Land and Environment Court of New South Wales CITATION : Small v Woollahra Municipal Council [2008] NSWLEC 1239 This decision has been amended. Please see the end of the judgment for a list of the amendments. APPLICANT Andrew Small PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 11102 of 2007 CORAM: Hoffman C KEY ISSUES: Development Application :- stormwater drainage, sewer, frontage, parking, privacy, bulk, overland flooding, landscaping, zoning LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Woollahra Local Environmental Plan 1995 DATES OF HEARING: 21/05/2008; 22/05/2008; EX TEMPORE JUDGMENT DATE : 22 May 2008 APPLICANT Mr S. Griffiths, solicitor Ms N. Lowe, solicitor Instructed by R.V Vickers LEGAL REPRESENTATIVES: of Pike Pike & Fenwick RESPONDENT Ms J. Hewitt, solicitor and Mr T. Davis, solicitor of HWL Ebsworth JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Hoffman C 22 May 2008 11102 of 2007 Andrew Small v Woollahra Municipal Council JUDGMENT 1 This is a Class 1 appeal number 11102 of 2007 between Dr Andrew Small and Woollahra Council in regard to the refusal of a proposal to demolish an existing house and build a three storey building containing three flats and an underground car park for six cars at 128 Bellevue Road, Double Bay. 2 The site is part way up the road that it follows the curves of Bellevue Hill. The site is on the lower side of the road. The land slopes downhill towards Carlotta Avenue. The site is near the apex of a convex curve in the road and this topography has created a fan-shaped allotment for the subject site. The site is about 880 square metres in area with a rear boundary of about 25 m and a 13.6 m frontage at the present time. The statutory frontage required is fifteen metres. The uphill neighbouring property has agreed to a boundary adjustment to provide a 15.2 m frontage so there is compliance with cl 10B of the Woollahra Local Environmental Plan 1995. 3 The proposal has a two car wide drive entry off the street and the access to the underground car park is by car lift. The entry drive allows one car to wait within the property while another car goes into or comes out of the car lift. The design means cars will enter and leave the site in a forward direction which is a superior safety arrangement to the houses along Bellevue Road. Most of them have to reverse in one direction or another in the street reserve. The residents advise the speed of cars, the curves in the road and on-street parking make reversing a hazardous manoeuvre. A traffic and parking study in exhibit F verifies the design and says it will work. 4 The units are designed with an entry stairway from the street down the western side boundary that adjoins 130 Bellevue Road which is a very large detached house. The units have another access via a lift and stairs from the car park to each floor. The proposal has one unit on the top floor, the roof of which is about level with the street, and it has a large terrace facing south across the valley. 5 On the middle floor there are two units. The northern unit has living rooms facing north-west across one terrace, and it has another terrace on the northern side within the front setback. The southern unit has bedrooms and a study looking south on this middle level with stairs down to the bottom level. The bottom level has the living room of that unit and its south-facing ground level terrace and plunge pool. The underground car park is behind this unit on the bottom level. 6 The building has a ten metre rear setback with landscaped grounds in that area. The existing large trees in this rear area are to be kept, including along part of the side setback with No. 130. A large cedar in the front yard is to be removed due to the construction process however it is to be replaced with a chinese elm. 7 The amended plans also allow for additional deep soil planting area and increased landscape vegetation. A large amount of supplementary vegetation is proposed in the front, the rear and the east­side areas and part of the west side. The entry stairs coming downhill on the west side restricts planting area for part of that space.Number 130 has a high masonry side boundary wall adjoining most of the stairway that will protect it from noise and people on the stairs. In the locations adjoining the house on No.130 the high fence on the boundary will screen any persons however No.130 has very few if any windows on that elevation. 8 Below the site are houses built further downhill on Carlotta Avenue being Nos. 30, 32 and 34. Number 36 Carlotta Avenue is a battle-axe lot that has townhouses built at the uphill end adjoining the rear boundary of Nos 124 and 126 Bellevue Road. 9 Numbers 124 and 126, the eastern neighbour of the subject site, has a development consent for five units that are not yet built. In that approval an easement for stormwater drainage through No.s 32, 34 and 36 Carlotta was included. Unfortunately the grantors of that easement had terminated their agreement to it. As a result action via the Conveyancing Act 1919 or the Land and Environment Court 1979 may have to be taken if a new agreement cannot be reached. 10 The easement and the stormwater pipe design was shown by engineering evidence in this case to be adequate to take stormwater from No. 128 as well. This may enable compliance with cl 25(2) of the Woollahra Local Environmental Plan 1995 . Number 128 and No. 36 Carlotta have only the corner of allotments that adjoin each other. 11 Should this appeal be upheld and approval foreshadowed cl 25(2) would require the deferral of any Court orders to that effect until an easement is registered. The subject appeal had been through a s 34 conference that had enabled the parties to resolve all their differences apart from cl 25(2). They come to the Court with consent orders. 12 The Respondent was represented by: o Ms J Hewitt, solicitor, o Mr T Davis, solicitor, o Mr Gray, Arborist, and o Mr Schofield, Town Planner. 13 The Applicant was represented by: o Mr S Griffiths, solicitor, o Ms N Lowe, solicitor, o Mr A Betros, town planner o Mr Karikios, civil engineer o Mr Brenchley, architect and o Mr Gatenby, Landscaper. 14 A number of Objectors gave evidence, namely Mr and Mrs Adler of 30 Carlotta Avenue, Mrs Mackey, 131 Bellevue, Mr Di Veroli, architect representing the units at 36 Carlotta and Mrs G Gollen of 135 Bellevue Road. The written objections of a number of other persons in the locality were in evidence. 15 A summary of their concerns are; 1. stormwater drainage, 2. sewer overloading, 3. footprint of the building exceeds the control, 4 frontage is too small, 5. car lift and visitor parking impractical, 6. noise of car lift, 7. metal gates and other equipment, 7. privacy, 8. bulk, 9. overdevelopment in this locality and 10. car parking should be on the roof of buildings on the low side of the street. 16 The stormwater concerns of the objectors are legitimate on several fronts. Apparently Bellevue Road becomes a river in times of heavy rain. Due to the speed and volume of run-off it sloshes over the footpath and into persons' properties causing overland flow damage. The Council has had a study done by Patterson Britten, a civil engineer firm, and its overall strategy is, I am told, to keep the water within Bellevue Road all the way to the bottom of the hill. As a result new development has to keep water out. 17 This development has been amended to raise the drive entry and to have solid street fences to keep the water out. At the pedestrian entry gate the design has three steps up before the stairs descend. This creates a barrier to stop street water coming in. 18 Another aspect of stormwater is that the earlier houses date from 1920s and probably disposed of their stormwater on their own land. In times of high rainfall the overland flow plus the roof water and paved area water cause problems for people below in Carlotta Street. The objectors are concerned the increased roof and paved area of medium density development compared to detached houses will make it worse. 19 One wonders a little about this with the inspections of No.s 126 and 130 Bellevue Road carried out during the hearing. Both these properties have extensive paved areas plus the houses that must shed water downhill at the present time. The proposal by comparison will pipe all its roof and paved area water to an on-site detention tank and then drain it via the easement to Council drains in Carlotta Avenue. The engineer calculates this will reduce any run-off to 50 per cent what it is now. 20 The objectors are concerned about the capacity of the detention system. The evidence shows has been sized to the one-in-100-year design storm. This is the maximum size required for this sort of system. The objectors are concerned about any blockage or failure of the system, and I was told it is designed with leaf and branch collectors for first storm flush, and at other points along the system to minimise blockages. There are conditions for regular maintenance to avoid build up of debris. This goes as far as one can to avoid blockages. 21 The Adlers are concerned that part of the rear setback above their property cannot be drained to the stormwater system because of the topography. Mr Gatenby said that the area they refer to has existing large trees and will have more planted, and the vegetation will need any rain it gets there to survive. With that and the reduction of overland flows by the drainage system the Adlers must get less overland flow stormwater than now. 22 The Adlers were also concerned about overlooking. I was taken to their deck area which is elevated above a swimming pool and poolside terrace area in their backyard. This pool and its terrace are excavated into the hill with stepped retaining walls uphill with thick hedges above. The terrace and pool areas could not be seen from the proposed building. The rear deck might be seen from the top floor south balcony of Unit 1. 23 There has been however a change to the design to install a three metre wide planter trough that keeps people on the Unit 1 balcony three metres back from the edge. Mr Betros did a sight line projection and had the opinion that a person on the balcony might see the Adlers' roof but not their deck or rear windows. In any case, Mr Betros said, the distance of separation is 40 m plus, when the accepted separation for suburban privacy without any screen is 16 m. 24 The vegetation in Adlers and on the subject site with its retained large trees and supplementary trees would soften and screen any view of the proposal from Adlers. Mr Gatenby said he could plant some extra trees to further ensure a green outlook for the Adlers, and this was made a condition. 25 In regard to sewer overload there is an existing problem of manholes of sewer mains popping in heavy rain. The sewer main runs along the rear boundaries of the Bellevue Road allotments. Persons with manholes in their yards or those below are affected, and do not like the prospect of more dwellings uphill adding to the volume. 26 I was told Sydney Water had done an investigation to try to stop roof water downpipes, et cetera, being connected into the sewer but it had not seemed to do any good. The residents had asked the Council to work on this also and said that the result is, in their opinion, no authority wants to take ownership of the problem. 27 Mr Karikios said that there is another possibility because the sewer mains would be old pipes. It is possible there are many cracks and in high rainfall the ground water forces itself into the pipes and creates the extra volume that blows the manholes. In time these old sewer mains will have to be replaced. That circumstance cannot be blamed on the proposal, he said. The development will have to seek a certificate from Sydney Water prior to construction and the applicant would carry out any requirements. That is all any new development could do. 28 The site frontage compliance is dealt with by deferred commencement condition for the necessary boundary adjustment mentioned before. 29 The car lift and visitor parking is dealt with by the transport and traffic planning report. Although some visitors may park in the street, the required on site visitor car space is provided. Although the Council development control plan prefers that visitor spaces be at ground level, the Respondent has accepted that for three flats the visitor traffic generation is quite small, and access via the car lift is acceptable due to the small number of vehicles per day using it. 30 Mr Schofield said that car lifts are not generally favoured. But on this difficult site, allowing the car park in the basement enables the living spaces, namely the apartments, to occupy the upper levels of the building and therefore have better solar access. This is important in his opinion because their principal aspects are either south or west and the design enables them to enjoy better living amenity. 31 In regard to noise the Council has applied the usual condition to prevent mechanical equipment noise being above acceptable limits for neighbours. This applies to the car lift as well as any other equipment. The lift is enclosed in masonry construction and is unlikely to produce much outside noise because of that. 32 Some of the neighbours said the clanging of metal gates to houses and units is already a nuisance in the area. The proposal has metal gates at each level creating an entry court for each unit as well as the pedestrian front gate. There are no gates on the drive entry. The Applicant accepted a condition that all metal gates must have rubber buffers installed to prevent clanging. 33 Mrs Williams of No. 130 Bellevue Road had not objected on privacy or bulk issues in regard to the amended plans that had emerged from the s 34 conference. The amendments had increased the side setbacks for the proposal to her property, retained some existing trees in the side setback, and planted more trees and vegetation, and installed privacy screens apparently to her satisfaction. 34 In regard to the footprint or site coverage of the building, the Residential 2B medium density zone that the site is located in, has a control of 30 per cent of the site area. The proposal is 40.5 per cent. 35 The Council has not raised that as an issue given the amendments that have increased the deep soil planting area, and the revised landscape plans together with the increased side setbacks, and the resolution of privacy concerns. Also the Council considers the design as good quality given the difficult and very steep site. 36 The Council also formed the opinion, and I agree with it, that aesthetically and from an urban design and streetscape point of view, the design fits in with the approved development at Nos. 124-126 Bellevue Road. 37 On the streetscape issue the Council had been concerned about the height and visibility of the car lift, however it is realised that the flood problems on Bellevue Road require the raising of the driveway as previously described. The Applicant has shown that the car lift mechanism required the structure proposed and there is no alternative that might allow it to be lowered. The structure is to be stone-clad masonry, set back about 7 m from the front fence, and the doorway to the car lift is to be matt finished stainless steel. 38 Also with the extra site width the car lift structure occupies only part of the visible street frontage. The improved landscape plan will actually increase the vegetation and trees seen from the street compared to the existing, which is largely obscured by a double car garage right on the street boundary. 39 In regard to overdevelopment in the locality the Council and the Applicant noted that across Bellevue Road from the site is low density Residential 2A zone for detached houses, and uphill a little distance, both sides of the street is zone 2A. However from several allotments uphill of this site and the rest of the lots downhill, and all the houses in Carlotta Avenue are medium density Residential 2B zone. 40 The zoning has been that way for about thirteen years but the take up of medium density development has been slow. The location of the zone was determined by Council, I was told, probably due to its proximity to the Double Bay Shopping centre and public transport. 41 The subject proposal and the one uphill at No.s 124-126, and for that matter the townhouses at 36 Carlotta Avenue, are more indicative of the future character at this part of Bellevue Road and Carlotta Avenue than the existing detached houses. The change to medium density development is what is wanted by the Council. The Respondent is satisfied that the development complies with both the objectives of the local environmental plan and the objectives of the Residential 2B Zone. I agree with that opinion. 42 The Respondent noted that Mr Gray is now generally happy with the landscape proposal including the new requirement for arborist supervision of the installation of the stormwater pipe through vegetation and trees on No.s 32, 34 and 36 Carlotta Avenue. He is satisfied that this would minimise any damage and enable re-landscaping of any lost vegetation. 43 The parties had reviewed the draft conditions during the hearing and had added and amended generally in accord with this judgment. 44 Given the evidence and the consent orders sought I have formed the opinion there is no reason sufficient to refuse the development subject to the satisfaction of cl 25(2) of the Woollahra Local Environmental Plan 1995 and the deferred commencement condition for the boundary adjustment. 45 The Court orders by consent that: 1. Development consent is foreshadowed in respect of the proposal at No.128 Bellevue Rd, Bellevue Hill, subject to conditions annexed hereto and marked A, being conditions in Exhibit 3 of this hearing, as the Court is satisfied that clause 25(2) of the Woollahra Local Environmental Plan 1995 can be satisfied, subject to a formal easement being obtained by the Applicant. 2. The proceedings are adjourned to allow the applicant to obtain, or to make an action to obtain and register an easement for drainage of stormwater for the development at 128 Bellevue Road, Bellevue Hill, in accordance with the following plans: (i) Construction Stormwater Management Plan Easement for drainage – Option B Drawing number CK20.02 Issue C dated 20 Feb 2008 prepared by Acor Consultants. (ii) Concept Stormwater Management Plan Drawing number C1.01 Issue C dated 15 April 2008 by Acor Consultants. 3. Issue of Final Orders and Conditions are deferred pending the outcome of Order 2 above. 4. The exhibits are returned to the parties except Exhibits 3, 8, A, B, C, D & J. 5. Parties are to appear at Mention on 24 November 2008 to advise progress, with liberty to restore to the List on 2 days Notice should matters progress more quickly. ___________________ K.G. Hoffman Commissioner of the Court kb Final Orders 1. Subsequent to the Orders of the Court on 22 May 2008, the required easement has been granted, and this appeal is upheld. 2. Development consent is granted for the demolition of the existing buildings on No. 128 Bellevue Road, Bellevue Hill, and the erection thereon of a residential flat building of 3 storeys containing 3 flats and carparking for 6 cars, all as shown on drawings listed in Condition A.4 of Annexure A hereto as modified by and built in accordance with the conditions in Annexure A hereto. 3. The respondent to forward an electronic copy of the updated Exhibits 3, today, for issue as Annexure A. Annexure 'A' Conditions of Consent For the demolition of existing buildings at No.128 Bellevue Road, Bellevue Hill and the erection thereon of a 3-storey apartment building containing 3 flats and a carpark for 6 cars. A. General Conditions A.1 Deferred Commencement - (s80(3) of the Act, cl.95 of the Regulation) Development consent is granted subject that this consent is not to operate until the applicant satisfies the Council, in accordance with the Regulations , as to all matters specified in this condition: a. That the person with the benefit of the consent must provide Council with a copy of a registered deposited plan which demonstrates that the boundary adjustment between No's 126 and 128 Bellevue Rd, Bellevue Hill, illustrated on Dwg No: 2007-013-DA01, Issue C, dated 14.02.08, drawn by Brenchley Architects has been implemented. Period within which evidence must be produced The applicant must produce evidence to Council sufficient enough to enable it to be satisfied as to those matters above within 365 days (1 year) of the date of determination. Clause 95(4) of the Regulation : " The applicant may produce evidence to the consent authority sufficient to enable it to be satisfied as to those matters and, if the consent authority has specified a period for the purpose, the evidence must be produced within that period ." If the evidence is not produced with within 365 days (1 year) of the date of determination this deferred commencement consent is of no effect, the consent does not operate and no construction certificate can be issued. No development can lawfully occur under this consent unless it operates. Note : Nothing in the Act prevents a person from doing such things as may be necessary to comply with this condition. (See section 80(3) of the Act ) This consent does not operate until Council has acknowledged compliance with this condition in writing. Note: Implementing the development prior to written confirmation of compliance may result in legal proceedings. If such proceedings are required Council will seek all costs associated with such proceedings as well as any penalty or order that the Court may impose. No Construction Certificate can be issued until all conditions including this condition required to be satisfied prior to the issue of any Construction Certificate have been satisfied. Standard Condition: A3 A.2 Conditions Consent is granted subject to the following conditions imposed pursuant to section 80 of the Environmental Planning & Assessment Act 1979 ("the Act ") and the provisions of the Environmental Planning and Assessment Regulation 2000 ("the Regulation ") such conditions being reasonable and relevant to the development as assessed pursuant to section 79C of the Act. Standard Condition: A1 A.3 Definitions Unless specified otherwise words have the same meaning as defined by the Act , the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard ® or Australian/New Zealand Standard ®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate . Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney's eastern suburbs (see the brochure titled "Local Native Plants for Sydney's Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: a. The collection of stormwater, b. The retention of stormwater, c. The reuse of stormwater, d. The detention of stormwater, e. The controlled release of stormwater; and f. Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site . Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act . Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: a. the use of land in connection with development, b. the subdivision of land, c. the erection of a building, d. the carrying out of any work, e. the use of any site crane, machine, article, material, or thing, f. the storage of waste, materials, site crane, machine, article, material, or thing, g. the demolition of a building, h. the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of land, i. the delivery to or removal from the site of any machine, article, material, or thing, or j. the occupation of the site by any person unless authorised by an occupation certificate . Note : Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2 A.4 Approved Plans and supporting documents Those with the benefit of this consent must carry out all work and maintain the use and works in accordance with the plans and supporting documents listed below as submitted by the Applicant unless modified by any following condition . Where the plans relate to alterations or additions only those works shown in colour or highlighted are approved. Reference Description Author/Drawn Date(s) 14/02/08 2007 / 013 / DA01 – 2007 / 013 / DA04 and 2007 / 013 / DA06 – DA 07 Architectural Plans DA01 2007-013-DA05 13/07/2007 Flooding and Overland Flow Patterson Britton & Partners P/L 06/09/06 19373ZRpt Geotechnical Report Jeffery & Katauskas P/L 21/04/05 5015-01 & 5015-02 Landscape Plans Peter Glass 21/2/2008 (Issue D) Arborists Report Apex Tree & Garden 11/12/2007 CK20.02, (Issue C) Stormwater Management Plan for easement Acor Consultants 20/02/08 C1.01 (Issue C) Stormwater Management Plan Acor Consultants 15/04/2008 07317 Assessment of Access and Parking Traffic & Transport Planning Assoc December 2007 Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan. Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g) of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate .) Standard Condition: A5 A.5 Ancillary Aspect of the Development (s80A(2) of the Act) The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council's "Specification for Roadworks, Drainage and Miscellaneous Works" dated January 2003 unless expressly provided otherwise by these conditions at the owner's expense. Note : This condition does not affect the principal contractor's or any sub-contractors obligations to protect and preserve public infrastructure from damage or affect their liability for any damage that occurs. Standard Condition: A8 A.6 Prescribed Conditions Prescribed conditions in force under the Act and Regulation must be complied with. Note : It is the responsibility of those acting with the benefit of this consent to comply with all prescribed conditions under the Act and the Regulation . Free access can be obtained to all NSW legislation at www.legislation.nsw.gov.au Standard Condition: A30 A.7 Grey Water Treatment Separate approval is required under Section 68 of the Local Government Act 1993 for the Grey Water treatment plant. B. Conditions which must be satisfied prior to the demolition of any building or construction. B.1 Establishment of Tree Protection Zones To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements; (a) Tree Protection Zone areas Council Reference No: Species Location Radius from Trunk (Metres)* 4 Lophostemon confertus Brush Box Rear – West boundary 2m 5 Lophostemon confertus Brush Box Rear – West Boundary 2m 6 Jacaranda mimosifolia Jacaranda Rear – South boundary 2m (b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works. (c) Trunk protection, to a maximum height permitted by the first branches, is to be installed around the trunks of the trees listed in the table below; Council Reference No: Species Location 4 Lophostemon confertus Brush Box Rear – West boundary 5 Lophostemon confertus Brush Box Rear – West Boundary 6 Jacaranda mimosifolia Jacaranda Rear – South boundary A padding material eg. Hessian or thick carpet underlay, is to be wrapt around the trunk first. Harwood planks, 50x100mm and to the maximum possible length, are to be placed over the padding and around the trunk of the tree at 150mm centres. These planks are to be secured in place by 8 gauge wire at 300mm spacing. (d) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist. (e) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone. (f) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels. (g) The storage of materials, stockpiling, siting of works sheds, preparation of mixes, cleaning of tools or equipment is not permitted within Tree Protection Zones. Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction. Standard Condition: B5 C. Conditions which must be satisfied prior to the issue of any Construction Certificate. C.1 Modification of details of the development (s80A(1)(g) of the Act) The approved plans must be amended and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation , must detail: a. Landscape drawing number 5015-01, Issue D, dated 21 February 2008, prepared by Peter Glass & Associates, is to be amended so that the area of deck to the southwest of the building, adjacent to the pool, is deleted. b. The landscaped roof on the southern and western sides of the terrace to Unit 1is to be contained within a 400mm high elevated planter box. Note : The effect of this condition is that it requires design changes and/or further information to be provided with the Construction Certificate drawings and specifications to address specific issues identified during assessment under section 79C of the Act . Note : Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition unless the Certifying Authority is satisfied that the condition has been complied with. Note : Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with this consent. Standard Condition: C4 C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the Local Government Act 1993) The person(s) with the benefit of this consent must pay the following long service levy, security, development levy, and fees prior to the issue of any construction certificate, subdivision certificate or occupation certificate , as will apply. The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees. Specifically a. prior to the issue of a construction certificate , where a construction certificate is required; or b. prior to the issue of a subdivision certificate , where only a subdivision certificate is required; or c. prior to the issue of an occupation certificate in any other instance. Description Amount Indexed Council Fee Code LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986 Long Service Levy Contact LSL No Use Calculator: http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm Corporation or use their online calculator SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979 Property Damage Security Deposit - Making good any damage caused to any property of the Council as a consequence of the doing of anything to which the consent relates. $24 000 No T115 Infrastructure Works Bond -Completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with the consent. $16,600 No T112 DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2005 This plan may be inspected at Woollahra Council or downloaded from our website www.woollahra.nsw.gov.au . Development Levy (S94A) $11,000 + Index Amount Yes, quarterly T96 INSPECTION FEES under section 608 of the Local Government Act 1993 Public Road and Footpath Infrastructure Inspection Fee $363.25 No T45 Security Administration Fee $168 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES $52 131.25 Plus any relevant indexed amounts and long service levy Building & Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building & Construction Industry Long Service Payment Act , 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate . Note : The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation's website http://www.lspc.nsw.gov.au/ or by telephoning the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by: a. Cash deposit with Council, b. Credit card payment with Council, or c. Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: a. the guarantee is by an Australian bank for the amount of the total outstanding contribution; b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first; c. the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and d. the bank's obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required. How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2005 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2005 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: a. the reasons given; b. whether any prejudice will be caused to the community deriving benefit from the public facilities; c. whether any prejudice will be caused to the efficacy and operation of this plan; and d. whether the provision of public facilities in accordance with the adopted works schedule will be adversely affected. Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where: a. the guarantee is by an Australian bank for the amount of the total outstanding contribution; b. the bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first; c. the bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and d. the bank's obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5 Standard Condition: C7 C.3 Professional Engineering Details The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include detailed professional engineering plans and/or specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation. Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate . Note: This does not affect the right of the developer to seek staged Construction Certificates Standard Condition: C36 C.4 Structural Adequacy of Existing Supporting Structures A certificate from a professional engineer (Structural Engineer), certifying the adequacy of the existing supporting structure to support the additional loads proposed to be imposed by the development, must be submitted with the Construction Certificate application. Note : This condition is imposed to ensure that the existing structure structural is able to support the additional loads proposed. Standard Condition: C35 C.5 Road and Public Domain Works – Council approval required This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage) within existing roads, must be submitted to Council's Development Engineer and approved by Council under the Roads Act 1993, before the issue of any Construction Certificate . To accommodate this requirement, the following infrastructure works must be carried out on Council property at the Applicants expense: Drainage – Carlotta Street - Construction of a standard gully pit in the kerb adjacent to 36 Carlotta St in accordance with Council's Standard "Grated Gully Pit with extended Kerb Inlet" drawing DR1. - Construction of approximately 10m of 375mm RCP in-ground drainage line. The line must connect to the existing Council stormwater system by construction of a new DGGP located downstream outside 33 Carlotta St - The developer shall be responsible for carrying out any service investigations to allow a gravity connection. Bond - A bond of $16,600 will be used as security to ensure the satisfactory completion of the infrastructure works. The security or bank guarantee must the original and not have an expiry date. - Council may use all or part of the Infrastructure Bond as well as the Property Damage Security Deposit to meet the cost of removing or completing the works if they do not meet Council's requirements. - The Deposit/Bond will not be released until Council has inspected the site and is satisfied that the Works have been completed in accordance with Council approved drawings and to Council requirements An "Application to carry out works in a Public Road" form (available from Councils web-site http://www.woollahra.nsw.gov.au ) must be completed and lodged, with the Application fee, at Councils Customer Services counter. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following: - Engineering drawings (plan, sections and elevation views) and specifications of the footpath, driveways, kerb & gutter, new gully pit showing clearly the connection point of site outlet pipe(s). Note, the connection drainage lines must be as direct as possible and generally run perpendicular to the kerb alignment. - Engineering drawings of the new drainage line to be constructed joining the new and existing drainage pits including services. - The design of the works must be in accordance with Council's Draft Stormwater Drainage Management DCP (Draft Version 1.1 Dated 14/12/06) available from Council's website www.woollahra.nsw.gov.au. Four weeks should be allowed for assessment. - Access levels and grades to and within the development must match access levels and grades within the road approved under the Roads Act 1993. All public domain design and construction works must comply with Council's " Specification for Roadworks, Drainage and Miscellaneous Works " dated January 2003 unless expressly provided otherwise by these conditions. This specification can be downloaded from www.woollahra.nsw.gov.au . Note: To ensure that this work is completed to Council's satisfaction, this consent by separate condition, may impose one or more Infrastructure Works Bonds. Note : F our (4) weeks is to be allowed for the Roads Act assessment Note : Road has the same meaning as in the Roads Act 1993. Note : The intent of this condition is that the design of the road, footpaths, driveway crossings and public stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate . Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent. Standard Condition: C13 C.6 Utility Services Generally The Construction Certificate plans and specifications, required by clause 139 of the Regulation , must demonstrate that all utility services (telecommunications, electricity, gas, water and waste water) will be provided underground. All service ducts, pipes and conduits must be provided within the fabric of the building (excluding stormwater down pipes). Where telecommunications and electricity are provided from existing poles in the road they must, in accordance with the relevant suppliers' requirements, be carried to the site underground directly to the main switch board within the fabric of the building. Note : Where adequate provision has not been made for an electrical sub-station within the building, this may necessitate the lodgement of an application to amend this consent under section 96 of the Act to detail the location, landscape/streetscape impacts and compliance with AS2890 as applicable. The location of service poles and substations required by the relevant suppliers must be shown upon the plans submitted with any Construction Certificate application together with a letter from each relevant supplier setting out their requirements. Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building unless expressly shown upon the approved DA plans. Details confirming compliance with this condition must be shown on the Construction Certificate plans and/or detailed within the Construction Certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on the Construction Certificate plans. Note : The intent of this condition is that the design quality of the development must not be compromised by cables, pipes, conduits, ducts, plant, equipment, electricity substations or the like placed such that they are visible from any adjoining public place. They must be contained within the building unless shown otherwise by the approved development consent plans. The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where they are not found by inspection to be UPVC or copper with continuously welded joints. Note : This condition has been imposed to ensure that where private sewer pipes are old, may leak or may be subject to root invasion (whether from existing or proposed private or public landscaping) that existing cast iron, concrete, earthenware or terracotta pipes be replaced with new UPVC or copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main, such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe and unhealthy conditions which must be remedied in the public interest. Standard Condition: C20 C.7 Geotechnical and Hydrogeological Design, Certification & Monitoring The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a. Provide appropriate support and retention to ensure there will be no ground settlement or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure. b. Provide appropriate support and retention to ensure there will be no adverse impact on surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater). c. Provide foundation tanking prior to excavation such that any temporary changes to the groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time. d. Provide tanking of all below ground structures to prevent the entry of all ground water such that they are fully tanked and no on-going dewatering of the site is required. e. Provide a Geotechnical and Hydrogeological Monitoring Program that: i. Will detect any settlement associated with temporary and permanent works and structures; ii. Will detect deflection or movement of temporary and permanent retaining structures (foundation walls, shoring bracing or the like); iii. Will detect vibration in accordance with AS 2187.2-1993 Appendix J including acceptable velocity of vibration (peak particle velocity); iv. Will detect groundwater changes calibrated against natural groundwater variations; details: - the location and type of monitoring systems to be utilised; - the preset acceptable limits for peak particle velocity and ground water fluctuations; - recommended hold points to allow for the inspection and certification of geotechnical and hydro-geological measures by the professional engineer; and - a contingency plan. - Standard Condition: C40 C.8 Ground Anchors This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit. The use of permanent ground anchors under Council land is not permitted. Temporary ground anchors may be permitted, in accordance with Council's "Rock Anchor Policy", where alternative methods of stabilisation would not be practicable or viable, and where there would be benefits in terms of reduced community impact due to a shorter construction period, reduced disruption to pedestrian and vehicular traffic on adjacent public roads, and a safer working environment. If temporary ground anchors under Council land are proposed, a separate application, including payment of fees, must be made to Council under Section 138 of the Roads Act 1993. Application forms and Council's "Rock Anchor Policy" are available from Councils web-site http://www.woollahra.nsw.gov.au . Approval may be granted subject to conditions of consent. Four weeks should be allowed for assessment. Note: To ensure that this work is completed to Council's satisfaction, this consent by separate condition, may impose one or more Infrastructure Works Bonds. Note : Road has the same meaning as in the Roads Act 1993. Note : Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: " Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road." Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road. Standard Condition: C41 C.9 Bicycle, Car and Commercial Parking Details The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed plans and specifications for all bicycle, car and commercial vehicle parking in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities , AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively and including the following: - Access levels and grades must comply with access levels and grade required by Council under the Roads Act 1993. - The design must include sufficient storage to ensure that a vehicle queuing to enter a mechanical parking installation does not extend beyond the property boundary. - A waiting bay, of sufficient size to enable an incoming vehicle to wait whilst a second vehicle exits the site, must be provided. (It is not acceptable for the waiting vehicle to reverse onto the footpath to enable the second vehicle to manoeuvre off the site. - The minimum length of a waiting bay is 6 metres and has a maximum grade of 1 in 20 (5%). - Details of the ongoing maintenance and operation of mechanical parking installations. - The car lift is to have a traffic signal system must be employed to warn approaching vehicles of a vehicle exiting the mechanical car lift. The signal must be clearly visible from the roadway and must default to street level when not in use. - The proposed car lift must be installed in accordance with the standards and guidelines of the manufacturer, AS2890.1 and Council The internal driveway is to comply with the flood protection measures recommended in the Flooding and Overland Flow report prepared by Patterson Britton & Partners P/L dated 6th September 2006 The Certifying Authority has no discretion to reduce or increase the number or area of car parking or commercial parking spaces required to be provided and maintained by this consent. Standard Condition: C45 C.10 Stormwater management plan Clause 25(2) WLEP 1995) The Construction Certificate plans and specifications, required by clause 139 of the Regulation , must include a Stormwater Management Plan for the site. The Stormwater Management Plan must detail: a. general design in accordance with stormwater disposal concept plan and concept stormwater management plan by Acor dwg no C1.01, issue C, dated 15/04/08 and stormwater management plan easement for drainage dwg no CK20.02, issue C, dated 20/02/2008. Other than amended by this and other conditions; b. the discharge of stormwater, by direct connection, to the existing Council drainage system outside No 33 Carlotta St by underground pipe system to Council specification c. compliance the objectives and performance requirements of the BCA; d. any rainwater tank required by BASIX commitments including their overflow connection to the Stormwater Drainage System , and e. general compliance with the Council's draft Development Control Plan Stormwater Drainage Management (draft version 1, public exhibition copy dated 14 December 2006), and f. on-site stormwater detention ("OSD'). OSD Requirements The minimum (OSD) Site Storage Requirements ("SSR") and the Peak Site Discharge ("PSD") from the site must be in accordance with the following minimum storage/discharge relationships based upon a 1000m2 site area: Average Reoccurrence Interval PSD L/s Minimum Site Storage Requirement (SSR) m³ 2 year 23.5 L/s 4m³ 25m³ – Dwelling House 100 year 34 L/s 27m³ – Residential Flat Building 29m³ – Other Development All values based on per 1000m² site area (interpolate to site area). Where a rainwater tank is proposed in conjunction with OSD, the volume of the rainwater tank may contribute to the SSR as follows: i. Where the rainwater tank is used for external uses only, 40% of the rainwater tank volume to a maximum of 4m³ , or ii. Where the rainwater tank is used for external and internal uses, 75% of the rainwater tank volume to a maximum of 7.5m³. Example : The Site Storage Requirements may be 25,000 litres and a 10,000 litre rainwater tank is to be used for garden irrigation. Therefore, the rainwater tank contributes 4,000 litres toward SSR. Therefore, the OSD tank needs to be 21,000 litres (25,000 litres less the 4,000 litres allowance). Note: 1m³ = 1,000 litres. The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include: - All pipe layouts, dimensions, grades, lengths and material specification, - Location of On-Site Detention, - All invert levels reduced to Australian Height Datum (AHD), - Location and dimensions of all drainage pits, - Point and method of connection to Councils drainage infrastructure, and - Overland flow paths over impervious areas. On-site Detention (OSD) details : - Any potential conflict between existing and proposed trees and vegetation, - Internal dimensions and volume of the proposed detention storage, - Diameter of the outlet to the proposed detention storage basin, - Plans, elevations and sections showing the detention storage basin invert level, centre-line level of outlet, top water level, finished surface level and adjacent structures, - Details of access and maintenance facilities, - Construction and structural details of all tanks and pits and/or manufacturer's specifications for proprietary products, - Details of the emergency overland flow-path (to an approved Council drainage point) in the event of a blockage to the on-site detention system, - Non-removable fixing details for orifice plates where used, Easements Copies of certificates of title, showing the creation of private easements to drain water by gravity from the site to Carlotta Road as shown on plan by Acor, dwg no CK20.02, issue C, dated 20/02/2008, are to be submitted to Council. Subsoil Drainage - Subsoil drainage details, clean out points, discharge point. Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable manner. Standard Condition: C51 C.11 Flood protection The Construction Certificate plans and specifications, required by clause 139 of the Regulation , must include a Flood Risk Management Plan on the basis of a 1:100 year flood at the top of the existing kerb as determined by the Flooding and Overland Flow report prepared by Patterson Britton & Partners P/L dated 6th September 2006 detailing: a. Habitable floor levels not less than 300mm above the flood level. b. Non-habitable floor levels not less than 150mm above flood level. c. Driveway crest not less than 150mm above flood level before descending into the site (as applicable) and associated training walls to prevent entry of water. Note: The revised driveway profile, gradients and transitions must be in accordance with Australian Standard 2890.1 – 2004, Part 1 (Off-street car parking). The driveway profile submitted to Council must contain all relevant details: reduced levels, proposed grades and distances. Council will not allow alteration to existing reduced levels within the road or any other public place to achieve flood protection. C.12 Swimming and Spa Pools – Child Resistant Barriers The Construction Certificate plans and specifications required by clause 139 of the Regulation must demonstrate compliance (by showing the proposed location of all child-resistant barriers and the resuscitation sign) with the provisions of the Swimming Pools Act 1992. Note : A statement to the effect that isolation swimming pool fencing complying with AS1926 will be installed does not satisfy this condition. The location of the required barriers and the sign must be detailed upon the Construction Certificate plans. Standard Condition: C55 C.13 Swimming and Spa Pools – Backwash The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must detail the connection of backwash to Sydney Waters sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note : The plans must show the location of Sydney Waters sewer, the yard gully or any new connection to the sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note : The discharge of backwash water to any stormwater system is water pollution and an offence under the Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any stormwater system is an offence under the Protection of the Environment Operations Act 1997. Standard Condition: C56 C.14 Acoustic Certification of Mechanical Plant & Equipment The Construction Certificate plans and specification required to be submitted pursuant to clause 139 of the Regulation must be accompanied by a certificate from a professional engineer (acoustic engineer) certifying that noise from the operation of mechanical plant and equipment will not exceed the background noise level when measured at any boundary of the site. Where sound attenuation is required this must be detailed. Note: Further information including lists of Acoustic Engineers can be obtained from : 1. Australian Acoustical Society — professional society of noise-related professionals ( www.acoustics.asn.au /index.php ). 2. Association of Australian Acoustical Consultants — professional society of noise related professionals ( www.aaac.org.au ). Standard Condition: C62 C.15 Water and waste water - Section 73 Developers Certificate & Upgrading of existing system (Clause 25(1) WLEP 1995) A developer compliance certificate under Part 6, Division 9 of the Sydney Water Act 1994 must have been issued by the Sydney Water Corporation prior to the issue of any Construction Certificate . The effect of this certificate is that adequate provision has been made or is available for the provision of potable water to and the removal of waste water from the development. Note : Following application to Sydney Water, a 'Notice of Requirements' will detail water and sewer extensions to be built and charges to be paid. Please make early contact with Sydney Water's authorised Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. Note : Further information can be obtained from the Sydney Water Corporation on or telephone 13 20 92 or by visiting their web site: http://www.sydneywater.com.au/html/yourHome/edeveloper/urban_dev_qa.cfm . The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where they are not found by inspection to be Sewer grade UPVC or copper with continuously welded joints. Note : This condition has been imposed to ensure that where private sewer pipes are old, may leak or may be subject to root invasion (whether from existing or proposed private or public landscaping) that existing cast iron, concrete, earthenware or terracotta systems are replaced with new UPVC or copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main as part of the development, such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe and unhealthy conditions which must be remedied in the public interest. See: http://www.sydneywater.com.au/Publications/Factsheets/SewerfixLookingAfterYourSewerPipes.pdf Standard Condition: C22 D. Conditions which must be satisfied prior to the commencement of any development work D.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: a. that the work must be carried out in accordance with the requirements of the Building Code of Australia, b. in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This condition does not apply: a. to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or b. to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made. Note : This condition must be satisfied prior to commencement of any work in relation to the contract of insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the Building Code of Australia. Standard Condition: D1 D.2 Security Fencing, Hoarding and Overhead Protection Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725. Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare. Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either a. the vertical height above footpath level of the structure being demolished is less than 4.0 m; or b. the least horizontal distance between footpath and the nearest part of the structure is greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must a. extend from the common boundary to 200mm from the edge of the carriageway for the full length of the boundary; b. have a clear height above the footpath of not less than 2.1 m; terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and c. together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa. The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection. The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm . Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like. Note : The principal contractor or owner must allow not less than two (2) weeks from the date of making a hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees. Standard Condition: D11 D.3 Site Signs The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times. "Erection of signs 1. For the purposes of section 80A (11) of the Act , the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work. 2. A sign must be erected in a prominent position on any site on which building work, subdivision `work or demolition work is being carried out: a. showing the name, address and telephone number of the principal certifying authority for the work, and b. showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and c. stating that unauthorised entry to the work site is prohibited. 3. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. 4. This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building. 5. This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State's building laws." Note : PCA and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which imposes a penalty exceeding $1,000). Note : If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation . Standard Condition: D12 D.4 Toilet Facilities 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 to a public sewer, or c. if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or d. 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. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note : This condition does not set aside the requirement to comply with Workcover NSW requirements. Standard Condition: D13 D.5 Erosion and Sediment Controls – Installation The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a. The Soil and Water Management Plan if required under this consent; b. " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and c. " Managing Urban Stormwater - Soils and Construction " published by the NSW Department of Housing 4th Edition" ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. Note : The International Erosion Control Association – Australasia ( http://www.austieca.com.au/ ) lists consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia. Note : The "Do it Right On Site, Soil and Water Management for the Construction Industry" publications can be down loaded free of charge from www.woollahra.nsw.gov.au . Note : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning . It is a criminal offence to cause, permit or allow pollution. Note : Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution" Warning , irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed. Standard Condition: D14 D.6 Establishment of boundary location, building location and datum Prior to the commencement of any work the principal contractor or owner builder must ensure that a surveyor registered under the Surveying Act 2002 sets out: a. the boundaries of the site by permanent marks (including permanent recovery points); b. the location and level of foundation excavations, footings, walls and slabs by permanent marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datum ("AHD") in compliance with the approved plans; c. establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and d. provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA. Note : Where the principal contractor or owner builder notes any discrepancy between the approved development consent and the Construction Certificate , especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor or owner builder should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent. Note : On larger developments, or where boundary redefinition is required, the placement of new State Survey Marks as permanent marks should be considered by the registered surveyor. Standard Condition: D18 D.7 Dilapidation Reports for existing buildings Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely "zone of influence" of any excavation, dewatering and/or construction induced vibration. These properties must include (but is not limited to): a. 130 Bellevue Road b. 126 Bellevue Road c. 30 Carlotta Road The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work . Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work. Standard Condition: D4 D.8 Adjoining buildings founded on loose foundation materials The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer . Note : A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919. Standard Condition: D6 D.9 Construction Management Plan As a result of the site constraints, limited space and access a Construction Management Plan is to be submitted to Council. Due to the lack of on-street parking availability a Work Zone may be required from Council during construction. A construction management plan must be submitted and approved by Council's Development Engineer. The plan must:- a. describe the anticipated impact of the construction works on: - local traffic routes - pedestrian circulation adjacent to the building site - and on-street parking in the local area, and; b. describe the means proposed to: - manage construction works to minimise such impacts, - provide for the standing of vehicles during construction, - provide for the movement of trucks to and from the site, and deliveries to the site, and; c. show the location of: - any site sheds and any anticipated use of cranes and concrete pumps, - any areas of Council property on which it is proposed to install a Works Zone (Construction Zone), - structures to be erected such as hoardings, scaffolding or shoring, - any excavation. d. describe the excavation impact on the area including - Number and types of trucks to be used - Time frame - Streets to be used - Routes to be taken - Directions of travel - Truck storage areas - It is recommended that vehicle routes be shared - Excavation is to only be carried out outside peak and school hours between 9.30am to 2.30pm week days - The CMP is to include both demolition and excavation works. e. show the location of all Tree Protection (Exclusion) Zones as required within the conditions of this development consent. The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion. Note: A minimum of eight weeks will be required for assessment. Work must not commence until the Construction Management Plan is approved. Failure to comply with this condition may result in fines and proceedings to stop work. Standard Condition: D9 D.10 Work (Construction) Zone – Approval & Implementation A work zone is required for this development. The principal contractor or owner must apply for, obtained approval for, pay all fees for and implemented the required work zone before commencement of any work. The principal contractor must pay all fees associated with the application and occupation and use of the road as a work zone. All Work Zone signs must have been erected by Council to permit enforcement of the work zone by Rangers and Police before commencement of any work. Signs are not erected until full payment of work zone fees. Note : The principal contractor or owner must allow not less than four weeks (for routine applications) from the date of making an application to the Traffic Committee (Woollahra Local Traffic Committee) constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport Administration Act 1988. Note: The enforcement of the work zone is at the discretion of Council's Rangers and the NSW Police Service. The principal contractor must report any breach of the work zone to either Council or the NSW Police Service. Standard Condition: D10 E. Conditions which must be satisfied during any development work E.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work: a. that the work must be carried out in accordance with the requirements of the Building Code of Australia, b. in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This condition does not apply: a. to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or b. to the erection of a temporary building. In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Standard Condition: E1 E.2 Compliance with Australian Standard for Demolition Demolition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993. Standard Condition: E2 E.3 Critical Stage Inspections Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation . Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act . critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note : The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be satisfied that work is proceeding in accordance with this consent. Note : The PCA may, in addition to inspections, require the submission of Com pliance Certificates , survey reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development. Standard Condition: E5 E.4 Hours of Work –Amenity of the neighbourhood a. No work must take place on any Sunday or public holiday, b. No work must take place before 7am or after 5pm any weekday, c. No work must take place before 7am or after 1pm any Saturday, and d. No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday. e. No rock excavation being cutting, boring, drilling, breaking, sawing, jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour. This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note : The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council. Note : Each and every breach of this condition by any person may be subject to separate penalty infringement notice or prosecution. Note : The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis. Note : Compliance with these hours of work does not affect the rights of any person to seek a remedy to offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000. Note : EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm . Note : see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf Standard Condition: E6 E.5 Maintenance of Vehicular and Pedestrian Safety and Access The principal contractor or owner builder and any other person acting with the benefit of this consent must: a. Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway. b. Not use the road or footway for the storage of any article, material, matter, waste or thing. c. Not use the road or footway for any work . d. Keep the road and footway in good repair free of any trip hazard or obstruction. e. Not stand any plant and equipment upon the road or footway. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a. Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all relevant parts of this set of standards. b. Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. Note : Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval. Note : Section 138 of the Roads Act 1993 provides that a person must not: (a) erect a structure or carry out a work in, on or over a public road, or (b) dig up or disturb the surface of a public road, or (c) remove or interfere with a structure, work or tree on a public road, or (d) pump water into a public road from any land adjoining the road, or (e) connect a road (whether public or private) to a classified road, otherwise than with the consent of the appropriate roads authority. Note : Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the council including: Part C Management of Waste: "1. For fee or reward, transport waste over or under a public place 2. Place waste in a public place 3. Place a waste storage container in a public place." Part E Public roads: "1. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway 2. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road." Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway. Standard Condition: E7 E.6 Filling of site To the extent that this consent permits filling of the site such fill must be virgin excavated natural material ("VENM") . VENM means " Virgin excavated natural material (such as clay, gravel, sand, soil and rock) that is not mixed with any other type of waste and which has been excavated from areas of land that are not contaminated with human-made chemicals as a result of industrial, commercial, mining or agricultural activities and which do not contain sulphidic ores or soils ." Note : This definition is the same as in Schedule 1 of the Protection of the Environment Operations Act 1997 , Appendix IX: Types of waste. Note : Sulphidic ores and soils are commonly known as Acid Sulphate Soils. Note : If a person transports waste to a place (the site) that cannot lawfully be used as a waste facility for that waste: (a) the person, and, (b) if the person is not the owner of the waste, the owner, are each guilty of an offence under section 143 of the Protection of the Environment Operations Act 1997. Note : A person who is the owner or occupier (principal contractor) of any land that cannot lawfully be used as a waste facility and who permits the land to be used as a waste facility is guilty of an offence under section 144 of the Protection of the Environment Operations Act 1997 . Note : Additional information is available from the following websites: Illegal waste dumping - http://www.epa.nsw.gov.au/waste/dumping.htm Is that fill legal? http://www.epa.nsw.gov.au/resources/012648web.epa%20fill.dl%20bro.pdf Standard Condition: E18 E.7 Site Cranes Site Crane(s) and hoist(s) may be erected within the boundary of the land being developed subject to compliance with Australian Standards AS 1418, AS 2549 and AS 2550 and all relevant parts to these standards. Cranes must not swing or hoist over any public place unless the principal contractor or owner builder have the relevant approval under the Local Government Act 1993 , Crown Lands Act 1989 or Roads Act 1993 . The crane must not be illuminated outside approved working hours other than in relation to safety beacons required by the Civil Aviation Safety Authority under the Civil Aviation Act 1988 (Cth). No illuminated sign(s) must be erected upon or displayed upon any site crane. Note : Where it is proposed to swing a crane over a public place the principal contractor or owner builder must make a separate application to Council under section 68 of the Local Government Act 1993 and obtain activity approval from Council prior to swinging or hoisting over the public place. Note : Where it is proposed to swing a crane over private land the consent of the owner of that private land is required. Alternatively, the principal contractor or owner builder must obtain an access order under the Access to Neighbouring Land Act 2000 or easement under section 88K of the Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriate. The encroachment of cranes or the like is a civil matter of trespass and encroachment. Council does not adjudicate or regulate such trespasses or encroachments. Standard Condition: E19 E.8 Check Surveys - boundary location, building location, building height and stormwater drainage system relative to Australian Height Datum The Principal Contractor or Owner Builder must ensure that a surveyor registered under the Surveying Act 2002 carries out check surveys and provides survey certificates confirming the location of the building(s) and the stormwater drainage system relative to the boundaries of the site and that the height of buildings and the stormwater drainage system relative to Australian Height Datum complies with this consent at the following critical stages. The Principal Contractor or Owner Builder must ensure that work must not proceed beyond each of the following critical stages until compliance has been demonstrated to the PCA's satisfaction: a) Upon the completion of foundation walls prior to the laying of any floor or the pouring of any floor slab and generally at damp proof course level; b) Upon the completion of formwork for floor slabs prior to the laying of any floor or the pouring of any concrete and generally at each storey; c) Upon the completion of formwork or framework for the roof(s) prior to the laying of any roofing or the pouring of any concrete roof; d) Upon the completion of formwork and steel fixing prior to pouring of any concrete for any ancillary structures, swimming pool or spa pool or the like; e) Driveway transitions and crest thresholds prior to pavement of driveways; f) Stormwater Drainage Systems prior to or post construction confirming location, height and capacity of works. Note : This condition has been imposed to ensure that development occurs in the location and at the height approved under this consent. Standard Condition: E20 E.9 Placement and use of Skip Bins The principal contractor or owner builder must ensure that all waste storage containers, including but not limited to skip bins, must be stored within the site unless: a) Activity Approval has been issued by Council under section 94 of the Local Government Act 1993 to place the waste storage container in a public place, and b) Where located on the road it is located only in a positions where a vehicle may lawfully park in accordance with the Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. Note : Waste storage containers must not be located on the footpath without a site specific activity approval. Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards. Standard Condition: E21 E.10 Dust Mitigation Dust mitigation must be implemented in accordance with " Dust Control - Do it right on site " published by the Southern Sydney Regional Organisation of Councils. This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as practically possible to minimise dust. Note 1 : " Dust Control - Do it right on site " can be down loaded free of charge from Council's web site www.woollahra.nsw.gov.au or obtained from Council's office. Note 2: Special precautions must be taken when removing asbestos or lead materials from development sites. Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply. Note 3: Demolition and construction activities may affect local air quality and contribute to urban air pollution. The causes are dust, smoke and fumes coming from equipment or activities, and airborne chemicals when spraying for pest management. Precautions must be taken to prevent air pollution. Standard Condition: E23 E.11 Compliance with Construction Management Plan All development activities and traffic movements must be carried out in accordance with the approved construction management plan. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request. Note : Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking legislation prevails. Standard Condition: E3 E.12 Maintenance of Environmental Controls The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: (a) Erosion and sediment controls, (b) Dust controls, (c) Dewatering discharges, (d) Noise controls; (e) Vibration monitoring and controls; (f) Ablutions; Note 1: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information. Standard Condition: E11 E.13 Compliance with Geotechnical/Hydrogeological Monitoring Program Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer . The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and hydrogeological measures by the professional engineer ; and c) the contingency plan. Note : The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council's recommendation that the author of the report be retained during the construction stage. Standard Condition: E12 E.14 Support of adjoining land and buildings A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed. Note : This condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a) the consent of the owners of such adjoining or supported land to trespass or encroach, or b) an access order under the Access to Neighbouring Land Act 2000, or c) an easement under section 88K of the Conveyancing Act 1919, or d) an easement under section 40 of the Land & Environment Court Act 1979 as appropriate. Note : Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land). Note : Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: " Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road." Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road. Note : The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council's care control or management, or any community or operational land as defined by the Local Government Act 1993. Standard Condition: E13 E.15 Vibration Monitoring Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed. If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity an audible alarm must activate such that the principal contractor and any sub-contractor are easily alerted to the event. Where any such alarm triggers all excavation works must cease immediately. Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer . Where the event requires, in the opinion of the professional engineer , any change in work practices to ensure that vibration at the level of the footings of any adjacent building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these changes in work practices must be documented and a written direction given by the professional engineer to the principal contractor and any sub-contractor clearly setting out required work practice. The principal contractor and any sub-contractor must comply with all work directions, verbal or written, given by the professional engineer . A copy of any written direction required by this condition must be provided to the Principal Certifying Authority within 24 hours of any event. Where there is any movement in foundations such that damaged is occasioned to any adjoining building or such that there is any removal of support to supported land the professional engineer , principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and take immediate action under the direction of the professional engineer to prevent any further damage and restore support to the supported land . Note : Professional engineer has the same mean as in Clause A1.1 of the BCA. Note : Building has the same meaning as in section 4 of the Act i.e. " building includes part of a building and any structure or part of a structure". Note : Supported land has the same meaning as in section 88K of the Conveyancing Act 1919. Standard Condition: E14 E.16 Erosion and Sediment Controls – Maintenance The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and c) " Managing Urban Stormwater - Soils and Construction " published by the NSW d) Department of Housing 4th Edition (" The Blue Book "). Where there is any conflict The Blue Book takes precedence. Note 1 : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution. Note 2 : Section 257 of the Protection of the Environment Operations Act 1997 provides that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution". Warning , irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution. Standard Condition: E15 E.17 Disposal of site water during construction The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution , as defined by the Protection of the Environment Operations Act 1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water; c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas. Note : This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution. Standard Condition: E17 E.18 Compliance with Council's Specification for Roadworks, Drainage and Miscellaneous Works Road works and work within the Road and Footway All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council's Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The owner , principal contractor or owner builder must meet all costs associated with such works. This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places. Note: A copy of Council's " Specification for Roadworks, Drainage and Miscellaneous Works " can be down loaded free of charge from Council's website www.woollahra.nsw.gov.au Standard Condition: E24 E.19 Tree Preservation All persons must comply with Council's Tree Preservation Order ("the TPO"), other than where varied by this consent. The order applies to any tree, with a height greater than 5 metres or a diameter spread of branches greater than 3 metres, is subject to Council's Tree Preservation Order unless, exempted by specific provisions. Works to be carried out within a 5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written consent of Council. General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The Tree Protection Zone(s) must be maintained during all development work . b) Where excavation encounters tree roots with a diameter exceeding 40mm excavation must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions. c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions. Note : Trees must be pruned in accordance with Australian Standard AS 4373 – 2007 "Pruning of Amenity Trees" and Workcover NSW Code of Practice Amenity Tree Industry 1998. Standard Condition: E8 E.20 Tree Preservation & Approved Landscaping Works All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained: Trees on Private Land Council Reference No: Species Location Dimension (Metres) 4 Lophostemon confertus Brush Box Rear – West boundary 14 x 8 5 Lophostemon confertus Brush Box Rear – West Boundary 14 x 9 6 Jacaranda mimosifolia Jacaranda Rear – South boundary 12 x 10 Note : The tree trees required to be retained should appear coloured green on the construction certificate plans. b) The following trees may be removed: Council Reference No: Species Location Dimension (Metres) 1 Cedrus deodara Deodar Cedar Front – centre 16 x 14 1A Howea forsteriana Kentia Palm Front – West boundary 8 x 3 2 Ficus rubiginosa Port Jackson Fig Front – East boundary 9 x 8 3 Lagerstroemia indica Crepe Myrtle Front – East boundary 7 x 6 7 Ficus sp. Rear – East boundary 8 x 9 8 Melaleuca armillaris Bracelet Honey Myrtle Rear – Centre 9 x 5 Note : The tree trees that may be removed should appear coloured red on the construction certificate plans. c) To prevent damage to roots and compaction within the root zone, excavation undertaken for service trenching within the specified radius from the trunks of the following trees must be undertaken in accordance with the methods described in British Standard BS 5837:2005 (Trees in relation to construction) Part 11.7.2 – Figure 4. Council Reference No: Species Location Radius from Trunk (Metres) 4 Lophostemon confertus Brush Box Rear – West boundary 1m 5 Lophostemon confertus Brush Box Rear – West Boundary 1m G Jacaranda mimosifolia Jacaranda Standing on 126 Bellevue Rd – Rear south west corner 2m d) The following additional compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area. Species/Type Planting Location Container Size or Size of Tree Minimum Dimensions at Maturity (@ time of planting) Syzygium australe Brush Cherry Lillypilly Rear - Southern boundary 200 litre 7 x 5 3 x Syzygium australe Brush Cherry Lillypilly Rear - Southern Boundary 100 litre 7 x 5 E.21 Swimming and Spa Pools – Temporary Child Resistant Barriers and other matters Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical. Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note : This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming Pools Act 1992. Standard Condition: E26 E.22 Excavations within 32 Carlotta Rd Double Bay Trenching by hand shall be used to install the storm water pipe trench within the storm water easement. Trenching shall be carried out so as to maintain all structural roots and roots over 40 mm in diameter within the trench except where it is in direct conflict with the pipeline. Any roots which need to be severed shall be cleanly cut. This will minimize damage and decay in the root system. Where possible the root plate shall be maintained on and near the surface of the soil and the pipe inserted beneath these retained roots. The works will be planned so that the trench is only open for a minimum amount of time necessary to facilitate the expedient installation of the pipeline. The spoil from the trench should not contaminate or damage surrounding garden beds. While the trench is open the roots and side of the trench must be kept moist. This is to limit root desiccation which will result in root death. The spoil excavated from the trench may be re-used to backfill within the trench. No mechanical compaction of the backfill of the trench should occur. The backfill should be thoroughly watered in. A drip irrigation system (such as 'Techline' or similar) should be installed along each side of the trench line behind No. 32 and No. 34 Carlotta Road. The system must used on a weekly basis for a minimum of 1 hour in the absence of adequate natural rainfall for a period of 12 months from the date of excavation. The garden bed shall be mulched with leaf mulch for at least a distance of 1.5 metres on either side of the centre line of the trench immediately after backfilling of the trench. The leaf mulch shall be applied to a depth of 100 to 150 mm. The mulch must be thoroughly watered in. All trenching activities behind No 32 Carlotta Road and within the garden bed of No 36 Carlotta Road shall be supervised by a qualified arborist AQF Level 5. The supervising arborist must be present at all times during the excavation for the pipeline behind Nos. 32, 34 & 36 Carlotta Road. A report indicating the completion (or non-completion) of works will be issued by the site arborist at the conclusion of the storm water drainage works. F. Conditions which must be satisfied prior to any occupation or use of the building (Part 4A of the Act and Part 8 Division 3 of the Regulation) F.1 Occupation Certificate (section 109M of the Act) A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act ) unless an occupation certificate has been issued in relation to the building or part. Note : New building includes an altered portion of, or an extension to, an existing building. Standard Condition: F1 F.2 Compliance Certificate from Sydney Water All work must be completed in accordance with the Compliance Certificate under the Sydney Water Act 1994 and the "Notice of Requirements". Note : Please refer to "Your Business" section of Sydney Water's web site at www.sydneywater.com.au then the "e-developer" icon or telephone 13 20 92. Standard Condition: F5 F.3 Amenity Landscaping The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site. Note : This condition has been imposed to ensure that the environmental impacts of the development are mitigated by approved landscaping prior to any occupation of the development. Standard Condition: F6 F.4 Commissioning and Certification of Systems and Works The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed ("WAE") plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works , as executed and as detailed, comply with the requirement of this consent, the Act , the Regulations , any relevant construction certificate , the BCA and relevant Australian Standards . Works-as-executed ("WAE") plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must including but may not be limited to: a. Certification from the supervising professional engineer that the requirement of the Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work. b. All flood protection measures. c. All garage/car park/basement car park, driveways and access ramps comply with Australian Standard AS 2890.1 – "Off-Street car parking." d. All vehicle lift systems e. All stormwater drainage systems. f. All mechanical ventilation systems. g. All hydraulic systems. h. All structural work. i. All acoustic attenuation work. j. All waterproofing. k. Such further matters as the Principal Certifying Authority may require. Note : This condition has been imposed to ensure that systems and works as completed meet development standards as defined by the Act , comply with the BCA, comply with this consent and so that a public record of works as execute is maintained. Note : The PCA may require any number of WAE plans, certificates, or other evidence of suitability as necessary to confirm compliance with the Act , Regulation , Development Standards, BCA , and relevant Australia Standards . As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services). Note : The PCA must submit to Council, with any Occupation Certificate , copies of works-as-executed ("WAE") plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA upon which the PCA has relied in issuing any Occupation Certificate . Standard Condition: F7 F.5 Commissioning and Certification of Public Infrastructure Works The principal contractor or owner builder must submit, to the satisfaction of Woollahra Municipal Council, certification from a professional engineer that all public infrastructure works have been executed in compliance with this consent and with Council's Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The certification must be support by closed circuit television / video inspection provided on DVD of all stormwater drainage together with works as executed engineering plans and a survey report detailing all finished reduced levels. Standard Condition: F9 G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate G.1 Electricity Substations – Dedication as road and/or easements for access If an electricity substation, is required on the site the owner must dedicate to the appropriate energy authority (to its satisfaction), free of cost, an area of land adjoining the street alignment to enable an electricity substation to be established. The size and location of the electricity substation is to be in accordance with the requirements of the appropriate energy authority and Council. The opening of any access doors are not to intrude onto the public road (footway or road pavement). Documentary evidence of compliance, including correspondence from the energy authority is to be provided to the Principal Certifying Authority prior to issue of the Construction Certificate detailing energy authority requirements. The Accredited Certifier must be satisfied that the requirements of energy authority have been met prior to issue of the Construction Certificate. Where an electricity substation is provided on the site adjoining the road boundary, the area within which the electricity substation is located must be dedicated as public road. Where access is required across the site to access an electricity substation an easement for access across the site from the public place must be created upon the linen plans burdening the subject site and benefiting the Crown in right of New South Wales and any Statutory Corporation requiring access to the electricity substation. Standard Condition: G4 H. Conditions which must be satisfied prior to the issue of any Final Occupation Certificate (s109(1)(c) H.1 Road Works (including footpaths) The following works must be completed to the satisfaction of Council, in compliance with Council's "Specification for Roadworks, Drainage and Miscellaneous Works" dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor's or owner's expense: a. stormwater pipes, pits and connections to public stormwater systems within the road ; b. driveways and vehicular crossings within the road ; c. removal of redundant driveways and vehicular crossings; d. new footpaths within the road ; e. new or replacement street trees; f. new footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street. g. new or reinstated kerb and guttering within the road ; and h. new or reinstated road surface pavement within the road . Note : Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from Council's website www.woollahra.nsw.gov.au or obtained from Council's customer service centre. Standard Condition: H13 H.2 Positive Covenant & Works-As-Executed certification of stormwater systems On completion of construction work, stormwater drainage works are to be certified by a professional engineer with Works-As-Executed drawings supplied to the PCA detailing: a. compliance with conditions of development consent relating to stormwater; b. the structural adequacy of the On-Site Detention system (OSD); c. that the works have been constructed in accordance with the approved design and will provide the detention storage volume and attenuation in accordance with the submitted calculations; d. Pipe invert levels and surface levels to Australian Height Datum; and e. Contours indicating the direction in which water will flow over land should the capacity of the pit be exceeded in a storm event exceeding design limits. f. A positive covenant pursuant to Section 88E of the Conveyancing Act 1919 must be created on the title of the subject property, providing for the on-going maintenance of the on-site-detention system, stormwater treatment unit, and/or absorption trenches, including any pumps and sumps incorporated in the development. The wording of the Instrument must be in accordance with Council's standard format and the Instrument must be registered at the Land Titles Office. Note : The required wording of the Instrument can be downloaded from Council's web site www.woollahra.nsw.gov.au . The PCA must supply a copy of the WAE Plans to Council together with the Final Occupation Certificate . The Final Occupation Certificate must not be issued until this condition has been satisfied. Standard Condition: H20 I. Conditions which must be satisfied during the ongoing use of the development I.1 Maintenance of Landscaping All landscaping must be maintained in general accordance with this consent. This condition does not prohibit the planting of additional trees or shrubs subject that they are native species endemic to the immediate locality. Reason : This condition has been imposed to ensure that the landscaping design intent is not eroded over time by the removal of landscaping or inappropriate exotic planting. Note : This condition also acknowledges that development consent is not required to plant vegetation and that over time additional vegetation may be planted to replace vegetation or enhance the amenity of the locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land. Further, drought proof vegetation being native species endemic to the immediate locality is encouraged. Suggested native species endemic to the immediate locality are listed in the Brochure Titled "Local Native Plants for Sydney's Eastern Suburbs" published by Woollahra, Waverley, Randwick and Botany Bay Councils. Standard Condition: I8 I.2 Outdoor lighting – Residential Outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting. The maximum luminous intensity from each luminare must not exceed the level 1 control relevant under table 2.2 of AS 4282. The maximum illuminance and the threshold limits must be in accordance with table 2.1 of AS 4282. Reason : This condition has been imposed to protect the amenity of neighbours and limit the obtrusive effects of outdoor lighting in public places. Note : This condition has been imposed to control the obtrusive effects of outdoor lighting. Standard Condition: I42 I.3 Noise from mechanical plant and equipment Noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest lot boundary of the site. Where noise sensitive receivers are located within the site, noise from the operation of mechanical plant and equipment must not exceed background noise when measured at the nearest strata, stratum or community title boundary. Reason : This condition has been imposed to protect the amenity of the neighbourhood. Note : Words in this condition have the same meaning as in the: NSW Industrial Noise Policy ( http://www.environment.nsw.gov.au/resources/ind_noise.pdf ) ISBN 0 7313 2715 2, dated January 2000, and Noise Guide for Local Government ( http://www.environment.nsw.gov.au/noise/nglg.htm ) ISBN 1741370671, dated December 2004. Standard Condition: I53 I.4 Swimming and Spa Pools – Maintenance Swimming and Spa Pools must be maintained: a. in compliance with the Swimming Pools Act 1992 with regard to the provision of child-resistant barriers and resuscitation signs; b. in compliance with the NSW Health "Public Swimming Pool and Spa Pool Guidelines" in force at that time. Private pools are encouraged to comply with the same standards as applicable; c. in compliance with AS 1926.3-2003:Swimming pool safety - Water recirculation and filtration systems ; d. with backwash being discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996, and e. with a timer that limits the recirculation and filtration systems operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open): · before 8 am or after 8 pm on any Sunday or public holiday, or · before 7 am or after 8 pm on any other day. Note : Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems require regular maintenance to ensure that life safety, health and amenity standards are maintained. Note : The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf Standard Condition: I13 I.5 On-going maintenance of the on-site-detention system and stormwater treatment unit The Owner(s) must in accordance with this condition and any positive covenant: a. permit stormwater to be temporarily detained by the system; b. keep the system clean and free of silt rubbish and debris; c. if the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain; d. maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council; e. carry out the matters referred to in paragraphs (b) and (c) at the Owners expense; f. not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly; g. permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant; h. comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice; i. where the Owner fails to comply with the Owner's obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner's cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations; Reason: This condition has been imposed to ensure that owners are aware of require maintenance requirements for their stormwater systems. Note : This condition is supplementary to the owner(s) obligations and Council's rights under any positive covenant. Standard Condition: I12 ___________________________________ K G Hoffman, Acting Commissioner of the Court kgh/ljr 06/05/2009 - See final orders issued 5/5/09 - Paragraph(s) conditions 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.