Land and Environment Court of New South Wales CITATION : Medium Density Pty Ltd v Rockdale City Council [2009] NSWLEC 1358 APPLICANT Medium Density Pty Ltd PARTIES : RESPONDENT Rockdale City Council FILE NUMBER(S) : 10191 of 2009 CORAM: Bly C KEY ISSUES: DEVELOPMENT APPLICATION :- amended development application for the construction of a two storey residential flat building containing 12 dwellings with basement car parking, Streetscape and urban design, Impacts on surrounding development and Site suitability Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Environmental Planing and Assessment Regulation 2000 Rockdale Local Environmental Plan 2000 Rockdale Planning Scheme Ordinance CASES CITED: Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71 DATES OF HEARING: 8, 9 and 23 September 2009 (Findings 9 September 2009) DATE OF JUDGMENT: 29 October 2009 APPLICANT Miss S Duggan (Barrister) SOLICITOR Conomos Legal LEGAL REPRESENTATIVES: RESPONDENT Mr J Cole (Solicitor) SOLICITOR HWL Ebsworth Lawyers JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Bly C 29 October 2009 10191 of 2009 Medium Density Pty Ltd v Rockdale City Council JUDGMENT Introduction 1 This appeal relates to an amended development application for the demolition of two detached dwelling houses and the construction of a two storey residential flat building containing 12 dwellings with basement car parking for 18 cars at 46-48 Beach Street, Kogarah. The previous proposal also for a residential flat building contained 25 dwellings. 2 The trapezoidal shaped site comprising Lots B and C in DP 335717 has a frontage of 16.2 m to Beach Street, a rear boundary of 33 m and an area of 1817 sq m. 3 Opposite the site in Beach Street are detached dwelling houses and a local park. The adjoining site to the east at 50 Beach Street is presently vacant but has development consent for a 1,000 sq m light industrial unit. Beyond this there is a warehouse style development at 52 Beach Street, and a large vacant site with approval for 30 light industrial units at 54 Beach Street. To the north and west of the site is the Department of Defence's Rockdale Army Depot. Beyond the depot there is Chandler lane and beyond this there are detached dwelling houses in Beach Street. Also nearby to the north is the Rockdale Plaza Shopping Centre and residential towers, to the north east and east are various industrial developments including a waste transport station. Planning controls 4 Lands surrounding the site are subject to the provisions of Rockdale Local Environmental Plan 2000 and are variously zoned Residential 2(a), Residential 2(b), Special Uses of Defence, Special Uses of Community Facility, Business 3(a) and Industrial 4(b). 5 The site and certain adjoining lands to the east are not subject to the LEP having been deferred when it was made, hence the site continues to be subject to the provisions of Rockdale Planning Scheme Ordinance whereby it is zoned Industrial 4(b). 6 In the applicable 4(b) zone residential flat buildings and dwelling houses are prohibited but it is agreed that, taking into account the existing dwelling houses on the site, that the existing use provisions of the Environmental Planning and Assessment Act 1979 and the Environmental Planing and Assessment Regulation 2000 as they existed at the date of this particular development application are applicable. Pursuant to these provisions any planning instrument including the local environmental plans and development control plans that might derogate from the incorporated associated provisions have no effect. 7 Nevertheless, the development application must be assessed under s 79(C) of the Act which provisions include: the consideration of the likely impact of the development; and the suitability of the site for its intended purpose. More particularly a s 79(C) assessment must consider the proposal is surroundings and its relationship to the existing and likely future context. (Stromness Pty Limited v Woollahra Municipal Council [2006] NSWLEC 587 and Fodor Investments v Hornsby Shire Council [2005] NSWLEC 71). Advertising and submissions 8 When the application was advertised in its amended form one objection was received from the Department of Defence, Defence Support Group Infrastructure Group. That objection makes reference to an earlier objection to the previous proposal. The objection refers to the army depot which adjoins the west and north boundaries of the subject site. The Army's 23rd field regiment and elements of the 2/17th Royal NSW Regiment occupy the depot. It provides working accommodation to raise, train and sustain artillery and infantry army reserve units. It is said to be "strategically important to defence". 9 Activities on the depot site occur both day and night. These include drills, bank practice and the movement of large vehicles, such activities involving increased levels of noise and night illumination. The extent of the activities varies and there can be some periods of high activity. Army Reserve Units also undertake marching practice and weekly parades during the evenings between the hours of 7:30pm and 10:30pm. 10 According to its letter defence is very concerned about the impact that these activities would have on future residents that are in close proximity to the depot and overlook the carpark. More generally it is contended that the use of the site for industrial purposes land would be more compatible with the army's activities and any rezoning of the land from industrial is opposed. The objection concludes that the planed residential development would adversely impact on the operational effectiveness and potentially the ongoing viability of the depot. 11 When the hearing began on-site I heard from Warrant Officer Hannerbury and Mr W. Smith of the Defence Support Group. WO Hannerbury explained in some detail the nature and extent of the training activities including band practice that occurs on the site involving serving personnel, reservists and cadets. These activities include: drills; lessons and basic training that frequently occur at night. He emphasised the army's need for flexibility for the use of the site. He also explained the need in the interests of security to be able to observe from the depot what might be happening on the adjoining properties. 12 Mr Smith expressed concerns at the cumulative effects and the gradual erosion of such sites. He is concerned about the likelihood of additional complaints that might require modification or even closure of the depot. There has been a significant rationalization of army sites in Sydney and this site is a key site and is critical for the army reserve pool. Surrounding land uses are recognised and attempts are made to minimise impacts and be a good neighbour. Contentions 13 The Statement of Facts and Contentions extends over six pages however as the hearing progressed these contentions essentially devolved to the following: 1. Streetscape and urban design 2. Impacts on surrounding development 3. Site suitability Expert evidence 14 Expert town planning evidence in relation to these matters was given by Mr T Kultcher on behalf of the council and by Mr A Betros on behalf of the applicant. In addition an expert acoustic report prepared by Mr T Taylor of Acoustic Logic Consultants Pty Ltd was tendered. Streetscape and urban design 15 In relation to streetscape and urban design Mr Kultcher was concerned that the proposed buildings suffers from the narrowness of the site. It does not address the street has little architectural merit would have a monolithic appearance. It would not be compatible with either the existing and proposed industrial development to the east or the residential development to the west in terms of built form or scale. Whilst the landscaping as proposed could help what is proposed is deficient. 16 In reply Mr Betros said that the proposed presentation to Beach Street is an appropriate design response at the juncture of industrial and residential lands taking into account the combination of materials in the building, its scale and proposed landscaping not only of the site but also existing and proposed landscaping on adjoining sites. In this regard I find the evidence of Mr Betros to be persuasive. 17 Relevantly the building is setback 7 m and more from the Beach Street frontage and 3 m and more from the side boundaries. Whilst the landscaping along the front of the site is satisfactory it could and should be improved so that less reliance is placed upon the landscaping of adjoining property. I have no doubt that the improvements could be effected by discussions between the drainage engineers who created the now acceptable drainage plans so as to provide more substantial plantings in the south east corner of the site. 18 This matter is one that having decided to uphold the appeal is one that should be dealt with by way of a condition of consent. As for the design of the building including its scale, form and use of materials. I find this to be a reasonable response to the site's context in so far as the existing and likely future industrial style buildings will be established to the east. 19 The presentation of the building in the street is certainty not devoid of modulation and interest. Whilst the building is very different by comparison with the existing single storey detached brick and tiled dwelling houses in Beach Street, the separation from the site from these houses (i.e. the depot's carpark) can accommodate such a difference. Plainly being different does not make it unacceptable and in these circumstances I do not find in terms of urban design and streetscape the proposal should be refused. Impacts on surrounding development 20 Turning now to impacts on surrounding development, according to Mr Kultcher, the impacts on such development are limited to impacts on the army depot site. Here he agreed with the concerns identified by WO Hannerbury that for security purposes a line of sight into neighbouring property is desirable. I understand this to be from the windows of the building that presently overlooks in a southerly direction of the subject site. These windows are situated about 3.5 m from the common boundary. It is to be noted that a wire mesh and barbed wire security fence within the army depot site in addition to the subject site's existing boundary fence. In this context the proposal's provision of a landscape buffer along the common northern boundary would provide an appropriate amenity to the communal landscaped area including screening that would deny the sought surveillance opportunities. This is what Mr Kultcher described as a paradox that arises from the land use conflict between the two properties. 21 WO Hannerbury explained that if landscape screening is provided, additional illumination of the building might be required. In response Mr Betros said that it is reasonable to have trees on the rear boundary of a residential property and noted that if the houses were to remain on the site the occupiers could plant such trees and this would have consequences no different to those referred to by Mr Kultcher and indeed WO Hannerbury. 22 Mr Kultcher also noted that apart from the existing lights positioned under the eaves of the building there was no other security apart from the existing fences. This issue seems to me to be about the security of the army depot and in this regard I agree with Mr Betros that it would not be unreasonable for the owners of the adjoining properties to plant trees that might have the effect of preventing neighbours from looking into the rear yards of the existing houses or the proposed residential flat building. I thus accept the reasonableness of the proposition that if there is a need for greater or different security for the depot then that is a matter that can and should be accommodated on that site. I also recognise that in terms of securing the common boundary, the occupation of the residential flat building containing 12 dwellings on a 24-hour basis by comparison with the two existing houses or with an industrial development that this would provide a considerable degree of active surveillance. In the circumstances I do not accept that this is a sufficient reason to justify the refusal of the application. Site suitability 23 The third and plainly the most difficult aspect of this case involves the question of site suitability that more particularly involves the relationship of the site with the army depot. 24 According to Mr Kultcher there are surrounding land uses that obviously conflict with the proposed residential flat building these being: the army depot; the approved concrete batching plan in nearby Lindsay Street; and the regional waste transfer station. It is also to be recognised that the adjoining properties to the east at Nos 52 and 54 Beach Street are or will be used for industrial purposes. These different land uses are said to generate impacts that make the site unsuitable for a residential flat building these impacts comprising noise, illumination, odour, traffic and hours of operation. 25 As for the matter of odour from the regional waste transfer station I accept what Mr Kultcher says that the odour from this facility can at times be offensive and that the subject site could from time to time be affected. I also accept Mr Betros contention that the nearby residential, industrial and other land uses would be similarly affected. These include the houses in Beach Street, Chandler Street and Baxter Street as well as the numerous dwellings in the Rockdale Plaza Residential Towers. I understand that complaints have been made about these odours but particulars of these complaints including any response to them have not been provided. 26 In this regard it was submitted that the emission from the facility of such odours would be unlawful and should not be happening. If they do occur as Mr Betros explained many other properties are affected and any complaints will be appropriately dealt with. It would not be appropriate he contended to refuse an application because another use is operating inappropriately. I agree with Mr Betros' reasoning and do not find that the matter of odours is a reason to refuse the application. 27 As for traffic Mr Kultcher pointed out that most of the existing and proposed industrial traffic together with traffic from the nearby community facility and the council's plant nursery will pass by the subject site and this is indicative of its unsuitability for a residential flat building. Mr Betros did not agree explaining that the situation would be little different for all of the existing houses in Beach Street. He also makes reference to the acoustic report that deals with various noise impacts from the proposal and concludes that subject to some recommended acoustic treatments (that are to be incorporated into the proposal) that residential noise goals will be achieved and there will be a reasonable acoustic amenity for future occupants. 28 In relation to acoustic amenity I agree with Mr Betros. Taking into account the additional traffic that is likely to be generated by new developments in Beach Street, the acoustic amenity of the area is likely to be affected. However, I have not been persuaded that this would be of such significance taking into account the acoustic report that this issue attracts any determinative weight. I also agree with Mr Betros that, again taking into account the acoustic report, the industrial area is unlikely to significantly adversely affect the acoustic amenity of this site. In this context I understand that the application for the adjoining property at 50 Beach Street did not involve any evening operation. 29 I now turn to the remaining matters of noise, illumination and hours of operation involving the army depot. In addition to the day time activities of the depot according to the sign appearing at the front of the site and the evidence of WO Hannerbury the evening training activities include brass band practice drills, marching drills and basic training both inside and outside buildings until 10.30 pm on Tuesday and Wednesday nights and 9.30 pm on Friday nights. The soldiers club that is available for recreation purposes can stay open until 11.30 pm. WO Hannerbury and Mr Smith said that activities on some occasions can occur outside these times and emphasised the need for flexibility. Other on-site activities include the movement of heavy vehicles within and to and from the site (via the carpark) and the use of the carpark for the parking of the cars of personnel stationed at the depot and those undergoing training. The carpark and buildings are illuminated at night. 30 Relevantly here it is to be noted that to the north of the subject site on the army depot land is a large building that effectively screens the parade ground (in the centre of the depot's site) from the proposed residential flat building. It is also to be noted that the carpark adjoins the full length of the boundary of the site and all of the proposed bedrooms in the dwellings as well as the six ground floor courtyards that face this carpark. 31 In response to the concerns as to the noise from the army depot Mr Betros adopted the noise recommendations contained in the acoustic report. Importantly the recommended measures in this report require certain building works including thick glazing and roof insulation. Plainly, taking into account the noise generation by activities on the depot and other general activities, if the windows and doors in the proposed dwellings are closed, the relevant noise goals will be met in the sensitive bedrooms and an acceptable internal amenity will be achieved. 32 Of course the outdoor activities that I accept are less sensitive by comparison with the bedrooms will not be protected. However it is to be recognised that the main outdoor areas adjacent to the living areas of the dwellings are substantially protected by being on the east side of the building away from the carpark. Again there is some protection resulting from the existing building on the depot site just to the north of the common boundary. 33 Despite these matters I am concerned that on the nights when the depot is being utilised this will require that, in order to achieve an appropriate internal amenity, the bedroom windows (adjacent to the carpark) be closed to protect anyone sleeping in those rooms from the noise impacts described in the noise report particularly the peak noise events when car doors are closed and when cars are being started. These events are, I expect, capable of sleep arousal if the windows are not closed. In this context I accept the army's concerns that residents' expectations of there being no activity on the non-notified nights would restrict the flexibility of the army's use of the depot. To maintain this flexibility and to ensure a reasonable level of night-time amenity for the residents of the dwellings, this would require that the residents have their bedroom windows closed every night. 34 These concerns were communicated to the parties on 9 September 2009 and the applicant was given the opportunity to reconsider the acoustic amenity of the bedrooms in light of the use of the army's carpark. 35 The applicant has now provided amended plans (Exhibits H & K) detailing the manner in which the bedrooms facing the car park can be ventilated whilst at the same time providing an improved level of acoustic amenity. These include acoustically treated, ventilated skylights and revised fence and window designs that are, my opinion, minor amendments. 36 Mr Taylor and council's expert Mr C Fokkema have now prepared a joint acoustic report in relation to the amended proposal and have agreed that it is necessary to consolidate the recommended noise controls. These have now been incorporated into the agreed conditions of consent together with the other matters referred to above. 37 Having reviewed the amended plans in the light of the recommended noise controls I am now satisfied that the acoustic amenity of the bedrooms will be satisfactory. 38 As for the impacts associated with the illumination of the army depot and the likelihood that the neighbouring industrial sites will have security illumination I accept that blinds and curtains could be used to mitigate these impacts provided that a satisfactory outcome could be achieved in relation to acoustic amenity. Orders 39 For the above reasons I have now decided that conditional development consent should be granted. The orders of the Court are therefore: 1. The appeal is upheld. 2. The development application for the demolition of two detached dwelling houses and the construction of a two storey residential flat building containing 12 dwellings with basement car parking for 18 cars at 46-48 Beach Street, Kogarah is determined by the granting of consent subject to the conditions in Annexure A hereto. 3. Exhibits H and K are retained. ___________________ T A Bly Commissioner of the Court ljr Annexure 'A' Conditions of Consent Medium Density Pty Limited v Rockdale City Council GENERAL CONDITIONS The following conditions restrict the work to the detail provided in the Development Application and are to ensure that the development is complete. 1. The term of this consent is limited to a period of five (5) years from the date of approval. The consent will lapse if the development does not commence within this time. 2. The development must be implemented substantially in accordance with the plans listed below, the application form and on any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions. Architectural plans numbered LEC 001, LEC 100, LEC 101, LEC 200, drawn by Nicholas Tang Architects dated 24 August 2009 and plan LEC 600 dated 28 September 2009. Drainage plans numbered SW-00 – SW06 and ES-01, drawn by Sparks & Partners, dated 24 August 2009. Landscape plans numbered Sheet 1 Revision C, drawn by Paul Scrivener Landscape Architect dated 6 July 2009. 3. All new building work must be carried out in accordance with the provisions of the Building Code of Australia (BCA). 4. A Construction Certificate must be obtained from Council or an Accredited Certifier prior to any building work commencing. 5. This approval is not to be construed as permission to erect any structure on or near a boundary contrary to the provisions of the Dividing Fences Act. 6. Excavation, filling of the site (with the exception of the area immediately under the building envelope), or construction of retaining walls are not permitted unless shown of the approved plans and authorised by a subsequent construction certificate. 7. Mail boxes must be installed along the street frontage of the property boundary in accordance with Australia Post Guidelines. Prominent house numbers are to be displayed, with a minimum number size of 150 mm in height for each number and letter in the alphabet. 7A. The planter boxes on the Western side are to be 1000mm deep over the basement slab (RL5.2) 8A. The following acoustic treatments which are outlined within the Joint Report between Thomas Taylor of Acoustic Logic , and Carl Fokkema of Atkins Acoustics, containing the seal of the Land & Environment Court and containing a filed date of 15 October 2009 are required in order to ensure acceptable levels of acoustic amenity within the development: (a) Windows/Glass Doors/Skylights: (i) Windows to the first floor bedrooms on the western facade and the southern facade are to incorporate 10.38mm laminated glass and a certified acoustic performance of STC/Rw 34 or greater for the window system. (ii) Windows to all other bedrooms are to incorporate 6.38mm laminated glass and a certified acoustic performance of STC/Rw 30 or greater for the window system. (iii) Roof skylights are to incorporate minimum 6 mm glass and a certified acoustic performance of STC/Rw 29 or greater for the skylight system. (iv) All living areas windows/doors on any facade are to incorporate 6.38mm laminated glass and a certified acoustic performance of STC/Rw 30 or greater for the window/door systems. (v) Glass louvres into bedrooms not permitted. (vi) Acoustic seals equal to q-lon seals from schlegel, are to be installed on operable window sashes. (b) The western boundary fence is to consist of 2.1m high masonry to a height RL 6.3. The fence must be imperforate. (c) Ventilation openings to bedrooms: (i) Unit 1 and 7: o Operable windows are to be used for ventilation to be located on the eastern facade (narrow strip adjacent living room). The top of the ventilation opening is to be no higher than the balcony balustrade. o The balustrade along the western edge of the balcony is to be imperforate and a minimum of 1000mm high. (ii) Units 2-6 (ventilators on Western Facade): o The top of ventilation openings must be no higher than RL5.5 o Acoustic baffle is required in front of the ventilation opening to provide minimum 7dB(A) noise reduction. Baffle may be constructed by placing an internally insulated sheet metal duct bend in front of ventilation opening. The internal cross section dimension of the duct is to be 1200mm by 450mm. The thickness of the internal lining is to be a minimum of 75mm thick. The sheet metal baffle may be clad with fc sheet or other material to architects detail. (d) All ceilings below the sheet metal roof are to consist of 13mm thick plasterboard with 75mm thick 11kg/m³ glasswool insulation or the equivalent in ceiling cavity and there is to be no untreated ceiling penetration. (e) All external walls are to be constructed of masonry 8B. All acoustic treatment in accordance with condition numbers 8A, 21, 22 shall be certified, by a suitably qualified person, prior to the issue of an occupation certificate, as being installed in a satisfactory manner. dEVELOPMENT sPECIFIC CONDITIONS The following conditions are specific to the Development Application proposal: 9. Parking spaces shall not be enclosed without further approval of Council. The enclosure of car spaces is not permitted unless the enclosure complies with the design requirements of AS2890.1. 10. Residents and tenants of the development are ineligible for parking permits in any Resident Parking Scheme that either exists or is proposed to be created by Council for any street surrounding the development. This restriction is required to be included into the Strata By-Laws of the development at the time of Strata Subdivision. 11. The existing and future owners (Registered Proprietor) of the property will be responsible for the operation and maintenance of the retention system. The registered proprietor will: i) permit stormwater to be retained by the system; ii) keep the system clean and free of silt, rubbish and debris; iii) maintain, renew and repair the whole or parts 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 specified in written notice issued by the Council; iv) carry out the matters referred to in paragraphs (ii) and (iii) at the proprietor's expense; v) not make any alterations to the system or elements thereof without prior consent in writing of the Council; vi) permit the Council or its authorised agents from time to time upon giving reasonable notice (but at any time and without notice in the case of emergency) to enter and inspect the land for compliance with the requirements of this clause; vii) comply with the terms of any written notice issued by the Council in respect to the requirements of this clause within the time stated in the notice. Development EngineerWater Management 12. The existing and future owners (Registered Proprietor) of the property will be responsible for the operation and maintenance of the detention system. The Registered Proprietor will: i) permit stormwater to be temporarily detained by the system; ii) keep the system clean and free of silt, rubbish and debris; iii) maintain, renew and repair the whole or parts 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 specified in written notice issued by the Council; iv) carry out the matters referred to in paragraphs (ii) and (iii) at the proprietor's expense; v) not make alterations to the system or elements thereof without prior consent in writing of the Council. vi) permit the Council or its authorised agents from time to time upon giving reasonable notice (but at any time and without notice in the case of emergency) to enter and inspect the land for compliance with the requirement of this clause; viii) comply with the terms of any written notice issued by the Council in respect to the requirements of this clause within the time stated in the notice. 13. The overland flow path shall not be obstructed, restricted or altered without the approval of Rockdale City Council. 14. The rainwater tank shall be routinely de-sludged and all contents from the de-sludging process disposed – solids to the waste disposal and de-sludged liquid to the sewer. 15. Temporary dewatering of the site to construct the subsurface structure is not permitted unless otherwise approved by Council. 16. All external glazing shall have a maximum reflectivity of 20%. 17. The off-street parking areas associated with the subject development shall be designed strictly in accordance with AS2890.1:2004, except as varied by Council's Parking and Loading Code as follows: o The minimum car space width is 2.5m and the minimum car space length is 5.5m; o The maximum driveway and ramp grade is 1 in 5 (20%). 18. Internal height clearance shall be designed throughout the car park and access driveway in accordance with AS2890.1:2004. 19. Hot and cold water hose cocks shall be installed to the garbage room. 20. Services or utility systems shall not be located in the garbage room. 21. The development shall be insulated to achieve an Acoustical Star Rating of 5 in accordance with the standards prescribed by the Association of Australian Acoustical Consultants (AAAC) in accordance with the report by Acoustic Logic Consultancy, dated 7 July 2009. 22. The development shall have an impact isolation between floors which achieves an Acoustical Star Rating of 5 in accordance with the standards prescribed by the Association of Australian Acoustical Consultants (AAAC) in accordance with the report by Acoustic Logic Consultancy, dated 7 July 2009. 23. All vertical plumbing, other than roofwater heads and downpipes, shall be concealed within the brickwork of the building. 24. Where natural ventilation fails to comply with the provisions of the Building Code of Australia, mechanical ventilation shall be provided in accordance with Australian Standard, 1668, Part 2. 25. Ceiling heights for all habitable areas shall be a minimum of 2.7 metres as measured vertically from finished floor level to the underside of the ceiling. Ceiling heights for all non-habitable areas shall be a minimum of 2.4 m as measured vertically from finished floor level to the underside of the ceiling. 26. Retaining walls over 600mm in height shall be designed and specified by a suitably qualified structural engineer. 27. All pavements shall comply with AS/NZ 4586:1999 standards Class W (low) for slip resistance on both private and Council property. Prior to Issue of The Construction Certificate The following conditions must be completed prior to the issue of the Construction Certificate. 28. A Footpath Reserve Restoration Deposit of $5,152.00 shall be paid to Council prior to the issue of a construction certificate. This is to cover repair of any damages, or other works to be done by Council. This includes construction, removal, or repair as required to: kerb and guttering, existing or new driveways; paved areas and concrete footpaths. The deposit may be lodged with Council in the form of a Bank Guarantee (Any proposed Bank Guarantee must not have an expiry date). If payment is made after the end of the financial year, the amount shall be adjusted in accordance with Council's adopted fees and charges. The deposit will not be returned by Council until works are completed and all damage is restored and all specified works are completed by Council. 29. A fee is payable to Council for a Soil and Water Management Sign (811) of $14.00. If payment is made after the end of the financial year, the amount shall be adjusted in accordance with Council's adopted fees and charges. 30. An environmental enforcement fee of 0.25% of the cost of the works shall be paid to Council prior to the issue of a construction certificate in accordance with Rockdale Council's City Plan (adopted fees and charges). 31. For work costing $25,000 or more, a Long Service Leave Levy shall be paid. For further information please contact the Long Service Payments Corporation on their Helpline 13 1441. 32. An application for Boundary levels shall be made to Council's Customer Service Centre prior to issue of the Construction Certificate. All boundary works, egress paths, driveways and fences shall comply with this level. A fee of $210.00 is payable to Council for the determination of boundary levels. If payment is made after the end of the financial year, the amount shall be adjusted in accordance with Council's adopted fees and charges. 33. The construction of new stormwater pipes and pits in Beach Street must be inspected by Council prior to backfilling and upon completion. A payment of $444.00 is required prior to the issue of the Construction Certificate for inspection of these works. If payment is made after the end of the financial year the amount is to be adjusted in accordance with Council's adopted fees and charges. Where the inspection is unsatisfactory, each additional inspection will incur an extra charge. 34. A Section 94 contribution of $87,212.29 shall be paid to Council. Such contributions are only used towards the provision or improvement of the amenities and services identified below. The amount to be paid is adjusted at the time of payment, in accordance with the contribution rates contained in Council's current Adopted Fees and Charges. The contribution is to be paid prior to the issue of the construction certificate. The contribution is calculated from Council's adopted Section 94 contributions plan in the following manner: Open Space $71,449.64 Community Facilities $311.10 Community Services $10,458.64 Library Services $2,638.84 Pollution Control $1,544.99 Plan Administration & Management $809.08 Copies of Council's Section 94 Contribution Plans may be inspected at Council's Customer Service Centre, Administration Building, 2 Bryant Street, Rockdale. 35. The Pollution Control contribution is only used towards the provision or improvement of pollution control facilities within the Muddy Creek Drainage Catchment. The amount is to be paid prior to the issue of the construction certificate. The amount to be paid is adjusted at the time of payment in accordance with the contribution rates contained in Council's current Adopted Fees and Charges. 36. In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance or owner builder's permit in force in accordance with Part 6 of that Act, that such a contract or permit is in place. 37. All building materials shall be flood resistant, or flood compatible to a height of 500mm above the 1% AEP flood, or flow level. All internal electrical switches, power points or similar utilities liable to flood damage shall be set at a minimum of 500mm above the 1% AEP flood, or flow level. Details shall be provided and approved prior to the issue of a construction certificate. 38. A suitable qualified engineer is to certify that the structure can withstand the forces of floodwater, scour, debris and buoyancy in a 1% AEP flood event and a PMF event. 39. To ensure the development is compatible with the surrounding environment, colours and finishes of the roof and walls are to be submitted to Council prior to the issue of the Construction Certificate. Council will advise you on the suitability of the selected samples. 40. The building shall be constructed of a masonry or brick wall construction. This requirement shall be reflected on the Construction Certificate plans and supporting documentation. 41. A system of fire and smoke alarms and/or detection system (as applicable) shall be provided throughout the building. Details shall be submitted for assessment and approval prior to application for a Construction Certificate. 42. The applicant shall confer with Energy Australia to determine if an electricity distribution substation is required. Written confirmation of Energy Australia's requirements shall be obtained prior to issue Construction Certificate. 43. The applicant shall confer with Energy Australia to determine if installation of electricity conduits in the footway is required. Written confirmation of Energy Australia's requirements shall be obtained prior to issue Construction Certificate. 44. A dilapidation survey shall be undertaken of all properties and/or Council infrastructure, including but not limited to all footpaths, kerb and gutter, stormwater inlet pits, and road carriageway pavements, in the vicinity which could be potentially affected by the construction of this development. Any damage caused to other properties during construction shall be rectified. A copy of the dilapidation survey and an insurance policy that covers the cost of any rectification works shall be submitted to the Accredited Certifier (AC) prior to issue of the Construction Certificate. The insurance cover shall be a minimum of $10 million. 45. Prior to the issue of the Construction Certificate a permit pursuant to Section 138 of the Roads Act 1993 shall be obtained from Council for the following works in Beach Street as outlined in the concept stormwater plans: i) The construction of 3 x new kerb inlet pits; ii) The installation of 375mm ø and 450mm ø reinforced concrete pipe; iii) The removal of an existing 375mm ø pipe; and iv) The reconstruction of an existing kerb inlet pit to a heavy duty grated inlet pit. The design and documentation of the works shall be in accordance with Council's design specification. Design checking fees apply to the assessment of the plans and issue of the permit. 46. Prior to issue of the Construction Certificate, a longitudinal driveway profile shall be submitted to Council or an Accredited Certifier for assessment and approval. The profile shall start in the centre of the road and be along the critical edge (worst case) of the driveway. Gradients and transitions shall be in accordance with Council's Code. The profile shall be drawn to a scale of 1 to 20 and shall include all relevant levels, grades (%) and lengths. 47. The subsurface structure shall be designed with a waterproof retention system (ie tanking and waterproofing) with adequate provision for future fluctuation of the water table. The subsurface structure is required to be designed with consideration of uplift due to water pressure and "flotation" (buoyancy) effects. Subsoil drainage around the subsurface structure must allow free movement of groundwater around the structure, but must not be connected to the internal drainage system. The design of subsurface structure, tanking and waterproofing, and subsoil drainage shall be undertaken by a suitably experienced Chartered Professional Engineer(s). Design details and construction specifications shall be included in the documentation accompanying the Construction Certificate. 48. Prior to issue of the Construction Certificate the Certifying Authority shall be satisfied that the detailed plans for construction clearly identify that there is no loss of floodplain flood storage within the development. Such storage volume is below 3.25 m AHD but excludes above ground storage for the absorption system. Supporting calculations shall be provided with the detailed plans for construction. 49. Prior to issue of the Construction Certificate the Certifying authority shall be satisfied that the detailed plans for construction clearly identify that water from the Rainwater Tank (RWT) is to be used for all toilet flushing within the units, all landscape watering and supply of water to three internal and three external taps for non-potable uses. The layout of the reuse system must meet Sydney Water requirements and include a pre-treatment device for the RWT, a 30 micron filter to clean the reuse water and mains bypass to ensure continuous toilet supply. 50. The contaminated site shall be re-mediated in accordance with 'State Environmental Planning Policy No 55 Remediation of Land' (SEPP55) prior to the issue of a Construction Certificate. A Site Remedial action Plan (SRAP) prepared by a suitably qualified and experienced Contaminated Land Consultant, shall be submitted to Council being the Regulatory Authority for the management of contaminated land. It is preferable that the plan be prepared by the same consultant who assessed the site for contamination. 51. Within one (1) month of completion of the remedial works and prior to the issue of a Construction Certificate, a copy of the Validation Report shall be submitted to Council being the Regulatory Authority for the management of contaminated land. The Validation Report shall be prepared in accordance with the NSW Environment Protection Authority's (EPA) guidelines, Consultants Reporting on Contaminated Sites, and shall include, but not be limited to the following: 1 describe and document all works performed; 2 include results of validation testing and monitoring; 3 include validation results of any fill imported on to the site; 4 show how all agreed cleanup criteria and relevant regulations have been complied with; and 5 include clear justification as to the suitability of the site for the proposed use and the potential for off-site migration of any residual contaminants. 52. A detailed assessment of asbestos and lead based paint materials shall be carried out from a suitably qualified and experienced environmental consultant. The report shall be submitted to Council prior to the issue of construction certificate. It shall include the environmental management plan for safe handling and disposal of any such materials in accordance with relevant legislation. 53. Any part of the proposed building within 3m of the proposed detention tank or absorption trench shall be constructed on a pier and beam foundation with piers extending no less than 300mm below the bottom of the tank or trench base. This requirement shall be reflected on the Construction Certificate plans and supporting documentation. 54. Stormwater management requirements for the development site, including the final discharge / end connection point, must comply with DCP 78 – Stormwater Management and the agreed design recommendations listed in the Joint Statement of Evidence by the stormwater and flooding experts. 55. A visitor car space shall also operate as a car wash bay. A tap shall be provided. A sign shall be fixed saying 'Visitor Car Space and Car Wash Bay'. The runoff shall be directed and treated as per DCP 78. Details shall be provided with the plans accompanying the Construction Certificate. 56. Prior to the issue of the Construction Certificate, detailed drainage design plans for the management of stormwater are to be submitted to Council or an Accredited Certifier for assessment and approval. Design certification, in the form specified in DCP 78, and drainage design calculations are to be submitted with the plans. Council's DCP 78 sets out the minimum documentation requirements for detailed design plans. Prior to Commencement of Works The following conditions must be completed prior to the commencement of works. 57. Council's warning sign for soil and water management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign shall be erected prior to commencement of works and shall be displayed throughout construction. 58. Soil and sedimentation controls are to be put in place prior to commencement of any work on site. The controls are to be maintained in effective working order during construction. The controls are to be designed and installed in accordance with the Soil and Water Management for Urban Development Guidelines produced by the Southern Sydney Regional Organisation of Council. Copies of the guidelines are available from Council. 59. A Soil and Water Management Plan shall be prepared in accordance with Soil and Water Management for Urban Development Guidelines produced by the Southern Sydney Region Organisation of Councils. A copy of the plan must be submitted to Council. The Plan must include details of the proposed erosion and sediment controls to be installed on the building site. A copy of the Soil and Water Management Plan must be kept on-site at all times and made available on request. Sediment control devices shall not be located beneath the driplines of trees, which are to be retained. 60. A sign must be erected at the front boundary of the property clearly indicating the Development Approval Number, description of work, builder's name, licence number and house number before commencement of work. If owner/builder, the Owner/Builder Permit Number must be displayed. 61. A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out: i) stating that unauthorised entry to the work site is prohibited, and ii) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours. Any such sign is to be removed when the work has been completed. This condition does not apply to: iii) building work carried out inside an existing building or iv) building work carried out on premises that are to be occupied continuously (both during and outside working hours) while the work is being carried out. 62. Where it is necessary to import landfill material onto the site to fill the land to levels shown on the plans forming part of the consent, a certificate, prepared by a suitably qualified and experienced Contaminated Land Consultant, shall be submitted to Council being the Regulatory Authority prior to the commencement of works, certifying that the imported fill is suitable for the land use.HealthTechnological Hazards 63. The site shall be secured by a 1500 mm (minimum) high temporary fence for the duration of the work. Gates shall be provided at the opening points. 64. When the work involved in the erection or demolition of a building: i) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or ii) building involves the enclosure of a public place, a hoarding or fence shall be erected between the work site and the public place. When necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. Any such hoarding, fence or awning is to be removed when the work has been completed. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. 65. Toilet facilities are to be provided, at or in the vicinity of the work site, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site and the toilet facilities must be designed and installed in accordance with the provisions of clause 781 of the Environmental Planning and Assessment Regulation 1994, and be installed before any other work is commenced. 66. A system of fire and smoke alarms and/or detection system (as applicable) shall be provided throughout the building. Details shall be submitted for assessment and approval prior to commencement of works During Demolition / Excavation / Construction The following conditions must be complied with during demolition, excavation and or construction. 67. A copy of the Construction Certificate and the approved plans and specifications must be kept on the site at all times and be available to Council officers upon request. 68. Hours of construction shall be confined to between 7 am and 6.30 pm Mondays to Fridays, inclusive, and between 8 am and 3.30 pm Saturdays with no work being carried out on Sundays and all public holidays. 69. For Class 2, 3 and 4 structures, the building works are to be inspected during construction, by the principal certifying authority (or other suitably qualified person on behalf of the principal certifying authority) to monitor compliance with Council's approval and the relevant standards of construction encompassing the following stages: i) after excavation for, and before the placement of, any footing, and ii) prior to covering waterproofing in any wet areas, for a minimum of 10% of rooms with wet areas within a building, and iii) prior to covering any stormwater drainage connections, and iv) after the building work has been completed and prior to any occupation certificate being issued in relation to the building. Documentary evidence of compliance with Council's approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the principal certifying authority and be made available to Council officers upon request. 70. Upon inspection of each stage of construction, the Principal Certifying Authority (or other suitably qualified person on behalf of the Principal Certifying Authority) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council's approval: 6 Sediment control measures 7 Provision of perimeter fences or hoardings for public safety and restricted access to building sites. 8 Maintenance of the public place free from unauthorised materials, waste containers or other obstructions. 71. Demolition operations shall not be conducted on the roadway or public footway or any other locations, which could lead to the discharge of materials into the stormwater drainage system. 72. All waste generated on site shall be disposed of in accordance with the submitted Waste Management Plan. 73. A Registered Surveyor's check survey certificate or compliance certificate shall be forwarded to the certifying authority detailing compliance with Council's approval at the following stage/s of construction: i) After excavation work for the footings, but prior to pouring of concrete, showing the area of the land, building and boundary setbacks. ii) Prior to construction of each floor level showing the area of the land, building and boundary setbacks and verifying that the building is being constructed at the approved level. iii) Prior to fixing of roof cladding verifying the eave, gutter setback is not less than that approved and that the building has been constructed at the approved levels. iv) On completion of the building showing the area of the land, the position of the building and boundary setbacks and verifying that the building has been constructed at the approved levels. v) On completion of the drainage works (comprising the drainage pipeline, pits, overland flow paths, on-site detention or retention system, and other relevant works) verifying that the drainage has been constructed to the approved levels, accompanied by a plan showing sizes and reduced levels of the elements that comprise the works. 74. All excavation and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards and guarded and protected to prevent them from being dangerous to life or property. 75. When excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building or an adjoining allotment of land, you shall. i) preserve and protect the building from damage and ii) underpin and support the building in an approved manner, if necessary and iii) give notice of intention to excavate below the level of the base of the footings of a building on an adjoining allotment of land to the owner at least 7 days prior to excavation and furnish particulars of the excavation to the owner of the building being erected or demolished. Note: The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. In this conditions allotment of land includes a public road and any other public place. 76 Wind blown dust from stockpile and construction activities shall be minimised by one or more of the following methods: i) spraying water in dry windy weather ii) cover stockpiles iii) fabric fences 77. Works shall not encroach onto or over adjoining properties, including retaining walls, fill material or other similar works. Soil shall not be lost from adjoining sites due to construction techniques employed on the subject site. 78. All contractors shall comply with the following during all stages of demolition and construction: 9 A Waste Container on Public Road Reserve Permit must be obtained prior to the placement of any waste container or skip bin in the road reserve (i.e. road or footpath or nature strip). Where a waste container or skip bin is placed in the road reserve without first obtaining a permit, the Council's fees and penalties will be deducted from the Footpath Reserve Restoration Deposit. Permits can be obtained from Council's Customer Service Centre. 10 A Road Opening Permit must be obtained prior to any excavation in the road reserve (i.e. road or footpath or nature strip). Where excavation is carried out on the road reserve without first obtaining a permit, the Council's fees and penalties will be deducted from the Footpath Reserve Restoration Deposit. Permits can be obtained from Council's Customer Service Centre. 11 A Hoarding Permit must be obtained prior to the erection of any hoarding (Class A or Class B) in the road reserve (i.e. road or footpath or nature strip). Where a hoarding is erected in the road reserve without first obtaining a permit, the Council's fees and penalties will be deducted from the Footpath Reserve Restoration Deposit. Permits can be obtained from Council's Customer Service Centre. 12 A Crane Permit must be obtained from Council prior to the operation of any activity involving the swinging or hoisting of goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway. Permits can be obtained from Council's Customer Service Centre. 13 A Permit to Dewater or Pump Out a site must be obtained prior to the discharge of pumped water into the road reserve, which includes Council stormwater pits and the kerb and gutter. Permits can be obtained from Council's Customer Service Centre. 79. The existing dwelling/structure shall be demolished and removed from the site prior to works commencing. All demolition work shall be carried out in accordance with Council's Demolition and Erection of Buildings Code, with AS2601 – 2001: The Demolition of Structures and with the requirements of the WorkCover Authority of NSW. 80. Stockpiles are not permitted to be stored on Council property (including nature strip) unless prior approval has been granted. In addition stockpiles of topsoil, sand, aggregate, soil or other material shall be stored clear of any drainage line or easement, natural watercourse, kerb or road surface 81. Building and demolition operations such as brickcutting, washing tools or paint brushes, and mixing mortar shall not be performed on the roadway or public footway or any other locations which could lead to the discharge of materials into the stormwater drainage system. 82. All disturbed areas shall be stabilised against erosion within 14 days of completion, and prior to removal of sediment controls. 83. Stormwater from roof areas shall be linked via a temporary downpipe to an approved stormwater disposal system immediately after completion of the roof area. 84. Stormwater from roof areas shall be linked via a temporary downpipe to an approved stormwater disposal system immediately after completion of the roof area 85. Building, demolition and construction works not to cause stormwater pollution and being carried out in accordance with Section 2.8 of Council's Stormwater Pollution Control Code 1993. Pollutants such as concrete slurry, clay and soil shall not be washed from vehicles onto roadways, footways or into the stormwater system. Drains, gutters, roadways and access ways shall be maintained free of sediment. Where required, gutters and roadways shall be swept regularly to maintain them free from sediment. Note: The Applicant may be liable to prosecution under the Environmental Planning and Assessment Act 1979 for a breach of an approval condition, or under the Protection of the Environment Operations Act 1997, if its employees, agents or sub-contractors allow sediment, including soil, excavated material, building materials, or other materials to be pumped, drained or allowed to flow to the street, stormwater pipes or waterways. The Applicant shall ensure that its employees, agents or sub-contractors understand and maintain sediment control measures. 86. Owners/Applicants/Builders and demolishers are required to confine access to building and demolition sites to no more than two 3m driveways, and provide a footpath protection pad over Council's footpath at these points (see attached detail). Within the site, provision of a minimum of 100mm coarse crushed rock is to be provided for a minimum length of 2 metres to remove mud from the tyres of construction vehicles. An all weather drive system or a vehicle wheel wash, cattle grid, wheel shaker or other appropriate device, shall be installed prior to commencement of any site works or activities, to prevent mud and dirt leaving the site and being deposited on the street. Vehicular access is to be controlled so as to prevent tracking of sediment onto adjoining roadways, particularly during wet weather or when the site is muddy. Where any sediment is deposited on roadways it is to be removed by means other than washing and disposed of appropriately. In addition builders / demolishers are required to erect a 1.5m high fence along the whole of the street alignment other than at the two openings. Such protection work, including fences, is to be constructed, positioned and maintained in a safe condition to the satisfaction of the Principal Certifying Authority, prior to the demolition of the existing structures and commencement of building operations. 87. Council's warning sign for soil and water management must be displayed on the most prominent point on the building site, visible to both the street and site workers. The sign must be displayed throughout construction. A copy of the sign is available from Council. Prior to Issue of Occupation Certificate or Commencement of Use The following conditions must be complied with prior to issue of the Occupation Certificate or Commencement of Use. 88. An Occupation Certificate shall be obtained in relation to the approved works prior to any use or occupation of the building. 89. Tactile differentiation on floor surfaces indicating change of gradient shall be provided to those buildings where access and facilities for people with disabilities has been provided. This includes the external parts of the building, eg. access walkways and ramps. Such differentiation shall have regard to the provisions of AS1428.4. 90. Where Council's park/reserve is damaged as a result of building work or vehicular building traffic, this area shall be restored by Council at the applicant's expense. Repairs shall be completed prior to the issue of the Occupation Certificate. 91. All excess excavated material, demolition material, vegetative matter and builder's rubbish shall be removed to the Waste Disposal Depot or the Regional Tip prior to final inspection. Note: Burning on site is prohibited. 92. Lot B of DP 335717 and Lot C of DP 335717 are to be consolidated into one allotment. A copy of the plan of consolidation must be provided to the Principal Certifying Authority prior to release of the Strata Certificate. 93. All landscape works are to be carried out in accordance with the approved landscape plans. The landscaping is to be maintained to the approved standard at all times. 94. All works within the road reserve, which are subject to approval pursuant to Section 138 of the Roads Act 1993, shall be completed and accepted by council. 95. Where an electricity substation is required by Energy Australia, a final film survey plan shall be endorsed with an area having the required dimensions as agreed with Energy Australia over the location of the proposed electricity distribution substation site. The substation must be located within the boundary of the development site, or within the building, subject to compliance with the BCA. The substation site shall be dedicated to Council as public roadway, or as otherwise agreed with Energy Australia. Energy Australia's requirements shall be met prior to release of the issue of the Occupation Certificate. 96. Vehicles shall enter and exit the site in a forward direction at all times. A plaque with minimum dimensions 300mm x 200mm shall be permanently fixed to the inside skin of the front fence, or where there is no front fence a prominent place approved by the Principal Certifying Authority, stating the following: "Vehicle shall enter and exit the site in a forward direction at all times". 97. Prior to completion of the building works, a full width vehicular entry is to be constructed to service the property. Any obsolete vehicular entries are to be removed and reconstructed with kerb and gutter. This work may be done using either a Council quote or a private contractor. There are specific requirements for approval of private contractors. 98. The internal driveway is to be a minimum of 3.5 m and a maximum of 5.5 m at the boundary. 99. Eighteen (18) off-street car spaces shall be provided in accordance with the submitted plan and shall be sealed and linemarked to Council's satisfaction. The pavement of all car parking spaces, manoeuvring areas and internal driveways shall comply with Australian Standard AS3727 – Guide to Residential Pavements. 100. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance. Following application a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer infrastructure can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development. 101. Prior to occupation, a registered surveyor shall certify that the driveway(s) over the footpath and within the property have been constructed in accordance with the approved driveway profile(s). The certification shall be based on a survey of the completed works. A copy of the certificate and a works-as-executed driveway profile shall be provided to Council if Council is not the Principal Certifying Authority. 102. Where the installation of electricity conduits is required in the footway, the builder shall install the conduits within the footway across the frontage/s of the development site, to EnergyAustralia's specifications. EnergyAustralia will supply the conduits at no charge. A Road Opening Permit must be obtained from Council prior to the installation of conduits. The builder is responsible for compaction of the trench and restoration of the footway in accordance with Council direction. A Compliance Certificate from Energy Australia shall be obtained prior to the issue of the Occupation Certificate. 103. Testing and evaluation of the wall insulation system is to be carried out at post construction stage by a suitably qualified acoustical engineer to show an Acoustical Star Rating of 5 has been achieved in accordance with the standards prescribed by the Association of Australian Acoustical Consultants (AAAC) in accordance with the report submitted to Council with the Development Application. A report is to be submitted to the Principal Certifying authority prior to the issue of the Occupation Certificate. 104. Testing and evaluation of the floor system is to be carried out at post construction stage by a suitably qualified acoustical engineer to show that an Acoustical Star Rating of 5 in accordance with the standards prescribed by the Association of Australian Acoustical Consultants (AAAC) and in accordance with the report submitted to Council with the Development Application has been achieved. A report is to be submitted to the Principal Certifying Authority prior to the issue of the Occupation Certificate. 105. A certificate is to be provided to Council that all wet areas have been effectively waterproofed (prior to tiling) in accordance with AS3740 and the product manufacturer's recommendations. 106. A Landscape Architect shall provide a report to the certifying authority (with a copy provided to Council, if Council is not the principal certifying authority) stating that the landscape works have been carried out in accordance with the approved plans and documentation. 107. Prior to occupation, the installer of the tank and the waterproofer shall certify that the tanking and waterproofing has been constructed in accordance with the approved design and specification. A copy shall be provided to Council if council is not the Principal Certifying Authority. 108. A certificate from a Registered Surveyor shall be provided to the Principal Certifying Authority (PCA) certifying that the habitable/commercial floor level is constructed a minimum of 500mm above the 1% Annual Exceedance Probability (A.E.P) Flood Level. A copy of the certificate shall be provided to Council where Council is not the Principal Certifying Authority. 109. Prior to occupation a Chartered Professional Engineer shall certify that the stormwater system has been constructed in accordance with the approved plans and as required by Council's DCP 78 - Stormwater Management. The certificate shall be in the form specified in DCP 78 and include an evaluation of the completed drainage works. A works-as-executed drainage plan shall be prepared by a registered surveyor based on a survey of the completed works. A copy of the certificate and works-as-executed plan(s) shall be supplied to the Principal Certifying Authority. A copy shall be provided to Council if Council is not the Principal Certifying Authority. 110. All absorption trenches must be inspected, and a compliance certificate under Part 4A of the EP&A Act issued prior to back filling and proceeding to subsequent stages of construction. Copies of the certificate are to be maintained by the principal certifying authority and be made available to Council officers upon request. 111. Prior to issue of the Occupation Certificate a registered surveyor is to certify that there has been no loss of floodplain storage below 3.25 m AHD at the rear /side of the site has been achieved. 112. Prior to issue of the Occupation Certificate the hydraulic/flood consultant is to certify that all the requirements of the Flood Management Plan have been satisfied. 113. Prior to issue of the Occupation Certificate the plumber or hydraulic consultant is to certify that all the requirements of the rainwater reuse system, including provision of all the taps and toilet flushing, have been satisfied. 114. The underground garage shall be flood proofed to a minimum of 500mm above the 1% Annual Exceedance Probability flood level. The levels shall be certified by a registered surveyor prior to construction of the driveway or other openings. 115. The development shall comply with Council's DCP 66 – Management of Flood Risk, and the Planning Considerations and Development Controls listed in the Flood Advice letter issued by Council on 1 February 2007. 116. Boundary fencing shall be reconstructed to allow fro overland flows by installing open form louvres to a minimum height of 0.4m above finished ground level, for the full length of the rear boundary, and for the portion of the side boundary with 50 Beach Street measuring 9.6m from the rear boundary. 117. The maximesh screens and removable geotextile are to be installed in the absorption system prior to connection of the downpipes to ensure the effective performance of the system during construction and the long term viability of the system. 118. A kerb shall be provided along the boundary to prevent surface flows from discharging onto the neighbouring property. 119. A positive covenant pursuant to the Conveyancing Act 1919 shall be created on the title of the lots that contain the stormwater retention and detention facility to provide for the maintenance of the retention and detention facility. 120. The pump system, including all associated electrical and control systems, shall be tested and inspected by a suitably qualified and experienced person. Records of testing shall be retained and provided to the certifying hydraulic engineer and/or PCA upon request. 121. The drainage system shall be constructed in accordance with the approved drainage plans and any amendments in red. All stormwater drainage plumbing work shall comply with the NSW Code of Practice: Plumbing and Drainage and Australian Standard AS3500 122. The owner of the premises shall inform Sydney Water that a Rainwater tank has been installed in accordance with applicable requirements of Sydney Water. 123. The overflow from the rainwater tank shall be directed to the storm water system. 124. All plumbing work proposed for the installation and reuse of rainwater shall comply with the NSW Code of Practice: Plumbing and Drainage and be installed in accordance with Sydney Water "Guidelines for rainwater tanks on residential properties. 125. A first flush device shall be installed to reduce the amount of dust, bird faeces, leaves and other matter entering the rainwater tank. Prior to THE Issue of THE Subdivision Certificate OR THE STRATA CERTIFICATE The following conditions must be complied with prior to the issue of the Subdivision Certificate or the Strata Certificate. 126. Parking spaces shall be allocated to dwellings in the development in the following manner and this shall be reflected in any subsequent strata subdivision of the development: Small/medium dwelling (s) (<100m2 GFA) 1 space each minimum (minimum) 12 spaces Visitor Spaces (minimum) 3 spaces Total: 18 All common property spaces shall be labelled as visitor spaces on the final strata plan for the site. ROADS ACT 127. Construction related activities must not take place on the roadway without Council approval. Short-term activities (including operating plant, materials delivery) that reduce parking spaces, affect access to a particular route or prevent or restrict the passage of vehicles along the road must not occur without a valid Temporary Roadside Closure Permit. Activities involving occupation of the parking lane for durations longer than allowed under a Temporary Roadside Closure Permit require a Construction Zone Permit and must not occur prior to the erection of Construction Zone signs by the RTA. Permit application forms should be lodged at Council's Customer Service Centre allowing sufficient time for evaluation. An information package is available on request. 128. The following works will be required to be undertaken in the road reserve at the applicant's expense: i) construction of a new fully constructed concrete vehicular entrance/s; ii) removal of the existing concrete vehicular entrance/s, and/or kerb laybacks which will no longer be required; iii) reconstruction of selected areas of the existing concrete Footpath/vehicular entrances and/or kerb and gutter. 129. In addition to the works in the road reserve listed above, the following modification and/or improvement works to the road and drainage in Beach Street will be required to be undertaken at the applicant's expense: i) The construction of 3 x new kerb inlet pits; ii) The installation of 375mm ø and 450mm ø reinforced concrete pipe; iii) The removal of an existing 375mm ø pipe; and iv) The reconstruction of an existing kerb inlet pit to a heavy duty grated inlet pit. Note: The design and documentation of the works shall be in accordance with Council's design specification. Design checking fees apply to the assessment of the plans and issue of the permit. The detailed plans of the works are required to be submitted to Council for assessment and approval pursuant to Section 138 of the Roads Act 1993 , prior to the issue of the Construction Certificate. 130. All footpath, or road and drainage modification and/or improvement works to be undertaken in the road reserve shall be undertaken by Council, or by a Private Licensed Contractor subject to the submission and approval of a Private Contractor Permit, together with payment of all inspection fees. An estimate of the cost to have these works constructed by Council may be obtained by contacting Council on 9562 1670. The cost of conducting these works will be deducted from the Footpath Reserve Restoration Deposit, or if this is insufficient the balance of the cost will be due for payment to Council upon completion of the work. Development EngineerWorks Within The Road Reserve 131 Any driveway works to be undertaken in the footpath reserve by a private contractor requires an "Application for Consideration by a Private Contractor" to be submitted to Council together with payment of the application fee. Works within the footpath reserve must not start until the application has been approved by Council. 132. Following completion of concrete works in the footpath reserve area, the balance of the area between the fence and the kerb over the full frontage of the proposed development shall be turfed with either buffalo or couch (not kikuyu) or landscaped. If landscaping is proposed rather than turfing, details shall be submitted to the Property and Community Services Department for approval. DEVELOPMENT CONSENT ADVICE a. You are advised to consult with your utility providers (i.e. Energy Aust, Telstra etc) in order to fully understand their requirements before commencement of any work. b. If Council is appointed as the Principal Certifying Authority (PCA), a fee shall be paid before a Construction Certificate is issued. If payment is made after the end of the financial year, the amount shall be adjusted in accordance with Council's adopted fees and charges. The fees charged encompass all matters related to ensuring that the proposed development is carried out in accordance with the approved plans and any post inspection issues that may arise. c. If Council is the Principal Certifying Authority for the development, a drainage inspection fee of $265.10 shall be paid prior to the issue of the Construction Certificate. If payment is made after the end of the financial year, the amount shall be adjusted in accordance with Council's adopted fees and charges. NB: This fee does not include a confined space entry into the on-site detention tank. Where a confined space entry is required, an additional fee of $388.00 is payable. A confined space entry will be required where: a) Information provided in the works-as-executed drawing and engineering certification is inconclusive as to the compliance of the system with the approved plans; and/or b) Visual inspection from outside the tank is inconclusive as to the compliance of the system with the approved plans. d. All asbestos fibre demolition material and asbestos dust shall be handled, stored and removed in accordance with the relevant legislation and guidelines including: 14 Occupational Health and Safety Act 2000 15 Occupational Health and Safety Regulation 2001 16 Occupational Health and Safety Amendment (Chrysotile Asbestos) Regulation 2003 17 Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (2005)] 18 Code of Practice for the Management and Control of Asbestos in Workplaces [NOHSC: 2018 (2005)] 19 Protection of the Environment Operations (Waste) Regulation 1996 All work procedures shall be devised to minimise the release of dust and fibres. A checklist of safety precautions when working with asbestos is available in Health & Safety Guidelines prepared by the WorkCover Authority of NSW. Collection, storage and transportation is subject to the Protection of the Environment Operations (Waste) Regulation 1996. e. The water from the rainwater tank should not be used for drinking, Sydney Water shall be advised of the installation of the rainwater tank. f. The removal, cleaning and disposal of lead-based paint shall conform with the requirements of the NSW Environment Protection Authority's guideline - "Lead Alert - Painting Your Home" _________________________ T A Bly Commissioner of the Court ljr 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.