General Manager

(i)         Any environmental planning instrument:

Figure 3: Site Zoning – R3 Medium Density Residential

Figure 4: Section plan showing variation to 9.5m height control.

Figure 5: Building Height Map Context (9.5m Subject Site).

Figure 6: Floor Space Ratio Map Context (0.7:1 Subject Site).

Figure 7: Heritage Map Context.

(ii)       Any development control plan

Accessibility

Part F – Access and Mobility

An amended accessibility report was submitted.

It is noted that the roof top terraces of the adaptable units are not accessible.   Therefore, the largest areas of POS which receive the most solar access would not be accessible.  This is a poor amenity outcome.

Any proposed any lift overrun structure on the roof tops would breach the 9.5m height control.

Landscaping

Part J – Landscaping

Objection on the basis of tree impacts, lack of deep soil.

-      1:1 tree replacement ratio required at a minimum for all trees onsite proposed to be removed.

-      Landscaped area refers to the minimum site area that is deep soil landscaping. Deep soil landscaping as defined by the ADG 2015: Deep soil zones are areas of soil not covered by buildings or structures within a development. They exclude basement car parks, services, swimming pools, tennis courts and impervious surfaces including car parks, driveways and roof areas.  The current proposal shows 17% of the site area is deep soil landscaping which is only half of the required 35% of the LCC DCP Part J landscaping.

-      Lane Cove Council declared climate emergency in 2019 and as a result of this declaration will not allow any net loss of canopy cover on development sites.

See draft reasons for refusal.

Tree Preservation

Part J – Landscaping

Objection on the basis of tree impacts. See draft reasons for refusal.

Engineering

Part O – Stormwater Management

The stairwells from the roof top terraces are open to the sky and do not have protection from rain. The Drainage Plans indicate that ‘All roofwater to drain to rainwater tank’ However the design does demonstrate how stormwater will be dealt with that falls directly into the stairwell or how drainage will be resolved and not flood the level below. This is not an acceptable stormwater management outcome.

Waste Management

Part Q – Waste Management and Minimisation

An amended Waste Management Plan was submitted and supported by Council’s environmental health officer. 

Traffic, Transport and Parking

Part R – Traffic, Transport and Parking

No objection on the basis of revised plans and traffic report which removed non-compliant ramp.

Building Surveyor

N/A

No objection including the provision of draft conditions.

Environmental Health

Part B – General Controls (Part B6/B7)

Applicant has submitted an Acoustic Report, an amended Waste Management Plan (WMP), Preliminary Site Investigation (PSI). However, an Environmental Management Plan, Construction Noise Management Plan still outstanding. The proposal cannot be determined without this information.

Heritage

Part B9 – General Controls. Development in proximity to heritage items requires a Heritage Impact Statement (HIS).

Council’s heritage consultant reviewed the HIS and raised no objection. They noted that the height is consistent with other two-storey residences in the vicinity.

(b) The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

(c)  The suitability of the site for the development

(d) Any submissions made in accordance with this Act or the regulations

(e) Public Interest

No. bedrooms

Average occupancy

Amount of contribution per dwelling

No. of Dwellings

Total contribution

3 Bedrooms

2.4 persons

$11,044.52 x 2.4 = $26,507.808

Capped Rate $20,000.00 per dwelling

17 x $20,000.00

$340,000.00

TOTAL

$340,000.00

No. bedrooms

Average occupancy

Amount of contribution per dwelling

No. of Dwellings

Total contribution

2+ Bedrooms

N/A

Capped Rate $20,000.00 per dwelling

6 x $20,000.00

$120,000.00

TOTAL

$120,000.00

RECOMMENDATION

That pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act, 1979 the Lane Cove Local Planning Panel at its meeting of 3 May 2022, exercising the functions of Council as the consent authority, refuse Development Application DA131/21 for the demolition of existing structures, and construction of a multi-dwelling housing comprising 17 townhouses with basement car parking at 21-25 Austin Street Lane Cove. The proposal is recommended to be refused for the following reasons:

Aims of Lane Cove Local Environmental Plan 2009:

1.          The proposed development does not meet the aims of Lane Cove Local Environmental Plan 2009.

Particulars:

(a)  The proposed development would not preserve and improve the existing character, amenity and environmental quality of the land and the expectations of the community.

(b)  The proposed development does not meet the aims which are outlined in Clause 1.2(c) of the LEP 2009 as it would not provide a housing mix and density that would be compatible with the existing environmental character of the locality, and does not have a sympathetic and harmonious relationship with adjoining properties.

Density:

2.         The development application is recommended for refusal because the subject site does             not meet the minimum site area required for 17 multi-dwelling units.

            Particulars:

(a)  Section 2.2(c) in Part C2 of LCDCP 2010 sets out the provision for density as follows:

·    “An average site area 250m² per attached dwelling or multi-dwelling unit (including common areas) is required”.

(b)  The average site area of each townhouse is 217m². The area is 33m² below from the required minimum site area for multi-dwelling units.

(c)  The overall density of the proposed development is not considered to be consistent with the desired built form for the site.

Trees, Landscaping and Deep Soil:

3.         The development application is recommended for refusal because the subject site does not meet the minimum area requirements for landscaping and deep soil and  includes excessive tree removal. 

            Particulars:

(a)  Section 2.6 (b) in Part C2 of the LCDCP 2010 requires minimum of 35% (unencumbered deep soil) of the site is to be landscaped area with a minimum width of 3.0m. For attached dwellings, this refers to each allotment individually.

(b)  Section 1.6 in Part J of the LCDCP 2010 defines that 35% of the landscaped area to be deep soil.

(c)  Section 2.2.1 Tree Preservation Objective of the Part J LCDCP 2010 requires the retention of the maximum possible number of existing trees,

(d)  The application proposes the removal of 46 trees and is considered to have a detrimental environmental impact. The proposal does not provide adequate deep soil to accommodate replacement canopy trees at a 1:1 ratio.

Amenity:

4.     The proposed development does not achieve acceptable amenity in terms of building separation, solar access, and private open space.

       Particulars:

(a)  The proposed development does not comply with section Part C.2 section 2.9.2 Solar Access of LCDCP2010:

(i)         7 of the proposed town houses do not achieve 3 hours minimum solar access to habitable room windows or ground floor POS at mid-winter; and

(ii)        Windows to habitable rooms of the neighbouring property at No. 5 Austin Street do not receive 3 hours minimum solar access at mid-winter.

(b)  The proposal does not comply with Part C.2 section 2.9.3 (a) and (d) of LCDCP 2010. The majority of townhouses have less than 50m² of private open space that is directly accessible from the living area. (i.e. rear yards off living room at ground floor).

(c)  The proposal does not comply with Part C.2 section 2.9.1(c) and (d) of the LCDCP 2010 relating to building separation. A number of townhouses do not achieve adequate separation distance between habitable rooms resulting in adverse visual and acoustic privacy impacts.

Building Design:

4.   The proposed retaining walls on the southern façade facing No. 5 Austin Crescent includes retaining walls adjacent to the boundary which are up to 2.6m higher than the boundary  fence line.

Accessibility:

5.   The proposed adaptable apartments do not comply.

      Particulars:

      The three (3) proposed adaptable units (TH13, TH14 and TH15) do not have lift access to

      their primary outdoor private open space areas.

Lack of Information:

6.     The proposal does not include adequate information to make an assessment.

        Particulars:

        The proposal includes a variation with the height control under clause 4.3 of the Lane Cove LEP 2009.  No clause 4.6 variation statement was submitted to support the variation. Under Clause 4.6 (3) Council cannot grant consent to a development that contravenes a development standard unless a written request to justify the contravention of the development standard.

PART F - ACCESS AND MOBILITY

DCP Controls

Proposal

Complies

3.5 Adaptable and Visitable Housing (residential flats and dual occupancies)

Adaptable housing to be provided at the rate of 20% of all dwellings in a Class 2 development.

One adaptable apartment (Unit 4) and has been designed to meet the minimum adaptable dwellings provisions.

Yes – subject to a condition requiring that two adaptable units are to be provided

Dwellings are to be visitable at the rate of 80% in developments requiring adaptable housing.

All seven apartments are visitable.

Yes

3.8 Access to, and within, buildings

1.  Access is to be provided in accordance with BCA Clause D3.1 and in accordance with Table 1:

-    Residential Flat Building 2;

-    Car park Class 7a

From a required accessible entrance to at least 1 floor containing SOU’s and to the entrance doorway of each SOU on that level. To and within 1 of each type of room or space for use in common by the building occupants.

Access to residential units and commercial spaces would meet the requirements of BCA

Yes

High density developments

No. bedrooms

Average occupancy

Amount of contribution per person

No. of Dwellings

Total contribution

One Bedrooms

1.2 persons

$11,044.52 x 1.2 =

$12,770.40 per dwelling

Three x $12,770.40

$38,311.20

Two Bedrooms

1.9 persons

$11,044.52 x 1.9 =

$20,219.80 per dwelling (capped at $20,000)

Three x $20,000.00

$60,000.00

Three Bedrooms

2.4 persons

$11,044.52 x 2.4 =

$26,506.85 per dwelling (capped at $20,000)

One x $20,000.00

$20,000.00

TOTAL:

$118,311.20

RECOMMENDATION

That the Lane Cove Planning Panel approve the proposed variations to the Building Height development standards in Clause 4.3(2) in Lane Cove Local Environmental Plan 2009, as the applicant’s written request does adequately address the matters required to be demonstrated. The proposed development would not be contrary to the public interest because it is consistent with the objectives of the standard, the objectives for development in the zone and there are environmental planning grounds to justify the variations.

The Lane Cove Local Planning Panel, at its meeting of 3 May 2022, in exercising its duties as the consent authority, pursuant to Section 4.16(1)(b) of the Environmental Planning and Assessment Act 1979, approve the subject Development Application DA161/2021 for the shop top housing development on land at No. 235 Burns Bay Road Lane Cove West subject to the following conditions:

General Conditions

1.       Approved Plans and Documents: That the development be strictly in accordance with Drawing Nos.:

· A101-102, A202, A301 & A516 Issue B dated 08.12.2021,

· A103-105 & A201 Issue A dated 18.10.2021 prepared by BJ Architects; and

· LP02-08 Revision F dated 14 April 2022 prepared by Affordable Design Solutions. 

         except as amended by the following conditions.

            Reason: To ensure the development is in accordance with the determination.

2.      Design Amendments All proposed studies on Level 1 are to have a highlight window.

         Reason: To ensure adequate amenity levels are provided for future occupants.

3.       Section 7.11 Contribution.  The payment of a contribution for additional person/s and commercial floor space in accordance with Council’s Section 7.11 (S94) Contributions Plan shall be paid prior to the issue of any Construction Certificate. This payment is to be at the current 2021/2022 rate at the time of payment. The amount of $136,558.20 is required to be paid.  

NOTE:  PAYMENT MUST BE IN BANK CHEQUE.  PERSONAL CHEQUES WILL NOT BE ACCEPTED.

This contribution is for Community facilities, Open Space/Recreation and Roads under the Lane Cove Section 7.11 (S94) Contributions Plan which is available for inspection at the Customer Service Centre located at Lane Cove Council, No. 48 Longueville Road, Lane Cove.

N/B        The Section 7.11 Contribution is calculated as the follows:

*N/B The reforms to Local Development Contributions have a cap of $20,000 per residential lot or per dwelling limitation on local development contributions

The contribution is also partly based on 131sqm and the current rate of $139.26 per sqm of additional commercial floor space which is a total of $18,247.00.

Reason: Statutory requirement.

4.     Disabled Access - Prior to the issue of the Construction Certificate, a report is to be provided from a suitably qualified access consultant to verify that the construction certificate plans illustrate a minimum 20% of units as adaptable and 80% as visitable in accordance with Lane Cove Development Control Plan 2010, including a mix of 1, 2 and3-bedroom units and that the units comply with the Building Code of Australia and Australian Standards AS1428.1, AS4299, AS1735.12 and AS2890.6. A total of two adaptable apartments are to be provided within the development. These apartments are to comply with the requirements as outlined in AS4299. The report is to be provided to the Principal Certifying Authority and Council (if Council is not the PCA).

   Reason: To ensure accessibility requirements are met.

5.         Design Verification. Prior to the relevant Construction Certificate being issued with respect to this development, the Principal Certifying Authority is to be provided with a written Design Verification from a qualified designer. This statement must include verification from the designer that the plans and specification achieve or improve the design quality of the development to which this consent relates, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 – Design Quality of Residential Flat Development. This condition is imposed in accordance with Clause 143 of the Environmental Planning and Assessment Regulation 2000.

   Reason:          Statutory requirement.

6.         Parking Allocation Both the owner and occupier of the development and/or the strata body must provide and maintain the minimum parking allocation as follows;

1.   Seven residential spaces including two accessible and one carwash bay space;

2.   Four commercial spaces including one accessible space;

3.   One motorbike space; and

4.   Nine bicycle spaces.

   Reason:  To ensure parking spaces are provided in accordance with the determination

7.         Crime Prevention Through Environmental Design: The following Crime Prevention Through Environmental Design requirements must be complied with:

(a)  The site will need to be clearly identified through a business name and street number and be visible from the street. This will enable all emergency services to locate the premises.

(b)  Appropriate signage should be erected inside and around the perimeter of the entire property to warn of security treatments in place e.g. “This site is under 24 hour video surveillance”.

(c)  Bicycle parking should be in a secure area and covered with CCTV cameras.

(d)  Mail boxes and parcel delivery areas should be secure and covered with CCTV cameras. If possible, a secure method for parcel delivery should be set up in the building.

(e)  If the site has storage cages they should be made of solid materials that can’t be cut open and covered by CCTV cameras. Signs should be placed in the area warning residents not to leave valuable items in storage cages.

(f)  Lighting in and around the proposed development should comply with Australian Standard AS: 1158 and should provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Note that high or low pressure sodium ‘orange’ lighting is not compatible with quality surveillance systems. Internal lighting should be controlled from ‘Staff only’ areas, away from public access. If this is not possible, use tamper-resistant switches. Luminaries (light covers) should be designed to reduce opportunities for malicious damage.

(g)  Lighting within the site will need to be positioned in a way to reduce opportunities for offenders to commit crime i.e. vandalism and graffiti. The lighting will need to be sufficient to enable people to identify signs of intoxication and anti-social behavior. The lighting will also need to be sufficient to support images obtained from any CCTV footage. Please note that some low- or high-pressure lighting is not compatible with surveillance systems.

(h)  Doors should be of solid construction and should be fitted with quality deadlock sets that comply with the Building Code of Australia and Australian Standards – Lock Sets AS:4145.

(i)   Windows within the site should also be of solid construction. These windows should be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS:4145. Glass within doors and windows should be reinforced to restrict unauthorised access. The glass can be either fitted with a shatter-resistant film or laminated to withstand physical attacks.

(j)   An electronic surveillance system should be included to provide maximum surveillance of all areas of the site including entry/exits, car parks, bicycle parking, mail areas and common areas. Cameras should also cover public footpath areas around the premises. The system should be capable of recording high-quality images of events. The recording equipment should be locked away to reduce the likelihood of tampering.

(k)  An emergency control and evacuation plan should be implemented within the site and displayed for the information of residents.

(l)   All recording made by the CCTV system must be stored for at least 30 days. Ensure that the system is accessible by at least one member of staff at all times it is in operation, and provide any recordings made by the system to a police officer or inspector within 24 hours of any request by a police officer or inspector. The CCTV cameras will need to be placed in suitable locations to enhance the physical security and assist in positively identifying an individual, who may be involved in criminal behavior.

(m) “Park Smarter” signage should be displayed in the car park to warn/educate motorists to secure their vehicles and not leave valuable items in their cars. The car park will also need to have adequate lighting.

(n)  Wheelchair access should at no time be blocked nor impede access to anyone with a disability.

(o)  The landscaping design around the site needs to be free from potential hiding places and provide sightlines throughout the site and into any surrounding areas such as car parks, playgrounds and recreational amenities. Trees and shrubs should be maintained regularly to reduce concealment opportunities and increase visibility. Avoid the use of landscaping materials which could, when mature, serve as screens or barriers to impede views.

(p)  The boundaries of the site should be clearly identified to deter unauthorised persons from entering the site.

           Reason: To provide safety and security

8.         Rural Fire Service Condition.

            Asset Protection Zones

            1. From the start of building works, and in perpetuity to ensure ongoing protection from  the impact of bush fires, the entire property must be managed as an inner protection  area (IPA) in accordance with the requirements of Appendix 4 of Planning for Bush  Fire Protection 2019. When establishing and maintaining an IPA the following

                requirements apply:

             ● tree canopy cover should be less than 15% at maturity;

             ● trees at maturity should not touch or overhang the building;

             ● lower limbs should be removed up to a height of 2m above the ground;

             ● tree canopies should be separated by 2 to 5m;

             ● preference should be given to smooth barked and evergreen trees;

             ● large discontinuities or gaps in vegetation should be provided to slow down or break

                the progress of fire towards buildings;

             ● shrubs should not be located under trees;

             ● shrubs should not form more than 10% ground cover;

             ● clumps of shrubs should be separated from exposed windows and doors by a distance

                of at least twice the height of the vegetation.

             ● grass should be kept mown (as a guide grass should be kept to no more than 100mm

                in height); and

             ● leaves and vegetation debris should be removed.

             Water and Utility Services

             2. The provision of water, electricity and gas must comply with the following in accordance with Table 7.4a of Planning for Bush Fire Protection 2019:

             ● reticulated water is to be provided to the development where available;

             ● all above-ground water service pipes external to the building are metal, including and

                up to any taps;

             ● where practicable, electrical transmission lines are underground;

             ● where overhead, electrical transmission lines are proposed as follows:

                 ○ lines are installed with short pole spacing (30m), unless crossing gullies, gorges or

                    riparian areas; and

                 ○ no part of a tree is closer to a power line than the distance set out in accordance

                    with the specifications in ISSC3 Guideline for Managing Vegetation Near Power

                    Lines.

             ● reticulated or bottled gas is installed and maintained in accordance with AS/NZS

                1596:2014 and the requirements of relevant authorities, and metal piping is used;

             ● all fixed gas cylinders are kept clear of all flammable materials to a distance of 10m

                and shielded on the hazard side;

              ● connections to and from gas cylinders are metal;

              ● polymer sheathed flexible gas supply lines are not used; and

              ● above-ground gas service pipes are metal, including and up to any outlets.

              Landscaping Assessment

              3. Landscaping within the required asset protection zone must comply with Appendix 4 of Planning for Bush Fire Protection 2019. In this regard, the following principles are  to be incorporated:

              ● A minimum 1 metre wide area (or to the property boundary where the setbacks are

                  less than 1 metre), suitable for pedestrian traffic, must be provided around the

                  immediate curtilage of the building;

              ● Planting is limited in the immediate vicinity of the building;

              ● Planting does not provide a continuous canopy to the building (i.e. trees or shrubs are

                 isolated or located in small clusters);

              ● Landscape species are chosen to ensure tree canopy cover is less than 15% (IPA),

                 and less than 30% (OPA) at maturity and trees do no touch or overhang buildings;

              ● Avoid species with rough fibrous bark, or which retain/shed bark in long strips or

                 retain dead material in their canopies;

              ● Use smooth bark species of trees species which generally do not carry a fire up the

                 bark into the crown;

              ● Avoid planting of deciduous species that may increase fuel at surface/ ground level

                  (i.e. leaf litter);

              ● Avoid climbing species to walls and pergolas;

              ● Locate combustible materials such as woodchips/mulch, flammable fuel stores away

                 from the building;

              ● Locate combustible structures such as garden sheds, pergolas and materials such as

                  timber garden furniture away from the building; and

              ● Low flammability vegetation species are used.

9.         Lighting. Lighting is to be provided around the site and all lighting is to comply with the             following requirements:

1.   Lighting is to be designed and installed in accordance with the relevant Australian and New Zealand Lighting Standards.

2.   A Lighting Maintenance Policy is required to outline the maintenance, monitoring and operation of lighting.

3.   Lighting is to be provided to all common areas including all car parking levels, stairs and access corridors and communal gardens.

4.   Lighting is to be automatically controlled by time clocks and where appropriate, sensors for energy efficiency and a controlled environment for residents.

Details demonstrating compliance are to be submitted to the Principal Certifying Authority prior to the issue of any Occupation Certificate.

             Reason: To provide safety and security

10.       Transport for NSW Conditions.

            1. All buildings and structures, together with any improvements integral to the future use of the site are wholly within the freehold property unlimited in height or depth along the Burns Bay Road boundary.

            2. The redundant driveway on Burns Bay Road should be replaced with kerb and gutter to match existing. The design and construction of the kerb and gutter crossing shall be in accordance with TfNSW requirements. Details of these requirements should be obtained by email to DeveloperWorks.Sydney@transport.nsw.gov.au Detailed design plans of the proposed kerb and gutter crossing are to be submitted to TfNSW for approval prior to the issue of a Construction Certificate and commencement of any road works. Please send all documentation to development.sydney@transport.nsw.gov.au A plan checking fee and lodgement of a performance bond is required from the applicant prior to the release of the approved road design plans by TfNSW.

            3. Detailed design plans and hydraulic calculations of any changes to the stormwater drainage system are to be submitted to TfNSW for approval, prior to the commencement of any works. Please send all documentation to development.sydney@transport.nsw.gov.au A plan checking fee will be payable and a performance bond may be required before TfNSW approval is issued.

            4. The developer is to submit design drawings and documents relating to the excavation of the site and support structures to TfNSW for assessment, in accordance with Technical Direction GTD2020/001. The developer is to submit all documentation at least six (6) weeks prior to commencement of construction and is to meet the full cost of the assessment by TfNSW. Please send all documentation to development.sydney@transport.nsw.gov.au. If it is necessary to excavate below the level of the base of the footings of the adjoining roadways, the person acting on the consent shall ensure that the owner/s of the roadway is/are given at least seven (7) day notice of the intention to excavate below the base of the footings. The notice is to include complete details of the work.

            5. All vehicles are to enter and exit in a forward direction.

            6. All vehicles are to be wholly contained on site before being required to stop.

            7. All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Burns Bay Road.

            8. A Road Occupancy License (ROL) should be obtained from Transport Management Centre for any works that may impact on traffic flows on Burns Bay Road during construction activities. A ROL can be obtained through https://myrta.com/oplinc2/pages/security/ oplincLogin.jsf

           Reason: TfNSW Condition.

BUILDING CONDITIONS

11.     Cladding and glazing No external combustible cladding is permitted on the building.  The ground floor commercial glazing facing Burns Bay Road is to be clear for the life of the development to ensure an appropriate level of street activation and passive surveillance is achieved.

            Reason: To promote safety and street activation.

12.      Payment of building and construction industry long service levy

Before the issue of a construction certificate, the applicant is to ensure that the person liable pays the long service levy based on the cost of works as calculated at the date of this consent to the Long Service Corporation or Council under section 34 of the Building and Construction Industry Long Service Payments Act 1986 and provides proof of this payment to the certifier.

            Reason: To ensure the long service levy is paid.

13.       Asbestos removal, handling and disposal

The removal, handling and disposal of asbestos from building sites shall be carried out in accordance with the requirements of the Occupational Health and Safety Act and the Regulations. Details of the method of removal in accordance with this condition is to be submitted to the Principal Certifying Authority and Council’s Environmental Health Section, prior to commencing any demolition works.

   Reason: To ensure worker and public health and safety.

14.       Construction site management plan

            Prior to any demolition works and before the issue of a construction certificate, the applicant must ensure a construction site management plan is prepared before it is provided to and  approved by the certifier. The plan must include the following matters:

·           location and materials for protective fencing and hoardings to the     perimeter on the site.

·           For sites adjoining bushland a 1.8m chain mesh perimeter fence with 1m sediment fencing attached to the lower portion is required to ensure that no foreign materials enter the bushland.

·           provisions for public safety

·           pedestrian and vehicular site access points and construction activity zones

·           details of construction traffic management, including proposed truck movements to and from the site and estimated frequency of those movements, and measures to preserve pedestrian safety in the vicinity of the site. The construction traffic management plan shall comply with the requirements of Part R of Lane Cove DCP 2010 and shall be submitted to Council’s Traffic Section for written approval. Consultation with NSW Police, TfNSW, and Sydney Buses may be required. Note: Heavy vehicles are not permitted to travel on local roads without Council approval.

·           protective measures for on-site tree preservation (including in accordance with AS 4970-2009 Protection of trees on development sites and Council’s DCP, if applicable) and trees in adjoining public domain (if applicable)

·           For major works, appointment of a project arborist of minimum AQF Level 5 qualification to oversee/monitor tree(s) condition during the construction process.

·           details of any bulk earthworks to be carried out

·           location of site storage areas and sheds

·           equipment used to carry out all works

·           a garbage container with a tight-fitting lid

·           dust, noise and vibration control measures including a construction noise management plan prepared in accordance with the NSW EPA’s Interim Construction Noise Management Guidelines by an appropriately qualified acoustic consultant.

·           location of temporary toilets.

·           The applicant must ensure a copy of the approved construction site  management plan is kept on-site at all times during construction.

Council Approvals

1.         Hoarding is required to be provided along the relevant street frontage, a Hoarding Application is to be submitted to Council for approval.

2.         Any construction plant on the public road reservation requires an approved “Application for standing plant permit”.

            Additional Council Requirements

1.       Stockpiles or soil shall not be located on / near any drainage lines or easements, natural watercourses or water bodies, footpath or roadway without first providing suitable protective measures adequate to protect these water bodies.

2.       All stockpiles of contaminated materials must be stored in an environmentally sensitive manner in a secure area on the site and shall be suitably covered to prevent dust and odour nuisance.

3.       All stockpiles of potentially contaminated soil must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, including NSW EPA Waste Classification Guidelines (2014).

4.       Where sites adjoin bushland:

-   For sites identified to be within bushfire prone land An Asset Protection Zone (APZ) shall be provided entirely within the site boundary. To protect bushland and property from fire risk, APZ standards are to be in accordance with Planning for Bushfire Protection (PBP) 2019.

-   Access to the site from adjacent parks/reserves/bushland for the purposes of carrying out building works, landscaping works,  storage materials, storage of soil or rubbish is not permitted.

Reason: To require details of       measures that will protect the public, and the surrounding environment, during site works and construction.

15.       Erosion and sediment control plan

            Prior to any demolition works or clearing of any vegetation and before the issue of a construction certificate, the applicant is to ensure that an erosion and sediment control plan is prepared in accordance with the following documents before it is provided to and approved by the certifier:

·           Council’s development control plan,

·           the guidelines set out in the NSW Department of Housing manual ‘Managing Urban Stormwater: Soils and Construction Certificate’ (the Blue Book), and

·           the ‘Do it Right On-Site, Soil and Water Management for the Construction Industry' (Southern Sydney Regional Organisation of Councils and the Natural Heritage Trust).

            The applicant must ensure the erosion and sediment control plan is kept on- site at all times during site works and construction.

   Reason: To ensure no substance other than rainwater enters the stormwater system and waterways.

16.       Waste management plan (WMP)

            Before the issue of a construction certificate, the applicant is to ensure that a  waste management plan is prepared in accordance with the EPA’s Waste Classification Guidelines and the following requirements before it is provided  to and approved by the certifier:

a)         Council’s Development Control Plan (Part Q: Waste Management and Minimisation).

b)         Where sites adjoin bushland (private or public):

-           the WMP shall detail measures to mitigate any rubbish or foreign materials from entering the bushland.

-           Access through parks, reserves and bushland to the site is not permitted.

-           Council’s Coordinator of Bushland must be notified of any accidental or intentional dumping of material in the bushland area.

c)         details the following:

-           the contact details of the person(s) removing the waste

-           an estimate of the waste (type and quantity) and whether the waste is expected to be reused, recycled or go to landfill

-     the disposal and destination of all waste material spoil and excavated material

            The applicant must ensure the waste management plan is referred to in the construction site management plan and kept on-site at all times during construction.

Reason: To ensure resource recovery  is promoted and local amenity protected during construction.

17.       Utilities and services

            Before the issue of the relevant construction certificate, the applicant must submit the following written evidence of service provider requirements to the certifier:

a)         a letter of consent from all utility and service providers demonstrating that satisfactory arrangements can be made for the installation and supply of electricity.

b)         a response from Sydney Water as to whether the plans proposed to accompany the application for a construction certificate would affect any Sydney Water infrastructure, and whether further requirements need to be met.

c)         other relevant utilities or services - that the development as proposed to be carried out is satisfactory to those other service providers, or if it is not, what changes are required to make the development satisfactory to them.

            Reason: To ensure relevant utility and service providers requirements are provided to the certifier.

18.       Dilapidation report

            Before the issue of a construction certificate, a suitably qualified engineer must prepare a dilapidation report detailing the structural condition of adjoining buildings, structures or works, trees to be retained and public land, to the satisfaction of the certifier. If the engineer is denied access to any adjoining properties to prepare the dilapidation report, the report must be based on a survey of what can be observed externally and demonstrate, in writing, to the certifier’s satisfaction that all reasonable steps were taken to obtain access to the adjoining properties.

   Reason: To establish and document the structural condition of adjoining properties and public land for comparison as building work progresses and is completed.

19.       Structural engineer’s details

            The Construction Certificate plans and specifications must include detailed professional structural engineering plans and/or specifications for the following:

·    underpinning;

·    retaining walls;

·    footings;

·    reinforced concrete work;

·    structural steelwork;

·    upper level floor framing;

            and where relevant in accordance with any recommendations contained in an approved geotechnical report.

Reason: To ensure structural adequacy.

20.       Sydney Water requirements

            The approved plans must be submitted to Sydney Water online approval portal “Sydney Water Tap In” for approval. A section 73 certificate is to be obtained for development or subdivision requiring servicing of sewer and water.

Reason: To comply Sydney Water requirements.

21.       Erosion and sediment controls in place

            Before the commencement of any site or building work, the principal certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan, (as approved by the principal certifier) are in place until the site is rectified (at least 70% ground cover achieved over any bare ground on site).

Reason: To ensure runoff and site debris do not impact local stormwater systems and waterways.

            Reason: To protect and  retain trees

22.       Signs on site

            A sign must be erected in a prominent position on any site on which building work or demolition work is being carried out:

a)   showing the name, address and telephone number of the principal certifier 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.

Any such sign is to be maintained while the building work or demolition work is being carried out but must be removed when the work has been completed.

            Note: This does not apply in relation to building work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

  Reason: Prescribed condition EP&A Regulation, clauses 98A (2) and (3).

23.       Compliance with Home Building Act

            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.

           Reason: Prescribed condition EP&A Regulation, clause 98(1)(b).

24.       Hours of work

            All demolition, building construction work, including earthworks, deliveries of building

            materials to and from the site to be restricted as follows:-

              Monday to Friday (inclusive)              7am to 5.30pm 

            High noise generating activities, including rock breaking and saw cutting be restricted between 8am to 5.00pm with a respite period between 12.00 noon to 1.30pm Monday to Friday

                        Saturday                                             8am to 12 noon

            with NO high noise generating activities, including excavation, haulage truck movement, rock picking, sawing, jack hammering or pile driving to be undertaken. Failure to fully comply will result in the issue of a breach of consent P.I.N.

            A Notice/Sign showing permitted working hours and types of work permitted during those hours, including the applicant’s phone number, project manager or site foreman, shall be displayed at the front of the site.

            The principal certifier must ensure building work, demolition or vegetation removal is not carried out on Sundays and public holidays, except where there is an emergency.

            Unless otherwise approved within a construction site management plan, construction vehicles, machinery, goods or materials must not be delivered to the site outside the approved hours of site works.

            Note: Any variation to the hours of work requires Council’s approval.

Reason: To protect the amenity of the surrounding area.

25.       Compliance with the Building Code of Australia

            Building work must be carried out in accordance with the requirements of the Building Code of Australia.

Reason: Prescribed condition - EP&A Regulation clause 98(1)(a).

26.       Procedure for critical stage inspections 

            While building work is being carried out, any such work must not continue after each critical stage inspection unless the principal certifier is satisfied the work may proceed in accordance with this consent and the relevant construction certificate.

Reason: To require approval to proceed with building work following each critical stage inspection.

27.       Surveys by a registered surveyor 

            While building work is being carried out, a registered surveyor is to measure and mark the positions of the following and provide them to the principal certifier —

a)         All footings/ foundations

b)           At other stages of construction – any marks that are required by the principal certifier.

Reason: To ensure buildings are sited  and positioned in the approved location.

28.       Shoring and adequacy of adjoining property

            If the development involves any excavation that extends below the level of the base of the footings of a building, structure or work on adjoining land (including any structure or work within a road or rail corridor), the person having the benefit of the development consent must, at the person’s own expense —

a)         Protect and support the building, structure or work from possible damage from the excavation, and

b)         Where necessary, underpin the building, structure or work to prevent any such damage.

            This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to that condition not applying.

Reason: Prescribed condition - EP&A Regulation clause         98E.

29.       No obstruction of public way

            The public way must not be obstructed by any materials, vehicles, refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of a notice by Council to stop all work on site.

Reason: To ensure public safety.

30.       Encroachments

1.         No portion of the proposed structure shall encroach onto the adjoining properties.

2.          The proposed construction shall not encroach onto any existing Council stormwater line or drainage easement unless approved by Council.

3.          No encroachment is to occur into public open space.

Reason: To ensure works are contained wholly within the subject site

.

31.       Post-construction dilapidation report

  Before the issue of an occupation certificate, a suitably qualified engineer must prepare a post-construction dilapidation report, to the satisfaction of the principal certifier, detailing whether:

a)          after comparing the pre-construction dilapidation report to the post- construction dilapidation report required under this condition, there has been  any structural damage to any adjoining buildings; and

b)          where there has been structural damage to any adjoining buildings, that it  is a result of the building work approved under this development consent.

            Before the issue of an occupation certificate, the principal certifier is to provide a copy of the post-construction dilapidation report to Council (where Council is not the principal certifier) and to the relevant adjoining property owner(s).

Reason: To identify damage to adjoining properties resulting  from building work on the development site.

32.       Sydney Water requirements

            A section 73 certificate is to be obtained for development or subdivision requiring servicing of sewer and water.

           Reason: Sydney Water requirement.

33.       Annual fire safety certificate

            During occupation and ongoing use of the building, the applicant must provide an annual fire safety statement to Council and the Commissioner of Fire and Rescue NSW in accordance with clause 177 of the EP&A Regulation.

Reason: To satisfy Council’s Engineering requirements to ensure annual checks on fire safety measures.

34.       Implementation of BASIX commitments

While building work is being carried out, the applicant must undertake the development strictly in accordance with the commitments listed in the BASIX certificate(s) approved by this consent, for the development to which the consent applies.

Reason: To ensure BASIX commitments are fulfilled in accordance with the BASIX certificate (prescribed condition under clause 97A(2) EP&A Regulation).

35.      Separate Application for Subdivision

            A separate application to Council is required for any subsequent subdivision of the consolidated development site.

            Reason: To ensure the subdivision provides for orderly development and the provision of    shared communal open space.

36.       Property Numbering

             Prior to registration of any strata plan, submit to Council for approval a schedule of unit numbers against lot numbers.

            Reason:   To ensure the numbering system is in accordance with Australian Standard AS/NZS 4819:2011, and the NSW Address Policy and User Manual.

General Engineering Conditions

37.      Design and Construction Standards:  All engineering plans and work shall be carried out in accordance with Council’s standards and relevant development control plans except as amended by other conditions.

  Reason:  To ensure all works are in accordance with Council’s requirements

            Materials on Roads and Footpaths: Where the applicant requires the use of Council land for placement of building waste, skips or storing materials a “Building waste containers or materials in a public place” application form is to be lodged. Council land is not to be occupied or used for storage until such application is approved.

  Reason:  To ensure public safety and amenity

39.       Works on Council Property: Separate application shall be made to Council's Urban Services Division for approval to complete, any associated works on Council property.  This  shall include hoarding applications, vehicular crossings, footpaths, drainage works, kerb and guttering, brick paving, restorations and any miscellaneous works. Applications shall be submitted prior to the start of any works on Council property.

  Reason:  To ensure public works are carried out in accordance with Council’s requirements

40.       Permit to Stand Plant: Where the applicant requires the use of construction plant on the public road reservation, an “Application for Standing Plant Permit” shall be made to Council.  Applications shall be submitted and approved prior to the start of any related works.

            Note: allow 4 working days for approval.

  Reason:  To ensure public safety

41.        Restoration: Public areas must be maintained in a safe condition always. Restoration of disturbed Council land and assets is the responsibility of the applicant. All costs associated with restoration of public land will be borne by the applicant.

  Reason:  To maintain Council infrastructure

42.       Public Utility Relocation: If any public services are to be adjusted, because of the development, the applicant is to arrange with the relevant public utility authority the alteration or removal of those affected services. All costs associated with the relocation or  removal of services shall be borne by the applicant.

  Reason:  To protect, maintain and provide utility services

43.       Pedestrian Access Maintained: Pedestrian access, including disabled and pram access, is to be maintained throughout the course of the construction as per AS-1742.3, ’Part 3  Traffic control devices for works on roads’.

  Reason:   To ensure pedestrian access is maintained

44.       Council Drainage Infrastructure: The proposed construction shall not encroach onto any   existing Council stormwater line or drainage easement unless approved by Council. If a Council  stormwater line is located on the property during construction, Council is to be immediately  notified. Where necessary the stormwater line is to be reconstructed or relocated to be clear of the proposed building works. Developer must lodge Stormwater Inspection Application form to  Council. All costs associated with the reconstruction or relocation of the stormwater line are to be borne by the applicant. Applicant is not permitted to carry out any works on existing Council and  private stormwater pipe lines without Council’s approval.

            Reason:          To protect public infrastructure

45.       Services: Prior to excavation works, the location and depth of all services must be ascertained. All  costs associated with adjustment of the public utility will be borne by the applicant.

            Reason:          To protect and maintain infrastructure assets

46.       Boundary Levels: The levels of the street alignment shall be obtained from Council. These levels are to be incorporated into the design of the internal pavements, car parking,  landscaping, driveway and stormwater drainage plans and shall be obtained prior to the issue of the Construction Certificate. Note: The finished floor level of the proposed  garage or carport shall be determined by Council.

   The applicant is to lodge Vehicular Crossing Application form with application fee as shown in the form.

  Reason:   To provide consistent street alignment levels

Engineering conditions to be complied with prior to Construction Certificate

47.       Council Infrastructure Damage Bond: The applicant shall lodge with Council a $5000 cash bond or bank guarantee. The bond is to cover the repair of damage to Council's roads    footpaths, kerb and gutter, drainage or other assets because of the development. The bond will be released upon issuing of the Occupation Certificate. If Council determines that damage has occurred because of the development, the applicant will be required to repair the damage. Repairs are to be carried out within 14 days from the notice. All repairs are to be carried in accordance with Council’s requirements. The full bond will be retained if  Council’s requirements are not satisfied. Lodgement of this bond is required prior to the issue of the Construction Certificate.

  Reason:   To protect and maintain public infrastructure

48.       Excavation Greater Than 1m depth: Where there are structures on adjoining properties including all Council infrastructures, located within 5 meters of the proposed excavation.

The applicant shall: -

(a)          seek independent advice from a suitably qualified engineer on the impact of the proposed excavations on the adjoining properties

(b)          detail what measures are to be taken to protect those properties from undermining during construction

(c)          provide Council with a certificate from the engineer on the necessity and adequacy of support for the adjoining properties

The above matters are to be completed and documentation submitted to principal certifying authority prior to the issue of the Construction Certificate.

(d)          Provide a dilapidation report of the adjoining properties and Council infrastructure. The dilapidation survey must be conducted prior to the issue of the Construction Certificate. The extent of the survey must cover the likely “zone of influence” that may arise due to excavation works, including dewatering and/or construction induced vibration. The dilapidation report must be prepared by a suitably qualified engineer.

A second dilapidation report, recording structural conditions of all structures originally assessed shall be submitted to the principle certifying authority prior to the issue of the Occupation Certificate.

All recommendations of the suitably qualified engineer are to be carried out during excavation. The applicant must give at least seven (7) days’ notice to the owner and occupiers of the adjoining allotments before the excavation works commence.

  Reason: To protect surrounding properties and identify vulnerable structures

49.       Drainage Plans Amendments: The stormwater drainage plan prepared by ING Consulting  Engineers Pty Ltd, reference No: 255092020DA, revision D and dated on 02/12/21 is to be  amended as detailed below by a qualified practising hydraulic engineer and certified by  him/her. This amended plan shall show full details of new pipe network amended as follows and satisfying part O of the Council’s stormwater DCP;

1.       This DA requires OSD. The detailed design for this proposed system is required

2.       Proposed drainage system should show pipe sizes and invert levels up to connection point; confirming pipe system satisfies part O of Council’ storm water DCP.

3.       The stormwater requirements shown in Basix certificate shall be included in stormwater management plan.

4.       Sediment control fence shall be placed around the construction site and shown in plan

5.       Subsoil agg-line drainage is required around proposed retaining wall, dwelling, or it is necessary and connected to proposed drainage system

6.       Pit-2 shall be modified into a silt arrester pit with mesh (RH3030) and sump(300mm) as shown in section 3.4.1 of Part O of Council DCP is required within the site, at start of the discharge pipe to Council system.

7.       In case of the overflow from Pit-2, the overflow shall be directed to street and not to basement. A suitable overflow path shall be provided into Pit-2.

8.       A gross pollutant trap suitable for this site needs to be designed and added to the amended plans within the property boundary prior to the connection to the street system. The details of this GPT shall be shown in stormwater plan. The suitable access to the GPT for future maintenance is required.

9.       The OSD calculation shall be based on the calculation shown in Appendix 14 in part O of Council stormwater DCP.

10.     The detailed cross section of the OSD is required and shall show levels, sizes, depths and widths.

11.     A plan with longitudinal section of the proposed pipe system from the site to the existing Council pit in Burns Bay Road with relevant calculations are required for further assessment and/or approval. This plan should show pipe sizes, invert levels and existing surface levels to confirm that the pipe system satisfies Council’s DCP.

12.     The applicant has to get full details of the required road reconstruction works on Burns Bay Road from RMS and submitted to Council.

13.     The pump out system in basement shall satisfy section 5.4 of part O of Council’s stormwater DCP. The full details of the hydraulic calculation for pump out system shall be included in stormwater management plan submitted to Council.

14.     The proposed basement shall be constructed with water-proof walls around it.

The amended design is to be certified that it fully complies with, AS-3500 and Part O, Council's DCP-Stormwater management; certification is to be by a suitably qualified engineer. The amended plan and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

The Principal Certifying Authority is to be satisfied that the amendments have been made in accordance with the conditional requirements and the amended plans are adequate for the purposes of construction. They are to determine what details, if any, are to be added to the construction certificate plans, for the issue of the Construction Certificate.

Reason: To ensure the proposed stormwater designs meet and satisfy Part O, Council DCP

50.     Geotechnical Report: A geotechnical report is to be completed for the excavation of proposed development. The Geotechnical Report and supporting information are to be prepared by a suitably qualified geotechnical engineer and be submitted to Principle Certifying Authority prior to issue of a Construction Certificate.

Reason:     To protect the environment and required for any excavation greater than 2m

51.   Construction Methodology Report: There are structures on neighbouring properties that are deemed to be in the zone of influence of the proposed excavations. A suitably qualified engineer must prepare a Construction Methodology report demonstrating that the proposed excavation will have no adverse impact on any surrounding property and infrastructure. The report must be submitted to Principal Certifying Authority prior to issue of a Construction Certificate. The details must include contamination management plan geotechnical report to determine the design parameters appropriate to the specific development and site.

The Report must include recommendations on appropriate construction techniques to ameliorate any potential adverse impacts.

The development works are to be undertaken in accordance with the recommendations of the Construction Methodology report.

Reason:    To protect neighbouring properties

52.   Road Dilapidation Survey: The applicant is to prepare a dilapidation survey and a dilapidation report that includes details of the existing state of repair/condition of the road surface of Burns Bay Road and provide that survey and report to the Council and RMS prior to the issue of the construction certificate. Following completion of construction of the development and prior to the issue of the occupation certificate, the applicant is to prepare a second dilapidation report that includes details of all changes and damage caused to the surface of the said public roads as a consequence truck movements associated with construction of the development. The Council/TfNSW may apply funds from the security deposits paid in favour of this consent to meet the cost of making good any damage caused to the surface of the said public road as a consequence of truck movements associated with the construction of the development to which the consent relates.

The dilapidation surveys and reports must be prepared by an engineer registered with the Institute of Engineers (Australia).

Reason: To provide a record of Council’s infrastructure and protect them

53.       Council Construction Requirements: The applicant shall construct / reconstruct the following to Council’s satisfaction;

1.       New footpath adjacent the entire subject site frontage to Burns Bay Rd

2.       New Kerb and Gutter along the entire subject site frontage to Burns Bay Rd and along the pipe line trench

3.       Extension of new street drainage system along Burns Bay Rd

4.       Reconstruction of existing pit at No. 233 Burns Bay Road where new pipe system starts

5.       Reinstate all adjustments to the road surfaces satisfying TfNSW

6.       Reinstate all damages identified in dilapidation report

Reason:    In accordance with Council’s requirements to restore site

A $40,000 cash bond or bank guarantee shall be lodged with Council to cover the satisfactory construction of the above requirements. Lodgement of this bond is required prior to the issue of the Construction Certificate. The Bond will be held for a period of six months after satisfactory completion of the works. All works shall be carried out prior to the issue of the Occupation Certificate. All costs associated with the construction of the above works are to be borne by the applicant.

Reason:    In accordance with Council’s requirements to restore site

54.    Council Inspection Requirements: The following items are to be inspected

·        Proposed stormwater drainage work on Burns Bay Road

·        All footpath, kerb/gutter and landscaping works

·        Any adjustment works in Burns Bay Road 

Each item is to be inspected prior to the pouring of any concrete (formwork) and on completion of the construction. An initial site meeting is to be conducted with council and the contractor prior to the commencement of any of the above works to allow for discussion of Council construction / set out requirements.

An Inspection fee ($205 for one inspection) is to be paid prior to the issue of the Construction Certificate.

Reason:  To ensure completion of work satisfying Council

55.     Positive Covenant Bond: The applicant shall lodge with Council a $1000.00 cash bond to  cover the registration of a Positive Covenant over the onsite detention system and pump out system. Lodgement of this bond is required prior to the issue of the Construction Certificate

Reason:    To protect stormwater infrastructure and confirm future maintenance

56.       On-Site Stormwater Detention System - Marker Plate:  The on-site detention system  shall be indicated on the site by fixing a marker plate. This plate is to be of minimum size:100mm x 75mm and is to be made from non-corrosive metal or 4mm thick laminated  plastic. It is to be fixed in a prominent position to the nearest concrete or permanent surface  or access grate. The wording on the marker plate is described in Council’s DCP- Stormwater management. An approved plate may be purchased from Council's customer service desk.

  Reason:  To ensure clear identification of onsite stormwater infrastructure

57.        On-Site Stormwater Detention Tank: All access grates to the onsite stormwater detention tank are to be hinged and fitted with a locking bolt. Any tank greater than 1.2 m in depth must be fitted with step irons.

  Reason: To prevent unauthorised access and ensure safe access to stormwater infrastructure

58.       Temporary Footpath Crossing:  A temporary footpath crossing must be provided at the Vehicular access points. It is to be 1.5m in width, made of sections of hardwood with chamfered ends and strapped with hoop iron.

  Reason:  To ensure safety vehicular movement to and from site

59.       Design of Retaining Structures: All retaining structures greater than 1m in height are to  be designed and certified for construction by a suitably qualified engineer. The structural design is to comply with, all relevant design codes and Australian Standards. The design and certification shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. 

  Reason: To ensure the safety and viability of the retaining structures onsite

Engineering condition to be complied during construction

60.     Drainage Construction: The stormwater drainage on the site is to be constructed generally in accordance with approved plan.

Certification by a suitably qualified engineer of the above plans is to be submitted to the Principal Certifying Authority stating that the design fully complies with, AS-3500 and Part O, Council's DCP-Stormwater Management. The plans and certification shall be submitted prior to the issue of the Construction Certificate.

The Principal Certifying Authority is to satisfy themselves of the adequacy of the certified plans for the purposes of construction. They are to determine what details, if any, are to be added to the Construction Certificate plans, for the issue of the Construction Certificate.

Reason:    To maintain the stormwater management of the property

61.    Heavy Vehicle Duty Employee and Truck Cleanliness: The applicant shall

·        Inform in writing all contractors of Council’s requirements relating to truck cleanliness leaving the site.

·        Keep a register of all contactors that have been notified, the register is to be signed by each contractor. The register must be available for access by Council officers at all times.

·        Place an employee within close proximity of the site exit during site operation hours to ensure that all outgoing heavy vehicles comply with Council’s requirements. This employee shall liaise with heavy vehicle drivers and provide regular written updates to drivers on the conditions of entry to the subject site.

Those drivers who have been determined to continually not comply with Council’s requirements, either by the developer or authorised Council officers, shall not be permitted re-entry into the site for the duration of the project.

Reason:    To protect the environment

62.       Covering Heavy Vehicle Loads: All vehicles transporting soil material to or from the subject site shall ensure that the entire load is covered by means of a tarpaulin or similar   material. The vehicle driver shall be responsible for ensuring that dust or dirt particles are not deposited onto the roadway during transit. It is a requirement under the Protection of  the Environment Operations (Waste) Regulation, 1996 to ensure that all loads are  adequately covered, and this shall be strictly enforced by Council’s ordinance inspectors.  Any breach of this legislation is subject to a “Penalty Infringement Notice” being issued to the drivers of those vehicles not in compliance with the regulations.

   Reason: To ensure worksite pollutions are controlled accordingly to protect the environment

63.       Truck Shaker:  A truck shaker ramp must be provided at the construction exit point. Fences are to be erected to ensure vehicles cannot bypass the truck shaker. Sediment tracked onto  the public roadway by vehicles leaving the subject site is to be swept up immediately.

  Reason: To protect the environment

Engineering condition to be complied with prior to Occupation Certificate

64.       Certification of Retaining Structures and Excavations: A suitably qualified engineer shall provide certification to the principal certifying authority that all retaining structures and  excavations have been carried out in accordance with the relevant Australian Standards and Codes of Practice.

 The certification and a complete record of inspections, testing and monitoring (with certifications) must be submitted to the principal certifying authority prior to the issue of the Occupation Certificate.

Reason:    To ensure retaining walls are constructed according to approved plan

65.    Stormwater System Engineering Certification: On completion of the drainage system a suitably qualified engineer shall certify that the drainage system has been constructed in accordance with the approved plans, part O Council’s DCP-Stormwater Management and AS-3500.The certification is to include a work as executed plan. The work as executed plan shall:

(a)     Be signed by a registered surveyor, &

(b)     Clearly show the surveyor’s name and the date of signature.

All documentation is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.

Reason: To ensure stormwater infrastructure has been installed in accordance with Australian Standards and Council’s requirements

66.       Engineering Certification: A suitably qualified engineer shall certify that following has been constructed in accordance with the approved plans and is within acceptable construction tolerances.

·    Pump out system

·    OSD System

·    All repair works identified in Dilapidation report

·    Proposed drainage extension on Burns Bay Rd

Certification is to be submitted to the Principle Certifying Authority prior to the issue of the Occupation Certificate.

Reason:    Statutory requirement

67. Engineering Note: All engineering compliance certificates are to contain the following

      declarations:

a.       This certificate is supplied in relation to 235 Burns Bay road, Lane Cove

b.       [INSERT NAME OF ENGINEER AND COMPANY] have been responsible for the supervision of all the work nominated in (a) above.

c.       I have carried out all tests and inspections necessary to declare that the work nominated in (a) above has been carried out in accordance with the approved plans, specifications, and the conditions of the development consent.

d.       I have kept a signed record of all inspections and tests undertaken during the works and can supply the Principal Certifying Authority with a copy of such records and test results if and when required.

Reason: Statutory requirement

68.       Positive Covenants OSD and Pump Out System:  Documents giving effect to the creation of a positive covenants over the on-site detention system and over the basement  pump out system shall be registered on the title of the property prior to the issue of the  Occupation Certificate. The wordings of the terms of the positive covenants shall be in  accordance with part O Council’s DCP-Stormwater Management.

 Reason:   Statutory requirements and to protect stormwater infrastructure and confirm future maintenance

69.       Works as Executed Drawings for OSD:  A works as executed survey of the onsite detention facility will need to be prepared and certified to demonstrate that the OSD system  functions as per the intention of the approved design. A suitably qualified engineer must  certify that the construction system is satisfactory.

  Reason:   Statutory requirements

70.        Works as Executed Drawings for street drainage construction:  A works as executed survey of the proposed street drainage works on Burns Bay Rd will need to be prepared and certified by qualified engineer to demonstrate that the drainage system is accordance with the approved plan.

  Reason:   Statutory requirements

71.       Redundant Gutter Crossing:  All redundant kerb/gutter and footpath crossings shall be  removed, and the kerb, gutter and footpath reinstated to the satisfaction of Council’s Urban Services Division. These works shall be carried out prior to the issue of the Occupation  Certificate.

  Reason:  To ensure Council’s footpath and nature strip is free from potential vehicular or other obstructions.

Traffic Conditions

PARKING AND SERVICING

72.    The proposed car park design is to comply with AS290.1-2004. This includes all parking Spaces, ramps, aisles, disabled parking and loading areas. All other aspects of the carparking areas are required to comply with AS2890.2-2002 for Loading Facilities and Services Vehicles.

73.     One visitor car space to be provided and line-marked.

74.     The access to the car park shall comply with Australian Standards. AS 2890.1-2004.

75.      Visibility requirements of the proposed access must comply with AS 2890.1-2004.

76.     All accessible car spaces in the car park are to be adequately signposted and line marked and provided in accordance with AS2890.6:2009 including the adjacent shared space and the height clearance.

77.      On site garbage collection must be provided for with sufficient headroom in accordance with AS2890.2:2002 and to allow the vehicle to enter and exit in a forward direction. The waste  collection and holding area are to be clearly signposted and line marked.

78.    Install wheel stops on all car parking spaces to prevent any collision with structures or  objects.

79.      Motorcycle parking space to be sign posted and adequately line marked.

80.       A traffic report demonstrating the safety and functionality of the basement car park including tails of the proposed signalised system are to be provided and approved by Council’s

           Traffic section before the issue of the construction certificate.

81.     An independent traffic consultant is to review and approve the signal system installed in the Basement to ensure that it is safe and functional before the issue of the occupation  certificate.

82.      Proposed waiting bays should be adequately line-marked.

83.      All vehicles must front in/ front out to/ from the development.

Construction Traffic Management Plan

84        A Construction Management Plan must be lodged with Council prior to the issuing of a Construction Certificate. As per DCP Part R, the Construction Management Plan should address (but not necessarily be limited too) issues related to the movement of construction vehicles to and from the site, safe access of construction vehicles, and any conflict with  other road users in the street including public transport. Heavy vehicles will not be permitted  to travel on local roads unless prior Council permission is obtained from Council’s Traffic  section. Consultation with NSW Police, RMS and Transport for NSW / Sydney Buses will be required as part of preparation of the Construction Traffic Management Plan. 

            Construction Management Plan should specify proposed Work/Construction Zones and the impact of the construction traffic activities to all road users including pedestrians and cyclists. The Construction Management Plan may contain issues requiring the attention and  approval of the Lane Cove Traffic Committee (LTC). The Construction Management Plan  should also assess and address the impact of construction vehicles travelling through the  surrounding road network.

Landscaping Conditions

GENERAL CONDITIONS

85.       Approved landscape plans and supporting documentation

            Development must be carried out in accordance with the approved landscaped plans except where the conditions expressly require otherwise.

             In the event of any inconsistency between the approved plans and any supporting documentation, the approved plans prevail.

            Reason: To ensure all parties are aware of the approved plans and supporting  documentation that applies to the development.

BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

86.      Design amendments

            Before the issue of a construction certificate, the certifier to the satisfaction of Council must  ensure the approved construction certificate (and specifications) detail the following  required amendments to the approved plans and supporting documentation stamped by  Council.

          Rooftop Communal Open Space – Missing Symbols

         Landscape plan LP 04 indicates with numbers 1 and 4 proposed furniture and amenities for the roof top area. However, there are no symbols applicable to these numbers demonstrating the approximate size and shape of these features.

         The Landscape Architect is to amend their plans to include this information and to send back to Councils Landscape Architect prior to issue of Construction Certificate.

         Rooftop Communal Open Space

         The Communal Open Space at the roof level shall be to a high level of design and shall be equipped with the following:

o  Natural shade from midsized trees in raised planter boxes

o  Additional shade from a retractable awning with the minimum dimension of 3m x 3m

o  Toilet facilities

o  Barbecue facilities

o  Power points

o  Water and sink

o  Direct lift access to the area

            The Landscape Architect is to revise their design to incorporate a minimum of   4 x midsized trees in the rooftop communal open space. Additional Landscape Area   should be provided on the rooftop to cater for soil depth for the proposed trees.

            Reason:  To require minor amendments to the approved plans and supporting  documentation following assessment of the development. Further, to ascertain the intentions  of the landscape plans and to provide shade and amenity to the users of the rooftop area.

87.       Plant supply

            All trees planted on site shall conform to Australian Standard AS 2303-2015 Tree Stock for  Landscape Use.  All other plants shall conform to NATSPEC specifications and be free  from disease or defects and be in a healthy condition.

            Reason:  To ensure the proposed planting is free of disease and defects to provide the best chance for successful establishment and ongoing health and vigour.

88.      Planting of garden beds

           All garden beds shall be planted out with enough plant quantities and spacing to ensure  that no areas of bare mulch remain visible following the typical 12-month landscape  establishment period.

            Reason:  For suppression of weeds and to fulfil the Landscape Design Intent.

89.       Automatic irrigation system

            An automatic drip irrigation system is to be designed and installed to all garden bed areas  that will ensure the ongoing health of the planting scheme for the life of the development.

             Reason:  To ensure adequate moisture levels are maintained for the 12-month establishment period eliminating the threat of plants dying due to lack of water during this  time of in times of future drought.

90.         Raised planter boxes

            All raised planter boxes shall be waterproofed by a licensed professional in accordance with  AS4654.1-2012 Waterproofing membranes for external above-ground use

            Reason:  The ensure the structural integrity of the planter box and parking structure below  are maintained and to ensure that no leaks occur in the raised planter box as installed.

WHILE BUILDING WORK IS BEING CARRIED OUT

91.         Compliance Certificate for waterproofing planting on structures

             A certificate must be submitted by a qualified practising Landscape Architect certifying that the proposed subsoil drainage and any associated waterproofing membrane have been installed in accordance with the details shown on the approved landscape working drawings and specification to all raised and formed garden bed areas.

             Reason:  To ensure there is no water penetrating the planter boxes to the infrastructure or  building below.

92.       Cut and fill

            While building work is being carried out, the principal certifier must be satisfied all soil removed from or imported to the site is managed in accordance with the following requirements:

             All excavated material removed from the site must be classified in accordance with the EPA’s Waste Classification Guidelines before it is disposed of at an approved waste management  Facility and the classification and the volume of material removed must be reported to the Principal certifier. All fill material imported to the site must be Virgin Excavated Natural Material  as defined in Schedule 1 of the Protection of the Environment Operations Act 1997 or a material   identified as being subject to a resource recovery exemption by the NSW EPA. 

            Reason:  To ensure soil removed from the site is appropriately disposed of and soil imported  to the site is safe for future occupants.

93.       Uncovering relics or Aboriginal objects      While building work is being carried out, all such works must cease immediately if a relic or  Aboriginal object is unexpectedly discovered. The applicant must notify the Heritage Council of  NSW in respect of a relic and notify the Secretary of the Department of Planning, Industry and   Environment and the Heritage Council of NSW in respect of an Aboriginal object. Building work  may recommence at a time confirmed by either the Heritage Council of NSW or the Secretary of  the Department of Planning, Industry and Environment.  In this condition:

· “relic” means any deposit, artefact, object or material evidence that:

(a)       relates to the settlement of the area that comprises New South Wales, not being Aboriginal settlement, and

(b)       is of State or local heritage significance; and

 “Aboriginal object” means any deposit, object or material evidence (not being a handicraft made for sale) relating to the Aboriginal habitation of the area that comprises New South Wales, being habitation before or concurrent with (or both) the occupation of that area by persons of non -Aboriginal extraction and includes Aboriginal remains.

              Reason:  To ensure the protection of objects of potential significance during works.

BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

Note: Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to the attention of via e-mail at service@lanecove.  nsw.gov.au within five (5) working days of the date of issue.

Reason:  To meet Council Statutory Regulations.

94.         Practical Completion Report - Landscape works

             A landscape practical completion report must be prepared by the consultant landscape architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. This report must certify that all landscape works have been completed in accordance with the landscape working drawing. A copy of the report must be submitted to Council.

             Reason:  To ensure the landscape works have been carried out in accordance with the stamped approved construction documents.

95.         Practical Completion Report - Landscape maintenance and establishment

             At the completion of the landscape maintenance period, the consultant landscape architect/designer must submit a final report to Council or the accredited certifier, certifying that all plant  material has been successfully established, that all of the outstanding maintenance works or defects have been rectified prior to preparation of the report and that a copy of the 12 month landscape maintenance strategy has been provided to the Owner/ Occupier.  A copy of the  report must be submitted to Council.

            Reason:  To ensure the landscape works have been carried out in accordance with the stamped approved construction documents.

96.       Repair of infrastructure: Before the issue of an occupation certificate, the applicant must ensure any tree to be retained or surrounding public open space or landscape areas damaged as a result of the carrying out of building works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) is fully repaired to the written satisfaction of Council, and at no cost to Council.

           Note: If the council is not satisfied, the whole or part of the bond submitted will be used to cover the rectification work.

           Reason:  To ensure any damage to public infrastructure is rectified to identify damage to  existing trees retained resulting from building work on the development site

ENVIRONMENTAL HEALTH CONDITIONS

97.      Detailed site investigation

A Detailed Site Investigation (Contamination) (DSI) is to be carried out prior to the issue of the construction certificate. The DSI shall provide information on land and ground water contamination and migration in relation to past and current activities and uses that may have occurred on the site. Any recommendations for further investigations identified in the Preliminary Site Investigation are to be carried out as part of the DSI. The DSI is to provide recommendation on the need for any further targeted investigation(s) and/or site remediation (if deemed necessary).

The DSI and Remediation Action Plan (RAP) (if required) shall be undertaken/completed by a suitably qualified environmental consultant in accordance with relevant Acts/guidelines:

·        Contaminated Land Management Act 1977

·        NEPC National Environment Protection (Assessment of Site Contamination) Measure 1999 (as amended 2013) (NEPC, 2013); and

·        NSW EPA Guidelines for Consultants Reporting on Contaminated Lane (NSW EPA, 2020).

An NSW Environmental Protection Authority (EPA) Accredited Site Auditor shall provide a Site Audit Statement at the completion of the earthworks (and after any further investigation and/or remediation works), i.e. prior to construction, and provide a Validation Certificate to confirm that:

·        Any remediation works have been undertaken in accordance with the relevant requirements;

·        the site is suitable for its intended use; and

·        that all works have been completed in accordance with SEPP 55 and the NSW EPA requirements for consultants reporting on contaminated sites.

Note:

Prior to any remediation works, a Site Environmental Management Plan (SEMP) must be prepared by a suitably qualified environmental consultant. The SEM shall include measures to address the following matters:

a)         General site management, site security, barriers, traffic management and signage

b)         Hazard identification and control

c)         Worker health & safety, work zones and decontamination procedures

d)         Prevention of cross contamination

e)         Appropriate site drainage, sediment controls, and if necessary dewatering

f)          Air quality criteria to be implemented during remediation, in accordance with Part 8 of the WHS Regulation 2011

g)         Air and water quality monitoring requirements

h)         Air quality management measures for asbestos to protect on-site workers and the surrounding community during remediation, particularly in relation to dust mitigation

i)          Site work responses to be implemented during remediation should environmental monitoring criteria be exceeded

j)          Storage, handling, classification, and disposal of hazardous wastes

k)         contingency plans and incident reporting, including Health and Safety and environmental incident management

l)          Details of provisions for monitoring implementation of remediation works and persons/consultants responsible (to include contact name and numbers)

m)        Details for deliveries, parking and vehicular access to and from the site, ensuring adequate measure are in place to minimise environmental and neighbourhood disturbance

n)         Any other proposed preventative response procedures to manage the issue of public exposure to contaminants including but not limited to asbestos

o)         Containment control zones

p)         A copy of the Auditor approved Site Environment Management Plan is to be forwarded to Council prior to commencing remediation works.

Reason: To ensure that the site is suitable for its intended use.

98.      An Operational Waste Management Plan is to be prepared in accordance with Part Q of the   Lane Cove DCP and is to be submitted for approval prior to the issue of the construction certificate.

99.     A Section 88B Instrument is to be created on the Deposited Plan that states the following: ‘the property is in proximity of a service station and a liquor outlet/commercial premises that due to the approved hours of operation may have an impact on the amenity of the locality and the response of residents’.

100.     Construction environmental management plan

Prior to the commencement of any works including remedial works, a construction environmental management plan (CEMP) must be prepared for the site and submitted to Council for written approval prior to the commencement of work. The CEMP must consider all potential environmental impacts from the approved works including but not limited to sedimentation control, contamination containment, stockpiles, noise and vibration, odours and dust emissions. All works must be undertaken onsite in accordance with the approved CEMP.

Reason: To ensure health and safety.

101.    On-site Containment

Should it be proposed to provide on-site containment/capping of asbestos or other contaminants, written details of the proposal must be contained in the Remedial Action Plan and must be referred to Council for consideration and written concurrence must be obtained from Council prior to implementation of the Remedial Action Plan.

Reason:

102.   Offsite disposal of contaminated soil

All contaminated material to be removed from the site will need to be assessed, classified, and managed in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the NSW EPA Waste Classification Guidelines (2014). Once assessed, the materials will be required to be disposed to a licensed waste facility suitable for the classification of the waste with copies of tipping dockets supplied to Council. Copies of all test results and disposal dockets must be retained for at least 3 years and be made available to authorised Council officers on request.

Reason: To ensure health and safety.

103.    Hazardous or intractable wastes

Hazardous or intractable wastes arising from the site works, excavation and remediation process must be removed and disposed of in accordance with the requirements of WorkCover NSW and the Environment Protection Authority, and with the provisions of:

· Work Health and Safety Act 2011;

· The Occupational Health and Safety (Hazardous Substances) Regulation 2001;

· The Occupational Health and Safety (Asbestos Removal Work) Regulation 2001;

· Protection of the Environment Operations Act 1997 (NSW);

· Protection of the Environment Operations (Waste) Regulation 2005;

· Waste Avoidance and Resource Recovery Act 2001; and

· NSW EPA Waste Classification Guidelines (2014).

The works must not cause any environmental pollution, public nuisance or, result in an offence under the Protection of the Environment Operations Act 1997 or Work Health & Safety Act 2011 and Regulations.

Reason: To ensure health and safety.

104.    Removal of Underground Storage Tanks

The removal of underground storage tanks shall be undertaken in accordance with NSW WorkCover requirements which includes writing to the Chief Inspector of Dangerous Goods and complying with any conditions imposed. The tank removal shall be conducted in accordance with the Australian Institute of Petroleum's Code of Practice, The Removal and Disposal of Underground Petroleum Storage Tanks (AIP CP22-1994) and AS4976-2008 The removal and disposal of underground petroleum storage tanks. In the event of conflict between the Code of Practice and NSW WorkCover requirements, the latter shall prevail.

Reason: To protect the environment.

105.     Ground Level Commercial Floor Area Occupation and fitout of the ground floor commercial floor area approved by this consent is subject to separate approval.

            Reason: To ensure an adequate assessment of any commercial usage is undertaken.

106.     Construction and fit-out of food premises

To ensure that adequate provision is made for the cleanliness and maintenance of all food preparation areas, the construction and fit-out of any food premises must comply with the following:

i)          The Food Act 2003 (as amended);

ii)         Food Regulation 2015 (as amended);

iii)         Australia and New Zealand Food Standards Code;

iv)        Australian Standard AS 4674 – 2004 (Design, construction and fit-out of a food premises);

v)         Sydney Water – trade Waste Section;

vi)        The Protection of the Environment Operations Act 1997; and

vii)       The Building Code of Australia.

A certificate of compliance with (iv) for the proposed kitchen design shall be submitted to the Principal Certifying Authority, prior to issuing the relevant Construction

Certificate.

Reason: To ensure food preparation areas meet the relevant requirements.

107.     Compliance with acoustic report

The Construction Certificate drawings shall demonstrate compliance with the recommendations contained in the submitted Acoustic Report. The Report is to include details of the specified AC plant and any other plant equipment for which details are unknown at the DA stage.

Reason: To ensure acoustic mitigation measures adhere to relevant standards/requirements.

108.     Construction noise

While building work is being carried out, and where a noise and vibration management plan is approved under this consent, the applicant must ensure that any noise generated from the site is controlled in accordance with the requirements of that plan.

OR

While building work is being carried out the applicant is to ensure that any noise caused by demolition, vegetation removal or construction does not exceed an LAeq (15 min) of 5dB(A) above background noise, when measured at any lot boundary of the property where the construction is being carried out.

Reason:  To protect the amenity of the neighbourhood.

109.    Stockpiles

Stockpiles of topsoil, sand, aggregate, spoil or other material capable of being moved by water to be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

Reason: To mitigate adverse environmental impacts on the surrounding area.

110.    Storage and assessment of potentially contaminated soils

a)         All stockpiles of potentially contaminated soil must be stored in an environmentally acceptable manner in a secure area on the site.

b)         All stockpiles of potentially contaminated soils must be assessed in accordance with relevant NSW Environment Protection Authority guidelines, including NSW EPA Waste Classification Guidelines (2014).

Reason: To mitigate adverse environmental impacts on the surrounding area.

111.    Environmental Impacts during construction

The works shall not give rise to environmental pollution or public nuisance or, result in an offence under the Protection of the Environment Operations Act 1977 or the NSW Occupational Health and Safety Act (2000) & Regulations (2001).

Reason: To protect the environment.

112.    Compliance with acoustic report

At completion of the construction works and prior to the issue of any occupation certificate, a validation certificate is to be submitted to the Principal Certifier confirming that the development has been constructed in accordance with the acoustic report, and that the internal noise levels have been achieved.

Reason: To ensure adequate internal acoustic amenity.

Waste Management Conditions

113.    Waste and Recycling Storage Rooms

·    Level 1waste and recycling rooms must be of sufficient size to accommodate garbage chute systems, a total of 1 x240L garbage bins per 3 units, 1 x240L yellow recycling bins per 10 units and 1 x 240L blue recycling bins per 10 units with adequate space for maneuvering garbage and recycling bins. 240L green waste bins available with up to 3 bins per premises – number can be reduced if the premises remove green waste privately.

o  Minimum clearance between bins of 300mm;

o  Minimum door openings of 1700mm; &

o  Minimum distance of 1700mm between rows of bins (where bins are located on either side of the room).

·    The floor of waste and recycling rooms (including bulky waste storage rooms) must be constructed of either:

o  Concrete which is at least 75mm thick; or

o  Other equivalent material; and

o  Graded and drained to a floor waste which is connected to the sewer

·    All floors must be finished to a smooth even surface, coved at the intersection of walls and floor.

·    The walls of waste and recycling rooms, bulky waste storage areas and waste service compartments must be constructed of solid impervious material and must be cement rendered internally to a smooth even surface coved at all intersections.

·    All waste and recycling rooms and bulky waste storage rooms must be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock.

·    A close-fitting and self-closing door that can be opened from within the room must be fitted to all waste/recycling and bulky waste storage rooms.

·    All waste/recycling and bulky waste storage rooms must be constructed to prevent the entry of vermin.

·    All waste/recycling and bulky waste storage rooms must be ventilated by either:

o  Mechanical ventilation systems exhausting at a rate of 5L/s per m2 of floor area, with a minimum rate of 100l/s; or

o  Permanent, unobstructed natural ventilation openings direct to the external air, not less than 1/20^th of the floor area.

·    All waste/recycling and bulky waste storage rooms must be provided with artificial light controlled by switches located both outside and inside the rooms.

·    Clearly printed “No Standing” signs must be affixed to the external face of each waste/recycling and bulky waste storage room.

114.    Bulky Waste Storage Room

      Readily accessible bulky waste storage areas located near the main garbage rooms must be provided for the use of all residents. 

o  Bulky waste storage rooms must be of sufficient size to accommodate a minimum of 6m³ of bulky waste at any given time.  Doorways and travel paths must be a minimum width of 1700mm and of sufficient height and be free of obstructions to permit easy transport from individual units to the storage area, and from the storage area to collection point.

115.     Access to Waste Collection Point

      All waste must be collected on-site via on-site access by Council’s garbage collection vehicles. 

o  The location(s) of waste and recycling rooms & bulky waste storage areas must be conveniently accessible for both occupants and Council’s waste collection contractors.

o  The minimum finished ceiling height must be 2.6m along the path of travel from the street to the residential waste and recycling collection point and maneuvering area.  This clearance must be kept free of any overhead ducts, services and other obstructions.

o  The maximum grade of any access road leading to the waste and recycling collection point must not be more than 1:5 (20%).  The turning area at the base of any ramp must be sufficient for the maneuver of a 6.0m rigid vehicle to enter and exit the building in a forward direction.

o  Where security gates are proposed, a Council master key system must be installed to permit unimpeded access.

116.    Indemnity

      Prior to the issue of an Occupation Certificate, the applicant must enter into a suitable Deed indemnifying Council and its contractors against claims for loss or damage to common property, liabilities, losses, damages and any other demands arising from any on-site collection service. This is to be submitted to Council at least forty (40) days, prior to any occupation of the building.

117.    Composting/Worm Farming

      The applicant must provide a container for communal composting/worm farming, the siting of such must have regard to potential amenity impacts. 

118.    Internal Waste Management

     Internal waste/recycling cupboards with sufficient space for one day’s garbage and recycling generation must be provided to each dwelling. 

119.     Provision of Waste Services

            Prior to the issue of an Occupation Certificate, the applicant must make written application to Council for the provision of domestic waste services.