MINUTES OF THE ORDINARY COUNCIL MEETING€¦ · The following document is the Minutes of the Council meeting held on 8 December 2015. These Minutes are subject to confirmation as

The following document is the Minutes of the Council meeting held on

8 December 2015.

These Minutes are subject to confirmation as to their accuracy at the next

meeting to be held on 23 February 2016 and therefore subject to change.

Please refer to the Minutes of the meeting of 23 February 2016 for confirmation.

MINUTES OF THE ORDINARY COUNCIL MEETING

HELD AT COUNCIL CHAMBERS, BREESE PARADE, FORSTER

ON TUESDAY, 8 DECEMBER 2015

Glenn Handford GENERAL MANAGER

TABLE OF CONTENTS

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

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

ACKNOWLEDGEMENT OF COUNTRY ................................................................................................... 1

PRAYER ..................................................................................................................................................... 1

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

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

GENERAL BUSINESS .............................................................................................................................. 1

DECLARATIONS OF PECUNIARY & NON-PECUNIARY CONFLICTS OF INTEREST ........................ 2

NOTICES OF MOTION .............................................................................................................................. 2

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

MAYOR ...................................................................................................................................................... 2

GENERAL MANAGER .............................................................................................................................. 2

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

1 PES - Aboriginal Land Claim 6991 - Lot 1 Sanderling Ave, Hawks Nest ...................................................... 2 7 PES - Modification of DA 402-2014 - Visitor Accommodation, Bundabah .................................................... 3 8 PES - Minutes for Port Stephens Estuary Management Committee ............................................................ 4 9 PES - Penalty Infringement Notices issued November 2015........................................................................ 4 10 PES - Consents Issued Under Delegated Authority - November 2015 ......................................................... 4

DIRECTOR ENGINEERING SERVICES ................................................................................................... 4

11 ES - Footpath and Cycleway Priority Programme December 2015 .............................................................. 4 12 ES - Road Closure Aquatic Road Darawank ................................................................................................ 5 13 ES - Manning Great Lakes LEMC Minutes held 10 November 2015 ............................................................ 5 14 ES - Minutes of TAC Meeting held 25 November 2015 ................................................................................ 5

DIRECTOR CORPORATE & COMMUNITY DEVELOPMENT ................................................................. 6

15 CCD - Special Rate Variation Application to IPART ..................................................................................... 6

MEET THE PUBLIC SESSION .................................................................................................................. 6

PUBLIC ADDRESSES ............................................................................................................................... 6

DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES ................................................................ 7

2 PES - DA 67-1996 - Modification of Consent 'The Grange' Tea Gardens .................................................... 7 3 PES - DA 423/2012 - Residential Development - Nabiac Street, Nabiac ................................................... 10 4 PES - DA 227/2014 Modification of Consent - Palm Street, Tuncurry ........................................................ 29 5 PES - DA 101/2015 - Egg Production Shed - 3 Warraba Road, The Branch ............................................. 32 6 PES - DA46/2016 Proposed Extensive Agriculture - Dairy (Pasture-Based) .............................................. 43

DIRECTOR CORPORATE & COMMUNITY DEVELOPMENT ............................................................... 53

17 CCD - Comparative Costs of Telephone Services ..................................................................................... 53 16 CCD - Great Lakes Tourism & Marketing Half Yearly Update to Council ................................................... 53 18 CCD - Funding Application Update ............................................................................................................ 54 19 CCS - Abandonment of Rates and Charges............................................................................................... 54 20 CCD - Investment Policy Review ................................................................................................................ 54 21 CCD - List of Outstanding Reports ............................................................................................................. 54

CLOSED COUNCIL ................................................................................................................................. 55

22 ESCONF - Sand Transport system at Jimmys Beach ................................................................................ 55

LATE BUSINESS ..................................................................................................................................... 55

MEETING CLOSURE .............................................................................................................................. 56

ORDINARY Meeting of the Great Lakes Council held 8 DECEMBER 2015 Page 1

Minutes of the Ordinary Meeting of the Great Lakes Council held at the Council Chambers, Breese Parade, Forster on 8 December 2015 commencing at 9.40am.

PRESENT

Present: Cr J McWilliams, Cr L Roberts, Cr C McCaskie, Cr A Summers, Cr K Hutchinson, Cr L Vaughan, Cr J Weate.

IN ATTENDANCE

General Manager - Glenn Handford, Director Engineering Services - Ron Hartley, Director Planning & Environmental Services - Lisa Schiff, Director Corporate & Community Development - Steve Embry and Admin Officer - Yvette Ellis (Minute Taker).

ACKNOWLEDGEMENT OF COUNTRY

The Mayor read the following statement:

"I acknowledge the Worimi people, the traditional owners of the land on which we meet today. I acknowledge their traditional wisdom and enduring culture."

PRAYER

Pastor Daryll Moran, Lakeside Church, led the meeting in prayer.

APOLOGIES

Cr J Morwitch and Cr L Gill.

137 RESOLUTION

(Moved K Hutchinson/Seconded L Roberts)

That the apologies from Cr J Morwitch and Cr L Gill be accepted, and that leave be granted.

The Mayor read aloud the following statement:

“An audio recording of this meeting is being made for minute taking purposes as authorised by the Local Government Act 1993 and may be made available to members of the public where Council is compelled to do so by court order, warrant, subpoena or by any other law. Members of the public addressing Council should refrain from divulging personal information about themselves or other individuals or making defamatory statements."

ADOPTION OF MINUTES OF MEETING

138 RESOLUTION

(Moved K Hutchinson/Seconded C McCaskie)

That the Minutes of the Ordinary Meeting of 24 November 2015, copies of which were distributed among the Councillors, be taken as read and confirmed as a true record of proceedings.

GENERAL BUSINESS

Petition Cr Len Roberts tabled a petition requesting that the bridge over the Myall River at Bulahdelah, be named after well-known local Aboriginal lady Nan Syron.


DECLARATIONS OF PECUNIARY & NON-PECUNIARY CONFLICTS OF INTEREST

Councillor/Staff Member Item and Subject Nature of Interest

Cr K Hutchinson Item 5 - DA 101/2015 - Egg Production Shed - 3 Warraba Road, The Branch.

Pecuniary Interest, the nature of the interest being Applicant is a friend of my husband and I, along with my husband, are egg producers.. Cr Hutchinson left the meeting and took no part in discussions or voting.

Director Planning & Environmental Services - Lisa Schiff

Item 3 - PES - DA 423/2012 - Residential Development - Nabiac St, Nabiac.

Non-Pecuniary Conflict of Interest (Less than Significant), the nature of interest being Gavin Maberley-Smith is the consultant for the Applicant and is a neighbour of mine. Ms Schiff remained in the meeting.

Director Planning & Environmental Services - Lisa Schiff

Item 5 - PES - DA 101/2015 - Egg Production Shed - 3 Warraba Road, The Branch

Non-Pecuniary Conflict of Interest (Less than Significant), the nature of interest being Gavin Maberley-Smith is the consultant for the Applicant and is a neighbour of mine. Ms Schiff remained in the meeting.

NOTICES OF MOTION

Nil.

CONSIDERATION OF OFFICERS’ REPORTS:

MAYOR

Nil.

GENERAL MANAGER

Nil.

DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES

1 PES - Aboriginal Land Claim 6991 - Lot 1 Sanderling Ave, Hawks Nest

Index: SP-ALC-6991 Author: Strategic Landuse Planner - Louise Gaffney Ordinary Meeting: 8 December 2015

RECOMMENDATION:

That Council formally advise The Aboriginal Land Claims Investigation Unit (DPI-Lands) that Lot 154 DP 823151 is no longer required for an essential public purpose, and therefore Council has no grounds for an objection to Aboriginal Land Claim 6991.

139 RESOLUTION

(Moved K Hutchinson/Seconded L Vaughan)

That the above recommendation be adopted.

In accordance with Section 375A of the Local Government Act 1993 a division is required to be called whenever a planning decision is put at a Council or committee meeting. Accordingly, the Chairperson called for a division in respect of the motion, the results of which were as follows:

FOR VOTE - Cr J McWilliams, Cr L Roberts, Cr C McCaskie, Cr A Summers, Cr K Hutchinson, Cr L Vaughan, Cr J Weate. ABSENT. DID NOT VOTE - Cr J Morwitch, Cr L Gill.


7 PES - Modification of DA 402-2014 - Visitor Accommodation, Bundabah

Index: DA 402/2014 & PK 15445 Author: Senior Development Assessment Planner - Robyn Shelley Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that the modification application be approved as follows: A. The applicant be requested to lodge a new Plan of Management for the property, amending all

references to eight (8) adults to ten (10) adults. B. The following conditions being amended as follows:

Condition No. 2 to read:

2. Maximum number of guests

The maximum number of guests at the property must not exceed two (2) adults per bedroom. The maximum number of guests must therefore not exceed a total of ten (10) adults based upon the current consent for a five (5) bedroom dwelling. Reason: To ensure compliance with the Holiday Rental Code of Conduct.

Condition No. 4 to read:

4. On-site Sewage Management System

• The on-site sewage management system is to be operated in accordance with any conditions imposed by Council, issued under an Approval to Operate an On-site Sewage Management System.

• The owner of the on-site sewage management system is responsible for arranging for the collection tanks to be pumped out by a licensed liquid waste transporter, authorised to transport liquid waste within Great Lakes at such regular intervals to ensure that the contents of the collection tanks do not overflow.

• Emergency pump-out information must be made available to all tenants/guests and be kept on the premises on a prominent position.

Reason: To ensure the health and safety of the occupants of the dwelling and

adjoining premises.

140 RESOLUTION

(Moved L Roberts/Seconded K Hutchinson) That the above recommendation be adopted. In accordance with Section 375A of the Local Government Act 1993 a division is required to be called whenever a planning decision is put at a Council or committee meeting. Accordingly, the Chairperson called for a division in respect of the motion, the results of which were as follows: FOR VOTE - Cr J McWilliams, Cr L Roberts, Cr C McCaskie, Cr A Summers, Cr K Hutchinson, Cr L Vaughan, Cr J Weate. ABSENT. DID NOT VOTE - Cr J Morwitch, Cr L Gill.


8 PES - Minutes for Port Stephens Estuary Management Committee

Index: NS-EST-PS-MGT; Estuary Mgmt Port Stephens Author: Project Co-ordinator - Debbi Delaney Ordinary Meeting: 8 December 2015

RECOMMENDATION:

That the Minutes be noted.

141 RESOLUTION

(Moved L Roberts/Seconded C McCaskie)


9 PES - Penalty Infringement Notices issued November 2015

Index: Laws and Enforcement: Infringement Notice Issued Author: Manager Waste Health and Regulatory Services - John Cavanagh Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that the information be noted.

142 RESOLUTION

(Moved C McCaskie/Seconded K Hutchinson)


10 PES - Consents Issued Under Delegated Authority - November 2015

Index: Development Consents Issued Under Delegated Authority Author: Director, Planning & Environmental Services - Lisa Schiff Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that the information be noted.

143 RESOLUTION

(Moved L Vaughan/Seconded K Hutchinson)


DIRECTOR ENGINEERING SERVICES

11 ES - Footpath and Cycleway Priority Programme December 2015

Index: Roads - Cycleways, Bicycle Tracks, Footpaths Author: Traffic Engineer - Wade Holmes Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that Council adopt the updated Footpath and Cycleway Priority Programme.

144 RESOLUTION

(Moved C McCaskie/Seconded K Hutchinson)



12 ES - Road Closure Aquatic Road Darawank

Index: Road Closures (General) Author: Design Engineer - Scott Nicholson Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that Council:

1. Approve the partial road closure allowing a minimum of 15 metres width for Council's road infrastructure adjacent to Lot 1 DP358277, Lot 258 DP753207 and Lot 221 DP863965 in Aquatic Road, Darawank.

2. Make application to the Land and Property Management Authority for the closure of the subject road.

3. Approval be given to the Common Seal of Council being affixed to all necessary transfers and documents.

4. Approval is subject to the closed road being consolidated with the adjacent Lot upon closure.

145 RESOLUTION

(Moved A Summers/Seconded L Roberts)


13 ES - Manning Great Lakes LEMC Minutes held 10 November 2015

Index: Emergency Services - Local Emergency Management Committee Author: Executive Coordinator - Andrew Blatch Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that the Minutes of the Manning Great Lakes Local Emergency Management Committee meeting held 10 November 2015 be noted.

146 RESOLUTION

(Moved L Roberts/Seconded K Hutchinson)


14 ES - Minutes of TAC Meeting held 25 November 2015

Index: Traffic - Traffic Minutes Author: Traffic Engineer - Wade Holmes Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that the Minutes of the Traffic Advisory Committee meeting held 25 November 2015 be noted and that Council endorse the recommendations made at the meeting.

147 RESOLUTION

(Moved C McCaskie/Seconded K Hutchinson) That the above recommendation be adopted.


DIRECTOR CORPORATE & COMMUNITY DEVELOPMENT

15 CCD - Special Rate Variation Application to IPART

Index: Financial Management - Special Rate Variation 2016/2017 Author: Manager Corporate Finance & Planning - Phil Brennan Ordinary Meeting: 8 December 2015

RECOMMENDATION:

That Council notify the Independent Pricing and Regulatory Tribunal (IPART) of its intention to apply for a section 508A permanent multi-year special variation to its general income (details as set out in the report) to facilitate infrastructure maintenance and renewal programs, meet existing and proposed loan borrowing commitments and to maintain existing service levels and provide ongoing financial sustainability.

148 RESOLUTION

(Moved L Roberts/Seconded K Hutchinson) That the above recommendation be adopted.

MEET THE PUBLIC SESSION

The Mayor invited members of the gallery who wished to address Council on any items not listed on the agenda to do so at this stage - no one availed themselves of the opportunity.

PUBLIC ADDRESSES

Public Address - DA 67/1996 - Modification of Consent 'The Grange' - Tea Gardens Subject: PES - DA 67-1996 - Modification of Consent 'The Grange' Tea Gardens Index: DA 67-1996 & PK 33650 Author: Development Assessment Planner - Steve Andrews Ordinary Meeting: 8 December 2015 Mr Bob Lander (Applicant) addressed Council in support of the Development Application.

Public Address - DA 101/2015 - Egg Production Shed - 3 Warraba Road, The Branch Subject: PES - DA 101/2015 - Egg Production Shed - 3 Warraba Road, The Branch Index: DA 101/2015 & PK 18909 Author: Senior Development Assessment Planner – David Pirie Ordinary Meeting: 8 December 2015

Cr K Hutchinson declared a pecuniary conflict of interest, left the meeting and took no part in discussions.

Director Planning & Environmental Services declared a non-pecuniary conflict of interest (less than significant) and remained in the meeting.

Mr Brian Eastoe (on behalf of 13 Objectors), addressed Council objecting to the Development Application and requesting that the matter be deferred to allow more time for public consultation. Mr Eastoe tabled a copy of his address to Council.

Mr Eastoe answered questions from Councillors.


Mrs Rae Eade (Objector) addressed Council objecting to the Development Application. Mrs Eade tabled a copy of her address to Council and photos in support of her objection.

Mr Gavin Maberley-Smith (on behalf of the Applicant) addressed Council in support of the Development Application.

Mr Maberley-Smith answered questions from Councillors.

Cr K Hutchinson returned to the meeting.

Public Address - DA 46/2016 Proposed Extensive Agriculture - Dairy (Pasture-Based) Subject: PES - DA46/2016 Proposed Extensive Agriculture - Dairy (Pasture-Based) Index: DA 46/2016; PK 38409 Author: Assessment Planner - Steve Andrews Ordinary Meeting: 8 December 2015

Ms Aleona Swegen (for the Applicant) addressed Council in support of the Development Application.

Ms Swegen answered questions from Councillors.

Mrs Sue Williams (Chair of the Topi Topi Sust Farming Group) addressed Council in support of the Development Application, and tabled a copy of her address to Council and an article on the Topi Topi Sustainable Farming Group.

DIRECTOR PLANNING AND ENVIRONMENTAL SERVICES

2 PES - DA 67-1996 - Modification of Consent 'The Grange' Tea Gardens

Index: DA 67-1996 & PK 33650 Author: Development Assessment Planner - Steve Andrews Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that development consent granted 10 December 1996 (DA671/1996) for the erection of a retirement village comprising 190 self-care cabins, 50 bed hostel and associated facilities on land at 33 - 93 Spinifex Avenue, Tea Gardens be modified pursuant to Section 96(1A) of the EPA Act 1979 in the following manner:-

Existing condition 32 being amended to read:

32. A Certificate of Compliance is to be received from MidCoast Water prior to the release of this development for construction of services, stating that satisfactory arrangements have been made for the provision of MidCoast Water services to the development.

A Certificate of Compliance is to be received from MidCoast Water prior to the release of the water and sewer services, stating that satisfactory arrangements have been made for the provision of MidCoast Water services to the development.

A Certificate of Attainment is to be received from MidCoast Water prior to the release of this development for occupation of dwellings, stating that satisfactory arrangements have been made for the provision of MidCoast Water services to the development.


47. The development of 17 self- care retirement dwellings on stage 18 of this consent shall be in accordance with the modification of development consent application and the following drawings and documents, except where amended by the conditions of this consent.


Plan type/Supporting Document

Plan No. & version Prepared by Dated

Site Plan DA2 Issue J Humel Architects 16/7/2015

Floor Plans & Elevations DA3 Issue C Humel Architects 16/7/2015

















Bush Fire Risk Assessment

n/a Tattersall Lander Pty Ltd

April 2015

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.


49. In accordance with Section 94 of the Environmental Planning and Assessment Act 1979, a monetary contribution shall be paid to Council prior to the issue of a Construction Certificate. The services and facilities for which the contributions are levied and the respective amounts payable under each of the relevant plans are set out in the following table:

Contributions Plan Facility Quantity Unit Rate 2016 Amount

Great Lakes Wide Library Bookstock 34.7 persons $63.77 $2,647.44

Great Lakes Wide Headquarters Building

34.7 persons $191.72 $7,959.33

Great Lakes Wide s94 Admin 34.7 persons $61.04 $2,534.10

Tea Gardens and Hawks Nest

Library and community centre

34.7 persons $523.01 $21,712.96


Cycleways 34.7 persons $165.98 $6,890.72


Open Space infill areas

34.7 persons $523.91 $21,750.32


Arterial Roads 34.7 persons $633.07 $26,282.14


s94 studies TGHN 34.7 persons $4.68 $194.29


Surf Life Saving TGHN

34.7 persons $45.27 $1,879.40

Total S94 Contributions

$91,850.69

Contribution rates are subject to indexation. The rates shown above are applicable until 30 June 2016. Payment made after 30 June will be at the indexed rates applicable at that time.

The Contribution Plans and the Standard Schedule for Section 94 Plans may be viewed on Council's web site www.greatlakes.nsw.gov.au or at Council's offices at Breese Parade, Forster.


Addition of the following conditions after existing condition 49

50. The habitable floor level of each dwelling in Stage 18 being constructed to a minimum reduced level of RL2.4m AHD having regard to the flood affectation of the site. The plans being noted accordingly prior to the issue of a Construction Certificate.

51. The approved development on stage 18 being designed to comply with the provisions of Schedule 3 of State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004. Appropriate details should be submitted prior to the issue of a Construction Certificate.

52. The existing car wash bay and garbage storage area being demolished and relocated more distant from proposed dwelling 208. The separation distance between the relocated car wash bay/garbage storage area and dwelling 208 being landscaped and a suitable fence/wall being constructed to ensure noise transmission to dwelling 208 is minimised. The relocated garbage storage area being aesthetically treated so that it does not detract from the desired character of the village. A revised design addressing the above requirements as well as detailing the proposed capacity of the garbage storage facility being submitted to and approved by Council prior to the issue of a Construction Certificate for stage 18.

53. Prior to the issue of a Construction Certificate, plans and specifications detailing all of the BASIX Certificate commitments must be submitted to and approved by the certifying authority. The proposed development must be constructed in accordance with the requirements of the BASIX Certificate. Where changes to the development are proposed that may affect the water, thermal comfort or energy commitments, a new BASIX Certificate will be required.

54. At the commencement of building works and in perpetuity the entire property shall be managed as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'. The intent of measures is to provide sufficient space for fire fighters and other emergency services personnel, ensuring radiant heat levels permit operations under critical conditions of radiant heat, smoke and embers, while supporting or evacuating occupants.

55. Arrangements for emergency and evacuation are to comply with section 4.2.7 of 'Planning for Bush Fire Protection 2006'. Should an emergency and evacuation plan exist appropriate modification of that plan shall be made to account for this proposed modification to the overall use of the site.

The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments.

149 RESOLUTION






3 PES - DA 423/2012 - Residential Development - Nabiac Street, Nabiac

Index: DA 423/2012 & PK 37579 & PK 37576 Author: Development Assessment Planner - Steve Andrews Ordinary Meeting: 8 December 2015

Director Planning & Environmental Services - Lisa Schiff declared a non-pecuniary conflict of interest (less than significant) and remained in the meeting.

RECOMMENDATION:

It is recommended that DA 423/2012 for the demolition of an existing dwelling, the consolidation of the three (3) existing lots, the filling of the site and the erection of fourteen (14) dwellings at 21 to 25 Nabiac Street, Nabiac be approved subject to compliance with the following conditions:

The following conditions have been applied to ensure that the development complies with the provisions of the Environmental Planning and Assessment Act and Regulations and Policies of Council:

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.



Site Plan 2059B Sheet 1 of 5 Revision A

Barry Evans & Assoc. 10/4/15

Plan & Elevations units 1 to 4

2059B Sheet 2 of 5 Revision A


Plan & Elevations units 5 to 8 and 11 to 14



Plan & Elevations units 9 & 10



Concept Stormwater Drainage Details

10216 Dwg SO1 Revision 7

Coastplan Group P/L October 2015


Reason: Information and to ensure compliance.

2. Staging of the Development

The development is to proceed in accordance with the sequence of the following stages and having regard to the other relevant conditions of development consent.

Stage 1 - The consolidation of the three (3) existing lots, the construction of low retaining walls and filling of what is now known as No. 25 Nabiac Street and the construction of four (4) attached dwellings in pairs with associated access drives and drainage works within that property. Construction of a 1.8 metre high paling fence along the eastern side boundary and returning in part along the rear southern boundary.

Stage 2 - Demolition of the existing dwelling house on what is now known as No. 23 Nabiac Street. Construction of low retaining walls and filling of the site and the construction of one (1) detached dwelling with frontage to Nabiac Street and four (4) attached dwellings in pairs with associated access drives and drainage works. Construction of a 1.8 metre high paling fence along that part of the rear southern boundary.


Stage 3 - The construction of low retaining walls and filling of what is now known as No. 21 Nabiac Street and the construction of one (1) detached dwelling with frontage to Nabiac Street and four (4) attached dwellings in pairs with associated access drives and drainage works. Construction of a 1.8 metre high paling fence along the western side boundary up to and not within the front setback of dwelling 10.

Reason: To confirm the proposed progress of the approved development in stages.

3. Proposed Building and Site Levels and Site Filling Design

The proposed level of filling of the site and the floor level of each dwelling shall be in accordance with those reduced levels as indicated on the Concept Stormwater Drainage Details prepared by Coastplan Group Pty Ltd Job No. 10216, Drawing SO1, Revision 7 and dated October 2015. The filling of the site in proximity to the side and rear boundaries is to be in accordance with the detail prepared by Wade Roberts Job 10216 Sheet 3 dated 14/8/2015 with the exception of the reduced levels on that drawing that should be consistent with the reduced levels as indicated on the Concept Stormwater Drainage Details prepared by Coastplan Group Pty Ltd Job No. 10216, Drawing SO1, Revision 7 and dated October 2015. The extent of the toe of the fill batter is to be located a minimum 0.5m from the eastern side boundary together with design levels ensuring a continuous gradient/fall to lot 2 DP 614624, to drain any localised low points resulting from the filling of the development site. The above requirements are to be incorporated into the plans submitted with the Construction Certificate. Reason: To ensure compliance with approved documentation.

4. Design Changes – Plan amendments The proposal must be amended in the following manner: a) The existing 375mm diameter pipeline within the adjacent 3m wide private easement for

drainage that burdens Lot 2 DP 614624 extended to the adjacent point/s of discharge from the development.

b) Stormwater drainage outlet pipeline from the development connected directly via a headwall/pit to the 375mm diameter pipeline within the adjacent 3m wide private easement for drainage.

c) Providing line marking and signage for the:-

i) Four car parking spaces to the frontage of the commercial building on existing Lot 1 DP614624, 2.7m wide with erected parking signs; and with

ii) One car space for a person with a disability with erected associated parking signs.

d) Along the site frontage construct a 2.4m wide paved footpath behind the existing 900 car

parking (to comply with Clause 3.3 (b) of AS 2890.5) or alternatively erect bollards (between the footpath and the car park area) and widen the existing footpath to comply with Figure 24 (c) of AS 1428.1/ 2009.

e) A 2.5 m long pool fencing (or similar) along the driveway north of the shop, to ensure the sight lines for garbage trucks exiting the site as detailed in figure 3.5 of AS 2890.2 are compliant.

f) The proposed garden arbor at the street frontage is to be either deleted or relocated so that it is outside the sight triangles for drivers exiting the property and comply with Fig 3.4 of AS 2890.2; and

g) Any materials used within the dwellings and garages below the Flood Planning Level are to be flood compatible.


Plans detailing these amendments must be submitted with the application for a Construction Certificate.

Reason: To ensure adequate provision is made for stormwater drainage from the site in a proper manner that protects adjoining properties and the development is constructed to a suitable standard for public safety.

5. 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.

6. 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.


7. Notification of Home Building Act 1989 requirements

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

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

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

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

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

i) the name of the owner-builder, and

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

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


8. 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 the cost for utility services are borne by the developer.


9. Recycling of existing building

The existing dwelling house on No. 23 Nabiac Street Nabiac should either be relocated, preferably as low cost housing, or the existing building materials recycled where possible.

Reason: To minimise the development's environmental impact.

10. Design Changes – Plan amendment

The two (2) detached dwellings (Nos. 9 and 10) shall be constructed with the following detailing:

a) Double hung windows are to be provided to the front (street) elevation of the buildings. The windows can be aluminium framed and housed in larger box frames and architrave surrounds to give the appearance of timber frame type windows.

b) External cladding is to be of 'Primeline Heritage' double width weatherboard cladding with rebated edges (to form a shadow line).

A simple painted hardwood timber picket front fence is to be erected to the Nabiac Street alignment. Fence posts being limited to 1.4 metres and pickets being limited to 1.2 metres in height, the pickets are to be set at approximately 160mm above ground level.

An external colour scheme is to be prepared and submitted to Council for approval prior to the commencement of the development. Paint manufacturers sample chips are to be included and an elevation of the dwellings is to be marked where those colours are to be applied. Roof colour is to be a solid colour and not reflective, external wall colours are to be beige or fawn with contrasting trim of beige, biscuit, cream, deep red or deep green. The colour of the front picket fence should complement the overall development.

Reason: To maintain the visual amenity to the street, the surrounding properties and not to detract from the significance of the adjoining heritage item or the heritage conservation area.

PRIOR TO THE COMMENCEMENT OF ANY DEMOLITION WORK

The following conditions must be satisfied prior to the demolition of any building:

11. Public safety requirements

Prior to the commencement of any demolition work, all care is to be taken to ensure the safety of the public in general, road users, pedestrians and the adjoining property while the demolition works are being undertaken. Public liability insurance cover, for a minimum of $10 million, must be maintained for the duration of the demolition and construction of the development and Council must be nominated as an interested party on the policy. Council is not held responsible for any negligence caused by the undertaking of the works.

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

12. Waste management plan

Prior to the commencement of any demolition work, a waste management plan prepared in accordance with the requirements of Council’s Waste Management Policy must be submitted to and approved by the certifying authority.

Reason: To ensure adequate and appropriate management of waste and recycling.

13. Toilet facilities - sewered areas

Prior to the commencement of demolition 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. The toilet facilities are to be maintained during the course of the approved construction.

Reason: To maintain public health.


PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

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

14. Erosion and sediment control plan

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

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

15. Works within the road reserve

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

Work Standard to be provided

Removal of the disused portion driveway and vehicular crossing currently servicing lot 10

Ensure the driveway servicing the development is 6.0m wide at the entrance. Provide any necessary adjustment/relocation of services as required.

Line marking of the 900

car parking spaces adjacent to the property in Nabiac Street.

The design is to address siting, signs, linemarking, parking restrictions. Note: Parking spaces to be minimum 2.7 x 5.4m.

A painted median island between the 90

0 car parking

spaces and the driveway to serve the site.

The island medium must be a minimum 1m width.

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

16. Car parking

Prior to the issue of a construction certificate for Stage 1, plans and specifications detailing access, parking and manoeuvring on the site must be submitted to and approved by the certifying authority. Vehicular access, parking and manoeuvring must be in accordance with Australian Standard AS/NZS 2890.1: Parking facilities: Off-street car parking. Plans must include the following items:

a) Pavement description with an impervious finish;

b) Site conditions affecting the access;

c) Existing and design levels;

d) Drainage (pipes, pits, on-site detention, etc.);

e) Accessible car parking space/s designed in accordance with Australian Standard AS/NZS 2890.6: Parking facilities - Off-street parking for people with disabilities;

f) Turning paths; and

g) Line-marking and signs.


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

Reason: To ensure suitable vehicular access and manoeuvrability is provided within the

development.

17. Bond required to guarantee against damage to public land Prior to the issue of a construction certificate for Stage 1, a Damage Bond Application form together with payment of a bond in the amount of $11,370 and a non-refundable administration fee of $320.00 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.

18. Stormwater details

Prior to the issue of a construction certificate for Stage 1, 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:

in general accordance with the drawing titled Concept Stormwater Drainage Details, Job No. 10216, drawing No. S01 issue 7 dated Oct 15; and

to comply with Australian Standard AS/NZS 3500.3: Plumbing and drainage – Stormwater drainage.

For the existing shop and units 9 and 10 the stormwater disposal system must discharge to the kerb and gutter via a suitably manufactured kerb adaptor with a sewer grade or hot dipped galvanised rectangular hollow section. For the remainder of the site the site stormwater must be piped to the existing stormwater pipeline system within the easement to drain water that burdens lot 2 DP 614624. Where the slope of the internal driveway pavement area is such that it drains towards the footpath, a grate (or similar) must be provided across the paving within the property and the stormwater collected and discharged to the kerb and gutter (grate selection should consider traffic loads and bicycles). Internal carparking and manoeuvring areas must have a 100mm concrete kerb along any edges that may allow stormwater to discharge onto neighbouring properties.

Reason: To ensure adequate provision is made for stormwater drainage from the site in a

proper manner that protects adjoining properties.


19. Flood planning level for new dwellings

Prior to the issue of a construction certificate for Stage 1, plans and specification detailing the use of flood compatible materials and fixtures in non-habitable areas below the flood planning level must be submitted to and approved by the certifying authority. The flood planning level for this development is R.L. 8.0m A.H.D.

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

20. Structural certification – flood affected buildings

Prior to the issue of a construction certificate for Stage 1, engineering calculations and certification from a qualified structural engineer must be submitted to and approved by the certifying authority. The certificate must certify that the building, its structural components and associated earthworks have been designed to withstand flood forces due to wind wave run-up, water pressure, associated debris and impact loading arising from the 1% annual exceedence probability (AEP) flood.

For the purpose of this assessment the 1% AEP flood level can be assumed to be RL 7.5m AHD with a velocity of 0.4 m/s.

Reason: To ensure the building is structurally adequate to withstand impacts from flooding in accordance with Council and NSW Government Policy.

21. Landscape plan and site works

Prior to the issue of a Construction Certificate for Stage 1, plans and specifications detailing the landscaping treatment of the site must be submitted to and approved by the Certifying Authority. The plan must be prepared by a suitably-qualified Landscape Architect who has appropriate experience and competence in landscaping. The Plan is to replace the "Landscape Plan" submitted with the DA and prepared by Barry Evans & Associates, dated 10/4/2015.

The Plan must include the following information:

a) The plan must apply a level of landscaping treatment to the site and the development in a form that partly compensates for the removal of the significant Forest Red Gum tree from the land. By doing so, the plan must utilize plantings of at least eight (8) specimens of small rainforest trees (greater than 5-metres in typical height), such as Tuckeroo, Lilly Pilly, Cheese Tree, Water Gum, Brush Cherry and/ or Tuckeroo. Specimen plantings of these trees are required in the front and rear setbacks of the land, as well as other sites within the development layout. The trees are to contribute to the visual presentation of the development to the street and the neighbouring properties as well as shade the private open spaces for the benefit of future occupiers of the development.

b) A variety of other local native plants, including groundcovers, twiners and shrubs are to be utilized throughout the site for landscape amenity and visual presentation into and within the development.

c) Details of the number, type and usual size (height and width) of plant species to be used in landscaping.

d) Details of the proposed planting locations and densities.

e) Details of the pot supply sizes of trees and shrubs to be used in plantings.

f) Details of the locations of sealed, paved and turfed areas.

g) Details of the locations of common tap and/ or irrigation systems to ensure that all landscaping can be adequately watered.

h) Details of planting procedures and maintenance, including the replacement of lost or damaged stock.

i) Details of the staging of landscaping works

Reason: To compensate for the removal of a significant Forest Red Gum tree and to maintain environmental and streetscape amenity.


22. Structural details

Prior to the issue of a construction certificate for each Stage, structural drawings prepared by a suitably qualified and experienced structural engineer must be submitted to and approved by the certifying authority. The plans must have regard to any preliminary geotechnical investigation of the site and 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.

23. MidCoast Water approval

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

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

24. BASIX Certificate

Prior to the issue of a construction certificate for each Stage, plans and specifications detailing all of the BASIX Certificate commitments must be submitted to and approved by the certifying authority. The proposed development must be constructed in accordance with the requirements of the relevant BASIX Certificate issued for each of the respective dwellings. Where changes to the development are proposed that may affect the water, thermal comfort or energy commitments, a new BASIX Certificate will be required.

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

25. Land to be consolidated

Prior to the issue of a construction certificate for Stage 1, all separate parcels of land must be consolidated into one allotment and evidence of the lodgement with the Register General of the NSW Land and Property Information must be submitted to the certifying authority.

Reason: To ensure development is not constructed over lot boundaries.

26. S94 contributions

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

Stage 1

Code Contributions Plan

Facility Quantity Unit Rate Amount

GLW-04

Great Lakes Wide Library Bookstock 4.8 persons @ $76.31 = $366.29

GLW-07


4.8 persons @ $458.19 = $2,199.31

GLW-05

Great Lakes Wide s94 Admin 4.8 persons @ $210.22 = $1,009.06

GLW-01

Great Lakes Wide Rural Fire Fighting

4.8 persons @ $654.21 = $3,140.21




GLW-08

Great Lakes Wide * Road Haulage Levy

6667 tonnes x km

@ $0.038 = $253.35

FD05 Forster District Major Roads Middle Zone

11 1-way trips

@ $497.36 = $5,470.98

FD03 Forster District Aquatic Centre 4.8 persons @ $300.58 = $1,442.79

FD01 Forster District Surf Life Saving 4.8 persons @ $88.65 = $425.52

FOS-01

Forster District Open Space 4.8 persons @ $1,437.50 = $6,900.00

FD07 Forster District Library Facility 4.8 persons @ $497.39 = $2,387.47

FD11 Forster District Community Facilities

4.8 persons @ $542.93 = $2,606.06

Total = $26,201.04

Stage 2



GLW-04


GLW-07


6.6 persons @ $458.19 = $3,024.05

GLW-05


GLW-01

Great Lakes Wide Rural Fire Fighting 6.6 persons @ $654.21 = $4,317.79

GLW-08


6667 tonnes x km

@ $0.038 = $253.35


16 1-way trips

@ $497.36 = $7,957.79



FOS-01




6.6 persons @ $542.93 = $3,583.34

Total = $36,366.60


Stage 3



GLW-04


GLW-07


6.6 persons @ $458.19 = $3,024.05

GLW-05


GLW-01

Great Lakes Wide Rural Fire Fighting 6.6 persons @ $654.21 = $4,317.79

GLW-08


6667 tonnes x km

@ $0.038 = $253.35


16 1-way trips

@ $497.36 = $7,957.79



FOS-01




6.6 persons @ $542.93 = $3,583.34

Total = $36,366.60

Contribution rates are subject to indexation. The rates shown above are applicable until 30 June following the date of consent. Payment made after 30 June will be at the indexed rates applicable at that time.

The Contributions Plan and the Standard Schedule for Section 94 Plans may be viewed on Council's web site or at Council’s offices at Breese Parade, Forster.

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

27. Long Service Levy

Prior to the issue of a construction certificate for each stage, a Long Service Levy must be paid to the Long Service Payments Corporation. The amount payable is currently based on 0.35% of the cost of the work for that stage. This is a State Government levy and is subject to change.

These payments may be made at Council’s Customer Service Centres. Cheques must be made payable to Great Lakes Council.

Reason: Statutory requirement

28. Electricity substation

Prior to the issue of a construction certificate for stage 1, plans detailing to location of the required electricity substation within the site must be submitted to and approved by the certifying authority. The substation must be located in accordance with the requirements of the electricity supply authority and screened from view from the public domain.

Reason: To ensure the development has an adequate and safe electricity supply.


29. Stormwater Quality Management Concept and Treatment measures Prior to the issue of the construction certificate for stage 1, final engineering plans and specifications for the stormwater strategy including the rainwater tanks, bioretention and drainage system must be submitted to and approved by the Certifying Authority and be consistent with Coast Plan Pty Ltd, Job No. 10216, drawing SOI, Revision 7 and dated October 2015 . The bio-retention basins must meet the following criteria:

Be designed in accordance with Water by Design (2006), 'Water Sensitive Urban Design – Technical Design Guidelines for South East Queensland', South East Queensland Healthy Waterways Partnership.

Have a maximum surface storage depth of 0.4m and minimum surface storage depth of 0.1m, with a maximum batter/side slope of 1:5 (v:h), unless otherwise retained by a structural wall.

Contain at least two species of plants selected from Great Lakes Council's Fact Sheet 15 ‘Local plant selection for raingardens, guidance for Water Sensitive Design DCP 54’ dated 24 January 2013, planted at densities indicated in the fact sheet.

Filter media shall be of uniform sandy loam texture, placed with minimal compaction and NATA tested to comply with the specifications contained in Adoption guidelines for stormwater biofiltration systems, Facility for Advancing Water Biofiltration, (Monash University, June 2009).

Designed to ensure access arrangements for operation and maintenance are taken into consideration.

Be permanently protected from vehicular damage by bollards, fences or similar structures.

Be protected by sediment and erosion control measures during construction and be connected only after all hardstand areas have been paved or sealed and cleaned.

Reason: To ensure water quality requirements as contained in the Water Sensitive Design section of the Great Lakes Development Control Plan are met.

30. Water Sensitive Design Maintenance Plan

Prior to issue of a construction certificate for stage 1, an operation and maintenance plan (WSUD Operations and Maintenance Manual) for the Stormwater Management Strategy is to be submitted and approved by the Certifying Authority. The maintenance plan must include but not be limited to:

a) Details of the location and nature of stormwater management structures such as bioretention basins, rainwater tanks and drainage works.

b) Responsibilities and detailed requirements for the inspection, monitoring and maintenance of all stormwater management structures including the frequency of inspections, reporting protocol and checklists.

Reason: To ensure water quality measures installed on the site will be adequately maintained.

31. Structural Integrity

Prior to the issue of a construction certificate for stage 1, certification from a structural engineer is to be submitted to the Certifying Authority certifying that the location of the rain-gardens pose no risk to future buildings or that particular controls can be put in place to protect the buildings.

Reason: To ensure location of stormwater treatment will not compromise the structural

integrity of buildings.


32. Fire Suppression Systems

The proposed development shall be designed to comply with the NSW Fire and Rescue Policy No. 8 'Guidelines for minor residential development'.

Prior to the issue of a construction certificate for stage 1, the following information shall be provided to the Principal Certifying Authority:

a) Design plans and specifications for the fire main and hydrant system endorsed by a qualified hydraulic engineer.

b) Certification from a qualified hydraulic engineer certifying that the fire main and hydrant system (proposed and existing) will be capable of servicing all buildings on the site in accordance with AS 2419.1.

Reason: To ensure a satisfactory standard of fire safety.

PRIOR TO THE COMMENCEMENT OF WORK

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

33. Construction certificate required

Prior to the commencement of any building or construction work (including excavation) associated with each stage, 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.

34. Notification of commencement and appointment of principal certifying authority

Prior to the commencement of any building or construction work (including excavation) associated with each stage, the person having the benefit of the development consent must appoint a principal certifying authority and give at least two (2) days' notice to Council, in writing, of the persons intention to commence construction work.


35. Approved fill material

Fill may only be imported to the site if the prior written consent of Great Lakes Council is obtained. Such fill must be:

a) virgin excavated natural material (VENM)(within the meaning of the Protection of the Environment Operations Act 1997); or

b) any other excavated natural material (ENM) which is the subject of a resource recovery exemption under Part 9, Clauses 91 and 92 of the Protection of the Environment Operations (Waste) Regulation 2014, that is permitted to be used as fill material.

Prior to approving the importation of fill, suitable documentation must be submitted to Council to demonstrate that the fill is VENM or that the material complies with the exemption conditions detailed in the resource recovery exemption.

Reason: To protect the environment and public health.

36. 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.


37. Pollution prevention sign

Council’s “PREVENT POLLUTION" sign must be erected and maintained in a prominent position at the frontage of the property during each stage 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.

38. Site construction sign

Prior to the commencement of work for each stage, 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.


39. Traffic management plan Prior to the commencement of work for each stage, a traffic management plan including measures to be employed to control traffic (inclusive of construction vehicles) during construction of the development must be submitted to and approved by the certifying authority. The traffic control plan must be designed in accordance with the requirements of the Roads and Traffic Authority's Manual, Traffic Control at Work Sites Version 2 and Australian Standard AS 1742.3: Manual of uniform traffic control devices - 'Traffic control for works on roads'. The plan must incorporate measures to ensure that motorists using the road adjacent to the development, residents and pedestrians in the vicinity of the development are subjected to minimal time delays due to construction of the site or adjacent to the site. The traffic control plan must be prepared by an accredited person trained in the use of the current version of RTA Traffic Control at Work Sites manual.

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

40. Erosion & sediment measures in accordance with approved plans

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


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


41. Geotechnical report – building works on filled land Upon filling of that part of the site for each approved stage and prior to the construction of respective dwellings, a certificate from a professional geotechnical engineer must be submitted to the certifying authority, certifying that the filled site is stable and will be suitable for the construction of the approved dwellings. The certificate must be prepared in accordance with Australian Standard AS 1726: Geotechnical site investigations.

Reason: To ensure the structural stability of the approved development.

42. 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 7.00 am to 6.00 pm. Saturday, from 8.00 am to 1.00 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.

43. Construction dust suppression

All necessary works must be undertaken to control dust pollution from the site. These works must include, but are not limited to:

a) restricting topsoil removal;

b) regularly and lightly watering dust prone areas (note: prevent excess watering as it can cause damage and erosion;

c) alter or cease construction work during periods of high wind;

d) erect green or black shadecloth mesh or similar products, 1.8m high around the perimeter of the site and around every level of the building under construction.


44. Builders rubbish to be contained on site

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

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

safety and amenity.

45. 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.


46. Removal of Forest Red Gum tree to be deferred to development Stage 3

The Forest Red Gum tree present in the south-west corner of the Site shall be protected from harm and disturbance during site development activities on Stages 1 and 2 of the approved construction. This shall include (but not be limited to the erection and maintenance of a temporary protection fence around the tree to a distance of 15-metres from the trunk or to the property boundary (whichever closer) comprising orange safety mesh barrier fencing, or equivalent. This fence shall be erected prior to the commencement of development work and then maintained in place until the commencement of Stage 3 activities. No machinery shall enter the tree protection zone and no material shall be stored or stockpiled in this area.

The Forest Red Gum tree shall be removed from the Site as part of the Stage 3 construction activities only. The tree shall be removed only after inspecting the crown, limbs and trunk for the presence of Koalas. If a Koala is observed, the tree shall not be felled or harmed until such time as the animal has vacated the tree of its own free will. The tree shall be dismantled and removed only by licensed and qualified Arborists. The felled tree shall be mulched or re-used as logs or firewood. Material from the felled tree that cannot be re-used shall be adequately disposed at a Council waste management facility.

Reason: To retain the significant tree for as long as is possible to harness the trees' landscape and biological benefits.

47. Establishment of landscaping

Landscaping shall be established at each development Stage in accordance with the Approved Landscape Management Plan.

Reason: To maintain environmental amenity.

48. Burning of felled trees prohibited

The burning of trees and vegetation felled during clearing of the site is not permitted. Where possible, vegetation is to be mulched and reused on the site.

Reason: To maintain amenity and environmental protection.

49. Compliance with waste management plan

During demolition and/or construction of the development, waste disposal must be carried out in accordance with the approved waste management plan.

Reason: To ensure waste is minimised and recovered for recycling where possible.

50. Removal of asbestos

All asbestos containing material associated with demolition/renovation works must be removed, handled and disposed of in accordance with the requirements of the NSW WorkCover Authority and the following requirements:

a) If asbestos is present in an amount greater than 10m2, then the demolition and removal

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

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

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

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

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

waste.


51. Standards for demolition work

All demolition works must be undertaken in accordance with the provisions of Australian Standard AS 2601: The demolition of structures. Prior to demolition, all services must be disconnected and capped off.

Reason: To protect public health and safety.

52. 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:

Prior to the construction of the floor slabs for each stage showing the area of land, building under construction and boundary setbacks and the approved finished floor slab level to Australian Height Datum (AHD).

Reason: To ensure compliance with the approved plans.

53. Inspection of stormwater treatment measures (Bioretention basin)

During construction of each respective stage, a suitably qualified person (such as the designer of the bio-retention systems) is to undertake inspections to verify compliance with the approved plans. Inspections must be carried out and verified in accordance with the sign off forms in 'Construction and Establishment Guidelines: Swales, Bioretention Systems and Wetlands' Healthy Waterways, 2010 and include but not be limited to:

a) Earthworks and functional (hydraulic) structures and under drainage prior to covering in.

b) Filter media including NATA test results.

c) Finished levels.

d) Landscape installation and establishment.

Filter media must be tested after installation to confirm infiltration rates are consistent. Signed inspection forms and NATA test results must be supplied to Council for approval.

Reason: To ensure that the bioretentions are constructed in accordance with approved plans, standards and conditions of consent.

54. Comply with traffic management plan

The approved traffic management plan must be implemented and maintained for the duration of the development works.


PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

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

55. Works to be completed

The building/structure or part thereof associated with each stage 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.

56. Site to be landscaped

Prior to the issue of a final occupation certificate for each stage, the site must be landscaped in accordance with the approved landscape plan.

Reason: To ensure compliance with the development consent and to maintain amenity.


57. Completion of car parking areas and provision of signs

Prior to the issue of an occupation certificate for each stage, the car parking areas must be constructed in accordance with the approved plans and be fully line-marked. Signs must be erected clearly indicating the availability of off-street parking and the location of entry/exit points, visible from both the street and the subject site.

Reason: To ensure that adequate parking facilities for the development are provided on site.

58. Rainwater tank

Prior to the issue of a final occupation certificate for each stage, rainwater tank/tank-stand installations must be structurally sound and in accordance with manufacturers details. Overflow from the tank must be connected to the existing stormwater system, or disposed of in a manner that does not cause nuisance to neighbouring properties or degradation of land.

Reason: To ensure rainwater tanks stands are structurally adequate and overflow from the tank is discharged in a proper manner that protects adjoining properties.

59. MidCoast Water approval

Prior to the issue of a final occupation certificate for each stage, 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.

60. Fire Safety Design

Prior to the issue of an occupation certificate for the relevant stage, a new hydrant must be installed in accordance with Australian Standard AS 2419: Fire hydrant installations -System design, installation and commissioning as the proposed structure is greater than 70 metres from the nearest hydrant. Locations of fire hydrants must be delineated by blue pavement markers in the centre of the road.

Reason: To ensure satisfactory standards of fire safety.

61. BASIX Compliance

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


62. Survey certificate of complete building

Prior to the issue of a final occupation certificate for each stage, a survey certificate from a registered surveyor must be submitted to the principal certifying authority in respect to the completed buildings certifying the finished floor levels to Australian Height Datum and the boundary setbacks.

Reason: To ensure compliance with the approved plans.

63. Street tree planting

Prior to the issue of a final occupation certificate, street tree planting must be installed in accordance with the following schedule:

Prior to the issue of a Final Occupation Certificate for Stage 1, a minimum of ten (10) street trees (tree species shall be Brachychiton acerifolius - Illawarra Flame Tree) shall be planted within the Council-approved locations along the footpath /nature strip of the roadside verge on the southern side of Nabiac Street between no. 15 and 39 Nabiac Street and in accordance with the following requirements:


a) At least two (2) trees are to be planted in the sites' frontage

b) The minimum plant pot size is to be 250mm

c) The trees are to be planted with a suitable 450 mm deep root barrier

d) The plantings are to be provided with a slow release fertiliser

e) The plantings are to be mulched with 100mm of native tree mulch

f) The plantings are to be protected by a suitable tree guard

g) The plantings are to be in general accordance with Council standard drawing STD 172

h) The plantings are to be kept clear of underground public utility services (utility services are to be shown on the detailed design plan)

i) The plantings are to be located so as not to impede/reduce sight distance of drivers of vehicles entering/exiting existing driveways

j) The plantings are to be maintained to a healthy state and watered over a minimum 18 months (that includes two summer growing seasons)

The details of the location of the proposed street trees are to be submitted to and approved by Council.

Reason: To maintain/ provide environmental and streetscape amenity and compensate for the removal of the significant Forest Red Gum tree from the site.

64. Electricity supply certificate

Prior to the issue of a final occupation certificate for each stage, a certificate of compliance from the electricity supply authority must be submitted to Council stating the satisfactory arrangements have been made for the provision of electricity supply to the development.

Reason: To ensure that utility services have been provided to the development.

65. Telephone supply certificate

Prior to the issue of an occupation certificate for each stage, a certificate of compliance from the telephone supply authority must be submitted to Council stating the satisfactory arrangements have been made for the provision of telephone supply to the development.

Reason: To ensure that utility services have been provided to the development.

66. Existing Building Upgrade

The existing shop building on No. 25 Nabiac Street Nabiac shall be upgraded to comply with the Building Code of Australia Parts C, D and E, prior to the issue of an occupation certificate for stage 1.

Reason: To ensure that the existing building is constructed to a suitable standard having regard to public health and safety.

67. Internal footpath

Prior to the issue of an occupation certificate for stage 1, the paved footpath and bollards must be constructed behind the existing 90

0 car parking (along the shop site frontage) to comply with

Clause 3.3 (b) of AS 2890.5.

Reason: To ensure that adequate access for pedestrians are provided on site.

68. Sealed driveway

Prior to the issue of a final occupation certificate for stage 1, a 6m wide driveway must be constructed from the edge of the road formation to the property boundary. As well the adjacent line marking for the car park and sign posting must have been undertaken.

Reason: To ensure suitable vehicular access to the development.


69. Internal driveway and footpath in accordance with the approved plans

Prior to the issue of a final occupation certificate for the respective stage:-

The driveway must be constructed from the property boundary to the proposed car spaces and garages in accordance with the approved plans;

The footpath behind the 900 car park in Nabiac Street must have been constructed;

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

70. Stormwater drainage work

Prior to the issue of a final occupation certificate for each respective stage:-

Stormwater must be collected and disposed in accordance with the approved plans. Drainage lines within the road reserve must be sewer class or other approved equivalent. All drainage works must be installed by a suitably qualified person and in accordance with the requirements of Australian Standard AS/NZS 3500.3: Plumbing and drainage – Stormwater drainage.

A works as executed plan of the constructed stormwater system is to be submitted to Council.


71. Redundant works in the road reserve to be removed

Prior to the issue of a final occupation certificate for each respective stage, redundant footpath crossings and/or access culverts must be removed and reconstructed and footway access restored at no cost to Council. The consent of Council must be obtained prior to undertaking the work in accordance with Section 138 of the Roads Act 1993.

Reason: To ensure public safety and facilitate the preservation of on street parking spaces.

72. Inspections of engineering work

Prior to the issue of a final occupation certificate for each respective stage, all engineering work must comply with Council’s engineering guidelines, specifications and standards. Upon completion of the public works a final inspection must be arranged with Council.

Reason: To ensure compliance with Council’s specification for engineering works.

ONGOING USE

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

73. Maintenance of street trees

The street tree planting required in this consent must be maintained for an 18 month period incorporating at least 2 summer periods. Lost and damaged stock must be replaced.


74. Maintenance of stormwater treatment measures

The stormwater management strategy prepared by Coast Plan (Concept Stormwater Drainage Details, May 2012) shall be maintained in perpetuity to ensure ongoing compliance with Council's water quality objectives.

Reason: To ensure ongoing functioning of the stormwater system as per modelled and approved plan.

75. Maintenance of landscaping

The site landscaping must be maintained in accordance with the details of the Approved Landscape Management Plan for the life of the approved development.



150 RESOLUTION





4 PES - DA 227/2014 Modification of Consent - Palm Street, Tuncurry

Index: Modification of DA 227/2014 and PK 38679 Author: Manager Development Assessments - Wayne Burgess Ordinary Meeting: 8 December 2015

RECOMMENDATION:

That the application to modify Development Consent No. 227/2014 for `Proposed change of use of existing boatshed to restaurant, seafood sales and oyster opening facility and associated building works' at Lot 600, DP 1203132, Palm Street, Tuncurry, be approved subject to the following:

Substitute condition 41 as follows:

Condition 41 - Hours of operation (reviewable condition)

The approved hours of operation for the use of the development are restricted to the times and/or locations set out in the following table:

Location/Day Start Time Finish Time

Monday to Sunday 7.00 am 12 midnight

Deliveries and garbage collection 7.00 am 11.00am

In accordance with Section 80A (10B) of the Environmental Planning and Assessment Act 1979, this condition is a reviewable condition. Council may review the condition at any time. Upon the condition being reviewed, the approved hours of operation may be varied in accordance with the recommendations of the review. The purpose of this reviewable condition is to enable the extended operating hours to be reviewed should complaints be received regarding noise or other disorderly or antisocial behaviour.

Reason: To protect the amenity of adjoining premises.


Condition 43 - Noise

Noise levels from the premises must not exceed noise level criterion specified in Martix Industries Noise Impact Assessment (Report No. M15382.01, dated 31 July 2015) at the boundary of any residential premises: Intrusive noise levels are:

7:00am to 6:00pm daily – 52dB(A) LAeq15min

6:00pm to 10:00pm daily – 48dB(A) LAeq15min

10.00pm to midnight daily - 43dB(A) LAeq15min

Reason: To maintain acoustic amenity to adjoining properties.



Condition 45 - Seating capacity (reviewable condition)

The restaurant is restricted to one hundred and sixty seven (167) patrons at any time (maximum of one hundred and twenty five (125) patrons on the deck). In accordance with Clause 98D of the Environmental Planning and Assessment Regulation 2000, a sign must be displayed in a prominent position in the building stating the maximum number of persons that are permitted in the building.

In accordance with Section 80A (10B) of the Environmental Planning and Assessment Act 1979, this condition is a reviewable condition. Upon the condition being reviewed, the approved number of patrons may be varied in accordance with the recommendations of the review. The purpose of this condition is to enable the review of the approved number of patrons should complaints be received regarding noise or other disorderly or antisocial behaviour.

Reason: Statutory requirement and to protect the amenity of adjoining premises.

Inclusion of the following additional conditions:

Condition 45A - Seating capacity for functions/events booked at the premises

Despite Condition 45, where an organised function/event is booked for the premises, the seating capacity of the premises may increase to 220 persons at any time for the duration of that function subject to a Transport Management Plan (TMP) being prepared by management of the premises and submitted to Council for approval at least 14 days prior to the proposed date of the organised function/event. The TMP is to contain details of alternative transport arrangements (e.g. charter bus/boat - in addition to a courtesy bus) to be provided to convey those patron numbers in excess of the day to day seating capacity for the premises in Condition 45.

Reason: To protect the amenity of adjoining premises.

Condition 45B - Courtesy Bus

A courtesy bus is to be provided by the applicant, at their cost, to service the premises during the approved hours of operation.

The courtesy bus is to have a passenger seating capacity of eleven (11) persons.

Reason: To protect the amenity of adjoining neighbours.

Condition 51 - Noise levels in relation to live or recorded music.

The following restrictions must be applied to live or recorded music between the hours of 10.00pm and midnight.

Location of Music Maximum Noise Limit Western Side of Deck No amplification, or 75dBA LAeq,30sec at 3.0 metres

from speakers

Eastern Side of Deck 80dBA LAeq,30sec at 3.0 metres from speakers

Inside Restaurant 90dBA LAeq,30sec at 3.0 metres from speakers - With restaurant doors closed

Inside Restaurant 80dBA LAeq,30sec at 3.0 metres from speakers - With restaurant doors open



Condition 52 - Section 94 contribution. Prior to the use of the approved additional seating capacity, a monetary contribution must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act 1979. The services and facilities for which the contributions are levied and the respective amounts payable under each of the relevant plans are set out in the following table:

Code Contributions

Plan Facility quantity unit rate amount

FD04 Forster District Major Roads Inner Zone

12.5 1-way trips @ $663.15 = $8,289.33

Total = $8,289.33


The Contributions Plan and the Standard Schedule for Section 94 Plans may be viewed on Council’s web site or at Council’s offices at Breese Parade, Forster.


151 RESOLUTION

(Moved L Vaughan/Seconded L Roberts) That the above recommendation be adopted subject to the following amendment: Amend Condition 45B - Courtesy Bus to read as follows:

Condition 45B - Courtesy Bus

A courtesy bus is to be provided by the applicant, at their cost, to service the premises during the approved hours of operation.

The courtesy bus is to have a passenger seating capacity of eleven (11) persons. The availability of the courtesy bus for patrons of the premises is to be promoted by the applicant via the website and Facebook page for the venue, as well as in any new commissioned advertising. In addition, people who contact the venue to make a booking should be encouraged to utilise the courtesy bus to the venue.

Reason: To protect the amenity of adjoining neighbours.

In accordance with Section 375A of the Local Government Act 1993 a division is required to be called whenever a planning decision is put at a Council or committee meeting. Accordingly, the Chairperson called for a division in respect of the motion, the results of which were as follows: FOR VOTE - Cr J McWilliams, Cr L Roberts, Cr C McCaskie, Cr A Summers, Cr K Hutchinson, Cr L Vaughan, Cr J Weate. ABSENT. DID NOT VOTE - Cr J Morwitch, Cr L Gill.


5 PES - DA 101/2015 - Egg Production Shed - 3 Warraba Road, The Branch

Index: DA 101/2015 & PK 18909 Author: Senior Development Assessment Planner – David Pirie Ordinary Meeting: 8 December 2015

Cr K Hutchinson declared a pecuniary conflict of interest, left the meeting and took no part in discussions or voting on this item.

Director Planning & Environmental Services - Lisa Schiff declared a non-pecuniary conflict of interest (less than significant) and remained in the meeting.

RECOMMENDATION:

It is recommended that:

A. Deferred commencement consent be granted under Section 80(3) of the Environmental Planning and Assessment Act 1979, as amended, to Development Application No. 101/2015 for an egg production shed at 3 Warraba Road, The Branch, subject to the following deferred commencement conditions:

DEFERRED COMMENCEMENT CONDITIONS

The consent will not operate until evidence, as specified in the following deferred commencement conditions, has been submitted to and approved by the consent authority and written notice given under Section 100(4)(b) of the Environmental Planning and Assessment Regulation 2000 that the deferred commencement conditions have been satisfied and the date from which the consent operates:

A1. Final Landscape Plan

A Final Landscape Plan and Schedule, prepared by a horticulturalist or landscape architect, must be submitted to Great Lakes Council for review and approval. The plan shall clearly show for the approved development and its immediate surrounds:

a) The location of any remnant native vegetation (including riparian vegetation) that is to be retained for landscaping amenity or odour performance.

b) Details of the landscape (vegetation) and odour-performance screening along the eastern and northern bounds of the property adjacent to The Branch Lane and Warraba Road and which shall not be less than 8-metres total width and include at least two staggered rows of tree and tall shrub plantings.

c) Details of screening of composting bin/s from public view.

d) The use of predominantly native flora species that grow naturally in the locality of The Branch.

e) Details of plant species to be used in landscaping including specific locations, quantities, densities and the height and spread at maturity of all proposed plantings and in accordance with the requirements for inner protection area (IPA) as set out by Condition 39 of this consent.

f) Details of planting procedure and maintenance, including watering and replacement of lost stock.

g) Details of the importation and use of soil and mulch and any landform modification (mounding, etc) that is proposed.

Reason: To provide landscaping to the subject land for local amenity and odour performance.

A2. Environmental Management Plan

An Environmental Management Plan must be submitted to Council for approval that is representative of the approved operations that includes, but is not limited to strategies and measures for:


a) Minimising odour emission.

b) Minimising noise transmission.

c) Minimising dust emission.

d) Range management practises including range rotation, silage cutting program and maintenance prescriptions for filter strips, ephemeral wetland and riparian areas.

e) Development of a water quality and soil nutrient condition monitoring program. The monitoring program must assess nutrient levels and pathogen conditions annually in the creek system downstream of the waterway.

f) Procedures for ensuring an adaptive management approach is taken in management of the free range area should water testing or other assessment indicates water quality objectives are not being achieved.

g) Arrangements to ensure ongoing implementation of NSW Department of Primary Industries 'Best Practice guidelines for using poultry litter on pastures' (2007) should any chicken litter be proposed to be spread on the property.

h) Regime for off-site disposal of chicken litter.

i) Details and location of composting bin/s to be installed.

j) Details of end of cycle chicken disposal.

k) Feral pest animal control and exotic rodent control.

l) Weed control.

m) Contingency actions for managing any problems that may arise.

n) Travel route for trucks servicing the development.

Reason: To ensure the ongoing satisfactory management of the use.

A3. Water Quality Management Plan (Stormwater)

Final plans and specifications for the stormwater quality management system (stormwater filtration area and ephemeral wetland basin) must be submitted to and approved by Great Lakes Council for review and approval. The final plans must include the following:

a) Details of the inlet and outlet structure of the proposed ephemeral wetland/bioretention area.

b) Engineering drawings of the ephemeral wetland/bioretention basin.

c) Vegetation planting schedule and establishment program which includes:

Canopy trees planted at a density of one tree per 4m2. Trees to include Melaleuca

quinquenervia. Melaleuca styphyloides and Eucalyptus robusta.

Contain native macrophyte species that grow naturally in the locality and planted at a density of minimum 4 plants per square metre. Species can be selected from Great Lakes Council's Fact Sheet 15 ‘Local plant selection for raingardens, guidance for Water Sensitive Design.

Mulching and maintenance arrangements to suppress grass and weed growth during the establishment period.

d) Show location and details of stock proof fence around the water quality treatment measures and around the range areas.

e) A maintenance plan for the water management treatment train.

Reason: To ensure water quality requirements as contained in the Water Sensitive Design section of the Great Lakes Development Control Plan are achieved.

Evidence required to satisfy the above deferred commencement conditions must, in accordance with Clause 95(3) of the Environmental Planning and Assessment Regulation 2000, be submitted to Council within 12 months of the date of this consent.


B. Delegation be given to the Director, Planning and Environmental Services to determine satisfactory compliance with the above deferred commencement conditions and to make the consent to Development Application No. 101/2015 for an egg production shed at 3 Warraba Road, The Branch operational under Section 100(4)(b) of the Environmental Planning and Assessment Regulation 2000, subject to the following conditions under Section 80A of the Environmental Planning and Assessment Act 1979, as amended, and subject to any further conditions reasonably arising from compliance to the terms of the deferred commencement conditions.

GENERAL CONDITIONS

1. Development in accordance with approved plans




Site Plan Job 13192_3 Sheet S01

Wade Roberts 03/09/2015

Shed No.1 Plan, Elevations and Detail

Job 13192_2 Sheet S02


Stormwater Management Plan

Job 13192_3 Sheet S04


Statement of Environmental Effects (SEE) as amended by letter from Coastplan

SEE: Project:13192 & Letter Ref: 14135

Coastplan Group SEE: August 2014 Letter: 7/09/2015



2. Design changes – plan amendments

The proposal must be amended in the following manner:

a) Provision of toilet facilities for workers managing the running of the poultry operation.

b) Location and details of composting bin/s.

c) Details of fencing of range areas.

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

Reason: To ensure adequate facilities for management of onsite sewage.

3. 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.


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 maintained at no cost to Council.


5. Bird Numbers

A maximum of 17,500 chickens must be permitted to be housed on-site at any one time.


6. Management of the free range areas

Free range areas must be established and maintained in accordance with the 'Stormwater Management Plan' drawn by Wade Roberts (Job: 13192_3, Sheet S04, dated 03/09/2015) and must comply with the following requirements:

a) The free range areas shall not be permitted to be located within 175 metres of any residential dwelling not associated with the development.

b) Free range areas must be regularly rotated and rested to ensure that areas do not become denuded of vegetation and to ensure that adequate grass cover is maintained.

c) Free range area fencing must be installed and maintained in good condition to prevent the escape of chickens and the entry of vermin.

d) Free range area must be managed in accordance with the Environmental Management Plan approved by the satisfaction of Deferred Commencement Condition A3 of this consent.

Reason: To ensure the amenity of the local area is maintained.

7. Disposal of dead chickens

Small amounts of dead chickens must be composted as described in the Statement of Environmental Effect prepared by Coastplan Group Pty Ltd (dated August 2014) or disposed of at an appropriately licensed waste facility.

In the event of large scale mortalities, chickens must be disposed of in a Council approved landfill, or as directed by the Department of Primary Industries.

Reason: To ensure the protection of the environment.

8. Disposal of chickens at end of batch cycle

At the end of the batch cycle chickens must be removed from the site and be disposed of in accordance with the Environmental Management Plan approved by the satisfaction of Deferred Commencement Condition A2 of this consent.

Reason: To ensure the protection of the environment.

9. Disposal of chicken litter

During shed cleanout, all litter is to be removed off site as soon as possible, except for quantities demonstrated to be needed for on-site use.

All chicken litter stockpiled on-site must be stored under cover in an impervious bunded area to prevent moisture infiltration and runoff.

Litter shall only be permitted to be spread on-site when the soil requires addition of nutrients to improve pasture quality. Documented evidence must be included in the Council approved Environmental Management Plan that demonstrates that any litter utilised on the property is done so in accordance with the NSW Department of Primary Industries ‘Best Practice Guidelines for using Poultry Litter on Pastures’ (2007).

Reason: To ensure that appropriate management of chicken litter.

10. Hours for deliveries and pickups

All deliveries to the site and pickups from the site shall be restricted to the following hours:

Day Time

Monday to Saturday (inclusive) 7:00am to 6:00pm

Sundays and public holidays 8:00am to 5:00pm

Reason: To ensure neighbourhood amenity.


11. Illumination

The chicken shed must not be illuminated without the prior consent of Council.

Reason: To protect neighbourhood amenity.



12. On-site sewage management system - Section 68 application

Prior to the issue of a construction certificate, an application under Section 68 of the Local Government Act 1993 to install an on-site sewage management system must be obtained from Council. The application for Section 68 approval must be accompanied by a report prepared by a suitably qualified professional with demonstrated experience in effluent disposal matters. The report must address the site specific design of sewage management in accordance with the requirements of the Local Government Act 1993, the Local Government (General) Regulation 2005 and Guidelines approved by the Director General.

Reason: To ensure suitable onsite sewage disposal is provided to the development to protect public health and the natural environment.

13. Works within the road reserve

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

Work Standard to be provided

Upgrade entry way into proposed development

Indented rural access to be provided in accordance with the RMS Road Design Guide Figure 4.9.7. A two coat bitumen seal is to be provided on the driveway access from the edge of the existing seal on Warraba Road to the front property line of the subject site.

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

14. Erosion and sediment control plan

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


15. Traffic management plan

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


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

The traffic control plan must be prepared by an accredited person trained in the use of the current version of RTA Traffic Control at Work Sites manual. The approved Construction traffic management plan must be implemented prior to the commencement of work.


16. 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 $4000 and an administration fee of $320 must be submitted to Council. The bond is payable for the purpose of funding repairs to any damage that may result to Council assets from activities/works associated with the construction of the development and to ensure compliance with Council standards and specifications.

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

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

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

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

Reason: Protection of public assets.

17. S94 contributions

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

GLW-07 Great Lakes Wide Headquarters Building

$330,000 $1 non res

@ $0.001 = $330.00

Total = $330.00


The Contributions Plan and the Standard Schedule for Section 94 Plans may be viewed on Council's web site or at Council’s offices at Breese Parade, Forster.


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 work (including excavation):


Prior to the commencement of work, a waste management plan prepared in accordance with the requirements of Council’s Waste Management Policy must be submitted to and approved by the certifying authority.




Prior to the commencement of any building construction work (including excavation), a construction certificate must be issued by a certifying authority.




Prior to the commencement of any building or subdivision construction work (including excavation), the person having the benefit of the development consent must appoint a principal certifying authority and give at least two (2) days' notice to Council, in writing, of the persons intention to commence construction work.


21. Toilet facilities - unsewered 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 toilet connected to an accredited sewage management system approved by the Council.

Reason: To maintain the public health and the natural environment.

22. Public safety requirements

All care is to be taken to ensure the safety of the public in general, road users, pedestrians and the adjoining property while the development is being constructed. Public liability insurance cover, for a minimum of $10 million, is to be maintained for the duration of the construction of the development and a copy of the Certificate of Currency is required to be provided to the Certifying Authority prior to the issue of a Construction Certificate or commencement of the development. Council is not held responsible for any negligence caused by the undertaking of the works.

Reason: To ensure public health and safety during the development.

23. 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.

Note: Council may impose on-the-spot fines for non-compliance with this condition.



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



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.



CONDITIONS TO BE SATISFIED DURING DEVELOPMENT WORK

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


Construction and/or excavation 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.


26. Construction dust suppression

All necessary works must be undertaken to control dust pollution from the site. These works must include, but are not limited to:

a) restricting topsoil removal;

b) regularly and lightly watering dust prone areas (note: prevent excess watering as it can cause damage and erosion;

c) alter or cease construction work during periods of high wind;


27. Compliance with waste management plan

During demolition and/or excavation of the development, waste disposal must be carried out in accordance with the approved waste management plan.

Reason: To ensure waste is minimised and recovered for recycling where possible.

28. 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.


29. Aboriginal heritage

This consent does not authorise the harming of an Aboriginal object or place. Under the National Parks and Wildlife Act 1974, it is the responsibility of all persons to ensure that harm does not occur to an Aboriginal object or place. If an Aboriginal object is found, whilst undertaking development work, all work must stop and the NSW Office of Environment and Heritage notified. All directions of the Office of Environment and Heritage must be complied with at all times.

Reason: To protect Aboriginal heritage.

30. Tree removal

No native trees shall be removed for any aspect of the construction or occupation of the approved development unless required to establish the Inner Protection Area as required by Condition 44 of this consent.

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





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.


32. Provide chemical and fuel storage area

Prior to the issue of an occupation certificate, a covered impervious bunded area must be provided for storage of chemicals, oils or fuel (for example a bunded chemical cabinet). The volume of the bunded area must be at least 110% of the volume of the largest container.

Reason: To reduce the risk of environmental pollution from chemical or fuel spills.

33. Provide spill kit

Prior to the issue of an occupation certificate, a spill kit must be provided for use of emergency equipment if there is a leak or spill of chemicals or oils. The spill kit must be clearly labelled and include items such as rags, brooms and mops to stop any spill from entering the drainage system.

Reason: To reduce the risk of environmental pollution from chemical or fuel spills.

34. On-site sewage management system - approval to operate

Prior to the issue of an occupation certificate, the on-site sewage management system must be completed in accordance with the approved plans and current specifications and standards. The system must not to be used and/or operated until it has been inspected by a Council Officer and an approval to operate the system has been issued.

Reason: To ensure public health and safety.

35. Inspections of engineering work.

Prior to the issue of a final occupation certificate, all engineering work must comply with Council’s engineering guidelines, specifications and standards and must be inspected in accordance with Council’s holding points. Upon completion of the public works a final inspection must be arranged with Council and a Certificate of Practical Completion must be issued by Council.

Reason: To ensure compliance with Council’s specification for engineering works.

36. Final Inspection

A final inspection by Council’s Environmental Health Officer must be undertaken prior to the issue of an Occupation Certificate and the commissioning the chicken shed.

Reason: To ensure compliance.

37. Implementation of the Approved 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 first 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.


38. Protection Instrument over the Riparian Zone Vegetation west of the Approved Poultry Sheds

In order to protect the areas of riparian vegetation, established or new native vegetation and landscaping that the approved development relies on for odour mitigation, landscape screening and water quality protection, the Registered Proprietor of the land shall demonstrably establish an executed legal mechanism that permanently conserves and protects in perpetuity the riparian vegetation that exists at the time of this consent on the land that is located west of the approved poultry sheds and bisects the land from north to south. Suitable measures that can be utilised to satisfy this condition include a restriction or covenant issued under s88B or s88E of the Conveyancing Act 1919, and/or a Property Vegetation Plan issued under the Native Vegetation Act 2003, and/or a Voluntary Conservation Agreement issued under the National Parks and Wildlife Act 1974 and/or any other appropriate alternate legal mechanism (that is satisfactory to Great Lakes Council). The conservation mechanism shall be established to the written satisfaction of Great Lakes Council. The mechanism shall be executed prior to the issuing of the first Occupation Certificate (and the registration of the subdivision) and shall be maintained thereafter in perpetuity. The instrument shall be written in a manner that allows for the movement of cattle and other stock across a designated crossing point within this riparian zone.

Reason: To appropriately protect an area important for odour mitigation, water quality protection and landscape amenity.

ONGOING USE


39. Odour

Odour associated with the premises must not be a source of ‘offensive odour’ at the nearest affected premises:

“offensive odour” is defined under the Protection of the Environment Operations Act 1997 as an odour:

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

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

or repose of a person who is outside the premises from which it is emitted, or b) that is of a strength, nature, duration, character or quality prescribed by the regulations or

that is emitted at a time, or in other circumstances, prescribed by the regulations.

Reason: To maintain the amenity of adjoining properties.

40. Noise

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

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

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

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

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

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



41. Implementation of the Approved 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.

Reason: To appropriately maintain landscaping on the subject land.

42. Environmental Management Plan

Operation of the chicken shed must be undertaken at all times in accordance with the Environmental Management Plan approved in satisfaction of Deferred Commencement Condition A3 of this consent. A copy of the completed Environmental Management Plan including all monitoring and recording results and complaints must be kept on-site at all times and provided to Council Officers for review upon request. The Environmental Management Plan shall be reviewed annually by the farm manager and processor for the life of the operation. A copy of the Environmental Management Plan, including the water quality monitoring results shall be provided annually to Council by the 31

st December of each year. Soil nutrient condition

testing shall be provided to Council upon request.

Reason: To ensure the ongoing satisfactory management of the use.

43. Stormwater quality management plan

The final stormwater quality management plan and treatment measures as approved by the satisfaction of Deferred Commencement Condition A4 of this consent must be maintained for the life of the development.

Reason: To ensure water quality requirements as contained in the Water Sensitive Design section of the Great Lakes Development Control Plan are met.

OTHER AGENCY CONDITIONS

44. NSW Rural Fire Service requirements

The development must be carried out in compliance with the following conditions detailed in the Section 79BA assessment, reference No. D14/2789, dated 8 October 2014.

Asset Protection Zones

The intent of measures is to provide sufficient space and maintain reduced fuel loads so as to ensure radiant heat levels of buildings are below critical limits and to prevent direct flame contact with a building. To achieve this, the following conditions shall apply:

a) At the commencement of building works and in perpetuity the property around the building to a distance of 50 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and Appendix 5 of 'Planning for Bush Fire Protection 2006' and the NSW Rural Fire Service's document 'Standards for asset protection zones'.

Water and Utilities

The intent of measures is to provide adequate services of water for the protection of bindings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. To achieve this, the following conditions shall apply:

b) In recognition that no reticulated water supply exists, a 20,000 litre water supply shall be provided for fire fighting purposes. The water tank if located above ground shall be of a non-combustible material and fitted with a 65mm metal Storz outlet with a gate or ball valve. A hardened ground surface for truck access is to be supplied up to and within 4 metres of the water source.

Access

The intent of measures for property access is to provide safe access to/from the public road system for fire fighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

c) Property access roads shall comply with section 4.1.3 (2) of 'Planning for Bush Fire Protection 2006'.


Details from an appropriately qualified bushfire consultant (BPAD) accredited with the Fire Protection Association of Australia or a building certifier accredited with the Building Professionals Board demonstrating compliance with these conditions, must be submitted to the certifying authority prior to the issue of any Occupation Certificate.

Reason: To ensure work is carried out in accordance with the determination and other statutory requirements.

152 RESOLUTION

(Moved L Roberts/Seconded A Summers) That the above recommendation be adopted. In accordance with Section 375A of the Local Government Act 1993 a division is required to be called whenever a planning decision is put at a Council or committee meeting. Accordingly, the Chairperson called for a division in respect of the motion, the results of which were as follows: FOR VOTE - Cr J McWilliams, Cr L Roberts, Cr C McCaskie, Cr A Summers, Cr J Weate. AGAINST VOTE - Cr L Vaughan. ABSENT. DID NOT VOTE - Cr J Morwitch, Cr L Gill, Cr K Hutchinson. Cr K Hutchinson returned to the meeting.

6 PES - DA46/2016 Proposed Extensive Agriculture - Dairy (Pasture-Based)

Index: DA 46/2016; PK 38409 Author: Assessment Planner - Steve Andrews Ordinary Meeting: 8 December 2015

The following item was deferred from the Development Control Unit Meeting of 22 October 2015 to enable a proposed amendment to be notified to neighbouring property owners and be assessed by Council planning officers. The report is now presented for consideration.

Council noted an email dated 1 December 2015, received from Mr David Brooker objecting to the Development Application and requesting that consideration of the matter be deferred.

RECOMMENDATION:

It is recommended that DA 46/2016 for extensive agriculture - dairy (pasture-based) at Lot 51 DP 1141913, 2014 The Lakes Way, Bungwahl be approved subject to compliance with the following conditions: GENERAL CONDITIONS 1. Development in accordance with approved plans



Plan type/ Supporting Document


Site Plan A0.01 A & E Swegen undated

Proposed Floor Plan A3.02 A & E Swegen undated

Cheese Room - Elevations & Floor Plan

A2.01 A & E Swegen undated

Elevation & Floor Plan A1.02 A & E Swegen undated

Elevations A1.01 A & E Swegen undated



2. Retail Sales

Retail sale of product produced on the site is not to occur on the site. Customers are to be served by delivery.

Reason: To confirm the operation of the business as indicated in documentation submitted

with the development application.

3. 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.

4. Food Premises Fitout 1) The food premises shall at all times comply with the requirements of the Food Act 2003,

the Food Standards Code and Australian Standard 4674 - 2004 Design, Construction and Fit-out of Food Premises.

2) A hand washing basin that is of an adequate size to allow hands and arms to be easily cleaned must be installed in all food preparation areas. Small domestic type hand wash basins are not adequate in commercial situations. The hand wash basin must be in addition to any wash-up sinks.

3) Hot and cold water to the hand washing basin/s shall be delivered through a hands free mixer tap. The hand basin shall be provided with liquid soap and single-use towels at all times.

4) A minimum of a single bowl sink and a commercial grade dishwasher or double bowl sink shall be provided and shall be connected to a continuous supply of hot and cold water. The pot size of the sink must be adequate in size to effectively clean and sanitise the largest item of equipment.

5) All cupboards, benches and shelving must be constructed of materials that are smooth, impervious to moisture and able to be easily cleaned. Note: Particular attention must be made to the underside of the benches to ensure that they are constructed so they are impervious and can be easily cleaned.

6) Ceiling, wall and floor finishes in the food premises shall comply with AS 4674-2004 Design, construction and fit-out of food premises.

7) Ceiling lights shall be either installed flush with the ceiling surface or designed free from any features (such as ledges) that would harbour dirt, dust or insects or make the fitting difficult to clean.


8) Coving shall be installed at the intersection of floors with walls in the food premises in accordance with Australian Standard 4674-2004 Design, construction and fit out of food premises. Coving shall be integral to the surface finish of both floor and wall and installed in such a manner as to form a continuous uninterrupted surface.

9) Either a floor waste with a solids trap and a stand alone tap or a cleaners sink (sluice sink) is to be provided. The sink is to be provided with an adequate supply of hot and cold water and is to be located away from the food preparation area.

10) Should mechanical ventilation be installed, a certificate from a mechanical ventilation engineer stating that the exhaust system complies with Australian/New Zealand Standard AS/NZS 1668.1 and Australian Standard AS 1668.2 must be provided to Council prior to the issue of an Occupation Certificate.

Reason: To ensure satisfactory standards of public health.

5. Water Supply

1) The water supplied to the premises must consistently meet the requirements of the National Health and Medical Research Council ‘Australian Drinking Water Guidelines’ (2011).

2) The microbial quality of the water provided to the premises must be monitored at least monthly by testing for the organism Escherichia coli (E. coli). Water samples must be tested at a laboratory accredited by the National Association of Testing Authorities (NATA) and copies of records must be kept at the premises.

3) The chemical and physical quality of the water must be tested at least annually. Water samples must be tested at a laboratory accredited by the National Association of Testing Authorities (NATA) and copies of records must be kept at the premises.




6. Structural details

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

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

b) Footings of the proposed structure.

c) Structural steel beams/columns.

Reason: To ensure structural stability and safety.

7. Wastewater Management

A comprehensive wastewater management report must be prepared and submitted to Council. The wastewater management report should provide a comprehensive site and soil assessment process in addition to presenting design assumptions/calculations and a conceptual design for the proposed sewage management system. The wastewater report must describe and assess the site and soil characteristics in sufficient detail to allow Council to identify the key constraints that must be addressed in the design of the OSMS. The wastewater management report must clearly then explain how the adopted system design overcomes the nominated constraints.

The wastewater management report must include, but not limited to the following information:


Report Element

Minimum Standards Nominal Level of Detail

Introduction and Background

- Name, contact details and qualifications of author/s

- Site location and owner

- Allotment size

- Proposed, existing water supply

- Number of new building entitlements

- Availability of sewer

One page of text and tables

Site and Soil Assessment

- Broad overview of locality and landscape characteristics

- Details of the date and time of assessment in addition to statements confirming methods used to complete the assessment

- Site assessment that considers all parameters listed below, in accordance with AS 1547:2012.

- Detailed review of available published soils information for the site

- Soil assessment that considers all parameters listed in the table below, in accordance with AS 1547:2012

- Where multiple soil facets are present the site plan should show the boundary between facets

- Detailed explanation of the implications of observed site and soil features for system design and performance

- Assessment of the existing condition of the receiving environment and sensitivity to on-site system impacts

- Paragraph and locality map - Paragraph or table - Table(s) - 1 page - Tables - Minimum 3 soil test pits per

soil facet - Up to 1 page of explanation

and recommend design elements to overcome restraints

System Selection and Design

- Summarise potential treatment and land application systems considered, including advantages and limitations

- Detailed justification of selection of potential treatment and land application sizing, accounting for different effluent strengths

- Sizing of land application systems using daily soil, water, nutrient and pathogen balances.

- Table - 1-2 Pages - Table summarising inputs

and assumptions accompanied by a summary table of results and paragraph justifying calculations

Site Plan - Survey plan

- Proposed allotment boundaries, dimensions and area

- Location of existing buildings, swimming pools, paths, bores, dams and waterways

- Location of exclusion zones (eg setback distances and unsuitable site and soil conditions)

- Minimum Site Plan (1:500)


- Location of EMA’s and indicative LAA and reserves (where applicable) to clearly demonstrate viability

- Two metre elevation contours

- Location of existing and proposed drainage pipework (centreline)

Appendices - Soil bore logs for all results.

- Raw laboratory results for soil samples

- All design calculations and assumptions

N/A

Table 2: Minimum Standards for Site and Soil Assessment Procedures

Site or Soil Feature

Explanation Additional Resources

Slope The slope of the site, particularly the proposed Land Application Area (LAA), may be measured in the field by the site and soil assessor / installer using a clinometer or estimated using survey information or visual checks and reported in per cent slope.

Australian Soil and Land Survey Field Handbook (CSIRO, 2009) and AS1547:2012

Exposure This parameter should be determined in the field from noting the amount of tree cover (which provides shading), and the direction that the slopes face (aspect) where land application of effluent is likely to take place.

Vegetation The general type of vegetation cover over the proposed LAA should be recorded, preferably even specific species. An assessment of the coverage of vegetation on the ground surface and general vigour should be made.

Flood Potential

If possible, information regarding the flood annual exceedance probability (AEP) elevations for the site should be detailed (Council has this information). In the field, proximity to watercourses (both intermittent and permanent) should be noted, as well as position in the landscape (for example on a floodplain).

Council flood planning engineer.

Run-on and Up-slope Seepage

Evidence of run-on to the proposed LAA should be noted (such as sediment dams on the surface). The presence of wet ground or seepage upslope should also be recorded.

Australian Soil and Land Survey Field Handbook (CSIRO, 2009) and

Site Drainage From the field investigation, a record of observation and a description of the shape of the land should be provided to indicate whether water will be shed or will soak in. This gives an evaluation of the surface drainage. Subsurface drainage can be determined by the


presence of mottled colours in the soil profile, which indicates waterlogging. The moisture content of the soil during dry periods also reflects the capacity for drainage.

AS1547:2012

Depth to Limiting Horizon

A hole or pit should be dug, by hand or machine, to at least 1.0 metres below the base of the LAA or to refusal. The depth of the excavation should be recorded, along with the depth of each distinctive soil layer or horizon. The presence of hardened layers (hardpans) should also be recorded.

Buffer distances

When siting land application areas, buffer setbacks should be provided to various features as appropriate to the specific site. In the field, note the distance to relevant features from this table from both treatment systems and proposed LAAs.

Environment & Health Protection Guidelines “On-site Sewage Management for Single Households” NSW DLG

Depth to Groundwater (permanent or episodic)

If water enters the excavation from the surrounding soil the depth to which it comes should be recorded. Grey greyed or heavily mottled subsoils can also provide an estimate of permanent and episodic groundwater levels. Groundwater maps and bore logs, available from the NSW Office of Water website, can be included with the Pro-forma to support the application.

Australian Soil and Land Survey Field Handbook (CSIRO, 2009) and AS1547:2012

Soil Texture The Pro-forma provides a table to record the texture of each layer of soil. The installer / site and soil assessor determines this by manipulating a small amount of moist soil (a bolus) between her/his fingers which an indication of the texture (relative amounts of sand, silt, loam and clay) of the soil sample. The technique for this procedure is described in McDonald et al (1990).

Coarse Fragments

The size and percentage of course fragments (stones and segregations) in each soil layer should be recorded.

Rocks and Rock Outcrops

The nature and amount of rock (particularly bedrock – both general size and per cent coverage of site) protruding from the ground that is observed over the site should be recorded in the report.

Presence of Fill

Any imported fill material should be identified and described. The fill maybe clean soil from nearby excavation or fill containing construction rubble or of a material that is poorly suited to land application. Fill should be described consistently with the natural soil profile.


Soil Structure Soil structure is the distinctness, size, and shape of the peds. A ped is a natural soil aggregate consisting of a cluster of primary particles and separated from adjoining peds by surfaces of weakness (Brewer, 1960). Soil structure should be described from a fresh vertical exposure (it cannot be taken from an augured hole). Further information on pedality may be found in McDonald et al (1990). At the very least, the degree (for example strong, moderate, or weak) of pedality of each layer, and the shape of the peds, should be shown in a report.

pH The pH of 1:5 soil/water suspensions is measured using a hand held pH/EC meter. Alternatively, samples may be sent to a laboratory for the test to be performed. The assessor should test the pH trend down through the profile, for example acid, neutral, or alkaline. Acid soils (pH < 5) or alkaline soils (pH > 8) may provide an unsuitable environment for plant growth, and the assessor may recommend the use of ameliorants (MAV, 2006).

EC The electrical conductivity of the saturated extract (ECE) is calculated by first measuring the electrical conductivity of 1:5 soils in water suspensions and using appropriate multiplier factors to convert EC (1:5) to ECE. This figure infers the salinity of the soil and its potential impact on plant growth. Assessors can measure it in the field with a hand-held meter or in the laboratory (MAV, 2006).

Emerson Aggregate Class

The Emerson Aggregate Test is used to assess soil dispersability and susceptibility to erosion and structural degradation. It provides a simple, field based assessment of aggregate stability and dispersability.

Refer to ASNZS1547:2012, AS1289.3.8.1 and Hazelton and Murphy (2007)


Cation Exchange Capacity (Cations)

CEC is the capacity of the soil to hold and exchange cations. It is a major controlling agent of stability of soil structure, nutrient availability for plant growth, soil pH and other factors. A low CEC means the soil has a low resistance to changes in soil chemistry that are caused by land use (Hazelton and Murphy, 2007). The levels and relative proportions/ratios of the key cations (calcium, magnesium, potassium and sodium) can also provide useful information on the capacity of a soil to accept wastewater and potential amelioration measures.

Hazelton and Murphy (2007)

Exchangeable Sodium Percentage (ESP)

The proportion of sodium on the cation exchange sites reported as a percentage of exchangeable cations. Levels above 6% may cause soil structural problems and reduced permeability. ESP should be considered in conjunction with Emerson Aggregate Class and cation levels to determine the best management approach.

Phosphorus sorption

Used to calculate the immobilisation of phosphorus by the soil. Sandy soils are mostly low in P sorption and need not be tested. Clay soils and soils high in iron and/or aluminium often have high P-sorption. The most useful information is obtained from a multi-point test.

Reason: To ensure that wastewater is satisfactorily managed on site.

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 work:


Prior to the commencement of any building construction work (including excavation), a construction certificate must be issued by a certifying authority.




Prior to the commencement of any building construction work (including excavation), the person having the benefit of the development consent must appoint a principal certifying authority and give at least two (2) days' notice to Council, in writing, of the persons intention to commence construction work.



10. 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.


11. 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.


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



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.



Prior to the commencement of work, a waste management plan prepared in accordance with the requirements of Council’s Waste Management Policy must be submitted to and approved by the certifying authority.


CONDITIONS TO BE SATISFIED DURING DEVELOPMENT WORK

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


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.



15. Builders rubbish to be contained on site

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

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

16. 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.




17. Licencing

Prior to the issue of an Occupation Certificate a dairy licence must be approved by and obtained from the NSW Food Authority. The premises must not operate without a current dairy licence from the NSW Food Authority.

Reason: To ensure compliance with licencing requirements.

18. Final Inspection

A final inspection of the premises must be undertaken by Council’s Environmental Health Officer prior to the issue of the Occupation Certificate.


19. Drinking Water Quality

A drinking water ‘quality assurance program’ (or drinking water management system) that addresses the elements of the Framework for the Management of Drinking Water Quality, as set out in the Australian Drinking Water Guidelines (2011) must be developed and submitted to NSW Health for approval, prior to the issue of an Occupation Certificate.



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.


ONGOING USE


21. Noise

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

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

a) that, by reason of its level, nature, character or quality, or the time at which it is made, or any other circumstances:

i) is harmful to (or is likely to be harmful to) a person who is outside the premises from which it is emitted, or

ii) interferes unreasonably with (or is likely to interfere unreasonably with) the comfort or repose of a person who is outside the premises from which it is emitted, or


b) that is of a level, nature, character or quality prescribed by the regulations or that is made at a time, or in other circumstances, prescribed by the regulation.


153 RESOLUTION

(Moved C McCaskie/Seconded J Weate)




DIRECTOR CORPORATE & COMMUNITY DEVELOPMENT

17 CCD - Comparative Costs of Telephone Services

Index: Telecommunications General Author: Manager Information Systems - Sharon McMeeken Ordinary Meeting: 8 December 2015

RECOMMENDATION:

1. That the information in the report be noted.

2. That a further report of comparative costs, on completion of the first twelve months of operation of the new system, for telephone services be provided to the Ordinary Meeting to be held 26 April 2016.

154 RESOLUTION

(Moved K Hutchinson/Seconded A Summers)


16 CCD - Great Lakes Tourism & Marketing Half Yearly Update to Council

Index: Economic Development - Great Lakes Tourism Author: Tourism & Marketing Coordinator -Sharon Bultitude Ordinary Meeting: 8 December 2015

RECOMMENDATION:

That the information be noted.

155 RESOLUTION

(Moved K Hutchinson/Seconded L Vaughan)



18 CCD - Funding Application Update

Index: Grants & Subsidies: Grants General Author: Community Development Coordinator - Lyndie Hepple Ordinary Meeting: 8 December 2015

RECOMMENDATION:

That the information in this report be noted.

156 RESOLUTION



19 CCS - Abandonment of Rates and Charges

Index: Rates & Valuations - Rates Abandonment Author: Revenue Coordinator - Lee Howard Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that the information be noted and approval be given to effect the necessary adjustments.

157 RESOLUTION



20 CCD - Investment Policy Review

Index: General Policy Register - Investments Author: Management Accountant - Colin McKillop-Davies Ordinary Meeting: 8 December 2015

RECOMMENDATION:

That the information be noted and that the amended Investment Policy, as presented, be adopted.

158 RESOLUTION

(Moved J Weate/Seconded L Roberts)


21 CCD - List of Outstanding Reports

Index: Council Meetings Author: Director Corporate & Community Services - Steve Embry Ordinary Meeting: 8 December 2015

RECOMMENDATION:

This list of outstanding reports shown in the report is submitted for Council's noting.

159 RESOLUTION

(Moved K Hutchinson/Seconded L Roberts)



160 RESOLUTION

(Moved L Roberts/Seconded L Vaughan)

That Council move into Closed Council (Confidential Section of Ordinary Meeting) (Meeting Closed to

the Public) to discuss the items listed in the report 11.08am.

Upon resuming into Open Council the Chairperson reported that the following resolutions had been passed.

CLOSED COUNCIL

22 ESCONF - Sand Transport system at Jimmys Beach

Index: Jimmys Beach Renourishment Programme Author: Design Engineer - Scott Nicholson Ordinary Meeting: 8 December 2015

RECOMMENDATION:

It is recommended that: 1. In accordance with the Local Government (General) Regulations 2005, s178 1(b), Council

decline to accept any of the tenders submitted for 03/16 TEN-NS-JIMMYSAND-15 for the design of a sand transportation system from Winda Woppa Spit to Jimmys Beach.

2. Decline to invite fresh tenders due to the competitive process failing to produce an advantageous or satisfactory offer for Council.

3. Delegate authority to the General Manager to enter into negotiations with the one or more parties as explained in this report to allow Council to further identify and finalise agreed methodology and pricing for the project prior to the selection of a preferred supplier.

4. Discuss potential securing of additional funding from the State Government.

5. Maintain the confidentiality of the documents and considerations in respect of this tender.

161 RESOLUTION

(Moved J Weate/Seconded L Roberts)


LATE BUSINESS

Pindimar - Paper Subdivision

In response to a request for advice on paper subdivision legislation relating to Pindimar the Director Planning & Environmental Services referred to State Government legislation allowing for landowners to come forward with a proposal and advised that no proposals have come forward.

North Hawks Nest Planning Proposal Director Planning & Environmental Services reported that discussions between Council staff and landowners are still progressing. Commendation - Stroud Showground Storm Damage Manager Parks & Recreation and Executive Coordinator Engineering were commended for their address at the recent Stroud Showground Management Committee meeting.


National Stronger Regions Fund - Civic Precinct The General Manager provided an update on the NSRF grant of $6 million for the Civic Precinct. IPART Rate Peg Manager Corporate Finance & Planning attended and provided Councillors with a briefing on the recent IPART announcement of the 2016/17 rate peg.

MEETING CLOSURE

The meeting closed at 11.45am. CHAIRPERSON

Documents

MINUTES OF THE ORDINARY COUNCIL MEETING€¦ · The following document is the Minutes of the Council meeting held on 8 December 2015. These Minutes are subject to confirmation as