Land and Environment Court of New South Wales CITATION : Home Site Pty Limited v Waverley Council [2009] NSWLEC 1354 This decision has been amended. Please see the end of the judgment for a list of the amendments. APPLICANT Home Site Pty Limited PARTIES : RESPONDENT Waverley Council FILE NUMBER(S) : 10299 of 2009 CORAM: Bly C KEY ISSUES: DEVELOPMENT APPLICATION :- residential flat buildings; draft local environmental plan, draft development control plan, certainty and imminence, deferred commence condition. Environmental Planning and Assessment Act 1979 Environmental Planning and Assessment Regulations 2000 LEGISLATION CITED: Waverley Local Environmental Plan 1996 Waverley Development Control Plan 2006 Draft Waverley Local Environmental Plan (Bondi Junction) 2008 CASES CITED: Architects Hayward and Bakker Pty Ltd v North Sydney Council (2000) NSWLEC 138 [33] DATES OF HEARING: 22 September 2009 and 23 September 2009 DATE OF JUDGMENT: 26 October 2009 APPLICANT Mr P Tomasetti (SC) with Mr M Fraser (barrister) SOLICITOR Baron & Associates LEGAL REPRESENTATIVES: RESPONDENTS Mr C McEwen (SC) with Mr M Staunton (Barrister) SOLICITOR Wilshire Webb Staunton Beattie JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES Bly C 26 October 2009 10299 of 2009 Home Site Pty Limited v Waverley Council JUDGMENT Introduction 1 This appeal involves a development application for the erection of two nine-storey residential flat buildings above a common basement at 42 - 48 Waverley Street Bondi Junction. The buildings will contain 44 dwellings and the three - level basement will provide car parking for 50 vehicles. 2 The irregular shaped site has an area of 2,073 sq m and is presently occupied by four detached dwelling houses. These dwellings are to be demolished. 3 The site is situated at the intersection of Waverley Street and Botany Street about 200 m to the east of the Bondi Junction business district. The locality generally comprises medium to high-density residential development. Existing planning controls 4 Pursuant to Waverley Local Environmental Plan 1996 the site is zoned Residential 2(c1) - Medium and High-Density and in this zone the proposal is permissible with development consent. One of the aims of the LEP is to improve the amenity of residential areas and the objectives of the 2(c1) zone include the need to maintain and improve the amenity of the locality. There are no relevantly applicable development standards in the LEP. 5 However, certain applicable standards are to be found in Waverley Development Control Plan 2006. This DCP relevantly requires that, in the 2(c1) zone, the overall maximum building height is 12.5 m and three storeys. The maximum floor space ratio is 0.9:1. These standards are significantly exceeded by the proposed development and approval of the development application would involve a very substantial departure from these standards. Proposed planning controls 6 The site and surrounding lands are proposed to be zoned (R4) High-Density Residential under the draft Waverley Local Environmental Plan (Bondi Junction) 2008. In the R4 zone the proposal will continue to be permissible with development consent. The objectives of the R4 zone include the provision of a high-density residential environment surrounding the Bondi Junction commercial core with a variety of housing types. Unlike the existing LEP the draft LEP contains relevantly applicable development standards: a maximum floor space ratio of 2:1; and a maximum height of 28 m. I understand that the proposal complies with these development standards. 7 I also understand that the draft Waverley Development Control Plan 2008 is to come into effect concurrently with the gazettal of the draft LEP. The draft DCP adopts the planning provisions embodied within the draft LEP and updates the urban design controls for new buildings including aspects of integration between existing and new development. I understand that the proposal meets the requirements of the draft DCP. 8 The draft LEP was exhibited on two occasions. Prior to the issue of the second s 65 certificate the draft LEP was subject to a detailed review by the Department of Planning including consideration of various environmental studies commissioned by the council. Whilst it has been amended to satisfy departmental regional strategic and technical concerns none of the amendments involved the subject land. 9 In April 2009 the council commissioned an expert urban design and site modelling exercise to examine possible environmental and urban design impacts arising from the changes (including floor space ratio) to be implemented by the draft LEP. This exercise did not result in any changes being made to the draft LEP insofar as it applies to the subject site. 10 The draft LEP has now been adopted by the council and forwarded to the Department together with a report pursuant to s 68 of the Environmental Planning and Assessment Act 1979. That report recommends that the Minister for Planning make the plan. It is not known whether the draft LEP has progressed any further. Amendments to the EPA Act 11 In July 2009 the local environmental plan making provisions in Part 3 Division 4 of the EPA Act where the subject of significant amendments. Amendments were also made to Part 4 Division 2 of the EPA Act including s 79C that deals with matters for consideration in determining development applications was amended so as to refer to a "proposed instrument" rather than a "draft environmental planning instrument". 12 Notwithstanding these changes, cl 12(2) of the Environmental Planning and Assessment Regulations 2000 contains transitional provisions in relation to draft local environmental plans that were commenced prior to the above-mentioned amendments to the plan making provisions of the EPA Act. These provisions have the effect of "saving" the draft LEP with the former plan making provisions under the EPA Act thus continuing to be applicable. However the savings provisions do not apply to s 79C and development applications. 13 On the basis that a draft local environmental plan may not be a "proposed instrument", the subject draft LEP is not, as such, a relevant matter for consideration under s79C. Despite this the respondent accepts as do I that the draft LEP is, in the public interest, a relevant matter for consideration in dealing with the development application the subject of this appeal. Advertising 14 The development application was advertised and the council received 12 submissions, mainly objecting to the proposal. These submissions raise concerns in relation to: o Loss of views. o Overshadowing and loss of sunlight/daylight. o Increased traffic in Waverley Street. o Pedestrian safety in Waverley Street and Botany Street. o The proposed buildings would be too large for this part of Bondi Junction. o The likely wind tunnel effect 15 When the hearing began on site several of the residents who reside in properties immediately opposite the site in Waverley Street elaborated on these concerns. Also the effect of the proposed buildings on views from apartments in the multi-storey residential flat building opposite the site in Dalley Street was able to be understood when these dwellings were inspected. Town planning evidence 16 A joint expert town planning report was prepared by Mr L Fletcher (applicant) and Mr H Sanders (respondent). The town planners recognize that the proposal is permissible under the current LEP and is not dependent on the draft LEP for its approval. Indeed they agree that the proposal is acceptable on its merits and should be approved if the draft LEP and draft DCP were in force. In this regard they recognize that the proposal is also compliant with the relevant provisions of the adopted (but not yet effective) draft DCP. 17 However, Mr Sanders was of the opinion that the draft LEP was neither certain nor imminent because the statutory process has not been completed and the proposed development is not otherwise justified in the absence of the formalisation of the proposed controls. In reaching this conclusion he argues that there "... could be changes affecting the Minister and/or the policy direction of the State government... " that could influence the final form of the draft LEP. In short there is a possibility that the Minister might not make or might amend the draft LEP. 18 Mr Fletcher disagreed, explaining that taking into account the entire history of the preparation of the draft LEP that it is now in its "final stages" its making can be considered to be certain and imminent. In this context he notes that the Department has not raised any issue in relation to the proposed zoning or the provisions of the draft LEP in so far as it relates to the subject site or otherwise and suggests that the planning authority and the Minister "... will act in a rational manner... " and finalise the draft LEP. Contentions 19 Despite the concerns of the residents the Mr McEwen for the respondent submits that, on the evidence, there is one contention for the determination of the Court that being: "Whether consent should be granted to a development which is unacceptable on the current planning controls but acceptable on the draft planning controls in circumstances where those draft planning controls have not come into effect. " 20 More particularly the development application should be refused because it exhibits significant non-compliances with the DCP and the LEP. It cannot rely on the provisions of the draft DCP that is not in effect. Nor can the application rely on the draft LEP that has not been made by the Minister, notwithstanding that there is no dispute that it has "a high level of certainty and imminence." In this regard it is to be noted that the draft LEP cannot be gazetted until a s 69 report has been prepared by the Department and the plan has been made by the Minister. Importantly, pursuant to s 70 of the EPA Act the Minister has the power make, alter or not proceed with the local environmental plan. 21 In the circumstances the respondent is concerned that approval of this development application would be premature because there is always a possibility that the draft LEP might not be made or may be changed by the Minister. Hence, if development consent were to be granted and the draft LEP is not made then consent will have been granted for development that would be incompatible, out of context and have unacceptable amenity impacts in the locality. Therefore, notwithstanding the high level of certainty and imminence associated with the draft LEP, consent should not be granted. 22 Alternatively, the respondent submits that if development consent is to be granted, a cautious responsible approach is required: "... in the interest of the orderly and economic development of land and the public interest development consent should not be granted in the absence of a deferred commencement condition which prevents the consent becoming operative until the draft planning controls come into effect." 23 Mr Tomasetti for the applicant rejects the submissions made on behalf of the respondent and contends that on the basis of the reasoning that leads to the accepted high level of certainty and imminence, the "...well articulated and advanced..." draft LEP can be given determinative weight in favour of the development application. Also, considering the draft LEP and the draft DCP together there is no merit reason why the application cannot be approved without the need for a deferred commencement condition. 24 Equally, the applicant submits that to refuse the development application and insist on a low "...order of scale and density..." would not, in these town planning circumstances, provide for economic and orderly development of land in accordance with the objectives in s 5 of the EPA Act. Moreover to refuse development consent pending the making of the draft LEP would comprise an unreasonable burden on the applicant who would have to bear the holding costs of this development for a further period. Court's consideration 25 The principles associated with the concept of certainty and imminence in relation to the weight to be given to draft local environmental plans when considering development applications were considered by Pearlman CJ. in Architects Hayward and Bakker Pty Ltd v North Sydney Council (2000) NSWLEC 138 [33]: "Certainty and imminence of the making of a draft environmental planning instrument have long been applied in this Court as benchmarks for the attribution of weight in the consideration of a development application." 26 In that case her Honour considered the fact that the draft LEP had been exhibited twice and that resultant submissions were being examined with a view to forwarding the draft LEP to the Minister for making. She concluded that there was no doubt that the draft LEP "... will eventually be made, and to that extent it is certain and imminent... " notwithstanding that its precise final form was not certain. Relevantly she concluded in relation to the draft LEP that: "... the planning approach which it adopts must in my opinion be regarded as certain to be brought into force in the reasonably foreseeable future. Hence I place significant weight upon its provisions..." 27 Adopting a similar approach I am satisfied that this draft LEP, having followed the processing requirements of the EPA Act, (together with the draft DCP) should, for the purposes of this development application, be given determining weight on the basis of its "high level" of certainty and imminence. There are a number of important, relevant matters that contribute to this level of certainty (as to its contents) and imminence (as to its making): o The draft LEP has been the subject of various supporting environmental and strategic studies and has gone through extensive drafting processes o It has been issued with s65 certificates and been the subject of two public exhibitions over a period of some two years. o There have been extensive negotiations between the council and the Department and recommended changes have been incorporated. There have never been any concerns about this site in particular. o It is (leaving aside the resident objections to the development the subject of this appeal) uncontroversial. o It is, (as is the draft DCP), appropriately responsive to the State government's Metropolitan Strategy 2005 wherein Bondi Junction is designated as a sub regional centre. o The site is very close to the Bondi Junction railway station and commercial centre and is thus an appropriate location for housing at this density. o The draft LEP has been adopted by the council and forwarded to the Department with a s 68 report that recommends its making by the Minister. o There is no suggestion that the Department has any residual concerns or requires any further changes to it or that it will recommend to the Minister anything other than that the plan be made. 28 Whilst I accept that there is a possibility that the Minister might not make the draft LEP or might make it in a form where the proposed development would be inconsistent with its provisions, this is no more than a possibility. Indeed taking into account the absence of any objective planning evidence to suggest that the Minister will do anything other than make the plan as is presently proposed I agree with the applicant that this possibility is "so remote" that it should not attract any determinative weight. 29 Indeed as suggested by Mr Tomasetti there is a "presumption of regularity" that the Minister will behave in a "rational manner", and due course make draft LEP particularly as there is no evidence to suggest any basis for not doing so. 30 Also, in reaching my conclusion that development application should be approved I have given weight to the fact that the proposal is, at this time, permissible with consent (and will continue to be permissible under the draft LEP) and is consistent with the adopted draft DCP (notwithstanding that it is not presently in force). To the extent that the proposal might not be consistent with the present objectives of the 2(c1) zone and does not meet the present DCP standards, the weight that I attribute to the draft LEP and the draft DCP is sufficient to overcome these matters. 31 As for the question of whether or not there should be included in the development consent a deferred commencement condition (as referred to in paragraph 22), I apply the same reasoning that supports the "high level" of certainty and imminence of the draft LEP. This, together with my conclusion as to the remoteness of the possibility that the Minister might not make the plan, leads to the inevitable consequence that such a condition is unnecessary. 32 Finally, whilst I recognize the concerns of the neighbours and having decided to give determinative weight to the draft LEP (and the associated draft DCP) I agree with the town planners that these concerns are the "... inevitable consequences of the changes to the controls set out in draft LEP 2008" and are thus not determinative of the application. Conditions 33 As for the without prejudice conditions of consent, only conditions 2(c) and 9 were in dispute. The applicant made no submissions in relation to the not unreasonable condition 2(c) that requires the provision of ceiling fans to all bedrooms and it should be imposed. Condition 9 requires that there be no exclusive use of common property without the prior consent of the council. I agree with the applicant that this condition is unnecessary but could be addressed at the strata subdivision stage. Orders 34 I have therefore decided that: 1. The appeal is upheld. 2. The development application for the erection of two nine-storey residential flat buildings at 42 - 48 Waverley Street, Bondi Junction is determined by the granting of development consent subject to the conditions in Annexure A hereto. 3. Exhibit D is retained. ___________________ T A Bly Commissioner of the Court ljr/ajl Annexure 'A' Conditions of Consent Home Site –v- Waverley Council - 42-48 Waverley Street A. Approved Development 1. Approved Development The development must be in accordance with: (a) Architectural Plan Nos DA01, DA02, DA03, DA04A, DA05A, DA06A, DA07, DA08, DA09, DA10, DA11, DA12A, DA13A, DA14A, DA15A, DA16A, tables and documentation prepared by Kann Finch Group and VLP Design, dated 23.07.8, and filed with the Land and Environment Court on date 12 May 2009, (b) Landscape Plan No. LA01 Revision B and documentation prepared by Taylor Brammer Landscape Architects, dated 25.03.2009, and received by Council on 30 March 2009; (c) BASIX Certificate; (d) Schedule of external finishes and colours received by Council on 29 August 2008; and (e) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP 2006. except where amended by the following conditions of consent; 2. general modifications The proposal shall be amended as follows: (a) The planter along the southern edge of the roof terraces located between Buildings A and B at the First Floor level is to be enlarged and the planting in this enlarged planter is to be augmented to include at least 4 (four) canopy trees" (b) Access to the communal clothes drying area and the composting and green waste storage area shall be amended to ensure that a direct pathway is available from the stairs from the underground car park in the south western corner of the site. The pathway shall be contained on the site and shall not encroach upon the Right of Way (existing driveway) along the western boundary of the site nor shall this driveway be used for access to these areas due to privacy impacts upon No. 40 Waverley Street. The ROW shall remain clear at all times for vehicular access to the garage at No. 40 Waverley Street. The new pathway will require amendment and a reduction in size of the courtyards and private open space of unit No.1. (c) Ceiling fans to be provided to all bedrooms. (d) Skylights shall be provided to internal hallways and bathrooms at the top floor levels. All skylights are to have ventilation. (e) Privacy screens shall be provided to rear balconies on the western side of Building A to a height of 1500mm to protect the privacy of No. 40 Waverley Street. (f) One of the visitor car spaces shall be shared as a loading space and shall be signed posted as priority for loading and unloading of vehicles. (g) Two motor cycle parking spaces are to be provided within the basement car park. The spaces shall be clearly signed for motorcycle use only. (h) A warning system is to be provided at the entrance driveway to ensure that conflicting vehicles do not collide on the entrance driveway. (i) Landscaping adjacent to the vehicle crossing is to be minimised to provide adequate sight lines to pedestrians on the footpath. (j) Plans are to show compliance with Waverley Development Control Plan – Part I Clause 6.4.3 regarding pedestrian safety at point of vehicle access to the site. (k) A Traffic Operations Plan shall be submitted which is to include vehicle routes and access to and from the site following construction, to the satisfaction of the Local Traffic Committee. The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. 3. Deleted 4. APPROVED DESIGN - RESIDENTIAL FLAT DEVELOPMENT The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the internal layout or external appearance of the building, without the approval of Council. 5. architect to supervise design The preparation of the Construction Certificate plans shall be supervised and to the satisfaction of Kahn Finch Group (the 'architect') in accordance with the requirements of State Environmental Planning Policy No. 65 - Design Quality of Residential Flats. 6. COMPOSTING The development shall accommodate the provision of a composting service for residents and the scheme shall be under the responsibility of the Body Corporate and provided prior to issuing of the Occupation Certificate. 7. TELECOMMUNICATION FACILITIES ON MULTI-UNIT DWELLINGS Telecommunication facilities on new multi-unit dwellings are opposed. The Owners' Corporation is prohibited from entering into leasing agreements with telecommunication companies to erect or install any commercial telecommunication device (other than for the explicit use of the occupants) on the building. 8. EXCAVATION TO BE LIMITED Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent. 9. Deleted. 10. consultation railCorp The applicant must consult with RailCorp as the proposed development involves significant excavation just outside the zone of influence of its rail corridor. The requirements of RailCorp, if any, must be reflected in the Construction Certificate plans for the development prior to its release under the Environmental Planning and Assessment Act 1979. B. Compliance Prior to Issue of Construction Certificate 11. SECTION 94A CONTRIBUTION A cash contribution is payable to Waverley Council pursuant to Section 94A of the Environmental Planning and Assessment Act 1979 and the ' Waverley Council Development Contributions Plan 2006' in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to Council: (i) Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report" ; or, (ii) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". (b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000. Waverley Council Development Contributions Plan 2006 may be inspected at Waverley Council Customer Service Centre, 55 Spring Street, Bondi Junction. Advisory Note o A development valued at $100,000 or less will be exempt from the levy. o A development valued at $100,001 - $200,000 will attract a levy of 0.5%. o A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the development. 12. LANDSCAPING BOND The owner/applicant is to lodge with Council a bond of $30,000 either as cash or by way of an unconditional bank guarantee to ensure the care and maintenance to the landscaping of the development; prior to the issue of a Construction Certificate. The bond will be released three (3) months from the completion of the landscaping works to ensure sufficient establishment of those works. 13. security deposit A deposit or guarantee satisfactory to Council for the amount of $50,000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work. This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit. 14. long service levy A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more. 15. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and (b) a Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and (c) Council is given at least two days Notice in writing of the intention to commence the building works. The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority. 16. essential services - new building Details of the proposed essential fire safety measures/services shall be submitted to Council with the application for a Construction Certificate or be attached to the Construction Certificate, including a certificate, prepared by a person competent to do so, setting out the: (a) basis of design; (b) standard to which the system is to be installed; and (c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts, hydraulic schematics etc and calculations shall be submitted for Council's records. At the completion of the installation, certification containing the following information shall be attached to the application for an Occupation Certificate or to the Occupation Certificate: (a) inspection, testing and commissioning details; (b) date of inspection, testing and commissioning; (c) the name and address of the individual who carried out the test; and (d) a statement that the service has been designed, installed and is capable of operating to the above standard. 17. noise attenuation in residential flat buildings Noise attenuation is to be achieved in all residential units within the building by a minimum of the following standards: (a) A wall shall have a Field Sound Transmission Class (FSTC) of not less than 50 if it separates sole occupancy units or a sole occupancy unit from a stairway, public corridor, hallway or the like; (b) A wall separating a bathroom, sanitary compartment, laundry or kitchen in one sole occupancy unit from a habitable room (other than a kitchen) in an adjoining unit shall have a FSTC of not less than 55; (c) A wall or floor shall have a FSTC of not less than 55 if it separates a sole occupancy unit from a plant room; (d) A floor separating sole occupancy units must not have a FSTC of less than 50; and (e) A floor separating a bathroom, sanitary compartment, laundry or kitchen in one sole occupancy unit from a habitable room (other than a kitchen) in an adjoining unit shall have an Impact Isolation Class of not less than 55. Details are to be provided on the plans to the satisfaction of the Principal Certifying Authority prior to the issue of the Construction Certificate. 18. hoarding required A standard B-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding. 19. GEOTECHNICAL ENGINEERS REPORT A geotechnical report, regarding the stability of the subject site and stating that damage should not occur to any adjoining premises as a result of the proposed bulk excavation, driven type piles and shoring works, is to be submitted to the Principal Certifying Authority, Council and the owners of adjoining premises. The report is to be submitted prior to the issue of a Construction Certificate and commencement of any such works on the site. 20. DETAILS OF BULK EXCAVATION, SHORING ORPILE CONSTRUCTION A report shall be prepared by a suitably qualified and practising Structural Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The Report shall be submitted to the Principal Certifying Authority, Council and the owners of adjoining properties prior to the issue of a Construction Certificate. Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate. 21. SITE WASTE AND RECYCLING MANAGEMENT PLAN A Site Waste and Recycling Management Plan (SWRMP) Checklist Part 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible. The builder and all subcontractors shall comply with the approved SWRMP (Part 1 and 2) at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction. 22. EROSION, SEDIMENT AND POLLUTION CONTROL Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate. 23. Construction Vehicle Plan of Management Submission of a "Construction Vehicle Plan of Management" for the routing and control of construction vehicles accessing and exiting the site. Such plan to address the hours of operation, the employees' vehicles, holding areas for vehicles wanting to access the site and truck works and provide a means of ensuring vehicular and pedestrian access to adjoining resident's properties for the duration of the works. The "Construction Vehicle Plan of Management" is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any demolition, remediation or construction on the site. 24. STORMWATER MANAGEMENT Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2006 (Amendment No. 2) - Part B, Clause 11, prior to the issue of a Construction Certificate. 25. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate. 26. VEHICULAR ACCESS Vehicular access and gradients of vehicle access driveway(s) within the site are to be in accordance with Australian Standard 2890.1 Parking Facilities - Off Street Car Parking with details provided on the plans prior to the issue of the Construction Certificate. 27. BICYCLE PARKING A total of forty-one (41) resident bicycle parking spaces and eleven (11) visitor bicycle spaces are to be provided. Such spaces are to be provided by way of a secure lockable area, individual lockers or suitable bicycle racks and are to be located within the ground floor foyer or adjacent within any forecourt or within the car parking area. Details are to be indicated on the plans prior to the issue of the Construction Certificate. 28. ACCESSIBLE CAR SPACE The car spaces shall be identified and reserved at all times and be in the vicinity of a lift or as close as possible to public areas and facilities. The car spaces shall have minimum dimensions of 3.2m x 5.5m and minimum headroom clearance of 2.5m for vehicles fitted with a roof mounted wheelchair rack. A notice shall be displayed at the entrance to the car park and at each change in direction indicating the location of car spaces and the maximum headroom for vehicles. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 29. ACCESS TO MAIN ENTRY Access in accordance with AS1428.2 shall be provided to and within the main entrance and exit points of the development. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 30. ADAPTABLE HOUSING Access in accordance with AS4299 - Adaptable Housing shall be provided to at least five units in the development. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 31. archival recording An archival record shall be prepared of the existing buildings for deposit in Waverley Council's Archive. This record must be carried out prior to the removal of any significant building fabric or furnishings from the site and must be submitted to Council prior to the commencement of any demolition work and the issue of a Construction Certificate. The record shall comprise photographic documentation of the site and its context, and the exteriors and interiors of the existing buildings, photographed where appropriate, using a camera/lens capable of 'perspective correction', comprising: (a) adjacent buildings, building elevations, and important interior and exterior architectural spaces and features of the building/site; (b) a summary report of the photographic documentation; and (c) photographic catalogue sheets, which are referenced to a site plan and floor plan, no larger than A3 paper size, and indicating the location and direction of all photos (black & white prints and slides) taken. 32. BASIX The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979. 33. TREE PLAN All trees and shrubs on the subject and neighbouring properties identified for retention and within 7.5m of the building work are to be provided with a tree guard and a notice on each guard indicating "This tree is the subject of a Tree Preservation Order by Waverley Council." This notice is to be in place prior to commencement of any building or demolition work. Only trees with the approval of Council for removal may be removed from the site. + Trees to be retained and protected Species Location Action Retain and protect Metrosideros excelsa Shown as tree 13 on Landscape plan, Drawing no LA01 A, dated 14.8.08 *TPZ of 4.0m from the middle of the trunk to be installed as per the conditions below Retain and protect Camellia sasanqua Shown as tree 14 on Landscape plan, Drawing no LA01 A, dated 14.8.08 *TPZ of 2.5m from the middle of the trunk to be installed as per the conditions below Retain and protect Citrus limon Shown as tree 23 on Landscape plan, Drawing no LA01 A, dated 14.8.08 *TPZ of 2.5m from the middle of the trunk to be installed as per the conditions below Transplant on site under the supervision of a qualified arborist or tree transplanter Plumeria acutifolia Shown as tree 15 on Landscape plan, Drawing no LA01 A, dated 14.8.08 Once transplanted a *TPZ of 3.0m from the middle of the trunk is to be installed Transplant on site under the supervision of a qualified arborist or tree transplanter Plumeria acutifolia Shown as tree 19 on Landscape plan, Drawing no LA01 A, dated 14.8.08 Once transplanted a *TPZ of 3.0m from the middle of the trunk is to be installed. *TPZ- Tree Protection Zone TPZ – A 1.8m chain link wire fence shall be erected around the above trees to be retained to protect them from damage during construction. Fencing is not to be removed until all building work has been completed. Fencing to be installed to the dimensions outlined in the table above. Soil levels are not to be changed around any trees. No mechanical excavation shall be undertaken within the tree canopy spread (within the dripline). If any tree roots are exposed during any approved works then roots smaller than 30mm are to be pruned as per the specifications below. Any roots greater than 30mm are to be assessed by a qualified arborist before any pruning is undertaken. If tree roots are required to be removed for the purposes of constructing the approved works they shall be cut cleanly by hand, by an experienced Arborist/Horticulturist (with a minimum of the Horticulture Certificate or Tree Surgery Certificate). It is the arborist's responsibility to determine if such root pruning is suitable. If there are any concerns regarding this process then Waverley Council's Tree Management Officer is to be contacted to make final determination. If any trees on neighbouring properties require pruning then permission must be gained from the owner of the tree(s) and an Application to Prune or Remove Trees on Private Property is then to be presented to Council for processing. 34. amended landscape plan The Landscape Plan is to be amended by the following changes: (a) Species selection of Eucalyptus punctata shall be substituted with Eucalyptus haemastoma. Species numbers shall be increased from 6 to 12 trees with consideration given to clump plantings (b) Garden beds for boundary planting shall be no smaller than 2m wide to allow sufficient room to grow for the selected species. Species on the boundary shall be planted no closer than 1m from any boundary or structure. (c) New locations of the transplanted frangipanis are to be shown on the plan (d) A care and maintenance plan for the transplanted frangipanis is to be presented to Council for final approval The amended landscape plan is to be submitted to Waverley Council's Tree Management Officer with the plans for the Construction Certificate for final approval. C. Compliance Prior to and During Construction 35. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work. 36. home building act The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences. 37. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works. 38. EXCAVATION AND BACKFILLING All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property. 39. excavation below footings If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner; and (c) must, at least seven days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. 40. obstruction to public areas If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected; (b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided. 41. TOILET FACILITIES Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water. 42. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation. 43. DILAPIDATION REPORT A dilapidation report prepared by a practising Structural Engineer shall be submitted to the Principal Certifying Authority, Council and the owners of the adjoining properties prior to the commencement of demolition, bulk excavation or building works, detailing the current condition and the status of all buildings (both internal and external), including ancillary structures located upon the adjoining properties. 44. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall: (a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998); (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials. 45. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW. 46. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the DECC's Managing Urban Stormwater: Construction Activities. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request. 47. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls. 48. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system. 49. SEDIMENT REMOVAL FROM VEHICLE WHEELS A vehicle wheel wash, cattle grid, wheel shaker or other appropriate device, shall be installed in accordance with the approved Soil and Water Management Plan for the site prior to the commencement of any site works or activities. 50. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval. 51. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW. Noise from construction activities shall comply with the Protection of the Environmental Operations (Noise Control) Regulation 2000. 52. USE OF HEAVY EARTH MOVEMENT EQUIPMENT Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday. 53. CONSTRUCTION NOISE - PERIODS GREATER THAN 4 WEEKS The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 10dB(A) when assessed at any sensitive noise receiver. 54. BUILDING CODE OF AUSTRALIA All building work must be carried out in accordance with the requirements of the Building Code of Australia. 55. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (RESIDENTIAL FLAT DEVELOPMENT AND OTHER RESIDENTIAL CLASS 2, 3 AND 4) The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planing and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 2, 3 and 4 building: (a) at the commencement of the building work; (b) prior to covering of waterproofing in any wet area for a minimum of 10% of rooms with wet area within a building; (c) prior to covering any stormwater drainage connections; and (d) after the building work has been completed and prior to any Occupation Certificate being issued in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work; (b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams and columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls). Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction. 56. CERTIFICATE OF SURVEY - LEVELS All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building. 57. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building. 58. IN-SINK WASTE DISPOSAL SYSTEMS The installation of in-sink waste disposal systems is prohibited. 59. MECHANICAL VENTILATION (a) The premises are to be ventilated in accordance w iht he requirements of thie Bulding Code of Australia and relevant Australian Standards. (b) The mechanical ventilation system shall comply with t heBuilding Code of Australia and Australian Standard AS 1668.2.2002 (Parts 1 and 2). Prior to installation, the design is to be certified by a person competent to do so. At completion of the installation of the system and prior to the issue of the Occupation Certificate, the work shall be certified by a person competent to do so. The certification shall include: (i) inspection, testing and commissioning details; (ii) date of inspection, testing and commissioning details; (iii) the name and address of the individual who carried out the test; and (iv) a statement that the service has been designed, installed and is capable of operating to the above standard. 60. NOISE FROM MECHANICAL VENTILATION The noise emanating from the mechanical ventilation system shall be in accordance with the requirements of Appendix B of the Australian Standard AS 1055.2-1984 (Description and Measurement of Environmental Noise). 61. ENCROACH BEYOND THE BOUNDARIES No portion of the proposed works including the footings and roof eaves, to encroach beyond the boundaries of the subject property. 62. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings. 63. HOT TAP WATER SCALDING To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene. 64. SMOKE ALARM SYSTEM A smoke alarm system is to be installed within the building in accordance with the requirements of the Building Code of Australia. 65. RESIDENTIAL FLAT BUILDINGS - BALCONIES NOT TO BE ENCLOSED The private open balconies attached to the proposed building are not to be enclosed at any future time, in accordance with the provisions of Council's General Policy. In this regard, the door openings within the external walls adjoining the private open balconies to be constructed so as to prevent the penetration of rain or other waters to the inner part of the building. 66. EXCAVATION TO BE MANAGED BY STRUCTURAL ENGINEER Bulk excavation is to be managed by a practising structural engineer, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate. 67. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building. 68. TREE PROTECTION Precautions shall be taken when working near trees to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a nominated perimeter. + Trees to be removed Species Location Action Camellia sasanqua Shown as tree 18 on Landscape plan, Drawing no LA01 A, dated 14.8.08 Remove and replace Hibiscus sp Shown as tree 22 on Landscape plan, Drawing no LA01 A, dated 14.8.08 Remove and replace Various sp As shown on Landscape plan, Drawing no LA01 A, dated 14.8.08 Remove and replace In line with Council's policy to maintain and increase tree cover in the Council area, all trees where consent has been given to remove are to be replaced with a local native tree of minimum container size of 45 litres / height of up to 2 metres. Proposed planting as per Landscape plan, Drawing no LA01 A, dated 14.8.08 and the compliance with the recommended landscape plan shall be sufficient to cover this requirement. The replacement local native trees to be planted shall be maintained in a healthy and vigorous condition until they attain a height of 4.0 metres whereby they will be protected by Council's Tree Preservation Order. Any of the trees found faulty, damaged, dying or dead shall be replaced with the same species at no cost to Council. 69. REDUNDANT VEHICLE CROSSINGS TO BE CLOSED All redundant vehicle crossings are to be closed and all work associated with the closure is to be carried out with the approval of, and in accordance with, the requirements of Council. 70. NEW VEHICLE CROSSING A new vehicle crossing is to be provided to access the proposed basement garage. A separate application is required for the modified vehicle crossing, with all work to be carried out with the approval of and in accordance with the requirements of Council. All new vehicle crossings to be Wheel Strips instead of full width concrete driveway wherever feasible. 71. VEHICULAR ACCESS - FINISHED LEVEL The finished level at the property boundary on both sides of the vehicle crossing is to match the level of the existing concrete footpath. 72. work outside property boundary All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense. D. Compliance Prior to Occupation or During Occupation 73. SYDNEY WATER A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92. Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the linen plan/occupation of the development. 74. noise attenuation certificate On completion of any building containing residential units and prior to the issue of the Occupation Certificate the applicant shall: (a) Engage and an Australian Association Acoustic Consultant to conduct a test for noise attenuation to classify the buildings performance on the National Star Rating Table and to confirm compliance with Condition 17; and (b) Lodge with Council for public record, the noise attenuation star rating results. 75. NOISE - PLANT AND EQUIPMENT A Certificate is to be submitted at the completion of all work and prior to the issue of an Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment including the mechanical exhaust ventilation system and freezer and refrigeration motors comply with the terms of approval in relation to noise. 76. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied. 77. waste storage The following requirements apply to waste management: (a) A waste management plan must be submitted to Council to include all waste removal arrangements such as the Contractor, recyclables and all other waste (collection and disposal), prior to the occupation of the premises. (b) Provide a separate waste storage area suitably covered, bunded and drained to the sewer. The waste storage receptacles must be maintained in good order and repair at all times. 78. DISPLAY OF WASTE MANAGEMENT PLAN The occupant/body corporate shall be provided with at least one copy of the Waste Management Plan. An additional copy of the plan shall be displayed in a secure, visible and accessible position within or adjacent to the waste storage area. The approved Waste Management Plan must be complied with at all times during occupation. 79. LIGHTING Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting. 80. COMPOSTING The development shall accommodate the provision of a composting service for residents and the scheme shall be under the responsibility of the Body Corporate and provided prior to issuing of the Occupation Certificate. 81. TACTILE NUMBER IN LIFT The applicant is advised that with regard to the provision of the lift in the building, it will be necessary for tactile numbers to be placed on each level of the building and within the lift to assist visually impaired people. 82. STREET NUMBER/S The street number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts the street. Should the number be fixed to an awning then it shall be a minimum 150mm high. 83. VISITOR PARKING SPACES Four (4) of the car parking spaces shall be designated, linemarked and signposted as a visitor's car parking space only prior to the issue of the Occupation Certificate. The visitor parking spaces shall not at any time be allocated, sold or leased to an individual owner/occupier and shall be strictly retained as common property by the Owners Corporation of the site. The visitor spaces shall be conveniently located and accessible to visitors by the location of an intercom (or card controller system) at the car park entry and wired to all units (prior to issuing an Occupation Certificate). 84. PARKING PERMITS In accordance with Council's Policy, Residents Preferred Parking permits will not be issued for this development when completed. 85. LIGHTS All external area lights and carparks to multi-unit dwellings shall be on sensor switches to save energy and reduce light spill to the sky; low voltage solar powered lights to front entry footpaths are acceptable for continuously illuminated lighting. __________________________ T A Bly Commissioner of the Court ljr 10/11/2009 - New paragraph 34, amendment to conditions 2 & 9 - Paragraph(s) 34 16/11/2009 - Amendment - Paragraph(s) Para 30 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.