Ordinary Meeting of Council

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Ordinary Meeting of Council

Tuesday, 27 October 2015

THE HI LL S SH IRE C O UN CI L

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ORDINARY MEETING OF COUNCIL 27 OCTOBER, 2015

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES

 Ordinary Meeting of Council 22 September 2015

 Ordinary Meeting of Council 13 October 2015

 Extraordinary Meeting of Council 15 October 2015

THE FOLLOWING ITEMS 2 TO 7 ARE DEFINED AS PLANNING MATTERS PURSUANT TO THE LOCAL GOVERNMENT & PLANNING LEGISLATION AMENDMENT (POLITICAL DONATIONS) ACT 2008

ITEM-2 DA 725/2015/HB/A - FURTHER REPORT - SECTION 82A REVIEW OF DETERMIMATION FOR AN ANIMAL BOARDING ESTABLISHMENT REDUCING THE NUMBER OF DOGS FROM 60 TO 12 - LOT 7 DP 32141, NO. 16 PITT TOWN ROAD, KENTHURST

41

ITEM-3 DA NO. 1024/2015/HB - PROPOSED ADDITIONAL 16 X 2 BEDROOM UNITS WITHIN AN ADDITIONAL LEVEL IN BLOCK "A" OF AN APPROVED RESIDENTIAL FLAT DEVELOPMENT- LOT 3 DP 1158967 & LOT 100 DP 1128357 - 23-25 NORTH ROCKS ROAD, NORTH ROCKS

93

ITEM-4 DA 1585/2014/HB - NORTHERN RESIDENTIAL PRECINCT PLAN - LOT 20 DP 270520, CADDIES BOULEVARD, ROUSE HILL

126

ITEM-5 DA 1639/2015/HB - AN INTEGRATED HOUSING DEVELOPMENT - LOT 8 DP 280036, NO. 71-81 CADDIES BOULEVARD, ROUSE HILL

164

ITEM-6 PLANNING PROPOSAL 488-494 OLD NORTHERN ROAD DURAL (1/2016/PLP)

191

ITEM-7 FINDINGS AND RECOMMENDATION OF THE PRE-

GATEWAY REVIEW PROCESS (FP 85) 285

ITEM-8 ESTABLISHMENT OF GREATER SYDNEY

COMMISSION (FP85)

296

ITEM-9 PROPERTY DEALINGS RELATING TO

DEVELOPMENT MATTERS 306

ITEM-10 HILLS SHIRE PLAN 15/16 REVIEW 1 311

ITEM-11 BUDGET REVIEW AS AT 30 SEPTEMBER 2015 355 ITEM-12 2016/17 STRATEGIC PLANNING PROCESS 386

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ORDINARY MEETING OF COUNCIL 27 OCTOBER, 2015

ITEM-13 COUNCIL OPERATIONS - CHRISTMAS NEW YEAR PERIOD 2015/2016

388

ITEM-14 REVIEW OF WARD BOUNDARIES 396

ITEM-15 COUNCIL POLICY NO. 25 - ASSESSMENT OF REQUESTS FOR ON-STREET PARKING RESTRICTIONS - 12 MONTH REVIEW

412

ITEM-16 ENDEAVOUR ENERGY NON CONTESTABLE WORKS REVISED QUOTATION - SAMANTHA RILEY DRIVE, KELLYVILLE

453

ITEM-17 LICENCE RENEWAL OF BUILDING 17, BALCOMBE HEIGHTS ESTATE, 90Z-94Z SEVEN HILLS ROAD, BAULKHAM HILLS

456

ITEM-18 TENDER T16/05 RE-LOCATION OF ENDEAVOUR ENERGY ASSETS - INTERSECTION OF SEVEN HILLS ROAD & ARTHUR STREET, BAULKHAM HILLS

458

ITEM-19 TENDER T16/09 FRED CATERSON BMX AMENITIES 461 ITEM-20 APPLICATIONS FOR DONATIONS UNDER SECTION

356 OF THE LOCAL GOVERNMENT ACT - OCTOBER 2015

463

ITEM-21 INFORMATION AND STATUS REPORTS 468

CONFIDENTIAL MATTERS 511

ITEM-22 PURCHASE OF PART 5 HILLVIEW ROAD,

KELLYVILLE FOR PUBLIC RECREATION 1

……….

GENERAL MANAGER

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 September 2015

This is Page 1 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 22 September 2015

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 4

ITEM-2 DA NO. 71/2016/HA - TWO STOREY ATTACHED DUAL OCCUPANCY - LOT 36 DP 1171548 - 41 APPLEGUM CRESCENT, KELLYVILLE

5

ITEM-3 DA NO. 725/2015/HB/A - SECTION 82A REVIEW OF DETERMINATION FOR AN ANIMAL BOARDING ESTABLISHMENT REDUCING THE NUMBER OF DOGS FROM 60 TO 12 - LOT 7 DP 32141 - 16 PITT TOWN ROAD, KENTHURST

4

ITEM-4 DA NO. 835/2015/HB - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A MULTI DWELLING HOUSING DEVELOPMENT COMPRISING 5 DWELLINGS AND BASEMENT PARKING - LOT 4 DP 501479, NO. 2 MARIE STREET, CASTLE HILL

12

ITEM-5 PLANNING PROPOSAL - LOT 111, MILE END ROAD, ROUSE HILL (5/2014/PLP)

26

ITEM-6 POST EXHIBITION - THE HILLS LOCAL ENVIRONMENTAL PLAN 2012 HOUSEKEEPING 2 (14/2013/PLP)

27

ITEM-7 LOCAL TRAFFIC COMMITTEE RECOMMENDATIONS - AUGUST 2015

28

ITEM-8 ELECTRICITY EASEMENT WITHIN PUBLIC RESERVE, 21Z PERSEUS CIRCUIT, KELLYVILLE

28

ITEM-9 PURCHASE OF LAND FOR ROAD WIDENING AT 37- 49 SAMANTHA RILEY DRIVE, KELLYVILLE

28

ITEM-10 CLOSURE AND SALE OF PART PANMURE STREET, ROUSE HILL

29

ITEM-11 2014/15 - STATUTORY FINANCIAL STATEMENTS AND ANNUAL REPORT

29

ITEM-12 BUDGET REVIEW AS AT 31 AUGUST 2015 29

ITEM-13 TENDER T16/03 PROVISION OF CLEANING SERVICE TO VARIOUS COUNCIL PROPERTIES

30

ITEM-14 ANNUAL PECUNIARY INTEREST RETURNS 2014/2015

29

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 September 2015

This is Page 2 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 22 September 2015

ITEM-15 TENDER T16/7 - BAULKHAM HILLS TOWN CENTRE TRANSPORT INTERCHANGE BUS SHELTERS

29

ITEM-16 APPLICATIONS FOR DONATIONS UNDER SECTION 356 OF THE LOCAL GOVERNMENT ACT - SEPTEMBER 2015

29

ITEM-17 INFORMATION AND STATUS REPORTS 30

QUESTIONS WITHOUT NOTICE 30

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MINUTES of the duly convened Ordinary Meeting of The Hills Shire Council held in the Council Chambers on 22 September 2015

This is Page 3 of the Minutes of the Ordinary Meeting of The Hills Shire Council held on 22 September 2015

495 PRESENT

Clr Dr M R Byrne Adjunct Professor (Mayor, in the Chair) Clr Y D Keane (Deputy Mayor)

Clr Dr P J Gangemi Clr R K Harty OAM Clr A J Hay OAM Clr A N Haselden Clr A C Jefferies Clr R A Preston Clr M G Thomas Clr R M Tracey

496 APOLOGIES Clr Dr J N Lowe

497 TIME OF COMMENCEMENT 7.08pm

498 TIME OF COMPLETION 8.17pm

499 DECLARATIONS OF INTEREST Nil.

500 ARRIVALS AND DEPARTURES

7.22pm Councillor Dr Gangemi arrived at the meeting during Item 3.

7.30pm Councillor Tracey left the meeting and returned at 7.31pm during Item 3.

7.56pm Councillor Preston left the meeting and returned at 7.57pm during Item 11.

501 DISSENT FROM COUNCIL'S DECISIONS Nil.

502 ADJOURNMENT & RESUMPTION Nil.

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ITEM-1 CONFIRMATION OF MINUTES

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR HASELDEN THAT the Minutes of the Ordinary Meeting of Council held on 8 September 2015 be confirmed.

THE MOTION WAS PUT AND CARRIED.

503 RESOLUTION

The Minutes of the Ordinary Meeting of Council held on 8 September 2015 be confirmed.

APOLOGIES

On 8 September 2015, Councillor Dr Lowe was granted leave of absence from 8 September to 23 November 2015.

COMMUNITY FORUM

There were no addresses to Council during Community Forum.

7.22pm Councillor Dr Gangemi arrived at the meeting during Item 3.

7.30pm Councillor Tracey left the meeting and returned at 7.31pm during Item 3.

ITEM-3 DA NO. 725/2015/HB/A - SECTION 82A REVIEW OF DETERMINATION FOR AN ANIMAL BOARDING ESTABLISHMENT REDUCING THE NUMBER OF DOGS FROM 60 TO 12 - LOT 7 DP 32141 - 16 PITT TOWN ROAD, KENTHURST

Proceedings in Brief

Peter Rodham (Objector) of Kenthurst representing the residents in the local area addressed Council regarding this matter.

Ian Stewart, Director of Barker Ryan Stewart (Applicant) addressed Council regarding this matter.

A MOTION WAS MOVED BY COUNCILLOR PRESTON AND SECONDED BY COUNCILLOR HASELDEN THAT The matter be deferred subject to an onsite inspection by Councillors.

504 RESOLUTION

The matter be deferred subject to an on-site inspection by Councillors.

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Being a planning matter, the Mayor called for a division to record the votes on this matter

VOTING FOR THE MOTION Clr Dr M R Byrne Adjunct Professor Clr Jefferies

Clr Thomas Clr Preston Clr Keane Clr Dr Gangemi Clr A N Haselden

VOTING AGAINST THE MOTION Clr Harty OAM

Clr Hay OAM Clr Tracey ABSENT Clr Dr Lowe Clr Taylor

ITEM-2 DA NO. 71/2016/HA - TWO STOREY ATTACHED DUAL OCCUPANCY - LOT 36 DP 1171548 - 41 APPLEGUM CRESCENT, KELLYVILLE

A MOTION WAS MOVED BY COUNCILLOR JEFFERIES AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.

505 RESOLUTION

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

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 SHEET REVISION DATE

7582 Site Plan 1 CP2 14/08/2015

7582 Ground Floor Plan 2 CP2 14/08/2015

7582 First Floor Plan 3 CP2 14/08/2015

7582 Elevations & Section 4 CP2 14/08/2015

LP7582_15 Landscape Plan 01 A 31/05/2015

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.

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2. Provision of Parking Spaces

The development is required to be provided with four off-street car parking spaces (comprising two car parking spaces for each unit). These car parking spaces shall be available for off street parking at all times.

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. External Finishes

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

6. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted to and approved by Council must be implemented during the construction and/ or demolition phases of the development, as well as the ongoing management phase. The information submitted can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

7. Management of Construction and/ or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers. Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. The separation and recycling of the following waste materials is required:

metals, timber, masonry products and clean waste plasterboard. This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a waste contractor or transfer/ sorting station that will sort the waste on their premises for recycling. Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them 8. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the commencement of a domestic waste service with Council. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy of the development. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 9843 0310 for the commencement of waste services.

9. Provision of Domestic Waste Storage Area

Sufficient space must be allocated onsite to store a minimum of three 240 litre mobile bins (for waste streams as determined by Council). Note two separate areas are required

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for dual occupancies. The location is required to ensure that the bins are not visible from any adjoining property or public place, are easily accessible by future occupants and allow the bins to be wheeled to the street over flat or ramped surfaces, grade not to exceed 1:14, and not over steps, kerbs, landscape edging or through a habitable area of the dwelling.

10. Bushfire Requirements - BAL 12.5 – Residential i) Asset Protection Zone

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 Inner Protection Area shall comprise of the following:

● minimal fine fuel at ground level;

● vegetation that does not provide a continuous path to building/s for the transfer of fire;

● shrubs and trees that do not form a continuous canopy and vegetation is planted/cleared into clumps rather than continuous rows;

● species that retain dead material or deposit excessive quantities of ground fuel are avoided;

● shrubs and trees are pruned or removed so they do not touch or overhang the building/s; and

● vegetation is located far enough away from the building/s so that plants will not ignite the building/s by direct flame contact or radiant heat emission.

ii) Water and Utilities

a) Water, electricity and gas are to comply with section 4.1.3 of Planning for Bush Fire Protection 2006.

b) Where the rear or most distant part of the building is greater than 70 metres from the nearest hydrant, a new hydrant is required to be installed as per Australian Standard AS 2419.1– 2005 'Fire Hydrant Installations'. Locations of fire hydrants are to be delineated by blue pavement markers offset 150mm from the centre of the road. The direction of offset shall indicate on which side of the road the hydrant is located. Alternatively, an onsite 5,000 litre water supply shall be provided for firefighting purposes (for each unit).

iii) Design and Construction

a) New construction shall comply with section 5 (BAL 12.5) Australian Standard AS3959-2009 ''Construction of buildings in bush fire-prone areas'' and section A3.7 Addendum Appendix 3 of ''Planning for Bush fire Protection''.

b) All proposed Class 10 buildings attached to or within 10 metres of the habitable building shall comply with section 5 (BAL 12.5) Australian Standard AS3959-2009 ''Construction of buildings in bush fire-prone areas' and section A3.7 Addendum Appendix 3 of ''Planning for Bush Fire Protection''.

c) Where fitted, leaf protection to stop the accumulation of debris to new roofing valleys and guttering shall be non-combustible.

iv) Landscaping

Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006. In this regard the following landscaping principles are to be incorporated into the development:

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● Grassed areas/mowed lawns/ or ground cover plantings being provided in close proximity to the building;

● Restrict planting in the immediate vicinity of the building which may over time and if not properly maintained come in contact with the building;

● Planting should not provide a continuous canopy to the building (i.e. trees or shrubs should be isolated or located in small clusters);

● When considering landscape species consideration needs to be given to estimated size of the plant at maturity;

● Avoid species with rough fibrous bark or which retain/shed bark in long strips or retain dead material in their canopies;

● Use smooth bark species of trees species which generally do not carry a fire up the bark into the crown;

● Avoid planting of deciduous species that may increase fuel at surface/ ground level (i.e. leaf litter);

● Avoid climbing species to walls and pergolas;

● Locate combustible materials such as woodchips/mulch, flammable fuel stores away from the building;

● Use of low flammability vegetation species.

11. House Numbering

The responsibility for house numbering is vested solely in Council in order to provide a consistent and accurate system of street numbering throughout the Shire.

Approved numbering for this development is:

Proposed Residence 1 per plans submitted 41B Applegum Cres Kellyville Proposed Residence 2 per plans submitted 41A Applegum Cres Kellyville

The street numbers as issued are to be clearly displayed at the entrance to each building.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 12. Approved Plans to be Submitted to Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent to

determine whether the development will affect any Sydney Water wastewater and water mains, stormwater drains and/or easement, and if any requirements need to be met.

Plans will be appropriately stamped.

Sydney Water’s concurrence and/or requirements are to be submitted to Council for our records.

Please telephone 13 20 92 or refer to the website www.sydneywater.com.au for:

 Quick Check agents details – See building and Developing then Quick Check and

 Guidelines for Building Over/Adjacent to /Sydney Water Assets – see Building and Developing then Building and Renovating.

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13. Section 94 Contribution

The following monetary contributions must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-

The contributions above are applicable at the time this consent was issued. Please be aware that Section 94 contributions are updated quarterly.

Prior to payment of the above contributions, the applicant is advised to contact Council’s Development Contributions Officer on 9843 0268. Payment must be made by cheque or credit/debit card. Cash payments will not be accepted.

This condition has been imposed in accordance with Contributions Plan No 8.

Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may be inspected or purchased at Council’s Administration Centre.

PRIOR TO WORK COMMENCING ON THE SITE 14. Principal Certifying Authority

A sign is to be erected in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000.

15. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.

16. Management of Building Sites – Builder’s Details

The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours contact name and telephone number. In the case of a privately certified development, the name and contact number of the Principal Certifying Authority.

17. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

Per Dual Occ Dual Occ: 2 Credit: 1 TOTAL Open Space - Land $ 8,199.25 $ 16,398.50 $ 8,199.25 $ 8,199.25 Open Space - Capital $ 3,372.32 $ 6,744.64 $ 3,372.32 $ 3,372.32 Community Facilities - Land $ 176.69 $ 353.38 $ 176.69 $ 176.69 Community Facilities - Capital $ 1,529.64 $ 3,059.28 $ 1,529.64 $ 1,529.64 Studies and Administration $ 235.22 $ 470.44 $ 235.22 $ 235.22 Roadworks - Land $ 1,350.94 $ 2,701.88 $ 1,350.94 $ 1,350.94 Roadworks - Capital $ 3,211.85 $ 6,423.70 $ 3,211.85 $ 3,211.85 Total $ 18,075.91 $ 36,151.82 $ 18,075.91 $ 18,075.91

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The building plans must be submitted to the appropriate Sydney Water office to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements. If the development complies with Sydney Water’s requirements, the building plans will be stamped indicating that no further requirements are necessary.

18. 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.

19. 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).

20. 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 shall be in accordance with the requirements 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).

DURING CONSTRUCTION 21. 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. Council will exercise its powers under the Protection of the Environment Operations Act, in the event that the building operations cause noise to emanate from the property on Sunday or Public Holidays or otherwise than between the hours detailed above.

22. 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.

23. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this Development Consent that all commitments listed in BASIX Certificate

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No. 641752M be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX Certificate necessitate design changes to the development. However, a Section 96 Application will be required for a BASIX Certificate with a new number.

24. Roof Water Drainage

Gutter and downpipes to be provided and connected to an approved drainage system upon installation of the roof covering.

25. Compliance with Critical Stage Inspections and Other Inspections Nominated by the Principal Certifying Authority

Section 109E(3)(d) of the Act requires certain specific inspections (prescribed by Clause 162A of the Regulations) and known as “Critical Stage Inspections” to be carried out for building work. Prior to permitting commencement of the work, your Principal Certifying Authority is required to give notice of these inspections pursuant to Clause 103A of the Regulations.

N.B. An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspections or other inspections required by the Principal Certifying Authority are not carried out.

Where Council is nominated as Principal Certifying Authority, notification of all inspections required is provided with the Construction Certificate approval.

NOTE: You are advised that inspections may only be carried out by the PCA unless by prior agreement of the PCA and subject to that person being an accredited certifier.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

26. Section 73 Certificate must be submitted to the Principal Certifying Authority before the issuing of an Occupation Certificate

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Make early application for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design.

Application must be made through an authorised Water Servicing Coordinator. For help either visit www.sydneywater.com.au > Building and developing > Developing your land

> water Servicing Coordinator or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifying authority before occupation of the development/release of the plan of subdivision.

Being a planning matter, the Mayor called for a division to record the votes on this matter

VOTING FOR THE MOTION Clr Dr M R Byrne Adjunct Professor Clr Jefferies

Clr Thomas Clr Preston Clr Keane Clr Dr Gangemi

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Clr A N Haselden Clr Harty OAM Clr Hay OAM

VOTING AGAINST THE MOTION Clr Tracey

ABSENT Clr Dr Lowe Clr Taylor

ITEM-4 DA NO. 835/2015/HB - DEMOLITION OF EXISTING STRUCTURES AND CONSTRUCTION OF A MULTI DWELLING HOUSING DEVELOPMENT COMPRISING 5 DWELLINGS AND BASEMENT PARKING - LOT 4 DP 501479, NO. 2 MARIE STREET, CASTLE HILL

A MOTION WAS MOVED BY COUNCILLOR HARTY OAM AND SECONDED BY COUNCILLOR HASELDEN THAT the Recommendation contained in the report be adopted.

506 RESOLUTION

The Development Application be approved under a deferred commencement consent subject to the following conditions.

DEFERRED COMMENCEMENT:

A1 Pursuant to the provisions of S80(3) of the Environmental Planning and Assessment Act, 1979 the development application be granted a Deferred Commencement Consent subject to the completion of the following:

1. The creation of drainage easement over the downstream property.

A2 The applicant must provide to Council evidence sufficient to enable it to be satisfied of the matters in Condition A1 within 12 Months or such further period as Council may determine is appropriate upon application in writing being made to Council.

B Upon compliance with the requirements of Part A1, a full Consent will be issued subject to the following Conditions

GENERAL MATTERS

1. Development in Accordance with Submitted Plans (as amended)

The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent. 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

The amendments in red denote the landscaping plan for landscaping purposes only.

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REFERENCED PLANS

DRAWING NO DESCRIPTION REVISION DATE

0004 Demolition Plan B 23/03/2015

1004 Roof Plan B 23/03/2015

2001 North and South Elevations B 23/03/2015

2002 East and West Elevations B 23/03/2015

3001 Sections B 23/03/2015

4002 Fence Details/ Streetscape B 23/03/2015

14281 DA1 Landscape Concept Plan A 18/12/2014

2. 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.

3. 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.

4. External Finishes

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

5. Provision of Parking Spaces

The development is required to be provided with twelve off-street car parking spaces in accordance with the approved plans comprising 10 residential parking space and 2 visitor parking spaces.

6. Access and Adaptability

Compliance with the ‘Statement of Compliance – Access for people with a disability’

report prepared by Accessible Building Solutions dated 13 December 2014.

7. Demolition Inspections

Before demolition works commence, a pre-demolition inspection must be arranged with Council’s Development Certification team. All conditions required to be addressed before works commence must be satisfied. Once demolition works are complete, a post demolition inspection must be arranged with Council’s Development Certification team.

8. Separate Application for Strata Subdivision

A separate application must be submitted for any proposed strata titled subdivision of the approved development.

9. Planting Requirements

All trees planted as part of the approved landscape plan are to be minimum 75 litre pot size. All shrubs planted as part of the approved landscape plan are to be minimum 200mm pot size. Groundcovers are to be planted at 5 per m².

In addition, two replacement trees are to be planted in accordance with Tree Management Permit 1199/2014/TR.

10. Retention of Trees All trees are to be retained.

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11. Management of Construction and/ or Demolition Waste

Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers. Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place. Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. The separation and recycling of the following waste materials is required:

metals, timber, masonry products and clean waste plasterboard. This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a waste contractor or transfer/ sorting station that will sort the waste on their premises for recycling. Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them 12. Surplus Excavated Material

The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the formal approval of Council prior to works commencing onsite. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties.

Receipts of all waste/ recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.

13. Commencement of Domestic Waste Service

The property owner or agent acting for the owner must ensure to arrange the commencement of an individual domestic waste service with Council. The service is to be arranged no earlier than two days prior to occupancy and no later than two days after occupancy of each dwelling. All requirements of Council’s domestic collection service must be complied with at all times. Please telephone Council on (02) 9843 0310 for the commencement of waste services.

14. Provision of Domestic Waste Storage Areas

Sufficient space must be allocated within the courtyard area or side access path of each dwelling to store a minimum of two 240 litre wheelie bins. The locations are required to ensure that the bins can be wheeled to the street over flat or ramped surfaces and not over steps, kerbs, landscape edging or through a habitable area of the dwellings. The measurements of the abovementioned bin are: 75mm (d) 580mm (w) 1080mm (h).

15. Separate Application for Strata Subdivision

A separate application must be submitted for any proposed strata titled subdivision of the approved development.

16. Protection of Public Infrastructure

Council must be notified of any damage to public infrastructure caused by the development. Adequate protection must be provided prior to work commencing and maintained during building operations. Any damage caused must be made good, to the satisfaction of Council, before an Occupation Certificate can be issued. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site.

17. Vehicular Access and Parking

The formation, surfacing and drainage of all driveways, parking modules, circulation roadways and ramps are required, with their design and construction complying with:

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a) AS/ NZS 2890.1 b) AS/ NZS 2890.6 c) AS 2890.2

d) Council’s DCP Part C Section 1 – Parking e) Council’s Driveway Specifications

Where conflict exists the Australian Standard must be used.

The following must be provided:

i. All driveways and car parking areas must be prominently and permanently line marked, signposted and maintained to ensure entry and exit is in a forward direction at all times and that parking and traffic circulation is appropriately controlled.

ii. All driveways and car parking areas must be separated from landscaped areas by a low level concrete kerb or wall.

iii. All driveways and car parking areas must be concrete or bitumen. The design must consider the largest design service vehicle expected to enter the site. In rural areas, all driveways and car parking areas must provide for a formed all weather finish.

iv. All driveways and car parking areas must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

v. Driveway grades are to be maximum 22% as per Council’s Specifications and Guidelines, contrary to drawing 1001 showing entrance ramp grades at 25%.

18. Minor Engineering Works

The design and construction of the engineering works listed below must be provided for in accordance with the following documents and requirements:

a) Council’s Design Guidelines Subdivisions/ Developments b) Council’s Works Specifications Subdivisions/ Developments

Any variance from these documents requires separate approval from Council.

Works on existing public roads or any other land under the care and control of Council must be approved and inspected by Council in accordance with the Roads Act 1993 or the Local Government Act 1993. A separate minor engineering works application and inspection fee is payable as per Council’s Schedule of Fees and Charges.

i. Driveway Requirements

The design, finish, gradient and location of all driveway crossings must comply with the above documents and Council’s Driveway Specifications.

- The proposed driveways must be built to Council’s medium duty standard.

A separate driveway application fee is payable as per Council’s Schedule of Fees and Charges.

ii. Disused Layback/ Driveway Removal

All disused laybacks and driveways must be removed and replaced with kerb and gutter together with the restoration and turfing of the adjoining footpath verge area.

iii. Concrete Footpath Paving

A 1.2m wide concrete footpath paving, including access ramps at all intersections, must be provided across the street frontage of the development site transitioning into the existing footpath adjacent in accordance with the above documents.

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iv. Footpath Verge Formation

The grading, trimming, topsoiling and turfing of the footpath verge fronting the development site is required to ensure a gradient between 2% and 4% falling from the boundary to the top of kerb is provided. This work must include the construction of any retaining walls necessary to ensure complying grades within the footpath verge area. All retaining walls and associated footings must be contained wholly within the subject site.

Any necessary adjustment or relocation of services is also required, to the requirements of the relevant service authority. All service pits and lids must match the finished surface level.

v. Site Stormwater Drainage

The entire site area must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.

The appropriate consents are to be sought and easements to be registered to facilitate discharge through a neighbouring property.

The design is to be generally in accordance with Umbrella Civil’s drawings 102 and 103 Revision B dated 23/03/2015 in relation to works within the bounds of the subject property. The drainage easement and works to a neighbouring property are subject to separate negotiations and may differ to that shown on Umbrella Civil’s drawings.

vi. Earthworks/ Site Regrading

Earthworks are limited to that shown on the approved plans. Where earthworks are not shown on the approved plan the topsoil within lots must not be disturbed.

vii. Service Conduits

Service conduits to each of the proposed new dwellings, laid in strict accordance with the relevant service authority’s requirements, are required. Services must be shown on the engineering drawings.

19. House Numbering

The responsibility for house/unit/tenancy numbering is vested solely in Council in order to provide a consistent and accurate system of street numbering throughout the Shire.

The property addresses approved for the proposed 5 dwellings are to be allocated as per the unit numbers provided on the approved floor plan with the addition of 2 Marie Street, Castle Hill. For example: Unit 1/2 Marie Street, Castle Hill. Unit 1 is the first unit fronting Marie Street.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 20. Section 94 Contribution

The following monetary contributions must be paid to Council in accordance with Section 94 of the Environmental Planning and Assessment Act, 1979, to provide for the increased demand for public amenities and services resulting from the development.

Payments comprise of the following:-

Purpose: 3 bedroom unit

Purpose: 4

bedroom unit Purpose: Credit No. of 3 bedroom units: 4

No. of 4 bedroom

units: 1 Sum of Units No. of Credits: 1 Total S94 Roads & Traffic - Land $ 9.40 $ 12.18 $ 12.18 $ 37.60 $ 12.18 $ 49.78 $ 12.18 $ 37.60 Roads & Traffic - Capital $ 347.38 $ 450.30 $ 450.30 $ 1,389.52 $ 450.30 $ 1,839.82 $ 450.30 $ 1,389.52 Open Space - Land $ 2,353.75 $ 3,051.15 $ 3,051.15 $ 9,415.00 $ 3,051.15 $ 12,466.15 $ 3,051.15 $ 9,415.00 Open Space - Capital $ 603.03 $ 781.67 $ 781.67 $ 2,412.12 $ 781.67 $ 3,193.79 $ 781.67 $ 2,412.12 Community Facilities - Land $ 43.09 $ 55.86 $ 55.86 $ 172.36 $ 55.86 $ 228.22 $ 55.86 $ 172.36 Community Facilities - Capital $ 1,273.85 $ 1,651.19 $ 1,651.19 $ 5,095.40 $ 1,651.19 $ 6,746.59 $ 1,651.19 $ 5,095.40 Total $ 4,630.50 $ 6,002.35 $ 6,002.35 $ 18,522.00 $ 6,002.35 $ 24,524.35 $ 6,002.35 $ 18,522.00

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The contributions above are applicable at the time this consent was issued. Please be aware that Section 94 contributions are updated quarterly.

Prior to payment of the above contributions, the applicant is advised to contact Council’s Development Contributions Officer on 9843 0268. Payment must be made by cheque or credit/debit card. Cash payments will not be accepted.

This condition has been imposed in accordance with Contributions Plan No 5.

Council’s Contributions Plans can be viewed at www.thehills.nsw.gov.au or a copy may be inspected or purchased at Council’s Administration Centre.

21. Approved Plans to be Submitted to Sydney Water

The approved plans must be submitted to a Sydney Water Quick Check agent to

determine whether the development will affect any Sydney Water wastewater and water mains, stormwater drains and/or easement, and if any requirements need to be met.

Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au for:

 Quick Check agents details – See building and Developing then Quick Check and

 Guidelines for Building Over/Adjacent to /Sydney Water Assets – see Building and Developing then Building and Renovating.

or telephone 13 20 92.

22. Security Bond Requirements

A security bond may be submitted in lieu of a cash bond. The security bond must:

a) Be in favour of The Hills Shire Council;

b) Be issued by a financial institution or other accredited underwriter approved by, and in a format acceptable to, Council (for example, a bank guarantee or unconditional insurance undertaking);

c) Have no expiry date;

d) Reference the development application, condition and matter to which it relates;

e) Be equal to the amount required to be paid in accordance with the relevant condition;

f) Be itemised, if a single security bond is used for multiple items.

Should Council need to uplift the security bond, notice in writing will be forwarded to the applicant 14 days prior.

23. Sediment and Erosion Control Plan

A sediment and erosion control plan prepared in accordance with Council’s Works Specification Subdivision/ Developments must be submitted. The plan must include:

a) Allotment boundaries;

b) Adjoining roads;

c) Contours;

d) Existing vegetation;

e) Existing site drainage;

f) Critical natural areas;

g) Location of stockpiles;

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h) Erosion control practices;

i) Sediment control practices; and

j) A maintenance program for the erosion and sediment controls.

24. Onsite Stormwater Detention – Hawkesbury River Catchment Area

Onsite Stormwater Detention (OSD) is required in accordance with Council’s adopted policy for the Hawkesbury River catchment area, the Upper Parramatta River Catchment Trust OSD Handbook, with amended parameters for the site storage requirement and permissible site discharge.

The stormwater concept plan prepared by Umbrella Civil Drawing 101 - 104 Revision B dated 23/03/2015 is for development application purposes only and is not to be used for construction. The detailed design must reflect the approved concept plan and the following necessary changes:

a) Provide for OSD warning signs as per the UPRCT OSD Handbook.

b) Provide for mass concrete benching to the invert level of the orifice plate.

Comprehensive design plans showing full construction details must be prepared by an accredited OSD designer and submitted with:

- A completed OSD Drainage Design Summary Sheet;

- Drainage calculations and details, including those for all weirs, overland flow paths and diversion (catch) drains, catchment areas, times of concentration and estimated peak run-off volumes;

- A completed OSD Detailed Design Checklist;

- A maintenance schedule.

The design and construction of the OSD system must be approved by either Council or an accredited certifier. This certification must be included with the documentation approved as part of any Construction Certificate.

A Design Compliance Certificate (DCC) certifying the detailed design of the OSD system can be issued by Council subject to the following being provided:

i. A completed application form;

ii. Four copies of the design plans and specifications;

iii. Payment of the applicable application and inspection fees.

25. Works on Adjoining Land

Where the engineering works included in the scope of this approval extend into adjoining land, written consent from all affected adjoining property owners must be obtained and submitted to Council before a Construction Certificate is issued.

26. Stormwater Discharge Acceptance

Where the engineering works included in the scope of this approval necessitate the discharge of stormwater onto adjoining land, written consent from all affected adjoining property owners must be obtained and submitted to Council before a Construction Certificate is issued.

27. Draft Legal Documents

Where an encumbrance on title is required to be created as part of this consent, draft copies of all legal documents must be submitted to Council for checking before a Construction Certificate is issued.

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28. Security Bond – Road Pavement and Public Asset Protection

In accordance with Section 80A(6)(a) of the Environmental Planning and Assessment Act 1979, a security bond of $105,000 is required to be submitted to Council to guarantee the protection of the road pavement and other public assets in the vicinity of the site during construction works. The above amount is calculated at the rate of $85.00 per square metre based on the road frontage of the subject site plus an additional 50m on either side (Total 124m) multiplied by the width of the road (10m).

The bond must be lodged with Council before a Construction Certificate is issued.

The bond is refundable upon written application to Council and is subject to all work being restored to Council’s satisfaction. Should the cost of restoring any damage exceed the value of the bond, Council will undertake the works and issue an invoice for the recovery of these costs.

29. Security Bond – External Works

In accordance with Section 80A(6)(b) of the Environmental Planning and Assessment Act 1979, a security bond is required to be submitted to Council to guarantee the construction, completion and performance of all works external to the site. The bonded amount must be based on 150% of the tendered value of providing all such works. The minimum bond amount is $10,000.00. The bond amount must be confirmed with Council prior to payment.

The bond must be lodged with Council before a Construction Certificate is issued.

The bond is refundable upon written application to Council and is subject to all work being completed to Council’s satisfaction.

PRIOR TO WORK COMMENCING ON THE SITE 30. Builder and PCA Details Required

Notification in writing of the builder’s name, address, telephone and fax numbers to be submitted to the Principal Certifying Authority prior to work commencing.

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with the Regulations.

31. Notification

Two days before work commences, Council shall be notified of the Principal Certifying Authority in accordance with Form 7 of the Regulation.

32. 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 shall be in accordance with the requirements 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).

33. Dilapidation Report

A dilapidation report must be prepared and submitted by a structural engineer recording the condition of the dwelling and detached garage at No. 4 Marie Street, Castle Hill and the existing rock retaining wall adjacent to the north-eastern boundary of No. 2 Marie Street, Castle Hill.

34. Protection of Existing Trees

The trees that are to be retained are to be protected during all works strictly in accordance with AS4970- 2009 Protection of Trees on Development Sites.

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At a minimum a 1.8m high chain-wire fence is to be erected at least three (3) metres from the base of each tree and is to be in place prior to works commencing to restrict the following occurring:

 Stockpiling of materials within the root protection zone,

 Placement of fill within the root protection zone,

 Parking of vehicles within the root protection zone,

 Compaction of soil within the root protection zone.

All areas within the root protection zone are to be mulched with composted leaf mulch to a depth of not less than 100mm.

A sign is to be erected indicating the trees are protected.

The installation of services within the root protection zone is not to be undertaken without prior consent from Council.

35. Tree Protection Fencing

Prior to any works commencing on site Tree Protection Fencing must be in place around trees or groups of trees nominated for retention. In order of precedence the location of fencing shall be a) As per Tree Protection Plan as per Arborist report for project or b) Tree Protection Zone (TPZ) as calculated under AS4970 (2009) Protection of trees on development sites c) A minimum of 3m radius from trunk.

The erection of a minimum 1.8m chain-wire fence to delineate the TPZ is to stop the following occurring:

 Stockpiling of materials within TPZ;

 Placement of fill within TPZ;

 Parking of vehicles within the TPZ;

 Compaction of soil within the TPZ;

 Cement washout and other chemical or fuel contaminants within TPZ; and

 Damage to tree crown.

36. Tree Protection Signage

Prior to any works commencing on site a Tree Protection Zone sign must be attached to the Tree Protection Fencing stating “Tree Protection Zone No Access” (The lettering size on the sign shall comply with AS1319). Access to this area can only be authorised by the project arborist or site manager.

37. Mulching within Tree Protection Zone

Prior to any works commencing on site all areas within the Tree Protection Zone are to be mulched with composted leaf mulch to a depth of 100mm.

38. Trenching within Tree Protection Zone

Any trenching for installation of drainage, sewerage, irrigation or any other services shall not occur within the Tree Protection Zone of trees identified for retention without prior notification to Council (72 hours notice) or under supervision of a project arborist.

If supervision by a project arborist is selected, certification of supervision must be provided to the Certifying Authority within 14 days of completion of trenching works.

39. Demolition Works and Asbestos Management

The demolition of any structure is to be carried out in accordance with the Work Health and Safety Act 2011. All vehicles transporting demolition materials offsite are to have covered loads and are not to track any soil or waste materials on the road. Should demolition works obstruct or inconvenience pedestrian or vehicular traffic on adjoining

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public road or reserve, a separate application is to be made to Council to enclose the public place with a hoard or fence. All demolition works involving the removal and disposal of asbestos (of an area more than 10 square metres) must only be undertaken by a licenced asbestos removalist who is licenced to carry out the work. Asbestos removal must be carried out in accordance with the WorkCover, Environment Protection Authority and Office of Environment and Heritage requirements. Asbestos to be disposed of must only be transported to waste facilities licenced to accept asbestos. No asbestos products are to be reused on the site.

40. Discontinuation of Domestic Waste Service

Prior to the commencement of any demolition works, and where the site ceases to be occupied during works, the property owner or site manager must notify Council to discontinue the domestic waste service and to collect any garbage and recycling bins from any dwelling/ building that is to be demolished. Construction and/ or demolition workers are not permitted to use Council’s domestic waste service for the disposal of any waste. Please telephone Council on (02) 9843 0310 for the discontinuation of waste services.

41. Waste Management Plan Required

Prior to the commencement of works, a Waste Management Plan for the construction and/ or demolition phases of the development must be submitted to and approved by Council. A template is available on Council’s website. The plan must comply with the waste minimisation requirements in the relevant Development Control Plan. All requirements of the approved plan must be implemented during the construction and/ or demolition phases of the development. The plan must address the following, but not limited to:

(1) The type and estimated quantity of waste material to be removed from the site;

(2) The location of waste disposal and recycling;

(3) The name of the skip bin hire company or transport contractor(s); and (4) The proposed reuse or recycling methods for waste remaining onsite.

42. Traffic Control Plan

A Traffic Control Plan is required to be prepared and submitted to Council for approval.

The person preparing the plan must have the relevant accreditation to do so. Where amendments to the plan are required post approval, they must be submitted to Council for further approval prior to being implemented.

A plan that includes full (detour) or partial (temporary traffic signals) width road closure requires separate specific approval from Council. Sufficient time should be allowed for this to occur.

43. Erection of Signage – Supervision of Work

In accordance with Clause 98A(2) of the Environmental Planning and Assessment Regulations 2000, a sign is to be erected in a prominent position displaying the following information:

a) The name, address and telephone number of the Principal Certifying Authority;

b) The name and telephone number (including after hours) of the person responsible for carrying out the works;

c) That unauthorised entry to the work site is prohibited.

This signage must be maintained while the subdivision work is being carried out and must be removed upon completion.

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44. Contractors Details

In accordance with Section 109E(3) of the Environmental Planning and Assessment Act 1979, the contractor carrying out the subdivision works must have a current public liability insurance policy with an indemnity limit of not less than $10,000,000.00. The policy must indemnify Council from all claims arising from the execution of the works. A copy of this insurance must be submitted to Council prior to works commencing.

45. Sediment and Erosion Control

The approved sediment and erosion control measures, including a stabilised all weather access point, must be in place prior to works commencing and maintained during construction and until the site is stabilised to ensure their effectiveness. For major works, these measures must be maintained for a minimum period of six months following the completion of all works.

46. Adjoining Property Dilapidation Report

A dilapidation report must be prepared and submitted by a structural engineer recording the condition of any dwelling or ancillary structures on 11 Parsonage Road and 4 Marie Street within the likely zone of influence from any excavation, dewatering or construction induced vibration.

47. Separate OSD Detailed Design Approval

No work is to commence until a detailed design for the OSD system has been approved by either Council or an accredited certifier.

DURING CONSTRUCTION 48. 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.

49. Compliance with BASIX Certificate

Under clause 97A of the Environmental Planning and Assessment Regulation 2000, it is a condition of this Development Consent that all commitments listed in BASIX Certificate No. 597060M be complied with. Any subsequent version of this BASIX Certificate will supersede all previous versions of the certificate.

A Section 96 Application may be required should the subsequent version of this BASIX Certificate necessitate design changes to the development. However, a Section 96 Application will be required for a BASIX Certificate with a new number.

50. 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. Council will exercise its powers under the Protection of the Environment Operations Act, in the event that the building operations cause noise to