minutes of the development control unit meeting · 2 pes - da 300/2015 - mixed use - 2 wharf...

MINUTES OF THE DEVELOPMENT CONTROL UNIT

MEETING

HELD AT COUNCIL CHAMBERS, BREESE PARADE, FORSTER

ON THURSDAY, 17 SEPTEMBER 2015

TABLE OF CONTENTS

PRESENT ................................................................................................................................................... 1

IN ATTENDANCE ...................................................................................................................................... 1

OBSERVER ............................................................................................................................................... 1

APOLOGIES .............................................................................................................................................. 1

ADOPTION OF MINUTES OF MEETING ................................................................................................. 1

DECLARATIONS OF PECUNIARY & NON-PECUNIARY CONFLICTS OF INTEREST ........................ 1

PUBLIC ADDRESSES ............................................................................................................................... 1

CONSIDERATION OF OFFICERS’ REPORTS: ....................................................................................... 2

DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES ................................................................ 2

2 PES - DA 300/2015 - Mixed Use - 2 Wharf Street, Tuncurry ........................................................................ 2 1 PES - DA 473/2015 - Alterations & Additions - Blueys Beach .................................................................... 15

MEETING CLOSURE .............................................................................................................................. 21

DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 17 SEPTEMBER 2015 Page 1

Minutes of the Development Control Unit Meeting of the Great Lakes Council held at the Council Chambers, Breese Parade, Forster on 17 September 2015 commencing at 2pm.

PRESENT

Mayor - Cr Jan McWilliams (Chairperson), Director Planning & Environmental Services - Lisa Schiff, Director Engineering Services - Ron Hartley, Manager Development Assessments - Wayne Burgess, Manager Building Assessments - Gary Mead.

IN ATTENDANCE

Admin Officer - Yvette Ellis (Minute Taker).

OBSERVER

Nil.

APOLOGIES

Nil.

ADOPTION OF MINUTES OF MEETING

34 RESOLUTION

That the Minutes of the Development Control Unit Meeting of 10 September 2015, copies of which were distributed among the Committee members, be taken as read and confirmed as a true record of proceedings.

DECLARATIONS OF PECUNIARY & NON-PECUNIARY CONFLICTS OF INTEREST

Nil.

PUBLIC ADDRESSES

Public Addresses - DA 300/2015 - 2 Wharf St, Tuncurry Subject: PES - DA 300/2015 - Mixed Use - 2 Wharf Street, Tuncurry Index: DA 300/2015 & PK 8835 Author: Senior Development Assessment Planner - Robyn Shelley DCU Meeting: 17 September 2015 Ms Kathleen Clinch (Objector/Neighbour) addressed the Committee objecting to the Development Application and raising concerns in regard to the bulk and scale of the development, and loss of amenity. Mr Barry Evans (Applicant) addressed the Committee in support of the Development Application. Mr Evans answered questions from the Committee.


CONSIDERATION OF OFFICERS’ REPORTS:

DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES

2 PES - DA 300/2015 - Mixed Use - 2 Wharf Street, Tuncurry

Index: DA 300/2015 & PK 8835 Author: Senior Development Assessment Planner - Robyn Shelley DCU Meeting: 17 September 2015

RECOMMENDATION:

It is recommended that Development Application No. 300/2015 for the demolition of the existing structure and construction of a two storey mixed use development on Lot 4 DP 759005, 2 Wharf Street, Tuncurry be approved as follows: GENERAL CONDITIONS 1. Development in accordance with approved plans

The development must be implemented in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.

Plan type/Supporting Document

Plan No. & version Prepared by Dated

Site & Context Plan 2094 Revision C Barry Evans & Associates 01-6-15

Plan Ground Level 2094 Revision G Barry Evans & Associates 01-6-15

Elevations 2094 Revision C Barry Evans & Associates 01-6-15

Stormwater Detention Plan

14077_D_2 Coastplan Group Pty Ltd Nov 2014

Landscape Plan Not numbered Ben Allport 08-12-14

The approved plans and supporting documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken. Reason: Information and to ensure compliance.

2. Design Changes – Plan amendments The proposal must be amended in the following manner: a) The proposed habitable ground floor levels are to be raised to a minimum RL 2.9 m AHD.

b) A small retaining wall is to be constructed along the northern boundary with 4 Wharf Street adjacent to the Bakers Lane to ensure all stormwater from the development site is contained and drained to Bakers Lane.

c) The driveway to service the car parking space for people with a disability is to be 6 m wide.

d) The fence along the boundary in Bakers Lane is to be constructed with a pool fence construction to a maximum height of 1.5m. Any gates must be of a similar construction and:-

i) operated by electronic control so that the vehicles are not parked in the lane while the driver closes the gate; and

ii) open to slide along the property boundary (or similar so that the gate does not open onto the Council road reserve - Bakers Lane).


e) Landscaping provided along the pool fence in Bakers Lane must be designed and maintained in accordance with figure 3.3 of Australian Standard AS 2890.1.

f) Details showing an infiltration/detention storage area/s that will ensure that stormwater from the site is restricted to the pre-development discharge rate for all storm events up to and including the 1 in 5 year storm. The infiltration/detention storage area/s are to be located downstream of the water quality measures (eg rainwater garden).

The infiltration areas must be located and designed so not adversely affect the proposed dwelling, structures and the adjacent properties.

g) Substitute the panel lift door for the garage of Unit 3 for a door or window. No vehicular access is permitted from Bakers Lane to the garage of Unit 3.

h) The balcony where it extends over the footpath must be removed and substituted for an awning over the footpath.

i) The proposed paving within the road reserve is to be deleted from the landscaping plan.

Plans detailing these amendments must be submitted with the application for a construction certificate.

Reason: To improve the general design of the development.

2. Adjustment to utility services

All adjustments to existing utility services made necessary by the development are to be undertaken at no cost to Council.

Reason: To ensure utility services remain in serviceable condition.

4. Compliance with Building Code of Australia

All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made. Reason: Prescribed condition under the Environmental Planning & Assessment Regulation

2000.

5. Adaptable Housing The ground floor residential unit must be designed to be capable of adaptation for access and mobility in accordance with the Australian Adaptable Housing Standard. Reason: To ensure compliance with Council Policy.

PRIOR TO THE COMMENCEMENT OF ANY DEMOLITION WORK The following conditions must be satisfied prior to the demolition of any building: 6. Erosion and sediment control plan

Prior to the commencement of demolition work, an erosion and sediment control plan prepared by a suitably qualified person in accordance with “The Blue Book – Managing Urban Stormwater (MUS): Soils and Construction” (Landcom) must be submitted to and approved by the certifying authority. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices including catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins. Reason: To protect the environment from the effects of erosion and sedimentation.


7. Installation of approved erosion & sediment control measures Prior to the commencement of demolition work, erosion and sedimentation controls must be installed in accordance with the approved erosion and sediment control plan and are to be maintained for the duration of the project. Reason: To protect the environment from the effects of erosion and sedimentation.

8. Construction certificate required Prior to the commencement of any demolition or building construction work (including excavation), a construction certificate must be issued by a certifying authority. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 6591 7222. Reason: Statutory requirement under the Environmental Planning and Assessment Act 1979.

9. Notification of commencement and appointment of principal certifying authority Prior to the commencement of any demolition or building construction work (including excavation), the person having the benefit of the development consent must appoint a principal certifying authority and give at least two (2) days' notice to Council, in writing, of the persons intention to commence construction work. Reason: Statutory requirement under the Environmental Planning and Assessment Act 1979.

10. Site construction sign Prior to the commencement of work, a sign or signs must be erected in a prominent position at the frontage to the site. a) showing the name, address and telephone number of the principal certifying authority for

the work, and

b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c) stating that unauthorised entry to the work site is prohibited. The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. Reason: Prescribed condition under the Environmental Planning and Assessment Regulation

2000.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE The following conditions must be complied with prior to the issue of any Construction Certificate: 11. Acid sulphate soil assessment

Prior to the issue of a construction certificate, an acid sulphate soil assessment must be submitted to and approved by the certifying authority for works involving excavations beyond 1 metre below natural ground surface. The acid sulphate soil assessment must be undertaken in accordance with the Acid Sulphate Soil Manual (NSW ASSMAC 1998).

Reason: Management of acid sulphate soils.


12. Erosion and sediment control plan Prior to the issue of a construction certificate, an erosion and sediment control plan prepared by a suitably qualified person in accordance with “The Blue Book – Managing Urban Stormwater (MUS): Soils and Construction” (Landcom) must be submitted to and approved by the certifying authority. Control over discharge of stormwater and containment of run-off and pollutants leaving the site/premises must be undertaken through the installation of erosion control devices including catch drains, energy dissipaters, level spreaders and sediment control devices such as hay bale barriers, filter fences, filter dams, and sedimentation basins. Reason: To protect the environment from the effects of erosion and sedimentation.

13. Works within the road reserve Prior to the issue of a construction certificate, an application for a Public Engineering Works Permit (PEWP) must be submitted to and approved by Council for the road reserve works listed in the table below. Each work must be carried out in accordance with the standard specified in the column opposite the work. All works must include the adjustment and/or relocation of services as necessary to the requirements of the appropriate service authorities.

Work Standard to be provided

Footpath/cycleway for the full frontage of the site in Kent Street and Wharf Street including associated pram ramps at kerb

2.5m wide at a cross-fall of 1 % or 1:100 (maximum 2.5% or 1 in 40) in accordance with Council Standard Drawing No. 165. The back of the footpath is to have a minimum 50 mm fall to the adjacent top of kerb

Bus Stop paving at the adjacent bus stop in Wharf Street

Works are to include tactile markings and paving in compliance with Commonwealth Disability Standards for Accessible Public Transport. Plans are to show the location of the existing bus stop pole, extent of the paving, tactile markings.

Grading, trimming, topsoiling and turfing of the unpaved footpath area

The surface levels are to be finished flush with adjacent road or kerb levels.

Removal of the disused driveway and vehicular crossings

Reinstate with kerb and gutter

Under-grounding of electricity mains along the frontage of the development site

Electrical supply to the new development must be underground. Installation of conduits for the future undergrounding of the:- 1. High & low voltage overhead lines in Wharf Street

extending across the property frontage to the power pole adjacent to 6 Wharf Street;

2. Any low voltage overhead lines in Kent Street extending across the property frontage from the power pole at the corner of Wharf /Kent Streets to the power pole adjacent to 1 Kent Street (in Bakers Lane).

Final details must be to the requirements and condition/s of Essential Energy.

Reason: To ensure works within Council’s road reserve are constructed to a suitable standard

for public safety.


14. Awning

The awning must be designed by a suitably qualified and experienced professional engineer. The following details must be submitted with the Construction Certificate:-

a) Details showing the underside of the awning having a minimum 3m clearance to the ground level (except for the lowest part of the fascia or outer beam of the awning is to be 2.6m)

b) The written approval from:-

i) Essential Energy for the power line where it is located in close proximity to the awning/development;

ii) Telstra and Mid Coast Water.

For the location and construction of the awning.

Reason: To ensure public safety.

15. Driveway levels application

Prior to the issue of a construction certificate, a Driveway Levels Application must be submitted to Council for approval. A Driveway Levels Application Form must be completed and submitted to Council together with the application fee and all required plans and specifications.

Driveways must be constructed by a qualified/licensed contractor at no cost to Council in accordance with the driveway levels and construction standards issued by Council and the following requirements:

a) The driveway to service the car parking space for people with a disability is to be 6 m wide.

Reason: To ensure works within Council’s road reserve are constructed to a suitable standard for public safety.

16. Traffic management plan

Prior to the issue of a construction certificate, a traffic management plan including measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development must be submitted to and approved by the certifying authority. The traffic control plan must be designed in accordance with the requirements of the Roads and Traffic Authority’s Manual, Traffic Control at Work Sites Version 2 and Australian Standard AS 1742.3: Manual of uniform traffic control devices - Traffic control for works on roads’.

The plan must incorporate measures to ensure that motorists using the road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction on the site or adjacent to the site.

The traffic control plan must be prepared by an accredited person trained in the use of the current version of RTA Traffic Control at Work Sites manual.

The approved Construction traffic management plan must be implemented prior to the commencement of work.

Reason: To ensure public safety during the construction of the development.

17. Driveway details

Prior to the issue of a construction certificate, plans and specifications detailing vehicular access from the site boundary to the proposed car space(s) must be submitted to and approved by the certifying authority. Vehicular access must have an impervious finish and be in accordance with AS/NZS 2890.1-2004: Parking facilities, Part 1: Off-street car parking.1. Plans must include the following items:


a) pavement description;

b) site conditions affecting the access;

c) existing and design levels;

d) drainage (open drains, pipes, etc.), including calculations and catchment details;

e) along the critical edge of the vehicle travel path.

Reason: To ensure suitable vehicular access is provided to the development.

18. Flood planning level for the development

Prior to the issue of a construction certificate, plans and specification detailing the use of flood compatible materials and fixtures in non-habitable areas below the flood planning level must be submitted to and approved by the certifying authority. The flood planning level for the commercial and habitable residential components of this development is R.L. 2.9m A.H.D.

Reason: To protect the building from flooding in accordance with Council and NSW Government Policy.

19. Structural certification – flood affected buildings

Prior to the issue of a construction certificate, engineering calculations and certification from a qualified structural engineer must be submitted to and approved by the certifying authority. The certificate must certify that the building, its structural components and associated earthworks have been designed to withstand flood forces due to wind wave run-up, water pressure, associated debris and impact loading arising from the 1% annual exceedance probability (AEP) flood. For the purpose of this assessment the 1% AEP flood level can be assumed to be RL 2.4m AHD with a velocity of 0.5 m/s. Reason: To ensure the building is structurally adequate to withstand impacts from flooding in

accordance with Council and NSW Government Policy.

20. Stormwater details Prior to the issue of a construction certificate, plans and specifications detailing the method of stormwater disposal from the site must be submitted to and approved by the certifying authority. The stormwater system must be designed to comply with the requirements of Australian Standard AS/NZS 3500.3: Plumbing and drainage – Stormwater drainage. The stormwater disposal system must discharge to the kerb and gutter via a suitably manufactured kerb adaptor. The engineering plans must include connection to the kerb via a suitable kerb adaptor and the pipeline located within the road reserve to be sewer grade or hot dipped galvanised rectangular hollow section.

Reason: To ensure adequate provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties.

21. On-site stormwater detention

Prior to the issue of a construction certificate, plans and specifications of the stormwater drainage system, including on-site stormwater detention must be submitted to and approved by the certifying authority. This system must be designed in accordance with Australian Standard AS/NZS 3500.3: Plumbing and drainage – Stormwater drainage. On-site stormwater detention must be designed to restrict stormwater discharge to the pre-development runoff rate for a 1 in 5 year storm and retained on site for the post development site for a 1 in 10 year storm. Stormwater drainage system including any overland flow for up to the 1 in 100 year storm must be designed to direct all water to a Council approved drainage system and prevent discharge runoff onto adjoining land. All piped drainage lines over adjoining land must be located within drainage easements at no cost to Council.


The plans and specifications must be designed by a qualified practising civil engineer/surveyor. The civil engineer/surveyor is to be a corporate member of the Institution of Engineers Australia or is to be eligible to become a corporate member and have appropriate experience and competence in the related field.

An approval is to be obtained under Section 68 of the Local Government Act 1993 to carry out stormwater drainage work.


22. Bond required to guarantee against damage to public land

Prior to the issue of a construction certificate, a Damage Bond Application form together with payment of a bond in the amount of $6,000 and a non-refundable administration fee of $320 must be submitted to Council. The bond is payable for the purpose of funding repairs to any damage that may result to Council assets from activities/works associated with the construction of the development and to ensure compliance with Council standards and specifications.

A final inspection will be carried out by the responsible Council officer and the bond (minus any fees required for additional inspections) will be considered for refund:

a) once all works, including landscaping, driveway construction, turfing, etc, have been completed, and

b) following issue of an occupation certificate by the certifying authority.

The damage bond is reviewed periodically and therefore the fee and bond amount payable will be determined from Council’s current fees and charges document at the time of lodgement of the damage bond.

Reason: Protection of public assets.

23. Bicycle Parking

Prior to the issue of a construction certificate, plans and specifications detailing bicycle parking for the development must be submitted to and approved by the certifying authority. The development must be provided with a class 2 bicycle enclosure suitable for at least one bicycle (compound for use by staff); and 4 class 3 bicycle rails (u-frame for use by visitors). The bicycle spaces must be designed and constructed in accordance with Australian Standard AS/NZS 2890.3: Parking facilities - Bicycle parking facilities.

Reason: To ensure suitable bicycle parking is provided within the development.

24. MidCoast Water approval

Prior to the issue of a construction certificate, a Certificate of compliance from MidCoast Water, stating that satisfactory arrangements have been made and all payments finalised for the provision of water supply and sewerage to the development, must be submitted to the certifying authority.

Reason: To ensure suitable water and sewage disposal is provided to the development.

25. BASIX Certificate

Prior to the issue of a construction certificate, plans and specifications detailing all of the BASIX Certificate commitments must be submitted to and approved by the certifying authority. The proposed development must be constructed in accordance with the requirements of BASIX Certificate No. 606932m, dated 17 February 2015. Where changes to the development are proposed that may affect the water, thermal comfort or energy commitments, a new BASIX Certificate will be required.

Reason: Prescribed condition under the Environmental Planning and Assessment Regulation 2000.


26. Access and facilities for people with disabilities Prior to the issue of a construction certificate, plans and specifications detailing access to and within the development and facilities for persons with disabilities must be submitted to and approved by the certifying authority. The development must be in accordance with Australian Standard AS 1428.1 - Design for access and mobility and Part D3 of the Building Code of Australia. Reason: To ensure the development provides equitable and dignified access and facilities for

people with disabilities.

27. S94 contributions Prior to the issue of a construction certificate, a monetary contribution must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act 1979. The services and facilities for which the contributions are levied and the respective amounts payable under each of the relevant plans are set out in the following table: Code Contributions

Plan Facility quantity unit rate amount

GLW-04

Great Lakes Wide

Library Book stock

1.8 persons @ $76.31 = $137.36

GLW-07

Great Lakes Wide

Headquarters Building

1.8 persons @ $458.19 = $824.74

GLW-05

Great Lakes Wide

s94 Admin 1.8 persons @ $210.22 = $378.40

FD04 Forster District Major Roads Inner Zone

15 1-way trips

@ $663.15 = $9,947.19

FD03 Forster District Aquatic Centre 1.8 persons @ $300.58 = $541.05

FD01 Forster District Surf Life Saving

1.8 persons @ $88.65 = $159.57

FOS-01

Forster District Open Space 1.8 persons @ $1,437.50 = $2,587.50

FD07 Forster District Library Facility 1.8 persons @ $497.39 = $895.30

FD11 Forster District Community Facilities

1.8 persons @ $542.93 = $977.27

Total = $16,448.38

Contribution rates are subject to indexation. The rates shown above are applicable until 30 June following the date of consent. Payment made after 30 June will be at the indexed rates applicable at that time. The Contributions Plan and the Standard Schedule for Section 94 Plans may be viewed on Council's web site or at Council’s offices at Breese Parade, Forster.

Reason: Statutory requirement to be paid towards the provision or improvement of facilities and services.

PRIOR TO THE COMMENCEMENT OF ANY WORK ASSOCIATED WITH THIS CONSENT

The following conditions must be satisfied prior to the commencement of any building construction or subdivision work:


28. Public safety management plan Prior to the commencement of work, consent from Council must be obtained for a public safety management plan for those works within the road reserve in accordance with Section 138 of the Roads Act 1993. The public safety management plan must include provision for (but not be limited to): a) a pedestrian barrier, alternative footpaths and ramps as necessary;

b) an awning/hoarding sufficient to prevent any substance from, or in connection with, the work falling into the road reserve;

c) the loading and unloading of building materials;

d) parking space for tradesman’s vehicles, where such vehicles must be located near the site due to tools and equipment contained within the vehicle;

e) removal of any such hoarding, fence or awning as soon as the particular work has been completed.

The approved public safety management plan is to be implemented prior to the commencement of work.

Reason: To ensure public safety during the construction of the development.

29. Erosion & sediment measures in accordance with approved plans

Prior to the commencement of work, erosion and sediment controls must be installed in accordance with the approved erosion and sediment control plan and must be maintained for the duration of the project.

Reason: To protect the environment from the effects of erosion and sedimentation.

CONDITIONS TO BE SATISFIED DURING DEVELOPMENT WORK

The following conditions must be complied with during any development work:

30. Removal of asbestos

All asbestos wastes associated with demolition/renovation works must be disposed of in accordance with the requirements of the WorkCover Authority and the following requirements:

a) The demolition handling and removal of all asbestos material is to be undertaken in accordance with NSW WorkCover requirements.

b) The details of the demolition contractor engaged to remove the existing buildings and any associated structures must be provided to Council prior to any demolition work being undertaken.

c) The removal of asbestos must be undertaken by a WorkCover licensed demolition contractor who holds the appropriate WorkCover licence (e.g. Asbestos Demolition Licence) for the material to be demolished.

d) All asbestos is to be removed from the site and be disposed of at an approved licensed waste facility.

e) All asbestos waste shall be delivered to an approved licensed waste facility in heavy duty sealed polyethylene bags. The bags are to be marked “Caution Asbestos” with 40mm high lettering. Twenty four (24) hours' notice must be given to the waste facility prior to disposal.

f) Receipts of the disposal of all asbestos to a licensed waste facility must be provided to Council within seven (7) days of the waste being disposed and prior to the issue of an Occupation Certificate.

Reason: To protect public health and safety and to ensure the correct disposal of asbestos

waste.


31. Maintenance of erosion and sediment control measures in accordance with approved plan Erosion and sediment control measures must be maintained at all times in accordance with the approved erosion and sediment control plan until the site has been stabilised by permanent vegetation cover or hard surface. Reason: To protect the environment from the effects of erosion and sedimentation.

32. Construction times Construction and/or demolition works, including deliveries on or to the site must not unreasonably interfere with the amenity of the neighbourhood and must occur only in accordance with the following: Monday to Friday, from 7 am to 6 pm. Saturday, from 8 am to 1 pm. No construction and/or demolition work, including deliveries are to take place on Sundays or Public Holidays. Reason: To maintain amenity during construction of the development.

33. Toilet facilities - sewered areas Prior to the commencement of work, toilet facilities must be provided at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a standard flushing toilet connected to a public sewer. Reason: To maintain public health.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE The following conditions must be satisfied prior to any occupation or use of the building: 34. Underground electricity

Prior to the issue of a final occupation certificate, written evidence must be provided to the principal certifying authority stating that satisfactory arrangements have been made with the electricity supply authority for the:-

provision of underground electricity supply to the development; and

the conduits for the future undergrounding of the overhead wires as in accordance with the development consent.

Reason: To ensure compliance with the Council/energy supply authority policy for the

provision of underground power supply.

35. Sealed driveway in accordance with approved Driveways Level Application Prior to the issue of a final occupation certificate, a driveway must be constructed from the edge of the road formation to the property boundary in accordance with the approved Driveway Levels Application. Reason: To ensure suitable vehicular access to the development.


36. Internal driveway in accordance with the approved plans Prior to the issue of a final occupation certificate, a driveway must be constructed from the property boundary to the proposed car spaces in accordance with the approved plans. Reason: To ensure suitable vehicular access is provided to the development.

37. Redundant works in the road reserve to be removed

Prior to the issue of a final occupation certificate, redundant footpath crossings and/or access culverts must be removed and reconstructed and footway access restored at no cost to Council. The consent of Council must be obtained prior to undertaking the work in accordance with Section 138 of the Roads Act 1993. Reason: To ensure public safety and facilitate the preservation of on street parking spaces.

38. Street tree planting

Prior to the issue of a final occupation certificate, a minimum of three street trees are to be planted within the footpath /nature reserve along each site's street property frontage. Tree species shall be Tristaniopsis Laurina 'Luscious' Water Gum along both street frontages of Kent and Wharf Streets and planted to the following requirements:-

a) the minimum plant pot size is to be 250mm;

b) planted with a suitable 450 mm deep root barrier;

c) provided with slow release fertiliser;

d) be mulched with 100mm of native tree mulch;

e) be protected by a suitable tree guard;

f) planted in general accordance with Council standard drawing STD 172;

g) kept clear of underground public utility services (utility services are to be shown on the detailed design plan);

h) located not to impeded/reduce sight distance of drivers of vehicles entering/exiting the site;

i) maintained to a healthy state and watered over a minimum 18 months (that includes two summer growing seasons).

Details of the location of the street trees are to be approved by Council. Reason: To maintain environmental and streetscape amenity.

39. Stormwater Treatment System

Prior to issue of any occupation certificate, the infiltrating raingarden must be constructed in accordance with the approved plans (Drawing No S01, Amendment Date July 2015) including any amendments contained within these conditions. It must meet the following criteria: a) The infiltrating raingarden must have a minimum filter surface area of 5m

2, and positioned

to be conducive with the contours. The infiltrating raingarden is to receive overflow from the 10KL rainwater tank collecting 100% of the roof area. The driveway area is to be collected and directed to the raingarden as per the designs submitted.

b) The infiltrating raingarden is to be constructed without the underdrains to allow infiltration into the sandy soil. After the base layer is prepared the layers of sand and filter media can be added on top as specified in the Water Sensitive Design Chapter of Great Lakes Council's DCP. The layers are to consist of: 100mm of course washed sand with particle size of 1mm, 400mm of sandy loam filter media and 100mm of depth for water detention finished 50mm above the maximum water level water collection.


c) Sides of the infiltrating raingarden must be lined with a HDPE impermeable liner or equivalent extending 200mm below the filter media to avoid exfiltration of water into surrounding sands.

d) Filter media shall be of uniform sandy loam texture and be consistent with the specifications contained in Great Lakes Council's Fact Sheet 16 ‘Filter Media for Raingardens' Guidance for Water Sensitive Provisions of the Great Lakes Development Control Plan, dated 10 April 2014.

e) High flow from the overflow pit is to be directed with a 1-2% fall to the kerb and gutter via a suitably manufactured kerb adaptor. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works must be installed by a suitably qualified person and in accordance with the requirements of Australian Standard AS/NZS 3500.3: Plumbing and drainage – Stormwater drainage.

f) Rock protection beneath the rain water tank overflow pipe and down pipes to prevent erosion.

g) Contain at least two species of plants selected from Great Lakes Council's Fact Sheet 15 ‘Local Plant Selection for Raingardens', Guidance for Water Sensitive Provisions of the Great Lakes Development Control Plan, dated 10 April 2014, planted at densities indicated in the fact sheet.

h) The infiltrating raingarden must be protected by sediment and erosion control measures during construction and be connected after all hardstand areas have been paved or sealed and cleaned.

i) A grated drain captures runoff from the driveway area and water is directed to the raingarden. The driveway is to have a 1-2% cross fall towards the grated drain.

Reason: To ensure compliance with Council’s water quality objectives.

40. Compliance of infiltrating raingarden to plans

Prior to the issue of any occupation certificate, written certification by the builder or plumber or plumber is to be submitted to the certifying authority that construction levels and drainage lines have been installed in accordance with the approved stormwater drainage plans and conditions. Reason: To ensure compliance with Council’s water quality objectives and ensure that the

raingarden systems are constructed in accordance with approved plans and standards and conditions of consent.

41. Infiltrating Raingarden Maintenance for Dwellings

Prior to issue of any occupation certificate a permanent notice identifying the location of the raingarden is to be displayed in the metre box or other visible locations on the property. The raingarden shall be maintained by the owner in perpetuity including free draining filter media and approved plant species and densities (including the removal of weeds) and protection from erosion and scour within the raingarden. Reason: To ensure compliance with Council’s water quality objectives.

42. MidCoast Water approval

Prior to the issue of a final occupation certificate, a certificate of compliance from MidCoast Water, stating that satisfactory arrangements have been made and all payments finalised for the provision of water supply and sewerage to the development, must be submitted to the principle certifying authority. Reason: To ensure suitable water and sewage disposal is provided to the development.


43. BASIX Compliance

Prior to the issue of a final occupation certificate, all of the required commitments listed in the BASIX certificate must be fulfilled.


ONGOING USE

The following conditions must be satisfied during the ongoing use of the development:

44. Noise

Noise associated with the premises including all associated mechanical plant and equipment must not be a source of “offensive noise” at the nearest affected premises:

"offensive noise" is defined under the Protection of the Environment Operations Act 1997 as noise:

1. that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances: i) is harmful to (or is likely to be harmful to) a person who is outside the premises

from which it is emitted, or ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort

or repose of a person who is outside the premises from which it is emitted, or 2. that is of a level, nature, character or quality prescribed by the regulations or that is made

at a time, or in other circumstances, prescribed by the regulation.

Reason: To maintain acoustic amenity to adjoining properties.

45. Spa pool pump location

The swimming pool filter pump must be located so that noise from the operation of the pump is not a source of offensive noise, as defined by the Protection of the Environment Operations Act 1997, at any other residential premises. If necessary an acoustic enclosure must be provided around the pump to achieve adequate noise attenuation.


46. Spa pool pump operation

Noise from the swimming pool pump must not be audible within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

1. before 8 am or after 8 pm on any Sunday or public holiday, or

2. before 7 am or after 8 pm on any other day.

Noise associated with the swimming pool pump must not be a source of offensive noise as defined by the Protection of the Environment Operations Act 1997 at all other times.


47. Air conditioner operation

Noise from the air conditioner must not audible within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

1. before 8 am or after 10 pm on any Saturday, Sunday or public holiday, or

2. before 7 am or after 10 pm on any other day.

Noise associated with the air conditioner must not be a source of offensive noise as defined by the Protection of the Environment Operations Act 1997 at all other times.



48. Maintenance of street trees Street tree planting must be maintained for an 18 month period incorporating at least 2 summer periods. Reason: To maintain environmental amenity.

49. Occupation of Commercial Tenancy Development consent is required prior to the fit-out of the commercial premises unless such work is exempt development. Reason: To ensure compliance with legislation.

35 RESOLUTION

That the above recommendation be adopted.

1 PES - DA 473/2015 - Alterations & Additions - Blueys Beach

Index: DA 473/2015 & PK9226 Author: District Building Surveyor - David Underwood DCU Meeting: 17 September 2015

RECOMMENDATION:

It is recommended that Development Application No. 473/2015, for proposed works on the existing dwelling which includes the construction of a new roof, replacement of cladding, replacement of doors and windows, internal alterations, deck extensions (on the Newman Avenue side), new driveway and landscaping at Lot 38 DP21465, No. 8 Newman Avenue, Blueys Beach be approved subject to the following conditions; GENERAL CONDITIONS 1. Development in accordance with approved plans

The development must be implemented in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent.

Plan type/Supporting Document

Plan No. & version Prepared by Dated

Site Plan Rev 3 - 01 Moore design 30/0815

Ground Floor Plan Rev 3 - 02 Moore design 30/0815

First Floor Plan Rev 2 - 03 Moore design 30/0815

Elevations Rev 2 - 04 Moore design 30/0815

Elevations Rev 2 - 05 Moore design 30/0815

Section Rev 2 - 06 Moore design 30/0815

The approved plans and supporting documents endorsed with the Council stamp and authorised signature must be kept on site at all times while work is being undertaken. Reason: Information and to ensure compliance.


2. Compliance with Building Code of Australia All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made. Reason: Prescribed condition under the Environmental Planning & Assessment Regulation

2000.

3. Insurance requirements under Home Building Act 1989 In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences. This condition does not apply: a) to the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

b) to the erection of a temporary building. Reason: Prescribed condition under the Environmental Planning & Assessment Regulation

2000.

4. Notification of Home Building Act 1989 requirements

Residential building work within the meaning of the Home Building Act 1989 must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the following information:

a) in the case of work for which a principal contractor is required to be appointed:

i) the name and licence number of the principal contractor, and

ii) the name of the insurer by which the work is insured under Part 6 of that Act,

b) in the case of work to be done by an owner-builder:

i) the name of the owner-builder, and

ii) if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit.

If arrangements for doing the residential building work are changed while the work is in progress so that the information notified above becomes out of date, further work must not be carried out unless the principal certifying authority for the development to which the work relates (not being the council) has given the council written notice of the updated information.

Reason: Prescribed condition under the Environmental Planning & Assessment Regulation 2000.

5. Adjustment to utility services

All adjustments to existing utility services made necessary by the development are to be undertaken at no cost to Council.

Reason: To ensure utility services remain in serviceable condition.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

The following conditions must be complied with prior to the issue of any Construction Certificate:


6. Structural details Prior to the issue of a construction certificate, structural drawings prepared by a suitably qualified and experienced structural engineer must be submitted to and approved by the certifying authority. The plans must include details for:

a) All reinforced concrete floor slabs and/or beams or raft slab (having due regard to the possible differential settlement of the cut and fill areas.

b) Footings of the proposed structure.

c) Structural steel beams/columns.

In the event that additional footings are required to support increased loading of the new roof structure over the existing dwelling, the new footings shall be founded below or beyond the 2060 Zone of Reduced Foundation Capacity ('ZRFC').

Reason: To ensure structural stability and safety.

7. Driveway levels application

Prior to the issue of a construction certificate, a Driveway Levels Application must be submitted to Council for approval. A Driveway Levels Application Form must be completed and submitted to Council together with the application fee and all required plans and specifications.

Driveways must be constructed by a qualified/licensed contractor at no cost to Council in accordance with the driveway levels and construction standards issued by Council.

Reason: To ensure works within Council’s road reserve are constructed to a suitable standard for public safety.

8. External roofing and wall material and colour

Prior to the issue of a construction certificate, details of the external material and colour of the roof and walls must be submitted to and approved by the certifying authority. Metal roof and wall sheeting must painted or be of a coloured metal that minimises reflection and is sympathetic and compatible with the building and surrounding environment. Zincalume finish, white or off-white colours are not permitted.

Reason: To ensure that excessive glare or reflectivity nuisance does not occur as a result of the development.

9. Bond required to guarantee against damage to public land

Prior to the issue of a construction certificate, a Damage Bond Application form together with payment of a bond in the amount of $2000 and an administration fee of $310.50 must be submitted to Council. The bond is payable for the purpose of funding repairs to any damage that may result to Council assets from activities/works associated with the construction of the development and to ensure compliance with Council standards and specifications.

A final inspection will be carried out by the responsible Council officer and the bond (minus any fees required for additional inspections) will be considered for refund:

a) once all works, including landscaping, driveway construction, turfing, etc, have been completed, and

b) following issue of an occupation certificate by the certifying authority.

The damage bond is reviewed periodically and therefore the fee and bond amount payable will be determined from Council’s current fees and charges document at the time of lodgement of the damage bond. Reason: Protection of public assets.


PRIOR TO THE COMMENCEMENT OF ANY WORK ASSOCIATED WITH THIS CONSENT The following conditions must be satisfied prior to the commencement of any building construction or subdivision work: 10. Construction certificate required

Prior to the commencement of any building or subdivision construction work (including excavation), a construction certificate must be issued by a certifying authority. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 6591 7222. Reason: Statutory requirement under the Environmental Planning and Assessment Act 1979.

11. Notification of commencement and appointment of principal certifying authority Prior to the commencement of any building or subdivision construction work (including excavation), the person having the benefit of the development consent must appoint a principal certifying authority and give at least two (2) days' notice to Council, in writing, of the persons intention to commence construction work. Reason: Statutory requirement under the Environmental Planning and Assessment Act 1979.

12. Site access Public access to the site and building works, materials and equipment on the site is to be restricted, when building work is not in progress or the site is unoccupied. The public safety provisions must be in place prior to the commencement of any demolition, excavation or building works and be maintained throughout construction. Reason: To ensure public health and safety during the construction of the development.

13. Installation of erosion & sediment control measures Prior to the commencement of work, erosion and sediment controls must be in place in accordance with Great Lakes Council Erosion and Sediment Control Policy and “The Blue Book – Managing Urban Stormwater (MUS): Soils and Construction” (Landcom). In particular, the following erosion and sediment control measures must be installed: a) Silt fence or sediment barrier.

b) Temporary downpipes immediately upon installation of the roof covering. Note: Council may impose on-the-spot fines for non-compliance with this condition. Reason: To protect the environment from the effects of erosion and sedimentation.

14. Toilet facilities - sewered areas Prior to the commencement of work, toilet facilities must be provided at or in the vicinity of the work site at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a standard flushing toilet connected to a public sewer.

Reason: To maintain public health.

15. Site construction sign

Prior to the commencement of work, a sign or signs must be erected in a prominent position at the frontage to the site.


a) showing the name, address and telephone number of the principal certifying authority for the work, and

b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c) stating that unauthorised entry to the work site is prohibited. The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. Reason: Prescribed condition under the Environmental Planning and Assessment Regulation

2000.

CONDITIONS TO BE SATISFIED DURING DEVELOPMENT WORK The following conditions must be complied with during any development work: 16. Construction times

Construction and/or demolition works, including deliveries on or to the site must not unreasonably interfere with the amenity of the neighbourhood and must occur only in accordance with the following: Monday to Friday, from 7 am to 6 pm. Saturday, from 8 am to 1 pm. No construction and/or demolition work, including deliveries are to take place on Sundays or Public Holidays. Reason: To maintain amenity during construction of the development.

17. Builders rubbish to be contained on site All builders rubbish is to be contained on the site in a suitable waste bin/enclosure. Building materials must be delivered directly onto the property. Footpaths, road reserves and public reserves must be maintained clear of rubbish, building materials and other items at all times. Reason: To ensure that materials and waste do not adversely affect traffic or pedestrian safety

and amenity.

18. Maintenance of sediment and erosion control measures Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface. Reason: To protect the environment from the effects of erosion and sedimentation.

19. Removal of asbestos All asbestos wastes associated with demolition/renovation works must be disposed of in accordance with the requirements of the WorkCover Authority and the following requirements: a) If asbestos is present in an amount greater than 10m

2, then the demolition and removal

must be undertaken by a WorkCover licensed demolition contractor who holds the appropriate WorkCover licence (e.g. Asbestos Demolition Licence) for the material to be demolished.


b) The details of the demolition contractor engaged to undertake the work must be provided to Council prior to any demolition work being undertaken.

c) All asbestos must be removed from the site and be disposed of at an approved licensed waste facility. All asbestos waste must be delivered to an approved licensed waste facility in heavy duty sealed polyethylene bags.

d) The bags are to be marked “Caution Asbestos” with 40mm high lettering. Twenty four (24) hours' notice must be given to the waste facility prior to disposal.

e) Receipts of the disposal of all asbestos to a licensed waste facility must be provided to Council prior to the issue of an occupation certificate.

Reason: To protect public health and safety and to ensure the correct disposal of asbestos

waste.

20. Support for neighbouring buildings If an excavation extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person's own expense: a) protect and support the adjoining premises from possible damage from the excavation,

and

b) where necessary, underpin the adjoining premises 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 this condition not applying.


21. Survey of building location

A survey certificate prepared by a registered surveyor must be submitted to the certifying authority at the following stages of the development:

a) Upon completion of the roof timbers, before roofing is laid, indicating the ridge height to AHD.

Reason: To ensure compliance with the approved plans.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

The following conditions must be satisfied prior to any occupation or use of the building:

22. Works to be completed

The building/structure or part thereof must not be occupied or used until an interim occupation/final occupation certificate has been issued in respect of the building or part.

Reason: To ensure compliance with the development consent and statutory requirements.

23. Sealed driveway in accordance with approved Driveways Level Application

Prior to the issue of a final occupation certificate, a driveway must be constructed from the edge of the road formation to the property boundary in accordance with the approved Driveway Levels Application. A certificate of compliance must be obtained from Council certifying that the driveway has been constructed to comply with the approved driveway application. Reason: To ensure suitable vehicular access to the development.


24. Internal driveway in accordance with the approved plans

Prior to the issue of a final occupation certificate, a driveway must be constructed from the property boundary to the proposed carport in accordance with the approved plans.

Reason: To ensure suitable vehicular access is provided to the development.

25. Stormwater disposal

Prior to the issue of a final occupation certificate, stormwater must be disposed of in a controlled manner so that stormwater flows are:

a) Clear of buildings and infrastructure,

b) Not concentrated so as to cause soil erosion,

c) Not directly to a watercourse.

d) Not onto adjoining land, and

e) To an approved drainage system.


26. Fire detection and alarm system required

Prior to the issue of an occupation certificate, a fire detection and alarm system must be installed and maintained within the building. The system must comply with the Building Code of Australia (BCA) Part 3.7.2.2 requirements for a Class 1a building.

Reason: Fire safety.

27. BASIX Compliance

Prior to the issue of a final occupation certificate, all of the required commitments listed in the BASIX certificate must be fulfilled.


36 RESOLUTION

That the above recommendation be adopted.

MEETING CLOSURE

The meeting closed at 2.25pm. CHAIRPERSON

minutes of the development control unit meeting · 2 pes - da 300/2015 - mixed use - 2 wharf...

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