ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 15 September 2020

T O S T R I V E F O R B E T T E R T H I N G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 15 SEPTEMBER, 2020

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES

ITEM-2 DA 1347/2020/HA - TELECOMMUNICATION FACILITY INCLUDING MONOPOLE, ANTENNAS, EQUIPMENT, FENCING AND ASSOCIATED WORKS - LOT 169 DP 1151135 AND LOT 2 DP 220508, NO. 288 WINDSOR ROAD, BAULKHAM HILLS

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MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 8 SEPTEMBER 2020

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Paul Osborne Manager – Development Assessment

Ben Hawkins Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Nicholas Carlton Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES Nil

TIME OF COMMENCEMENT 8.30am

TIME OF COMPLETION 8:43am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 1 September 2020 be confirmed.

ITEM-2 DA 2310/2018/LD/A -SECTION 4.55 (1A) MODIFICATION TO AN APPROVED TWO STOREY DWELLING WITH BASEMENT PARKING, RETAINING WALLS AND SWIMMING POOL - LOT 29 DP 253580, 113 EATON ROAD, WEST PENNANT HILLS

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

DECISION

The application be refused on the following grounds:

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1. The proposed development fails to satisfy the objectives of Clause 2.12 of the THDCP 2012 Part B Section 2 – Residential which will result in increased downstream drainage flows and will adversely impact on adjoining properties.

(Section 4.15 (1) (a)(iii) , (d) and (e) of the Environmental Planning and Assessment Act, 1979)

2. The proposed development does not comply with Clause 2.14.2 (Site Coverage) in THDCP 2012 Part B Section 2 – Residential. The non-compliance will result in an ineffective method of stormwater disposal that will contribute to increased nuisance stormwater runoff impacts upon adjoining downstream properties.

(Section 4.15 (1) (a)(iii) and (c) of the Environmental Planning and Assessment Act, 1979).

3. The proposed landscaping is a significant departure from the controls of Clause 2.14.5 of the THDCP 2012 Part B Section 2 – Residential. This non-compliance will adversely impact on amenity impacts on the adjoining properties in terms of visual amenity and stormwater drainage runoff.

(Section 4.15 (1) (a)(iii) , (d) and (e) of the Environmental Planning and Assessment Act, 1979)

REASONS FOR THE DECISION

 Section 4.15 (EP&A Act, 1979) – Unsatisfactory - See Report

 Section 4.55(1A) (EP&A Act, 1979) – Unsatisfactory – See Report

 The Hills LEP 2019 – Unsatisfactory – See Report

 The Hills DCP Part B Section 2 – Residential – Variations - See Report.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The application was notified and four submissions were received.

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ITEM-2 DA 1347/2020/HA - TELECOMMUNICATION FACILITY INCLUDING MONOPOLE, ANTENNAS, EQUIPMENT, FENCING AND ASSOCIATED WORKS - LOT 169 DP 1151135 AND LOT 2 DP 220508, NO. 288 WINDSOR ROAD, BAULKHAM HILLS

THEME: Shaping Growth

OUTCOME:

5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.

STRATEGY:

5.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.

MEETING DATE: 15 SEPTEMBER 2020

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: SENIOR TOWN PLANNER

EAMON MURPHY

RESPONSIBLE OFFICER: PRINCIPAL EXECUTIVE PLANNER KRISTINE MCKENZIE

Applicant Kordia Pty Ltd

Owner Transport for NSW (formerly Roads and Maritime Services)

Notification 14 days

Number Advised 69 Number of Submissions One

Zoning R3 Medium Density Residential and SP2 Infrastructure Site Area 13.63 hectares

List of all relevant s4.15(1)(a) matters

SEPP Infrastructure 2007 – Satisfactory

NSW Telecommunications Facilities Guideline including Broadband (2010) – Satisfactory.

LEP 2019 – Satisfactory

DCP Part C Section 5 – Telecommunications Facilities – Satisfactory.

Section 7.12 Contribution: $3000.00 Political Donation None Disclosed

Reason for Referral to DAU Submission received

Recommendation Approval subject to conditions

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EXECUTIVE SUMMARY

The Development Application is for the removal of an existing Transport for NSW traffic camera pole and construction of a telecommunication facility including a monopole with a total height of 32 metres (including antennas), equipment, fencing and associated works.

The site is zoned R3 Medium Density Residential and SP2 Infrastructure and contains the commuter carpark, M2 Motorway corridor and off ramp. The location of the proposed works is within both zones.

The application was notified to adjoining property owners and one submission was received.

The issues raised relate to construction hours, noise during construction, impacts on parking during construction, visual impacts and potential disruption to existing internet, phone and television signals. It is considered that the proposed telecommunications facility will not result in unreasonable visual impacts on the locality and any impacts from the construction will be minimal. There is not expected to be any disruption from the proposal in terms of existing internet, phone and television signals.

The application is recommended for approval.

BACKGROUND

The subject Development Application was lodged on 17 April 2020.

On 21 July 2020, a letter was sent to the applicant requesting submission of a cost summary report and colours and materials schedule. Additional information was received on 24 July 2020.

PROPOSAL

The Development Application is for the construction of a telecommunication facility including monopole, antennas, equipment, fencing and associated works. The total height of the facility is 32 metres which includes a 29 metre monopole with antennas erected atop. The applicant has indicated that the facility will improve network coverage and capacity to Baulkham Hills.

The facility includes the following works:

 Removal of the existing Trans-Urban camera pole and the installation of a new 29 metre monopole;

 Installation of three new panel antennas (each no longer than 2.8m in length) attached to the monopole via a turret mount;

 Re-installation of Trans-Urban equipment mounted on the new monopole at a height of 17 metres;

 One x three bay outdoor units area mounted at ground level enclosed by a 2.4 metre high chain link security fence; and

 Ancillary equipment associated with the operation of the facility including but not limited to 21 x Radio Remote Units to be attached to a collar mount, cable trays, cabling, earthing, electrical works and air-conditioning equipment.

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ISSUES FOR CONSIDERATION

1. Compliance with State Environmental Planning Policy Infrastructure 2007 The proposed telecommunications facility is permitted with consent on any land under SEPP Infrastructure 2007 (Section 115(1)). A telecommunications facility is defined as:

(a) any part of the infrastructure of a telecommunications network, or

(b) any line, cable, optical fibre, fibre access node, interconnect point, equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c) any other thing used in or in connection with a telecommunications network.

The proposal complies with the above definition.

Section 115(3) of the SEPP states:

Before determining a development application for development to which this clause applies, the consent authority must take into consideration any guidelines concerning site selection, design, construction or operating principles for telecommunications facilities that are issued by the Director-General for the purposes of this clause and published in the Gazette.

The Department of Planning have published the NSW Telecommunications Facilities Guideline including Broadband (2010) which has been taken into consideration. This is addressed below in Section 2.

The proposed telecommunication facility is considered satisfactory in regard to the requirements of SEPP Infrastructure 2007.

2. NSW Telecommunications Facilities Guideline including Broadband 2010 The guideline provides principles for the design, siting, construction and operation of telecommunications facilities that apply to proposed telecommunications facilities.

The applicant has advised that the site selection process focused on identifying lands used for purposes other than residential. As such, the monopole had been proposed to be sited within the SP2 Infrastructure zone next to the M2 motorway off-ramp. However, due to land area limitations of this corridor, a smaller ground based outdoor unit (ODU) component would need to be sited on the neighbouring parcel of land. This land is currently being used as a commuter carpark and is zoned R3 Medium Density Residential. Both lands to be occupied by the monopole and ODU are owned by Transport for NSW (Roads and Maritime Services).

The principles are under the following headings:

Principle 1: A telecommunications facility is to be designed and sited to minimise visual impact.

Comment: The proposed facility has been integrated with the immediate locality adjoining the M2 Motorway. The visual impact is minimised through the design and location of the facility and the colour scheme will comprise grey and off-white colours.

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The materials and colours have been carefully chosen to minimise any visual impact. The size of the outdoor unit is appropriate for the facility. The siting and design of the facility is considered to be in accordance with relevant industry guidelines.

Principle 2: Telecommunications facilities should be co-located wherever practical.

Comment: The proposal is not for co-location. The applicant has advised that co-location is not possible given the height and structural capacity required to provide services to the locality.

Principle 3: Health standards for exposure to radio emissions must be met.

Comment: The proposal has been designed so that the maximum human exposure levels to radiofrequency emissions comply with the Radiation Protection Standard. The proposal has also been assessed by Council’s Senior Environmental Health Officer who raised no concerns with the proposed electromagnetic energy (EME) from the proposed facility.

Principle 4: Minimise disturbance and risk and maximise compliance.

Comment: The proposal has been designed to minimise disturbance on the locality where possible. Construction works are to be carried out during times that cause minimum disruption to adjoining properties and public access. Conditions are recommended to control construction activities, and to minimise disturbance on the locality. (See Conditions nos. 13, 17, 18, 19 and 20).

The proposal is consistent with the matters outlined within the guidelines.

3. Compliance with Local Environmental Plan 2019 (i) Permissibility

The land is zoned part R3 Medium Density Residential and part SP2 Infrastructure under Local Environmental Plan 2019 (see Attachment 3). The proposed telecommunications facility is permissible in both zones.

A telecommunications facility is defined as follows:

(a) any part of the infrastructure of a telecommunications network, or

(b) any line, cable, optical fibre, fibre access node, interconnect point equipment, apparatus, tower, mast, antenna, dish, tunnel, duct, hole, pit, pole or other structure in connection with a telecommunications network, or

(c) any other thing used in or in connection with a telecommunications network.

The proposal is considered to be satisfactory in regard to LEP 2019.

(ii) Compliance with LEP 2019 – Zone Objectives

The objectives of the R3 Medium Density Residential zone and SP2 Infrastructure zone are as follows:

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R3 Medium Density Residential zone objectives

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

• To provide a variety of housing types within a medium density residential environment.

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

• To encourage medium density residential development in locations those are close to population centres and public transport routes.

SP2 Infrastructure zone objectives

• To provide for infrastructure and related uses.

• To prevent development that is not compatible with or that may detract from the provision of infrastructure.

Comment:

The land zoned R3 Medium Density Residential contains part of the Torrs Street carpark.

The telecommunications facility will not compromise current usage or prevent future use of the land as it only occupies a small portion of the land. The proposal will enhance the

telecommunication needs of nearby residences as well as the commuters using the carpark.

In regard to the SP2 Infrastructure zone the current use of the land is as a motorway. The telecommunications facility will not compromise current motorway activities or prevent future use of the land as it only occupies a small portion of the land. The proposed

telecommunication facility is compatible with motorway infrastructures and will enhance mobile signals for motorway users as well as serve residential areas surrounding this section of the M2 motorway. Additionally, the proposal also includes relocating the camera pole camera unit to the monopole.

The proposal is considered satisfactory having regard to the R3 Medium Density Residential zone and SP2 Infrastructure zone.

(iii) LEP 2019 - Development Standards

The following addresses the principal development standard of the LEP relevant to the subject proposal:

LEP 2019 MAPPING - DEVELOPMENT STANDARDS

STANDARD REQUIRED PROPOSED COMPLIANCE

Building Height 9m (excludes communication devices)

Max. 32m

Monopole height: 29m

Yes

The building height definition contained within the LEP building height excludes communication devices, antennae, satellite dishes, masts, flagpoles, chimneys, flues and the like. The definition of a building within the Act can include any structure (which in this case, a mobile tower is considered to be a structure). It is considered that the proposed

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structure functions as a communication device which includes ancillary components listed as exemptions under the building height definition.

It is also noted that certain telecommunication facilities can be approved as complying development under SEPP Infrastructure which can exceed the maximum LEP height standard in certain zoned areas.

4. DCP Part C Section 5 – Telecommunication Facilities

The proposed telecommunications facility has been assessed against DCP Part C Section 5 – Telecommunication Facilities. The development controls relate to visual amenity, co- location, location, heritage, environment, design of the facility and health control requirements.

The proposed facility has been integrated within the locality and the visual impact is minimised through the design and location of the facility. There are currently no existing carrier telecommunication facilities in the vicinity with the required position, height or structural suitability that are potentially capable of providing the service on which the proposed equipment can be co-located.

The facility has been sited adjoining the M2 Motorway and the site is not located close to any sensitive land uses or heritage items.

DCP Part C Section 5 – Telecommunication Facilities also requires the facility to be assessed against The Australian Communications Alliance – Industry Code (2018) for Mobile Phone Base Station Deployment (previously the Code for the Deployment of Radio Communications Infrastructure and Australian Communications Industry Forum (ACIF) (2002)). The Deployment Code applies to carriers who are installing, intending to install, operating, contracting or arranging for the installation of fixed radio communication infrastructure. It is a requirement that an ARPANSA-format electromagnetic energy (EME) report be submitted for all Development Applications. The purpose of an EME report is to provide calculations of EME levels from any proposed additional facilities. The maximum EME level calculated for the proposed systems at this site is 1.68% of the public exposure limit. It is considered that the proposal satisfies and complies with relevant regulatory health exposure level requirements.

The proposed telecommunications facility is considered to be satisfactory in regard to DCP Part C Section 5 – Telecommunication Facilities.

5. Issues Raised in Submissions

The proposal was notified to adjoining property owners for 14 days and one submission was received. The issues raised in the submission are summarised below.

ISSUE/OBJECTION COMMENT

The development works (including the arrival and departure of machinery and equipment) should be between 7am to 5pm Monday to Friday, and 8am to 1pm on Saturday.

A condition of consent has been recommended requiring work to be carried out during Council’s standard construction hours of 7am – 5pm, Monday to Saturday. (See Condition No. 13) However, it is noted that under current State Government legislation due to the Covid-19 pandemic, construction work including building

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and demolition, may be undertaken on Saturdays, Sundays, and public holidays to allow workers to be socially distanced. This was brought in place in April 2020 and is expected to be in force for 6 months, unless otherwise extended. This legislation would override Council’s standard construction hour’s policy.

Access to the site is via the car park and construction activities may result in greater strain on parking, access and traffic in the area.

There will be minimum impacts to the carpark during construction. Any trades vehicles required for workers or to deliver materials to the site would be intermittent and would not be expected to unreasonably impact on parking, access or traffic in the area.

The telecommunication facility is an eyesore. There are a significant number of these towers in The Hills area and upgrades should be undertaken to existing towers instead of building new ones.

It is considered that the proposed telecommunications facility will not result in any unreasonable visual impacts on the locality. The proposed facility has been integrated within the immediate locality adjoining the M2 Motorway and includes the removal of the existing camera pole.

The visual impact is minimised through the design and location of the facility within the existing carpark. The materials and colours have been chosen to minimise visual impact. The size of the outdoor unit is appropriate for the facility. There are a number of similar structures within the site and the immediate locality such as signs and lighting poles. It is also noted that the monopole will be replacing an existing traffic camera pole.

The siting and design of the facility is considered to be in accordance with relevant industry guidelines.

Concern that the works will affect residents, for example disruption to existing internet, phone and TV signals.

There is no evidence provided that telecommunication facilities affect or interfere with television signal receptions. Broadband internet is predominantly provided via underground NBN cables. With respect to mobile phone or mobile internet, the proposal is part of a nationwide rollout to improve mobile coverage and access to enhanced mobile network services in metropolitan areas so rather than disrupting mobile signals it will improve the coverage.

Noise pollution due to the demolition and removal of buildings, material and spoil from site.

A number of conditions have been recommended to address any potential construction or ongoing noise levels. The emission of noise from the construction of the development shall comply with the Interim Construction Noise Guideline published by the Department of Environment and Climate

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Change (July 2009). The use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to “offensive noise” as defined under the provisions of the Protection of the Environment Operation Act 1997.

(See Conditions Nos. 18, 19 and 20)

6. Internal Referrals

The application was referred to following sections of Council:

 Environmental Health

 Section 7.11 Contributions

No objection was raised to the proposal subject to conditions.

7. External Referrals

The application was referred to Transport for NSW (Roads and Maritime Services). No objections were raised to the proposal subject to conditions.

CONCLUSION

The Development Application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, State Environmental Planning Policy (Infrastructure) 2007, Local Environmental Plan 2019 and The Hills Development Control Plan 2012 and is considered satisfactory. The issues raised in the submission have been addressed in the report and do not warrant refusal of the application.

Approval is recommended subject to conditions.

IMPACTS Financial

This matter has no direct financial impact upon Council's adopted budget or forward estimates.

The Hills Future Community Strategic Plan

The proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts and ensures a consistent built form is provided with respect to the streetscape and general locality.

RECOMMENDATION

The Development Application be approved subject to the following conditions of consent:

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GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.

REFERENCED PLANS AND DOCUMENTS DRAWING

NO.

DESCRIPTION REVISION DATE

S2834-P1 Draft Site Layout 01 03/03/2020

S2834-P2 Draft Site Elevation 01 03/03/2020

OSD-140 Site Boundary Fence & Gate Details B 12/2010

- Material Schedule - -

No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.

2. External Finishes

External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.

3. Construction Certificate

Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier.

Plans submitted with the Construction Certificate are to be amended to incorporate the conditions of the Development Consent.

4. Building Work to be in Accordance with BCA

All building work must be carried out in accordance with the provisions of the Building Code of Australia.

5. Transport for NSW (TfNSW) Requirements

The development is to be carried out according to the following TfNSW requirements:

a) All the cost incurred for permanent or temporary removal of assets belong to The Hill Motor Way Company (THML) should be reimbursed due to the proposed development.

b) Motorways Partnership and Planning (MPP) is to be further consulted and provided detail design documentation including a report prepared by a qualified engineer in relation to the prosed footing design for review and approval.

c) MPP is to be provided with details of the construction methodology for both footing excavation and installation of the new pole for review and approval.

d) MPP is to be provided details of the proposed methodology for removal/relocation of its camera for review and approval.

e) Any works on TfNSW land will require an access permit approved by THML.

f) All vehicle access to the site should be via existing access arrangements.

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g) All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Windsor Road or M2 Motorway.

h) All works/regulatory signposting associated with the proposed development are to be at no cost to TfNSW.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 6. Section 7.12 Contribution

Pursuant to section 4.17 (1) of the Environmental Planning and Assessment Act 1979, and The Hills Section 7.12 Contributions Plan, a contribution of $3,000.00 shall be paid to Council. This amount is to be adjusted at the time of the actual payment in accordance with the provisions of the Hills Section 7.12 Contributions Plan.

You are advised that the maximum percentage of the levy for development under section 7.12 of the Act having a proposed construction cost is within the range specified in the table below;

Proposed cost of the development Maximum percentage of the levy

Up to $100,000 Nil

$100,001 - $200,000 0.5 %

More than $200,000 1%

PRIOR TO WORK COMMENCING ON THE SITE 7. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Principal Certifier upon request prior to works commencing.

Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or telephone 13 20 92.

8. Approved Temporary Closet

An approved temporary closet connected to the sewers of Sydney Water, or alternatively an approved chemical closet is to be provided on the land, prior to building operations being commenced.

9. Erosion and Sedimentation Controls

Erosion and sedimentation controls shall be in place prior to the commencement of site works; and maintained throughout construction activities until the site is landscaped and/or suitably revegetated. The controls shall be in accordance with the details approved by Council and/or as directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

10. Stabilised Access Point

A stabilised all weather access point is to be provided prior to commencement of site works, and maintained throughout construction activities until the site is stabilised. The controls

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directed by Council Officers. These requirements shall be in accordance with Managing Urban Stormwater – Soils and Construction produced by the NSW Department of Housing (Blue Book).

11. Details and Signage - Principal Contractor and Principal Certifier Details

Prior to work commencing, submit to the Principal Certifier notification in writing of the principal contractor’s (builder) name, address, phone number, email address and licence number.

No later than two days before work commences, Council is to have received written details of the Principal Certifier in accordance with Clause 103 of the Environmental Planning and Assessment Regulations 2000.

Signage

A sign is to be erected in accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000. The sign is to be erected in a prominent position and show – a) the name, address and phone number of the Principal Certifier for the work,

b) the name and out of working hours contact phone number of the principal contractor/person responsible for the work.

The sign must state that unauthorised entry to the work site is prohibited.

12. Waste Management Details Required

Prior to the commencement of works, the location of waste disposal and recycling for all construction and/ or demolition waste materials (bricks, concrete, timber and so on) must be submitted to and approved by the Principal Certifying Authority. Alternatively, details of an appropriately licensed skip bin hire company or site clean company can be provided where the company is engaged to undertake all works during construction of the development (collection, transportation and disposal).

DURING CONSTRUCTION 13. Hours of Work

Work on the project to be limited to the following hours: - Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work.

14. Survey Report and Site Sketch

A survey report and site sketch signed and dated (including contact details) by the registered land surveyor may be requested by the Principal Certifier during construction. The survey shall confirm the location of the building/structure in relation to all boundaries and/or levels.

As of September 2018 the validity of surveys has been restricted by legislation to 2 years after issue.

15. Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage inspections to be carried out for building work as prescribed by Clause 162A of the Environmental Planning and Assessment Regulation 2000. Prior to allowing building works to commence the Principal Certifier must give notice of these inspections pursuant to Clause 103A of the Environmental Planning and Assessment Regulation 2000.

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An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspection or other inspection required by the Principal Certifier is not carried out. Inspections can only be carried out by the Principal Certifier unless agreed to by the Principal Certifier beforehand and subject to that person being an accredited certifier.

16. Stockpiles

Stockpiles of topsoil, sand, aggregate or other material capable of being moved by water shall be stored clear of any drainage line, easement, natural watercourse, footpath, kerb or roadside.

17. Dust Control

The emission of dust must be controlled to minimise nuisance to the occupants of the surrounding premises. In the absence of any alternative measures, the following measures must be taken to control the emission of dust:

 Dust screens must be erected around the perimeter of the site and be kept in good repair for the duration of the construction work;

 All dusty surfaces must be wet down and suppressed by means of a fine water spray.

Water used for dust suppression must not cause water pollution; and

 All stockpiles of materials that are likely to generate dust must be kept damp or covered.

18. Construction Noise

The emission of noise from the construction of the development shall comply with the Interim Construction Noise Guideline published by the Department of Environment and Climate Change (July 2009).

THE USE OF THE SITE 19. Offensive Noise

The use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to “offensive noise” as defined under the provisions of the Protection of the Environment Operation Act 1997.

20 . Offensive Noise - Acoustic Report

The use of the premises and/or machinery equipment installed must not create offensive noise so as to interfere with the amenity of the neighbouring properties.

Should an offensive noise complaint be received and verified by Council staff, an acoustic assessment is to be undertaken (by an appropriately qualified consultant) and an acoustic report is to be submitted to Council’s Manager – Environment and Health for review. Any noise attenuation measures directed by Council’s Manager - Environment and Health must be implemented.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Zoning Map 4. Site Plan 5. Elevation 6. Photomontage

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ATTACHMENT 1 – LOCALITY PLAN

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ATTACHMENT 2 – SITE PLAN

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ATTACHMENT 3 – ZONING MAP

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ATTACHMENT 4 – SITE PLAN

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ATTACHMENT 5 – ELEVATION

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ATTACHMENT 6 – PHOTOMONTAGE