GENERAL MANAGER’S TABLED REPORT ON MATTERS FOR DETERMINATION SUBMITTED TO THE Ordinary Council Meeting TO BE HELD ON Monday 17 December, 2012

Page 1

TABLE OF CONTENTS

 

 

 

ITEM 27    DELEGATION TO COUNCIL OF FUNCTIONS UNDER THE PLUMBING AND DRAINAGE ACT 2011.......................................................................... 2

ITEM 28    DEVELOPMENT APPLICATION 2013/0068 - DWELLING UPON LAND KNOWN AS LOT 104 DP 870687 BEING 61 BOREE LANE, LIDSTER..... 3

ITEM 29    REQUEST FOR DEFERMENT OF ENDORSEMENT OF MINUTES FOR ITEM 7 - MODIFICATION TO DA 2012/0009 CANOWINDRA SERVICES CLUB OF THE DECEMBER ENVIRONMENTAL SERVICES COMMITTEE AND CORRECTION OF ENVIRONMENTAL SERVICES COMMITTEE MINUTES............ 14   

 

ANNEXURE ITEMS

 

ANNEXURE 28.1  Draft Conditions Of Consent............................... 16 

 


 

 

ITEM 27 - DELEGATION TO COUNCIL OF FUNCTIONS UNDER THE PLUMBING AND DRAINAGE ACT 2011

REPORT IN BRIEF

 

Reason For Report

To seek council's approval for granting of delegations

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\OFFICIAL RECORDS LIBRARY\DEVELOPMENT AND BUILDING CONTROLS\LEGISLATION\REQUIREMENTS - LEGISLATION - 437894

 

 

Recommendation

 

THAT:

1.  The information be noted, and

2.  In relation to regulation of on-site plumbing and drainage under the Plumbing and Drainage Act 2011, that council

(i)         accept the delegation of functions under section 21 of the Act

(ii)        sub-delegate those functions to the General Manager, and

(iii)       authorise the affixing of the Seal of Council to the instrument of delegation of functions.

 

Director of Environmental Services' REPORT

 

The Plumbing and Drainage Act 2011 was passed by parliament on 9 November 2011.  The Act established a single scheme of regulation of on-site plumbing and drainage work in NSW and established NSW Fair Trading as the NSW Plumbing Regulator.

Legislation is being implemented in stages: Stage 1 being the commencement of the Plumbing Code of Australia and Fair Trading becoming the plumbing regulator in Sydney, Newcastle, Illawarra and Blue Mountain areas; Stage 2 will see Fair Trading becoming the single regulator across NSW from 1 January 2013, with delegation of its functions to councils outside the Sydney and Hunter Water Corporation areas.

An instrument of delegation has been provided by NSW Fair Trading to councils across the state. Acceptance of the delegation is required to enable council to continue to undertake its existing role in the regulation of on-site plumbing and drainage.

Council’s building inspectors have attended workshops with Fair Trading to discuss the introduction of the Plumbing and Drainage Act 2011, and the operational implications for Council. Plumbing work will continue to be inspected for compliance with technical standards and regulations by Council’s qualified staff.

As part of the regulatory framework, plumbers and drainers must be licensed by Fair Trading under the Home Building Act 1989. There are also new requirements for plumbers to submit “start work” notices a minimum of two days before commencing work, and for a “works as executed” plan of sanitary drainage to be submitted to council at the time of inspection. Preliminary communication with local plumbers by council building staff regarding these new requirements has commenced.

It is recommended that council accept the delegations.

 

ITEM 28 - DEVELOPMENT APPLICATION 2013/0068 - DWELLING UPON LAND KNOWN AS LOT 104 DP 870687 BEING 61 BOREE LANE, LIDSTER

REPORT IN BRIEF

 

Reason For Report

Remove restriction on the use of land under section 88B of the Conveyancing Act.
Council's Seal be placed on the lifting of the restriction. Approve dwelling on the subject land. 

Policy Implications

Nil

Budget Implications

Nil

Annexures

1.  Draft Conditions Of Consent    

File Number

\Development Applications\DEVELOPMENT APPLICATION\2013\03-2013-0068 - 438735

 

 

Recommendation

 

THAT:

1.  Council resolve to remove the restriction-as-to-user under section 88B of the Conveyancing Act, which exists on lot 104 DP 870687 and prohibits a dwelling on the lot.

2.  Council authorise the affixing of the common seal to the documents removing the 88B.

3.  Council approve a dwelling upon land known as Lot 104 DP 870687 being 61 Boree Lane, Lidster, subject to the attached conditions.

4. 

 

Senior Town planner REPORT

 

Summary

 

The following report provides an assessment of the Development Application 2013/68 submitted on 18th October 2012. The site is owned by Boree Lane Vines and Wines Pty Ltd and the applicant is Peter Basha Planning and Development on behalf of the owner.

 

The application is for DA only and the proposed development was not required to be advertised or neighbour notified.

 

Applicant:

Peter Basha Planning and Development

Owner:

Boree Lane Vines and Wines Pty Ltd

Proposal:

Dwelling

Location:

Lot 104 DP 870687, Boree Lane LIDSTER

Zone:

1(a) General Rural

 

The application has been referred to the Environmental Services department for assessment by Town Planning, Health & Building and Development Engineering. It is recommended that the Development Application is approved by council subject to the attached conditions of consent. 

Lot 104 DP 807687, 61 Boree Lane, Lidster

Site

 

The site is land described as lot 104 DP 870687 Boree Lane, Lidster. The lot is on the western side of Boree Lane approximately 12km west of Orange. Lot 104 has a total area of 28 ha and is zoned 1(a) General Rural.

 

The land features improvements including a vineyard that covers the majority of the lot and a rural shed.

 

Topography may be described as gently undulating hills and drainage is via the natural surface to a large dam and a non-perennial watercourse on the eastern side.

 

Access and internal roads (gravel surface) have been constructed.

 

Proposal

 

Council approval is sought for the erection of a dwelling that is ancillary to the use of the land for intensive agriculture (vineyard). The development proposal is for a two storey dwelling constructed of FC weatherboard wall cladding, concrete blockwork and colourbond custom orb roof sheeting. There are no proposed changes to access.

 

Services including electricity and telephone are available to the site and will be connected appropriately. Wastewater disposal and rural water supply will be provided on-site in accordance with the relevant Council requirements.

 

It is also proposed Council remove a Section 88B Restriction on the Use of the land that restricts the lot from being used for the purposes of a dwelling. The applicant proposes Council release the terms of restriction on the land as development complies with the zone objectives and a dwelling may be permissible under the provisions of Cabonne LEP 1991.

 

Background

 

Lot 104 DP 870687 was created via subdivision (DA 97/83) under the Cabonne LEP 1991. Development Application 97/83 refers to a five (5) lot subdivision of the land, registered 5th August 1997 and modified to amend the Section 88B Instrument to transfer dwelling permissibility from lot 101 to lot 103. Modification was approved at a Council meeting held 15th November 1999.

 

As a result of the modification of DA 97/83, lot 103 was approved with dwelling permissibility under clause 14 of the CLEP 1991.

 

Lots 101, 102 & 104 were approved as agricultural lots (clause 12(2)) and a dwelling is prohibited.

 

Lot 105 was approved as a residue lot with dwelling permissibility retained. 

 

The terms of easements and restrictions on the use of land that refer to lots 101, 102 & 104 denote no dwelling, cottage or other erection or construction for the purpose of or capable of use as residential premises or residential use shall be erected, maintained or allowed to remain upon the lot burdened.However, so long as the area of the lot burdened satisfies the minimum area standard from time to time of Cabonne Council for the erection of a dwelling house under clause 18 of Cabonne Local Environmental Plan 1991, the Council shall upon request by the registered proprietor for the time being of the lot burdened and at no expense to Council, release this restriction upon the granting of a development consent for the erection of a dwelling house on the lot burdened and the fulfilment of the conditions upon which such consent is granted.

 

At the time of subdivision the property was cleared grazing land. Three lots were created under clause 12(2) for the purposes of agriculture, in particular, establishment of vineyards.

 

At present the vineyards have been established and the applicant is seeking approval for an ancillary dwelling under clause 13 subdivision for the purposes of intensive agriculture and dwelling-house.

 

Matters for Consideration

 

Section 79C of the Environmental Planning and Assessment Act 1979 requires Council to consider various matters, of which those pertaining to the application are listed below.

 

Provisions of any Environmental Planning Instrument S79C (1)(a)(i)

Cabonne Local Environment Plan 1991 (Amended)

Clause 9 Zone Objectives

 

The subject land is zoned 1(a) General Rural under the provisions of the Cabonne Local Environment Plan (LEP) 1991.

Development Control Plan No. 5 – General Rural Zones applies to this land. The objectives of the zone include:

-     To promote guidelines which are sufficiently flexible to encourage innovative and imaginative building and development while at the same time conserving the important natural assets of the General Rural Zones, and preserving the “right to farm” of existing agricultural establishments.

-     To enable other forms of development to be carried out on land within the General Rural Zones provided that such uses are in keeping with the rural character of the locality and are compatible with the existing or likely future rural land uses.

The proposed development may be characterized according to the following definitions:-

Intensive Plant Agriculture is defined in the Standard Instrument as any of the following carried out for commercial purposes:-

a)   Cultivation of irrigated crops,

b)   Horticulture,

c)   Turf farming &

d)   Viticulture.

In particular, viticulture is the cultivation of grapes for commercial purposes for use in the production of fresh or dried fruit or wine.

 

The proposal for a dwelling may be classified under the Environmental Planning and Assessment Model Provisions 1980 according to the following definitions:

 

“Dwelling” means a room or suite of rooms occupied or used or so constructed or adapted as to be capable of being occupied or used as a separate domicile.

 

“Dwelling house” means a building containing 1 but not more than 1 dwelling.

The use of land zoned 1(a) General Rural for the purposes of intensive agriculture and an ancillary dwelling is permissible under the provisions of Clause 9 of the Cabonne LEP 1991.

 

Objectives of the 1(a) General Rural zone

 

The objective of this zone is to promote proper management and utilisation of resources by:-

-     Protecting, enhancing and conserving agricultural land in a manner which sustains its efficient and efficient agricultural production potential,

-     Ensuring that any allotment created for intensive agricultural purposes is potentially and physically capable, on its own, of sustaining a range of such purposes or other agricultural purposes as a commercial agricultural operation suitable to the locality,

-     Providing land for future urban development, for rural residential development and for development for other non-agricultural purposes, in accordance with the need for that development, and

-     Providing for a range of rural living styles in appropriate locations within the area to which this plan applies.

The development proposal acknowledges the need to protect, enhance and conserve agricultural land and provide for a range of living styles. A dwelling, ancillary to the use of the land for intensive agriculture, complies with the aims and objectives of the 1(a) General Rural zone.

 

Clause 10 General considerations for development within rural zones

 

The act of carrying out the development on the subject land will have the following implications for local resources and services:-

 

(a) The present and potential use of the land for the purposes of agriculture.

Lot 104 has a total area of 28.8 hectares and most of the land is established as a commercial vineyard. The proposal for a dwelling is ancillary to the use of the land as a vineyard. Commercial operations will be continued as usual. The applicant is of the opinion the ability to reside on the property increases the potential for the vineyard enterprise to be managed more effectively. The proposed dwelling is sited outside the vineyard area and would not compromise the present and potential use of the land for agriculture.

 

(b) Vegetation, timber production, land capability (including soil resources and soil stability), water resources (including the quality and stability of water courses and ground water storage and riparian rights),

Due to clearing and agricultural activities the land has been modified from its natural state and has little value in terms of vegetation and timber production. Soil stability and water may be implicated during construction; appropriate controls will help reduce the impact of the development on soil and water quality. Development of a dwelling will have minimal impact upon vegetation, timber production, land capability and water resources at the site.

 

(c)  The future recovery of known or prospective areas of valuable deposits of minerals, coal, petroleum, sand gravel or other extractive materials.

There are no known sources of valuable extractive materials at the site.

 

(d) The protection of areas of significance for nature conservation or of high scenic or recreational value, and places and buildings of archaeological or heritage significance, including aboriginal relics and places.

The site has no identified conservation value in terms of the natural ecology, scenic significance or colonial heritage and there are no known aboriginal artefacts or places at the proposed site. The applicant should note under the National Parks and Wildlife Act 1974 it is an offense to knowingly harm or desecrate an Aboriginal object which includes removing the object from the land on which it had been situated. Under the requirements of the Environmental Planning and Assessment Act 1979 any person who is aware of an Aboriginal object at a development site must notify DECCW (Office of Environment and Heritage) upon becoming aware of its existence. An application may be made to DECCW for a permit to disturb, remove, excavate or damage an object for the development to proceed.

 

(e) The cost of providing, extending and maintaining public amenities and services to the development.

 

Telephone and electricity can be connected to the site; minor extension of these services is to be completed at the developer’s expense and in consultation with the supply authority. Wastewater is to be managed on site. Water supply for the site will be provided via on-site water storage. The developer is required to install rainwater tanks to meet Council’s minimum requirements for rural water supply and for fire fighting purposes.

Any extension of utilities for the proposed dwelling will have nil economic or social burden to the wider community.

 

(f)  Future expansion of settlements in the vicinity.

Surrounding land use is primarily grazing and cropping. As identified in the Rural and Industrial Strategy 2008, agricultural land should be retained and protected for future agricultural use in the long term. For this reason the site is not likely to be identified as an area for future settlements. 

 

Clause 18 Dwelling - houses in Zones 1(a), 1(c) and 7(c)

 

The subject land has a total area of 28 hectares and was approved via 97/83 under clause 12(2) of the Cabonne LEP 1991 for the purposes of agriculture. If consent is granted to revoke the restriction on the use of land that prohibits a dwelling the proposed development may be permissible under clause 18(1)(b)(iv) a viable intensive agricultural holding which is established either in accordance with a subdivision consent referred to in clause 13 or on an existing allotment in accordance with the requirements specified in clause 13 (2) (a) and (b).

 

State Environmental Planning Policies

 

State Environmental Planning Policay No. 44 (Koala Habitat Protection) applies to the land.

 

Cabonne Council is identified within the SEPP 44 Schedule as having koala habitat. The subject site has minimal vegetation and there is no apparent need to remove any trees or existing vegetation for the development to proceed. It is considered the development will not impact upon Koalas or potential Koala Habitats.

 

State Environmental Planning Policy (Rural Lands) 2008 applies to the subject land.

 

The SEPP requires Council to consider the existing and approved uses of land in the vicinity of the proposed development (when it involves subdivision or dwellings), and whether or not the development is likely to have a significant impact upon predominant or preferred land uses.

The proposal is not inconsistent with the requirements of the SEPP.

 

Provisions of any draft environmental Planning Instrument that has been placed on exhibition s79C(1)(a)(ii)

 

Council’s Draft LEP 2012 is currently being reviewed by the NSW Department of Planning and is a matter for consideration in the assessment of the DA (2013/68). Under the Draft LEP 2012 the subject land is proposed to be zoned RU1 Primary production. It should be noted under the Draft Plan there is no clause for subdivision of land for intensive agriculture and an ancillary dwelling. A dwelling may be permissible on land that does not meet minimum lot size if intensive agriculture is established or there are no proposed changes to the conditions of subdivision.

 

Provisions of any development control plan s79C(1)(a)(iii)

 

Development Control Plan No. 5 – General Rural Zones applies to this land. The objectives of the zone include:

 

-     To promote guidelines which are sufficiently flexible to encourage innovative and imaginative building and development while at the same time conserving the important natural assets of the General Rural Zones, and preserving the “right to farm” of existing agricultural establishments.

-     To provide reasonable and clear guidelines for the provision of services to small holdings, including guidelines on:

o Disposal of wastes;

o Provision of water supply;

o Provision of other utility services such as power, telephone and road access;

without placing a financial burden on other residents as a result of the extension of such services; and to ensure that natural resources including soil, trees and scenery are protected.

-     To enable other forms of development to be carried out on land within the General Rural Zones provided that such uses are in keeping with the rural character of the locality and are compatible with the existing or likely future rural land uses.

3.3 Development Requirements Related to Dwellings

 

3.3.1 General

 

In assessing any development application for dwellings in the General Rural zone Council is required to assess the impacts of that proposal under the requirements in Section 79(c) of the Environmental Planning and Assessment Act.

 

3.3.2 Access

The proposed access has been constructed and approved at the time of subdivision (DA 97/83) and complies with Council’s current specifications for provision of private access. Both access and road infrastructure are satisfactory for the development to proceed.

 

3.3.3 Setbacks

DCP No. 5 identifies a minimum setback of 20 metres from any boundary to ensure development does not interfere with agricultural practices. The proposed dwelling is setback approximately 100 metres from the closest boundary. The site plan complies with Council’s requirements for boundary setbacks.

 

3.3.4 Septic Tank

This clause requires the installation of an acceptable on-site sewerage and waste water management system. A draft condition of consent will be included to ensure an accredited sewerage management facility is designed, constructed and installed on site.

 

3.3.5 Water Supply

Rainwater storage of a minimum 90 000 litres for a dwelling is required for domestic water supply. The applicant has proposed to install a rainwater tank with a total volume of 90 000 L. The proposal complies with the requirements for rural water supply for domestic purposes. Additional requirements for water supply and a storz fitting are included in the draft conditions of consent.

 

3.3.6 Power

The lot is currently connected to an existing power source. Any extension of power should be completed by the applicant in accordance with the relevant supply authority.

 

3.3.7 Visual Amenity

The proposed dwelling is not situated in a prominent location and therefore would not have an adverse impact on visual amenity of the area. The development will not be visible from Boree Lane but it will be visible from an adjacent dwelling on lot 103. Non-reflective construction materials should be used for the roof and external walls. This has been included as a draft condition of consent.

 

3.3.8 Bushfire Protection

The site is not identified as bushfire prone land. Despite this additional fire protection measures will help reduce fire hazard at the site, these may include:-

-     Under floor areas to be enclosed on exposed elevations

-     Prohibited combustible external building materials

-     Requirements for metal fly screens over external openings

-     Development of a fire buffer zone around the dwelling.

Section 94 Development Contributions for bushfire services do apply to the proposed development. Additionally, new residential development must be provided with water storage for fire fighting purposes within close proximity to the dwelling.

 

An assessment of the application indicates the development proposal complies with Council’s requirements related to dwellings as outlined in DCP No. 5 General Rural zones.

 

Provisions prescribed by the regulations s79C(1)(a)(iii)

The proposal does not contravene the relevant provisions of the regulations.

 

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

 

Context and Setting

The proposed dwelling is two storey with garage and storage areas located at ground level. External finishes are weatherboard cladding, concrete blockwork and colorbond custom orb roof sheeting. Colour scheme is yet to be determined. The dwelling has a maximum floor area of 240m² including internal living areas and external timber decking.

 

The proposed development is sympathetic to the rural setting of the locality and will meet the zone objectives by providing a range of living options that is ancillary to the use of the land for intensive agriculture. The proposal is considered to be appropriate in terms of context and setting.

 

Access and Traffic

Access to the site is via Boree Lane (sealed). No new roadworks outside the lot are proposed as part of the development. An assessment of the access and internal road by Development Engineering has determined existing road infrastructure to be compliant with Council’s current specifications for provision of private access. Generation of additional traffic will be minimal as a result of the development proceeding and Road Contributions have been paid at the time of subdivision.

 

Visual Impact

The proposed development will have an impact, although minor, to the rural character of the area. There is no dwelling envelope on the lot, however, development complies with the requirements for rural setbacks.

Additional landscaping including planting of native trees and shrubs will help protect the development for the purposes of privacy and protection from dust, wind and agricultural activities. The proposed development will not be visible from Boree Lane.  A condition of consent is included to ensure external finishing materials are non-reflective to reduce impact to visual amenity.

 

Water Quality

A dwelling on the land is unlikely to have any adverse impact on water quality of local catchments. Stormwater runoff is to be collected and stored in rainwater tanks or channelled to an on-site dam which is the main source of water.

 

An approved OSSMS will need to be designed and installed in accordance with an on-site effluent management study, taking into consideration the closeness of the existing dam to the proposed house site (approx. 20m).

 

Flora and Fauna

The subject land and surrounding area has been used for several years for agriculture and is highly modified so it no longer resembles its natural state. The site is mostly cleared of all vegetation and is not likely to be a good habitat for native species. It is unlikely the site could be used to re-establish an ecological community or restore endangered species. Landscaping and tree planting in the house yard may help provide a habitat for birds and insects.

 

The proposal does not include the removal of any existing vegetation at the site and is unlikely to have a significant impact upon ecological communities, threatened species or their habitats.

 

THE SUITABILITY OF THE SITE s79C(1)( c)

 

The subject land is zoned 1(a) General Rural and development complies with the LEP 1991. Adequate arrangements can be made for access, car parking, drainage and essential services. On this basis, the subject site is considered suitable for the development to proceed.

 

Utilities

Some utilities including electricity are already connected to the site and telephone may be available; minor extension of these services should be completed by the applicant in accordance with the relevant supply authority. Any extension of utilities for the proposed dwelling will have nil economic burden to the wider community.

 

Reticulated sewerage is not available within the proposed area. Effluent disposal will be via an approved septic tank and absorption trench/disposal area.

 

Stormwater will be either captured onsite for water supply (tanks and dams) or returned to the rural catchment via natural channels or roadside drainage.

 

Domestic water supply for the site will be provided via on-site water storage. The developer is required to install rainwater tanks to the capacity of at least 90 000 litres to meet Council’s minimum requirements for rural water supply.

 

Physical Attributes and Hazards

 

There are no known technological or natural hazards that would affect the proposed development.

 

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACTs79C(1)(d)

 

The subject DA was not required to be advertised or neighbour notified and no submissions have been made in relation to the proposal. 

 

Public Authority Consultant

 

The development proposal was not referred to any public authority consultant.

 

Development Contribution

 

Development contributions for local bushfire services will apply. The applicant is required to make a contribution of $353.70 towards the improvement of bushfire services and amenities for Lidster Brigade prior to occupation of the dwelling.

 

PUBLIC INTEREST s79C(1)(e)

 

The proposed development is considered to be of minor interest to the wider public due to the relatively localized nature of potential impacts.

 

Conclusion

 

The proposed development relates to the establishment of a dwelling-house on lot 104 DP 870687, Boree Lane, Lidster. The proposal is considered to be permissible within the zone and complies with relevant provisions of the Cabonne LEP 1991.

 

A Section 79C assessment of the proposal has been undertaken by Town Planning, Development Engineering and Health & Building. Adequate arrangements can be made for the provision of access, drainage, water supply, sewerage and essential services. The proposal is not considered to result in any detrimental impact on the surrounding locality by reason of essential services, noise, access or amenity. On this basis, the proposed development is considered suitable for the site.

 

Attached is a draft Notice of Approval outlining a range of conditions considered appropriate to ensure that the development proceeds in an acceptable manner.

 

 

ITEM 29 - REQUEST FOR DEFERMENT OF ENDORSEMENT OF MINUTES FOR ITEM 7 - MODIFICATION TO DA 2012/0009 CANOWINDRA SERVICES CLUB OF THE DECEMBER ENVIRONMENTAL SERVICES COMMITTEE AND CORRECTION OF ENVIRONMENTAL SERVICES COMMITTEE MINUTES

REPORT IN BRIEF

 

Reason For Report

To request that Item 7 of the Environmetnal Services Committee minutes be deferred and to correct errors in the minutes.

Policy Implications

Nil

Budget Implications

Nil

Annexures

Nil   

File Number

\Development Applications\DEVELOPMENT APPLICATION\2012\03-2012-0009 - 439004

 

Recommendation

 

THAT:

1.  Items 5 and 7 of the report of the Environmental Services & Sustainability Committee held on 3 December, 2012 be amended from motions to recommendations.

2.  The report and recommendations of the Environmental Services and Sustainability Committee of Cabonne Council held on 3 December, 2012 be adopted with the exception of item 7 and carried motions be noted.

 

Director of Environmental Services' REPORT

 

It is noted that an error has occurred in the Environmental Services & Sustainability Committee minutes. Items 5 and 7 of the report should have been made as a recommendation as opposed to a motion as these applications were recommended for refusal. Refusals are unable to be endorsed by the Committee and therefore should only be a recommendation to the Council. It is requested that the report of the Environmental Services & Sustainability Committee meeting be amended to reflect this.

 

In addition, Council is in receipt of correspondence from Grant Cumming, General Manager of the Canowindra Services & Citizens Club requesting the recommendation for Item 7 of the December Environmental Services & Sustainability Committee meeting be deferred following discussion with Chair of the Environmental Services & Sustainability Committee, Councillor Anthony Durkin, Councillor Walker and Council’s Director of Environmental Services. The Club wish to make further amendments to the submitted modification and work closely with Council and Council’s Heritage Advisor to achieve an outcome acceptable to all parties.

 


Item 28 Ordinary Meeting 17 December 2012

Item 28 - Annexure 1

 

DRAFT CONDITIONS OF CONSENT 2013/68

 

1.      DEVELOPMENT IN ACCORDANCE WITH PLANS

Objective

To ensure the development proceeds in the manner assessed by Council.

Performance

Development is to take place in accordance with the attached stamped plans (Ref: DA 2013/34) and documentation submitted with the application and subject to conditions below, to ensure the development is consistent with Council’s consent. NOTE: Any alterations to the approved development application plans must be clearly identified WITH THE APPLICATION FOR A CONSTRUCTION CERTIFICATE.

The Principle Certifying Authority for the project may request an application for modification of this consent or a new application in the event that changes to the approved plans are subsequently made. An application to modify the development consent under s96 of the Environmental Planning and Assessment Act, 1979, as amended and will be subject to a separate fee.

 

2.      BUILDING CODE OF AUSTRALIA 2012 – AUSTRALIAN STANDARDS

Objective

To satisfy the Building Code of Australia 2012 and relevant Australian Standards.

Performance

The approved dwelling must meet the relevant Australian Standards and the performance requirements of the Building Code of Australia 2012. Compliance with the Performance Requirements can only be achieved by:-

a)   complying with the Deemed to Satisfy Provisions; or

b)   formulating an Alternative Solution which:-

i.    complies with the Performance Requirements; or

ii.   is shown to be at least equivalent to the Deemed to Satisfy Provisions; or

iii.  a combination of both a) and b).

 

3.      APPOINTMENT OF PRINCIPLE CERTIFYING AUTHORITY

Objective

To ensure compliance with s81A of the Environmental Planning and Assessment Act 1979 as amended.

Performance

The person having the benefit of this consent must appoint a Principle Certifying Authority for the development, pursuant to Section 81A of the Environmental Planning and Assessment Act 1979, as amended and advise Council in writing of that appointment BEFORE WORKS COMMENCE.

That Certifying Authority may be the Council, or an Accredited Certifier appointed under the Act. The required written notice to Council may be satisfied by supplying a copy of the Application for a construction Certificate (Form 11) under the Environmental Planning and Assessment Regulation 1994, as amended and must include the name, contact address, telephone and accreditation numbers of the selected Certifying Authority.

The principle Certifying Authority and any other Certifiers appointed by that Authority will be responsible for the post-consent certification of the development. Copies of all certification is to be submitted to Cabonne Council referenced by the Development Application Number.

 

4.               EROSION AND SEDIMENTATION CONTROL PLANS

 

Objective

To prevent soil erosion and watercourse contamination during and subsequent to the course of the development.

Performance

An overall erosion and sedimentation control plan is to be prepared to a standard acceptable to the Principal Certifying Authority.

The plan is to note any proposed vegetation retention and planting and is to be submitted and approved prior to the issue of a subdivision certificate for any works.

Specific construction zone erosion and sedimentation control plans are to be prepared to a standard acceptable to the Principal Certifying Authority and are required to be approved prior to the issue of Construction Certificates for the development.

 

5.          ON SITE WASTE WATER MANAGEMENT

Objective

To ensure that an accredited sewage management facility is designed, constructed and installed.

Performance

The Onsite Wastewater Management System is to be designed following a site specific examination of the site by a suitably qualified person, details of the proposed system along with an application to install an onsite wastewater management system are to be provided to Council prior to the issue of a Construction Certificate.

 

6.      PROVISION OF TEMPORARY FACILITIES

Objective

To provide temporary toilet facilities.

Performance

A temporary sewer or chemical toilet is to be provided on the property while building work is in progress to comply with the requirements of the Workcover Authority. NOTE: This must be on-site prior to the first inspection.

 

7.      NOISE

Objective

To limit the impact of noise on adjoining properties.

Performance

Building work may only be carried out on the site between the following hours:

7:00am and 7:00pm Monday to Friday

7:00am and 5:00pm Saturdays

8:00am and 5:00pm Sundays and Public Holidays

*This includes site works and delivery of materials.

 

8.      IDENTIFICATION OF SITE

Objective

To clearly identify the site.

Performance

Provide a clearly visible sign to the site stating:

a)   Unauthorised entry is prohibited;

b)   Builders name and license number; or owner builders permit number;

c)   Street number or lot number;

d)   Contact telephone number/after hours number;

e)   Identification of Principle Certifying Authority.

 

9.      CONTRIBUTION TO BUSHFIRE SERVICES  (Rural Dwellings)

Objective

To make  an equitable contribution towards improvement of Bushfire Services and Amenities for the specified Brigade.  The contribution has been levied in accordance with Councils Bushfire Service Contributions Plan, February, 1993.

A copy of this Plan is available for inspection at Councils Department of Environmental Services Bank Street, Molong during business hours.

Performance

The applicant will make a contribution of $353.70 towards the improvement of Bushfire Services and Amenities for Lidster Brigade (Income No:  1033) to Cabonne Council prior to the occupation of the dwelling.

 

10.    WATER SUPPLY

 

Objective

To ensure provision is made for adequate rural water supply.

Performance

In rural areas (where town water is not available)

a)      Storage facilities for at least 90,000 litres of water for domestic purposes are to be provided, 10,000 litres of which are to be retained at all times for fire fighting purposes; or

b)      The 90,000 litres storage facilities may be reduced to 45,000 litres where an alternative acceptable potable water supply source is available, capable of delivering at least 1,300 litres per hour. Separate application is to be made to the Consent Authority – Cabonne Council.

 

c)      The water supply tanks are required to have, for bush fire fighting requirements, openings in the top of the storage for drafting water or an approved suitable outlet and access to the storage for conventional fire fighting suction hose.

The take off point for the domestic supply is to be located in such manner to ensure that the 10,000 litres of water is retained at all times for bushfire fighting purposes.

1.         The outlet for fire fighting purposes shall be fitted with 65 mm STORZ fitting and 65mm gate valve.

 

2.   The outlet for (1) above shall be located so that access for fire fighting units is provided, ie directly where there is vehicle access to the outlet or via plumbing where such direct access is not possible.

d)         Tank should be of an aesthetically pleasing colour that does not contrast greatly with the surrounding environment.

 

11.    BASIX CERTIFICATE

Objective

To ensure the dwelling is constructed in the approved manner.

Performance

All the required commitments shown on the Basix Certificate (No: 443713S dated 25/08/2012) and approved plans are to be completed PRIOR to a Final Occupation Certificate being issued.

 

 

12.    WALL/ROOF CLADDING

Objective

To reduce the visual reflective impact on adjoining properties.

Performance

Non-reflective finish materials to be used on the wall/roof cladding.

 

13.    COMPLIANCE WITH CONDITIONS OF CONSENT

Objective

To ensure the development proceeds in the manner as determined by Council.

Performance

All conditions of this consent are to be complied with to the standards specified prior to any occupation.

 

14.    OCCUPATION CERTIFICATE

Objective

To ensure compliance with the Environment Planning & Assessment Act 1979.

Performance

All residential buildings will require an Occupation Certificate PRIOR to occupation/use of the building.