing Council easements. Special footings will be required where the proposed/existing structures are adjacent to a drainage easement. The footings shall be taken down to the invert level of the existing drainage structure or to solid rock, whichever is the lesser. The footing depth may decrease by 500mm for every 1000mm increment in distance the footing is from the easement boundary. The footing system is to be designed by a practising professional structural engineer. 7 Building materials, builders sheds, waste bins, site fencing, gates or any material of any description shall not be left or placed on any footway, road or nature strip. Footways and nature strips shall be maintained, including the cutting of vegetation, so as not to become unsightly or a hazard for pedestrians. Offenders will be prosecuted. Demolition 8 In the event that demolition is to occur prior to the issue/release of a Construction Certificate, all relevant fees and bonds such as the demolition inspection fee, kerb & gutter and tree protection bonds shall be paid in full to Council prior to demolition commencing (as per the relevant conditions elsewhere in this Development Consent). Furthermore, the applicant/developer is to ensure that all relevant conditions in this Development Consent relating to the protection of the site, adjoining lands and trees are adhered to in full prior to commencement of any demolition works. 9 Permission is granted for the demolition of all structures currently existing on the property; subject to strict compliance with the following:- a) Demolition is to be carried out in accordance with the applicable provisions of Australian Standard AS2601 1991 - The Demolition of Structures. Note: Developers are reminded that WorkCover requires that all plant and equipment used in demolition work must comply with the relevant Australian Standards and manufacturer specifications. b) The developer is to notify owners and occupiers of premises on either side, opposite and at the rear of the development site five (5) working days prior to demolition. Such notification is to be a clearly written on A4 size paper giving the date demolition will commence and be placed in the letterbox of every premises (including every residential flat or unit, if any) either side, immediately at the rear of, and directly opposite the demolition site. The demolition must not commence prior to the date, which has been notified in accordance with the conditions in the notification. c) Five (5) working days (i.e., Monday to Friday with the exclusion of Public Holidays) notice in writing is to be given to Holroyd City Council for inspection prior to the commencement of works. Such written notice is to include the date when demolition will commence and details of the name, address, business hours contact telephone number and licence number of the demolisher. Persons undertaking demolition work should obtain the relevant licence with WorkCover. Works are not to commence prior to inspection being carried out. Works must also not commence prior to the date nominated. d) On the first day of demolition, work is not to commence until the Principal Certifying Authority (PCA) has inspected the site. Should the building to be demolished be found to be wholly or partly clad with asbestos cement, approval to commence demolition will not be given until the PCA is satisfied that all measures are in place so as to comply with WorkCover's "Your Guide to Working with Asbestos", a copy of which accompanies this Development Consent. All demolition works must at all times comply with WorkCover's "Your Guide to Working with Asbestos". e) On demolition sites where buildings to be demolished contain asbestos cement, a standard commercially manufactured sign containing the words "DANGER ASBESTOS REMOVAL IN PROGRESS" measuring not less than 400mm x 300mm is to be erected in a prominent visible position on the site to the satisfaction of Council's officers. Advice on the availability of these signs can be obtained by telephoning Council's Customer Service Centre during business hours on 9840 9840. The sign to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos cement has been removed from the site to an approved waste facility. This condition is imposed for the purpose of worker and public safety and to ensure compliance with Clause 259(2)(c) of the Occupational Health and Safety Regulation 2001. f) Demolition shall not commence until all trees required to be retained/transplanted are protected in accordance with those conditions stipulated under "Prior to Works Commencing" in this Consent. g) All previously connected services are to be appropriately disconnected as part of the demolition works. The applicant is obliged to consult with the various service authorities regarding their requirements for the disconnection of services. h) Demolition works involving the removal and disposal of asbestos cement must only be undertaken by contractors who hold a current WorkCover "Demolition Licence" and a current WorkCover "Class 2 (Restricted) Asbestos Licence". i) Demolition is to be completed within five (5) days of commencement at which time the applicant shall notify the Certifying Authority. j) Demolition works are restricted to Monday to Friday between the hours of 7.00am to 6.00pm. No demolition works are to be undertaken on Saturdays, Sundays or Public Holidays. k) Protective fencing is to be installed to prevent public access to the site. l) Where materials containing asbestos cement are to be removed demolition is to be carried out by licensed contractors experienced with asbestos removal. m) All asbestos laden waste, including asbestos cement flat and corrugated sheets must be disposed of at a tipping facility licensed by the Environment Protection Authority (EPA). NOTE: The person responsible for disposing of the above asbestos waste is to telephone the EPA on (02) 9995 555 or Council's Waste Officer on (02) 9840 9892 to determine the location of a tip licensed to receive asbestos. Upon completion of tipping operations and within fourteen (14) days, the applicant must lodge with Council, all receipts issued by the receiving tip as evidence of proper disposal. n) Before demolition operations begin, the property shall be connected to the sewer of Sydney Water to which a pedestal pan shall be temporarily connected for the use as the employees' toilet service during demolition operations. o) After completion, the applicant shall notify the Principal Certifying Authority within seven (7) days to assess the site and ensure compliance with AS2601. p) Within fourteen (14) days of completion of demolition, the applicant shall submit a signed statement to the Principal Certifying Authority verifying that demolition work and recycling of materials was undertaken in compliance with the Waste Management Plan prepared in accordance with DCP No. 35 "Guidelines for Planning for Less Waste". The Certifying Authority is to submit a copy of the statement to Council. In reviewing such documentation Council will require the provision of actual weighbridge receipts for the recycling/disposal of all materials. 10 Payment of $145.50 fee for inspection by Council of the demolition site prior to commencement of any demolition works. PRIOR TO ISSUE/RELEASE OF CONSTRUCTION CERTIFICATE/PRELIMINARY CONDITIONS FOR DEMOLITION The following conditions must be complied with prior to the issue of a Construction Certificate, or where relevant prior to demolition occurring. In many cases the conditions require certain details to be included with or incorporated in the detailed plans and specifications which accompany the Construction Certificate: - Payment of Bonds, Fees and Long Service Levy 11 The Principal Certifying Authority is to ensure and obtain written proof that all bonds, fees and contributions as required by this consent have been paid to the applicable authority. This includes all Long Service Levy payments to be made to the Long Service Payments Corporation. 12 A payment of $4,000 shall be made to Council towards the construction of a pedestrian refuge on the corner of Paton Street and Sherwood Road on the basis that Council commences construction within 1 year after the issue of the final occupation certificate. If construction is not commenced within that period the payment will be refunded. Section 94 Contribution 13 A public reserve contribution of $30.034 being for twenty (20) additional dwellings is to be paid to Council. This contribution is imposed under the Holroyd Section 94 Contributions Plan for Open Space and Recreation Facilities - which came into force on 2 December, 1998. A copy of this plan can be inspected at Council's Civic Centre located at 16 Memorial Avenue, Merrylands between the hours of 8am and 4.30pm Monday to Friday. This contribution will form part of the funding towards the purchase/embellishment of Local, District and Regional Open Space and the administration of Council's Section 94 Contribution fund. 14 A community facility contribution of $12,513.50 being for twenty (20) additional dwellings is to be paid to Council. This contribution is imposed under the Holroyd Section 94 Contributions Plan for Community Facilities - which came into effect on 13 November, 2000. A copy of this plan can be inspected at Council's Civic Centre located at 16 Memorial Avenue, Merrylands. This contribution will form part of the funding towards the provision, extension or augmentation of community facilities and services that will, or are likely to be, required as a consequence of development in the Holroyd Local Government Area. Consistency with Endorsed Development Consent Plans 15 The Principal Certifying Authority must ensure that any certified plans forming part of the Construction Certificate, are in accordance with the Development Consent plans. Tree Planting/Landscaping 16 A bond of $30,000 is to be lodged with Council against the planting, establishment and maintenance of the required landscaping. This bond will be refundable upon the issue of the Final Occupation Certificate . 17 Twleve months after the issue of the final occupation certificate a landscape architect is to provide certification (by way of letter or otherwise) to Council that the landscape works have been established and maintained in accordance with the landscape plan. 18 The following bond shall be lodged with Council prior to works commencing against the retention, protection during construction and adaptation to the altered environment, of the following tree identified on the endorsed plans:- Tree No & Species Bond 2. Eucalyptus tereticornis - Forest Red Gum on Paton Street 9,500 The bond will be retained refundable upon the issue of the Final Occupation Certificate (prior to which the Principal Certifying Authority ("PCA") is to be satisfied of the satisfactory adaptation of the tree to its altered environment). If Council is not the PCA, a report on the health and condition of the tree, from the Arborist engaged to ensure the proper protection and management of the trees required to be retained, is to be submitted to Council at the completion of works/expiry of the bond period and prior to the bond being refunded. If the report indicates that the tree requires remedial works, which are not exempt under Council's Tree Management Order, an application for General Tree Works will be required to be submitted and approved, before the works are carried out and certified by the Arborist. Remedial works, which are exempt under Council's Tree Management Order, will also be required to be completed and certified. If the tree is not retained, protected or managed to Council's or the PCA's satisfaction, bond monies will be forfeited at the following rates unless remedial works are implemented: - (a) An initial breach of any tree protection condition – 20% of total bond for particular tree/s. (b) A second or the continuing breach of any tree protection condition - 40% of total bond for particular tree/s. (c) If after 40% of the bond is retained, further breaches of the tree protection conditions occur, Council may instigate legal proceedings for the cessation of all works on the site. (d) Death of any protected tree/s due to non-compliance with tree protection conditions – 100% of total bond for particular tree/s and possible legal action by Council. Generally 19 All works to be provided, as listed below, shall be shown on the submitted drawings prior to the issue of the Construction Certificate and works commencing. Design and Construction Specification 20 All engineering works to be carried out within public property shall be designed and undertaken in accordance with the relevant aspects of the following documents, except as otherwise authorised by this consent: (a) Holroyd City Council's Works Specification for Subdivisions and Developments. (Current Version). 21 For any works proposed or required within the existing public roads, the approval of the designs via the Construction Certificate, and the supervision of the construction, shall be the responsibility of the road authority (Council or RTA). In this regard, the authority that is accountable for the particular area of the road reserve shall be as per the Roads Act. The design and construction of the above works shall be to the total satisfaction of the relevant road authority. Lighting 22 High standard vandal resistant lighting of the road reserve and pedestrian footpath area within the site fronting Sherwood Road and Paton Street shall be designed by a suitably qualified person. Design plans for lighting shall be forwarded to Council for approval, and shall be in accordance with AS 1158. Alterations/additions to street lighting shall be carried out by the responsible utility authority for lighting, or to the satisfaction of that authority, and all capital contributions associated with the installation of the lighting shall be borne by the applicant. The proposal shall include details of all lighting fixtures being proposed and underground power reticulation shall be allowed for in the design. A lighting design category of P4 shall be utilised. Engineering Fees and Bonds 23 Payment of a $456 fee for the design, specifications and inspection by Council of the vehicular crossing/s prior to placement of concrete. 24 Payment of a $241 fee for the design, specifications and inspection by Council of the footpath paving prior to placement of concrete. 25 Payment of a $241 fee for the design, specifications and inspection by Council of the kerb and guttering prior to placement of concrete. 26 Payment of a $304 fee for the inspection by Council of the stormwater and On Site Detention system at the key stages, where Council is the Principal Certifying Authority. 27 Payment of a $520 fee for the design checking and inspection by Council of the works within the Road reserve at the key stages. 28 The applicant shall lodge with Council a $5,000 cash bond or bank guarantee to cover the removal of any redundant vehicular crossings and laybacks along the full road frontage and replacement with kerb and gutter. This bond is refundable upon completion of all works onsite. 29 The applicant shall lodge with Council a $20,000 cash bond or bank guarantee for the satisfactory completion of the construction or reconstruction of the concrete footpath paving adjacent to the site. This bond is refundable upon completion of all works on the site. 30 The applicant shall lodge with Council a $10,000 cash bond or bank guarantee for the satisfactory completion of the construction or reconstruction of the concrete kerb and guttering adjacent to the site. This bond is refundable upon completion of all works on the site. 31 The applicant shall lodge with Council a $4,450 cash bond to cover the registration of a Positive Covenant and Restriction as to User over the on-site stormwater detention system. This bond is refundable upon registration of a Positive Covenant and Restriction as to User. 32 The applicant shall lodge with Council a $4,000 cash bond or bank guarantee to cover the satisfactory reconstruction of Council's gully pit/s and associated works along all areas of the site fronting Sherwood Road and Paton Street. This bond is refundable upon completion of all works on the site. Road Works 33 A Traffic Management Plan shall be lodged with Council for any road and drainage works to be carried out within public road reserves, or where construction activity impacts on traffic flow or pedestrian access, in strict compliance with the requirements of Australian Standard 1742.3 (Traffic Control Devices for Works on Roads). In this regard, the applicant shall pay Council a $125 fee for the assessment of the Traffic Management Plan by Council, prior to commencing works within the road reserves. Crime Prevention through Environmental Design 34 Details shall be submitted to Council to address the following matters: - i) The type of lighting and placement of lighting. ii) The type of locking mechanism applied to garage tilt roller doors. iii) The type of locking hardware applied to windows, balcony doors and entrance doors. iv) The type of treatment applied to the northern and western concrete wall to prevent graffiti. Landscape Plan 35 Landscape Plans prepared by Dickson Rothschild Pty Ltd (Project No. 03-133), Drawing Nos. L101, L102 (all Revision C) all dated 17 July 2004, are to be amended to include all documentation and details, to enable construction of the landscaping including planting on verge indicated on Architectural Drawing No. DA02 prepared by Idraft Plans in conjunction with Stephen Menzies (Job No. 26744) Issue D amended 30 June 2004.. Street trees shall be Lophostemon conferta. Required Submissions to Certifying Authority 36 A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. (Application must be made through an authorised Water Servicing Coordinator. Please refer to the "Your Business" section of the web site www.sydneywater.com.au then follow the "e-Developer" icon or telephone 13 20 92 for assistance. Following application, a "Notice of Requirements" will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design). 37 A detailed erosion and sediment control plan (in duplicate) shall be submitted to the Principal Certifying Authority prior to the issue/release of the Construction Certificate and is to be prepared by a suitably qualified person in accordance with the guidelines set out in Holroyd City Council's Development Control Plan No. 38 "Guidelines for Erosion and Sediment Control". The plan shall include as a minimum the following: - - Locality - Contours (initial and final) - Existing vegetation - Existing site drainage - Land slope gradient - Location of topsoil stockpiles - Erosion control measures - Sediment control measures - Location of crushed rock construction entrance - Location of roads, driveways and accessways and all impervious surfaces - Details of all weather access - Details of stormwater pit protection measures - Waste storage area - Details of removal of excess stormwater during periods of rain while construction is taking place - Outline of a program of maintenance for the erosion and sediment controls 38 Retaining walls greater than 1.0m above finished ground level or other approved methods necessary to prevent the movement of excavated or filled ground, together with associated stormwater drainage measures, shall be designed by an appropriately qualified person. Details are to be included with any Construction Certificate application. 39 Structural engineer's details (in duplicate) prepared and certified by a practising qualified structural engineer of all reinforced concrete and structural members shall be submitted to the Principal Certifying Authority. 40 The treatment of the façade on the Paton Street elevation above the driveway entrance is to be amended to de-emphasize the horizontal feature. Prior to the issue of the construction certificate the Applicant is to provide details of the treatment of the façade above and adjacent to the driveway entrance (the area marked on the south elevation plan DA 14 Issue B with horizontal banding). Fire Safety Upgrading & Essential Services 41 The Construction Certificate is to include a schedule specifying all of the essential fire or other safety measures (both current and proposed) that are required for the building or premises to ensure the safety of persons in the building in the event of fire. Fire Water Retention 42 Firewater bunding of the building must be provided to allow for the retention and reclamation of firewater in the event of a fire. Firewater volumes shall be calculated on appropriate hydrant and sprinkler discharge rates for the worst case scenario for a period of ninety (90) minutes. Details of this provision shall be submitted to the Principal Certifying Authority. Car Wash Bay 43 Collection, reuse and ultimate disposal of water used in the vehicle wash bay shall be in accordance with Sydney Water's requirements. Full details shall be provided to the Principal Certifying Authority with the Construction Certificate application. Air Conditioning 44 The mechanical ventilation system shall comply with Australian Standard AS1668.2-1991 'The use of mechanical ventilation and air conditioning in buildings'. Details and specifications being submitted to the Principal Certifying Authority with the application for a Construction Certificate. Privacy Measures 45 Full details (including manufacturer's specifications and colour/s samples) of the adjustable louvres shall be submitted to the Principal Certifying Authority with the Construction Certificate application. The louvres for the balcony on unit 6 shall be continued around the balcony to the wall of the stairwell. The louvres on the western elevations plan shall be sliding louvres for sun shading. Acoustic Measures 46 Plans and/or specifications indicating how compliance with the acoustic consultant's recommendations (Noise Assessment Report No.: 1029, prepared by Rodney Stevens of RSA Acoustics, amended March 2004) will be achieved:- 1. Confirmation is required from a suitably qualified person, whether the criterion specified within the abovementioned report would be met with the windows open, or whether mechanical ventilation would be required to meet this criterion. These details are to be submitted to the Principal Certifying Authority with the Construction Certificate application. Residential Flat Development Residential Waste Storage Area 47 The waste storage area shall be roofed, screened from public view and provided with:- - Openings, 5% of the floor area and recessed into the walls, positioned to provide cross floor ventilation OR mechanical ventilation to Council's satisfaction; - An adequate water supply provided by a hose cock and hose (hot water for commercial premises) - The floor shall be made of an impervious surface, drained to sewer in accordance with Sydney Water requirements and include a dry arrestor pit with a removable basket. - The driveway ramp to the waste and recycling storage area is to have a maximum gradient of 1:8. - Access to the recycling bin storage area to Council's satisfaction is to be made to Council's contractor. Plans and specifications for the storage room shall be submitted with the application for the Construction Certificate. Waste Management Plan 48 The Waste Management Plan (WMP) submitted to Council shall be amended in accordance with Development Control Plan (DCP) No. 35- Guidelines for Planning for Less Waste, concerning demolition and construction. 49 A Rainwater Tank Checklist, with all the required information and details and amended plans (including architectural, landscape and drainage plans) shall be submitted to the Principal Certifying Authority for approval. Energy Efficiency - Residential 50 A hot water system with a minimum 3.5 star greenhouse rating shall be provided for each new dwelling. This may be achieved by solar-gas boost-storage, gas- instantaneous, gas-storage, electric heat pump-storage and solar-electric boost. Details shall be submitted to Council with the construction certificate. Water Conservation - Residential 51 AAA rated water conservation devices including showerheads, water tap flow regulators and dual flush toilet & cisterns shall be provided for each new dwelling. Details shall be submitted to Council with the construction certificate. PRIOR TO WORKS/DEMOLITION COMMENCING The following conditions are to be complied with prior to any works/demolition commencing on the site: Required Submissions to Council or the Principal Certifying Authority 52 To facilitate a complete assessment and enable the Certifying Authority to check compliance on site, truss validation and design, details certified by a qualified practising structural engineer shall be submitted to Council or the Principal Certifying Authority for examination and approval. Details shall include: a) job address and builder's name b) design wind velocity c) terrain category d) truss spacing e) roof pitch f) material of roof g) roof batten/purlin spacing h) material of ceiling i) job number Fencing of Sites 53 Fencing of sites is required to prevent public access when the site is unoccupied and building works are not in progress. In this regard the MINIMUM acceptable standard of fencing to the site is properly constructed chain wire fencing 1.8m high, clad internally with Hessian or Geotextile fabric. All openings are to be provided with gates, such gates are not at any time to swing out from the site or obstruct the footpath or roadway. Signs to be Erected on Sites 54 A signboard legible from the street frontage shall be erected in a prominent visible position on the site. The signboard is to clearly show all of the following information:- a) Name of owner, builder, builder's licence number and the street number of the allotment. b) A statement that unauthorised entry to the work site is prohibited. c) The name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours. Note: This clause does not apply to: - a) building work carried out inside an existing building, or b) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out. Prohibited Signage 55 Advertising, Real Estate Agents, Architects, Designers, site suppliers and any other signage not mentioned in the conditions, is not to be placed or displayed on the site, such that the signage is visible from any public place. Offenders may be prosecuted. Protection of Public Places 56 A hoarding or fence must be erected between the work site and any public place, if the work involved in the erection or demolition of the building; is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or involves the enclosure of a public place. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Site Control Measures 57 Suitable erosion and sediment control measures shall be provided at all vehicular entry/exit points and all other measures required with and/or shown on plans accompanying the Construction Certificate, to control soil erosion and sedimentation, are to be in place prior to the commencement of construction works. Such controls are to be provided in accordance with Holroyd City Council's "Erosion & Sediment Control Policy." Note: On-the-spot fines may be issued by council where measures are absent or inadequate. Tree Protection Conditions 58 An Arborist qualified to at least Australian Qualifications Framework (AQF) Certificate Level 4 shall be retained throughout all construction work to ensure the proper protection and management of the tree required to be retained and that any necessary pruning work within 1m of the building/s approved, is carried out in accordance with Australian Standard 4373-1996 "Pruning of Amenity Trees". This includes on site supervision of the erection of tree protection measures and, where necessary, any works that are required within tree protection zones. 59 The tree/s identified on the endorsed plans as being retained shall be protected prior to and throughout the construction process in accordance with the Guidelines for the Protection of Trees On and Adjacent To Demolition/Building sites, and relevant conditions of this Consent. All trees not authorised to be removed by this Consent must be retained. Prior to any work commencing, certification of the installation and inspection of the required tree protection works is to be provided to the Principal Certifying Authority by the Arborist engaged to ensure the proper protection and management of the tree/s required to be retained. A copy of the Certificate is to be issued to Council within seven (7) days of the inspection and prior to any works commencing. Additionally, trees identified for removal are to be retained until immediately prior to works commencing, to assist with soil management and erosion control. 60 Protective fencing is to be installed around the tree/s to be retained in line with the dripline and no further than 0.5m from the buildings. This fencing is to be constructed of chainwire mesh 1.8m high, which is supported by steel stakes or piping and braced to resist impacts. Where appropriate the trunk/s of the tree/s on the site and any street tree/s (which are not to be fenced other than as mentioned above), shall also be protected by vertical timber boards, installed by or under the supervision of the arborist engaged to ensure the proper protection and management of the trees required to be retained to accepted horticultural and TAFE standards. Note: Removal of the protective fencing or timber boards during construction work, will affect the Bonds and may result in legal proceedings being instigated by Council against the applicant and builder. 61 The fenced zone/s surrounding the trees to be retained shall be mulched with 100mm of composted leaf mulch. Footpaving, Kerbing and Guttering 62 Protection must be provided for Council footpaving, kerbing and guttering. Wooden mats must also be provided at all entrances where the site fronts paved footpaths. 63 Finished street levels shall not be assumed. The owner or builder must make application to Council's Engineering Services Department for street levels. Support for Neighbouring Buildings 64 If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land (including a public road and any other public place), the person causing the excavation to be made:- a) must preserve and protect the building from damage, and b) if necessary, must underpin and support the building in an approved manner, and c) must, at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars to the owner of the building being erected or demolished. The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. (In this clause, allotment of land includes a public road and any other public place). Toilet Facilities 65 Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: a) Must be a standard flushing toilet, and b) Must be connected: i) To a public sewer, ii) If connection to a public sewer is not practicable, to an accredited sewage management facility approved by the Council, or iii) If connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the Council. iv) The position of the toilet on the site shall be determined by Council's Building Surveyor and/or Sydney Water. Roadworks 66 The applicant is to submit to Council an application for a road-opening permit when the drainage connection into Council's system is within the road reserve. In this regard the applicant shall pay Council a $100 fee prior to the commencement of works. Additional road opening permits and fees may be necessary where there are connections to public utility services (eg. telephone, electricity, sewer, water or gas) required within the road reserve. 67 The applicant to arrange with the relevant public utility authority the alteration or removal of any affected services in connection with the development. Any such work being carried out at the applicant's cost. 68 The developer shall arrange with Council for the relocation of the traffic signpost affected by the proposed vehicular crossing. Sydney Water 69 The approved plans must be submitted to 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 further requirements need to be met. Plans will be appropriately stamped. (For Quick Check agent details please refer to the web site www.sydneywater.com.au, see Your Business then Building & Developing then Building & Renovating or telephone 13 2092.) DURING DEMOLITION/CONSTRUCTION The following conditions are applicable during demolition/construction:- Endorsed Plans & Specifications 70 A copy of the endorsed stamped plans and specifications, together with a copy of the Development Consent and Construction Certificate are to be retained on site at all times. Hours of Work & Display of Council Supplied Sign 71 For the purpose of preserving the amenity of neighbouring occupations building work including the delivery of materials to and from the site is to be restricted to the hours of 7.00am to 6.00pm Mondays to Fridays and 8.00am to 4.00pm Saturdays. Work on the site on Sundays and Public Holidays is prohibited. Note: Demolition work is not permitted on weekends or Public Holidays - refer to specific demolition condition for approved hours. The yellow "Hours of Building Work" sign (supplied by Council with the approval), is to be displayed in a prominent position at the front of the site for the duration of the work. Site Control 72 All soil erosion measures required in accordance with the approved sediment and erosion control plan and any other relevant conditions of this Consent are to be put in place prior to commencement of construction works are to be maintained during the entire construction period until disturbed areas are restored by turfing, paving or revegetation. This includes the provision of turf laid on the nature strip adjacent to the kerb. 73 Builder's refuse disposal and storage facilities are to be provided on the development site for the duration of construction works and all rubbish shall be removed from the site upon completion of the project. 74 Stockpiles of sand, soil and other material shall be stored clear of any drainage line or easement, tree protection zone, water bodies, footpath, kerb or road surface and shall have erosion and sediment control measures in place to prevent the movement of such materials onto the aforementioned areas and adjoining land. Asbestos Cement Sheeting 75 i) All asbestos cement sheeting if present, must be removed by contractors with an appropriate licence issued by WorkCover and who are familiar with asbestos removal prior to the commencement of:- (a) Brick veneering or re-cladding of any building where the existing walls to be covered are currently clad with asbestos cement; OR (b) Construction work where new work abuts existing asbestos cement sheeting and/or where parts of the existing building clad with asbestos cement sheeting are to be altered or demolished. Removal must be carried out strictly in accordance with WorkCover's "Short Guide to Working with Asbestos Cement" (copy attached). ii) All asbestos laden waste, including flat, corrugated or profiled asbestos cement sheets must be disposed of at a tip recommended by the NSW Environment Protection Authority (EPA). NOTE: The person responsible for disposing of the above asbestos waste is to telephone the EPA on (02) 9325 5709 to determine the location of a tip licensed to received asbestos. Upon completion of tipping operations the applicant shall lodge with the Council, all receipts issued by the receiving tip as evidence of proper disposal. Waste Management Plan 76 The approved Waste Management Plan must be implemented and complied with during all stages of works on site. 77 Within seven (7) days of completion of construction/building works, the applicant shall submit a signed statement to Council or the Principal Certifying Authority verifying that demolition work and recycling of materials was undertaken in compliance with the Waste Management Plan. The Principal Certifying Authority shall submit a copy of the statement to Council. In reviewing such documentation Council will require the provision of actual weighbridge receipts for the recycling/disposal of all materials . Inspection of Works 78 The building works are to be inspected during construction, by the Council or by an Accredited Certifier and documentary evidence of compliance with the relevant terms of the approval, is to be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages: a) Sediment and erosion control; b) Pre-demolition c) Completion of demolition; d) PRIOR to concreting of pier holes; e) All trenches and steel reinforcement PRIOR to pouring of concrete; f) Framework, when complete, PRIOR to the fixing of floor, wall, ceiling and roof finishes; g) Wet areas, after the placement of damp roof and flashing courses; h) Stormwater and drainage lines and pits PRIOR to back filling; including O.S.D.; i) Wall, ceiling and ductwork framing PRIOR to fixing of fire rated and/or acoustic construction: - after the first sheeting is fixed - after the second sheeting is fixed - after caulking is placed in the cornices - after penetrations have been protected j) After the construction of the firewall/separating wall; k) Completion of all works and PRIOR to occupation/use of the structure. Copies of the above stated documentary evidence are to be submitted to the Principal Certifying Authority upon completion of each specified stage of construction and prior to occupation of the building. Construction 79 The building and external walls are not to proceed past ground floor formwork/reinforcing steel level until such time as the Principal Certifying Authority has been supplied with a check survey report prepared by a registered surveyor certifying that the floor levels and external wall locations to be constructed, comply with the approved plans, finished floor levels (FFL)s and setbacks to boundary/ies. The slab shall not be poured, nor works continue, until the Principal Certifying Authority has advised the builder/developer that the floor level and external wall setback details shown on the submitted survey are satisfactory. In the event that Council is not the Principal Certifying Authority, a copy of the survey shall be provided to Council within three (3) working days. On placement of the concrete, works again shall not continue until the Principal Certifying Authority has issued a Compliance Certificate stating that the Condition of approval has been complied with and that the slab has been poured at the approved levels. 80 To provide a safe platform for occupants entering and leaving the premises, external doorways shall be provided with landings extending for the full length of the doorway openings and not less than one (1) metre wide where the height of the tread is more than 230mm above finished ground level. 81 In accordance with the requirements of D1.10 of the Building Code of Australia: (a) bollards or some other method not less effective shall be provided to protect the discharge point of exit(s) and to prevent vehicles blocking the exit or access to the exit. (b) the path of travel to an exit, road or open space shall be protected by bollards, vehicular kerbs or other physical barrier to ensure the safe passage of persons. (c) a ramp having a gradient not steeper than 1:14 is to be provided to link the exit point to the public road. Landscaping/Site Works 82 All turfed areas shall be finished level with adjoining surfaces and also fall evenly to approved points of drainage discharge. 83 New 1.8m high lapped and capped timber paling or colourbond fences (colour to be sympathetic with the development) determined in consultation with adjoining property owner(s), are to be erected along all side and rear boundaries at full cost to the developer. A Statutory Declaration or other documentary evidence of such consultation is to be submitted to the Principal Certifying Authority. 84 Fences are to taper from the front building line to be not more than 900mm high at the front boundary. 85 A single master T.V. antenna is to be installed to service each building and provision made for connection to each dwelling within that building. 86 One (1) clothes dryer must be provided within each laundry of every dwelling. 87 Should any new information come to light during works on site, that has the potential to alter previous conclusions about site contamination, Council shall be notified immediately. Waste and Recycling 88 An area is to be nominated on site for communal composting. 89 Each unit shall be provided with a waste cupboard or other suitable storage area to facilitate the holding of a bin containing a single day's domestic waste. Tree Protection 90 he tree/s identified on the endorsed plans as being retained shall be protected against damage throughout the construction process in accordance with the attached Council Guidelines for the Protection of Trees On and Adjacent to Demolition/Building Sites and relevant conditions of this Consent. 91 A report is to be prepared and submitted to Council by the Arborist engaged to ensure the proper protection and management of the tree/s required to be retained/transplanted that: i) Sets out maintenance work carried out on tree/s; and ii) Assesses the health and condition of the tree/s required to be retained/transplanted and protected. The report should also provide documentary evidence that the tree protection conditions are being complied with in the form of site notes and photographs and be provided at three monthly intervals during construction works that are within 5m of any tree. 92 The applicant shall accept all responsibility for the accuracy of the information provided to Council for assessment. If any tree/s are not shown on the endorsed plan or are required to be retained/transplanted and protected but are threatened by construction work through unforeseen construction requirements or plan inaccuracy, all site and building works so affected are to cease until the matter is resolved to the satisfaction of Council. Council's Environmental and Planning Services Department is to be notified immediately upon such a problem being encountered. 93 Branches of trees to be retained within 1m of the approved building, may be pruned by an Arborist qualified to at least Australian Qualification Framework (AQF) Certificate Level 3 in accordance with Australian Standard AS4373-1996 'Pruning of Amenity Trees' to enable demolition/construction works to occur. Note: Any other pruning works not authorised by this Consent are subject to the approval of an application for General Tree Works activities. 94 No works are to occur within the fenced tree protection zone. All authorised works/activities within the fenced tree protection zone/s are to be undertaken by hand held equipment under the supervision of the consulting Arborist. No roots over 50mm in diameter are to be cut within the tree protection zone without prior consultation with Council officers or the consulting Arborist. All roots over 50mm in diameter which are encountered outside the fenced tree protection zone/s are to be cleanly cut and not ripped. Inspection of On Site Detention Works 95 The stormwater drainage works are to be inspected during construction, by the Council or by a suitably qualified Civil Engineer. Documentary evidence of compliance with Council's specifications shall be obtained prior to proceeding to the subsequent stages of construction, encompassing not less than the following key stages: (a) Initial inspection to discuss concept and site conditions/constraints prior to commencement of construction of the detention basin/tank. (b) Prior to landscaping of detention basin or pouring of the roof of the detention tank. (c) After completion of storage but prior to installation of fittings (e.g. orifice plates, screens, flap valves etc.) (d) Final Inspection Council's standard inspection fee will apply to each of the above set inspection key stages. Additional inspection fees will apply for additional inspections required to be undertaken by Council. Note: A private certifier or the Principal Certifying Authority cannot be engaged to do this inspection. Road Works and Footpaving 96 Pedestrian access, including disabled and pram access, is to be maintained as per Australian Standard AS1742.3 "Part 3 – Traffic Control Devices for Works on Roads". 97 All advisory and regulatory sign posting (for example parking restriction signage, pedestrian crossing signs, warning signs) are to remain in place during construction. Acoustic Measures 98 The recommendations contained in the Noise Assessment Report No.: 1029, prepared by Rodney Stevens of RSA Acoustics, amended March 2004 are to be carried out in full. Certification by the Acoustic Engineer is to be submitted to the Principal Certifying Authority. Underground Cabling 99 All communications cabling shall be installed underground as per relevant authority requirements (including broadband and Category 5). Alarms 100 The developer/builder shall not install any audible intruder alarms within the units. The building is to be provided with a burglar alarm system that has back to base monitoring such that residents can connect thereto from each individual unit. 101 With regard to the basement level pump out system, a suitable audible alarm with flashing light system shall be positioned at the first floor level of each common property stairwell within the building and a flashing light only shall be positioned at each common property entrance to the car parking area to provide a flood warning in the case of pump failure. The alarm system shall be to the satisfaction of Council's Engineer. PRIOR TO ISSUE OF OCCUPATION CERTIFICATE The following conditions are to be complied with prior to the issue of an interim/final occupation certificate: - Principal Certifying Authority 102 An Occupation Certificate is to be issued by the Principal Certifying Authority prior to the occupation of the building. 103 A Compliance Certificate or similar documentary evidence is to be issued by the Accredited Certifier stating that all building and site works have been carried out in accordance with the Development Consent and Construction Certificate. Compliance Certificates/Documentary Evidence 104 A final clearance is to be obtained from Integral Energy if such clearance has not previously been issued. 105 A Section 73 Certificate (Sydney Water) must be submitted to the Principal Certifying Authority prior to occupation of the development. 106 A Compliance Certificate from the supervising qualified structural engineer responsible for the design shall be submitted to the Principal Certifying Authority and shall state that all foundation works/reinforced concrete/structural members have been carried out/erected in accordance with the Engineer's requirements and the relevant SAA Codes. Note: Any such certificate is to set forth the extent to which the engineer has relied on relevant specifications, rules, codes of practice or publications in respect of the construction. 107 A certificate shall be submitted to the Principal Certifying Authority stating that safety glazing has been used in the building in accordance with AS1288 - "Glass in Buildings - Selection and Installation". 108. An Accredited Certifier shall submit to the Principal Certifying Authority a signed checklist as per Appendix A of AS4299 – 1995 confirming that Unit 2 has achieved the desired level of adaptability. Landscaping/Tree Protection 109 Certification is to be provided to the Principal Certifying Authority (PCA), from the designer of the landscape proposal, that all landscape works have been carried out in accordance with the endorsed landscape plan. If Council is the PCA, the certification is to be submitted to Council prior to or at the final landscape inspection. If Council is not the PCA, a copy of the certification is to be provided to Council with the Occupation Certificate. 110 Certification is to be provided to the Principal Certifying Authority from a suitably qualified and licensed contractor that the specified planter boxes have been waterproofed and drained in accordance with the requirements of the current relevant Australian Standards, any relevant authority regulations and current best work practices. If Council is not the PCA a copy of the certification is to be provided to Council with the Occupation Certificate. 111 The Arborist engaged to ensure the proper protection and management of the trees required to be retained is to provide a report to Council concerning the health and condition of the tree/s and if necessary any remedial works required. The report should also provide documentary evidence that the tree protection conditions were complied with throughout the construction phases, in the form of site notes and photographs. Should the trees require remedial works which are not exempt under Council's Tree Management Order, an application for General Tree Works will be required to be submitted and approved before the works are carried out and certified by the Arborist. Remedial works which are exempt under Council's Tree Management Order will also be required to be completed and certified. 112 Certification is to be provided to the Principal Certifying Authority from a suitably qualified and licensed contractor that the specified fully automated commercial grade irrigation system has been designed and installed to all common planted areas in accordance with the requirements of the current relevant Australian Standards, any relevant authority regulations and current best work practices. If Council is not the PCA, a copy of the certification is to be provided to Council with the Occupation Certificate. 113 Boundary and courtyard fences must be erected and finished in a professional manner. Waste and Recycling 114 The development will need to be provided with a total of 21 bins as follows: - 13 x 240- litre garbage bins 4 x 240- litre blue recycling bins for paper and cardboard 4 x 240- litre red recycling bins for containers Parking/Driveway 115 All dwellings/units and associated car parking spaces shall be numbered on site in accordance with numbering on the endorsed plans. These numbers shall also be consistent with any strata plan for the completed development. 116 The driveway shall be signposted indicating availability of visitor off-street parking. Spaces reserved for this purpose shall be marked as such. 117 The vehicle crossing between the street and front boundary shall be constructed of plain concrete with no colour or stencilling. Fire Safety 118 Submission to Council of a Final Fire Safety Certificate pursuant to Clause 170 of the Environmental Planning and Assessment Regulation 2000 in respect of each essential fire or other safety measure listed on the Fire Safety Schedule attached to the Construction Certificate. NOTE : 1. Such Certificate shall state, pursuant to Clause 80E in relation to each essential fire safety measure mentioned in the certificate – (a) that the service has been assessed by a properly qualified person (chosen by the owner of the building);and, (b) that the service was found to be, when assessed, capable of performing to at least the standard required by the current fire safety schedule for the building for which the certificate is issued. 2. The person who carries out the assessment must inspect and verify the performance of each fire safety measure being assessed, and must test the operation of each new item of equipment installed in the building premises that is included in the current fire safety schedules for the building. 3. The assessment must have been carried out within the three (3) months prior to the date on which the final fire safety certificate is issued. On-Site Detention Certification, Covenant and Maintenance Schedule 119 A copy of the as approved OSD plan showing work as executed details shall be submitted to Council. The work as executed plan shall be in accordance with Council's standards and specifications for stormwater drainage and on-site stormwater detention. 120 A compliance certificate in accordance with Council's standards and specifications for stormwater drainage and on-site stormwater detention shall be issued to the Principal Certifying Authority by a suitably qualified Civil Engineer. 121 Documents giving effect to the creation of a Positive Covenant and Restriction on Use over the on-site stormwater detention system shall be registered on the title of the property. The wording of the terms of the Positive Covenant and Restriction as to User shall be in accordance with Council's standards and specifications for stormwater drainage and on-site stormwater detention. The documents prepared shall be submitted to Council for approval prior to registration with Land and Property Information NSW. 122 A maintenance schedule for the stormwater and On-Site Detention system including a sketch plan of the components forming the sites stormwater and On-Site Detention system shall be submitted. The maintenance schedule shall be prepared by a qualified hydraulic engineer and shall be in accordance with the Upper Parramatta River Catchment Trust requirements. In addition, the maintenance schedule shall also be included in the Positive Covenant of the 88B Instrument, as a cross-reference or appendix. Road Works 123 A full width heavy-duty vehicular crossing shall be provided opposite each vehicular entrance to the site, with a maximum width of 7.0 metres and a minimum width of 6.0 metres at the boundary line. These works shall be carried out by a licensed construction contractor at the applicant's expense and shall be in accordance with Council's issued drawings and level sheets. 124 The construction or reconstruction of kerb and gutter and associated works along all areas of the site fronting Sherwood Road and Paton Street. These works shall be carried out by a licensed construction contractor at the applicant's expense and shall be in accordance with Council's standard drawing SD-8100 and issued level sheets. 125 The construction of full width footpath paving and associated works along the site fronting Sherwood Road and a standard residential footpath along the site fronting Paton Street. These works shall be carried out by a licensed construction contractor at the applicant's expense and shall be in accordance with Council's standard drawing SD 8100 and issued level sheets. 126 The concrete footpath paving shall be transitioned to match the existing driveway to the north of the site in accordance with Council's issued drawings and level sheets. 127 The construction or reconstruction of kerb ramps and associated works at the corner of Sherwood Road and Paton Street. These works shall be carried out by a licensed construction contractor at the applicant's expense and shall be in accordance with Council's standard drawing SD8101 and issued level sheets. 128 The reconstruction of Council's gully pit/s and associated works along all areas of the site fronting Sherwood Road and Paton Street. These works shall be carried out by a licensed construction contractor at the applicant's expense and shall be in accordance with Council's standard drawing SD-8010. 129 Removal of all redundant vehicular crossings and laybacks on Sherwood Road along the full road frontage and replacement with kerb and gutter. These works shall be carried out by a licensed construction contractor at the applicant's expense and shall be in accordance with Council's standard drawing number SD-8100. 130 Removal of all redundant vehicular crossings and laybacks on Paton Street along the full road frontage and replacement with kerb and gutter to be to the satisfaction of a qualified arborist. These works shall be carried out by a licensed construction contractor at the applicant's expense and shall be in accordance with Council's standard drawing number SD-8100. 131 compliance certificate for the construction of driveways, footpath paving, kerb and guttering and roadworks shall be obtained from Council and be submitted to the Principal Certifying Authority. Air Conditioning 132 At the completion of the installation of the mechanical ventilation system, provide the Principal Certifying Authority with a certificate from the installer, the certificate shall include: (a) inspection, testing and commissioning details, (b) date of inspection testing and commissioning, (c) the name and address of the individual who carried out the test, (d) statement that the service has been designed, installed and is capable of operating to the above standard. 133 Noise and vibration from the use of the air conditioning system (if any installed) shall not exceed the background level by more than 5db(A)and shall not be audible in any premises of a different occupancy between 10.00pm and 7.00am on weekdays and 10.00pm and 8.00am on weekends and public holidays. Acoustic Measures 134 The acoustic consultant shall provide Council with a compliance certificate indicating whether or not the stated works have been completed and that they achieve the stated reductions in noise as predicted in the acoustic consultant's original report (Noise Assessment Report No.: 1029, prepared by Rodney Stevens of RSA Acoustics, amended March 2004). 135 The noise reduction measures specified in the Sections headed 'Recommended Construction Components' & 'Building Code of Australia' in the Noise Assessment Report No.: 1029, prepared by Rodney Stevens of RSA Acoustics, amended March 2004, shall be installed prior to the issue of the Occupation Certificate. All noise reduction measures specified in the Acoustic Assessment shall be complied with at all times during the operation of the premises. House/Street Number 136 A house/street number must be displayed on all newly developed properties in accordance with Council's "Policy on the Display of House Numbers" available from the Customer Services Counter or Council's website, www.holroyd.nsw.gov.au. PRIOR TO RELEASE OF LINEN PLAN The following conditions are to be complied with prior to the Release of the Linen Plan:- Linen Plan 137 The linen plan for the subdivision when lodged for final approval must be accompanied by four (4) copies and linen plan release fee of $1350.80. Numbering 138 All units/garages/car-parking spaces must be numbered in accordance with the numbering shown on the strata plan. 88B Instrument 139 As per Condition 126 of Development Consent 2003/987 a restriction on the use of the land and a positive Covenant are to be created to maintain the On Site Detention system. The Section 88B instrument required is to be created in association with the subdivision and is to be in accordance with Holroyd City Council's standard wording. The instrument should also be used to create any Right of Carriageway and easement required. Provision is to be made for the General Manager of the Council or his/her designate to sign the document and it is to be appropriately noted on the linen plan of strata subdivision. Public Utilities 140 The Principal Certifying Authority is to be provided with a current Section 73 Compliance Certificate for the property from Sydney Water. 141 Public utility services (including water, sewer, electricity and telephone) shall be provided and any easements necessary created to the satisfaction of the relevant servicing authorities. Evidence of such is to be submitted prior to release of the linen plan of subdivision. Access & Parking 142 Driveways including the availability of visitor off-street car parking are to be clearly sign-posted. Spaces reserved for visitor parking are to be marked as such. Alarms 143 Documentary evidence is to be produced from the contracted security company that the building has been provided with a burglar alarm system which has back to base monitoring, such that residents can connect thereto from each individual unit. General 144 Documentary evidence and/or compliance certificates must be submitted to Council to show that all works have been completed in accordance with Development Consent 2003/987 and its accompanying Construction Certificate. CONDITIONS RELATING TO USE The following conditions are applicable to the use of the development: - Safety & Amenity 145 Where an intruder alarm is installed on the premises it shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997. 146 Within one (1) week of occupation of the premises, a Noise Compliance Report shall be submitted to Council. The report shall confirm the noise levels detailed in the Noise Assessment Report No.: 1029, prepared by Rodney Stevens of RSA Acoustics, amended March 2004, comply with the NSW Department of Environment & Conservation (formerly Environmental Protection Authority's) 'Environmental Criteria for Road Traffic Noise' & the AS2107 'Recommended Design Sound Levels & Reverberation Times for Building Interiors'. The report must also confirm if the recommendations for noise mitigation measures outlined in the assessment need to be implemented. 147 In the event of Council receiving complaints regarding excessive noise, the person(s) in control of the premises shall at their own cost arrange for an acoustic investigation to be carried out (by a suitably qualified person) and provide a report specifying the proposed methods for the control of noise emanating from the premises. Refuse & Trade Waste 148 Waste storage bins must be covered at all times to prevent entry of stormwater or dispersal by wind and must be sealed to prevent leakage. Maintenance of Waste Storage Area - Residential 149 All waste and recycling containers shall be stored in the designated waste storage area. The body corporate shall be cleaning the waste storage area, dry arrestor pit and waste collection containers. Alarms 150 Where audible intruder alarms are installed in the units by residents, they shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997. (Note: Condition 106 above, prevents the developer/builder from installing audible alarms). General 151 Identification numbers are to be clearly displayed at the front of the premises. Emergency Procedures 152 The owner of a building to which an essential fire safety measure is applicable must not fail to maintain each essential fire safety measure in the building premises to a standard not less than that specified in the Fire Safety Schedule. ________________________ R R Hussey Commissioner of the Court ljr ADVISORY NOTES A. The applicant's attention is drawn to the need to obtain Council's separate approval for any ancillary activity not approved by this consent, including: (a) Works, including the pruning or removal of any tree(s) not authorised in the preceding conditions or on the approved plans. Council's Tree Preservation Order protects trees by definition taller than 3.5m or having a trunk circumference exceeding 500mm measured one metre above ground level. If in doubt contact Council's Tree Management Officer. (b) Any fencing located forward of the proposed building and exceeding the limitations specified in Schedule 1 of Development Control Plan No. 32 "Guidelines for Exempt and Complying Development" . (c) The erection of any advertising sign, not being exempt from the need to obtain approval. (d) The installation of any furnace, kilns, steam boiler, chemical plant, sand blast, spray painting booth or the like. NOTE: * If you carry out building work as an owner builder and sell your home within seven (7) years from the date of completion (date of final occupation certificate), then a Certificate of Insurance must be attached to your Contract of Sale. B. Section 97 of the Act provides that an applicant who is dissatisfied with the Council's determination of the Development Application may appeal to the Land and Environment Court within twelve (12) months of the date of determination, or as otherwise prescribed. C. Section 82A of the Act provides that an applicant may request, within twelve (12) months of the date of determination of the Development Application, that the Council review its determination (this does not apply to integrated or designated development). A fee is required for this review. D. The applicant and Owner are advised that the Commonwealth Disability Discrimination Act 1992 may apply to this particular proposal. Approval of this application does not imply or confer compliance with this Act. Applicants and owners should satisfy themselves as to compliance and make their own enquiries to the Human Rights and Equal Opportunity Commission. Attention is also drawn to the provisions of Parts 2, 3 and 4 of Australian Standard 1428 - Design for Access and Mobility. E. Information regarding the location of underground services may be obtained from Sydney One Call Service (NSW Dial Before You Dig), telephone 1100, Fax 1300 652 077. Inquirers should provide SOCS with the street/road name and number, side of street/road and the nearest cross street/road. F. A Construction Certificate shall be obtained in accordance with Section 81A (2)(a)of the Act, prior to the commencement of any work on site. Council can provide this service for you. G. DEMOLITION a) Demolition is to be carried out in such a way and with such control measures as are necessary to prevent the occurrence of any dust, noise, runoff or other nuisance. b) All sediment/soil is to be prevented from entering Council's stormwater drainage system. c) The public footpath and roadway is to be protected against damage as a result of demolition activities and is to be kept clean and free of all soil and other materials. d) On completion of demolition the site is to be left in a clean and tidy condition. e) Holroyd City Council has a Tree Preservation Order which applies to the entire City of Holroyd. No ring-barking, cutting down, topping, lopping, removing, injuring or wilful destruction of any tree or trees exceeding 3.5m in height and 3m in branch spread shall take place without the prior written consent of Holroyd City Council. f) There shall be no burning of any waste, as this is prohibited within the City of Holroyd. g ) Demolition material can be recycled saving the environment and also tipping costs. For more information, contact the Environment Protection Authority's Recycling hotline on 9325 5555. h) Public roads shall be kept clean and free of any materials which may fall from vehicles or plant to ensure safety and amenity of the area. H. AMUSEMENT DEVICES Premises which contain more than two amusement devices (pinball, video games, etc) are regarded as "amusement centres" and require approval from Council in accordance with Development Control Plan No. 14. I. BANK GUARANTEES Bank guarantees will be accepted from list of banks which have at least an "A" rating from Standard and Poors and at least an "A2" or "Prime-1" standard from Moodys Investor Services. To get to Standard and Poors www.standardpoors.com then from Ratings Action choose Ratings Lists. Then click on Financial Institutions followed by clicking on Financial Institutions Counterparty Ratings List. Go to " Banks " and download to Australian Banks. To get to Moodys www.moodys.com then look up Ratings and then Banking and then Bank Ratings list. It will take you to Bank Credit Research page. Look at the table of contents and choose Global Bank Ratings by Country. Look up Australian Banks. J. SMOKE DETECTORS A system of self contained smoke alarms complying with the requirements of AS3786-1993, Smoke Alarms or listed in the Scientific Services Laboratory Register of Accredited Products being installed in the dwelling, connected to the mains power supply and provided with a standby power supply. Alarms are to be positioned on the ceiling and setback a minimum distance of 300mm from any wall. Alarms are to be placed in the vicinity of each area containing bedrooms with a minimum of one (1) alarm required for each storey of the dwelling. K. TERMITE PROTECTION Structural members are to be protected from attacked by subterranean termites in accordance with the requirements of AS3660.1-2000 Protection of building from subterranean termites and a durable notice must be affixed within the metre box indicating the type of protection, its date of installation, life expectancy of any chemical barrier used, and system maintenance and inspection requirements. A certificate of compliance of the approved system must be submitted to Council or the Principal Certifying Authority on completion of the system installation. With respect to chemical protection, a pipe system shall be installed beneath the slabs plastic membrane to allow re-application of the chemical border. L. WET AREAS Wet areas in the dwelling being waterproofed as required by AS3740-1994 Waterproofing of wet areas within residential buildings. M. SARKING To reduce the risk of injury during works to the roof, sarking with fall arresting ability is to be provided to the underside of the roof. Manufacturers specifications for the sarking is to be submitted to Council prior to its installation. N. MINIMISING WATER USE Examples of ways water use can be minimised in the car wash facility are: - the use of a gun type nozzle on the hose that closes when released and - filter and recycle wash water where possible. O. CAR WASH – RESIDENTIAL/COMMERCIAL (PAVED AREA) Washing of vehicles shall be conducted in a car washbay, which is roofed and bunded to exclude rainwater. The carwash bay shall be installed in accordance with Sydney Water's requirements. Full details shall be provided to the Principal Certifying Authority prior to the Construction Certificate being issued. The car wash bay shall be regularly cleaned and maintained. Alternative water management and disposal options may be appropriate where water is recycled, minimised or re-used on the site. P. CONSTRUCTION/OCCUPATION CERTIFICATE FEES An administration fee of $16.00 per certificate is payable to Council on lodgement of Construction and Occupation Certificates from Principal Certifying Authorities. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.