2 Subdivision component - blacktown.nsw.gov.au · earthworks including importation of fill material, construction of roads and drainage works including a temporary detention basin

Attachment 1 Blacktown Local Planning Panel Report: DA-18-02330

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Location map Regent Street Temporary basin

Subject site


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Aerial image (as at November 2019)


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Zoning extract Temporary basin

The subject site


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Detailed information about proposal and DA submission material

1 Overview 1.1 The application proposes the demolition of an existing shed, removal of all trees, bulk

earthworks including importation of fill material, construction of roads and drainage works including a temporary detention basin on SP2 land and Torrens title subdivision into 26 residential lots in 2 stages.

2 Subdivision component 2.1 Lots 101 to 120 will be created in Stage 1 and lots 201 to 206 will be created in Stage 2.

2.2 The Blacktown City Council Growth Centre Precincts Development Control Plan 2018 requires a minimum lot size of 300 m2 and a minimum frontage of 9 m for the subject site. The proposal satisfies these requirements, creating lot sizes ranging from 322 to 545 m2 and lot frontages ranging from 10 to 15.85 m.

2.3 The Applicant proposes the removal of all vegetation. The subject site is biodiversity certified and removal of vegetation is as a result of earthworks and road construction to facilitate the subdivision works.

3 Vegetation 3.1 The Applicant submitted a Tree Survey (prepared by Eco Logical Australia dated 21

February 2017) as part of the application. The report identifies 37 trees with a high retention value, 98 trees with a medium retention value and 50 trees with a low retention value.

3.2 The report recommends the retention of trees where possible. The application was referred to our Open Space Team which raised no issues about the removal of the trees subject to conditions requiring the planting of street trees on the 4 street frontages to mitigate the loss of the trees on the site.

4 Habitat 4.1 Eco Logical Australia was engaged to undertake an ecological assessment as to whether

there are any significant ecological values that would constrain development of the site. The report states that despite the site being located on biodiversity certified land, it contains the potential habitat for the Green and Golden Bell Frog, listed as endangered under the Threatened Species Conservation Act 1995 and vulnerable under the Environment Protection and Biodiversity Conservation Act 1999.

4.2 The report concludes that consideration of the quality and condition of habitat within the site, along with consultation with the NSW Office of Environment and Heritage (OEH), is required. The report also concludes that the site has a moderate constraint to development, and it does not preclude development, but requires a site survey, design and approval process that is specific to the protection of the Green and Golden Bell Frog.

4.3 The proposal was referred to the OEH along with a survey conducted by the ecologists. The OEH confirmed that the survey and details submitted are satisfactory.

4.4 The Green and Golden Bell Frog habitat assessment subsequently prepared by Eco Logical Australia dated 18 November 2018 was submitted. The report provides initial

Blacktown Local Planning Panel Report: DA-18-02330 Attachment 4 | Page 2 of 3

findings and advice relating to habitat identified within the study area. The report states that the site is subject to a special clause in the Growth Centres SEPP which requires preparation of a Green and Golden Frog Management Plan. Our Natural Areas Team reviewed the Management Plan and raised no objections subject to conditions.

5 Earthworks 5.1 The Applicant proposes an approximate maximum fill level of 2.9 m. Varying levels of fill

are proposed elsewhere throughout the site in order to establish appropriate levels to cater for drainage and roads.

5.2 Blacktown City Council Growth Centre Precincts Development Control Plan 2018 recommends a maximum 500 mm of fill and 500 mm of cut. The variation proposed to the maximum level of fill is acceptable, as the proposed levels allow for the site to tie into existing levels to the north and south, and proposed levels to the south-west.

5.3 This variation to the maximum permissible level of fill is to be expected due to the varying height of the site and ensures a relatively flat surface for the future residential built products.

5.4 The extent of cut is limited to the proposed basin and tail out drain to a maximum depth of approximately 1.2 m.

6 Heritage 6.1 The Applicant submitted an Aboriginal Archaeological Due Diligence Assessment report

(prepared by Eco Logical Australia dated 23 February 2017) as part of the application.

6.2 The report concludes that the study area is considered to have a moderate to high level of soil disturbance from past activities and has been assessed as having a low potential for an intact archaeological deposit.

6.3 Standard conditions will be imposed requiring an immediate stop to works if any artefacts are found.

7 Salinity 7.1 The Applicant submitted a Salinity Investigation and Management Plan (prepared by

Douglas Partners dated March 2017). A total of 6 test pits were excavated.

7.2 The recommendations made within the Salinity Investigation and Management Plan have been included as conditions of consent.

8 Contamination 8.1 The Applicant submitted a Preliminary Site Investigation Report (prepared by Douglas

Partners dated March 2017) as part of the application which was based on samples from 19 excavated test pits.

8.2 The report concludes that the site can be made suitable for the proposed residential use following further investigation and/or remediation of AEC1 and AEC2.

8.3 The applicant then submitted a Targeted Detailed Site Investigation Report (prepared by Douglas Partners dated March 2018) as part of the application which was based on 10 test pits within AEC1 and 27 test pits within AEC2.

8.4 The report recommends that a Remediation Action Plan be prepared detailing:

• screening and verification of anthropogenic impacted surface filling within AEC1

• remediation or off-site disposal of stockpiles SP2, SP3, SP6 and SP8


• selective screening, verification and reuse of stockpiles SP1, SP4, SP5, SP7 and SP9 to SP16

• protocols for dealing with unexpected contamination finds during bulk earthworks.

8.5 The recommendations of the report have been included as conditions of consent.

9 Engineering 9.1 The application proposes the construction of a temporary on-site stormwater detention

basin in SP2 land on Lot 56 DP 1247574 Regent Street, Riverstone.

9.2 A stormwater concept plan dated November 2018 has been prepared by Calibre to support the proposed development.

9.3 The application also proposes the construction of 2 half width roads (8 m wide) and 2 x full width roads (16 m wide). The proposal also includes construction of the half-width of Regent Street.

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SUMMARY OF LOTS

LOT RANGE 322 TO 545

TOTAL LOTS 26

TOTAL AREA 10804

AVERAGE SIZE 416

STAGE I

LOTS IOI - 120 = 20 RESIDENTIAL LOTS

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LOTS 201 - 2016 = 6 RESIDENTIAL LOTS

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I - CAD ASTRAL BOUNDARY INFORMATION OBTAINED FROM D.P. 712

2 - ZONING INFORMATION OBTAINED FROM DEPARTMENT OF PLANNING & INFRASTRUCTURE

'3 - AREAS AND DIMENSIONS CONTAINED WITHIN THIS PLAN ARE FOR D.A. PURPOSES ONLY & MAY VARY SUBJECT TO FINAL SURVEY.

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Attachment 5Blacktown Local Planning Panel Report: DA-18-02230


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Assessment against planning controls: section 4.15, summary assessment and variations to standards

1 Environmental Planning and Assessment Act 1979 1.1 Section 4.15 ‘Heads of Consideration’

Heads of Consideration

Comment Complies

a. The provisions of: (i) Any environmental

planning instrument (EPI)

The proposal is considered consistent with the relevant EPIs, including State Environmental Planning Policy (Sydney Region Growth Centres) 2006 and State Environmental Planning Policy No. 55 – Remediation of Land.

Yes, subject to conditions

(ii) Any proposed instrument that is or has been the subject of public consultation under this Act

In May 2017 the Department of Planning and Environment (DPE) exhibited a draft amendment to the Growth Centres SEPP 2006, referred to as the ‘North West Draft Exhibition Package’. This exhibition coincided with the release of the Land Use and Infrastructure Implementation Plan (the purpose of which is to guide new infrastructure investment, make sure new developments do not impact on the operation of the new Western Sydney Airport, identify locations for new homes and jobs close to transport, and coordinate services in the area). A key outcome sought by the Department is the establishment of minimum and maximum densities for all residential areas that have been rezoned under the SEPP (i.e. density bands). Currently the planning controls nominate only a minimum density. This proposal will have a significant influence on the ultimate development capacity (i.e. yield) of the precincts. Following exhibition in mid-2017 and the receipt of many objections, the Department is still considering this matter and no final decision has been made. The timing of adoption is uncertain at this stage, as is the content of any amendments. There is no guarantee the exhibited controls will be adopted and made law. This site is within the Riverstone Precinct and the proposed density band demonstrated for this site in the Exhibition Package is 15 to 25 dwellings per hectare, which equates to a maximum of 40 dwellings on this site. The proposal is for 26 residential lots, thus complying with the proposed density amendments.

Yes

(iii) Any development control plan (DCP)

The proposal is consistent with the Blacktown City Council Growth Centre Precincts Development Control Plan 2018 except for maximum cut and fill.

No, but the non-compliance is acceptable

(iii a) Any Planning Agreement

The site is not the subject of a planning agreement. N/A

(iv) The regulations The proposal is consistent with the regulations. Yes


Heads of Consideration

Comment Complies

b. The likely impacts of the development, including environmental impacts on both the natural and built environments, and social and economic impacts on the locality

It is considered that the likely impacts of the development, including earthworks, tree removal, road construction, basin works and subdivision, have been satisfactorily addressed and the proposed development will not result in unfavourable social, economic or environmental impacts on the locality and is consistent with the intended development outcomes of the Growth Centres SEPP.

Yes

c. The suitability of the site for the development

The development site is zoned R2 Low Density Residential under the SEPP. The creation of any residential lots and roads is acceptable subject to conditions. The proposed temporary basin will be located on land zoned for its purpose and is also considered suitable.

Yes

d. Any submissions made in accordance with this Act, or the regulations

The application was notified for a 14 day period between 20 February and 22 March 2019, during which period no submissions were received.

Yes

e. The public interest It is considered the proposed subdivision and supporting works are in the public interest by way of providing the opportunity for further housing diversity whilst addressing the demand for additional housing in Sydney. It also encourages economic activity and growth in the Blacktown LGA.

Yes

2 State Environmental Planning Policy No. 55 – Remediation of Land

Summary comment Complies

SEPP 55 aims to ‘provide a State-wide planning approach to the remediation of contaminated land’. Clause 7 requires a consent authority to consider whether the land is contaminated and if it is suitable or can be remediated to be made suitable for the proposed development, prior to the granting of development consent.

Yes, subject to conditions of consent

3 Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River

Summary comment Complies

The planning policies and recommended strategies under SREP 20 are considered to be met through the development controls of the Growth Centres SEPP.

Yes


4 State Environmental Planning Policy (Sydney Region Growth Centres) 2006

Summary comment

We have assessed the DA against the relevant provisions and it is compliant with all matters under State Environmental Planning Policy (Sydney Region Growth Centres) 2006.

5 Blacktown City Council Growth Centre Precincts Development Control Plan 2018 (Growth Centre DCP)

Summary comment

We have assessed the DA against the relevant provisions and the table below only identifies where compliance is not fully achieved. The proposal is compliant with all other matters.

5.1 Part 4.0 – Development in the Residential Zones (from main body of DCP)

5.1.1 Controls for all residential development

DCP requirement Proposal Complies

Site Responsive Design (Section 4.1)

4.1.2 Cut and fill

Maximum 500 mm cut/fill. Validation Report for imported fill. Where cut on the boundary, retaining walls must be integrated with its construction, otherwise minimum 450 mm from boundary. Maximum 600 mm high walls. Maximum 1,200 mm combined wall height. Minimum 0.5 m between each step.

The application proposes a varying level of fill to a maximum of 1.86 metres. The fill is necessary to match with future Regent Street levels and to ensure it is clear of the flood level. As a result the site will naturally fall into the Regent Street drainage basin. Conditions will be imposed requiring validation of any fill material to be imported onto the site.

No, but the non-compliance is considered acceptable subject to conditions of consent


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Conditions of consent (draft) Proposed development Torrens title subdivision of 1 lot into 26 residential lots with

ancillary earthworks, roads, drainage and tree removal.

Property description Lot 14 Section O DP 712, 154 Regent Street Riverstone (subdivision) and Lot 56 DP 1247574 (temporary basin)

1 ADVISORY NOTES 1.1 Terminology

1.1.1 Any reference in this document to a "consent" means ”development consent" defined in the Environmental Planning and Assessment Act 1979.

1.1.2 Any reference in this consent to a Construction, Compliance, Occupation or Subdivision Certificate is a reference to a certificate as defined by Section 6.3, 6.4 and 6.16 of the Environmental Planning and Assessment Act 1979.

1.2 Scope of Consent 1.2.1 The applicant is advised that Council will not release the Subdivision Certificate for the

approved development until such time as the development has been completed in accordance with all of the conditions of consent, to Council's satisfaction.

1.3 Other Approvals

1.3.1 The applicant’s attention is drawn to the need to obtain separate appropriate approval for any ancillary development not approved by this consent, including:

a) the removal of any tree(s) not indicated on the approved plans and any tree(s) located greater than 3 metres from the building perimeter, and

b) any fence, retaining wall, land excavation or filling, advertising structure or other development not being exempt development.

1.4 Services

1.4.1 The applicant is advised to consult with:

a) Sydney Water Corporation Limited b) Energy Provider c) Natural Gas Company d) The relevant local telecommunications carrier

regarding any requirements for the provision of services to the development and the location of existing services that may be affected by proposed works, either on the land or on the adjacent public road(s).

All approved building construction plans attached to the Construction Certificate should be submitted to Sydney Water Tap In, to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements and if further requirements need to be met. The plans are to be appropriately stamped and all amended plans will require re-stamping. For further information go to: www.sydneywater.com.au, then follow the “Developing Your Land link or telephone 1300 082 746 for assistance.

1.4.2 Information regarding the location of underground services may be obtained from the Sydney “Dial Before You Dig” service, telephone number 1100, fax number (02) 9806

http://www.sydneywater.com.au/


0777. Inquirers should provide the street/road name and number, side of street/road name and the nearest cross street/road name.

1.4.3 Prior to any demolition works, all services or utilities should be disconnected in consultation with the relevant service provider.

1.4.4 Underground assets may exist in the area that is subject to your application. In the interests of health, safety, and in order to protect damage to third party assets, please contact Dial Before You Dig at www.1100.com.au or telephone on 1100 before excavating or erecting structures (this is the law in NSW). If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset holders a duty of care that must be observed when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial Before You Dig service in advance of any construction or planning activities.

1.4.5 Telstra (and its authorised contractors) are the only companies that are permitted to conduct works on Telstra’s network and assets. Any person interfering with a facility or installation owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is liable for prosecution. Furthermore, damage to Telstra’s infrastructure may result in interruption to the provision of essential services and significant costs. If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact: Telstra’s Network Integrity Team on phone number: 1800 810 443.

1.5 Identification Survey

1.5.1 The applicant is advised to obtain an identification survey from a registered surveyor to ascertain the correct location of the property boundaries, and to ensure the development does not encroach upon adjoining properties.

1.6 Tree Planting and Service Locations

1.6.1 Street tree planting must not impact on public utilities. The applicant should liaise with the relevant service authorities on the location and use of services within the public road reserve. These authorities may be able to lay their services on the opposite side of the road, thereby providing larger areas for tree planting.

1.6.2 Street tree planting must not interfere with street light spill. The applicant is to provide documentation to confirm there is no conflict between proposed vegetation at maturity and street lighting. This confirmation must be received before a Construction Certificate can be issued.

1.7 Engineering Notes 1.7.1 All works requiring approval under the Roads Act 1993 (except standard vehicular

crossings) or Local Government Act 1993 must be approved PRIOR to the issue of any Construction Certificate or Subdivision Works Certificate.

1.8 Payment of Engineering Fees

1.8.1 If the applicant wishes for Council to issue the Construction Certificate or Subdivision Works Certificate as nominated in the ‘Prior to Construction Certificate/Subdivision Works Certificate please:

• Complete application form

• Submit all relevant plans produced by a suitably qualified person and in accordance with Council’s Standards.

1.9 Road Damage

http://www.1100.com.au/


1.9.1 The cost of repairing any damage caused to Council's assets in the vicinity of the land as a result of the development works shall be met in full by the applicant/developer.

2 General 2.1 Scope of Consent

2.1.1 The proposed subdivision is to be in accordance with the following drawings/details, subject to compliance with any other conditions of this consent:

Drawing No. Dated Council’s REF.

SUBDIVISION PLAN

REV. 6

1 of 3

15/11/2019 D19/491234

SUBDIVISION PLAN

REV. 6

2 of 3

15/11/2019 D19/491234

SUBDIVISION PLAN

REV. 6

3 of 3

15/11/2019 D19/491234

2.2 Services

2.2.1 Low voltage electricity and telecommunications services for the approved development shall be reticulated underground.

2.3 Suburb Name

2.3.1 The land the subject of this consent is known to be located in the following suburb. This suburb name shall be used for all correspondence and property transactions:

Suburb: Riverstone

2.3.2 Any advertising of land sales in association with the approved development shall clearly indicate that the development is located in the following suburb. No other estate names shall be used in any advertisements or other promotional information:

Suburb: Riverstone

2.4 Natural Resources Access Regulator

2.4.1 Before commencing any proposed controlled activity on waterfront land, an application must be submitted to Natural Resources Access Regulator, and obtained, for a controlled activity approval under the Water Management Act 2000.

2.4.2 The following plan(s): - Erosion and Sediment Controls Plan must be: A. prepared in accordance with Managing Urban Stormwater: Soils and Construction, Volume 1 (Landcom, 2004), as amended or replaced from time to time, and B. submitted with an application for a controlled activity approval.

2.4.3 A. The consent holder must ensure that any proposed materials or cleared vegetation, which may: i. obstruct water flow, or ii. wash into the water body, or iii. cause damage to river banks, are not stored on waterfront land, unless in accordance with a plan held by Natural Resources Access Regulator as part of a controlled activity approval. B. When the carrying out of the controlled activity has been completed, surplus materials


must be removed from waterfront land.

2.4.4 The proposed erosion and sediment control works must be inspected and maintained throughout the construction period of the controlled activity and must not be removed until the site is fully stabilised.

2.4.5 A. This General Terms of Approval (GTA) only applies to the proposed controlled activity(s) described in the plans and associated documents relating to Development Application as provided by Council to Natural Resources Access Regulator. B. Any amendments or modifications to the proposed controlled activity(s) may render the GTA invalid. If the proposed controlled activity is amended or modified, Natural Resources Access Regulator, Parramatta Office, must be notified in writing to determine if any variations to the GTA will be required.

2.5 Engineering Matters

2.5.1 Design and Works Specification

2.5.1.1 All engineering works required by this consent must be designed and undertaken in accordance with the relevant aspects of the following documents except as otherwise authorised by this consent:

a) Blacktown City Council's Works Specification - Civil (Current Version)

b) Blacktown City Council's Engineering Guide for Development (Current Version)

c) Blacktown City Council Development Control Plan (Current Version) including Part J – Water Sensitive Urban Design and Integrated Water Cycle Management

d) Blacktown City Council Growth Centre Precincts Development Control Plan

e) Blacktown City Council On Site Detention General Guidelines, S3QM online tool and standard drawing A(BS)175M

f) On Site Stormwater Detention Handbook - Upper Parramatta River Catchment Trust FOURTH Edition.

Design plans, calculations and other supporting documentations prepared in accordance with the above requirements MUST be submitted to Council with any application for Construction Certificate, Road Act 1993 or Local Government Act 1993 approval.

Any Construction Certificates issued by Private Certifiers must also be accompanied by the above documents.

NOTE: Any variations from these design requirements must be separately approved by Council.

2.5.1.2 The Applicant is required to submit to Council, Bonds and/or Contributions for works associated with the development in conjunction with the civil engineering works required to be constructed as part of this development. Works may include:

• Path Paving construction

• Final Layer Asphaltic Concrete (AC) construction

• Maintenance of the construction works

• Removal of temporary infrastructure

These matters will be individually addressed within the consent

Note: A bond release inspection fee will apply.


2.5.1.3 Prior to release of any bond securities held by Council for civil engineering works, the payment of a bond release inspection fee in accordance with Council's Goods and Services Pricing Schedule must be made.

2.5.1.4 Written notice must be provided to adjacent properties, at least 5 days prior to works commencing, where works are approved by this consent and located within Council controlled lands (i.e. Roads, drainage reserves, parks, etc.)

A copy of this notice must be provided to Council’s Co-ordinator of Engineering Approval.

2.5.2 Other Necessary Approvals

2.5.2.1 A separate application will be required for the following approvals, under the Local Government Act 1993 and/or the Roads Act 1993.

• Vehicular Crossings

• Works on or occupation of existing public roads (Not including works covered by a Roads Act Approval)

2.5.3 Subdivision 2.5.3.1 Principal Certifying Authority - Blacktown City Council shall be the Principal Certifying

Authority for the proposed subdivision and issue the Subdivision Certificate.

2.6 Other Matters

2.6.1 No construction preparatory work (such as, excavation, filling, and the like) shall be undertaken on the land prior to a valid Construction Certificate being issued.

2.6.2 Any future substation, temporary drainage works or other utility installation required to service the approved subdivision/development shall not be sited on future or existing Council land, including road reservations and/or public reserves.

2.7 Other Drainage Matters

2.7.1 The bio-retention construction works shall be staged as per page 13 of Council’s WSUD Standard Drawings Plan No. A(BS)175M. The temporary bio-retention basin shall be constructed in three stages: Stage 1, Stage 2 and Stage 3.

2.7.2 An intermediate temporary bio-retention system (Stage 2) is to be provided at release of subdivision plan. Once 90% of the upstream catchment is developed as determined by the developer or where notified by Council, the final temporary bio-retention system (Stage 3) is to be completed within 6 months.

2.7.3 The developer is to maintain the temporary detention basin and temporary water quality treatment measures and these measures are not to be removed, nor the positive covenants lifted, until the downstream regional Council detention basin including water quality measures are completed.

2.7.4 Each year by the first business day on or after 1 September the registered proprietor/owners corporation is to provide to Council’s Asset Design Services Section a report outlining all maintenance undertaken on the Stormwater Quality Improvement Devices in accordance with the approved maintenance schedule. All materials removed are to be disposed of in an approved manner. Copies are to be provided of all contractor’s cleaning reports or certificates to Council’s WSUD Compliance Officer.

2.7.5 The Bio-retention Construction Bond is not to be released until:

Practical completion of the bio-retention basin. Practical Completion is defined as removal of any temporary protection measures, installation of the filter media and planting out of the basin; and

i. A Geotechnical Engineer has undertaken in-situ Saturated Hydraulic Conductivity


Testing of the bio-retention system in accordance with Practise Note 1 of the FAWB guidelines. Test points are to be spatially distributed. Where the hydraulic conductivity of the soil differs from the rate specified in MUSIC of 100 mm/hr (tolerance -0% to + 400%), remediation works will be required over the whole filter area to restore the conductivity and the test repeated in different locations until the hydraulic conductivity is achieved. A Geotechnical Engineer is to then certify that in accordance with Practice Note 1 of the FAWB guidelines, the Saturated Hydraulic Conductivity is within tolerance to the rate specified in MUSIC for the bio-retention system; and

ii. After the hydraulic conductivity has been certified by the Geotechnical Engineer, a Horticulturalist that has relevant tertiary qualifications and technical knowledge with a minimum of 5 years demonstrated experience is to certify that the planting within the bio-retention area including bank areas, is of the same quality in type and quantity as per the construction certificate approved landscape plans, that any plants lost have been replaced, the area is free of rubbish and that any areas of scour or disrepair have been restored.

2.8 Traffic Matters 2.8.1 Footpath shall be provided in accordance with the DCP requirements for pedestrian

access.

2.8.2 The potential driveways for the resultant corner lots must be outside 6 m of the nearest tangent points of the intersections.

3 Prior to Demolition Works (building) 3.1 Safety/Health/Amenity

3.1.1 Security fencing shall be provided around the perimeter of the demolition site to prevent unauthorised entry to the site. Notices complying with AS 1319-1994 and displaying the words "DANGER - DEMOLITION IN PROGRESS", or similar message shall be fixed to the fencing at appropriate places to warn the public.

3.1.2 A sign shall be erected in a prominent position on the land indicating the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

3.1.3 Should the demolition work:

a) be likely to be a danger to pedestrians in a public place or occupants of any adjoining land or place,

b) be likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or

c) involve the enclosure of a public place,

a hoarding or protective barrier shall be erected between the work site and the public place or adjoining land or place. Such hoarding or barrier shall be designed and erected in accordance with Council's current Local Approvals Policy under the Local Government Act 1993.

Where necessary, an awning shall be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place or adjoining land or place.

The hoarding, awning or protective barrier shall be effectively illuminated between sunset and sunrise where it may be hazardous to any person in the public place.

3.1.4 Toilet facilities shall be provided on the land at the rate of 1 toilet for every 20 persons


or part thereof employed at the site.

Each toilet provided shall be:

(a) a standard flushing toilet, and

(b) connected:

(i) to a public sewer, or

(ii) if connection to a public sewer is not practicable, to an accredited sewage management facility provided by the Council, or

(iii) if connection to a public sewer or an accredited sewage management facility is not practicable to some other sewage management facility approved by Council.

3.1.5 Soil erosion and sediment control measures shall be provided in accordance with Council's Soil Erosion and Sediment Control Policy.

3.2 Tree Protection

3.2.1 Any tree not indicated on the approved Development Application plans as being removed shall be effectively protected against damage.

3.3 Other Matters

3.3.1 The Applicant is to advise all adjoining neighbours, and those located opposite the subject development site, by letter, of their intention to commence demolition work. The letter shall be distributed at least 2 days prior to the intended work and include the following information:

• date/s, hours and duration of the works.

• contact name and phone number of the applicant

• contact name and phone number of the licensed demolisher

• WorkCover NSW contact number 131050, and email address [email protected]

4 During Demolition Works (building) 4.1 Safety/Health/Amenity

4.1.1 Security fencing shall be maintained around the perimeter of the demolition site to prevent unauthorised entry to the site at all times during the demolition works. Notices lettered in accordance with AS 1319-1994 and displaying the works "DANGER - DEMOLITION IN PROGRESS", or similar message shall be maintained on the fencing at appropriate places to warn the public.

4.1.2 A sign shall be maintained in a prominent position on the land indicating the name of the person in charge of the work site and a telephone number at which that person may be contacted outside working hours.

4.1.3 Any hoarding or protective barrier required to be erected between the work site and the public place on adjoining land or place shall be maintained in an effective condition.

4.1.4 The required toilet facilities shall be maintained on the land at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site.

4.1.5 Soil erosion and sediment control measures shall be maintained in accordance with Council's Soil Erosion and Sediment Control Policy.

mailto:[email protected]


4.1.6 Any excavation and/or backfilling associated with the demolition works shall be executed safely and in accordance with appropriate professional standards, with any excavation properly guarded and protected to prevent them from being dangerous to life or property.

4.1.7 All demolition work and handling of materials shall be in accordance with Australian Standard 2601-2001 (Demolition of Structures) and all applicable NSW WorkCover Authority requirements including the Code of Practice for the Safe Removal of Asbestos” – National Occupational Health and Safety Commission:2002 (if applicable)

4.1.8 All plant and equipment used on the land shall be operated by a competent person. Cranes used for hoisting and lowering of materials shall comply with AS 1418.1 and AS 1418.5 and be fitted with a load indicator and hoist limited device.

4.2 Nuisance Control

4.2.1 Any noise generated during demolition shall not exceed those limits specified in the Protection of the Environment Operations Act 1997 and shall be limited to between 7.00am and 6.00pm, Monday to Friday, and 8.00am to 1.00pm, Saturday, with no demolition work being undertaken on Sundays or public holidays.

5 Prior to Construction Certificate (General) 5.1 DA Plan Consistency

5.1.1 A Construction Certificate or Subdivision Works Certificate for the proposed development shall only be issued when the accompanying plans, specifications and/or details are consistent with the approved Development Application design plans.

5.2 Street tree planting

5.2.1 The applicant must submit a Street Tree Plan detailing the proposed street tree planting and maintenance for the approved subdivision. The Street Tree Plan is to reflect the species palette in our Street Tree Guidelines and must include:

• cross-sections showing dimensions of tree pits • species • details of root protection barriers • soil specifications • location of tree pits in relation to services, intersections and future driveways, light

poles, stormwater pits sewerage infrastructure and utilities • Street tree maintenance

NOTE: Any tree planting to be undertaken as part of the approved development shall be available to Council for inclusion in future carbon sequestration programs.

The Street Tree Plan must show how the developer can decommission any median feature and road verge landscaping, and reinstate landscaping suitable to Blacktown City at handover.

Landscaping to lot boundaries is to be wholly located within private property and not encroach upon the road reserve.

Street tree planting must not interfere with the street light spill. The applicant is to provide documentation to confirm there is no conflict between proposed vegetation at maturity and street lighting.

This information must be received before a construction certificate can be issued.

6 Prior to Construction Certificate/Subdivision works Certificate (Engineering)


6.1 General 6.1.1 All relevant conditions within the ‘Prior to Construction Certificate’ section of this

consent shall be satisfied before any Construction Certificate or Subdivision Works Certificate can be issued.

6.1.2 The engineering drawings referred to below are not for construction. The Construction Certificate/Subdivision Works Certificate drawings shall be generally in accordance with the approved drawings and conditions of consent. Any significant variation to the design shall require a section 4.55 application

Construction Certificate/Subdivision Works Certificate plans shall be generally in accordance with the following drawings and relevant Consent conditions:

Prepared By Project No. Drawing No. No. of Sheets Revision Dated

Calibre 17-000668 000-902 29 0 20/11/2018

The following items are required to be addressed on the Construction Certificate plans:

i. The tail-out works and temporary basin proposed into neighbouring property requires a Local Government Act Approval, adjoining property owner’s consent and the creation of an easement to drain water prior to the issue of the Construction Certificate.

ii. Amend Regent Street cross-section to be consistent with the road formation as required by this consent.

iii. Where staging of construction works is proposed, the engineering plan is to clearly demonstrate extent of works for each stage.

iv. Provide an external catchment plan and clearly demonstrate how the upstream catchment is managed through and around the site in accordance with Council’s Engineering Guide for Development.

v. Show indicative driveway locations on engineering plan to demonstrate vehicle access to each lot can be achieved without conflict to drainage infrastructure or services.

vi. Show construction of vehicle crossings to each lot with proposed access from Regent Street where the verge width is 5.5m or greater.

vii. Piped street drainage at this site is to be designed to cater for a minimum 10 year ARI (10% AEP) in accordance with Blacktown City Council’s standard design guidelines.

viii. The invert level in pit 01/12 on Calibre plan No.17-000668 sheet 301 must not be lower than RL 27.91m AHD to allow discharge to future downstream drainage infrastructure. The proposed site road and drainage design are to be amended to suit.

ix. The piped drainage system is to be designed to suit following minimum hydraulic grade line levels in the CP20 F13.1 conveyance channel at outlet 01/13:-

a) 10% AEP = RL 27.87m AHD

b) 1% AEP = RL 28.04 AHD

x. Design site drainage for fully developed conditions for upstream catchments draining to 154 Regent Street. The extent of the external catchment is to be consistent with Blacktown City Council ‘PLAN SHOWING EXTERNAL CATCHMENTS DRAINING TO 154 REGENT ST RIVERSTONE’, Drawing No.SK-01, 18 November 2019 (a copy is available from Council’s Asset Design section, Blacktown City Council)


xi. That proposed conveyance pipeline(s) (LINE 101) draining upstream external catchments through the 154 Regent Street site are sized in accordance with Council’s standard design guidelines ensuring that: a) Minimum upstream catchment design flow rates at LINE 101 through the

154 Regent Street development are: 20% AEP – 3.7 m3/s 10% AEP – 4.3 m3/s 1% AEP – 6.22 m3/s (note: all stormwater modelling is to be provided to Council)

b) Line 101 must be extended west along Road 3 to the western site boundary to allow for future connection of upstream catchment. Interim headwall to be retained generally as shown

c) Maximum upstream HGL at 101\01is not to exceed RL 32.4 (AHD) xii. Amended engineering plans showing extent of proposed drainage and

temporary outlet works and associated report and calculations are to be endorsed as acceptable by Council’s Asset Design section prior to issue of Construction Certificates.

xiii. Section 2. Amend drawing to show 225 mm low flow outlet pipe.

xiv. Provide Floodway Warning Signs for the above ground detention areas in accordance with Plan A(BS)114S from Council’s Engineering Guide for Development 2005.

xv. Revised Landscape plans are required in accordance with Council’s WSUD Standard Drawings A(BS)175M Sheet 12 that include appropriate species for the bio-retention system for the 400 mm deep filter media. Planting within the filter area should incorporate several growth forms, including shrubs and tufted plants and be densely planted (tufted plants at a minimum of 10 plants per square metre) to ensure plant roots occupy all parts of the media. To ensure diversity and disease resistance a minimum of six (6) different species is required planted as a matrix. All plants within the filter area are to be planted with tube stock, or viro tube and not pots. No mulch is permitted over the bio-retention however jute mat is accepted.

6.2 Subdivision Works/Construction Certificate Requirements

6.2.1 Under the Environmental Planning and Assessment Act 1979 a Subdivision Works/Construction Certificate is required. These works include but are not limited to the following:

• Road and drainage construction

• Temporary on-site stormwater detention

• Water quality treatment

• Earthworks

• Inter-allotment drainage (created within the subject lot)

• Path Paving (within a subdivision)

The above requirements are further outlined in this section of the consent.

6.3 Local Government Act Requirements 6.3.1 Under Section 68 of the Local Government Act 1993 an approval for engineering work

is required. These works include but are not limited to the following:

• Any works within a Council Reserve

• Any works on adjoining land (outside the subject site boundaries)

• Inter-allotment drainage on adjoining land



6.4 Roads Act Requirements

6.4.1 Under Section 138 of the Roads Act 1993 an approval for engineering work is required. These works include but are not limited to the following:

• Any works within Council’s road reserve

• Half width road construction

• Kerb inlet pit connections or construction

• Vehicular crossings

• Path Paving


6.5 Other Engineering Requirements

6.5.1 If the estimated cost is $25,000 or greater proof of long service levy payment is required.

6.5.2 Any ancillary works undertaken shall be at no cost to Council.

6.5.3 Submit written permission from the affected property owner for any works proposed on adjoining land.

6.5.4 All street name poles, light poles and bus shelters shall be black powder coated in accordance with Blacktown City Council’s Engineering Guide for Development. Ensure this is noted on the construction plans.

6.5.5 Submit a Public Utilities Plan demonstrating adequate clearance between services to stormwater pits, pipes, driveways, light poles, etc.

6.6 Roads

6.6.1 Submit a pavement report prepared and designed by a professional civil engineer with soil tests carried out by a registered NATA soils laboratory. The pavement design shall withstand the traffic loadings listed in this consent.

Note: The design CBR is to be confirmed on site prior to placement of any pavement. If actual CBR is less than design CBR, revised pavement design will be required.

6.6.2 Submit a traffic management plan (TMP) including but not limited to a Traffic Control Plan (TCP) and Pedestrian Management Plan, for any works within public road reserves. The TCP shall be approved, signed and dated by a person who holds a current Roads and Maritime Services (RMS) Work Zone Traffic Management Plan accreditation and photo card.

6.6.3 Any approved design drawings must show a 5 m x 5 m splay for residential lots at each street intersection.

6.6.4 Proposed new roads shall be designed and constructed as follows:

Name Width(m) Length (m) Formation (m) Traffic Loading N(E.S.A)

Road 01 (half road)

16 153 3.5-9.0-3.5 5 x 105

Road 02 (half road)

16 153 3.5-9.0-3.5 5 x 105

Road 03 16 101 3.5-9.0-3.5 5 x 105

Road 04 16 91 3.5-9.0-3.5 5 x 105


6.6.5 Half width road with a minimum 4.5 m width of pavement for the full road frontage of the development is required. These construction works include drainage, kerb and gutter, footway turfing, service adjustments and any other ancillary work necessary to make this construction effective.

6.6.6 Existing roads shall be designed and re-constructed as follows:

Name Width (m) Length (m) Formation (m) Traffic Loading N(E.S.A)

Regent Street

(half road)

20.11 Full frontage

5.56-9.0-5.56 5 x 105

NOTE: The length/extent of construction work required for Regent Street may vary to ensure smooth transition to existing levels.

6.6.7 Staging of road construction will be permitted where suitable traffic circulation or temporary turning areas in dead end roads are evident in accordance with Council’s Engineering Guide for Development.

6.6.8 A Road Safety Audit is required to identify and safely manage any potential hazards that may result from the half road construction of Regent Street, Road No. 01 and Road No. 02.

6.6.9 A Works In Kind agreement (WIK) must be obtained with the approval of the relevant authority for any proposed construction works for any part of the Section 7.11 CP20 item RM8.1.

6.7 Drainage 6.7.1 Drainage from the site must be connected into Council’s existing drainage system.

6.7.2 Provide inter-allotment drainage lines for lots that do not drain directly to a public road. The design shall include pipeline long-sections and identify location and levels of services.

6.7.3 Any overland or stormwater flows must be intercepted at the property boundary, conveyed through the site in a piped or channelled drainage system and discharged in a satisfactory manner.

6.7.4 Provide a roof water outlet to kerb for each proposed lot that drains to the street.

6.8 Signage and Line Marking 6.8.1 A formal submission must be made to the Local Traffic Committee (LTC) through

Council’s Traffic Engineering department for all signage and line marking details proposed as part of these works.

A determination will be required prior to the implementation of all signage and line marking works.

6.9 Erosion and Sediment Control 6.9.1 Provide a sediment and erosion control plan in accordance with Council's Soil Erosion

and Sediment Control Policy and Engineering Guide for Development.

6.10 Earthworks

6.10.1 Batters are not to exceed a grade of 1V:5H and are to be stabilised with topsoil, turf and vegetation.

6.10.2 Finished levels of all internal works at the road boundary of the property must be 4% above the top of kerb.

6.10.3 Retaining walls shall be a maximum single height of 1.2 m (600 mm cut + 600 mm fill). Where a retaining wall is proposed that is more than 1.2 m in height, a terraced


solution shall be provided. Terraces should not exceed 900 mm in height (each). Note that the lower terrace is to be inside the lower lot, and the upper terrace on the boundary. Terraces should have a minimum separation distance equal to the height of the terrace. Retaining walls shall be of masonry construction.

6.10.4 Show on plan adjacent to road cross sections approximate quantities of road materials required for construction. (i.e. Densely Graded Subbase and Densely Graded Base)

6.11 Stormwater Quality Control

6.11.1 Stormwater quality treatment system shall be designed in accordance with Council’s Engineering Guide for Development and DCP Part J - Water Sensitive Urban Design and Integrated Water Cycle Management.

6.11.2 Provide a maintenance schedule for the stormwater quality device that is signed and dated by the designer.

6.11.3 Bio-retention basin(s) to be designed in accordance with Council’s Water Sensitive Urban Design standard drawings and Council’s Engineering Guide for Development and DCP Part J - Water Sensitive Urban Design and Integrated Water Cycle Management.

6.12 Temporary On-Site Detention

6.12.1 A temporary on-site detention system in accordance with Council’s Engineering Guide for Development. This design shall limit the post-developed flows in accordance with the parameters set out in Council’s WSUD Standard Drawings A(BS)175M OSD Requirements - Sheet 20.

6.12.2 Submit the following certificates which are to be prepared by a registered engineer (NER):

• Certification that the structures associated with the temporary on-site detention system have been designed to withstand all loads likely to be imposed on them during their lifetime.

• Certification that the temporary on-site detention system will perform to meet the temporary on-site detention requirements.

6.12.3 The following documents shall be submitted to accompany the temporary on-site detention design:

• Comprehensive drainage drawings with cross-sectional details of the storage area, pit numbers, pipe sizes, catchment plan, etc.

• S3QM Certificate OSD detailed design submission and calculation summary sheet

• A maintenance schedule that is signed and dated by the designer

6.13 Footpaths

6.13.1 Path pavings to be provided generally in accordance with Council’s Path Paving Policy, Blacktown City Council Engineering Guide for Development and Blacktown City Council Growth Centre Precincts Development Control Plan 2018 and as follows:

Street Name Side Paving Width Length

All new roads Both Sides 1.5m Full length

Regent Street South side 1.5m Full frontage

6.14 Other Drainage Matters

https://www.blacktown.nsw.gov.au/files/assets/public/buidling-and-planning/dcps-amp-lap/part-j-water-sensitive-urban-design-and-integrated-water-cycle-management.pdf





6.14.1 Provide a Bio-retention Construction Estimate for the removal and disposal of the temporary protection measures for the bio-retention areas, replacement with filter media, the cost of undertaking hydraulic conductivity testing on the filter media in the basin, planting of appropriate species and horticulturalist certification.

7 Prior to Development Works (engineering) 7.1 Safety/Health/Amenity

7.1.1 Soil erosion and sediment control measures shall be provided in accordance with Council's Soil Erosion and Sediment Control Policy.

7.1.2 A single vehicle/plant access to the land shall be provided to minimise ground disturbance and transport of soil onto any public place. Such access shall be provided in accordance with the requirements of Appendix "F" of Council's Soil Erosion and Sediment Control Policy. Single sized 40 mm or larger aggregate placed 150 mm deep, and extending from the street kerb/road shoulder to the land shall be provided as a minimum.

7.1.3 Any excavation and/or backfilling associated with the development shall be executed safely and in accordance with appropriate professional standards, with any excavation properly guarded and protected to prevent such work being dangerous to life or property.

7.2 Notification to Council 7.2.1 The person having the benefit of this consent shall, at least 2 days prior to work

commencing on site, submit to Council a notice under Clauses 135 and 136 of the Environmental Planning and Assessment Regulation 2000, indicating details of the appointed Principal Certifying Authority and the date construction work is proposed to commence.

7.2.2 At least 5 full working days written notice must be given for the commencement of engineering works. Such notice must be accompanied by evidence of the contractors Public Liability and Workers Compensation Insurances. For Public Liability Insurance this should be a minimum amount of $20,000,000.

7.3 Adjoining Owners

7.3.1 Written permission from the respective owner(s) must be obtained to:

a) discharge stormwater onto adjoining owner’s land. b) carry out works on adjoining land. c) drain the site across land owned by others. A copy of such written permission shall be lodged with Council.

7.4 Tree protection

7.4.1 Any tree not approved for removal or more than 3m from the building perimeter is to be effectively protected against damage.

8 During Construction (General) 8.1 Contamination 8.1.1 Recommendations outlined in the Targeted Detailed Site Investigation Report,

prepared by Douglas Partners Pty Ltd, Project reference 92211.01; dated March 2018 must be implemented.

8.1.2 Any asbestos material is to be handled and treated in accordance with the WorkCover document “Your Guide to Working With Asbestos - Safety guidelines and requirements for work involving asbestos” dated March 2008.

8.1.3 An appropriately qualified environmental consultant must be engaged to supervise all aspects of site remediation and validation.


8.1.4 Any materials requiring off-site disposal will need to be classified, managed and disposed of in accordance with the Protection of the Environment Operations Act 1997 and the NSW Environment Protection Authority’s Waste Classification Guidelines (2014)

8.2 Salinity 8.2.1 The salinity management recommendations provided in the Salinity Investigation and

Management Plan prepared by Douglas Partners (Project Ref. 92211.00 March 2017) shall be implemented during construction.

8.3 Aboriginal Heritage 8.3.1 If, during the course of subdivision works, the applicant or persons acting on this

consent become aware of any previously unidentified Aboriginal object(s), all work likely to affect the object(s) shall cease immediately and the NSW Office of Environment & Heritage informed in accordance with Section 89A of the National Parks and Wildlife Act 1974. Relevant works shall not recommence until written authorisation from the NSW Office of Environment & Heritage is received by the Applicant. In addition, a member of each of the Western Sydney Aboriginal Stakeholder Groups is to be contacted.

8.4 Other Matters 8.4.1 Throughout the duration of the works, the applicant is to demonstrate compliance with

the following approval parameters:

a) The applicant is to ensure that validation for the entire subject site can be prepared by a suitably qualified environmental consultant in accordance with Council's Contamination Land Policy.

b) The applicant is to ensure that the site has been satisfactorily secured so as to prevent any unauthorised dumping of illegal fill/waste building materials (i.e. non-V.E.N.M soils) from entering onto the development site.

c) Appropriate dust suppression measures are to be incorporated into the site works process, so as to ensure that adjoining properties in the local vicinity are not negatively impacted upon by dust generated from the development site.

d) Any fill material imported to the site shall be certified at the source by a suitably qualified consultant as VENM fill material to NEPM 2013 guidelines, non-slightly saline and non-aggressive to concrete or steel. If the importation of fill is undertaken under a specific EPA exemption, relevant details of the EPA exemption shall be forwarded to Council prior to the importation of fill to the site.

Should any complaints regarding non-compliance with any of the above matters or other such operational type matters, then no alternative but to fully investigate the complaint and pursue an appropriate course of action.

8.5 Natural areas matters 8.5.1 The GGBF Habitat Plan prepared by Eco Logical Australia, Version 4, dated 13

November 2019 must be complied with.

8.5.2 As per the approved GGBF Habitat Plan (Eco Logical Australia, V4, 13 November 2019), the following reports must be provided to Council through the Natural Areas Team:

a) 12 reports are to be provided following the water monitoring inspections in the created ponds. Each report is to be provided following the inspection during the first week of each season (March, June, September & December) for a period of 3 years from the pond construction.

b) Annual reports are to be provided in October for a minimum period of 3 years, until performance criteria have been met.


9 During Construction (Engineering) 9.1 Notification of Works

9.1.1 A notification of works flyer (letter drop) is to be provided to all residential housing, businesses and organisations adjacent to any engineering works approved by this consent. This is for works undertaken on Council controlled lands such as roads, drainage reserves and parks. The notification of works flyer must contain details of the proposed works, locality map of works, contact details and the anticipated time period. A signed copy of the notice is to be provided to Council’s Engineering Approvals Team and is to show the date of the letter drop as well as highlight the area that received the notification.

9.2 Insurances

9.2.1 Current copies of relevant insurance Certificates of Currency are to be submitted to Council’s Engineering Approvals Team. This shall be submitted prior to commencement of engineering works required by this consent that are carried out on Council controlled lands such as roads, drainage reserves and parks. This includes Public Liability Insurance with a minimum of $20,000,000 Indemnity and Workers Compensation.

9.3 Soil Erosion and Sediment Control Measures

9.3.1 Soil erosion and sediment control measures onsite shall be implemented, maintained and monitored in accordance with Council's Soil Erosion and Sediment Control Policy.

9.4 Filling of Land and Compaction Requirements 9.4.1 Suitable land fill replacement is required when unsuitable soils are removed. All fill

including existing fill shall be compacted in accordance with Council's Works Specification - Civil (current version). A compaction certificate shall be obtained from an appropriately qualified practising registered engineer (NER) verifying that the correct compaction requirements have been met. This compaction certificate is to be submitted to Council.

9.4.2 Special attention is drawn to the below listed requirements of Council's Works Specification - Civil (Current Version).

a) Compaction certificates for fill within road reserves.

b) Compaction certificates for road sub-grade.

c) Compaction certificates for road pavement materials (sub-base and base courses).

d) Contour lot fill diagrams and lot fill compaction certificates. A restriction as to User with Council's standard wording must be placed on filled lots.

e) Applicant to submit material compliance documentation in accordance with Councils Civil Works Specification 8.1.4

• Compliance Certificate and Test Results

• Delivery Dockets

• Summary of Material deliveries as per template available on Council’s website

Note: Council's Works Specification (Civil) requires road pavement and pipe bedding materials be sourced from N.A.T.A. certified stockpiles.

The above documentation shall be submitted prior to Subdivision and/or Occupation certificate as required by this consent.


9.4.3 Site filling within lot boundaries (not in road reserves) and compaction is to be carried out under the supervision of a Chartered Geotechnical Engineer and shall be in accordance with Blacktown City Council's “Works Specification - Civil (Current Version)”. Minimum standard compaction of 95% must be achieved and certified by a NATA registered soils lab and details submitted to Council.

9.4.4 Only clean fill shall be deposited/imported on site in accordance with Council's Works Specification - Civil (Current Version). Note: dry builder's waste i.e. bricks plaster and timber industrial waste or putrescible materials are not to be deposited on site. Validation of the imported fill material will be required by a suitably qualified registered engineer.

9.4.5 Appropriate dust control measures are to be implemented during construction to reduce any impact on local air quality and reduce dust emissions. This will include but not be limited to regularly wetting down of the site during the course of works being carried out in order to control wind blown dust.

9.4.6 All roads adjoining the site must be kept clean and free of all materials. Infringement Notices incurring a monetary penalty may be issued by Council where this measure is not being complied with.

9.4.7 Trucks transporting cut and fill must have their loads covered and provisions of “shaker pads” and wash-down areas for trucks leaving the site are to be made available. All details are to be shown on soil erosion and sediment control plans.

9.4.8 Prior to the placement of any fill on the site all topsoil and vegetation must be removed down to a suitable sub-grade material. The topsoil is to be stockpiled for use in revegetation of the site.

9.5 Filling in Contaminated Land 9.5.1 During the course of placement of filling the applicant shall undertake further testing for

potential soil contamination. Validation of the imported fill material will be required.

9.5.2 All testing and validation of the fill material shall be undertaken by a suitably qualified environmental consultant in accordance with Council's Policy and Procedures for the determination of Rezoning Development and Building Applications involving Contaminated Land. A Remediation and Validation Report documenting the testing undertaken shall be submitted to Council for approval.

9.5.3 Should any remediation works be required documentary evidence prepared by a suitably qualified environmental consultant validating the site is to be submitted to Council for approval.

9.6 Inspection of Engineering Works - Environmental Planning and Assessment Act 1979.

9.6.1 Comprehensive inspection compliance certificate(s) to be issued for all engineering works required by this consent and the approved construction certificate. The inspection compliance certificate(s) can only be issued by Council or an accredited certifier, under Part 4A of the Environmental Planning and Assessment Act 1979 as amended. A schedule of mandatory inspections is listed in Council’s Works Specification – Civil (current version).

Where Council is appointed as the Principal Certifying Authority for the development, compliance certificates issued by accredited certifiers in lieu of council inspections will only be accepted by prior agreement or by Council request. All compliance certificate(s) must certify that the relevant work has been completed in accordance with the pertinent Notice of Determination / Development Consent and Construction Certificate.

9.7 Inspection of Engineering Works - Roads Act 1993 or Local Government Act 1993


9.7.1 All inspection(s) required by this consent for any engineering works that are approved under the Roads Act 1993 or Local Government Act 1993 must be made by Council's Development Overseers.

Inspections must be pre-booked with a minimum 24 hours’ notice. Council’s Development Overseers may be contacted on 02 9839 6586 between 6 am – 7 am, Monday to Friday. Note: A site inspection is required prior to commencement of work. A schedule of mandatory inspections is listed in Council’s Works Specification – Civil (current version).

9.8 Public Safety

9.8.1 The applicant is advised that all works undertaken are to be maintained in a safe condition at all times. Council may at any time and without prior notification make safe any such works Council considers to be unsafe and recover all reasonable costs incurred from the applicant.

9.9 Traffic Control 9.9.1 Any "Traffic Control Plan" utilised for engineering works required by this consent must

be prepared by a person who holds a current Roads and Maritime Services (RMS) Work Zone Traffic Management Plan accreditation and photo card for all works that are carried out in or adjacent to a public road. This Plan must satisfy all the requirements of AS 1742.3 - 2009.

9.9.2 Traffic control devices/facilities (i.e. barricades, signs, lights, etc.) required by the certified Traffic Control Plan must be setup, installed, monitored and maintained and by a person who holds a current Roads and Maritime Services (RMS) accreditation and photo card to implement Traffic Control Plans.

9.9.3 Persons undertaking the control of traffic through or around work sites on Council controlled roads must hold a current Roads and Maritime Services (RMS) Traffic Controller accreditation and photo card and carry it with them.

9.9.4 The applicant is advised that prior to implementation of any traffic control system and during the entire course of construction suitably qualified Roads and Maritime Services (RMS) accredited work site traffic controllers will ensure a smooth transition with other nearby traffic control setups. The coordination, communication and cohesion between adjacent traffic control systems shall be addressed by the applicant and must satisfy all the requirements of AS 1742.3 - 2009.

9.9.5 Where the Traffic Control Plan may change during the course of construction to facilitate new works, a revised traffic control plan shall be prepared and certified by a person who holds a current Roads and Maritime Services (RMS) accreditation to prepare a Work Zone Traffic Management Plan. This Plan must satisfy all the requirements of AS 1742.3 – 2009 and the current version of the RMS Traffic Control at Work Sites manual and shall be submitted to Council prior to implementation.

9.10 Powder Coated Furniture 9.10.1 Where the conditions of this consent permit the installation of powder coated furniture

(i.e. street lighting poles, bus shelters, rubbish bins, seats or any other items of street furniture), a certificate from the manufacturers shall be provided to Council confirming that the nominated powder coated items have been prepared and coated in accordance with Australian Standard AS/NZ 4506-2005 (service condition category 3). This certificate must be no more than 3 months old and shall be provided to Council prior to the installation of the relevant items of the street furniture. Any items of street furniture not so certified shall be removed and replaced at no cost to Council with items appropriately certified.

9.11 Road Line Marking and Traffic Signage


9.11.1 Prior to the implementation of any road line marking and traffic signage required by this development the applicant shall acquire an approved construction certificate for the line marking and traffic signage plan arrangement.

In this regard, the applicant shall provide evidence to the certifying authority in order to demonstrate that the proposed line marking and traffic signage plan has approval from the local traffic committee and has been adopted by Ordinary Council Meeting.

Note: all recommendations by the local traffic committee and Ordinary Council Meeting shall be reflected within the construction certificate for line marking and traffic signage.

9.12 Other Drainage Matters 9.12.1 Provide certification prior to placement, that the bio-retention filter media ex-bin has:

i. A minimum hydraulic conductivity as defined by ASTM F1815-11 of 250 mm/hr (actual, not predicted)

ii. A maximum hydraulic conductivity as defined by ASTM F1815-11 of 700 mm/hr (actual, not predicted)

iii. An Orthophosphate content < 20 mg/kg iv. A Total Nitrogen content < 900 mg/kg

v. Is not hydrophobic.

9.12.2 Provide certification prior to placement in the bio-retention basin, that the transition layer material ex-bin:

i. Is a clean, washed well-graded coarse sand or coarse sand blend containing little or no fines (< 2%), and

ii. Satisfies the bridging criteria D15 (transition layer) ≤ 4 x D85 (filter media) where: D15 is the 15th percentile particle size in the transition layer material (i.e., 15% of the sand is smaller than D15 mm), and D85 is the 85th percentile particle size in the filter media.

iii. Satisfies the hydraulic conductivity criteria D15 (drainage layer) ≥ D15 (transition layer) x 2.

9.12.3 Provide certification prior to placement in the bio-retention basin, that the drainage layer material ex-bin:

i. Is a clean washed 5 mm gravel, such as washed screenings.

ii. Satisfies the bridging criteria D15 (drainage layer) ≤ 4 x D85 (transition layer) where: D15 (drainage layer) is the 15th percentile particle size in the drainage layer material (i.e., 15% of the gravel is small than D15 mm), and D85 (transition layer) is the 85th percentile particle size in the transition layer material.

iii. Satisfies the hydraulic conductivity criteria D15 (drainage layer) ≥ D15 (transition layer) x 2.

10 Prior to Subdivision Certificate (Planning) 10.1 Section 7.11 Contributions

10.1.1 Contributions under to Section 7.11 of the Environmental Planning & Assessment Act 1979 must be paid.

Under the Section 7.11 Direction issued by the Minister for Planning on 4 March 2011, Council must not impose a condition of development consent under Sections 7.11 (1) of 7.11 (3) or the Act requiring the payment of a monetary contribution exceeding $45,000 for each dwelling authorised by the development consent, or in the case of a development consent that authorises the subdivision of land into residential lots, exceeding $45,000 for each residential lot authorised to be created by the development


consent. The Section 7.11 contributions payable below have been assessed in accordance with this Direction:

No. of intended dwellings: 26

Total Contribution: $1,170,000

Payment of this amount must be made prior to the issue of the Subdivision Certificate.

PLEASE NOTE: Payments must be made by BANK CHEQUE IF IMMEDIATE CLEARANCE IS REQUIRED. Payments of the full amount by credit card or EFTPOS are accepted up to $10,000.00 only. Any payments above $10,000.00 must be made by cheque. Payments above $10,000.00 cannot be split between different credit or EFTPOS cards.

Note: In complying with the Minister’s Section 7.11 Direction, the applicant is advised that Council may not be in a position to provide all of the facilities listed in the applicable contributions plan due to the potential shortfall of contributions to be received as a result of the $45,000 per dwelling/lot limit.

The amounts below are the indexed contributions as at the date of this consent which, if not for the Ministerial Direction, would have applied to this consent. These amounts have been supplied for your information.

Contribution Indexed Amount Plan No.

Stormwater Quantity – First Ponds Creek

$1,164,224.00 20

Stormwater Quality – First Ponds Creek

$189,190.00 20

Traffic Management $314,537.00 20

Open Space $570,439.00 20

Community Facilities $7,705.00 20

E2 Conservation Zone $24,576.00 20

Copies of the following relevant Contributions Plan may be inspected/purchased from Council’s Information Centre, or viewed/downloaded at www.blacktown.nsw.gov.au:

S.7.11 CP No. 20 – Riverstone & Alex Avenue Precincts

The Section 7.11 Contributions have been based on the potential additional population and developable area nominated below. Should the final plan of survey indicate any change to the potential additional population and/or developable area, the Section 7.11 Contributions will be adjusted accordingly.

Additional population: 75.4 persons

Developable area: 1.6190 hectares

10.2 Special Infrastructure Contributions

10.2.1 The applicant is to make a special infrastructure contribution in accordance with any determination made by the Minister administering the Environmental Planning and Assessment Act 1979 under Section 94EE of that Act that is in force on the date of the

http://www.blacktown.nsw.gov.au/


consent, and must obtain a certificate to that effect from the Department of Planning and Infrastructure before a Subdivision Certificate is issued in relation to any part of the development to which this consent relates.

More information

Information about the special infrastructure contribution can be found on the Department of Planning’s website: http://www.planning.nsw.gov.au/PlanningSystem/DevelopmentContributionsSystem/tabid/75/guage/en-US/Default.aspx

10.3 Natural Resources Access Regulator

10.3.1 Vegetation clearance associated with the proposed controlled activity must be limited to where the controlled activity is to be carried out, as shown on the approved plan(s).

10.4 Service Authority Approvals

10.4.1 The following documentary evidence shall be obtained and forwarded to the Principal Certifying Authority prior to the release of the Subdivision Certificate:

a) A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Please refer to the "Building Plumbing and Developing" Section of the website www.sydneywater.com.au, then follow the "Developing Your Land" link or telephone 13 20 92 for assistance. Following application a "Notice of Requirements" will advise of water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the release of the plan of subdivision.

b) A “Notification of Arrangement" Certificate from an Energy Provider, stating that electrical services, including the provision of street lighting, have been made available to the development.

c) A written clearance from Telstra or any other recognised communication carrier, stating that services have been made available to the development or that arrangements have been made for the provision of services to the development.

11 Prior to Subdivision Certificate (building) 11.1 General

11.1.1 A report from a geotechnical engineer is to be submitted to Council certifying the site classification for the reactivity of the lots in the subdivision after identification of the soil characteristics in accordance with the provisions of AS 2870, “Residential Slabs and Footings”.

11.2 Salinity

11.2.1 Prior to the issue of the Subdivision Certificate, certification from a suitably qualified consultant is to be provided to Council confirming the relevant salinity management measures were implemented during the subdivision works.

11.2.2 Prior to the issue of the Subdivision Certificate, a post earthworks salinity investigation report is to be prepared in accordance with the Department of Land and Water Conservation’s (DLWC) publication ‘Site Investigations for Urban Salinity’ and WSROC Western Sydney Salinity Code of Practice.

http://www.planning.nsw.gov.au/PlanningSystem/DevelopmentContributionsSystem/tabid/75/guage/en-US/Default.aspx

http://www.planning.nsw.gov.au/PlanningSystem/DevelopmentContributionsSystem/tabid/75/guage/en-US/Default.aspx


The report must nominate measures to mitigate the impact of salinity and soil aggressivity on the site.

In particular, the report is to provide lot specific construction measures for earthworks and building construction to form the basis of Section 88B restrictions as to user for any lots affected by saline or aggressive soils.

11.3 Final Inspection

11.3.1 A final inspection is required to ascertain compliance with the condition of approval prior to the release of the road damage deposit.

11.4 Hazardous Materials and Waste

11.4.1 A clearance certificate/statement prepared in accordance with the National Code of Practice for the Safe Removal of Asbestos shall be issued by the competent demolition contractor who holds an appropriate Demolition Licence issued by the NSW WorkCover Authority under the provisions of the Work Health and Safety Act 2011 (and any relevant Regulation there under). The certificate/statement must state that the pre-existing building/s was/were demolished in accordance with the conditions and terms of that licence, Australian Standard 2601-2001 – The Demolition of Structures and that any asbestos removal has been carried out in accordance with NOHSC-2002 – Code of Practice for Safe Removal of Asbestos. A copy of the clearance certificate/statement shall be lodged with Council.

11.4.2 Submit the receipt from the trade waste depot for disposal of the asbestos from the removal/demolition of the existing dwelling.

12 Prior to Subdivision Certificate (engineering) 12.1 Site Access

12.1.1 All lots shall have access from a dedicated public road. In this regard, all proposed roads shall be dedicated as public road free of cost to Council.

NOTE: Any future substation or other utility installation required to service the approved subdivision/development shall not under any circumstances be sited on a future public road. Any proposal to locate a proposed substation or other utility installation on a future public road shall be negotiated with and fully endorsed by the relevant Council Directorates.

12.2 Road Damage

12.2.1 The cost of repairing any damage caused to Council's assets in the vicinity of the subject site as a result of the development works be met in full by the applicant/developer.

12.3 Security

12.3.1 An acceptable security (bond) guaranteeing the future completion of the road sealing works shall be lodged with Council. The bond amount is to be calculated at the asphaltic contribution rate current at the time and is to be accompanied by Council’s standard Deed of Agreements for Bonds.

12.4 Asset Management

12.4.1 A fee is to be paid to Council for the ongoing maintenance of the black powder coated light poles, street name poles and bus shelters proposed in this subdivision. This amount is based on Councils Goods and Services Schedule (Current) and is to be paid


prior to the release of the Subdivision Certificate. Any enquiries regarding this fee are to be directed to the Maintenance Section of the City Assets Directorate.

12.4.2 The manufacturer of the light poles/street name poles/bus shelters is to provide written certification that all structures have been black powder coated to the satisfaction of Council's Development Services Engineers prior to installation.

12.5 Consent Compliance

12.5.1 A Subdivision Certificate shall not be issued until all conditions of this consent have been satisfied.

12.6 Additional Inspections

12.6.1 Any additional Council inspection services provided beyond the scope of any Compliance Certificate or inspection package and required to verify full compliance with the terms of this consent, will be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule and shall be paid to Council.

12.7 Fee Payment 12.7.1 Any fee payable to Council as part of any Construction, Compliance or Subdivision

Certificate or inspection associated with the development (including the registration of privately issued certificates) shall be paid in full.

12.8 Engineering Matters

12.8.1 Surveys/Certificates/Works As Executed plans 12.8.1.1 A Work-as-Executed (WAE) plan signed by a Registered Engineer (NER) or a

Registered Surveyor must be submitted to Council when the engineering works are completed, in a colour softcopy format (.PDF). All engineering Work-as-Executed plans MUST be prepared on a copy of the original, stamped Construction Certificate plans for engineering works (including works under the Roads Act 1993 and the Local Government Act 1993 covered by this Development Application).

12.8.1.2 The Work-as-Executed (WAE) must confirm that the On Site Detention system identification plate has been installed in accordance with Council’s WSUD Standard Drawings A(BS)175M Sheet 20.

12.8.1.3 A certificate from a Registered Engineer (NER) must be obtained and submitted to Council verifying that the On-Site Detention System as constructed will perform to meet the on-site stormwater detention requirements in accordance with the approved design plans.

12.8.1.4 A certificate from a Registered Engineer (NER) must be lodged with Council verifying that the structures associated with the On-Site Detention System(s) have been constructed to withstand all loads likely to be imposed on them during their lifetime.

12.8.1.5 A Certificate shall be submitted by a Registered Surveyor indicating that all pipelines and associated structures lie wholly within any easements required by this consent.

12.8.1.6 A certificate from a Registered Engineer (NER) must be obtained and submitted to Council verifying that the constructed Stormwater Quality Control system will function effectively in accordance with Blacktown Council’s DCP Part J – Water Sensitive Urban Design and Integrated Water Cycle Management.

12.8.1.7 Applicant to submit the following in accordance with Council's Works Specification - Civil (Current Version):

a) Compaction certificates for fill within road reserves.

b) Compaction certificates for road sub-grade.

c) Compaction certificates for road pavement materials (sub-base and base courses).


d) Contour lot fill diagrams and lot fill compaction certificates. A restriction as to User with Council's standard wording must be placed on filled lots.

e) Applicant to submit material compliance documentation in accordance with Councils Civil Works Specification 8.1.4

• Compliance Certificate and Test Results

• Delivery Dockets

• Summary of Material deliveries as per template available on Council’s website.

12.8.1.8 The applicant is to submit the certified approved line marking and traffic signage plan as required by this consent. This will require evidence to demonstrate that approvals have been obtained from the Local Traffic Committee and adoption by Council Ordinary Meeting. A final inspection report is to be included noting that all line marking and traffic signage works are complete.

12.8.1.9 The submission to Council of Compliance Certificate(s) and construction inspection reports required by this consent for engineering works. A final inspection report is to be included noting that all works are complete.

When Council has been nominated or defaulted as the nominee for engineering compliance. Final inspections can be arranged through Council’s Coordinator of Engineering Approvals contactable on (02) 9839 6263. A final inspection checklist must be completed by the applicant prior to the final inspection.

12.8.1.10A survey report prepared and signed by a Registered Surveyor providing confirmation of the depth of all constructed road pavements in the form of finished surveyed levels for each road pavement layer, noting tolerances for any variations in constructed pavement depth.

12.8.1.11Structural certification ‘as built’ by a qualified Engineer (NER) for all structural items approved by the scope of this consent. This relates to the following components:

a) Retaining walls over 0.6 m in height

b) Rigid pavements

c) Non-standard stormwater pits

d) Culverts and/or bridges

12.8.1.12A certificate or letter signed by an appropriately qualified professional, indicating that all pre-cast pits/culverts have been specifically designed and manufactured for the project in accordance with the approved civil plans (specific reference required) and the necessary Australian Standards.

12.8.1.13 A Certificate shall be submitted by a suitably qualified geotechnical engineer verifying that any fill material imported to site is virgin excavated natural material (VENM) or (ENM).

12.8.1.14A Chartered Civil Engineer registered with NER, is to certify that:

i. all the requirements of the approved drainage plan have been undertaken;

ii. the bio-retention system has been installed with sufficient area to provide a minimum total filter media area of 170 m2 for the bio-retention basin clear of pits and scour protection.

iii. The bio-retention basin is enclosed with a minimum 1mm HDPE or equivalent liner;

iv. There is no geotextile between the drainage and transition layers of the bio-retention basin;

v. The final (Stage 3) bio-retention systems having a minimum of 400 mm filter media, a 400 mm transition layer and a minimum 200 mm gravel layer with liners;


vi. A minimum detention storage of 490 m3 has been provided below the high Flow Discharge Weir.

vii. a 225 mm diameter pipe has been provided as the low flow basin outlet pipe;

viii. all the signage and warning notices have been installed;

ix. a copy of the certification and the works-as-executed drainage plan has been provided to the certifier, who shall provide it to Council.

12.9 Easements/Restrictions/Positive Covenants 12.9.1 Any easement or restriction created as a result of this consent must be in accordance

with the following:

a) Blacktown City Council's standard recitals for Terms of Easements and Restrictions (Current Version).

b) The standard format for easements and restrictions as accepted by NSW Land Registry Services (LRS).

12.9.2 Restrictions and positive covenants must be endorsed by Council and lodged with NSW Land Registry Services (LRS) over the on-site detention storage areas and outlet works. Documentary evidence of this LRS lodgement shall be submitted to Council.

12.9.3 Restrictions and positive covenants must be endorsed by Council and lodged with NSW Land Registry Services (LRS) over the Stormwater Quality Control devices/system and outlet works. Documentary evidence of this lodgement shall be submitted to Council.

12.9.4 The creation of easement(s) related to inter-allotment drainage with a minimum width in accordance with Council’s Engineering Guide for Development (current issue).

12.9.5 A restriction as to User with Council's standard wording must be placed on all filled lots.

12.9.6 All relevant Section 88B restrictions and covenants created, as part of this consent shall contain a provision that they cannot be extinguished or altered except with the consent of Blacktown City Council.

12.10 Dedications 12.10.1 Dedication at no cost to Council of 5 m x 5 m splay corners on allotments at each street

intersection.

12.11 Bonds/Securities/Payments in Lieu of Works

12.11.1 The payment to Blacktown City Council of a monetary contribution in lieu of works for the placement of the final layer of asphaltic concrete (a.c.) on the new road works. The amount will be calculated at Council's approved rate upon request and following issue of a Construction Certificate for the work.

12.11.2 A maintenance security of 5% of the value of the required engineering works must be lodged with Council prior to the practical completion of the works. Council will hold this security for a period of at least twelve months.

(a) In the case of subdivision - This period commences at the release of the final plan of subdivision. (Issue of Subdivision Certificate)

(b) In the case where no subdivision occurs - This period commences at the date of practical completion of the development.

This maintenance period may be extended in the following situations to allow for the completion of i) necessary maintenance and or ii) all outstanding minor works.

12.11.3 Concrete path paving must not be placed until about 75% of the lots have been built upon or until approved in writing by Council. The applicant has the option of lodging a security deposit for the works, or paying a monetary payment in lieu of works based


upon Council’s Goods and Services Pricing Schedule. The Security will be released upon satisfactory completion of the works.

12.11.4 Where Council has granted approval of providing security in lieu of outstanding works. A security, in the form of a bank guarantee or a cash deposit, shall be lodged with Council to cover outstanding works required by this consent. The security amount will be calculated at Council's approved rate upon request.

12.11.5 Pay to Council a Bio-retention Construction Bond equal to 150% of the Bio-retention Construction Estimate.

12.12 Inspections 12.12.1 Any additional Council inspections beyond the scope of any Compliance Certificate

package and needed to verify full compliance with the terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

12.13 Inspection of Work

12.13.1 All road stormwater drainage structures (pipelines and pits) must be inspected via CCTV on completion of the provision of all public utility services in accordance with Council’s current Works Specification Civil. CCTV reports must be submitted to council in the form of video footage of the inspections, a SEWRAT (or equivalent) report and a certified CCTV statement in accordance with section 6.8 of Council’s Works Specification Civil indicating that any defects identified by this inspection have been rectified.

12.14 Street tree planting

12.14.1 The applicant is to undertake street tree planting and maintenance along the frontage of the development site to improve the amenity of the streetscape must be approved before a Subdivision Certificate is issued.

The number of trees should equal the number lots/dwellings with street frontage. However, corner lots require 1 tree for the primary frontage and 2 trees on the side frontage. In the case of Industrial, commercial developments and medium and high density residential developments trees are be planted at a minimum spacing of approximately 8 metres, taking into account vehicle sightlines and street light spill.

Additional trees may be requested following assessment of the subdivision configuration.

Trees must be of a minimum container size of 45 litres with root directors and 100 litres for industrial and commercial developments and 100 litres for medium and high density residential developments.

The applicant must obtain clearances from relevant service authorities.

The applicant will be required to pay a bond per tree as indicated in the current goods and services pricing schedule to ensure the health and vigour of the tree(s). The bond will be returned 12 months after the completion of the development (i.e. on issue of final occupation/subdivision certificate), to council if the trees are maturing satisfactorily. The applicant is responsible for notifying Council when the works are completed to request a practical completion inspection and end of street tree bond maintenance inspection.

The applicant will also be required to pay an inspection fee and a landscaping assessment fee as indicated in the current goods and services pricing schedule. A Blacktown City representative will inspect all street tree and public landscaping during the establishment period (i.e. between the practical date of completion and formal handover). Elements deemed to be not adequately performing are to be removed, substituted or repaired by the developer within 60 days of written notification.


Documents

2 Subdivision component - blacktown.nsw.gov.au · earthworks including importation of fill material, construction of roads and drainage works including a temporary detention basin