Land and Environment Court of New South Wales CITATION : Ingenious Investments Pty Limited (Formerly Wayne Hoskins) v Waverley Council [2004] NSWLEC 417 APPLICANT: PARTIES : Ingenious Investments Pty Limited (Formerly Wayne Hoskins) RESPONDENT: Waverley Council FILE NUMBER(S) : 10951 of 1998 CORAM: Watts C at 1 KEY ISSUES: Development Application - Development Consent :- Deletion of Condition 34 of the original consent LEGISLATION CITED: Waverley Local Environmental Plan 1996, (WLEP) - Multi-Unit Housing Development Control Plan No 1 (DCP1) - Waverley Development Control Plan No 14-Bicycle and Car Parking, (DCP14) - Environmental Planning and Assessment Act 1979; ss 96 CASES CITED: DATES OF HEARING: 14/05/2004 and 22/07/2004 EX TEMPORE 07/22/2004 JUDGMENT DATE : APPLICANT: Mr J L Doyle, solicitor SOLICITOR: Cowley Hearne Lawyers Pty Limited LEGAL REPRESENTATIVES: RESPONDENT: Mr G Newport, barrister, instructed by Mr M Staunton, solicitor SOLICITORS: Staunton Beattie JUDGMENT: Appeal No: 10951 of 1998A (s96) In the Land and Environment Court of New South Wales Ingenious Investments Pty Limited (Formerly Wayne Hoskins) v Waverley Council Judgment 1 This is an appeal under s 96 of the Environmental Planning and Assessment Act 1979 , against the decision of Waverley Council (the council) to refuse a modification application in respect of a development application to erect a three storey residential flat building containing twenty one (21) dwelling units with a basement car park for thirty two (32) vehicles at No 7-15 Wills Avenue, Waverley being Lots 1 and 2, DP 74750, and Lots 2, 3, and 4, DP 308569. 2 I visited the site on the morning of 22 July 2004 and met with the party's representatives, the intervenor and local residents. Present were: · Mr J Doyle, applicant's solicitor; · Mr J Craven, applicant's manager; · Mr J Coady, applicant's traffic engineer; · Cnr M Maine, Lawson Ward Councillor; · Mr G Newport, barrister, the council's counsel; · Mr M Staunton, solicitor of the council; · Mr P Brennan, the council's Director of Planning; · Mr D McBride, barrister, the intervenor's counsel; · Ms E Cox, intervenor; resident of No 6 Wills Avenue, Bronte; · Mr W Hemmings resident of No 10 Wills Avenue, Bronte; · Ms P Spratt, resident of No 14 Wills Avenue, Bronte; · Ms E Lunney, resident of No 10 Wills Avenue, Bronte; · Ms N Murray, resident of No 8 Wills Avenue, Bronte; · Ms V Wilson, Bronte Beach Precinct Committee member and resident of No 6 Albert Street, Bronte; · Ms F Brown, resident of No 3 Wills Avenue, Bronte, · Ms P Kenny, resident of No 16 Albion Street, Bronte, · Ms S Turner, resident of No 5/ 5 Wills Avenue, Bronte; · Ms L Cass, Bondi View, newspaper; and · Ms C Cass, Bondi View newspaper. The land 3 The land is situated on the western side of Wills Avenue towards the southern end of the cul-de-sac adjoining Varna Park. The land is slightly irregular in plan with a frontage to Wills Avenue of 40.005m, a variable depth of 36.855/35.435 and a rear boundary of 42.92m, giving an area of some 1447.27m2. Erected on the land are single-storey attached and detached brick cottages. 4 Nearby are found older style single-storey and two-storey attached and detached dwellings and residential flat buildings. To the west of the land is the Bronte Bowls Club and to the south is Varna Park. Relevant planning controls Waverley Local Environmental Plan 1996, (WLEP) 5 Under the WLEP, which was gazetted 6 December 1996 and updated 16 June 1998, the land is zoned Residential 2(c1)—medium and high density and the proposed use is permissible with consent. Development Control Plan No 1 - Multi-Unit Housing, (DCP1) 6 DCP1 was adopted by the council 28 April 1998 and was effective from 5 May 1998 and provides guidance for the siting and construction of all types of multi-unit housing permissible within the Waverley Local Government Area. Waverley Development Control Plan No 14—Bicycle and Car Parking, (DCP14) 7 DCP14 was adopted November 1994 and last amended 28 April 1998. Development Control Plan No 24 – Onslow Street/ Roscoe Street/ Willis Avenue, (DCP24) 8 DCP24 was adopted 24 November 1998 and was effective from 25 November 1998 and has the purpose: …to provide interim development controls pending investigating the rezoning of land in affected areas, that will reduce the size, bulk, and height of new multi-unit housing. The DCP(24) applies to hatched areas within Waverley council that are zoned 2(c1) under WLEP as shown on the maps attached as Schedule 1 (Onslow Street, Rose Bay), Schedule 2 (Roscoe Street (west), Bondi Beach), and Schedule 3 (Wills Avenue, Waverley). 9 The objectives of the DCP24 are: · to reduce the permissible size, bulk and height of new multi-unit housing in the affected areas; · to reduce the impact of new multi-unit housing in the affected area by reducing the potential for excessive traffic generation in Onslow Street, Roscoe Street and Wills Avenue, and · to reduce overshadowing of adjoining residential properties by new multi-unit housing. 10 Other relevant development control plans are: · Development Control Plan No. 19 Waste Management; · Waverley Development Control Plan No. 26 - Access; and · Waverley Development Control Plan No. 29 - Advertising and Notification. The issue 11 The salient issue was whether Condition 34 of the original consent should be replaced with a new condition. The first modification application 12 The applicant appealed the council's refusal of the original development application lodged with the respondent council on 2 October 1998, and the Court upheld the appeal and granted development consent on 30 April 1999 subject to thirty-four (34) conditions, including the last: 34. Submission of a "Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site. Such plan to address the hours of operation, employee vehicles, holding areas for vehicles wanting to access the site and truck routes. The "Construction Vehicle Plan of Management" is to be approved by Waverley Council Traffic Committee (such approval not to be unreasonably withheld) prior to construction or demolition works commencing on the site. 13 An application to modify development application (DA 242/98) was lodged with Waverley council on 6 February 2004. 14 On 11 March 2004 Waverley's Traffic Committee considered a 'Construction vehicle Plan of Management' under Condition No 34. The Committee by a unanimous decision refused this plan, for the following reasons: 1. Wills Avenue is too narrow to simultaneously allow the safe movement of heavy vehicles and parking of residents' vehicles. 2. It is unreasonably to require residents of Wills Avenue to remove their vehicles from the street each time a heavy vehicle needs to assess the site. 3. There is insufficient parking in the neighbouring streets to accommodate Wills Avenue residents' vehicles as well as construction-associated vehicles. 4. The laying up end reversing of heavy vehicles in Macpherson Street will cause substantial traffic delays and congestion, which will also impact on surrounding streets. 5. There being no footpath in Wills Avenue, heavy vehicles movements along the street will adversely affect pedestrian traffic, particularly residents and local school children who frequently use the street. 15 The Court first modified the application on 4 March 2004 and amended Condition 34: 34. Submission of a Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site. Such plan to address the hours of operation, employee vehicles, holding areas for vehicles waiting to access the site and truck routes. The "Construction Vehicle Plan of Management" is to be approved by Waverley Council Traffic Committee (such approval not to be unreasonably withheld) prior to construction or demolition works commencing on the site, excepting only that the works described in the Scope of Works for Physical Commencement Works' (prepared by Evolution Management and dated 20 February 2004) may be carried out before that approval is received (Attachment A to these orders). The second modification application 16 On 18 June 2004 his Honour Talbot J granted leave for a local resident Ms Ellenor Cox, who is the spokesperson for the local residents group, to intervene in the proceedings and vacated the hearing date of 21 June 2004. Since then the parties, including Ms Cox, have met and the applicant has agreed to amend its s 96 application and its proposed 'Construction Vehicle Management Plan' . The applicant, the council and the intervenor have agreed that the matter can now proceed by way of consent orders. 17 On 16 July 2004 the council notified by letter all objectors, and that the matter was to proceed by way of consent orders and included a copy of the proposed consent orders and construction vehicle management plan. The objectors were advised of their right to seek leave to appear before the Court and were asked to contact the council's solicitors if they wished to give oral evidence and/ or to provide a written submission by close of business 21 July 2004. 18 In addition the council's legal officer did a letterbox drop of the letter, consent orders and proposed 'Construction Vehicle Management Plan' to Wills Avenue and the surrounding properties. 19 The 'Construction Vehicle Management Plan' dated 15 July 2004 is referred to in Condition No 34, which reads: 34. All works during the approved demolition and construction, including the routing and control of construction vehicles accessing and exiting the site, the hours of construction work, management of employee vehicles, and holding areas for vehicles wanting to access the site, are to comply with the Construction Vehicle Management Plan dated 15 July 2004. 20 On the site inspection on the morning of 22 July 2004, the applicant's representative explained that the 'Construction Vehicle Management Plan' would remove the possibility during the construction period of articulated vehicles coming to the site along Wills Avenue. 21 Mr Newport, barrister for the council informed the Court, that all resident objectors had been notified of the hearing and there were no requests to be heard. 22 Despite this, the Court provided those present the opportunity to ask questions of the applicant's representatives concerning the traffic management proposals. 23 On-site 22 July 2004, by consent, the Court modified the application a second time, by amending Condition 34 to read: Orders by consent 24 My orders by consent are: 1. The appeal under s 96 of the Environmental Planning and Assessment Act 1979 is upheld. 2. Condition No 34 of the Development Consent issued by the Court on 30 April 1999 (and as modified by the Court on 4 March 2004) be deleted and replaced with a new condition. 3. Modification application dated 6 February 2004, in respect of development application No LD 242/98 to erect a three-storey residential flat building containing twenty one (21) dwelling units with a basement car park for thirty two (32) vehicles at No 7-15 Wills Avenue, Waverley, being Lots 1 and 2 DP 74750, and Lots 2, 3, and 4 DP 308569, is approved subject to Conditions Nos 1 to 34 in Annexure B. 4. The exhibits with the exception of Exhibits A, B, D, E, F, G, N, O, 1, 9, 10 and 11 are returned. S J Watts Commissioner of the Court sw In the Land and Environment Court of New South Wales Conditions of development consent Annexure B Ingenious Investments Pty Limited (Formerly Wayne Hoskins) v Waverley Council 1. Compliance in all respects with Plan Nos. DA 1, 2B, 3B, 4B, 5-15, and 16B, tables and documentation prepared by Brewster Murray Architects, dated 2 October 1998, except where amended by the following conditions of consent. 2. Pursuant to Section 94 of the Environmental Planning and Assessment Act 1979 and as a need brought about by the proposed development, the applicant/owner to contribute the sum of: (a) $7,524 towards Council's Open Space Reserve Fund for the acquisition, improvement and maintenance of Council Reserves and Parks in the locality, and (b) $6,965 towards Council's Library Facilities and resources providing information, cultural and recreational needs of the community, and (c) $493 towards Council's Senior Citizens Facilities and improvements, and (d) $805 towards Council's Bus Facilities for the provision and improvement of public transport access and facilities, and such amounts to be paid prior to the issue of the Construction Certificate. However, if such amounts in (a), (b), (c) and (d) are not received within two (2) years of the issue of the notice, then the contribution is to be up-graded in line with any new rates of contribution adopted by Council after application of an inflation factor. 3. That a total of 30 parking spaces, including 5 visitor parking spaces, are to be provided on the site resulting from a need brought about by the development. The layout and design of such car park to comply with the design standards as detailed within Waverley Development Control Plan No14- Bicycle and Car parking . 4. A total of 23 bicycle parking spaces are to be provided by way of a secure lockable area, individual lockers or suitable bicycle racks and are to be located within the ground floor foyer or adjacent within any forecourt, or within the car parking area. 5. The owner/applicant to lodge with Council a bond of $10,000, either as cash or by way of an unconditional bank guarantee, to ensure the care and maintenance to the existing Norfolk Island Pine tree; prior to the issue of a Construction Certificate. The bond will be released six (6) months from the completion of the landscaping works to ensure sufficient establishment of those works. 6. Submission of a detailed landscape plan by a qualified landscape architect or a qualified horticulturist, detailing landscape and improvement works to be carried out upon the development site. Such plan to be submitted to Council for approval by Council's Parks Superintendent. 7. A new vehicle crossing is to be provided to access the proposed car park areas. All work associated with the new vehicle crossing is to be carried out with the approval of, and in accordance with, the requirements of Council's Manager - Technical Services. 8. Vehicular access to the site and gradients of the vehicle access driveway(s) being in accordance with Australian Standard 2890.1 - Parking Facilities – Off Street Car Parking. 9. Vehicular circulation within the car park to be designed and marked out in accordance with Australian Standard 2890.1 - Parking Facilities - Off-Street Car Parking. 10. The site to be landscaped and turfed in accordance with the approved landscaped plan attached to the development application. 11. All seepage and surface waters and roof waters being collected and disposed off in accordance with Council's Stormwater Policy and in this regard, details prepared by a Hydraulics Engineer are to be submitted to and approved by the Principle Certifying Authority prior to the issue of a Construction Certificate. 12. The applicant to confer with Sydney Electricity to obtain that Authority's needs for the location of a kiosk type distribution centre on the subject land, and if deemed necessary, the applicant to make available land to that Authority for the siting of such kiosk/sub-station. Documentary evidence of compliance is to be provided to the satisfaction of the Principle Certifying Authority. 13. The method of collection and disposal of garbage and refuse arising from the usage of the building being in accordance with Waverley Development Control Plan No. 19 - Controls for Site Minimisation and Management . In this regard, a site waste management plan is to be prepared and approved by the Principle Certifying Authority prior to the issue of a Construction Certificate. 14. A deposit or guarantee satisfactory to Council for the amount of $10,000 must be provided as security for the payment of the cost of any one or more of the following: (a) making good any damage caused to any property of Council as a consequence of the doing of anything which the consent relates; (b) completing any public works (such as road work, kerb and guttering, footway construction, stormwater drainage and environmental controls) required in connection with the consent; (c) remedying any defects in such public work that arise within six months after the work is completed. 15. The building and demolition work must only be done between the hours of 7am and 5pm on Mondays to Saturdays and building work must not be carried out on Sundays and public holidays. 16. Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be done between the hours of 7am and 5pm on Mondays to Fridays and 9am and 1pm on Saturdays and work must not be carried out on Sundays or public holidays. 17. The building work must not be commenced until: (a) A Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act 1979 ; and (b) A Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with Section 81A(2)(b) of the Environmental Planning & Assessment Act 1979 and Form 7 of the Schedule 1 of the Regulations; and (c) Council is given at least two days notice in writing of intention to commence the building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principal Certifying Authority. Should Council be appointed the Principal Certifying Authority, the applicant/owner is to pay an inspection fee of $3,200 in accordance with Council's Pricing Policy prior to commencement of any works. 18. All building work must be carried out in accordance with the provisions of the Building Code of Australia. 19. The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work. 20. The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act 1989 , whereby a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the principle certifying authority that they have complied with the applicant requirements of Part 6, before any work commences. 21. All excavations and backfilling associated with the erection of demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property. 22. A final Occupation Certificate must be issued by the Principal Certifying Authority prior to occupation or use of the development. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied. 23. The open private balconies attached to the proposed building not to be enclosed at any future time, in accordance with the provisions of Council's General Policy and in this regard, the door openings within the external walls adjoining the private open balconies to be constructed so as to prevent the penetration of rain or other waters to the inner part of the building. 24. Notification of arrangement with Telstra and/or Optus for the provision of a telephone supply to each lot to be submitted to the satisfaction of the Principle Certifying Authority prior to the release of the Subdivision Certificate. 25. A schedule of external finishes shall be submitted for Council's consideration and approval prior to issue of the Construction Certificate. The schedule shall include details of proposed external walls and roofing materials in the form of either trade brochures or building samples. Where specified, the schedule shall also include window fenestration and window frame colour details, as well as fencing, paving and balustrading details and guttering, colour and profile. 26. Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings erected within the Council area so as to help protect the existing areas of rainforest. In this regard, a schedule of timber products proposed to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used. 27. The applicant is advised that Council policy prohibits the use of organochlorin pesticides as termite barriers in new development. Rather, in accordance with Australian Standard 3660: Protection of building from subterranean termites - Prevention, detection and treatment of infestation, physical barriers are to be used. 28. The submission of a Compliance Certificate under Section 73 of the Water Board (Corporatisation) Act 1994 . Sydney Water may require you to construct works and/or pay developer charges. Accordingly, you should make immediate application to Sydney Water to avoid problems in servicing your development. 29. Where building works or alterations involve the building/demolition and/or removal of materials comprising asbestos-cement or red lead, such work shall be undertaken in a manner that complies with practices approved by the NSW WorkCover Authority. This action will contribute to the reduction of asbestos related disease. 30. A Soil and Water Management Plan (also known as an Erosion and Sedimentation Plan) shall be prepared and approved by Council or an accredited Certifier, and implemented prior to commencement of any site works or activities. All controls to be maintained at all times. (Refer to SSROC's Soil and Water Management Brochure and the NSW EPA's Draft Managing Urban Stormwater: Construction Activities). 31. Council's warning sign for soil and water management must be displayed on the most prominent point of the building site, visible to both the street and site works. The sign must be displayed throughout the construction period. (A copy of the sign is available from Council). 32. Stockpiles of topsoil, sand, aggregate, soil or other material shall be stored clear of any drainage line or easement, natural watercourse, kerb or roadways shall be swept regularly to maintain them free from sediment. 33. In regard to the 3 affordable housing dwelling units within this development, the applicant is to comply with a Deed of Agreement prepared by Council's solicitor between the applicant and Council where the applicant shall agree to the following conditions: (a) 3 x 1 bedroom with study dwelling units within the development are to be made available for rental tenure for affordable housing for a period of 10 years from the date of the Agreement. (b) For the 10-year period mentioned in (a) above, the units would be rented below the first rental quartile for Waverley Local Government Area. Details upon the rental level are to be addressed within the Agreement. (c) The units are to be managed by a community organisation identified by Council and are to provide accommodation for identified households that are on low to moderate incomes. Details of the management arrangements are to be addressed in the Agreement. (d) The Agreement is to be given effect as a Public Positive Covenant pursuant to Section 88(E)(2) of the Conveyancing Act 1919 . (e) The Agreement is to be executed prior to the final inspection occupation of the building, ie. Building Classification. (f) The provisions outlined in the executed Agreement are to be placed on the Title of the land and registered with the Registrar General prior to the final inspection occupation of the building, ie. Building Classification. 34. All works during the approved demolition and construction, including the routing and control of construction vehicles accessing and exiting the site, the hours of construction work, management of employee vehicles, and holding areas for vehicles wanting to access the site, are to comply with the Construction Vehicle Management Plan dated 15 July 2004 attached. S J Watts Commissioner of the Court IN THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES INGENIOUS INVESTMENTS PTY LTD Applicant WAVERLEY COUNCIL Respondent MS ELLENOR COX Intervenor 15 July 2004 Nos 7-15 Wills Avenue Bronte NSW Construction Vehicle Management Plan 14 July 2004 1.0 RELATIONSHIP OF THIS PLAN This Construction Vehicle Management Plan (" Plan" ) relates to the construction of a 21 apartment residential flat building (" Development ") at Nos 7-15 Wills Avenue Bronte NSW (" Site "). The registered proprietor of the Site or person acting upon the development consent pursuant to which this Plan is made shall ensure that a copy of this Plan is provided to each person who is to work on the Site or control a Construction vehicle used in connection with the Development to be undertaken on the Site. 2.0 OBJECTIVES OF THIS PLAN The objectives of this Plan are to ensure that the following outcomes are achieved in Wills Avenue and surrounds during the course of the construction of the Development on the Site: a) All residents of Wills Avenue and their visitors will have pedestrian and vehicle access to the properties in Wills Avenue at all times. b) All residents of Wills Avenue and their visitors will be able to park their cars in the Wills Avenue at all times. c) Wills Avenue will be clear of Construction vehicles at all times. d) The passage of Construction vehicles along Wills Avenue will be conducted in a safe manner with minimal disruption to resident access. e) There will be no Prohibited Vehicles in Wills Avenue at anytime. f) There will be no loading or unloading of Construction vehicles on Wills Avenue. All loading and unloading of Constructions vehicles will take place on the Site. g) There will be no turning around of Trucks in the hammerhead at the end of Wills Avenue. A turning area is to be provided on the site sufficient to ensure that all Trucks can enter and exit Wills Avenue in a forward direction . h) All Construction vehicles will access and egress Wills Avenue in a forward direction. i) There will be no parking of any Construction Vehicles in the hammerhead at the end of Wills Avenue. j) There will be two qualified traffic controllers available to guide Trucks to and from the Site. Where there is a conflict between any of the following provisions of this Plan and the above objectives then the conflict will be resolved on the basis that the above objectives will prevail. 3.0 DEFINITIONS The following definitions apply to the interpretation of this Plan: Construction vehicles Any vehicle, being a car, truck or specialist equipment, used for servicing the site construction works, including delivery or removal of materials, equipment or personnel but excluding Prohibited Vehicles. Trucks Any heavy vehicle of over 3 tonne tare weight used for servicing the site construction works excluding Prohibited Vehicles. Prohibited Vehicles Any articulated vehicle or vehicle fitted with a non-detachable trailer, any vehicle greater than 2.5m in width, any rigid vehicle unable to turn utilising the turning area provided on site so as to enter and exit Wills Avenue in a forward direction. 4.0 COMMUNICATIONS 4.1 Nominated Representatives The implementation of this Plan is to be undertaken using nominated representatives from each of the parties relevant to the Plan. The nominated representatives for each party are: The Property Owner Evolution Management, John Craven, ph 93871333. The Building Contractor Parkview Constructions, Tony Touma, ph 82597388. The Residents Group Ellenor Cox, 6 Wills Avenue, ph 9386 5866. Waverley Council Director Planning, Peter Brennan, ph 9369 8073. The nominated representatives for each party may be changed by notice to the other parties at any time provided that the change will not be effective until such time as the notice is given. 4.2 Prohibited Vehicles No Prohibited Vehicles are to be used in the construction of the Development on the Site. Under no circumstances are Prohibited Vehicles permitted in Wills Avenue in connection with the construction of the Development on the Site. 4.3 Works Schedule Prior to the commencement of work, the Contractor is to prepare a schedule of work to be undertaken on the Site with an associated schedule of Truck movements. The schedule is to be issued to the parties for information. In preparing the works schedule, the Contractor is to acknowledge the statutory school holiday periods and, where possible, seek to minimise Truck movements during these periods. 4.3 Coordination Where Waverley Council or the Residents Group is aware of any separate activities which may require the use of heavy vehicles in Wills Avenue or any other vehicles of sufficient size to compromise Construction vehicle access to the site, then the party is to advise the Contractor to allow such activities to be coordinated with the Contractor's schedule of work. 4.4 Work Method Statement Prior to the commencement of work, the Contractor is to prepare a detailed work method statement describing the various methods and strategies to be employed in meeting with the detailed requirements of this Plan. The work method statement is to be issued to the parties for information. 4.5 Traffic Incidents During the implementation of this Plan, the Contractor is to maintain a written record of any traffic management incidents observed by the traffic controllers or as advised by the residents. The written record of any identified incidents must include the vehicle details, driver details and a description of the incident, including photographs where relevant and shall be made available for inspection by any party when required. Upon the identification of an incident, the Contractor is to review the effectiveness of the work method statement and, where necessary, propose improvement to the work method statement, as agreed by the parties, to avoid a repeat of the incident. 5.0 SITE LAYOUT 5.1 Construction Vehicle Turnaround The Site is to be prepared to include for an on-site Construction vehicle turn around of sufficient width and depth to suit the turning needs of the Construction vehicles. The vehicle turnaround is to be constructed of material suitable to allow the manouevring of Construction vehicles at all times. The construction turn around shall be constructed as soon as possible after construction of the Development commences. There will be no turning around of trucks in the hammerhead at the end of Wills Avenue. All turning around of Construction vehicles will take place on Site using the Construction vehicle turn around. All Construction vehicles will access and egress Wills Avenue in a forward direction. 5.2 Construction Vehicle Loading Bay The construction site is to be prepared to include for an on-site construction vehicle loading bay of sufficient width and depth to suit the loading needs of the construction vehicles. The construction vehicle loading bay shall be constructed as soon as possible after construction of the Development commences. All loading and unloading of Constructions vehicles will take place on the Site using the Construction vehicle loading bay. No loading of Trucks or Construction vehicles is permitted on Wills Avenue at anytime. 6.0 SITE ACCESS HOURS AND OPERATIONS 6.1 Site Access Hours Truck access to the site along Macpherson Street and Wills Avenue is to be restricted to the periods outside of the peak times that Wills Avenue will be used by the residents. For the avoidance of doubt no Trucks will be permitted in Macpherson Street and Wills Avenue for the following periods: · Morning : 7am – 8.30am. · Afternoon : 4.30pm – 5pm. 6.2 Site Operations There will be no works whatsoever undertaken on the Site on Saturdays and no Construction vehicles are permitted to use Wills Avenue on Saturdays. 7.0 VEHICLE PARKING 7.1 Construction Vehicle Parking Construction vehicles must not be parked in Wills Avenue at anytime. Construction vehicles must be parked wholly within the boundaries of the Site or on the western side of Leichhardt Street adjacent to Varna Park. 7.2 Parking Restriction Works Permanent vehicle parking restriction devices are to be installed on Macpherson Street at the entry of Wills Avenue by the Contractor at the Contractor's costs at the direction of Waverley Council. 8.0 SITE ACCESS FOR CONSTRUCTION VEHICLES 8.1 Regional Truck Routes Trucks are to only approach Wills Avenue from the west along Macpherson Street, arriving either from Carrington Road or Darley Road. The same route is to be used for exit of Construction vehicles. 8.2 Access to Wills Avenue Truck movements are to be managed in Wills Avenue by not less than two dedicated vehicle traffic controllers who will be present for the duration of the construction of the Development whenever Trucks are proposed to access or egress Wills Avenue. All traffic controllers responsible for controlling the movement of trucks must hold building industry qualifications for traffic control and demonstrate appropriate industry experience. Trucks are to enter Wills Avenue only at the approval of the vehicle traffic controller. Entry to and exit from Wills Avenue is to be in the forward direction only. 8.3 Construction Vehicles Trucks greater than 2.5M will not be permitted to enter Wills Avenue. Trucks that are articulated or fitted with a non-detachable trailer will not be permitted to enter Wills Avenue. Trucks that are of excessive length to prevent use of the vehicle turnaround will not be permitted to enter Wills Avenue. 9.0 TRAFFIC MANAGEMENT 9.1 Traffic Controllers All access and egress to Wills Avenue and the Site is to be managed by two qualified traffic controllers equipped with standard traffic management equipment including high visibility vests, stop/go signs, direction torches and moveable barricades. The controllers are to be on site by 7:30am. 9.2 Access at Macpherson Street Upon entry or exit from Wills Avenue, all Trucks are to be guided to and from the prevailing traffic within Macpherson Street by the traffic controllers. Macpherson Street traffic is to be temporarily halted by the traffic controllers during the entry/exit manoeuvre. 9.3 Traversing Wills Avenue No Trucks are to enter upon Wills Avenue if a resident vehicle or a pedestrian is traversing Wills Avenue. Upon entry onto Wills Avenue, the traffic controllers are to guide the progress of the Truck along the Street at a maximum vehicle speed of 5kph or walking pace. Each Truck is to be guided at both the front and the back by the two traffic controllers. During the traverse, resident vehicles and pedestrians will be temporarily prevented from using Wills Avenue. The traverse is to be signposted at each end of the street to inform pedestrians. The traffic controllers are to guide vehicles along Wills Avenue in a manner with the express intent to avoid any physical risk to residents, pedestrians and resident vehicles. 9.4 Priority No Trucks are to enter upon Wills Avenue if a resident vehicle or pedestrian is traversing the Street. 10.0 ON STREET WORKS 10.1 Road Works The project requires the construction of a range of public works assets on behalf of Waverley Council. This work includes: · New footpath and road crossovers. · New road kerbing and gutters. · New roadway. 10.2 Services Connections The project requires the construction of a range of services connections to the existing street services, including: · Water connection. · Gas connection. · Sewer connection. · Stormwater connection. 10.3 Traffic Management The works are to be conducted in accordance with item 9.0 of this document. Where construction works directly relate to the roadway of Wills Avenue, as outlined in 10.1 and 10.2 above, then these works are to be conducted during the period of 8.30am – 4.30pm only. During the conduct of the on-street works, each of the work areas is to be temporarily barricaded with high visibility safety barricade mesh supported on ballasted posts. Portions of road subject to an open excavation are to be covered with an asphalt bedded thick steel plate suitable to support vehicle traffic over the excavations. 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.