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SUBJECT: N0327/06 - Development Application - 394 Barrenjoey Road, Newport for alterations and additions to the existing Newport Surf Club Building. Determination Level: Date: 21 December 2006 Development Unit SUMMARY OF RECOMMENDATION CONSENT WITH CONDITIONS REPORT PREPARED BY: Kimberley Munn APPLICATION SUBMITTED ON: 23 June 2006 APPLICATION SUBMITTED BY: NEWPORT SURF LIFE SAVING CLUB PO BOX 57 NEWPORT 2106 OWNER(S): DEPARTMENT OF LANDS (OwnNR) DEPARTMENT OF LANDS (OwnNR) 1.0 DEVELOPMENT CONTROLS The land is zoned 6(a) Existing Recreation pursuant to Pittwater LEP 1993. The proposed works being alterations and additions to the existing Newport Surf Club Building is permissible with development consent pursuant to the Newport Beach Plan of Management and the zoning table of Clause 9 in Pittwater LEP 1993. The proposal is also subject to consideration under Draft Pittwater 21 LEP, Pittwater 21 DCP, The Newport Beach Plan of Management and State Environmental Planning Policy No. 71 - Coastal Protection. As the site contains a building which is currently proposed to be Heritage Listed as part of Amendment 81 to Pittwater LEP 1993, consideration has been given to the Heritage provisions in Division 8 of Pittwater LEP 1993. The site is also subject to consideration under Pittwater DCP No. 15 Heritage Conservation. The proposal is also subject to consideration under Pittwater Flood Risk Management Development Control Plan N0. 30. The building is considered to be within the active wave zone and consideration has been given to the Coastal Management Strategy - Warringah Council June 1985. 2.0 NOTIFICATIONS One Hundred and Nine (109) including Newport Resident Association and Dearin Park Foreshore Preservation Committee property owners notified No submissions were received 3.0 ISSUES B3.1 Flood hazard A1.7 Considerations before consent is granted C5.5 Accessibility D10.4 Building colours, materials and construction D10.5 Height 4.0 COMPLIANCE TABLE T - Can the proposal satisfy the technical requirements of the control? O - Can the proposal achieve the control outcomes? N - Is the control free from objection? Control Standard REF - Development Engineer B3.1 Flood hazard Proposal T ON Council's Director of Urban and Environmental Assets has reviewed the proposal and has considered the proposed development to be acceptable. B5.2 Stormwater management - rainwater tanks B5.4 Stormwater discharge into public domain B5.5 Stormwater discharge into waterways and coastal areas B5.6 Stormwater easements and watercourses B6.2 Access driveways - all development other than up to 2 dwellings B6.3 Transport and Traffic Management - other than up to 2 dwellings B6.5 Off-street vehicle parking requirements - all development other than up to 2 dwellings B6.6 On-street parking facilities - all development other than up to 2 dwellings B8.1 Construction and demolition - excavation and landfill B8.2 Construction and demolition - erosion and sediment management B8.3 Construction and demolition - waste minimisation B8.4 Construction and demolition - site fencing and security B8.5 Construction and Report to Development Unit for Meeting to be held on 21 December 2006 - - - - - - - - - - - - - - - - - - - Page 2 Control Standard demolition - works in the public domain REF - Development Officer A1.7 Considerations before consent is granted B1.1 Submission of a completed Development application Form and payment of appropriate fee B1.2 Submission of a Statement of Environmental Effects B1.3 Submission of supporting documentation site plan / survey plan / development drawings B1.4 Notification B1.5 Building Code of Australia B1.7 Designated Development B1.8 Integrated Development: National Parks and Wildlife Service (NPWS) - Species Impact Statement B1.10 Integrated Development: Water Supply B1.14 Integrated Development: Aboriginal Objects and Places B3.7 Acid sulfate soils B3.8 Contaminated land and potentially contaminated land B5.1 Wastewater management C1.14 Separately accessible structures C2.14 Commercial swimming pools C5.1 Landscaping C5.2 Safety and security C5.3 Use of public areas Proposal T ON The subject building is proposed to be heritage listed under Draft LEP 1993 Heritage Conservation Amendment No. 81. As such, an assessment has been provided in relation to Council's Heritage Controls. The applicant can provided a copy of Council's written agreement to the lodgement of this development application. Report to Development Unit for Meeting to be held on 21 December 2006 - - - - - - - - - - - - - - - - - - Page 3 Control (for cafe seating, merchandise etc) C5.4 View sharing C5.5 Accessibility C5.7 Energy and water conservation C5.10 Protection of residential amenity C5.11 Advertisements C5.14 Car/vehicle/boat wash bays C5.15 Undergrounding of utility services C5.16 Building facades D10.1 Character as viewed from a public place D10.3 Scenic protection Standard Proposal T ON Building lines and The proposed height of the addition height are to be does not exceed the existing ridge and sympathetic to the is unlikely to result in a loss of views topography of the site from neighbouring properties. The and to maintain a proposal satisfies this control. reasonable sharing of views from surrounding and nearby properties. Disabled Access is provided to the existing dwelling by a proposed lift. As part of the development application a Disability Access Report has been provided by Disability Access Consultants dated 13 December 2006. The Report concludes that if the premise is constructed in accordance with the architectural drawings and the recommendations of the access report, the building will achieve compliance with the Australian Standard AS1428.1 and will be consistent with the intent of the Disability Discrimination Act 1992. The existing surf club building is sufficiently provided with spatial separation from nearby residential properties and is therefore unlikely to result in adverse impacts upon privacy and will not result in additional overshadowing of residential properties. The application does not provide for - - new signage. - - - - The proposed development involving the addition of a first floor is considered to be of an appropriate design which is not detrimental to the character of the Locality. The proposal will provide a symmetrical presentation to Newport Beach. The proposal is considered to be of an appropriate design which does not Report to Development Unit for Meeting to be held on 21 December 2006 Page 4 Control Standard Proposal T ON result in adverse visual impacts on the natural environment when viewed from Newport Beach. D10.4 Building colours, The external colours The proposed colours and finishes materials and construction and materials should match the existing building. The be dark, earthy and of proposed roof surface will be clad in a low reflectivity which tiles matching the existing dark complies with Council's coloured non-reflective finish. The colour palette for the paint finish of the external walls is locality. yellow in colour and not consistent with the control. D10.5 Height The maximum height of The proposed addition will have a the structure shall be height of approximately 9.2m with 8.5m. RL14.650 and does not comply with the technical requirements of the control. D10.6 Front building line The proposal does not seek to alter the existing front building line and therefore does not result in a further breach of the required front building line. D10.7 Side and rear The proposal for a first floor addition building line does not alter the existing side and rear building lines. D10.8 Foreshore building The existing building is dissected by line the foreshore building line. However, the proposal is for a first floor addition and does not seek to alter the building's footprint and therefore does not result in a further breach of the foreshore building line. D10.12 Fences - General - - SEPP No 71 Coastal The proposal will create a symmetrical Protection and appropriate presentation to the waterway and will not result in adverse impacts upon the coast line. Other State Environmental Planning Policies (SEPPs) REF - Natural Resources B4.3 Biodiversity protection Category 3 Land *Issues marked with an x are discussed later in the report. Issues marked with a - are not applicable to this Application. Report to Development Unit for Meeting to be held on 21 December 2006 Page 5 5.0 SITE DETAILS The Newport Surf Club building is located on the eastern side of Barrenjoey Road and has a direct frontage to Newport Beach. The site is irregular in shape and is relatively flat. The site contains several significant Norfolk Island Pines. The existing building is two storeys in scale and has a carparking area adjacent to Barrenjoey Road. 6.0 PROPOSAL IN DETAIL The applicant seeks consent to undertake alterations and additions to the existing Newport Surf Club building. The proposed works include: - a first floor addition (52m²)to be construction of over the existing male amenities and lifeguard facilities at the southern end of the building; - the first floor addition will accommodate a commercial kitchen and toilet facilities including accessible sanitary facility; - internal reconfiguration at ground floor level to provide a new male showers and change room, gymnasium and Nippers room; and - addition of a lift to provide accessible access to the first floor of the building. 7.0 BACKGROUND By Letter dated 3 August 2006 Council raised concerns with the Surf Club in relation to the provision of disabled access being provided to the first floor of the building and issues relating to the building's proximity to the Pacific Ocean and it being within the active wave zone and the requirement of a report by a suitably qualified engineer to be provided. Concern was also raised in relation to the building being on the Draft Heritage list and requirement for an assessment in relation to the significance of the building. Clarification was also sought in relation to the proposed use of the building and new commercial kitchen. Additional information was provided to Council on 11 September 2006, this included a copy of engineering report dated 1995. A meeting was held with the Surf Club in September in relation to the building needing to provide disabled access and the issue relating to the building being located within the active wave zone. On 5 October 2006 Council's Director of Urban & Environmental Assets indicated that a new engineering report would not be required, however if the applicant wished to rely on the 1995, concurrence would be required from UniSearch would had prepared the report. The advice also indicated no further extensions should be supported after this development. On 30 October 2006 a meeting was held at Council with representatives from the Surf Club and Council staff to discuss the provision of disabled access. Subsequent to this, the proposal was amended to provide a lift which provides accessible access to the first floor of the building. This information was provided to Council on 13 December 2006. 8.0 STATE ENVIRONMENTAL PLANNING POLICY NO. 1 (SEPP No. 1) Does the proposal rely on SEPP No. 1? No Report to Development Unit for Meeting to be held on 21 December 2006 Page 6 9.0 EXISTING USE RIGHTS Does the proposal rely on Existing Use Rights? No 10.0 DISCUSSION OF ISSUES B3.1 Flood hazard The position of the surf club is such that it is not affected by flooding. The floor levels of the building are above the Probable Maximum flood levels and therefore flooding is not an issue. However the location of the building means it is positioned within the active wave zone and subject to coastal processes. The applicant seeks to rely on a Coastal Engineering Report by UniSearch and dated February 1995 in relation to the proposed development. This report clearly states that the club building is under threat from "storm erosion and damage". However, it is concluded that given the proposed works at the time (1995 second storey addition) were of a minor nature and that the building was a public building and the proposed works were acceptable. The applicant’s position is that the current application is similar to the previous development which was for a second storey addition with an approximate floor area of 50m² and did not involve the extension of the building's footprint and as such an additional coastal risk assessment is not required. Council Urban and Environmental Asset’s department has considered the application and is also of the opinion a new coastal engineering report is not required due to the similarities of the development to the previous and it being unlikely that the report would change its conclusions. However, they have recommended if the application be approved, the author of the report provide their concurrence for their report to be used as part of this application. In addition, no further extension of any kind to this building is permitted. In this regard, appropriate conditions of consent have been included in the recommendations to this affect. A1.7 Considerations before consent is granted The subject building is proposed to be heritage listed under Draft LEP 1993 Heritage Conservation Amendment No. 81. The application was referred to Council's Heritage Consultant who provided the following comments: “…a new southern access door to a lobby for a disabled patrons' lift, appears to present no serious heritage issues...The plan will have to be translated into an acceptable elevational treatment, and a framed glazed door properly related in style, scale and placement to the elevation, and in particular the main entrance door, will need to be detailed. However in principle, the design concept appears workable.” As part of the recommendations of this report, conditions have been included ensuring the integrity of the building and detailing is not compromised and the addition is not unsympathetic to the existing significant building. Subject to compliance with these conditions, the proposal will be considered acceptable. C5.5 Accessibility Pedestrian access to the existing premises is provided via a paved area and stair access. This is not suitable for persons with a mobility disability. The proposal therefore provides for a Report to Development Unit for Meeting to be held on 21 December 2006 Page 7 separate continuous path of travel in lieu of the existing principal entrance to the building which is considered satisfactory in this circumstance due to the heritage restrictions of the existing building and proximity of the principal entrance of the building. Access to the first floor is provided via a new internal lift. In addition, a new unisex accessible sanitary facility has been provided on this level and has been designed in accordance with AS1428.1. The Report concludes that if the premises is constructed in accordance with the architectural drawings and the recommendations of the access report, the building will achieve compliance with the Australian Standard AS1428.1 and will be consistent with the intent of the Disability Discrimination Act 1992. The proposal is considered satisfactory and complies with the requirements of this control. D10.4 Building colours, materials and construction The proposed paint finish of the building will be yellow in colour to match the existing building. Whilst, the proposal is not consistent with Council's colour palette, the proposed works are considered to be of a minor nature and to require strict compliance would be unreasonable in this circumstance. The proposal is therefore considered to be acceptable and variation supported. D10.5 Height The proposed height of approximately 9.2m and exceeds the maximum height of 8.5m. The proposal can be considered appropriate in this circumstance for the following reasons: - The proposal maintains the existing ridge height of the existing building and to require a complying height would be detrimental to the character and significance of the building; - The proposal achieves the desired future character of the Locality; - The proposed height despite its non-compliance is still below the canopy level; - The proposal will not result in a loss of views from public and private places; and - The proposed additional built form will not dominate the natural setting. As the proposal is deemed to achieve the outcomes of the control, the proposed technical noncompliance is considered acceptable in this circumstance. 11.0 CONCLUSION The Development Application has been assessed in accordance with the provisions of Section 79C of the Environmental Planning and Assessment Act 1979, Pittwater Local Environmental Plan 1993, draft Pittwater 21 LEP and Pittwater 21 DCP and other relevant Council policies. The proposal is considered to be consistent with the relevant Council statutory and policy controls and where a technical compliance could not be achieved, the proposal has been considered to be consistent with the outcomes of the control and has been supported on a merit basis. Accordingly, the application is recommended for Consent. Report to Development Unit for Meeting to be held on 21 December 2006 Page 8 RECOMMENDATION OF DEVELOPMENT OFFICER That Council as the consent authority pursuant to Section 80 of the Environmental Planning and Assessment Act 1979 grant consent to Development Application N0327/06 for alterations and additions to the existing Newport Surf CLub Building at 394 Barrenjoey Road, Newport subject to the conditions of consent. Report prepared by Kimberley Munn DEVELOPMENT OFFICER Report to Development Unit for Meeting to be held on 21 December 2006 Page 9 DRAFT DETERMINATION CONSENT NO: N0327/06 ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979 (AS AMENDED) NOTICE TO APPLICANT OF DETERMINATION OF A DEVELOPMENT APPLICATION Applicants Name and Address: NEWPORT SURF LIFE SAVING CLUB PO BOX 57 NEWPORT 2106 Being the applicant in respect of Development Application No N0327/06 Pursuant to section 80(1) of the Act, notice is hereby given of the determination by Pittwater Council, as the consent authority, of Development Application No N0327/06 for: Alterations and additions to the existing surf club building including a first floor addition. At: 394 BARRENJOEY ROAD, NEWPORT (Lot 7094 DP 1059297), 394 BARRENJOEY ROAD, NEWPORT (Lot 7038 DP 1050730) Decision: The Development Application has been determined by the granting of consent based on information provided by the applicant in support of the application, including the Statement of Environmental Effects, and in accordance with Drawings Numbered A-1 and A-2 Revision 2 prepared by Daniel McNamara and dated 8 December 2006. Access Report prepared by Disability Access Consultants and dated 13 December 2006. as amended in red (shown clouded) or as modified by any conditions of this consent. The reason for the imposition of the attached conditions is to ensure that the development consented to is carried out in such a manner as to achieve the objectives of the Environmental Planning and Assessment Act 1979 (as amended), pursuant to section 5(a) of the Act, having regard to the relevant matters for consideration contained in section 79C of the Act and the Environmental Planning Instruments applying to the land, as well as section 80A of the Act which authorises the imposing of the consent conditions. Endorsement of date of consent Insert Date Mark Ferguson GENERAL MANAGER Per: Report to Development Unit for Meeting to be held on 21 December 2006 Page 10 CONDITIONS OF APPROVAL This consent is not an approval to commence building work. The works associated with this consent can only commence following the issue of the Construction Certificate. Note: Persons having the benefit of development consent may appoint either a council or an accredited certifier as the principal certifying authority for the development or for the purpose of issuing certificates under Part 4A of the Environmental Planning and Assessment Act. When considering engaging an accredited certifier a person should contact the relevant accreditation body to ensure that the person is appropriately certified and authorised to act in respect of the development. A. Prescribed Conditions: 1. All works are to be carried out in accordance with the requirements of the Building Code of Australia. 2. In the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, there is to be such a contract in force. 3. Critical stage inspections are to be carried out in accordance with clause 162A of the Environmental Planning & Assessment Regulation 2000. To allow a Principal Certifying Authority or another certifying authority time to carry out critical stage inspections required by the Principal Certifying Authority, the principal contractor for the building site, or the ownerbuilder must notify the Principal Certifying Authority at least 48 hours before building work is commenced and prior to further work being undertaken. 4. A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out: a. showing the name, address and telephone number of the Principal Certifying Authority for the work, and b. showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working house, and c. stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. 5. Residential building work within the meaning of the Home Building Act 1989 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 following information: a. in the case of work for which a principal contractor is required to be appointed: i. the name and licence number of the principal contractor, and ii. the name of the insurer by which the work is insured under Part 6 of that Act. b. in the case of work to be done by an owner-builder: i. the name of the owner-builder, and ii. if the owner-builder is required to hold an owner-builder permit under that Act, the number of the owner-builder permit. Report to Development Unit for Meeting to be held on 21 December 2006 Page 11 6. If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause (2) becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development to which the work relates (not being the Council) has given the Council written notice of the updated information. 7. Conditions A8 and A9 do not apply in relation to Crown building work that is certified, in accordance with Section 116G of the Act, to comply with the technical provisions of the States building laws. B. Matters to be incorporated into the development and maintained over the life of the development: 1. This approval/consent relates only to the new work nominated on the approved consent plans and does not approve or regularise any existing buildings or structures within the property boundaries or within Council's road reserve. 2. No odour nuisance, to the public or any adjoining premises, shall be created by the operation of any plant or equipment or any procedures carried out at the premises. 3. No noise nuisance shall be caused through the operation of any plant or equipment at the premises. Noise is considered a nuisance when it exceeds 5dB(A) above the background noise level. 4. The construction, fit out and finishing of the kitchen and food handling and storage areas must comply with: a. Australian Standard 4674 Design, construction & fit out of food premises, and b. The Food Safety Standard 3.2.3 (as part of the Food Standards Code) required by the Food Regulation 2004. 5. The walls in and directly around the kitchen must be solid construction. 6. The intersection between the floor and walls in the kitchen must be coved (25 mm radius) so it is one smooth continuous surface with no gaps or voids or areas that are difficult to clean. 7. Hand washbasins must be provided in the food servery area, the food preparation area and immediately adjacent to the toilet located within the unit. 8. Hand washbasins must be provided with: i) an adequate supply of potable water at a temperature of at least 40 degrees Celsius, delivered through a single spout; ii) taps that operate hands free; iii) a supply of liquid soap; and iv) single use hand towel or other approved air drying equipment. 9. Grease arrestors and access openings to the sanitary drainage must not be located within any food preparation and/or handling area. 10. All service pipes, conduits and electrical wiring shall be either concealed in floors, walls, ceilings or plinths or be fixed on brackets so as to provide at least 25mm clearance between the pipe and the adjacent vertical surface and 100mm between the pipe and the adjacent horizontal surface. 11. All shelving, cupboards, doors and the like must be impervious and easy to clean on all exposed surfaces and as far as practicable be constructed and installed to prevent vermin harbourage. Report to Development Unit for Meeting to be held on 21 December 2006 Page 12 12. The garbage room must have an impervious floor that is coved at the floor/wall intersection and be graded and drained to the sewage system. The walls of the garbage room must be smooth and impervious. The room must be ventilated, proofed against pests and be provided with a hose tap connected to the water supply. 13. The grease arrestor must be located, and be accessible from, the outside of any food preparation and/or handling area. 14. Seating at the premises must not exceed 300 on any occasion. 15. Design details and technical specifications relevant to recommendations in the Access Report must be submitted to the Accredited Access Adviser for confirmation at Construction Certificate stage. 16. Water conservation devices with an AAA rating must be installed, including tap flow regulators, shower head roses and dual flush toilets. All new hot water systems are to have a minimum rating of 3.5 stars. 17. The finished surface materials, including colours and texture of any building, shall match the detail and materials of the existing building. 18. Over the life of the development all declared noxious weeds are to be managed / removed in accordance with the Noxious Weeds Act 1993. Environmental weeds are to be removed and/or controlled. 19. No environmental weeds are to be planted on the site. C. Matters to be satisfied prior to the issue of the Construction Certificate: Note: All outstanding matters referred to in this section are to be submitted to the accredited certifier together. Incomplete Construction Certificate applications / details cannot be accepted. 1. The applicant is to provide the Principal Certifying Authority with a copy of concurrence from UniSearch endorsing the use of their Coastal Engineering Report dated 28 February 1995 reference 94/165RJC:AFN. 2. The detailing of the framed glazed doors and new windows is to complement the existing building in terms of architectural detailing and proportions. The door is to be properly related in style, scale and placement to the elevation and in particular the main entrance door will need to be detailed. 3. Submission of construction plans and specifications and documentation which are consistent with the approved Development Consent plans, the requirements of Building Code of Australia and satisfy all conditions shown in Part B above are to be submitted to the Principal Certifying Authority. 4. In accordance with Clause 94 of the Environmental Planning and Assessment Regulation 2000, plans are to be submitted with the Construction Certificate application demonstrating how the building will be brought into full conformity with fire and spread of fire requirements of the Building Code of Australia. A satisfactory and complete schedule of essential fire safety measures required to be installed within and/or in association with the building including the minimum standard for performance of each measure is to be submitted to the Accredited Certifier or Council prior to release of the Report to Development Unit for Meeting to be held on 21 December 2006 Page 13 Construction Certificate. The schedule is to include a signed statement from a suitably qualified person confirming that all essential fire safety measures as required by the Building Code of Australia have been listed so as to ensure the safety of persons in the building in the event of an outbreak of fire. 5. A Certificate from a qualified practising Structural Engineer with corporate membership of the Institute of Engineers Australia (M.I.E), or who is eligible to become a corporate member and has appropriate experience and competence in the related field, certifying the adequacy of the existing structure to support the additional loading is to be submitted to the Accredited Certifier or Council. 6. Certification from the Accredited Access Adviser that design details and specifications comply with the Accessibility Control and the DA Access Report, must be submitted to the Principal Certifying Authority before the issue of the Construction Certificate. D. Matters to be satisfied prior to the commencement of works and maintained during the works: Note: It is an offence to commence works prior to issue of a Construction Certificate. 1. Temporary sedimentation and erosion controls are to be constructed prior to commencement of any work to eliminate the discharge of sediment from the site. 2. Sedimentation and erosion controls are to be effectively maintained at all times during the course of construction and shall not be removed until the site has been stabilised or landscaped to the Principal Certifying Authoritys satisfaction. 3. Adequate measures shall be undertaken to remove clay from vehicles leaving the site so as to maintain public roads in a clean condition. 4. Waste materials generated through demolition, excavation and construction works are to be minimised by re-use on-site, recycling or where reuse or recycling is not practical, disposal at an appropriate authorised waste facility. 5. No works are to be carried out in Councils Road Reserve without the written approval of the Council. 6. A Road Opening Permit, issued by Council, must be obtained for any road openings, or excavation within Councils Road Reserve associated with the development on the site, including stormwater drainage, water, sewer, electricity, gas and communication connections. During the course of the road opening works the Road Opening Permit must be visibly displayed at the site. 7. No skip bins or materials are to be stored on Councils Road Reserve. 8. A site fence and silt and sediment control fence is to be erected and maintained during the course of works along any street boundary and park/reserve boundary to the site. 9. A clearly legible Site Management Sign is to be erected and maintained throughout the course of the works. The sign is to be centrally located on the main street frontage of the site and is to clearly state in legible lettering the following: The builders name, builders telephone contact number both during work hours and after hours. Report to Development Unit for Meeting to be held on 21 December 2006 Page 14 That no works are to be carried out in Councils Road Reserve without the written approval of the Council. That a Road Opening Permit issued by Council must be obtained for any road openings or excavation within Councils Road Reserve associated with development of the site, including stormwater drainage, water, sewer, electricity, gas and communication connections. During the course of the road opening works the Road Opening Permit must be visibly displayed at the site. That no skip bins or materials are to be stored on Councils Road Reserve. That the contact number for Pittwater Council for permits is 9970 1111. 10. A stamped copy of the approved plans is to be kept on the site at all times, during construction. E. Matters to be satisfied prior to the issue of Occupation Certificate: Note: Prior to the issue of an Occupation Certificate the principal certifying authority is to ensure that Council's assets, including road, kerb and gutter and drainage facilities adjacent or near to the site have not been damaged as a result of the works. Where such damage has occurred, it is to be repaired to Council's written satisfaction prior to the issue of an Occupation Certificate or suitable arrangements put in place to effect those repairs at a future date to Council's written satisfaction. Should this process not be followed, Council will pursue action against the principal accredited certifier in relation to the recovery of costs to effect such works. Note: It is an offence to occupy the building or part thereof to which this consent relates prior to the issue of an Occupation Certificate. 1. Prior to issue of an Occupation Certificate photographic evidence of the condition of the street trees and road reserve and area adjoining the site after the completion of all construction, must be submitted to the Principal Certifying Authority showing that no damage has been done and if damage has been done that it has been fully remediated. The photographs shall be accompanied by a statement that no damage has been done (or where damage has been remediated that Council has approved that work). In this regard Councils written agreement that all restorations have been completed satisfactorily must be obtained prior to the issue of any Occupation Certificate. 2. Restoration of all damaged public infrastructure caused as a result of the development to Councils satisfaction. Councils written approval that all restorations have been completed satisfactorily must be obtained must be provided to the Private Certifying Authority with the Occupation Certificate application. 3. An Occupation Certificate application stating that the development complies with the Development Consent, the requirements of the Building Code of Australia and that a Construction Certificate has been issued must be obtained before the building is occupied or on completion of the construction work approved by this Development Consent. 4. Prior to release of the Occupation Certificate the premises is to be inspected and provided with a Compliance Certificate by Pittwater Councils Environmental Health Officer. To arrange a mutual inspection time please contact Councils Environmental Health Officer on 9970 1111 during business hours. Documentation supplied by Sydney Water regarding evidence of the trade waste agreement must be provided to the certifying authority prior to the issue of the Occupation Certificate. Documentation supplied by a practicing mechanical engineer certifying that all mechanical exhaust ventilation systems, as installed, complies with AS 1668, must be provided to Report to Development Unit for Meeting to be held on 21 December 2006 Page 15 the certifying authority prior to the issue of the Occupation Certificate. The certifying authority must be provided with evidence that the food business has been notified with NSW Food Authority. Notification may be done either online at www.foodnotify.nsw.gov.au or by lodging a completed food notification form to Council. Note: A fee applies when lodging notification forms with Council. 5. Certification from an Accredited Access Adviser that the completed development complies with the requirements of the development consent. F. Matters to be satisfied prior to the issue of Subdivision Certificate: Nil G. Advice: 1. It is unlikely any further extensions to this building would not be supported due to the risk from Coastal hazards and the inconsistency with Council's Coastal Management Strategy. 2. Failure to comply with the relevant provisions of the Environmental Planning and Assessment Act, 1979 (as amended) and/or the conditions of this Development Consent may result in the serving of penalty notices (on-the-spot fines) under the summary offences provisions of the above legislation or legal action through the Land and Environment Court, again pursuant to the above legislation. 3. The applicant is also advised to contact the various supply and utility authorities, ie Sydney Water, Sydney Electricity, Telstra etc. to enquire whether there are any underground utility services within the proposed excavation area. 4. It is the Project Manager's responsibility to ensure that all of the Component Certificates/certification issued during the course of the project are lodged with the Principal Certifying Authority. Failure to comply with the conditions of approval or lodge the Component Certificates/certification will prevent the Principal Certifying Authority issuing an Occupation Certificate. 5. In accordance with Section 80A(1)(d) and (e) of the Act, any consent given shall be void if the development to which it refers is not commenced within two (2) years after the date of approval, provided that Council may, if good cause be shown, grant an extension of renewal of such consent beyond such period. NOTE: Council may be prepared to consider an extension of this Consent period for a further 12 months, however, the request for extension would have to be received during the initial 2 year period. 6. To ascertain the date upon which the determination becomes effective, refer to Section 83 of the Environmental Planning and Assessment Act, 1979 (as amended). 7. Should any of the determination not be acceptable, you are entitled to request reconsideration under Section 82A of the Environmental Planning and Assessment Act, 1979. Such request to Council must be made in writing, together with appropriate fees as advised at the time of lodgement of such request, within 1 year from the date of determination. 8. If you are dissatisfied with this decision, Section 97 of the Environmental Planning and Assessment Act, 1979, gives you a right of appeal to the Land and Environment Court within 12 months of the date of endorsement of this Consent. Report to Development Unit for Meeting to be held on 21 December 2006 Page 16 9. 10. The approved 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. The approved plans will be appropriately stamped. For Quick Check agent details please refer to the web site at www.sydneywater.com.au then see Building Developing and Plumbing then Quick Check, or telephone 13 20 92. 11. You are reminded of your obligations under the objectives of the Disability Discrimination Act (DDA)1992. 12. Electrical insect killing light devices should not be outside and not installed anywhere that they can attract and kill micro-bats and killing insects reduces bat food and insects. Report to Development Unit for Meeting to be held on 21 December 2006 Page 17 LOCALITY MAP Report to Development Unit for Meeting to be held on 21 December 2006 Page 18 NOTIFICATION PLAN Report to Development Unit for Meeting to be held on 21 December 2006 Page 19 Report to Development Unit for Meeting to be held on 21 December 2006 Page 20