Land and Environment Court of New South Wales CITATION : Stathakis v Woollahra Municipal Council [2010] NSWLEC 1324 APPLICANT Mr Ross Stathakis PARTIES : RESPONDENT Woollahra Municipal Council FILE NUMBER(S) : 10425 of 2010 CORAM: Hussey C KEY ISSUES: DEVELOPMENT MODIFICATION :- Inclusion of roof top terrace; amenity impacts of noise; anti-social behaviour; loss of privacy. Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 Woollahra Local Environmental Policy 1995 DATES OF HEARING: 19 October 2010 & 17 November 2010 DATE OF JUDGMENT: 2 December 2010 APPLICANT Mr T Robertson (Senior Counsel) SOLICITOR Woolf & Associates LEGAL REPRESENTATIVES: RESPONDENT Mr J Merlino (Solicitor) SOLICITOR Lindsay Taylor Lawyers JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Hussey C 2 December 2010 Appeal No 10425 of 2010 Strathakis, R v Woollahra Municipal Council JUDGMENT Background. 1 This appeal was lodged against council's refusal of an application to modify a development consent to allow a roof top terrace for Unit 3 on an approved residential flat building (RFB) at 9 Military Road, Watsons Bay. The property contains an existing RFB that is to be demolished 2 The original development application proposed a roof top terrace but Condition C1, (f) required its deletion and restricted access to the roof for maintenance purposes only. 3 The modified roof terrace has been reduced in area, a timber extension to the rear deleted, a rooftop staircase housing has been deleted and the replacement of planting and some pebble finish in a recessive colour to reduce the bulk of the planter boxes. Consequently, the issues identified by council are summarised as follows: + Acoustic privacy. + Necessity and reasonableness. + Objections. 4 The appeal commenced by way of a s34 Conference. As there was no resolution, the parties agreed that the matter be determined by Hussey C. Following discussions between the parties, the proposed rooftop terrace layout was further amended to that shown in the DA 05 Issue F plan. The evidence 5 Expert reports were submitted by: + Mr N Juradowitch; Consulting planner for council, + Mr P Grech; Consulting planner for the applicant, + Mr A Simpson; Council's tree officer. + Mr G Atkins; Acoustic consultant for council, + Mr N Gross, Acoustic consultant for the applicant. 6 In addition to this, a number of residents were given the opportunity to express objections to the application. The objections concern: + The potential shading and loss of daylight due to the inclusion of the rooftop terrace. + Adverse noise impacts, + Likelihood of anti – social behaviour from the use the terrace, + Non – compliance with setback controls, + Excessive area of the terrace allowing large numbers of people on the terrace creating reduced amenity for neighbours. + Potential problems with the maintenance of the proposed plantings. 7 As a result of further conferencing between the parties, additional revisions were made to the proposed terrace configuration as shown in the Issue G plans (Attachment AA) and the associated landscape plan - Issue D (Attachment BB). These plans now propose: + A reduced 'active' front terrace area of approximately 5m x 8m, which is located adjacent to and oriented towards the street front boundary. + A defined, tapering width pathway from this area to the stairs. + The provision of plantings in the areas surrounding the front terrace and pathway. This incorporates planting buffers approximately 1m wide adjacent to the front terrace area to restrict potential overlooking and neighbour disamenity. + The rear, eastern part of the rooftop has restricted stepped access over a small parapet wall to a central stepping stone circuit to allow passive experience of the landscaping and access for maintenance. Sections of this roof area are to have a pebble finish around the perimeter, which should restrict any undue pedestrian activity and loss of amenity to neighbours. + The applicant has accepted that only low light intensity of this rear area is to be allowed so as to minimise night time use and potential amenity impacts from this area. 8 The planner's conferencing addressed the relevant planning controls including the Watsons Bay Heritage Conservation Area DCP (WBHCA), the Residential DCP and SEPP 65 in regard to the amenity issue. From this they agree that a roof terrace for unit 3 is a reasonable proposal, although by reference to other terraces, Mr Juradowitch considered a maximum area of 35 sq m appropriate for a private terrace. 9 Insofar as the final amendments restricting the useable areas were made, Mr Juradowitch still considers there would be potential for large gatherings and prefers the imposition of conditions restricting the number of terrace users and a time limit of restricting use from 10pm to 7am, apart from a limited number (up to 4/year) of 'special events'. 10 An associated component of the amenity impacts concerns the acoustic issue. Noise modelling was initially undertaken at the site and predictions made about potential noise levels arising from the terrace use. A particular concern raised by Mr Atkins related to noise arising from people congregating towards the rear of the terrace (Area B) and potentially causing disturbance to neighbours. 11 However, following the subsequent amendments restricting congregation locations that are likely to impact on the neighbours, it is apparent from the acoustic experts evidence that compliance with the proposed conditions of consent should result in an acceptable acoustic environment. 12 In this regard, I have considered the applicant's alternative time restriction condition, which is from 12pm to 7am on any day that is not a special day. In the circumstances, I think that the council's finish time of 10pm is unduly restrictive and the times proposed by the applicant reasonable to impose. Whilst it will be an attractive area, I think it is a reasonable assumption that it will be used on a "good neighbour basis" so that the resultant amenity should be acceptable. In this regard, I note that there are other outdoor entertaining areas in this neighbourhood. If however anti – social behaviour is created, the provisions of the Protection of the Environment Operations Act 1997 are available. Conclusions 13 Having carefully considered the evidence, the submissions and undertaken a view, I am satisfied that this modification application merits consent. During the appeal further amendments were made which significantly reduce the area of the front "active" part of the terrace, together with restrictions on general pedestrian access to the rear part. This includes low level lighting and a limited width path to limit night – time use. 14 In terms of the consideration of the modification application, I am satisfied that it relates to the same development and that the objectors were notified and their concerns, which are substantially consistent with the council's issues, considered. 15 In the first instance, I rely on the planner's agreement that a roof terrace of the form proposed is permissible in this area. Insofar as concerns were raised about potential amenity impacts, I am satisfied that the revised and reduced effective size of the terrace should result in acceptable amenity. 16 The principal active area is located at the front of the building and is primarily oriented towards the street. This orientation affords attractive westerly views towards the city and harbour as compared to any secondary viewing towards the neighbouring properties, thereby minimising impacts, in my assessment. 17 The front terrace now incorporates internal planters along the sidewalls to prevent overlooking towards neighbours and I am satisfied this matter is now addressed. The amount and type of low planting in the rear "passive" area also restricts pedestrian access and should not impact on the solar and privacy amenity of neighbouring units, according to the evidence of the planners, on which I rely. 18 Insofar as there was some disagreement about the separation of the rear part whereby Mr Juradowitch preferred the retention of the glass wall from the water feature and the inclusion of a gate, I do not consider this reasonable in the circumstances. The steps over the parapet walls and reduced landing area restrict access to this area. As the proposed gate could be propped open and cause an additional noise source, I do not consider it is warranted. 19 The other significant issue concerns potential noise impacts arising primarily from the night time use of the terrace. The particular concern identified by the acoustic experts related to congregation in the rear part of the terrace. But this situation has been substantially addressed in my assessment by the redesign that includes the non – trafficable landscaped area, comprising the revised species suggested by Mr Simpson that restricts access. Also, the low intensity lighting of this area should restrict adverse amenity from this area. 20 Taking into consideration the context of this rooftop terrace and its access through the unit, I am satisfied that its general usage should result in a reasonable balance of amenity for the occupants and neighbours. Court orders 21 The Court orders that: 1 The appeal is upheld. 2 The s96 modification to allow the construction and use of a rooftop terrace at 9 Military Road, Watsons Bay is approved subject to the conditions in Annexure A. 3 The exhibits may be returned except 4, 5, 12 and A. R Hussey Commissioner of the Court Annexure "A" Conditions of Consent For the property know as 9 Military Road WATSONS BAY For demolition of existing residential flat building & construction of new 3 unit apartment building with underground carparking, landscaping and siteworks A. General Conditions A.1 Conditions Consent is granted subject to the following conditions imposed pursuant to section 80 of the Environmental Planning & Assessment Act 1979 ("the Act ") and the provisions of the Environmental Planning and Assessment Regulation 2000 ("the Regulation ") such conditions being reasonable and relevant to the development as assessed pursuant to section 79C of the Act. Standard Condition: A1 A.2 Definitions Unless specified otherwise words have the same meaning as defined by the Act , the Regulation and the Interpretation Act 1987 as in force at the date of consent. Applicant means the applicant for this Consent. Approved Plans mean the plans endorsed by Council referenced by this consent as amended by conditions of this consent. AS or AS/NZS means Australian Standard ® or Australian/New Zealand Standard ®, respectively, published by Standards Australia International Limited. BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate . Council means Woollahra Municipal Council Court means the Land and Environment Court Local native plants means species of native plant endemic to Sydney's eastern suburbs (see the brochure titled "Local Native Plants for Sydney's Eastern Suburbs published by the Southern Sydney Regional Organisation of Councils). Stormwater Drainage System means all works, facilities and documentation relating to: o The collection of stormwater, o The retention of stormwater, o The reuse of stormwater, o The detention of stormwater, o The controlled release of stormwater; and o Connections to easements and public stormwater systems. Owner means the owner of the site and successors in title to the site . Owner Builder has the same meaning as in the Home Building Act 1989. PCA means the Principal Certifying Authority under the Act . Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed Principal Contractor means the owner of the land being developed. Professional Engineer has the same meaning as in the BCA. Public Place has the same meaning as in the Local Government Act 1993. Road has the same mean as in the Roads Act 1993. SEE means the final version of the Statement of Environmental Effects lodged by the Applicant. Site means the land being developed subject to this consent. WLEP 1995 means Woollahra Local Environmental Plan 1995 Work for the purposes of this consent means: o the use of land in connection with development, o the subdivision of land, o the erection of a building, o the carrying out of any work, o the use of any site crane, machine, article, material, or thing, o the storage of waste, materials, site crane, machine, article, material, or thing, o the demolition of a building, o the piling, piering, cutting, boring, drilling, rock breaking, rock sawing or excavation of land, o the delivery to or removal from the site of any machine, article, material, or thing, or o the occupation of the site by any person unless authorised by an occupation certificate. Note : Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council. Standard Condition: A2 A.3 Approved Plans and supporting documents Those with the benefit of this consent must carry out all work and maintain the use and works in accordance with the plans and supporting documents listed below as submitted by the Applicant and to which is affixed a Council stamp "Approved DA Plans" unless modified by any following condition. Where the plans relate to alterations or additions only those works shown in colour or highlighted are approved. Reference Description Author/Drawn Date(s) DA.02 Issue D Architectural Plans Zoltan Kovacs Architect 03/09 DA.03 Issue C DA.04 Issue E DA.06 Issue D Architectural Plans Zoltan Kovacs Architect 03/10 DA.07 Issue E *DA. 05 Issue G Architectural Plan Zoltan Kovacs Architect 11/10 194096M BASIX Certificate Department of Planning 14.05.08 Plant by Plant Revised Plan Issue A Landscape Plan Tracey Plant dated not supplied. *Landscape Plan Issue D Landscape Plan Tracey Plant 10/10 Driveway Profiles Zoltan Kovacs Architect 03/09 22077ZRrpt Geotechnical Report Jeffery and Katauskas P/L 15/05/2008 STW01-04 Stormwater Management Plan Brian O'Mara & Partners 15/05/2008 (*) Modified by Land and Environment Court of New South Wales 2 December 2010 Note: Warning to Accredited Certifiers – You should always insist on sighting the original Council stamped approved plans. You should not rely solely upon the plan reference numbers in this condition. Should the applicant not be able to provide you with the original copy Council will provide you with access to its files so you may review our original copy of the approved plan. Note: These plans and supporting documentation may be subject to conditions imposed under section 80A(1)(g) of the Act modifying or amending the development (refer to conditions which must be satisfied prior to the issue of any Construction Certificate .) Standard Condition: A5 A.4 Ancillary Aspect of the Development (s80A(2) of the Act) The owner must procure the repair, replacement or rebuilding of all road pavement, kerb, gutter, footway, footpaths adjoining the site or damaged as a result of work under this consent or as a consequence of work under this consent. Such work must be undertaken to Council's satisfaction in accordance with Council's "Specification for Roadworks, Drainage and Miscellaneous Works" dated January 2003 unless expressly provided otherwise by these conditions at the owner's expense. Note : This condition does not affect the principal contractor's or any sub-contractors obligations to protect and preserve public infrastructure from damage or affect their liability for any damage that occurs . Standard Condition: A8 A.5 Prescribed Conditions Prescribed conditions in force under the Act and Regulation must be complied with. Note : It is the responsibility of those acting with the benefit of this consent to comply with all prescribed conditions under the Act and the Regulation . Free access can be obtained to all NSW legislation at www.legislation.nsw.gov.au Standard Condition: A30 B. Conditions which must be satisfied prior to the demolition of any building or construction B.1 Construction Certificate required prior to any demolition Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. This includes, but is not limited to, the issue of a Construction Certificate, appointment of a PCA and Notice of Commencement under the Act. Note : See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125. Standard Condition: B1 B.2 Recording of significant or contributory buildings prior to any demolition An archival record of the building and landscape elements to be demolished is to be submitted, to the satisfaction of Council's heritage officer, prior to the commencement of the demolition work and prior to the issue of a Construction certificate. The archival record is to be completed by a heritage consultant listed by the NSW Heritage Office or by another suitably qualified consultant who must demonstrate a working knowledge of archival principles. The archival record is to be bound in an A4 format, with drawings folded to suit and is to include the following: a. A copy of the final heritage report submitted with the development application, b. A site plan at a scale of 1:200 (or 1:500 if appropriate) of all structures and major landscape elements including their relationship to the street and adjoining properties; floor plans at scale of 1:100; postcard sized photographs of: i. each elevation; ii. each structure and landscape feature and significant parts of the property as defined in the submitted statement of significance; iii. views to the subject property from each street and laneway or public space; and iv. external and internal details as nominated in the assessment report by Council's heritage officer. c. Each photograph to be mounted, labelled and cross-referenced in accordance with recognised archival recording practice. d. The original, coloured, photographic set and one coloured photocopy are to be submitted to the satisfaction of Council's heritage officer prior to the commencement of demolition work and prior to the issue of a construction certificate. The original will be retained by Council and the coloured photocopy will be provided to the Woollahra Local History Library. Standard Condition: B3 B.3 Establishment of Tree Protection Zones To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements; a) Tree Protection Zone areas Council Reference No: Species Location Radius from Trunk (metres)* 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Road Watsons Bay 1.75 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay 2.25 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 1.5 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most western specimen 1.5 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Rd Watsons Bay 2 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 2.5 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay 1.75 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 1.5 *NB: Where this condition relates to street trees and the fence cannot be placed at the specified radius, the fencing is to be positioned so that the entire verge (nature strip) area in front of the subject property, excluding existing driveways and footpaths, is protected. b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works (Figure 1). c) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist. d) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone. e) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels. f) The storage of materials, stockpiling, siting of works sheds, preparation of mixes, cleaning of tools or equipment is not permitted within Tree Protection Zones. Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction. Standard Condition: B5 B.4 Permissible work within Tree Protection Zones In accordance with British Standard BS5837, one incursion no greater than 20% of a trees calculated Tree Protection Zone is considered allowable provided the tree is a healthy and vigorous specimen. Upon completion of approved works within the Tree Protection Zone, the specified Tree Protection Zone fencing must end either side of the allowable incursion. The table below provides a radius distance from the centre of the trunk of existing trees whereby the following incursions are permissible: a) Permissible Work within Tree Protection Zones Council Reference No: Species Location Radius from Trunk(metres) Approved works within incursion 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Road Watsons Bay 1.75 Approved landscaping 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Road Watsons Bay 2.25 Approved landscaping 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Road Watsons Bay most eastern specimen 1.5 Approved landscaping 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Road Watsons Bay most western specimen 1.5 Approved landscaping 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Road Watsons Bay 2 Approved landscaping 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Road Watsons Bay most eastern specimen 2.5 Approved landscaping 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Road Watsons Bay 1.75 Proposed pedestrian access path 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Road Watsons Bay 1.5 Proposed pedestrian access path b) Where excavation is undertaken within a specified Tree Protection Zone, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone. c) To prevent damage to roots and compaction within the Tree Protection Zone of specified trees, excavation must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). All root pruning must be undertaken in accordance with the Australian Standard 4373 "Pruning of Amenity Trees" and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed. C. Conditions which must be satisfied prior to the issue of any construction certificate C.1 Modification of details of the development (s80A(1)(g) of the Act) The approved plans and the Construction Certificate plans and specification, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation , must detail the following amendments: a. Pumps are only permitted to remove water that enter the carpark from the driveway surface and water reuse. The pumping of subsurface or groundwater is not permitted. b. The basement carpark is to be tanked to prevent the entry of groundwater. c. To ensure the proposed excavation works do not encroach upon the 2.5m tree protection zone of the Coastal She Oak located on the adjoining property 7 Military Road Watsons Bay adjacent to the southern boundary of the subject site, the southern side wall to the visitor car parking space of the car park floor plan level shall be set back a minimum of 2.5m from the Coastal She Oak tree (measured from the centre of the tree). The visitor carparking space may extended to the north to provide a 3m wide car parking space. Furthermore at ground floor level the southern side wall to bedroom 2 shall be setback a minimum of 2.5m from the Coastal She Oak tree (measured from the centre of the tree). No excavations for the proposed car park and ground floor plan shall occur within the Coastal She-oak critical root zone. d. To ensure a satisfactory level of visual privacy is maintained to the neighbouring properties, the level 2 windows to bedrooms 3 and 4 and the level 3 windows to bedrooms 3 and 4 to the northern elevation shall be glazed with translucent glass and fixed shut to a height of 1.7m. e. As no details have been provided for any side or rear fence no approval is provided for the construction of any side or rear boundary fences. f. Deleted. g. To ensure a satisfactory visual impact when viewed from the public domain and to protect the amenity of the neighbouring properties, any furniture, sunshades or the like which exceed a height of 1000 mm above the finished floor level of the roof terrace are to be removed from the roof terrace or dismantled so as not to exceed a height of 1000mm above the finished floor level of the roof terrace when they are not in use. h. To ensure a satisfactory level of acoustic and visual privacy is maintained to the neighbouring properties, the landscaped area at the rear of the roof terrace shall be accessed only for maintenance purposes or for passive recreation purposes only. Any access on the landscaped area must be limited to stepping stones and must be set back a minimum of 3000 mm from the roof edge as shown in the approved landscape plan. i. Modified by Land and Environment Court of New South Wales 2 December 2010 A glass balustrade 600mm high is to be provided on the small parapet wall between the roof top water feature and the northern edge of the steps from the trafficable areas and the landscaped areas on the roof terrace. The edges of the landscaped area at the eastern and southern edges that adjoin the rear trafficable area are to be planted with species that deter access over the small parapet wall. j. To protect the subject building from stormwater damage, the landing at the bottom of the roof access stairs in Unit 3 shall have a continuous grated stainless steel perimeter drain of at least 100 mm in width. The drain shall be connected to the external stormwater drainage system by a suspended drain pipe enclosed in fire rated boxing and concealed in the ceiling space of Unit 2. The landing shall have adequate falls to the perimeter drain to facilitate fast surface run-off and to prevent ponding. k. To ensure that any potential for view obstruction is avoided, no structures or facilities exceeding a height of 1000 mm above the finished floor level of the roof terrace shall be erected or installed on the roof terrace. l. Plantings within the proposed planters shall not exceed a height of 1000mm above the finished floor level of the roof terrace. m. The roof top water feature must not be used for swimming or as a splash pool, spa or other water based recreational activity and is to have a maximum depth of 300 mm. n. The roof terrace shall not be used between the following hours: o 12.00pm and 7am, on any day which is not a special day, o 1.00am and 7am, on a special day such as New Years day but limited to no more than 6 special days per year. o. Amplified music or other noise generating equipment is prohibited on the roof terrace between 9pm and 8am. p. Glass balustrades not exceeding 1000 mm above the finished floor level of the roof terrace shall be erected around the landscaped area on the rear of the roof. Those balustrades must be set back at least 1000mm from the edge of the roof. Note : The effect of this condition is that it requires design changes and/or further information to be provided with the Construction Certificate drawings and specifications to address specific issues identified during assessment under section 79C of the Act . Note : Clause 146 of the Regulation prohibits the issue of any Construction Certificate subject to this condition unless the Certifying Authority is satisfied that the condition has been complied with. Note : Clause 145 of the Regulation prohibits the issue of any Construction Certificate that is inconsistent with this consent. Standard Condition: C4 C.2 Payment of Security, Levies and Fees (S80A(6) & S94 of the Act, Section 608 of the Local Government Act 1993) The certifying authority must not issue any Part 4A Certificate until provided with the original receipt(s) for the payment of all of the following levy, security, contributions, and fees prior to the issue of a construction certificate , subdivision certificate or occupation certificate , as will apply. Description Amount Indexed Council Fee Code LONG SERVICE LEVY under Building and Construction Industry Long Service Payments Act 1986 Long Service Levy Contact LSL No http://www.lspc.nsw.gov.au/levy_information/?levy_information/levy_calculator.stm Corporation or use online calculator SECURITY under section 80A(6) of the Environmental Planning and Assessment Act 1979 Property Damage Security Deposit -making good any damage caused to any property of the Council $36,000.00 No T115 DEVELOPMENT LEVY under Woollahra Section 94A Development Contributions Plan 2005 This plan may be inspected at Woollahra Council or downloaded at www.woollahra.nsw.gov.au . Development Levy (Section 94A) $17,000.00 Yes, quarterly T96 + Index Amount INSPECTION FEES under Section 608 of the Local Government Act 1993 Public Road/Footpath Infrastructure Inspection Fee $363.25 No Security Administration Fee $168.00 No T16 TOTAL SECURITY, CONTRIBUTIONS, LEVIES AND FEES $53,531.25 plus any relevant indexed amounts and long service levy Building and Construction Industry Long Service Payment The Long Service Levy under Section 34 of the Building and Construction Industry Long Service Payment Act , 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate . The Levy can be paid directly to the Long Services Payments Corporation or to Council. Further information can be obtained from the Long Service Payments Corporation's website http://www.lspc.nsw.gov.au/ or the Long Service Payments Corporation on 13 14 41. How must the payments be made? Payments must be made by: o Cash deposit with Council, o Credit card payment with Council, or o Bank cheque made payable to Woollahra Municipal Council. The payment of a security may be made by a bank guarantee where: o The guarantee is by an Australian bank for the amount of the total outstanding contribution; o The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first; o The bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and o The bank's obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required. How will the section 94A levy be indexed? To ensure that the value the development levy is not eroded over time by increases in costs, the proposed cost of carrying out development (from which the development levy is calculated) will be indexed either annually or quarterly (see table above). Clause 3.13 of the Woollahra Section 94A Development Contributions Plan 2005 sets out the formula and index to be used in adjusting the s.94A levy. Do you need HELP indexing the levy? Please contact our customer service officers. Failure to correctly calculate the adjusted the development levy will delay the issue of any Part 4A Certificate and could void any Part 4A Certificate (construction certificate, subdivision certificate, or occupation certificate). Deferred periodic payment of section 94A levy under the Woollahra Section 94A Development Contributions Plan 2005 Where the applicant makes a written request supported by reasons for payment of the section 94A levy other than as required by clause 3.9, the Council may accept deferred or periodic payment. The decision to accept a deferred or periodic payment is at the sole discretion of the Council, which will consider: o The reasons given; o Whether any prejudice will be caused to the community deriving benefit from the public facilities; o Whether any prejudice will be caused to the efficacy and operation of this plan; and o Whether the provision of public facilities in accordance with the adopted works schedule will be adversely affected. Council may, as a condition of accepting deferred or periodic payment, require the provision of a bank guarantee where: o The guarantee is by an Australian bank for the amount of the total outstanding contribution; o The bank unconditionally agrees to pay the guaranteed sum to the Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first; o The bank agrees to pay the guaranteed sum without reference to the applicant or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to the development consent or the carrying out of development in accordance with the development consent; and o The bank's obligations are discharged when payment to the Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required. Any deferred or outstanding component of the section 94A levy will be adjusted in accordance with clause 3.13 of the plan. The applicant will be required to pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid. Standard Condition: C5 C.3 BASIX commitments The applicant must submit to the Certifying Authority BASIX Certificate No. 194096M with any application for a Construction Certificate . Note : Where there is any proposed change in the BASIX commitments the applicant must submit of a new BASIX Certificate to the Certifying Authority and Council. If any proposed change in the BASIX commitments are inconsistent with development consent (See: Clauses 145 and 146 of the Regulation ) the applicant will be required to submit an amended development application to Council pursuant to section 96 of the Act. All commitments in the BASIX Certificate must be shown on the Construc tion Certificate plans and specifications prior to the issue of any Construction Certificate . Note : Clause 145(1)(a1) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a construction certificate for building work unless it is satisfied of the following matters: (a1) that the plans and specifications for the building include such matters as each relevant BASIX certificate requires," Standard Condition: C7 C.4 Road and Public Domain Works – Council approval required This development consent does NOT give approval to works or structures over, on or under public roads or footpaths excluding minor works subject to separate Road Opening Permit. Detailed plans and specifications of all works (including but not limited to structures, road works, driveway crossings, footpaths and stormwater drainage) within existing roads, must be submitted to Council's Development Engineer and approved by Council under the Roads Act 1993, before the issue of any Construction Certificate . To accommodate this requirement, the following infrastructure works must be carried out on Council property at the Applicants expense: Road & Footpath o Full width vehicular crossings having a width of 3.5m including new layback and gutter in accordance with Council's standard drawing RF2. o Removal and replacement of the existing footpath with approved pavers for the full width of the property in accordance with Council's standard drawing RF3. o Removal of all driveway crossings and kerb laybacks which will be no longer required and replacement with standard K&G in accordance with Council's standard drawing RF3 o Reinstatement of footpath, kerb and gutter to match existing. Drainage * Connection to the existing Council pit at the northern side of the property.. * The developer shall be responsible for carrying out any service investigations to allow a gravity connection. Bond o A bond of $26,500 will be used as security to ensure the satisfactory completion of the infrastructure works. The security or bank guarantee must be the original and not have an expiry date. o Council may use all or part of the Infrastructure Bond as well as the Property Damage Security Deposit to meet the cost of removing or completing the works if they do not meet Council's requirements. o The Bond may also be used as contribution to paving works if they cannot be completed prior to occupation o The Deposit/Bond will not be released until Council has inspected the site and is satisfied that the Works have been completed in accordance with Council approved drawings and to Council requirements An "Application to carry out works in a Public Road" form (available from Councils web-site http://www.woollahra.nsw.gov.au ) must be completed and lodged, with the Application fee, at Councils Customer Services counter. Detailed engineering plans and specifications of the works required by this Condition must accompany the Application form. The plans must clearly show the following: * Engineering drawings (plan, sections and elevation views) and specifications of the footpath, driveways, kerb & gutter, pits etc showing clearly the connection point of site outlet pipe(s The design of the works must be in accordance with Council's Draft Stormwater Drainage Management DCP (Draft Version 1, Public Exhibition Copy dated 23/08/2004) available from Council's website www.woollahra.nsw.gov.au . Four weeks should be allowed for assessment. Access levels and grades to and within the development must match access levels and grades within the road approved under the Roads Act 1993. All public domain design and construction works must comply with Council's " Specification for Roadworks, Drainage and Miscellaneous Works " dated January 2003 unless expressly provided otherwise by these conditions. This specification can be downloaded from www.woollahra.nsw.gov.au . Note: To ensure that this work is completed to Council's satisfaction, this consent by separate condition, may impose one or more Infrastructure Works Bonds. Note : F our (4) weeks is to be allowed for the Roads Act assessment Note : Road has the same meaning as in the Roads Act 1993. Note : The intent of this condition is that the design of the road, footpaths, driveway crossings and public stormwater drainage works must be detailed and approved prior to the issue of any Construction Certificate . Changes in levels may arise from the detailed design of buildings, road, footpath, driveway crossing grades and stormwater. Changes required under Road Act 1993 approvals may necessitate design and levels changes under this consent. This may in turn require the applicant to seek to amend this consent. Standard Condition: C13 C.5 Waste Storage - Residential Units (up to 4 units) The Construction Certificate plans and specifications required by Clause 139 of the Regulation, must make provision for: a) The storage of waste and recycling bins behind the building line or within non-habitable areas of the building as close as possible to the service road collection point, b) A path for wheeling bins between the waste and recycling storage area and the collection point free of steps and kerbs and having a maximum grade of 1:8. Standard Condition: C16 C.6 Utility Services Generally The Construction Certificate plans and specifications, required by clause 139 of the Regulation , must demonstrate that all utility services (telecommunications, electricity, gas, water and waste water) will be provided underground. All service ducts, pipes and conduits must be provided within the fabric of the building (excluding stormwater down pipes). Where telecommunications and electricity are provided from existing poles in the road they must, in accordance with the relevant suppliers' requirements, be carried to the site underground directly to the main switch board within the fabric of the building. Note : Where adequate provision has not been made for an electrical sub-station within the building, this may necessitate the lodgement of an application to amend this consent under section 96 of the Act to detail the location, landscape/streetscape impacts and compliance with AS2890 as applicable. The location of service poles and substations required by the relevant suppliers must be shown upon the plans submitted with any Construction Certificate application together with a letter from each relevant supplier setting out their requirements. Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building unless expressly shown upon the approved DA plans. Details confirming compliance with this condition must be shown on the Construction Certificate plans and/or detailed within the Construction Certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on the Construction Certificate plans. Note : The intent of this condition is that the design quality of the development must not be compromised by cables, pipes, conduits, ducts, plant, equipment, electricity substations or the like placed such that they are visible from any adjoining public place. They must be contained within the building unless shown otherwise by the approved development consent plans. The Construction Certificate plans and specifications, required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation, must detail the replacement of all private sewer pipes between all sanitary fixtures and Sydney Waters sewer main where they are not found by inspection to be UPVC or copper with continuously welded joints. Note : This condition has been imposed to ensure that where private sewer pipes are old, may leak or may be subject to root invasion (whether from existing or proposed private or public landscaping) that existing cast iron, concrete, earthenware or terracotta pipes be replaced with new UPVC or copper continuously welded pipes between all sanitary fixtures and Sydney Waters sewer main, such that clause 25(1) of WLEP 1995 be satisfied. Further, leaking sewer pipes are a potential source of water pollution, unsafe and unhealthy conditions which must be remedied in the public interest Standard Condition: C20 C.7 Soil and Water Management Plan – Submission & Approval The principal contractor or owner builder must submit to the Certifying Authority a soil and water management plan complying with: a. " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and b. " Managing Urban Stormwater - Soils and Construction " published by the NSW Department of Housing 4th Edition" ( 'The Blue Book' ). Where there is any conflict The Blue Book takes precedence. The Certifying Authority must be satisfied that the soil and water management plan complies with the publications above prior to issuing any Construction Certificate . Note : This condition has been imposed to eliminate potential water pollution and dust nuisance. Note : The International Erosion Control Association – Australasia http://www.austieca.com.au/ lists consultant experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these plans. Note : The " Do it Right On Site, Soil and Water Management for the Construction Industry " publications can be down loaded free of charge from http://www.woollahra.nsw.gov.au/ . Note : Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may satisfied as to this matter. Standard Condition: C25 C.8 Tree Management Details The Construction Certificate plans and specifications required by clause 139 of the Regulation must, show the following information; a. trees to be numbered in accordance with these conditions, b. shaded green where required to be protected and retained, c. shaded yellow where required to be transplanted, d. shaded blue where required to be pruned, e. shaded red where authorised to be removed and, f. references to applicable tree management plan, arborists report, transplant method statement or bush regeneration management plan. Standard Condition: C30 C.9 Professional Engineering Details The Construction Certificate plans and specifications, required by clause 139 of the Regulation, must include detailed professional engineering plans and/or specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation. Detailed professional engineering plans and/or specifications must be submitted to the Certifying Authority with the application for any Construction Certificate . Note: This does not affect the right of the developer to seek staged Construction Certificates. Standard Condition: C36 C.10 Geotechnical and Hydrogeological Design, Certification & Monitoring The Construction Certificate plans and specification required to be submitted to the Certifying Authority pursuant to clause 139 of the Regulation must be accompanied by a Geotechnical / Hydrogeological Monitoring Program together with civil and structural engineering details for foundation retaining walls, footings, basement tanking, and subsoil drainage systems, as applicable, prepared by a professional engineer, who is suitably qualified and experienced in geotechnical and hydrogeological engineering. These details must be certified by the professional engineer to: a) Provide appropriate support and retention to ensure there will be no ground settlement or movement, during excavation or after construction, sufficient to cause an adverse impact on adjoining property or public infrastructure. b) Provide appropriate support and retention to ensure there will be no adverse impact on surrounding property or infrastructure as a result of changes in local hydrogeology (behaviour of groundwater). c) Provide foundation tanking prior to excavation such that any temporary changes to the groundwater level, during construction, will be kept within the historical range of natural groundwater fluctuations. Where the historical range of natural groundwater fluctuations is unknown, the design must demonstrate that changes in the level of the natural water table, due to construction, will not exceed 0.3m at any time. d) Provide tanking of all below ground structures to prevent the entry of all ground water such that they are fully tanked and no on-going dewatering of the site is required. e) Provide a Geotechnical and Hydrogeological Monitoring Program that: - Will detect any settlement associated with temporary and permanent works and structures; - Will detect deflection or movement of temporary and permanent retaining structures (foundation walls, shoring bracing or the like); - Will detect vibration in accordance with AS 2187.2-1993 Appendix J including acceptable velocity of vibration (peak particle velocity); - Will detect groundwater changes calibrated against natural groundwater variations; - Details the location and type of monitoring systems to be utilised; - Details the preset acceptable limits for peak particle velocity and ground water fluctuations; - Details recommended hold points to allow for the inspection and certification of geotechnical and hydro-geological measures by the professional engineer; and; - Details a contingency plan. Standard Condition: C40 C.11 Stormwater Management Plan (site >500m²) The Construction Certificate plans and specifications, required by clause 139 of the Regulation , must include a Stormwater Management Plan for the site. The Stormwater Management Plan must detail: a. general design in accordance with Brian O'Mara & Partners drawings STW-01 – STW-04 dated 15 May 2008 other than amended by this and other conditions; b. pumps are only permitted to remove water that enters the carpark from the driveway surface and water reuse. The pumping of subsurface or groundwater is not permitted. c. the discharge of stormwater, by direct connection, to Councils stormwater drainage pit adjacent to the development in Military Road; d. compliance the objectives and performance requirements of the BCA; e. any rainwater tank required by BASIX commitments including their overflow connection to the Stormwater Drainage System , and f. general compliance with the Council's draft Development Control Plan Stormwater Drainage Management (draft version 1, public exhibition copy dated 23 August 2004), and g. on-site stormwater detention ("OSD'). OSD Requirements The minimum (OSD) Site Storage Requirements ("SSR") and the Peak Site Discharge ("PSD") from the site must be in accordance with the following minimum storage/discharge relationships based upon a 1000m 2 site area: Average Reoccurrence Interval PSD L/s Minimum Site Storage Requirement (SSR) m³ 2 year 23.5 L/s 4m³ 25m³ – Dwelling House 100 year 34 L/s 27m³ – Residential Flat Building 29m³ – Other Development All values based on per 1000m² site area (interpolate to site area). Where a rainwater tank is proposed in conjunction with OSD, the volume of the rainwater tank may contribute to the SSR as follows: o Where the rainwater tank is used for external uses only, 40% of the rainwater tank volume to a maximum of 4m³ , or o Where the rainwater tank is used for external and internal uses, 75% of the rainwater tank volume to a maximum of 7.5m³. Example : The Site Storage Requirements may be 25,000 litres and a 10,000 litre rainwater tank is to be used for garden irrigation. Therefore, the rainwater tank contributes 4,000 litres toward SSR. Therefore, the OSD tank needs to be 21,000 litres (25,000 litres less the 4,000 litres allowance). Note: 1m³ = 1,000 litres. The Stormwater Management Plan must include the following specific requirements: Layout plan A detailed drainage plan at a scale of 1:100 based on drainage calculations prepared in accordance with the Institute of Engineers Australia publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof. It must include: o All pipe layouts, dimensions, grades, lengths and material specification, o Location of On-Site Detention, o All invert levels reduced to Australian Height Datum (AHD), o Location and dimensions of all drainage pits, o Point and method of connection to Councils drainage infrastructure, and o Overland flow paths over impervious areas. On-site Detention (OSD) details : o Any potential conflict between existing and proposed trees and vegetation, o Internal dimensions and volume of the proposed detention storage, o Diameter of the outlet to the proposed detention storage basin, o Plans, elevations and sections showing the detention storage basin invert level, centre-line level of outlet, top water level, finished surface level and adjacent structures, o Details of access and maintenance facilities, o Construction and structural details of all tanks and pits and/or manufacturer's specifications for proprietary products, o Details of the emergency overland flow-path (to an approved Council drainage point) in the event of a blockage to the on-site detention system, o Non-removable fixing details for orifice plates where used, Copies of certificates of title, showing the creation of private easements to drain water by gravity, if required. Subsoil Drainage - Subsoil drainage details, clean out points, discharge point. Note: This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable manner. Standard Condition: C.51 (Autotext CC51) D. Conditions which must be satisfied prior to the commencement of any development work D.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to a development consent for development that involves any building work: a) that the work must be carried out in accordance with the requirements of the Building Code of Australia, b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This condition does not apply: a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), b) to the erection of a temporary building. In this condition, a reference to the BCA is a reference to that code as in force on the date the application for the relevant construction certificate is made. Note : This condition must be satisfied prior to commencement of any work in relation to the contract of insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the Building Code of Australia. Standard Condition: D1 D.2 Dilapidation Reports for existing Buildings Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely "zone of influence" of any excavation, dewatering and/or construction induced vibration. These properties must include (but is not limited to): a) 11 Military Road b) 7 Military Road, c) 3 Military Road, d) 6 Gap Road e) 7 Gap Road, and f) 7 A Gap Road. The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work . Where excavation of the site will extend below the level of any immediately adjoining building the principal contractor or owner builder must give the adjoining building owner(s) a copy of the dilapidation report for their building(s) and a copy of the notice of commencement required by s81A(2) of the Act not less than two (2) days prior to the commencement of any work. Standard Condition: D4 (Autotext DD4) D.3 Adjoining buildings founded on loose foundation materials The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose foundation materials being affected by piling, piers or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer . Note : A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to ensure that appropriate underpinning and support to adjoining land is maintained prior to commencement may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919. Standard Condition: D6 D.4 Piezometers for the monitoring of Ground Water Levels (GWL) The principal contractor must be provide piezometers within the excavation area and a further piezometers around the perimeter of the wall. The piezometers are to be installed to monitor groundwater levels before and during all dewatering works for the construction phase. The Ground Water Levels monitoring wells and monitoring program must be maintained until the issue of the Final Occupation Certificate . Ground Water Levels are to be regularly monitored during the course of the works as required by the Work Method Statement for the control of Ground Water Levels. Any damaged piezometers are to be replaced to allow uninterrupted monitoring. Where there are any movements in the Ground Water Levels outside a safe range set by the Work Method Statement for the control of Ground Water Levels corrective action must be undertaken under the direction of the professional engineer (hydrological/geotechnical engineer). Standard Condition: D7 D.5 Establishment of Tree Protection Zones To limit the potential for damage to trees to be retained, Tree Protection Zones are to be established around all trees to be retained on site. The Tree Protection Zones are to comply with the following requirements; a) Tree Protection Zone areas Council Reference No: Species Location Radius from Trunk (metres)* 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Rd Watsons Bay 1.75 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay 2.25 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 1.5 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most western specimen 1.5 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Rd Watsons Bay 2 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 2.5 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay 1.75 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 1.5 b) Tree Protection Zones are to be fenced with a 1.8 metre high chainmesh or weldmesh fence to minimise disturbance to existing ground conditions. The area within the fence must be mulched, to a depth of 75mm, irrigated and maintained for the duration of the construction works. c) A sign must be erected on each side of the fence indicating the existence of a Tree Protection Zone and providing the contact details of the site Arborist. d) Existing soil levels must be maintained within Tree Protection Zones. Where excavation is undertaken adjacent such an area, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone. e) Sediment control measures are to be installed around all Tree Protection Zones to protect the existing soil levels. f) The storage of materials, stockpiling, siting of works sheds, preparation of mixes, cleaning of tools or equipment is not permitted within Tree Protection Zones. Site personnel must be made aware of all Tree Protection requirements, measures and any actions that constitute a breach of the Conditions of Development Consent with regard to tree protection on site during their site induction. Note : Water Restrictions take precedence over this condition. Having regard to water restrictions manual hosing may be necessary. Standard Condition: D8 D.6 Permissible work within Tree Protection Zones In accordance with British Standard BS5837, one incursion no greater than 20% of a trees calculated Tree Protection Zone is considered allowable provided the tree is a healthy and vigorous specimen. Upon completion of approved works within the Tree Protection Zone, the specified Tree Protection Zone fencing must end either side of the allowable incursion. The table below provides a radius distance from the centre of the trunk of existing trees whereby the following incursions are permissible: a) Permissible Work within Tree Protection Zones Council Reference No: Species Location Radius from Trunk (metres) Approved works within incursion 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Rd Watsons Bay 1.75 Approved landscaping 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay 2.25 Approved landscaping 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 1.5 Approved landscaping 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most western specimen 1.5 Approved landscaping 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Rd Watsons Bay 2 Approved landscaping 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 2.5 Approved landscaping 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay 1.75 Proposed pedestrian access path 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 1.5 Proposed pedestrian access path b) Where excavation is undertaken within a specified Tree Protection Zone, the edge of the excavation must be stabilised, until such time as permanent measures are installed (eg. retaining wall etc) to prevent erosion within the Tree Protection Zone. c) To prevent damage to roots and compaction within the Tree Protection Zone of specified trees, excavation must be hand dug. Small hand tools only are to be utilised, mattocks and similar digging tools are not be used within these areas. No root with a diameter equal to or in excess of 50mm is to be cut unless approved, in writing, by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). All root pruning must be undertaken in accordance with the Australian Standard 4373 "Pruning of Amenity Trees and carried out by a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent). Beyond this radius, mechanical excavation is permitted, when root pruning by hand along the perimeter line of such works is completed. D.7 Construction Management Plan As a result of the site constraints, limited space and access a Construction Management Plan is to be submitted to Council. Due to the lack of on-street parking availability a Work Zone may be required from Council during construction. A construction management plan must be submitted and approved by Council's Development Engineer. The plan must:- a) Describe the anticipated impact of the construction works on: o Local traffic routes o Pedestrian circulation adjacent to the building site o On-street parking in the local area b) Describe the means proposed to: o Manage construction works to minimise such impacts, o Provide for the standing of vehicles during construction, o Provide for the movement of trucks to and from the site, and deliveries to the site c) Show the location of: o Any site sheds and any anticipated use of cranes and concrete pumps, o Any areas of Council property on which it is proposed to install a Works Zone (Construction Zone) o Structures to be erected such as hoardings, scaffolding or shoring o Any excavation d) Describe the excavation impact on the area including o Number and types of trucks to be used o Time frame o Streets to be used o Routes to be taken o Directions of travel o Truck storage areas o It is recommended that vehicle routes be shared o Excavation is to only be carried out outside peak and school hours between 9.30am to 2.30pm week days o The CMP is to include both demolition and excavation works e) Show the location Of all Tree Protection (Exclusion) Zones as required within the conditions of this development consent. The Plan must make provision for all materials, plant, etc. to be stored within the development site at all times during construction. Structures or works on Council property such as hoardings, scaffolding, shoring or excavation need separate approval from Council. Standing of cranes and concrete pumps on Council property will need approval on each occasion. Note: A minimum of eight weeks will be required for assessment. Work must not commence until the Construction Management Plan is approved. Failure to comply with this condition may result in fines and proceedings to stop work. Standard Condition: D9 D.8 Security Fencing, Hoarding and Overhead Protection Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent 1.8m high chain wire as specified in AS 1725. Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials (chain wire or the like is not acceptable) to a height of not less than 1.8 m adjacent to the thoroughfare. Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either: a) the vertical height above footpath level of the structure being demolished is less than 4.0 m; or b) the least horizontal distance between footpath and the nearest part of the structure is greater than half the height of the structure. The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must: a) extend from the common boundary to 200mm from the edge of the carriageway for the full length of the boundary; b) have a clear height above the footpath of not less than 2.1 m; c) terminate 200mm from the edge of the carriageway (clearance to be left to prevent impact from passing vehicles) with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and d) together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa. The principal contractor or owner builder must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection. The principal contractor or owner builder must ensure that Overhead Protective Structures are installed and maintained in accordance with WorkCover NSW Code of Practice - Overhead Protective Structures, gazetted 16 December 1994, as commenced 20 March 1995. This can be downloaded from: http://www.workcover.nsw.gov.au/Publications/LawAndPolicy/CodesofPractice/oheadprotstructs.htm . Security fencing, hoarding and overhead protective structure must not obstruct access to utilities services including but not limited to man holes, pits, stop valves, fire hydrants or the like. Note : The principal contractor or owner must allow not less than two (2) weeks from the date of making a hoarding application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own conditions and fees. Standard Condition: D11 (Autotext DD11) D.9 Site Signs The Principal Contractor or owner builder must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times. "Erection of signs o For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work. o A sign must be erected in a prominent position on any site on which building work, subdivision `work or demolition work is being carried out: a. showing the name, address and telephone number of the principal certifying authority for the work, and b. showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and c. stating that unauthorised entry to the work site is prohibited. o Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. o This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building. o This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State's building laws." Note : PCA and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which imposes a penalty exceeding $1,000). Note : If Council is appointed as the PCA it will provide the sign to the principal contractor or owner builder who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation . Standard Condition: D12 D.10 Toilet Facilities Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided: a) must be a standard flushing toilet, and b) must be connected to a public sewer, or c) if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or d) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council. The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced. In this condition: accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993. approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993. public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993. sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993. Note : This condition does not set aside the requirement to comply with Workcover NSW requirements. Standard Condition: D13 D.11 Erosion and Sediment Controls – Installation The principal contractor or owner builder must install and maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan if required under this consent; b) " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and c) " Managing Urban Stormwater - Soils and Construction " published by the NSW Department of Housing 4th Edition" ('The Blue Book'). Where there is any conflict The Blue Book takes precedence. Note : The International Erosion Control Association – Australasia ( http://www.austieca.com.au/ ) lists consultant experts who can assist in ensuring compliance with this condition. Where Soil and Water Management Plan is required for larger projects it is recommended that this be produced by a member of the International Erosion Control Association – Australasia. Note : The "Do it Right On Site, Soil and Water Management for the Construction Industry" publications can be down loaded free of charge from www.woollahra.nsw.gov.au . Note : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning . It is a criminal offence to cause, permit or allow pollution. Note : Section 257 of the Protection of the Environment Operations Act 1997 provides inter alia that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution" Warning : Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of their occupation of the land being developed. Standard Condition: D14 D.12 Building - Construction Certificate, Appointment of Principal Certifying Authority, Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act) The erection of the building in accordance with this development consent must not be commenced until: a) A construction certificate for the building work has been issued by the consent authority, the council (if the council is not the consent authority) or an accredited Certifier, and b) The person having the benefit of the development consent has: - Appointed a principal certifying authority for the building work, and - Notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and c) the principal certifying authority has, no later than 2 days before the building work commences: - Notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and - Notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and d) The person having the benefit of the development consent, if not carrying out the work as an owner-builder, has: - Appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and - Notified the principal certifying authority of any such appointment, and - Unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and - Given at least 2 days' notice to the council of the person's intention to commence the erection of the building. Note: building has the same meaning as in section 4 of the Act and includes part of a building and any structure or part of a structure. Note : new building has the same meaning as in section 109H of the Act and includes an altered portion of, or an extension to, an existing building. Note : The commencement of demolition works associated with an altered portion of, or an extension to, an existing building is considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate ) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125. Note : Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can be downloaded from Council's website www.woollahra.nsw.gov.au . Note : It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act. Standard Condition: D15 D.13 Notification of Home Building Act 1989 requirements a) For the purposes of section 80A (11) of the Act, the requirements of this condition are prescribed as conditions of a development consent for development that involves any residential building work within the meaning of the Home Building Act 1989 . b) 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 (not being the council) has given the council written notice of the following information: - In the case of work for which a principal contractor is required to be appointed: - the name and licence number of the principal contractor, and - the name of the insurer by which the work is insured under Part 6 of that Act, - In the case of work to be done by an owner-builder: - the name of the owner-builder, and - if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit. c) If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information. d) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State's building laws. Standard Condition: D17 D.14 Establishment of boundary location, building location and datum Prior to the commencement of any work the principal contractor or owner builder must ensure that a surveyor registered under the Surveying Act 2002 sets out: a) the boundaries of the site by permanent marks (including permanent recovery points); b) the location and level of foundation excavations, footings, walls and slabs by permanent marks, pegs or profiles relative to the boundaries of the land and relative to Australian Height Datum ("AHD") in compliance with the approved plans; c) establishes a permanent datum point (bench mark) within the boundaries of the site relative to AHD; and d) provides a copy of a survey report by the registered surveyor detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established pursuant to this condition to the PCA. Note : Where the principal contractor or owner builder notes any discrepancy between the approved development consent and the Construction Certificate , especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor or owner builder should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent. Note : On larger developments, or where boundary redefinition is required, the placement of new State Survey Marks as permanent marks should be considered by the registered surveyor. Standard Condition: D18 E. Conditions which must be satisfied during any development work E.1 Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work: a) that the work must be carried out in accordance with the requirements of the Building Code of Australia, b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This condition does not apply: a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or b) to the erection of a temporary building. In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Standard Condition: E1 E.2 Compliance with Australian Standard for Demolition Demolition of buildings and structures must comply with Australian Standard AS 2601—1991: The Demolition of Structures, published by Standards Australia, and as in force at 1 July 1993. Standard Condition: E2 E.3 Compliance with Construction Management Plan All development activities and traffic movements must be carried out in accordance with the approved construction management plan. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request. Note : Irrespective of the provisions of the Construction Management Plan the provisions of traffic and parking legislation prevails. Standard Condition: E3 E.4 Requirement to notify about new evidence Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination, heritage significance, threatened species or other relevant matters must be immediately notified to Council and the Principal Certifying Authority.. Standard Condition: E4 E.5 Critical Stage Inspections Critical stage inspections must be called for by the principal contractor or owner builder as required by the PCA, any PCA service agreement, the Act and the Regulation . Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act . critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act or as required by the PCA and any PCA Service Agreement. Note : The PCA may require inspections beyond mandatory critical stage inspections in order that the PCA be satisfied that work is proceeding in accordance with this consent. Note : The PCA may, in addition to inspections, require the submission of Com pliance Certificates , survey reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development. Standard Condition: E5 E.6 Hours of Work –Amenity of the neighbourhood a) No work must take place on any Sunday or public holiday, b) No work must take place before 7am or after 5pm any weekday, c) No work must take place before 7am or after 1pm any Saturday, and d) No piling, piering, cutting, boring, drilling, rock breaking, rock sawing, jack hammering or bulk excavation of land or loading of material to or from trucks must take place before 9am or after 4pm any weekday, or before 9am or after 1pm any Saturday. e) No rock excavation being cutting, boring, drilling, breaking, sawing , jack hammering or bulk excavation of rock, must occur without a 15 minute break every hour. This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note : The use of noise and vibration generating plant and equipment and vehicular traffic, including trucks in particular, significantly degrade the amenity of neighbourhoods and more onerous restrictions apply to these activities. This more invasive work generally occurs during the foundation and bulk excavation stages of development. If you are in doubt as to whether or not a particular activity is considered to be subject to the more onerous requirement (9am to 4pm weekdays and 9am to 1pm Saturdays) please consult with Council. Note : Each and every breach of this condition by any person may be subject to separate penalty infringement notice or prosecution. Note : The delivery and removal of plant, equipment and machinery associated with wide loads subject to RTA and Police restrictions on their movement out side the approved hours of work will be considered on a case by case basis. Note : Compliance with these hours of work does not affect the rights of any person to seek a remedy to offensive noise as defined by the Protection of the Environment Operations Act 1997, the Protection of the Environment Operations (Noise Control) Regulation 2000. Note : EPA Guidelines can be down loaded from http://www.epa.nsw.gov.au/noise/nglg.htm . Note : see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf Standard Condition: E6 E.7 Maintenance of Vehicular and Pedestrian Safety and Access The principal contractor or owner builder and any other person acting with the benefit of this consent must: Not erect or maintain any gate or fence swing out or encroaching upon the road or the footway. a) Not use the road or footway for the storage of any article, material, matter, waste or thing. b) Not use the road or footway for any work . c) Keep the road and footway in good repair free of any trip hazard or obstruction. d) Not stand any plant and equipment upon the road or footway. This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993 except that at all time compliance is required with: a) Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all relevant parts of this set of standards. b) Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. Note : Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval. Note: Section 138 of the Roads Act 1993 provides that a person must not: - erect a structure or carry out a work in, on or over a public road, or - dig up or disturb the surface of a public road, or - remove or interfere with a structure, work or tree on a public road, or - pump water into a public road from any land adjoining the road, or - connect a road (whether public or private) to a classified road, otherwise than with the consent of the appropriate roads authority. Note : Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the council including: - Part C Management of Waste: a. For fee or reward, transport waste over or under a public place b. Place waste in a public place c. Place a waste storage container in a public place." - Part E Public roads: + a. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway b. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road." c. Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road uses as a footway. Standard Condition: E7 E.8 Tree Preservation All persons must comply with Council's Tree Preservation Order ("the TPO"), other than where varied by this consent. The order applies to any tree, with a height greater than 5 metres or a diameter spread of branches greater than 3 metres, is subject to Council's Tree Preservation Order unless, exempted by specific provisions. Works to be carried out within a 5 metre radius of any tree, subject to the Tree Preservation Order, require the prior written consent of Council. General Protection Requirements: a) There must be no excavation or work within the required Tree Protection Zone(s). The Tree Protection Zone(s) must be maintained during all development work . b) Where excavation encounters tree roots with a diameter exceeding 50mm excavation must cease. The principal contractor must procure an inspection of the tree roots exposed by a qualified arborist. Excavation must only recommence with the implementation of the recommendations of the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions. c) Where there is damage to any part of a tree the principal contractor must procure an inspection of the tree by a qualified arborist immediately. The principal contractor must immediately implement treatment as directed by the qualified arborist or where specific instructions are given by Council's Tree Management Officer in strict accordance with such Council instructions. Note : Trees must be pruned in accordance with Australian Standard AS 4373 "Pruning of Amenity Trees" and WorkCover NSW Code of Practice Amenity Tree Industry . Standard Condition: E8 E.9 Tree Preservation & Approved Landscaping Works All landscape works must be undertaken in accordance with the approved landscape plan, arborist report, tree management plan and transplant method statement as applicable. a) The following trees must be retained: Trees on Private Land Council Reference No: Species Location Dimension (metres) 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Rd Watsons Bay 10 x 4 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay 13 x 8 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 12 x 7 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most western specimen 13 x 6 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Rd Watsons Bay 12 x 5 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 13 x 10 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay Average dimensions of 13 x 5 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 13 x 4 c) The following trees may be removed: Council Reference No: Species Location Dimension (metres) 8 Morus sp. Mulberry tree Rear yard 7 x 6 9 Plumeria acutifolia Frangipani Northern side of property 5 x 4 Note : The tree trees that may be removed should appear coloured red on the construction certificate plans. E.10 Replacement trees which must be planted The following compensatory replacement plantings must be planted to ensure the preservation of the landscape character of the area. Areas for future planting must be plotted on the submitted landscape or architectural plans and be protected from damage, especially soil compaction and contamination from construction activity by erecting a barrier or implementing ground protection. Where ground protection during construction activity is not implemented, remediation measures prior to planting such as soil ripping or subsoil aeration must be employed. Any replacement plant is to be maintained in a healthy and vigorous condition until it attains a height of 5 metres or a spread of 3 metres, whereby it will be protected by Council's Tree Preservation Order. If the replacement plant is found to be faulty, damaged, dying or dead before it attains a size whereby it is protected by Council's Tree Preservation Order, it must be replaced with another of the same species which complies with the criteria outlined below. Species/Type Planting Location Container Size or Size of Tree (@ time of planting) Minimum Dimensions at Maturity 6 x Ceratopetalum gummiferum NSW Christmas Bush As per the submitted landscape plan 75 litre Natural 2 x Corymbia Summer Beauty As per the submitted landscape plan 75 litre Natural All replacement trees are to be NATSPEC grown. E.11 Paving in the vicinity of trees Paving works within the specified radius from the trunks of the following trees must be constructed in such a way as to ensure that the existing moisture infiltration and gaseous exchange to the tree root system are maintained. When preparing an area for paving within the specified radius the soil surface should not be skimmed. A new surface must be established above the former ground level that does not inhibit gaseous exchange, such as granular fill not exceeding 100mm in depth or a load suspension layer. Council Reference No: Species Location Radius from centre of trunk (metres) 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay 1.75 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 1.5 Paving works are to be designed in consultation with a qualified Arborist (minimum qualification of Australian Qualification Framework Level 4 or recognised equivalent) and are to utilise such measures as semiporous material. E.12 Level changes in the vicinity of trees No level changes are to occur within the specified radius from the trunks of the following trees to allow for the preservation of their root zones. Council Reference No: Species Location Radius from Trunk (metres) 1 Cupressus spp Cypress Pine Northern side of driveway entrance to 7 Military Rd Watsons Bay 1.75 2 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay 2.25 3 Ficus benjamina Weeping Fig Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 1.5 4 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most western specimen 1.5 5 Melaleuca quinquenervia Broad-leafed Paperbark Side northern boundary of 7 Military Rd Watsons Bay 2 6 Casuarina equisetifolia Coastal She-oak Side northern boundary of 7 Military Rd Watsons Bay most eastern specimen 2.5 10, 11, 12, 13, 14, 15, 16, 17 Casuarina glauca Swamp She-oak Side southern boundary of 11 Military Rd Watsons Bay 1.75 18 Syagrus romanzoffianum Cocos Palm Side southern boundary of 11 Military Rd Watsons Bay 1.5 E.13 Maintenance of Environmental Controls The principal contractor or owner builder must ensure that the following monitoring, measures and controls are maintained: a) Erosion and sediment controls, b) Dust controls, c) Dewatering discharges, d) Noise controls; e) Vibration monitoring and controls; f) Ablutions; Note: See http://www.epa.nsw.gov.au/small_business/builders.htm for additional information. Standard Condition: E11 E.14 Compliance with Geotechnical/Hydrogeological Monitoring Program Excavation must be undertaken in accordance with the recommendations of the Geotechnical / Hydrogeological Monitoring Program and any oral or written direction of the supervising professional engineer . The principal contractor and any sub-contractor must strictly follow the Geotechnical / Hydrogeological Monitoring Program for the development including, but not limited to; a) the location and type of monitoring systems to be utilised; b) recommended hold points to allow for inspection and certification of geotechnical and hydrogeological measures by the professional engineer ; and c) the contingency plan. Note : The consent authority cannot require that the author of the geotechnical/hydrogeological report submitted with the Development Application to be appointed as the professional engineer supervising the work however, it is the Council's recommendation that the author of the report be retained during the construction stage. Standard Condition: E12 E.15 Support of adjoining land and buildings A person must not to do anything on or in relation to the site (the supporting land) that removes the support provided by the supporting land to any other land (the supported land) or building (the supported building). For the purposes of this condition, supporting land includes the natural surface of the site, the subsoil of the site, any water beneath the site, and any part of the site that has been reclaimed. Note : This condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land by any person the principal contractor or owner builder must obtain: a. the consent of the owners of such adjoining or supported land to trespass or encroach, or b. an access order under the Access to Neighbouring Land Act 2000, or c. an easement under section 88K of the Conveyancing Act 1919, or d. an easement under section 40 of the Land & Environment Court Act 1979 as appropriate. Note : Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land). Note : Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: " Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road." Separate approval is required under the Roads Act 1993 for any underpinning, shoring, soil anchoring (temporary)) or the like within or under any road. Council will not give approval to permanent underpinning, shoring, soil anchoring within or under any road. Note : The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not adjudicate or regulate such trespasses or encroachments except in relation to encroachments upon any road, public place, crown land under Council's care control or management, or any community or operational land as defined by the Local Government Act 1993. Standard Condition: E13 E.16 Vibration Monitoring Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed. If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity an audible alarm must activate such that the principal contractor and any sub-contractor are easily alerted to the event. Where any such alarm triggers all excavation works must cease immediately. Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer . Where the event requires, in the opinion of the professional engineer , any change in work practices to ensure that vibration at the level of the footings of any adjacent building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these changes in work practices must be documented and a written direction given by the professional engineer to the principal contractor and any sub-contractor clearly setting out required work practice. The principal contractor and any sub-contractor must comply with all work directions, verbal or written, given by the professional engineer . A copy of any written direction required by this condition must be provided to the Principal Certifying Authority within 24 hours of any event. Where there is any movement in foundations such that damaged is occasioned to any adjoining building or such that there is any removal of support to supported land the professional engineer , principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and take immediate action under the direction of the professional engineer to prevent any further damage and restore support to the supported land . Note : Professional engineer has the same mean as in Clause A1.1 of the BCA. Note : Building has the same meaning as in section 4 of the Act i.e. " building includes part of a building and any structure or part of a structure". Note: Supported land has the same meaning as in section 88K of the Conveyancing Act 1919. Standard Condition: E14 E.17 Erosion and Sediment Controls – Maintenance The principal contractor or owner builder must maintain water pollution, erosion and sedimentation controls in accordance with: a) The Soil and Water Management Plan required under this consent; b) " Do it Right On Site, Soil and Water Management for the Construction Industry " published by the Southern Sydney Regional Organisation of Councils, 2001; and c) " Managing Urban Stormwater - Soils and Construction " published by the NSW Department of Housing 4th Edition (" The Blue Book "). Where there is any conflict The Blue Book takes precedence. Note : A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution. Note : Section 257 of the Protection of the Environment Operations Act 1997 provides that "the occupier of premises at or from which any pollution occurs is taken to have caused the pollution". Warning : Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution. Standard Condition: E15 E.18 Disposal of site water during construction The principal contractor or owner builder must ensure: a) Prior to pumping any water into the road or public stormwater system that approval is obtained from Council under section 138(1)(d) of the Roads Act 1993; b) That water pollution , as defined by the Protection of the Environment Operations Act 1997, does not occur as the result of the discharge to the road, public stormwater system or other place or any site water; c) That stormwater from any roof or other impervious areas is linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating other impervious areas. Note : This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected by unreasonable overland flows of stormwater and that site water does not concentrate water such that they cause erosion and water pollution. Standard Condition: E17 E.19 Site Cranes Site Crane(s) and hoist(s) may be erected within the boundary of the land being developed subject to compliance with Australian Standards AS 1418, AS 2549 and AS 2550 and all relevant parts to these standards. Cranes must not swing or hoist over any public place unless the principal contractor or owner builder have the relevant approval under the Local Government Act 1993 , Crown Lands Act 1989 or Roads Act 1993 . The crane must not be illuminated outside approved working hours other than in relation to safety beacons required by the Civil Aviation Safety Authority under the Civil Aviation Act 1988 (Cth). No illuminated sign(s) must be erected upon or displayed upon any site crane. Note : Where it is proposed to swing a crane over a public place the principal contractor or owner builder must make a separate application to Council under section 68 of the Local Government Act 1993 and obtain activity approval from Council prior to swinging or hoisting over the public place. Note : Where it is proposed to swing a crane over private land the consent of the owner of that private land is required. Alternatively, the principal contractor or owner builder must obtain an access order under the Access to Neighbouring Land Act 2000 or easement under section 88K of the Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriate. The encroachment of cranes or the like is a civil matter of trespass and encroachment. Council does not adjudicate or regulate such trespasses or encroachments. Standard Condition: E19 E.20 Placement and use of Skip Bins The principal contractor or owner builder must ensure that all waste storage containers, including but not limited to skip bins, must be stored within the site unless: a) Activity Approval has been issued by Council under section 94 of the Local Government Act 1993 to place the waste storage container in a public place, and b) Where located on the road it is located only in a positions where a vehicle may lawfully park in accordance with the Australian Road Rules to the extent they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999. Note : Waste storage containers must not be located on the footpath without a site specific activity approval. Where such site specific activity approval is granted a 1.5m wide clear path of travel is maintained free of any trip hazards. Standard Condition: E21 E.21 Prohibition of burning There must be no burning of any waste or other materials. The burning of CCA (copper chrome arsenate) or PCP (pentachlorophenol) treated timber is prohibited in all parts of NSW. All burning is prohibited in the Woollahra local government area. Note : Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000 all burning (including burning of vegetation and domestic waste) is prohibited except with approval. No approval is granted under this consent for any burning. Standard Condition: E22 E.22 Dust Mitigation Dust mitigation must be implemented in accordance with " Dust Control - Do it right on site " published by the Southern Sydney Regional Organisation of Councils. This generally requires: a) Dust screens to all hoardings and site fences. b) All stockpiles or loose materials to be covered when not being used. c) All equipment, where capable, being fitted with dust catchers. d) All loose materials being placed bags before placing into waste or skip bins. e) All waste and skip bins being kept covered when not being filled or emptied. f) The surface of excavation work being kept wet to minimise dust. g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as practically possible to minimise dust. Note : " Dust Control - Do it right on site " can be down loaded free of charge from Council's web site www.woollahra.nsw.gov.au or obtained from Council's office. Note: Special precautions must be taken when removing asbestos or lead materials from development sites. Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply. Note: Demolition and construction activities may affect local air quality and contribute to urban air pollution. The causes are dust, smoke and fumes coming from equipment or activities, and airborne chemicals when spraying for pest management. Precautions must be taken to prevent air pollution. Standard Condition: E23 E.23 Compliance with Council's Specification for Roadworks, Drainage and Miscellaneous Works Road works and work within the Road and Footway All work carried out on assets which are under Council ownership or will revert to the ownership, care, control or management of Council in connection with the development to which this consent relates must comply with Council's Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The owner , principal contractor or owner builder must meet all costs associated with such works. This condition does not set aside the need to obtain relevant approvals under the Roads Act 1993 or Local Government Act 1993 for works within Roads and other public places. Note: A copy of Council's " Specification for Roadworks, Drainage and Miscellaneous Works " can be down loaded free of charge from Council's website www.woollahra.nsw.gov.au Standard Condition: E24 F. Conditions which must be satisfied prior to any occupation or use of the building (Part 4A of the Act and Part 8 Division 3 of the Regulation) F.1 Occupation Certificate (section 109M of the Act) A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act ) unless an occupation certificate has been issued in relation to the building or part. Note : new building includes an altered portion of, or an extension to, an existing building. Standard Condition: F1 F.2 Amenity Landscaping The owner or principal contractor must install all approved amenity landscaping (screen planting, soil stabilisation planting, etc.) prior to any occupation or use of the site. Note : This condition has been imposed to ensure that the environmental impacts of the development are mitigated by approved landscaping prior to any occupation of the development. Standard Condition: F6 F.3 Commissioning and Certification of Systems and Works The principal contractor or owner builder must submit to the satisfaction of the PCA works-as-executed ("WAE") plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the works , as executed and as detailed, comply with the requirement of this consent, the Act , the Regulations , any relevant construction certificate , the BCA and relevant Australian Standards . Works-as-executed ("WAE") plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA must include but may not be limited to: a) Certification from the supervising professional engineer that the requirement of the Geotechnical / Hydrogeological conditions and report recommendations were implemented and satisfied during development work. b) All flood protection measures. c) All garage/car park/basement car park, driveways and access ramps comply with Australian Standard AS 2890.1 – "Off-Street car parking." d) All stormwater drainage and storage systems. e) All mechanical ventilation systems. f) All hydraulic systems. g) All structural work. h) All acoustic attenuation work. i) All waterproofing. j Such further matters as the Principal Certifying Authority may require. Note : This condition has been imposed to ensure that systems and works as completed meet development standards as defined by the Act , comply with the BCA, comply with this consent and so that a public record of works as execute is maintained. Note : The PCA may require any number of WAE plans, certificates, or other evidence of suitability as necessary to confirm compliance with the Act , Regulation , Development Standards, BCA , and relevant Australia Standards . As a minimum WAE plans and certification is required for stormwater drainage and detention, mechanical ventilation work, hydraulic services (including but not limited to fire services). Note : The PCA must submit to Council, with any Occupation Certificate , copies of works-as-executed ("WAE") plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA upon which the PCA has relied in issuing any Occupation Certificate . Standard Condition: F7 F.4 Commissioning and Certification of Public Infrastructure Works The principal contractor or owner builder must submit, to the satisfaction of Woollahra Municipal Council, certification from a professional engineer that all public infrastructure works have been executed in compliance with this consent and with Council's Specification for Roadworks, Drainage and Miscellaneous Works dated January 2003. The certification must be supported by closed circuit television / video inspection provided on DVD of all stormwater drainage together with Works As Executed engineering plans and a survey report detailing all finished reduced levels. Standard Condition: F9 F.5 Street Numbering The development must be provided with street and sole occupancy unit numbers determined by Council. This condition has been imposed to ensure that emergency services, utility services, and the general public are able to clearly and readily locate any property. Further, this condition has been imposed to protect the integrity of street numbering and land information. Note : Applications for the allocation of street and sole occupancy unit numbers should be made together with any application for a strata certificate or Torrens or community title subdivision certificate. Council will determine at its discretion in accordance with its policy street numbers and street addresses that best suit the public interest. Standard Condition: F11 F.6 Letter Box(es) All letter boxes must be constructed and located in accordance with AS/NZS 4253:1994 Mailboxes and to Australia Post's satisfaction. Note : This condition has been imposed to ensure that mail can be delivered to occupiers of the site. Standard Condition: F12 G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate G.1 Electricity Substations – Dedication as road and/or easements for access If an electricity substation, is required on the site the owner must dedicate to the appropriate energy authority (to its satisfaction), free of cost, an area of land adjoining the street alignment to enable an electricity substation to be established. The size and location of the electricity substation is to be in accordance with the requirements of the appropriate energy authority and Council. The opening of any access doors are not to intrude onto the public road (footway or road pavement). Documentary evidence of compliance, including correspondence from the energy authority is to be provided to the Principal Certifying Authority prior to issue of the Construction Certificate detailing energy authority requirements. The Accredited Certifier must be satisfied that the requirements of energy authority have been met prior to issue of the Construction Certificate. Where an electricity substation is provided on the site adjoining the road boundary, the area within which the electricity substation is located must be dedicated as public road. Where access is required across the site to access an electricity substation an easement for access across the site from the public place must be created upon the linen plans burdening the subject site and benefiting the Crown in right of New South Wales and any Statutory Corporation requiring access to the electricity substation. Standard Condition: G4 H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate (s109C(1)(c)) H.1 Fulfillment of BASIX commitments – Clause 154B of the Regulation All BASIX commitments must be effected in accordance with the BASIX Certificate No. 194096M. Note : Clause 154B(2) of the Environmental Planning & Assessment Regulation 2000 provides: "A certifying authority must not issue a final occupation certificate for a BASIX affected building to which this clause applies unless it is satisfied that each of the commitments whose fulfilment it is required to monitor has been fulfilled." Standard Condition: H7 H.2 Landscaping All landscape work including all planting must be completed by the principal contractor or owner in compliance with the approved landscape plan, arborist report, transplant method statement and tree management plan. The principal contractor or owner must provide to PCA a works-as-executed landscape plan and certification from a qualified landscape architect/designer, horticulturist and/or arborist as applicable to the effect that the works as completed comply with this consent. Note : This condition has been imposed to ensure that all Landscaping work is completed prior to the issue of the Final Occupation Certificate . Standard Condition: H9 H.3 Removal of Ancillary Works and Structures The principal contractor or owner must remove from the land and any adjoining public place: a) The site sign; b) Ablutions; c) Hoarding; d) Scaffolding; and e) Waste materials, matter, article or thing. Note : This condition has been imposed to ensure that all ancillary matter is removed prior to the issue of the Final Occupation Certificate . Standard Condition: H12 H.4 Road Works (including footpaths) The following works must be completed to the satisfaction of Council, in compliance with Council's "Specification for Roadworks, Drainage and Miscellaneous Works" dated January 2003 unless expressly provided otherwise by these conditions at the principal contractor's or owner's expense: a) Stormwater pipes, pits and connections to public stormwater systems within the road ; b) Driveways and vehicular crossings within the road; c) Removal of redundant driveways and vehicular crossings; d) New footpaths within the road; e) Relocation of existing power/light pole f) relocation/provision of street signs g) New or replacement street trees; h) New footway verges, where a grass verge exists, the balance of the area between the footpath and the kerb or site boundary over the full frontage of the proposed development must be turfed. The grass verge must be constructed to contain a uniform minimum 75mm of friable growing medium and have a total cover of turf predominant within the street. i) New or reinstated kerb and guttering within the road; and j) New or reinstated road surface pavement within the road. Note : Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be downloaded from Council's website www.woollahra.nsw.gov.au or obtained from Council's customer service centre. Standard Condition: H13 H.5 Positive Covenant & Works-As-Executed certification of stormwater systems On completion of construction work, stormwater drainage works are to be certified by a professional engineer with Works-As-Executed drawings supplied to the PCA detailing: a) Compliance with conditions of development consent relating to stormwater; b) The structural adequacy of the On-Site Detention system (OSD); c) That the works have been constructed in accordance with the approved design and will provide the detention storage volume and attenuation in accordance with the submitted calculations; d) Pipe invert levels and surface levels to Australian Height Datum; e) Contours indicating the direction in which water will flow over land should the capacity of the pit be exceeded in a storm event exceeding design limits. f) A positive covenant pursuant to Section 88E of the Conveyancing Act 1919 must be created on the title of the subject property, providing for the indemnification of Council from any claims or actions and for the on-going maintenance of the on-site-detention system and/or absorption trenches, including any pumps and sumps incorporated in the development. The wording of the Instrument must be in accordance with Council's standard format and the Instrument must be registered at the Land Titles Office. Note : The required wording of the Instrument can be downloaded from Council's web site www.woollahra.nsw.gov.au . The PCA must supply a copy of the WAE Plans to Council together with the Final Occupation Certificate . The Final Occupation Certificate must not be issued until this condition has been satisfied. Standard Condition: H20 I. Conditions which must be satisfied during the ongoing use of the development I.1 Maintenance of BASIX commitments All BASIX commitments must be maintained in accordance with the BASIX Certificate No. 194096M. Note: This condition affects successors in title with the intent that environmental sustainability measures must be maintained for the life of development under this consent. Standard Condition: I7 I.2 Maintenance of Landscaping All landscaping must be maintained in general accordance with this consent. This condition does not prohibit the planting of additional trees or shrubs subject that they are native species endemic to the immediate locality. This condition has been imposed to ensure that the landscaping design intent is not eroded over time by the removal of landscaping or inappropriate exotic planting. Note : This condition also acknowledges that development consent is not required to plant vegetation and that over time additional vegetation may be planted to replace vegetation or enhance the amenity of the locality. Owners should have regard to the amenity impact of trees upon the site and neighbouring land. Further, drought proof vegetation being native species endemic to the immediate locality is encouraged. Suggested native species endemic to the immediate locality are listed in the Brochure Titled "Local Native Plants for Sydney's Eastern Suburbs" published by Woollahra, Waverley, Randwick and Botany Bay Councils. Standard Condition: I8 I.3 Clothes drying etcetera No clothes, linen or the like must be hung from any balcony, terrace or veranda such that they are visible from any public place. Reason : This condition has been imposed to ensure that the visual amenity of the neighbourhood is not detrimentally affected by a proliferation of such practices. Standard Condition: I9 I.4 On-going maintenance of the on-site-detention system The Owner(s) must in accordance with this condition and any positive covenant: a) Permit stormwater to be temporarily detained by the system; b) Keep the system clean and free of silt rubbish and debris; c) If the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain; d) Maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council; e) Carry out the matters referred to in paragraphs (b) and (c) at the Owners expense; f) Not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly; g) Permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant; h) Comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice; i) Where the Owner fails to comply with the Owner's obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner's cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations; j) Indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner's obligations under this condition. This condition has been imposed to ensure that owners are aware of require maintenance requirements for their stormwater systems. Note : This condition is supplementary to the owner(s) obligations and Council's rights under any positive covenant. Standard Condition: I12 I.5 Outdoor lighting – Residential Outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting. The maximum luminous intensity from each luminare must not exceed the level 1 control relevant under table 2.2 of AS 4282. The maximum illuminance and the threshold limits must be in accordance with Table 2.1 of AS 4282. This condition has been imposed to protect the amenity of neighbours and limit the obtrusive effects of outdoor lighting in public places. Note : This condition has been imposed to control the obtrusive effects of outdoor lighting. Standard Condition: I42 I.6 Outdoor lighting – Roof Terraces - Modified by Land and Environment Court of New South Wales 2 December 2010 Outdoor lighting must comply with AS 4282-1997: Control of the obtrusive effects of outdoor lighting . The maximum luminous intensity from each luminare must not exceed the level 1 control relevant under table 2.2 of AS 4282. The maximum illuminance and the threshold limits must be in accordance with Table 2.1 of AS 4282. All lighting to be installed on the roof terrace will be recessed lights or will be surface wall/balustrade mounted lights at a maximum height of 600 mm above the finished floor level of the roof terrace. No lighting is to be installed in the landscaped area at the rear of the roof terrace. This condition has been imposed to protect the amenity of neighbours and limit the obtrusive effects of outdoor lighting. Note : Council may consider, subject to an appropriate section 96 application relaxation of this condition where it can be demonstrated, by expert report, that the level of lighting in the existing area already exceeds the above criteria, where physical shielding is present or physical shielding is reasonably possible. Standard Condition: I44 I.7 Noise from mechanical plant and equipment Noise from the operation of mechanical plant and equipment and the roof top water feature must not exceed background noise when measured at the nearest lot boundary of the site. Where noise sensitive receivers are located within the site, noise from the operation of mechanical plant and equipment and the roof top water feature must not exceed background noise when measured at the nearest strata, stratum or community title boundary. This condition has been imposed to protect the amenity of the neighbourhood. Note: Words in this condition have the same meaning as in the: NSW Industrial Noise Policy ( http://www.environment.nsw.gov.au/resources/ind_noise.pdf ) ISBN 0 7313 2715 2, dated January 2000, and Noise Guide for Local Government ( http://www.environment.nsw.gov.au/noise/nglg.htm ) ISBN 1741370671 , dated December 2004. Standard Condition: I53 J. Miscellaneous Conditions None relevant. K. Advisings K.1 Criminal Offences – Breach of Development Consent & Environmental laws Failure to comply with this development consent and any condition of this consent is a criminal offence. Failure to comply with other environmental laws is also a criminal offence. Where there is any breach Council may without any further warning: a) Issue Penalty Infringement Notices (On-the-spot fines); b) Issue notices and orders; c) Prosecute any person breaching this consent; and/or d) Seek injunctions/orders before the courts to restrain and remedy any breach. Warnings as to potential maximum penalties Maximum Penalties under NSW Environmental Laws include fines up to $1.1 Million and/or custodial sentences for serious offences. Warning as to enforcement and legal costs Should Council have to take any action to enforced compliance with this consent or other environmental laws Council's policy is to seek from the Court appropriate orders requiring the payments of its costs beyond any penalty or remedy the Court may order. This consent and this specific advice will be tendered to the Court when seeking costs orders from the Court where Council is successful in any necessary enforcement action. Note : The payment of environmental penalty infringement notices does not result in any criminal offence being recorded. If a penalty infringement notice is challenged in Court and the person is found guilty of the offence by the Court, subject to section 10 of the Crimes (Sentencing Procedure) Act 1999, a criminal conviction is recorded. The effect of a criminal conviction beyond any fine is serious. You can obtain further information from the following web sites: http://www.theshopfront.org/documents/ConvictionsCriminalRecords.pdf and the Attorney General's www.agd.nsw.gov.au . Standard Advising: K1 K.2 Dial before you dig The principal contractor , owner builder or any person digging may be held financially responsible by the asset owner should they damage underground pipe or cable networks. Minimise your risk and Dial 1100 Before You Dig or visit www.dialbeforeyoudig.com.au . When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig members who have underground assets in the vicinity of your proposed excavation. Standard Advising: K2 K.3 Commonwealth Disability Discrimination Act 1992 ("DDA") The Disability Discrimination Act 1992 (DDA) makes it against the law for public places to be inaccessible to people with a disability. Compliance with this development consent, Council's Access DCP and the BCA does not necessarily satisfy compliance with the DDA. The DDA applies to existing places as well as places under construction. Existing places must be modified and be accessible (except where this would involve "unjustifiable hardship"). Further detailed advice can be obtained from the Human Rights and Equal Opportunity Commission ("HEROC"): a) http://www.hreoc.gov.au/index.html b) http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html If you have any further questions relating to the application of the DDA you can send and email to HEROC at disabdis@humanrights.gov.au . Standard Advising: K3 K.4 Builders Licences and Owner Builders Permits Section 81A of the Act requires among other matters that the person having the benefit of the development consent, if not carrying out the work as an owner-builder , must appointed a principal contractor for residential building work who must be the holder of a contractor licence. Further information can be obtained from the NSW Office of Fair Trading website about how you obtain an owner builders permit or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html . The Owner(s) must appoint the PCA. The PCA must check that Home Building Act insurance is in place before the commencement of building work. The Principal Contractor (Builder) must provide the Owners with a certificate of insurance evidencing the contract of insurance under the Home Building Act 1989 for the residential building work. Standard Condition: K5 K.5 Building Standards - Guide to Standards and Tolerances The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the "Guide to Standards and Tolerances©" ISBN 0 7347 6010 8 are achieved. The quality of any development is a function of the quality of the principal contractor's or owner builder's supervision of individual contractors and trades on a daily basis during the development. The PCA does not undertake this role. The NSW Office of Fair Trading have published a "Guide to Standards and Tolerances©" ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124. The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf Council, as the PCA or otherwise, does not adjudicate building contract disputes between the principal contractor , contractors and the owner. Standard Condition: K6 K.6 Workcover requirements The Occupational Health and Safety Act 2000 No 40 and subordinate regulations, codes of practice and guidelines control and regulate the development industry. Note : Further information can be obtained from Workcover NSW's website: http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office: Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250 Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252, Phone (02) 4321 5000, Fax (02) 4325 4145. Standard Condition: K7 K.7 Asbestos Removal, Repair or Disturbance Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current removal licence from Workcover NSW. Before starting work, a work site-specific permit approving each asbestos project must be obtained from Workcover NSW. A permit will not be granted without a current Workcover licence. All removal, repair or disturbance of or to asbestos material must comply with: a) The Occupational Health and Safety Act 2000; b) The Occupational Health and Safety Regulation 2001; c) The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)]; d) The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1998)] http://www.nohsc.gov.au/ ]; e) The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors. Note : The Code of Practice and Guide referred to above are known collectively as the Worksafe Code of Practice and Guidance Notes on Asbestos. They are specifically referenced in the Occupational Health and Safety Regulation 2001 under Clause 259. Under the Occupational Health and Safety Regulation 2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the minimum standards for asbestos removal work. Council does not control or regulate the Worksafe Code of Practice and Guidance Notes on Asbestos. You should make yourself aware of the requirements by visiting www.workcover.nsw.gov.au or one of Workcover NSW's offices for further advice. Standard Advising: K8 K.8 Lead Paint It is beyond the scope of this consent to provide detailed information about dealing with lead paint. Painters working in an area containing lead-based paint should refer to Australian Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial Applications, or AS 4361.2–1998, Guide to Lead Paint Management—Residential and Commercial Buildings. Industrial paints, may contain lead. Lead is used in some specialised sign-writing and artist paints, and road marking paints, and anti-corrosive paints. Lead was a major ingredient in commercial and residential paints from the late 1800s to 1970. Most Australian commercial buildings and residential homes built before 1970 contain lead paint. These paints were used both inside and outside buildings. Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as dust in ceiling, wall and floor voids. If dust is generated it must be contained. If runoff contains lead particles it must be contained. Lead is extremely hazardous, and stripping of lead-based paint and the disposal of contaminated waste must be carried out with all care. Lead is a cumulative poison and even small levels in the body can have severe effects. Standard Advising: K9 K.9 Appeal Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact Eleanor Smith, Assessment Officer, on (02) 9391 7090 However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, site hearings and the use of Court Appointed Experts, instead of a full Court hearing. This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference. Standard Condition: K14 K.10 Release of Security An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act . The securities will not be released until a Final Occupation Certificate has lodged with Council, Council has inspected the site and Council is satisfied that the public works have been carried out to Council's requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council's requirements. Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council's satisfaction as the case may be. Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed. Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% may be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period. Note: The Application for Refund of Security form can be downloaded from http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf Standard Condition: K15 K.11 Recycling of Demolition and Building Material It is estimated that building waste, including disposable materials, resulting from demolition, excavation, construction and renovation, accounts for almost 70% of landfill. Such waste is also a problem in the generation of dust and the pollution of stormwater. Council encourages the recycling of demolition and building materials. Standard Condition: K17 K.12 Owner Builders Under the Home Building Act 1989 any property owner who intends undertaking construction work to a dwelling house or dual occupancy to the value of $12,000 or over must complete an approved education course and obtain an owner-builder permit from the Office of Fair Trading. See www.fairtrading.nsw.gov.au . Standard Condition: K18 K.13 Model If you submitted a model with the application it must be collected from the Council offices within fourteen (14) days of the date of this determination. Models not collected will be disposed of by Council. Standard Condition: K21 (Autotext KK21) ______________________ R Hussey Commissioner of the Court 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.