DEVELOPMENT CONTROL UNIT - MidCoast Council · Development Control Plan 2014: 1) 5.4 - General Building Design: (3) Garages and carports and open car parking spaces must be setback

NOTICE OF MEETING

Notice is hereby given that a meeting of the

DEVELOPMENT CONTROL UNIT

will be held at the Council Chambers, Breese Parade, Forster on

26 FEBRUARY 2015 AT 2.00PM

The order of the business will be as detailed below (subject to variation by Council)

1. Apologies

2. Declarations of Pecuniary & Non-Pecuniary Conflicts of Interest

3. Confirmation of the Minutes from previously held meetings:

DCU 19 February 2015

4. Consideration of Officers' Reports:

Director Planning & Environmental Services

5. Late Business

6. Close of Meeting * NB If a Councillor wants to call in any Application for determination by Full Council, they must notify

the General Manager’s Secretary of the Item by 12.00 noon on Tuesday 24 February 2015.

Glenn Handford GENERAL MANAGER

GREAT LAKES COUNCIL Council endorsed Great Lakes 2030 on 25 June 2013 incorporating a vision supported by four key directions identified by the community. This Plan is Council's primary forward planning document that aligns our community's vision with a clear strategic direction for the Great Lakes' long term future.

VISION

a unique and sustainably managed environment balanced with quality lifestyle opportunities created through appropriate development, infrastructure and services

KEY DIRECTIONS & OBJECTIVES

Key Direction 1

Our environment

Objectives

Protect and maintain the natural environment so it is healthy and diverse

Ensure that development is sensitive to our natural environment

Prepare for the impact of sea level rise and climate change

Sustainably manage our waste

Key Direction 2

Strong local economies

Objectives

Promote the Great Lakes as an area that is attractive for residents and visitors

Establish and maintain a supportive business environment that encourages job opportunities

Provide transport infrastructure that meets current and future needs

Key Direction 3

Vibrant and connected communities

Objectives

Provide the right places and spaces

Plan for sustainable growth and development

Increase and improve access to education for all ages

Encourage a positive and supportive place for young people to thrive

Develop and support healthy and safe communities

Build on the character of our local communities and promote the connection between them

Key Direction 4

Local leadership

Objectives

Deliver Council services which are effective and efficient

Strengthen community participation

Represent the community's interests through regional leadership

GREAT LAKES COUNCIL

CODE OF CONDUCT PRINCIPLES AND ETHICAL DECISION MAKING

Integrity – You must not place yourself under any financial or other obligation to any individual or organisation that might reasonably be thought to influence you in the performance of your duties.

Leadership – You have a duty to promote and support the key principles by leadership and example and to maintain and strengthen the public’s trust and confidence in the integrity of Council. This means promoting public duty to others in the council and outside, by your own ethical behaviour.

Selflessness – You have a duty to make decisions solely in the public interest. You must not act in order to gain financial or other benefits for yourself, your family, friends or business interests. This means making decisions because they benefit the public, not because they benefit the decision

maker.

Objectivity – You must make decisions solely on merit and in accordance with your statutory obligations when carrying out public business. This includes the making of appointments, awarding of contracts or recommending individuals for rewards or benefits. This means fairness to all; impartial assessment; merit selection in recruitment and in purchase and sale of Council’s resources; considering only relevant matters.

Accountability – You are accountable to the public for your decisions and actions and should consider issues on their merits, taking into account the views of others. This means

recording reasons for decisions; submitting to scrutiny; keeping proper records; establishing audit trails.

Openness – You have a duty to be as open as possible about your decisions and actions, giving reasons for decisions and restricting information only when the wider public interest clearly demands. This means recording, giving and revealing reasons for decisions; revealing other avenues

available to the client or business; when authorised, offering all information; communicating clearly. Honesty – You have a duty to act honestly. You must declare any private interests relating

to your public duties and take steps to resolve any conflicts arising in such a way that protects the public interest. This means obeying the law; following the letter and spirit of policies and

procedures; observing the code of conduct; fully disclosing actual or potential conflict of interests and exercising any conferred power strictly for the purpose for which the power was conferred.

Respect – You must treat others with respect at all times. This means not using derogatory terms

toward others, observing the rights of other people, treating people with courtesy and recognising the different roles others play in local government decision-making.

Ethical Decision Making Consider the following points when assessing a potential action or decision.

Is the decision or conduct legal?

Is it consistent with Council policy, Council’s objectives and Council’s Code of Conduct?

What will the outcome be for yourself, your colleagues, Council and other interested parties?

Does it raise a conflict of interest?

Do you stand to privately gain or lose at the public expense?

Can the decision be justified in terms of the public interest?

Would the decision withstand public scrutiny?

TABLE OF CONTENTS

CONSIDERATION OF OFFICERS’ REPORTS: ....................................................................................... 1

DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES ................................................................ 1

1 PES - New Dwelling - 43 Boundary Street, Forster ...................................................................................... 1

DEVELOPMENT CONTROL UNIT Meeting of the Great Lakes Council held 26 FEBRUARY 2015 Page 1

CONSIDERATION OF OFFICERS’ REPORTS:

DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES

1 PES - New Dwelling - 43 Boundary Street, Forster

Index: DA 231/2015 & PK 4493 Author: Senior Building Surveyor - Chad Vowles DCU Meeting: 26 February 2015

DETAILS:

Date Received: 12 December 2014

Applicant: Mrs Peta Stimson

Owner: Mr R and Mrs P Stimson

Land: Lot 81 DP 208027, 43 Boundary Street, Forster

Area: 575.4m2

Property Key: 4493

Zoning: R2 Low Density Residential, GLLEP 2014

SUMMARY OF REPORT:

The Development Application was lodged by an employee of Council for a new dwelling. Whilst there were no objections with regard to the proposed development, there were four (4) non-compliances with regard to Great Lakes Development Control Plan 2014 and as such, under Council's Policy for Applications lodged by Council Employees, the matter is required to be determined by Council.

SUMMARY OF RECOMMENDATION:

That Development Application No. 231/2015 for a new dwelling at Lot 81 DP 208027, 43 Boundary Street, Forster be approved subject to conditions of consent.

FINANCIAL/RESOURCE IMPLICATIONS:

A decision for approval subject to conditions or refusal may lead to an appeal to the Land and Environment Court with inherent cost implications.

POLICY IMPLICATIONS:

Nil.

LEGAL IMPLICATIONS:

A decision for approval subject to conditions or refusal may lead to an appeal to the Land and Environment Court with inherent cost implications.


LIST OF ANNEXURES:

A: Site Plan. B: Elevations.

LIST OF ATTACHMENTS:

Nil.


SUBJECT SITE AND LOCALITY:


BACKGROUND:

12 December 2014 Development Application lodged. 19 December 2014 Application neighbour notified and referred to internal departments for

comment. 5 January 2015 Submission received by Council relating to adjacent road reserve beside

subject allotment. Submission not related to development assessment of dwelling.

22 January 2015 Applicant submitted amended plans for driveway, retaining wall and

landscaping.

PROPOSAL:

The proposed development is for a part two storey dwelling which will consist of timber framed construction having an external wall configuration of "primeline" cladding and masonry with a sheet metal roof.

SITE DESCRIPTION:

The site is currently vacant with large scattered Eucalypts located throughout the site. The site has a cross fall of approximately 4 metres, falling from east to west.

REPORT:

The following matters listed under Section 79C of the Environmental Planning and Assessment Act, 1979, are relevant in considering this application: a) The provisions of any environmental planning instrument; any proposed instrument that is or has been the subject of public consultation and which have been notified to the consent authority; any DCP; any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F; any matters prescribed by the regulations; any coastal zone management plan that apply to the development application on the subject land. Great Lakes Local Environmental Plan 2014 (GLLEP 2014)

Under GLLEP 2014 the development site is zoned R2 Low Density Residential. Mapping indicates that there is a 0.5:1 Floor Space Ratio (FSR) requirement and a maximum height of dwellings of 8.5m. The objectives of the R2 zone are:

To provide for the housing needs of the community within a low density residential environment.

To enable other land uses that provide facilities or services to meet the day to day needs of residents.

Single dwellings are permitted with the consent of Council. In this instance the development complies with the objectives, height and FSR requirements of GLLEP 2014. State Environmental Planning Policy No 71

SEPP 71 applies to all land within the Coastal Zone as defined by the Coastal Protection Act. As this land is situated within one kilometre of the coast, the SEPP applies to the subject site to the extent of requiring Council to consider the matters listed within Clause 8 of the Policy.


Matters listed for consideration under clause 8 of the SEPP have been examined and the following matters thought to be relevant in the instance of this development:

Clause 2 (e) to ensure that the visual amenity of the coast is protected. (k) to ensure that the type, bulk, scale and size of development is appropriate for the

location and protects and improves the natural scenic quality of the surrounding area. Clause 8 (d) The suitability of development given its type, location and design and its relationship

with the surrounding area. Firstly, with regard to the visual amenity of the coast, it is considered that the development will not create a negative impact when viewed from the surrounding coastal location. In relation to the height, bulk and scale of the development, it is considered that the proposal is consistent with other developments in the locality and as such will not detract from the natural scenic quality of the surrounding area. Great Lakes Development Control Plan 2014

The proposed development has the following non-compliances with regard to Great Lakes Development Control Plan 2014: 1) 5.4 - General Building Design: (3) Garages and carports and open car parking spaces must

be setback at least 6m from the front property boundary. Comment: The dwelling has been designed to best fit the slope of the block, and the Applicant has stepped the building design down the slope, and located the garage underneath the dwelling. The garage door will not directly face the northern (front) boundary, and will not adversely impact the existing streetscape. It is considered that a variation to the 500mm garage setback behind the building line be supported. 2) 5.5.2.5 - Rear Setback: The minimum side and rear setbacks vary with building height, so a

lower building can be closer to the side boundary than a taller one. On sloping sites the side and rear setbacks are calculated for the maximum wall height at the side of the building. The minimum side and rear setback increases on a sliding scale once the building wall height is greater than 3.8m. It is calculated as the minimum setback for a building up to 3.8m plus one quarter of the additional height of the dwelling over 3.8m. See formula below.

Comment: The majority of the proposed dwelling complies with the rear boundary setback formula by achieving a 1.5m boundary setback, however, a small portion of the southern elevation of the dwelling (2.8m wide) does not meet the minimum requirements. The proposed setback for the 2.8m section of non-compliant wall is 0.92m, requiring a minor variation to the setback requirement of 1.03m calculated for this point using the prescribed formula. This small non-compliance is a result of the building complying with another Council DCP general building design requirement to provide articulation to walls exceeding 12 in length. In this instance, Council's preference to would be that the dwelling comply with the 12m articulation requirement to provide relieve to the adjoining neighbouring property from a potential 18m long wall.


The rear wall is not visible from either street frontage on the corner allotment, ensuring that the development variation will not pose a negative impact, and the variation is supported. Given that the variations to the DCP are minor in nature, with no unreasonable impacts being imposed on the neighbours or streetscape, it is felt that the development should be supported subject to conditions of consent. 3) 5.8 - Private Outdoor Areas: (3) Private outdoor living areas are not to be located within the

front building line setback to either the primary or secondary street frontages. Comment: The dwelling has been designed to provide passive solar design, resulting in unusable open space on the northern and eastern sides of the dwelling. The variation will not impact on the existing streetscape as both Well Street and Boundary Street end at cul-de-sac points at the subject allotment. The minor variation will provide the dwelling with private open space without affecting surrounding local amenity. 4) 5.9 - Fencing: (1) Fences within the front setback area from a primary road are to be a

maximum 1.2m high and a minimum 50% open construction for the upper two thirds of the fence. (6) Fences on corner lots with two road frontages should be constructed with an open form (e.g. pool type fencing) within 3m of a corner to assist with sight distance requirements for drivers.

Comment: The proposed development includes the construction of a 1.8m high timber fence adjacent to Well Street (northern boundary) and Boundary Street (eastern boundary). DCP 2014 requires a maximum fence height of 1.2m along the primary street frontage, which in this instance is Well Street. The Applicant has provided the following justifications for the variation:

Well Street is unformed in front of the subject property, currently terminating in a cul-de-sac at the proposed driveway access prior to the fence location.

A similar 1.8m high timber fence exists on the opposite side of Well Street servicing a dwelling with a similar layout.

The proposed dwelling has been designed and orientated to take advantage of the passive solar, and as a result the private open space for the dwelling is on the eastern and northern sides of the dwelling.

The 1.8m high timber fence will aid to provide privacy and minimise over-looking from people walking through the unformed Well Street road reserve.

The application was referred to Council's Transport Asset Branch (Engineering), and the following comments were received:

"Both roads have a bitumen road carriageway that end in cul de sac heads near to/adjacent to the site. These roads are currently not proposed to be to be extended. The applicant has elected to access to the proposed development from Well Street. The cul de sac head (Well Street) ends adjacent to the front of the adjacent property, as a result the driveway to service the development will not be constructed at 900 to the property boundary. The applicant has also proposed to construct a 1.8m high fence along the Well Street frontage. There is no objection from Transport and Assets for the driveway and the proposed 1.8 m high fence."


The fence proposed to Boundary Street will also be a 1.8m timber fence, and in this instance the Applicant has proposed to step the south facing portion of the boundary fence in 900mm from the property boundary. Landscaping will also be provided in front of the timber fence to improve the streetscape to Boundary Street, and reduce any potential impact on the existing dwelling located at the adjacent 45 Boundary Street property. The variation to the boundary fencing requirements adjacent to Well Street will provide the dwelling occupants with privacy and a useable open space without compromising the existing streetscape and local amenity. The fence will not adversely impact on traffic sight lines as both Well/Boundary Streets are unformed in this location. This variation to Councils DCP in relation to front fencing is supported in this instance. Council Policy - Applications Lodged by Employees of Council

The objectives of this Policy are to preserve the integrity of the application processes where a Council employee (or their partner/s) is the applicant and to highlight obligations under Council's Code of Conduct. The requirements of the Policy are that where there are no objections, but the proposal does not conform to Council's policies in all respects; it is to be submitted to Council for determination. Following discussions with the Director of Corporate and Community Services, it was confirmed that as the Development Control Unit Committee were given delegation by Council to determine applications, it was considered sufficient for a matter relating to minor variations to the DCP to be determined by the DCU. As the report has given favourable consideration to the minor variations with regard to the DCP, and as the objectives of the Policy have been met, it is considered that the matter should be supported subject to conditions of consent. b) The likely impacts of development including environmental impacts on both natural and

built environments and social/economic impacts in the locality Access, Transport and Traffic

The application was referred to Council's Transport Assets Section who have advised that they have no issue with approval of the application, subject to conditions of consent being imposed. If consent is granted by Council, vehicle and pedestrian access for the property will be via Well Street (not Boundary Street). Drainage

With regard to drainage a raingarden proposal, in compliance with Part 11 of Great Lakes DCP 2014, was submitted for consideration. Approval of a water sensitive design has been given by Council's Natural Systems Branch, subject to conditions being imposed. Flora and Fauna

The application was referred to Council's Natural Systems Section who have given favourable consideration of the proposed development subject to conditions of approval. Climate Change

The subject site is not affected as a result of Climate Change impacts. Cumulative Impacts

It is considered that approval of the development will not result in undesirable precedents for the residential area.


c) The Suitability of the Site for the Development

The subject site is deemed suitable for the proposal. d) Any Submissions Made in Accordance with the Act or Regulations

The application was notified to adjoining owners in accordance with Council’s Policy and one(1) submission relating to unauthorised traffic on Council's road reserve and unformed roads was received. The submission did not directly relate to the development application before Council. The author of the submission was contacted by council, and details have been passed on to the relevant officer to investigate the matter. The proposal was referred to MidCoast Water with a condition to be imposed in the consent as requested by MidCoast Water. e) The Public Interest

It is not considered that there will be any issues which would create any negative issues with regard to public interest.

CONCLUSION:

It is considered that whilst there are some minor variations to the DCP, with regard to the proposed development, they do not pose a negative impact on the streetscape or adjoining sites and as such should be supported. In relation to the Applications lodged by Employees Policy, it is considered that the objectives of this Policy have been met and therefore the development application should be approved.

RECOMMENDATION:

That Development Application No. 231/2015, for a new dwelling located at 43 Boundary Street is approved subject to conditions of consent.

GENERAL CONDITIONS

1. Development in accordance with approved plans

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

Plan type/Supporting Document

Plan No. & version

Prepared by Dated

Site plan Drawing 01A Peter Niksic Design and Drafting

Stamped "amended 22/1/2015"

Ground floor plan Drawing 02A Peter Niksic Design and Drafting

23/11/2014

Garage floor plan Drawing 03A Peter Niksic Design and Drafting

23/11/2014

External elevations

Drawings 04A & 05A

Peter Niksic Design and Drafting

23/11/2014

Section Drawing 06A Peter Niksic Design and Drafting

23/11/2014


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

Reason: Information and to ensure compliance.

2. Compliance with Building Code of Australia

All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

Reason: Prescribed condition under the Environmental Planning & Assessment Regulation

2000. 3. Insurance requirements under Home Building Act 1989

In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply: a) to the extent to which an exemption is in force under clause 187 or 188, subject to the

terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or b) to the erection of a temporary building.

Reason: Prescribed condition under the Environmental Planning & Assessment Regulation

2000. 4. Adjustment to utility services

All adjustments to existing utility services made necessary by the development are to be undertaken at no cost to Council. Reason: To ensure utility services are remain in service.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE The following conditions must be complied with prior to the issue of any Construction Certificate 5. Final Landscape Plan

A Landscape Plan and Schedule, prepared by a horticulturalist or landscape architect, shall be submitted to Great Lakes Council for review and approval prior to the issue of a Construction Certificate. The plan shall clearly show:

a) The location of the approved dwelling and associated features such as driveways, paths, lawn areas, rain-gardens and utilities.

b) The use of predominantly native flora species that grow in coastal locations and littoral rainforests in the Forster locality.

c) Details of plant species to be used in landscaping including quantities, densities and height and spread at maturity.

d) Details of planting locations. e) Details of planting procedure and maintenance.


f) The planting of at least six (6) small native trees in undeveloped portions of the Lot (Cheese Trees, Tuckeroos, etc). At least four trees shall be established along the northern boundary of the Lot.

g) The retention of all trees on public land adjoining the Lot. Reason: To provide landscaping to the subject land for local amenity and to partially

compensate for the removal of trees from the land. 6. Driveway levels application

Prior to the issue of a construction certificate, a Driveway Levels Application must be submitted to Council for approval. A Driveway Levels Application Form must be completed and submitted to Council together with the application fee and all required plans and specifications. Driveways must be constructed by a qualified/licensed contractor at no cost to Council in accordance with the driveway levels and construction standards issued by Council and the following requirements: a) Located a minimum of 1m from the side boundary Reason: To ensure works within Council’s road reserve are constructed to a suitable

standard for public safety. 7. Driveway details to be submitted

Plans and specifications detailing vehicular access from the site boundary to the proposed garage must be submitted to and approved by the certifying authority. Vehicular access must have an impervious finish and be in accordance with AS/NZS 2890.1-2004: Parking facilities, Part 1: Off-street car parking.1. Plans must include the following items: a) pavement description; b) site conditions affecting the access; c) existing and design levels. The driveway is to be designed so that stormwater will drain to

Well Street; d) drainage (kerbs, open drains, pipes, etc.), e) Details from a structural engineer for:-

i) the proposed 900 mmm high treated timber retaining wall along the western edge the driveway (adjacent to the site's western boundary).

ii) a barrier to prevent vehicles from running over the edge of the raised driveway. and complying with the following requirements:

Designed structurally for the loading requirements of AS/NZS 1170.1.

Be at least 1.3m high so that drivers of cars backing into the space can see the barrier above the rear of the car.

Notes:

The upper portion of the barrier may be a light structure provided for sighting purposes only).

Not be made from brickwork, unreinforced concrete or other materials likely to shatter on impact.

A raised reinforced kerb integrated with the driveway slab and bollards could be substituted in lieu of the barrier. (The raised kerb would also direct stormwater runoff from the driveway to Well Street).

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


8. Stormwater details

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

proper manner that protects adjoining properties. 9. Bond required to guarantee against damage to public land

Prior to the issue of a construction certificate, a Damage Bond Application form together with payment of a bond in the amount of $2000 and an administration fee of $310.50 must be submitted to Council. The bond is payable for the purpose of funding repairs to any damage that may result to Council assets from activities/works associated with the construction of the development and to ensure compliance with Council standards and specifications. A final inspection will be carried out by the responsible Council officer and the bond (minus any fees required for additional inspections) will be considered for refund: a) once all works, including landscaping, driveway construction, turfing, etc, have been

completed, and b) following issue of an occupation certificate by the certifying authority. The damage bond is reviewed periodically and therefore the fee and bond amount payable will be determined from Council’s current fees and charges document at the time of lodgement of the damage bond. Reason: Protection of public assets.

10. Structural details

Prior to the issue of a construction certificate, structural drawings prepared by a suitably qualified and experienced structural engineer must be submitted to and approved by the certifying authority. The plans must include details for: a) All reinforced concrete floor slabs and/or beams or raft slab (having due regard to the

possible differential settlement of the cut and fill areas. b) Footings of the proposed structure. c) Structural steel beams/columns. Reason: To ensure structural stability and safety.

11. Plans of retaining walls and drainage

Prior to the issue of a construction certificate plans and specifications of retaining walls or other approved methods of preventing the movement of soil, where excavation or fill exceeds 600mm above or below the existing ground level, must be submitted to and approved by the certifying authority, Adequate provision must be made for drainage in the design of the structures. Reason: To ensure site stability and safety.


PRIOR TO THE COMMENCEMENT OF ANY WORK ASSOCIATED WITH THIS CONSENT The following conditions must be satisfied prior to the commencement of any building construction or subdivision work. 12. Construction certificate required

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

1979. 13. Notification of commencement and appointment of principal certifying authority

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

1979. 14. Site access

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

15. Pollution prevention sign

Council’s “PREVENT POLLUTION" sign must be erected and maintained in a prominent position at the frontage of the property so that it is clearly visible to the public for the duration of construction work. Council’s PREVENT POLLUTION sign can be purchased at Council’s Customer Enquiry Counter at the Forster, Tea Gardens and Stroud administration buildings. Reason: To increase industry and community awareness of developer's obligations to

prevent pollution and to assist in ensuring compliance with the statutory provisions of the Protection of the Environment Operations Act 1997.

16. Toilet facilities - sewered areas

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


17. Site construction sign

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

the work, and b) showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person may be contacted outside working hours, and c) stating that unauthorised entry to the work site is prohibited. The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. Reason: Prescribed condition under the Environmental Planning and Assessment

Regulation 2000. 18. Installation of erosion & sediment control measures

Prior to the commencement of work, erosion and sediment controls must be in place in accordance with Great Lakes Council Erosion and Sediment Control Policy and “The Blue Book – Managing Urban Stormwater (MUS): Soils and Construction” (Landcom). In particular, the following erosion and sediment control measures must be installed: a) Silt fence or sediment barrier. b) Temporary driveway from the edge of road to the building site. c) Temporary downpipes immediately upon installation of the roof covering. Note: Council may impose on-the-spot fines for non-compliance with this condition. Reason: To protect the environment from the effects of erosion and sedimentation.

CONDITIONS TO BE SATISFIED DURING DEVELOPMENT WORK The following conditions must be complied with during any development work. 19. Construction times

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

20. Builders materials to be contained on site

All builders rubbish is to be contained on the site in a suitable waste bin/enclosure. Building materials must be delivered directly onto the property. Footpaths, road reserves and public reserves must be maintained clear of rubbish, building materials and other items at all times.


Reason: To ensure that materials and waste do not adversely affect traffic or pedestrian safety and amenity.

21. Maintenance of sediment and erosion control measures

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

22. Survey of building location

A survey certificate prepared by a registered surveyor must be submitted to the certifying authority at the following stages of the development: a) At completion, indicating the relation of the building and any projections to the boundaries

and that the building has been erected to the levels approved in the development consent.

Reason: To ensure compliance with the approved plans.

23. Tree removal

Tree removal shall be entirely confined to those trees that occur on the Lot. All other trees in the vicinity of the Lot shall be protected from harm during the approved construction and subsequently managed in accordance with the relevant statutory controls, including Council’s Tree Preservation Order.

Reason: To minimise the removal of trees for the approved development.

24. Procedure for the removal of trees

During the physical removal of the approved trees to be removed, the following shall be adopted at all times:

Tree removal shall be conducted by licensed and qualified arborists or tree removal contractors.

Removal of approved trees shall be conducted using dismantling and lowering only (or other appropriately sensitive techniques) and in a manner that protects trees that are to be retained on and adjacent to the land.

Removal of approved trees shall be conducted in a manner that avoids the movement of machinery in the root zones of trees that are to be retained.

Any damage to trees that are to be retained during the construction of the dwelling shall be reported immediately to Council’s Tree Management Officer. Remediation or repair actions identified by this officer shall be conducted on the land to assist minimise the harm associated with any such damage.

Trees and vegetation removed from the subject land shall be commercially re-used (logs or mulch), used in site landscaping (as mulch or edging or cover for terrestrial fauna) or retained and utilised by the occupier of the lot for the purpose of fuel for internal wood combustion heaters or stoves. Windrowing and pile-burning shall be avoided, except with the consent of the NSW Rural Fire Service. Reason: To protect significant trees and minimise the impacts of the development on native

vegetation.


25. Management of Trees to be retained

No trees outside the area of the subject land shall be harmed or removed and shall be retained in their present state. Pruning is permitted in accordance with the relevant tree protection policy and the relevant authority of the Council. The construction of the approved dwelling (and associated works) shall be conducted in a manner that avoids impact, harm or removal of trees that (as required in these conditions) are to be retained. Stockpiles, machinery and equipment shall not be used or placed in the root zones of any trees that are to be retained. Landform modification (cut/ fill) shall not occur in the primary root zones of trees that are to be retained, including the Red Mahogany tree in the Boundary Street road reserve and the trees in the unformed section of Wells Street.

Those trees that are identified to be retained as specified in these conditions shall be protected from direct and indirect harm associated with any aspect of the approved construction. Retained trees shall be managed in accordance with the relevant instruments and legislation.

Reason: To protect trees that are to be retained.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE The following conditions must be satisfied prior to any occupation or use of the building 26. Works to be completed

The building/structure or part thereof must not be occupied or used until an interim occupation/final occupation certificate has been issued in respect of the building or part. Reason: To ensure compliance with the development consent and statutory requirements.

27. Sealed driveway in accordance with approved Driveways Level Application

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

28. Internal driveway in accordance with the approved plans

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

29. Bio-retention system

Prior to the issue of a final occupation certificate, the bio-retention stormwater drainage system must be installed in accordance with the approved stormwater drainage plans Reason: To ensure adequate provision is made for stormwater drainage and ensure the

quality of the stormwater from the site meets Council's standards.


30. MidCoast Water approval

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

31. BASIX Compliance

Prior to the issue of a final occupation certificate, all of the required commitments listed in the BASIX certificate must be fulfilled. Reason: Prescribed condition under the Environmental Planning and Assessment

Regulation 2000. 32. Survey certificate of complete building

Prior to the issue of a final occupation certificate, survey certificates from a registered surveyor must be submitted to the principal certifying authority upon completion of the building. Reason: To determine the height of buildings under construction and ensure compliance

with the approved plans.

33. House numbering and address

Prior to the issue of a final occupation certificate, the street number must be displayed at the main driveway entrance approved for the property. The street number and address for this property is 30 Well Street Forster. Reason: To ensure proper identification of buildings.

34. Implementation of the Final Landscape Plan

The Registered Proprietor of the land, or their agents, shall fully implement all of the required actions outlined in the approved final landscape plan as per the instructions set-out in that plan. The final occupation certificate shall not be issued until such time as the required landscaping set-out in the final landscaping plan has been appropriately established.

Reason: To appropriately conduct landscaping on the subject land.

35. Removal of Asparagus Fern

The registered proprietor of the land, or their agents, shall fully suppress and control the occurrences of Asparagus Fern on the subject land. Weed control techniques shall be best management practice and coordinated in a manner that protects native vegetation on the subject land. The OC shall not be issued until such time as it can be demonstrated that the land is clear of Asparagus Fern.

Reason: To reduce the incidence of priority invasive environmental weeds on the land.


ONGOING USE 36. Implementation of the Final Landscape Plan

The Registered Proprietor of the land, or their agents, shall fully implement all of the required actions outlined in the approved final landscape plan as per the instructions set-out in that plan. The final occupation certificate shall not be issued until such time as the required landscaping set-out in the final landscaping plan has been appropriately established.

Reason: To appropriately conduct landscaping on the subject land.

Lisa Schiff Director Planning and Environmental Services


ANNEXURES:

A: Site Plan


B: Elevations

Documents

DEVELOPMENT CONTROL UNIT - MidCoast Council · Development Control Plan 2014: 1) 5.4 - General Building Design: (3) Garages and carports and open car parking spaces must be setback