DA No.DA2008/0624 D

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SUMMARY OF NOTICE OF DETERMINATION OF DEVELOPMENT

Development Application No: DA2008/0624

DEVELOPMENT APPLICATION DETAILS

Applicant Name: Red Rock Design

Applicant Address: 10/246 Pacific Highway CROWS NEST NSW 2065

Land to be developed (Address): Lot 8, DP 14564, 5 Ronald Avenue FRESHWATER NSW 2096

Proposed Development: Alterations and additions to existing dwelling together with a detached double garage

DETERMINATION

Made on (Date): 5 June 2008

Consent to operate from (Date): 5 June 2008

Consent to lapse on (Date): 5 June 2011

Details of Conditions

The conditions, which have been applied to the consent, aim to ensure that the Environmental Impacts of Development are minimised and the Health and Safety of the community is maintained in accordance with the relevant standards and the Building Code of Australia.

NOTE:

If the works are to be certified by a Private Certifying Authority, then it is the certifier’s responsibility to ensure all outstanding fees and bonds have been paid to Council prior to the issue of the Construction Certificate or as otherwise specified by Consent conditions.

Pursuant to Section 95(2) of the Environmental Planning and Assessment Act 1979, Council has varied the provisions of Section 95(1) and advise that the consent will lapse 3 years from the date upon which the consent operates.

Section 95A of the Environmental Planning and Assessment Act 1979, allows for an extension of 1 year to the period in which the consent will lapse, except for complying development. Such an application must be made in accordance with Clause 114 of the Environmental Planning and Assessment Regulation 2000.

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GENERAL CONDITIONS

CONDITIONS THAT IDENTIFY APPROVED PLANS

Approved Plans And Supporting 1. Documentation

The development is to be carried out in compliance with the following plans and documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of consent:

Drawing Number Dated Prepared By

01, 02 and 03 (Issues B) April 2008 Red Rock Design

No construction works (including excavation) shall be undertaken prior to the release of the Construction Certificate.

Note: Further information on Construction Certificates can be obtained by contacting Council’s Call Centre on 9942 2111, Council’s website or at the Planning and Assessment Counter.

Reason: To ensure the work is carried out in accordance with the determination of Council and approved plans. (DACGBapasd)

2. Building Code of Australia

All building work must be carried out in accordance with the provisions of the Building Code of Australia.  Reason: Prescribed - Statutory. (DACGBbca)

3. Amended Plans

Amended plans are to be submitted with the application for a Construction Certificate deleting the balustrade above the garage. This area is to remain non-trafficable.

Reason: To ensure compliance with the approved development and Front Building Setback provisions of Warringah LEP 2000. (DACGBdef)

4. New Development Application Required

This consent includes alterations and additions to the existing building only. If during the course of certification, demolition or construction, the remaining fabric of the building is removed or demolished a new development application may be required and relevant planning controls including BASIX may apply.

Reason: To ensure compliance with the approved plans. (DACGBndar)

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CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF THE CONSTRUCTION CERTIFICATE

Stormwater to be Gravity 5. Fed- Minor Works

Stormwater shall be gravity fed to Council’s nearest stormwater drainage system in accordance with the provisions of AS3500.3.2.  Details demonstrating compliance with this requirement are to be submitted with the Construction Certificate.

Reason: To ensure appropriate drainage and stormwater management on site to protect amenity of residents. [C11]

6. Sydney Water Approval

The approved consent plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped.

Please refer to the web site www.sydneywater.com.au <http://www.sydneywater.com.au> for:

Quick Check agents details - see Building Developing and Plumbing then Quick Check; and

Guidelines for Building/over Adjacent to Sydney Water Assets - see Building Developing and Plumbing then Building and Renovating.   Or telephone 13 20 92.

The Certifying Authority must ensure that a Quick Check agent/ Sydney Water has appropriately stamped the plans prior to the issue of any Construction Certificate.

Reason: To ensure compliance with the statutory requirements of Sydney Water. (DACECswa)

7. Vehicle Crossings Application - Formwork Inspection

An application for street levels and payment of the associated fee shall be made with Council.  This application includes the approval and all Council inspections relating to the driveway construction and the associated fee must be paid prior to the issue of the Construction Certificate.

Reason: To facilitate suitable vehicular access to private property.

8. Development/Construction Security Bond

A bond (determined from cost of works) of $1,000 must be deposited with Council and an inspection fee paid of $200 prior to the issue of any Construction Certificate. This bond is to ensure the rectification of any damage that may occur to the Council infrastructure contained within the road reserve adjoining the site as a result of construction or the transportation of materials and equipment to and from the development site.

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Reason: To ensure adequate protection to Council infrastructure.

Garage

9. Floor Level

The garage floor level is to be lowered to RL 38.10. Amended plans demonstrating compliance are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure the adequate provision of vehicular access.

10. Vehicle Crossings

The provision of 1 vehicle crossing 5 metres wide in accordance with Warringah Council Drawing No A4-3330/2 Normal high and specifications.  An Authorised Vehicle Crossing Contractor shall construct the vehicle crossing and associated works within the road reserve in plain concrete. All redundant laybacks and crossings are to be restored to footpath/grass. Prior to the pouring of concrete, the vehicle crossing is to be inspected by Council and a satisfactory “Vehicle Crossing Inspection” card issued.

For details see Warringah Council's website <http://www.warringah.nsw.gov.au> or phone (02) 99422111.

Reason: To facilitate suitable vehicular access to private property.

11. Layback Construction

A layback 5 metres wide (excluding the wings) is to be constructed in accordance with Warringah Council Drawing No A4-2276 and specifications.

Reason: To facilitate suitable vehicular access to private property.

12. Public Liability Insurance - Works on Public Land

Any person or contractor undertaking works on public land must take out Public Risk Insurance with a minimum cover of $10 million in relation to the occupation of, and approved works within Council’s road reserve or public land, as approved in this consent.  The Policy is to note, and provide protection for Warringah Council, as an interested party and a copy of the Policy must be submitted to Council prior to commencement of the works. The Policy must be valid for the entire period that the works are being undertaken on public land.

Reason: To ensure the community is protected from the cost of any claim for damages arising from works on public land.

13. Road Opening Permit

The developer/applicant is to obtain a “Road Opening Permit” from Council and pay all appropriate charges prior to commencement of any work on Council property. The developer/applicant shall be responsible for all public utilities and services in the area of the work, and as such shall notify all relevant Authorities, and bear all costs associated with any repairs and/or adjustments as those Authorities may deem necessary.

Reason: Statutory requirement (Roads Act 1993).

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Damage to Public 14. Infrastructure

The applicant shall bear the cost of all restoration works to Council’s property damaged during the course of this development. The applicant shall advise Council, in writing, of any existing damage to Council property.

A dilapidation survey of Council’s assets, including photographs and written record, must be prepared by a suitably qualified person and submitted to Council prior to the issue of the Construction Certificate.

Note: This documentation will be used to resolve any dispute over damage to infrastructure. It is in the applicant’s interest for it to be as full and detailed as possible.

Reason: To ensure the protection of existing built public infrastructure. (DACECdpi)

15. BASIX Certification

The development shall fully comply with the schedule of BASIX Commitments. Plans and specifications that reflect those commitments identified on the BASIX Certificate to be satisfied prior to the issue of the Construction Certificate, shall be submitted to the Certifying Authority prior to the release of the Construction Certificate.

Reason: To ensure the development complies with the requirements of the SEPP (Building sustainability index: BASIX 2004). (DACGCbc)

16. No External Service Ducts

Service ducts shall be provided within the building to keep external walls free of plumbing or any other utility installations. Such service ducts are to be concealed from view from the street. Details demonstrating compliance are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure quality built form of the development. (DACGCnesd)

17. Roofing Materials - Reflectivity

The external finish to the roof shall have a medium to dark range in order to minimise solar reflections to neighbouring properties. The metal roof shall not be of light colours such as off white, cream, silver or light grey colours. Details are to be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

Reason: To ensure that excessive glare or reflectivity nuisance from roofing materials does not occur as a result of the development. (DACGCrmr)

18. Section 94A Contribution

$2,530 is to be paid to Warringah Council as a Section 94A levy prior to the issue of the Construction Certificate.

This amount has been calculated using the Warringah Section 94A Development Contributions Plan. The amount will be adjusted at the time of payment according to the quarterly CPI (Sydney - All Groups Index).

Please ensure that you provide details of this Consent when paying contributions so that they can be easily recalculated.

The basis for the contributions is as follows:

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Warringah Section 94A Development Contributions Plan

Contribution based on total development cost of $ 253,000.00

Contribution - all parts Warringah Levy

Rate

Contribution

Payable

Council

Code

Total S94A Levy 0.95% $2,404 6923

S94A Planning and Administration 0.05% $127 6924

Total 1.0% $2,530

Reason: To retain a level of service for the existing population and to provide the same level of service for the population resulting from new development. (dacgcS94ac) Structural Adequacy of Existing Building

19. - Additional Storey

A certificate prepared by an appropriately qualified and practising Structural Engineer, certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads shall be submitted to the Certifying Authority prior to the issue of the Construction Certificate.  Reason: To ensure the structural integrity of the building is maintained. (DACGCsaeb)

Simon has to issue a certificate to the Certifying Authority prior to the issue of the Construction Certificate that the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads

20. Structural Design Certificate

Structural drawings and certificate from a qualified structural engineer, certifying that the design is in accordance with all relevant Australian Standards and design codes shall be submitted to the Certifying Authority prior to issue of the Construction Certificate.  Reason: To ensure the safety and structural adequacy of the approved development and compliance with the appropriate Australian Standards. (DACGCsdc)

Simon has to issue structural drawings and a certificate to the Certifying Authority which certifies that the design is in accordance with all relevant Australian Standards and design codes prior to the issue of the Construction Certificate

21. Long Service Levy

Payment of the Long Service Levy is required prior to the release of the Construction Certificate. This payment can be made at Council or to the Long Services Payments Corporation. Payment is not required where the value of the works is less than $25,000. The Long Service Levy is calculated on 0.35% of the building and construction work.

The levy rate and level in which it applies is subject to legislative change. The applicable fee at the time of payment of the Long Service Levy will apply.

On $300,000 this seems to be $1,050.00

Reason: Prescribed - Statutory. (DACGClsl)

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CONDITIONS THAT MUST BE ADDRESSED PRIOR TO ANY COMMENCEMENT

22. Special Permits

Unless otherwise specifically approved in writing by Council, all works, processes, storage of materials, loading and unloading associated with the development are to occur entirely on the property. The applicant, owner or builder must apply for specific permits available from Council’s Customer Service Centre for the undermentioned activities on Council’s property pursuant to Section 138 of the Roads Act 1993.  A minimum of forty-eight (48) hours notice is required for all permits except work zones, which may require additional assessment time. (See below)

Storage of building materials and building waste containers (skips) on Council’s property

Permits to utilise Council property for the storage of building materials and building waste containers (skips) are required for each location. Failure to obtain the relevant permits will result in the building materials or building waste containers (skips) being impounded by Council with no additional notice being given.

Kerbside restrictions, work zones

Existing kerbside restrictions apply. An application must be made to Council for the alteration of existing kerbside restrictions or the provision of a construction zone.  Reason: Proper management of public land. (DACEDsp)

Excavation/23. Building Works

No excavation or building works shall be carried out until a Construction Certificate has been issued.

Reason: To ensure compliance with statutory provisions. (DACGDebw)

24. Home Building Act

(1)        Building work that involves residential building work (within the meaning and exemptions provided in the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development to which the work relates:

            (a)   in the case of work to be done by a licensee under that Act:

                   (i)     has been informed in writing of the licensee’s name and contractor licence number, and

                   (ii)    is satisfied that the licensee has complied with the requirements of the Home Building Act,

          or

           (b)   in the case of work to be done by any other person:

                  (i)   has been informed in writing of the person’s name and owner-builder permit number, or

                  (ii)  has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in section 29 of that Act, [$3,000] and is given appropriate information and declarations under paragraphs (a) and

        (b)            whenever arrangements for the doing of the work are changed in such a manner as to render out of date any information or declaration previously given under either of those paragraphs.

Note: The amount referred to in paragraph (b)(ii) is prescribed by regulations under the Home Building Act 1989.  As at the date on which this Regulation was gazetted, that amount was $3,000. As those regulations are amended from time to time, that amount may vary.

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(2)        A certificate purporting to be issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that a person is the holder of an insurance policy issued for the purposes of that Part is, for the purposes of this clause, sufficient evidence that the person has complied with the requirements of that Part.

(3)        If arrangements for doing residential building work are changed while the work is in progress so that the information submitted to Council is out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council), has given the Council written notice of the updated information.

Reason: Prescribed - Statutory. (DACGDhba)

In order to issue the Construction Certificate, Warringah Council wants evidence of the Builder's "Home Warranty Insurance Certificate".  Dept of Fair Trading website says "The builder or tradesperson must take out home warranty insurance if the value of the contract is more than $12,000. The builder must not accept payment or commence work prior to obtaining a certificate of home warranty insurance.

The Home Warranty Insurance Scheme was established under the Home Building Act 1989 and began on 1 May 1997 in NSW. Since then, the scheme has undergone some changes:
  • 1 May 1997 – Home warranty insurance cover for breach of statutory warranty to be provided by private insurance companies. All builders and tradespeople required by law to give home warranty insurance certificate to home owners for work over $5,000. 
  • 1 April 2002 – The threshold of insurance has been increased from $5,000 to $12,000.
  • 1 July 2002 – Further changes introduced, including the reduction of the required insurance cover from seven to six years for structural work. These changes are summarised below.

 

Notice 25. of Commencement

At least 2 days prior to work commencing on site Council must be informed, by the submission of a Notice of Commencement in Accordance with Section 81A of the Environmental Planning and Assessment Act 1979 of the name and details of the Principal Certifying Authority and the date construction work is proposed to commence.

Reason: Legislative requirement for the naming of the PCA. (DACGDnc)

26. Site Sign

(1)       A sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

           (a)         stating that unauthorised entry to the work site is prohibited;

(b)        showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

(c)       showing the name, address and telephone number of the Principal Certifying Authority for the work.

(2)       Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.

(3)       This condition does not apply to building works being carried out inside an existing building.

Reason: Statutory requirement. (DACGDss)

CONDITIONS THAT MUST BE COMPLIED WITH DURING DEMOLITION AND BUILDING WORK

27. Prohibition on Use of Pavements

No building, demolition, excavation or material of any nature shall be placed on Council's footpaths, roadways, parks or grass verges without prior Council Approval.  Reason: To ensure public safety and amenity on public land. (DACEEpup)

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Installation and Maintenance of

28. Sediment Control

Techniques used for erosion and sediment control on building sites are to be adequately maintained at all times and must be installed in accordance with Warringah Council Specifications for Erosion and Sediment Control. All techniques shall remain in proper operation until all development activities have been completed and the site fully stabilised.  Reason: To protect the environment from the effects of sedimentation and erosion from development sites.  (DACEEimsc)

29. Maintenance of Road Reserve

The public footways and roadways adjacent to the site shall be maintained in a safe condition at all times during the course of the work.  Reason: Public Safety. (DACEEmrr)

30. Aboriginal Heritage

If in undertaking excavations or works, any Aboriginal site or object is, or is thought to have been found, all works are to cease immediately and the applicant is to contact the Aboriginal Heritage Officer for Warringah Council, and the Cultural Heritage Division of the Department of Environment and Climate Change (DECC).

Any work to a site that is discovered to be the location of an Aboriginal object, within the meaning of the National Parks and Wildlife Act 1974, requires a permit from the Director of the DECC.   Reason: Aboriginal Heritage Protection. (DACGEah)

31. Plant & Equipment Kept Within Site

All plant and equipment used in the erection of the building, including concrete pumps, wagons, lifts, mobile cranes, etc, shall be situated within the boundaries of the site and so placed that all concrete slurry, water, debris and the like shall be discharged onto the building site, and is to be contained within the site boundaries. This condition shall be complied with during demolition and building work.  Reason: To ensure public safety and amenity on public land. (DACGEpekws)

32. Plans on Site

A copy of all stamped approved plans, specifications and documents (including the Construction Certificate if required for the work incorporating certification of conditions of approval) shall be kept on site at all times so as to be readily available for perusal by any officer of Council or the Certifying Authority.  Reason: To ensure that the form of the development undertaken is in accordance with the determination of Council, Public Information and to ensure ongoing compliance. (DACGEpos)

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33. Removal of Extra Fabric

Should any portion of the existing building, trees, or curtilage of the site which is indicated on the approved plans to be retained be damaged for whatever reason, all the works in the area of the damaged portion are to cease and written notification given to Council. No work is to resume until the written approval of Council is obtained. Failure to comply with the provisions of this condition will result in the Council taking further action including legal proceedings if necessary.  Reason: To ensure compliance with the terms of this development consent. (DACGEref)

34. Construction Hours

Building construction shall be restricted to within the hours of 7.00 am to 5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays.

Demolition and excavation works shall be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. (Excavation work includes the use of any excavation machinery and the use of jackhammers, rock breakers, excavators, loaders and the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site).

Where it is necessary for works to occur outside those hours allowed by these conditions, approval for such will be subject to issue of a permit on each occasion from Council's Customer Services Centre. Such permit must be obtained and the appropriate fee paid at least two (2) clear working days in advance of each relevant date. Such occurrence shall be limited to two occasions per calendar month and shall only be approved if public safety or convenience is at risk.  Note: Failure to obtain a permit for work outside of the approved hours will result in on the spot fines being issued, or Council pursuing any action required (including legal proceedings) to have the out of hours work cease, without prior warning.  Reason: To ensure that works do not interfere with reasonable amenity expectations of residents and the community. (DACGEch)

35. Excavation / Backfilling

All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with appropriate professional standards.

All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.  Reason: To ensure that work is undertaken in a professional and responsible manner and protect adjoining property and persons from potential damage. (DACGEeb)

36. Health and Safety

The work undertaken must satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements.  Reason: To ensure the health and safety of the community and workers on the site. (DACGEhs)

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37. Dust emission and air quality

Materials must not be burnt on site. Vehicles entering and leaving the site with soil or fill material must be covered.

Dust suppression measures must be carried out to minimise wind-borne emissions in accordance with the Landcom’s Managing Urban Stormwater: Soils and Construction (The ‘Blue Book’). Odour suppression measures must be carried out so as to prevent nuisance occurring at neighbouring properties.  Reason: To ensure residential amenity is maintained in the immediate vicinity. (DACHEdeaq)

38. Noise and Vibration

Noise emissions and vibration must be minimised where possible and work is to be carried out in accordance with Department of Environment and Climate Change (formerly) Environment Protection

Authority guidelines for noise emissions from construction/demolition works and must also comply with the provisions of the Protection of the Environment Operations Act 1997. This Condition must be complied with during demolition and building work.  Reason: To ensure residential amenity is maintained in the immediate vicinity. (DACHEnv)

39. Removing, Handling and Disposing of Asbestos

Any works involving asbestos based products in relation to removal, handling and disposing of material must be undertaken in accordance with all relevant Acts, Regulations, Guides and Codes.

Note: The following standards applied at the time of determination:

Code of Practice for the Safe Removal of Asbestos [NOHSC:2002 (1998)] and

Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1998)]

Reason: To ensure the long term health of workers on site and occupants of the building is not put at risk unnecessarily. (DACHErhda)

40. Protection of Trees During Works

All trees that are to be specifically nominated to be retained by notation or condition as a requirement of development consent shall be maintained and protected during demolition, excavation and construction on the site. Details of required protection methods shall be provided to the Certifying Authority by an appropriately qualified person prior to commencement of any works on the site.  Reason: To ensure compliance with the requirement to retain significant planting on the site.

41. Identification and Protection of Trees

(1) All trees identified for retention/protection are to be clearly identified by signage as protected trees.

(2) The primary root zone areas of the trees identified for protection are to be protected by Reason: To protect trees to be retained.

42. Protection of Trees

All trees which are not listed as exempt or noxious in Warringah that are not indicated for removal on Proposed Floor Plans and Elevations Drawing number 03B prepared by Red Rock Design dated 23.4.08 are to be protected. Removal of the street tree on Ronald Avenue must be undertaken by a Council approved contractor. Contact Council’s Tree Management Unit for the current list prior to removal of works.  Reason: Protection of existing environmental infrastructure and community assets.

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43. Trees

(1) Tree roots of 50mm or greater in diameter encountered during excavation, shall only be cut following consultation with a qualified Arborist. Tree roots between 10mm and 50mm in diameter, severed during excavation, shall be cut cleanly by hand.

(2) The following guidelines are to be complied with at all times:

(a) The applicant shall ensure that at all times during the development period no activities, storage or disposal of materials shall take place beneath the canopy of any tree covered under Council’s Tree Preservation Order unless specifically approved by Council.

(b) Trees marked for retention are not to be damaged or used to display signage, or as fence or cable supports for any reason.

(c) Siting of sheds, stockpiles and vehicle parking should be sited so that they are remote from trees.

(d) Site personnel are to be made aware of tree requirements and protective measures. Paving materials placed within the dripline of any tree should be of a porous material.

(3) During the construction period the applicant is responsible for ensuring all protected trees are maintained in a healthy and vigorous condition. This is to be done by ensuring that all identified tree protection measures are adhered to. In this regard all protected plants on this site shall not exhibit:

(a) A general decline in health and vigour.

(b) Damaged, crushed or dying roots due to poor pruning techniques.

(c) More than 10% loss or dieback of roots, branches and foliage.

(d) Mechanical damage or bruising of bark and timber of roots, trunk and branches.

(e) Yellowing of foliage or a thinning of the canopy untypical of its species.

(f) An increase in the amount of deadwood not associated with normal growth.

(g) An increase in kino or gum exudation.

(h) Inappropriate increases in epicormic growth that may indicate that the plants are in a stressed condition.

(i) Branch drop, torn branches and stripped bark not associated with natural climatic conditions.

The presence of any of these symptoms or signs may be considered by Council as a breach of the Conditions of Development Approval.

(4) All trees on neighbouring properties are to be protected from adverse impacts caused by the works. Any excavations or changes of level occurring within the canopy of trees on neighbouring properties shall only be undertaken following consultation by a suitably qualified Arborist.

Any mitigating measures and recommendations required by the Arborist are to be implemented.

The owner of the adjoining allotment of land is not liable for the cost of work carried out for the purpose of this clause.

Reason: Protection of trees.

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44. Tree Pruning

Any tree pruning necessary for construction shall be carried out under the supervision of an appropriately qualified Arborist and be in accordance with the relevant Australian Standards.

Note: The following Australian Standard applied at the time of determination:

· Australian Standard AS 4373.2007 - Pruning of Amenity Trees.

Reason: To ensure protection and longevity of existing trees.

45. Required Tree Planting

Trees shall be planted in Council’s nature strip/footpath in accordance with the following schedule prior to the issue of an Interim/Final Occupation Certificate;

Schedule

Tree Species Location Pot Size

Banksia integrifolia As indicated on drawing No. 03B 75 ltr

Reason: To ensure that replacement plantings are provided to enhance community landscaped amenity and cultural assets.

46. Reinstatement of Kerb

Prior to the issue of an Interim/Final Occupation Certificate all redundant laybacks and vehicular crossings shall be reinstated to conventional kerb and gutter, footpath or grassed verge as appropriate with all costs borne by the applicant.  Reason: To facilitate the preservation of on street parking spaces.

CONDITIONS WHICH MUST BE COMPLIED WITH PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

46. Occupation Certificate Required

An Interim / Final Occupation Certificate shall be obtained in relation to the approved works prior to any use or occupation of those parts of the building.

Note: In issuing an Interim / Final Occupation Certificate the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning and Assessment Act 1979 have been satisfied.  Reason: To ensure compliance with the provisions of the Environmental Planning and Assessment Act.  (DACGFocr)

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47. Smoke Alarms

Smoke alarms are to be installed throughout the new and existing portions of the Class 1a building in accordance with the Building Code of Australia prior to the occupation of the new works.  Reason: Compliance with BCA and safety of occupancies

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Right to Review by the Council

You may request the Council to review the determination of the application under Section 82A of the

Environmental Planning & Assessment Act 1979. Any request to review the application must be within 12 months after the date of determination shown on this notice.   NOTE: A fee will apply for any request to review the determination.

Right of Appeal

If you are dissatisfied with this decision Section 97 of the Environmental Planning & Assessment Act 1979 may

give you the right to appeal to the Land and Environment Court within 12 months after the date on which you

receive this notice.

Signed on behalf of the consent authority

Signature ______________________________

Name

RYAN COLE Date: 05/06/08

ACTING MANAGER, PLANNING AND DEVELOPMENT SERVICES