Download SUBJECT: N0327/06 - Pittwater Council

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
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- - - - -
- - 
- - 
- - -
- - 
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- - 
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
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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
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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.
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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.
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LOCALITY MAP
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NOTIFICATION PLAN
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