Land and Environment Court of New South Wales CITATION : Abediasi v Council of the City of Ryde [2010] NSWLEC 1061 APPLICANT Saeid Abediasi PARTIES : RESPONDENT Council of the City of Ryde FILE NUMBER(S) : 10898 of 2009 CORAM: Brown C KEY ISSUES: DEVELOPMENT APPLICATION :- demolition of two existing dwelling houses and the construction of seven villa homes and the strata title subdivision - traffic safety - 2-storey buildings - site coverage - encroachment into the side setback - garbage bin location LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Ryde Planning Scheme Ordinance DATES OF HEARING: 22 February 2010 EX TEMPORE JUDGMENT DATE : 22 February 2010 APPLICANT Mr M Staunton, barrister SOLICITORS Neil Lawson & Co LEGAL REPRESENTATIVES: RESPONDENT Mr P Marincowitz, solicitor SOLICITORS Sparke Helmore JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Brown C 22 February 2010 10898 of 2009 Saeid Abediasi v Council of the City of Ryde JUDGMENT 1 COMMISSIONER: This is an appeal against the refusal by the Council of the City of Ryde (the council) of DA 2009/224 for the demolition of two existing dwelling houses and the construction of seven villa homes and the strata title subdivision of the new homes at 167 North Road and 4 and 4A Ferrabetta Avenue, Eastwood (the site). The site 2 The site is Lot 1 in DP 503472 and Lots 21 and 22 in DP 1081450. The total area of the site is 2,189.4 sq m, with a frontage of 35.425 m to North Road and 44.805 m to Ferrabetta Avenue. The site contains a dwelling on 167 North Road and a dwelling on 4 Ferrabetta Avenue. The site has a gentle slope to its north-eastern corner and contains no significant vegetation. 3 The locality contains mainly single detached dwellings although on the opposite corner of North Road and Ferrabetta Avenue is a recently constructed villa development of three dwellings. The proposal 4 The development proposes demolition of all existing structures and the erection of an urban housing development containing seven villa homes comprising 1 x 4 bedrooms, 5 x 3 bedrooms, and 1 x 2 bedrooms and strata subdivision. 5 The development comprises two buildings; one contains Villas 1 to 4 and the other contains Villas 5 to 7. Vehicular access to the development is via a single driveway from North Road. Pedestrian access from North Street to the front doors of Villas 2 to 4 is provided via the common driveway. Villas 1 and 7 have a separate pedestrian pathway from North Road and Villas 5 and 6 have a separate pedestrian from Ferrabetta Avenue. Relevant planning controls 6 The site falls under the Ryde Planning Scheme Ordinance (the Ordinance) and is within Zone 2(a) Residential. The proposed development is permissible with council consent. 7 The City of Ryde Development Control Plan 2006 (DCP 2006) applies to the proposed development and relevantly includes Part 3.6 Urban Housing and Part 9.3 Car Parking. The contentions 8 The contentions raised by the council are: 1. the safety of the ingress and egress to and from North Road; and 2. the unsuitability of the development because of the non-compliance with the DCP 2006 requirements relating to the number of 2-storey buildings, site coverage, encroachment into the side setback and the individual provision of garbage bins rather than a central enclosure. The evidence 9 The parties agreed to the appointment of Mr Craig McLaren, a traffic engineer, as the single expert on the traffic issue, and Mr Chris Blyth, a town planner, as the single expert on the planning issues. Mr McLaren and Mr Blyth prepared individual reports. Three local residents raised additional evidence on site and their concerns mirrored those of the council and related to: the safety of the ingress and egress; the increase in vehicular traffic; and the impact of existing trees and their potential damage. Ingress and egress 10 Mr McLaren surveyed vehicle numbers and speed near the site and based on the requirements in Australian Standard AS 2890.1, he concluded that the minimum sight distance was achieved for drivers of vehicles leaving the site. The minimum sight distance was, however, not achieved for vehicles within North Road turning right into the proposed driveway. Based on Australian Standard AS 2890.1, the stopping sight distance is 60.76 m for cars and 65.06 m for trucks. Mr McLaren calculated the available sight distance at 54 m. In concluding that the sight distance is unacceptable, Mr McLaren provides three options to address this inadequate sight distance. These are: 1. The installation of a concrete median in North Road opposite the proposed driveway to prohibit right turn movements into the site. 2. A redesign of the development to move the driveway further to the north in North Road. 3. A redesign of the proposed development to move the driveway to Ferrabetta Avenue. 11 Mr McLaren states that all three options are acceptable in terms of safety, and satisfy the objectives in cl 9.3.1 of DCP 2006. Mr Staunton for the applicant submitted that the first option was the applicant's preference and that a deferred commencement condition requiring a specific design for the median and consultation with the Local Traffic Committee was acceptable to the applicant. 12 Given the evidence of Mr McLaren, I accept that the contention of traffic safety is satisfactorily addressed through the imposition of a deferred commencement condition requiring the construction of a median in North Road to prohibit right turn movements into the site. Non-compliance with DCP 2006 requirements 13 The areas of dispute were addressed by Mr Blyth who found that the variations to the DCP 2006 development requirements to be justified, based on a consideration of the extent of the variation and the objectives of the relevant development requirements. 14 Mr Marincowitz for the council submitted that the cumulative effect of the non-compliances justified the refusal of the development application. Number of storeys 15 Clause 3.3 of DCP 2006 provides the following objectives for storey and height: To ensure the scale of the urban housing development is related to the character and streetscape of the surrounding area; and To ensure privacy to adjoining development. 16 Relevantly, cl 3.3.1(b) states: ( b) For corner allotments, only one dwelling within the development can be 2 storeys, that being the dwelling fronting the shortest street frontage. This is usually the street to which the property is rated. 17 Mr Blyth's acceptance of the variation to allow two dwellings to be 2- storeys is based on: the site is an amalgamated site rather than a single site; each of the two-storey dwellings has its upper storey within the roof space; the development is in character with the surrounding context being made up of single and 2-storey dwellings; Villa 7 is located on the corner and does not adjoin any existing properties; and there are no adverse amenity impacts. 18 With an understanding of the proposed development and with the benefit of the site view, I agree with Mr Blyth's reasons for allowing the two 2-storey dwellings. Site coverage 19 Clause 3.4 of DCP 2006 provides requirements for site coverage. Clause 3.4 provides that site coverage must not exceed 40%. The objective is To ensure a balance between built and unbuilt areas and to allow for sufficient landscaping and pervious areas within the site. 20 Site coverage is defined in the Dictionary in cl 10 as: Site coverage is the amount of the site that is covered by buildings expressed as a percentage of the total site area. This is measured at the floor area and includes garages, carports, porches, verandas, porticos, stairs etc that are above natural ground level or are covered. 21 There was agreement that the site coverage was 43.5 % when measured to the edge of the eaves of the dwellings. If measured to the face of the buildings, then there was agreement that the proposed development satisfied the 40% requirement. 22 While it is not without some doubt, I am unsure why the calculation should be based on the eaves, given the words measured at the floor area in the definition, and considering the objectives that seek to provide landscaping and unbuilt-on areas. In practical terms, it would seem that both landscaping and water absorption can be reasonably achieved in the area under the eaves. There is no valid reason, in my view, that this area should not be included in the calculation. In any event, I agree with Mr Blyth that even if the figure of 43.5 % was used, the variation is minor and would not be a reason to refuse the application. Setbacks 23 Clause 3.5.3 provides requirements for setbacks from a second street frontage. The clause requires walls of all buildings must be set back no less than 4.5 m from that boundary. The objectives for all setbacks are: To allow sufficient separation within the development and from adjoining properties to ensure privacy between dwellings; To allow for substantial landscaping and pervious areas; To allow sufficient manoeuvring area for vehicles; To ensure the development is in keeping with the existing streetscape; To allow the retention of existing substantial trees. 24 The area of encroachment is a 1.8 m high fence around car space 2 for Villa 6. The fence has a maximum encroachment of around 1 m for a distance of around 3 m. If considered against the relevant objectives, I agree Mr Blyth that the encroachment could not support the refusal of the application, given the small variation to the 4.5 m requirement, and also considering its 3 m length against the 44.8 m boundary length. Garbage bin enclosure 25 Clause 4.8 provides that for development of 6 or more dwellings, a central garbage bin enclosure should be provided. The relevant objective provided at cl 4.8 is: To provide a storage area for rubbish and recycle bins which has minimal visual impact on adjoining dwellings, the streetscape and within Urban Housing development. 26 Mr Blyth states that rather than provide a central bin enclosure, each villa has been provided with individual garbage storage areas within their attached garages. Mr Blyth identifies the following advantages of the proposed individual garbage storage areas: where there is a space within a dwelling, it is preferable to have bins located near dwellings for convenience and hygiene; a central garbage bin enclosure should be avoided if possible because of the added maintenance and cleaning requirements; and a structure could have adverse impacts on the streetscape. 27 Mr Blyth's comments are practical and sound, and I agree that the provision of a central garbage bin is unnecessary in this case. Orders 28 The orders of the Court are: 1. The appeal is upheld. 2. Development Application No LDA 2009/0224 for the demolition of 2 existing dwellings and the construction of 7 villa homes and the strata title subdivision of the new villas at 167 North Road and 4 and 4A Ferrabetta Avenue, Eastwood is approved subject to the conditions in Annexure A. 3. The exhibits are returned with the exception of exhibit A ___________________ G T Brown Commissioner of the Court Annexure 'A' Conditions of Consent Saeid Abediasl v City of Ryde Council Part 1 – Conditions Relating to a Deferred Commencement Consent pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979 1. Approval by Council of an amended stormwater drainage plan which addresses the following matters: a. Submission of a detailed stormwater drainage plan prepared by a chartered civil engineer for the collection and piping of stormwater runoff from the site to Woorang Street underground drainage system. The design shall incorporate all BASIX requirements and include provision for an On-site detention system designed in accordance with Part 8.2 of Council's Stormwater Management manual. b. The extension of Council's existing drainage system as detailed on drawing no. 0722–PO2 prepared by Storm Consulting Pty Ltd dated 15.9.09. 1A. A separate approval is to be obtained from Council under section 138 of the Roads Act 1993 permitting construction of a median strip on North Road in accordance with Part 5 "Conclusion", paragraph 1 of the report prepared by Craig McLaren dated 15 February 2010 attached to this consent. The following requirements shall apply upon satisfactory completion of the requirements outlined in Part 1 of this consent (above). Part 2 – General Conditions of Consent GENERAL 1. Development is to be carried out in accordance with the Plans 0709 DA01 Issue C, DA02 Issue A, DA03 Issue B, DA04 Issue B, Landscaping Plan No LPDA08-234/1B, Tree Survey Plan LPDA08-155/1, Draft Strata Plan SP-01A except as amended by any other condition of this consent, and subject to the following specific requirements: (a) In order to maximise sight distances, the front fence shall be provided with a 2.5m x 2.5m splay on either side of the driveway as shown in red on the approved plans and as shown in the plan after this condition. (b) In order to maximise pedestrian safety, a suitable speed hump shall be provided in the driveway within the subject site (generally shown in red on the approved plans and as shown in the plan after this condition). This hump shall also be constructed of materials which ensure that noise impacts on neighbouring properties are minimised. 2. The term of this Consent is limited to a period of two (2) years from the date of approval. The consent will lapse if the development does not commence within this time 3. An amended arborist's report shall be submitted with the Construction Certificate and shall include: a) The construction management of rootzones of neighbouring trees occurring on adjacent properties including: Sydney Blue Gum ( Eucalyptus saligna ); 1 Stone Pine (Pinus pinea ); and, 1 English Oak ( Quercus robur ) The arborist's report shall provide detailed representation of the trunk diameter and canopy, and a plan representation of the tree protection zones and the type of temporary fencing to be installed around all tree rootzones to be protected; b) Details of how the rootzones of the affected trees are to be fenced off prior to commencement of demolition and are to be maintained until the completion of construction. No construction activity or incursion of any sort is to occur within the rootzones of affected trees (other than to allow the hand-construction of the deck); c) Recommendations about a suitable design level and surface for the construction of the second carparking space associated with Villa unit 4; which should be of non-rigid porous construction laid on a flexible subgrade. Design levels should be as such to eliminate the need for any excavation into the rootzone of the neighbouring Stone Pine; d) A schedule of supervision by an appropriately qualified arborist for the duration of the construction period including demolition; and e) In order to protect the root-zone of trees on neighbouring properties, the provision of a timber deck to the courtyard of villa 3. This deck shall be constructed at the courtyard level shown on the architectural plans and with minimal disturbance to surface ground levels. The amended report is to be complied with throughout the construction process. 3A. All tree pruning performed pursuant to this consent must be carried out in accordance with the relevant Australian Standard. 4. Where practicable, the paving provided to the paved areas within the courtyard of each villa unit (namely the patio, car space and clothes drying areas) shall be pervious pavers (ie not stencilled concrete or any form of paving which would not allow water to pass through). 5. Compliance with the Building Code of Australia a) All building work (other than work relating to a temporary building) must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date of the application for the relevant construction certificate or complying development certificate was made). b) This clause does not apply to the extent to which an exemption is in force under clause 187 or 188, in the Environmental Planning and Assessment Regulation 2000, subject to any terms of any condition or requirement referred to in Clause 187(6) or 188(4). 6. Prior to commencing any construction works, the following provisions of the Environmental Planning and Assessment Amendment Act, 1997 are to be complied with: a) A Construction Certificate is to be obtained in accordance with Section 81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations. c) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations. 7. The applicant may apply to the Council or an accredited certifier for the issuing of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s. Council officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service). 8. The development is to be carried out in compliance with the BASIX Certificate No 247167M dated 12 May 2009. 9. Any architectural and/or fixture changes to the development will require the submission of a new BASIX certificate. Please note that modifications may require the submission of a Section 96 application in accordance with the Environmental Planning & Assessment Act. 10. Residential Building Work a) Building work that involves residential building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates: i) in the case of work to be done under the Act: has been informed in writing of the licensee's name and contractor licence number, and is satisfied that the licensee had complied with the requirements of Part 6 of the Act; or ii) in the case of work to be done by any other person: has been informed in writing of the person's name and owner-builder permit number; or has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of "owner builder work" in Section 29 of that Act, and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs. b) A certificate purporting to be used by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purpose of this clause, sufficient evidence that the person has complied with the requirements of that Part. 11. Excavations and backfilling a) All excavations and backfill associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards. b) All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property. 12. Retaining walls and drainage If the soil conditions require it: a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided; and b) adequate provision must be made for drainage. 13. Support for neighbouring buildings If the soil conditions require it: a) If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made: i) must preserve and protect the building from damage, and ii) if necessary, must underpin and support the building in an approved manner, and iii) must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. b) 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 an adjoining allotment of land. c) In this clause, "allotment of land" includes a public road and any other public place. 14. Protection of Public Places a) If the work involved in the erection or demolition of a building is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or building involves the enclosure of a public place, a hoarding or fence must be erected between the work site and the public place. b) If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. c) The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. d) Any such hoarding, fence or awning is to be removed when the work has been completed. 15. Australia Post Approval for the site and size of proposed household mailboxes must be obtained from Australia Post. 16. Fencing is to be in accordance with Council's Fencing Development Control Plan and details of compliance are to be provided in the plans for the Construction Certificate. Any replacement side boundary fencing required as a result of the proposed development shall be provided at no cost to adjoining property owners, and shall be provided in the correct position (ie on the property boundary, as verified by a registered surveyor). 17. The provision of a lattice screen 300mm high on top of the boundary fencing between the courtyards of villas 3 and 4 and the adjoining properties is required. 18. Waste Management Plan - Should you wish to vary the information provided in the Waste Management Plan submitted to Council with the Development Application involving demolition and construction works, written advice must be given to Council of any changes. Council's DCP 2006, Part 7.2 – Waste Minimisation and Management, sets out the obligations for waste management. DEMOLITION CONDITIONS 19. A security deposit (category: demolition) is to be paid to Council (Public Works and Services Group) prior to the commencement of any demolition works. Please refer to Council's Management Plan for the current fee amounts. BEFORE WORK COMMENCES 20. If any changes are made to the Waste Management Plan, a new waste management plan must be submitted to and approved by Council. The new plan must include the types and estimated volumes of waste materials that will be generated; the proposed method of reuse, recycling or disposal; and the name and address of the recycling facility or landfill site if the waste is to be recycled or disposed of off site. Reuse and recycling must be maximised. 21. Council is to be notified in writing before work commences - The applicant must notify Council of the following particulars in writing at least seven (7) working days before demolition work commences: (a) the name, address, telephone contact details and licence number of the person responsible for carrying out the work; and (b) the date the work is due to commence and the expected completion date. 22. Notification of neighbouring residents - At least seven (7) days before demolition work commences the applicant must notify the occupiers of all neighbouring premises of the date the work is due to commence by placing a written notice in the letter box of each premises. HOUSE REMOVAL 23. If a crane is to be used, a Crane Permit is to be obtained from NSW Police and a copy faxed to Council's Traffic Engineers on 9952 8070, before removal of the house. 24. A fee will be payable to Council, if the crane is to be placed on Council property, as per Council's Management Plan. 25. If a special type of vehicle is to be used to remove the house, approval from the Roads and Traffic Authority will be needed. DURING DEMOLITION 26. Site security - Security fencing must be provided around the perimeter of the site, and other precautions taken, to prevent unauthorised entry to the site during the demolition period. 27. Hoardings - Where the site adjoins a public thoroughfare the common boundary must be fenced with a hoarding, unless the horizontal distance between the boundary and the structure being demolished is more than twice the height of the structure. All hoardings must be constructed of solid materials and be at least 1.8 metres high. 28. Overhead protection - Where the site adjoins a public thoroughfare with a footpath alongside the common boundary, the footpath must be provided with overhead protection in accordance with the requirements of Australian Standard AS 2601 The Demolition of Structures, unless: (a) the vertical height of the structure being demolished is less than 4 metres above the footpath; or (b) the horizontal distance between the boundary and the structure being demolished is more than half the height of the structure. 29. Site signage - A rigid durable sign showing the demolition contractor's name, address and telephone contact details must be displayed in a prominent position on the site so that they can be easily read by anyone in any public road or other public place adjacent to the site. 30. Warning notices - Notices lettered in accordance with Australian Standard AS 1319-1994 Safety Signs for the Occupational Environment and displaying the words 'DANGER! DEMOLITION WORK IN PROGRESS' must be fixed to the security fencing/hoardings at appropriate intervals to warn the public. 31. Additional warning notices in relation to asbestos - Where the work involves the demolition or removal of asbestos products and materials, including asbestos-cement sheeting (ie. fibro), notices lettered in accordance with Australian Standard AS 1319-1994 Safety Signs for the Occupational Environment and displaying the words 'WARNING! ASBESTOS' must be fixed to the security fencing/hoardings at appropriate intervals to warn the public. 32. Erosion and sediment controls - Appropriate erosion and sediment controls must be installed before site works are commenced and be maintained at operational capacity until the site has been stabilised. These controls must include: (a) diversion of upslope runoff around disturbed areas in such a manner that the diverted water will not cause erosion and is diverted to a legal discharge point; and (b) sediment control fences or other measures on the downslope perimeter of disturbed areas to prevent sediment escaping from the site. 33. Toilet facilities - Toilets and hand washing facilities must be provided for workers in accordance with the Code of Practice: Amenities for Construction Work (WorkCover, 1996). Where practicable, the toilets must be standard flushing toilets connected to the sewerage system. 34. Protection of underground services - Before work commences the location of any underground services (eg. gas, water, electricity, telecommunications cables, etc.) must be identified and appropriate measures taken to protect those services. 35. Demolition work - All demolition work must be carried out in accordance with the requirements of Australian Standard AS 2601 The Demolition of Structures. 36. Licenced contractor to carry out work - All demolition work must be carried out by an appropriately licensed contractor. 37. Removal of underground storage tanks - The removal of the underground storage tanks must be carried out in accordance with: (a) the Australian Institute of Petroleum Code of Practice CP22 - Removal and Disposal of Underground Petroleum Storage Tanks (1994); and (b) the requirements of WorkCover New South Wales. 38. Asbestos work - All work involving asbestos products and materials, including asbestos-cement sheeting (ie. fibro), must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales. 39. Dust control - Appropriate measures must be taken to control the generation of dust during demolition work: (a) Any existing accumulations of dust (eg. in ceiling voids and wall cavities) must be removed using an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter. (b) Any materials that are likely to generate dust during demolition or removal must be wetted down and any dust created must be suppressed by means of a fine water spray. Water used for dust suppression must not be allowed to enter the street or stormwater system. (c) All stockpiles of materials that are likely to generate dust must be kept damp or covered. (d) Demolition work must not be carried out during high winds, which may cause dust to spread beyond the boundaries of the site. 40. Hours of work - All demolition work must be restricted to between the hours of 7.00am and 7.00pm Mondays to Fridays and 8.00am and 4.00pm on Saturdays. No work is to be carried out on Sundays or public holidays. 41. Noise - Noise must be minimised by the selection of appropriate methods and equipment and the use of screening or barriers where practical. 42. Noise monitoring - Noise monitoring must be carried out by a qualified acoustical consultant if complaints are received, or if directed by Council, and any control measures recommended by the acoustical consultant must be implemented during the demolition work. 43. Protection of trees - Trees must not be removed, lopped or trimmed without the prior written approval of Council and any trees to be retained must be protected from damage during demolition work. 44. Protection of buildings - Any buildings or parts of buildings to be retained on the site and all adjacent buildings must be protected from damage during demolition work. 45. Excavation and backfilling - All excavation and backfilling associated with the demolition work must be carried out in a safe manner. 46. Demolition wastes - All demolition wastes must be stored in an environmentally acceptable manner and be removed from the site at such intervals as may be necessary to ensure that no nuisance or danger to health, safety or the environment is created. 47. Recyclable wastes - All wastes nominated for recycling or re-use in the approved waste management plan must be segregated from other wastes and be transported to a place or facility where they will be recycled or re-used. 48. Storage of asbestos wastes - All asbestos wastes must be segregated from other wastes and stored in a secure area in accordance with the requirements of the Protection of the Environment Operations (Waste) Regulation 2005. 49. Contaminated soil - All potentially contaminated soil excavated during demolition work must be stockpiled in a secure area and be assessed and classified in accordance with the Environmental Guidelines: Assessment, Classification & Management of Liquid & Non-Liquid Wastes (EPA, 1999) before being transported from the site. 50. Demolition wastes not to be placed on public roads, etc. - Demolition wastes must not be placed on public roads, footpaths or reserves, or be allowed to enter any street gutter, stormwater drain or waterway. 51. Burning of demolition waste - The burning of demolition waste is prohibited under the Protection of the Environment (Control of Burning) Regulation 2000. 52. Transportation of wastes - All wastes must be transported in an environmentally safe manner to a facility or place that can lawfully be used as a waste facility for those wastes. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request. 53. Disposal of asbestos wastes - All asbestos wastes, including used asbestos-cement sheeting (ie. fibro), must be disposed of at a landfill facility licensed by the New South Wales Environment Protection Authority to receive asbestos waste. 54. Surplus excavated material - All surplus excavated material must be disposed of at a licensed landfill facility, unless Council approves an alternative disposal site. 55. Covering of loads - All vehicles transporting demolition materials from the site must have their loads covered. 56. Mud and debris from vehicles - All practicable measures must be taken to ensure that vehicles leaving the site do not deposit mud or debris on the road. 57. Removal of mud and debris from roadway - Any mud or debris deposited on the road must be cleaned up immediately in a manner that does not pollute waters (ie. by sweeping or vacuuming). 58. No trees are to be removed as part of this application. PRIOR TO CONSTRUCTION CERTIFICATE 59. A contribution for the services in Column A and for the amount in Column B shall be made to Council prior to the issue of the Construction Certificate. A B Contribution Plan TOTAL CONTRIBUTION PAYABLE Community & Cultural Facilities $9,762.56 Open Space & Recreation Facilities $24,033.38 Civic & Urban Improvements $8,174.45 Roads & Traffic Management Facilities $1,115.25 Cycleways $696.48 Stormwater Management Facilities $2,214.45 Plan Administration $187.77 Total $46,184.33 This contribution is a contribution under the provisions of Section 94 of the Environmental Planning and Assessment Act, 1979 as specified in Section 94 Development Contributions Plan 2007 adopted by City of Ryde on 11/12/2007. The above amount is current as at 2 February 2010. If the contribution is not paid within the same quarter as that date, the actual contribution payable shall be the above sum adjusted for inflation by reference to the Consumer Price Index published by the Australian Bureau of Statistics (Catalogue No 5206.0) in accordance with Council's Contribution Plan. 59A Prior to the issue of the construction certificate, the plans shall be amended to correct the levels shown on the northern courtyard as 87.700 and 87.750. 60. A security deposit (category: other buildings with delivery of bricks or concrete or machine excavation) is to be paid to Council (Public Works and Services Group) as well as the infrastructure inspection fee. Please refer to Council's Management Plan for the current fee amounts. 61. An Enforcement levy is to be paid to Council on lodgement of the Construction Certificate application in accordance with the requirements of Council's Management Plan (scheduled fees). 62. Documentary evidence of payment of the Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate. 63. The applicant is to apply to Council, pay the required fee, and have issued street alignment levels by Council prior to the issue of the Construction Certificate. 64. Documentary evidence of compliance with Conditions 59-63 to the satisfaction of Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate. 65. Details of security lighting for internal driveways, visitor parking areas and the street frontage shall be submitted for approval prior to issue of the Construction Certificate. The details are to include certification from an appropriately qualified person that there will be no offensive glare onto adjoining residents. 66. Driveway and garden edging must be rolled edged with concrete or brick. 67. 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, Development and Plumbing section of the website at 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, as it may take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design. A copy of Sydney Water's Notice of Requirements must be submitted to the Principal Certifying Authority prior to the Construction Certificate being issued. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to occupation of the development / release of the plan of subdivision. 68. The applicant is to submit to and have approved by Council or an accredited certifier engineer's details for all concrete work and structural steelwork prior to the issue of the Construction Certificate. 69. Fire and Smoke Alarms are to be provided in accordance with Part 3.7.2 of the Building Code. Location details are to be submitted and approved by Council or an accredited certifier prior to the release of the Construction Certificate. 70. All retaining walls to excavated areas are to be completed at the earliest possible stage and prior to the erection of the timber and masonry framework. Details are to be submitted to and approved by Council or an accredited certifier prior to the issue of the Construction Certificate. 71. A site works plan must be prepared and submitted with the Construction Certificate for every demolition, earthworks or building works indicating methods of sediment and pollution control in accordance with Council's DCP 2006, Part 8.1 – Construction Activities. PRIOR TO COMMENCEMENT 72. In issuing this approval, Council has relied on the information provided by you about the siting of the building/structure on the allotment. If this information is incorrect, it is your responsibility to correct the errors. It may be advisable to undertake a land survey prior to commencing any works. 73. 'Dial 1100 Before You Dig' Underground pipes and cables may exist in the area. In your own interest and for safety, telephone 1100 before excavating or erecting structures. Information on the location of underground pipes and cables can also be obtained by fax on 1300 652 077 or through the following website www.dialbeforeyoudig.com.au . If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the Development Consent (or a new development application) may be necessary. Council's Assessment Officer should be consulted prior to the lodgment of an application for a Construction Certificate if this is the case. 74. Sediment control works are to be installed and maintained in accordance with Council's DCP 2006, Part 8.1 – "Construction Activities". 75. Signage is to be provided on the site as follows: During the entire construction phase signage shall be fixed on site identifying the PCA and principal contractor (the coordinator of the building work), and providing phone numbers. 76. In relation to demolition, all work is to be carried out in accordance with the requirements of AS 2601-2001 (The Demolition of Structures). 77. Security fencing shall be provided around the perimeter of the building/demolition site and precautionary measures taken to prevent unauthorized entries of the site at all times during demolition and construction. 78. Adequate precautions must be taken to control the emission of dust from the site during demolition and construction work. These precautions could include minimizing soil disturbance, use of water sprays, erecting screens and not carrying out dusty work during windy conditions. 79. All work involving asbestos products and materials, including asbestos-cement sheeting (i.e. fibro) must be carried out in accordance with the guidelines for asbestos work published by WorkCover New South Wales. 80. All asbestos wastes including used asbestos-cement sheeting (i.e. fibro), must be disposed of at a landfill facility licensed by the New South Wales Environmental Protection Authority to receive that waste. Copies of the disposal dockets must be kept by the applicant for at least 3 years and be submitted to Council on request. 81. Adequate arrangements must be made for the storage and disposal of demolition and building waste generated on the premises. In this regard the demolishers and builders are encouraged to maximize the re-use and recycling of materials (e.g. Concrete, bricks, roof tiles, timber, doors, windows, fittings, etc.) by separating these materials from other wastes. DURING CONSTRUCTION 82. The occasions on which building work must be inspected are: a) at the commencement of the building work b) after excavation for, and prior to the placement of, any footings c) prior to pouring any in-situ reinforced concrete building element d) prior to covering of the framework for any floor, wall, roof or other building element e) prior to covering waterproofing in any wet areas f) prior to covering any stormwater drainage connections g) 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. Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out. 83. In addition to the abovestated inspections, the Principal Certifying Authority is required to ensure that adequate provisions are made for the following measures at each stage of construction, to ensure compliance with the approval and City of Ryde's DCP 2006, Part 8.1 - "Construction Activities": a) Sediment control measures. b) Security fencing. c) Materials or waste containers upon the footway or road. d) PCA and principal contractor (the coordinator of the building work) signage. e) site toilets. 84. Council recommends that a Registered Surveyor's check survey certificate be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) detailing compliance with Council's approval at the following stages: Prior to construction of the first completed floor/floor slab showing the area of the land, proposed building and the boundary setbacks. On completion of the proposed building showing the area of the land, completed building and the boundary setbacks. 85. Concrete wastes must be collected, stored and treated in accordance with the Concrete Wastes guide published by the Environment Protection Authority. 86. Only unpolluted water is to be discharged to Council's stormwater drainage system. 87. The L10 noise level measured for a period of not less than 15 minutes while demolition and construction work is in progress must not exceed the background noise level by more than 20 dB(A) at the nearest affected residential premises. 88. All demolition and all construction and associated work is to be restricted to between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays. 89. All excavated material must be removed from the site. No fill is to be placed above the natural ground level except for minor fill in the courtyard of dwelling number 4 as shown on the landscape plan. 90. No spoil, stockpiles, building or demolition material is to be placed on any public road, footpath, park or Council owned land. 91. Site toilets shall be provided in accordance with the WorkCover Code of Practice entitled "Amenities for Construction Work". 92. At all times work is being undertaken within a public road adequate precautions shall be taken to warn, instruct and guide road users safely around the work site. Traffic control devices shall satisfy the minimum standards outlined in AS1742.3-1996 "Traffic Control Devices for Work on Roads". 93. A first flush device shall be fitted to the rainwater tanks to divert the first 5mm of runoff from the area draining away from the storage tank (e.g. 0.5 litre per square metre). 94. Adequate provisions shall be made to prevent mosquitoes breeding in the rainwater tank. This should include suitable screening to prevent eggs being laid within the tank. 95. All tanks and tank stand installations shall be structurally sound and comply with the manufacturer's and/or designer's instructions. 96. Tanks must be a commercially manufactured tank designed for the use of water supply. 97. Overflow from the tank shall be piped directly to an approved stormwater system. 98. The external finishes of tanks shall be painted or coloured to be compatible with the surrounding environment. Alternatively, the water tank may be screened behind a permanent physical barrier that serves that purpose. 99. Taps associated with the tank shall be clearly marked indicating the source of the water and that it is not to be used for Drinking Water. 100. Treads, risers and balustrades are to comply with the Building Code of Australia Part 3.9.1 and Part 3.9.2. Balustrading is to be a minimum 1.0 metres high and any openings are not to exceed 125mm. 101. All timber framing is to comply with Part 3.4.3 – Timber Framing of the Building Code of Australia. 102. All steel framing is to comply with Part 3.4.2 – Steel Framing of the Building Code of Australia. 103. Perimeters of slabs are to be provided with a drop-edge beam so as to provide face brickwork from the natural ground level. PRIOR TO OCCUPATION CERTIFICATE 104. Documentary evidence of landscape planting and construction in accordance with the approved plans and specified items is to be submitted to the Council prior to occupation of the building. 105. An Occupation Certificate must be obtained from the Principal Certifying Authority (PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building. 106. Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to ensure that the BASIX commitments have been implemented in accordance with the BASIX certificate. 107. A certificate from a suitably qualified person is to be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) that the method of Termite Protection has been provided in accordance with Part 3.1.3 of the Building Code of Australia and the requirements of the Australian Standard 3660.1. 108. A certificate from a suitably qualified person is to be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) that the method of Waterproofing wet areas has been provided in accordance with Part 3.8.1 of the Building Code of Australia and the requirements of the Australian Standard 3740 prior to wall tiling. 109. A certificate from a suitably qualified person is to be submitted to the Principal Certifying Authority (and Council, if Council is not the PCA) that Fire and Smoke Alarms have been provided in accordance with Part 3.7.2 of the Building Code. POST OCCUPATION CERTIFICATE 110. Within 2 days of issuing a final Occupation Certificate, the Principal Certifying Authority (PCA) is required to generate a BASIX Completion Receipt in accordance with the provisions of the EP & A Regulation 2000. The PCA is to refer to the BASIX Completion Receipt tool at www.basix.nsw.gov.au/administration/login.jsp in order to generate the BASIX Completion Receipt and a printed copy of the receipt is to be placed on the PCA file. STRATA SUBDIVISION 111. Certification Documents. The submission of all certification as required under this consent must take place prior to the release of the Subdivision Certificate. 112. Council will only issue a Subdivision Certificate pursuant to the Environmental Planning and Assessment Act 1979 Section 109 J when the development consent is complied with and Council or an accredited certifier has lodged documentary evidence of completion of a final inspection of any building or engineering works with Council. 113. Please contact Energy Australia's Local Customer Service Office to obtain documentary evidence that Energy Australia has been consulted and that their requirements have been met. Energy Australia Building No. 2 Bridge Road (near Sherbrook Road) Hornsby Telephone: 9477 8201 Facsimile: 9477 8295 Postal Address: GPO Box 4009, Sydney NSW 2001 Website Address: www.energy.com.au This information is to be submitted to Council prior to the release of the Subdivision Certificate . 114. Existing Easements and Restrictions. The applicant must acknowledge all existing easements and restrictions of the use of land on the final plan of subdivision. 115. Positive Covenant. The creation of a Positive Covenant under Section 88E of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property is necessary. The terms of the instruments are to be generally in accordance with the Council's "draft terms of Section 88B instrument for Maintenance of Stormwater Detention Systems" and to the satisfaction of Council. 116. 88B Instrument. The submission of an instrument under Section 88B of the Conveyancing Act 1919 plus 2 copies, creating any Easements Positive Covenants and restrictions on use, the Ryde City being the authority empowered to release vary or modify the same is required. 117. Film Plan of Subdivision. The submission of a Film Plan of Subdivision plus 5 copies suitable for endorsement by the Chief Executive pursuant to Section 327 of the Local Government Act is required. 118. Certification of Building Works. If Council is not the PCA then certification that all building works as detailed in Local Development Consent No 07/592 have been completed in accordance with that consent is to be submitted with the application for the Subdivision Certificate. Operational Requirements 119. Noise Limits – The noise level emitted by the air conditioners must not exceed the background noise level by more than 5dB(A) when measured in or on any premises in the vicinity. 120. Storage and disposal of wastes - All wastes generated on the premises must be stored and disposed of in an environmentally acceptable manner. 121. Recyclable wastes - Wastes for recycling should be stored in separate bins or containers and transported to a facility where the wastes will be recycled or re-used. 122. Offensive noise - The use of the premises must not cause the emission of 'offensive noise' as defined in the Protection of the Environment Operations Act 1997. ENGINEERING CONDITIONS General 123. Design and Construction Standards. All engineering plans and work shall be carried out in accordance with the requirements as outlined within Council's publication Environmental Standards Development Criteria and relevant Development Control Plans except as amended by other conditions. 124. Service Alterations. All mains, services, poles, etc., which require alteration shall be altered at the applicant's expense. 125. Restoration. Public areas must be maintained in a safe condition at all times. Restoration of disturbed road and footway areas for the purpose of connection to public utilities will be carried out by Council following submission of a permit application and payment of appropriate fees. Repairs of damage to any public stormwater drainage facility will be carried out by Council following receipt of payment. Restoration of any disused gutter crossings will be carried out by Council following receipt of the relevant payment. Prior To Construction Certificate 126. Drainage Security Deposit. The applicant shall lodge with Council a security deposit of $1,000 prior to the issue of the Construction Certificate to ensure the Positive Covenant has been prepared and registered at the Lands and Property Information Office (L.P.I) in relation to the maintenance of the system. Refund of this security deposit will be made upon submission of certification from the Principal Certifying Authority, confirming the drainage system has been constructed satisfactorily and that the positive covenant has been successfully lodged with the L.P.I. 127. Drainage Works. Where site stormwater disposal is proposed via Council's extended pipe network, the extended drainage works shall be constructed at no cost to Council generally in accordance with drawing no. 0722–PO2 prepared by Storm Consulting Pty Ltd dated 15.9.09. Detailed engineering plans prepared by a chartered and experienced civil engineer in accordance with City of Ryde Environmental Standards - Development Criteria - 1999 Section 4 - Public Civil Works are to be submitted to, and approved by Council incorporating the following additional requirements: a. Kerb inlet pits (sag and on grade) shall be cast-in-situ and conforming to Council's standard drainage pit details. b. Drainage pipelines shall be minimum Pipe Class 4, Rubber Ring Jointed, Reinforced Concrete with Type HS2 bedding Support and conforming to AS 4058. c. Drainage pipelines shall be designed to have a minimum longitudinal gradient of 1.0% d. A drainage system layout plan shall be drawn at a scale of 1:100, 1:200 or 1:250 and shall show drainage pipe locations, drainage pit locations and number and road centerline chainage, size of opening and any other information necessary for the design and construction of the drainage system (i.e. utility services). e. A drainage system longitudinal section shall be drawn at a scale of 1:100 or 1:200 horizontally and 1:10 or 1:20 vertically and shall show pipe size, class and type, pipe support type in accordance with AS 3725 or AS 2032 as appropriate, pipeline road chainages, pipeline grade, hydraulic grade line and any other information necessary for the design and construction of the drainage system (i.e. utility services). f. Special details including non-standard pits, pit benching and transitions shall be provided on the drawings at scales appropriate to the type and complexity of the detail being shown. g. The drainage system layout plan shall be documented on a detailed features survey base that describes all existing structures, utility services, vegetation and other relevant features. h. The applicant shall undertake and bear all costs associated with the liaison, approval and relocation of any utility services. All correspondence and approvals between the applicant and utility authorities shall be provided to the Council in conjunction with engineering documentation for the stormwater drainage works. i. The works shall include any other necessary works to make the construction effective. Engineering plans assessment and inspections fee associated with this work are payable in accordance with Council's Management Plan prior to approval being issued by Council. 128. Boundary Levels. The levels of the street alignment shall be obtained from Council. These levels shall be incorporated into the design of the internal driveway, carparking areas, landscaping and stormwater drainage plans and must be obtained prior to the issue of the construction certificate. 129. Driveway Grades. The maximum grade of all internal driveways and vehicular ramps shall be 1 in 4 and in accordance with the relevant section of AS 2890.1. The maximum change of grade permitted is 1 in 8 (12.5%) for summit grade changes and 1 in 6.7 (15%) for sag grade changes. Any transition grades shall have a minimum length of 2.0m. The driveway design is to incorporate Council's issued footpath and gutter crossing levels where they are required as a condition of consent. 130. Car Parking. All internal driveways, vehicle turning areas, garage door opening and internal widths and parking space dimensions shall comply with AS 2890.1-2004. 131. On-Site Stormwater Detention. Stormwater runoff from all impervious areas shall be collected and piped by gravity flow to an on-site detention system in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management. The internal piped drainage, gutters and downpipes system shall be designed for a minimum 1 in 20 year average recurrence interval (A.R.I) storm event. Overland flow paths are to be provided to convey surcharge flows to the OSD system when the capacity of the internal drainage system is exceeded up to and including the 100 year A.R.I storm event. Where this cannot be achieved the internal piped drainage and gutters, downpipes system shall be designed for a minimum 1 in 100 year A.R.I. Runoff which enters the site from upstream properties should not be redirected in a manner which adversely affects adjoining properties. The system is to be cleaned regularly and maintained to the satisfaction of Ryde City Council. Detailed engineering plans prepared by a chartered civil engineer incorporating the above requirements are to be submitted with the Construction Certificate application. 132. Water Tank First Flush. A first flush mechanism is to be designed and constructed with the water tank system. Details of the first flush system are to be submitted with the construction certificate application. 133. Erosion and Sediment Control Plan. An Erosion and Sediment Control Plan (ESCP) shall be prepared by a suitably qualified consultant in accordance with the guidelines set out in the manual "Managing Urban Stormwater, Soils and Construction" prepared by the Department of Housing. These devices shall be maintained during the construction works and replaced where considered necessary. The following details are to be included in drawings accompanying the Erosion and Sediment Control Plan : (a) Existing and final contours (b) The location of all earthworks, including roads, areas of cut and fill (c) Location of all impervious areas (d) Location and design criteria of erosion and sediment control structures (e) Location and description of existing vegetation (f) Site access point/s and means of limiting material leaving the site (g) Location of proposed vegetated buffer strips (h) Location of critical areas (drainage lines, water bodies and unstable slopes) (i) Location of stockpiles (j) Means of diversion of uncontaminated upper catchment around disturbed areas. (k) Procedures for maintenance of erosion and sediment controls (l) Details for any staging of works (m) Details and procedures for dust control. Prior to Commencement of Construction 134. Sediment and Erosion Control. The applicant shall install appropriate sediment control devices in accordance with an approved plan prior to any earthworks being carried out on the site. These devices shall be maintained during the construction period and replaced where considered necessary. Suitable erosion control management procedures shall be practiced. This condition is imposed in order to protect downstream properties, Council's drainage system and natural watercourses from sediment build-up transferred by stormwater runoff from the site. 135. Compliance Certificate. A Compliance Certificate should be obtained confirming that the constructed erosion and sediment control measures comply with the construction plan and City of Ryde, Development Control Plan 2006: - Part 8.1; Construction Activities. 136. Vehicle Footpath Crossings. Concrete footpath crossings shall be constructed at all locations where vehicles cross the footpath, to protect it from damage resulting from the vehicle traffic. The location, design and construction shall conform to the requirements of Council. Crossings are to be constructed in plain reinforced concrete and finished levels shall conform with property alignment levels issued by Council's Public Works Division. Kerbs shall not be returned to the alignment line. Bridge and pipe crossings will not be permitted. 137. Preconstruction Meeting Prior to commencement on Council's infrastructure works, the applicant shall arrange for a preconstruction meeting with Council's engineer to discuss relevant aspects of the proposed works. A preconstruction meeting fee is payable in accordance with Council's Management plan. During Construction 138. Where applicable, construction inspections shall be required by Council's Coordinator – Asset Restorations for the Council stormwater drainage works at the following hold points: - a. Prior to the commencement of construction and following the set-out on site of the position of the drainage works to the levels shown on the approved drainage drawings. b. Upon excavation of trenches and for other drainage structures to the line, grade, widths and depths shown on the approved drainage drawings. c. Upon installation of bedding material. d. Upon installation of any pipe, culvert (include concrete slabs) and other drainage structures. e. Upon backfilling of excavated areas and prior to the construction of the final pavement surface. f. Upon the completion of all drainage works and prior to practical completion. Prior to Occupation Certificate 139. Footpath Construction. Concrete footpath paving shall be constructed along the entire frontage of the site to North Road and Ferrabetta Avenue at no cost to Council. The construction shall conform to levels issued by Council and in accordance with City of Ryde Environmental Standards - Development Criteria - 1999 Section 4 - Public Civil Works. 139A. Prior to the issue of an occupation certificate, the work approved under the section 138 approval referred to in deferred commencement condition 1 must be completed. 140. Compliance Certificates – Engineering. To ensure the development will be completed in accordance with approved plans, current specifications and applicable Australian and Council's standards the Principal Certifying Authority shall ensure the following will be met. · Compliance Certificate should be obtained from an accredited certifier Confirming that the constructed internal car park and associated drainage complies with AS 2890, the construction plan requirements and Ryde City Council's Environmental Standards Development Criteria - 1999. · Where applicable compliance Certificate should be obtained from an accredited certifier confirming that the constructed inter-allotment drainage system complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management · Compliance Certificate should be obtained from an accredited certifier confirming that the site drainage system (including the on-site detention storage system) servicing the development complies with the construction plan requirements and City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management · Compliance Certificate should be obtained to confirm that after completion of all construction work and landscaping, all areas adjacent the site, the site drainage system (including the on-site detention system), and the trunk drainage system immediately downstream of the subject site (next pit), have been cleaned of all sand, silt, old formwork, and other debris. · Compliance Certificate shall be obtained from Council confirming that all vehicular footway and gutter (layback) crossings are constructed in accordance with the construction plan requirements and Ryde City Council's Environmental Standards Development Criteria - 1999. · Compliance Certificate shall be obtained from Council confirming that all external works within the public road reserve including all restoration works have been completed to Council's satisfaction Please be advised that all Compliance Certificates issued by Council is subject to the payment of an inspection fee in accordance with Council's schedule of fees if Council is not the appointed Principal Certifying Authority [PCA] 141. Work-as-Executed Plan. To ensure stormwater drainage works are completed in accordance with approved plans, a Work-as-Executed plan for the site drainage system certified by a registered surveyor is to be submitted to the Principal certifying Authority and Council (If Council is not the appointed PCA) prior to issue of Occupation Certificate The W.A.E plans is to note all departures clearly in red on a copy of the approved Construction Certificate plans and certification from a qualified and experienced civil engineer should be submitted to support all variations from approved plan 142. On-Site Stormwater Detention System - Marker Plate. To ensure the constructed on-site detention will not be modified, a marker plate is to be fixed to each on-site detention system constructed on the site. The plate construction, wordings and installation shall be in accordance with City of Ryde, Development Control Plan 2006: - Part 8.2; Stormwater Management section 3.10. The plate may be purchased from Council's Customer Service Centre at Civic Centre, Devlin Street, RYDE. 143. Positive Covenant, OSD. The creation of a Positive Covenant under Section 88 of the Conveyancing Act 1919, burdening the property with the requirement to maintain the stormwater detention system on the property is required. The terms of the instruments are to be generally in accordance with the Council's draft terms of Section 88E instrument for Maintenance of Stormwater Detention Systems and to the satisfaction of Council. 144. Maintenance Bond. Where new public infrastructure works have been constructed and dedicated to Council a maintenance period of six (6) months shall apply to these completed works. The performance period shall commence from Council's Compliance Certificate issue date. The applicant shall be liable for any part of the work which fails to perform in a satisfactory manner as outlined in Council's standard specification. A bond in the form of a cash deposit or Bank Guarantee of $15000 shall be lodged with City of Ryde prior to issue of the Construction Certificate to guarantee this requirement will be met. The bond will only be refunded when the works are determined to be satisfactory to Council after the expiry of the six (6) months maintenance period. 145. Constructed Drainage Where a new Council's pipeline has been constructed, the Council shall be provided with an electronic closed circuit television report (CCTV report) prepared by an accredited operator that assesses the condition of the newly constructed drainage network, and any defects in the drainage network identified in the report shall be rectified to Council's satisfaction. 146. Works-As-Executed Drawings where applicable a W.A.E plan for the newly constructed Council's stormwater pipeline shall be submitted to and approved by Council. The Works-as-Executed Drawings shall be accompanied by a certificate from a suitably qualified engineer, certifying the drawings are a true and accurate representation of the constructed works. ______________________ G T Brown 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.