local approvals policy: hoisting and construction activities in … · 2019-03-24 · drat local...

Local Approvals Policy: Hoisting

and Construction Activities

in Public Places DR

AFT2019

DRAFT Local Approvals Policy: Hoisting and Construction Activities in Public Places © City of Sydney Adopted <Date>

Version Date of adoption01–First edition XXX

City of Sydney CouncilTown Hall House456 Kent StreetPO Box 1591 Sydney NSW 2001www.cityofsydney.nsw.gov.au

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DRAFT Local Approvals Policy: Hoisting and Construction Activities in Public Places © City of Sydney Adopted <Date>DRAFT Local Approvals Policy: Hoisting and Construction Activities in Public Places © City of Sydney Adopted <Date>

Table of Contents01/ INTRODUCTION 1.1 The title and purpose of this Policy 041.2 Activities that are regulated by this Policy 051.3 Activities that are not regulated by this Policy 051.4 Making an application 06 1.4.1 Application forms 06

1.4.2 Application fees 06 1.4.3 Information and documents that must be lodged with an application 06 1.4.4 Assessment 06

1.5 Definitionsandterms 071.6 TheaimsofthePolicy 071.7 HowthisPolicyworks 07

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02/ THEPOLICY2.1 LegalstatusofthisPolicy 11 2.1.1 When did the Policy commence? 11

2.1.2 Have amendments been made to the Policy? 11 2.1.3 When will the Policy be revoked? 11 2.1.4 Enforcement of the Policy 11 2.1.5 Granting an approval 11 2.1.6 Amending an approval 11 2.1.7 Extending an approval 11 2.1.8 Revoking an approval (permit) 12 2.1.9 What are the implications for non-compliance with this Policy? 12

03/ CODEOFPRACTICE 3.1 The purpose of the Code 153.2 Variations to the provisions of the Code 15

03 DRAFT Local Approvals Policy: Hoisting and Construction Activities in Public Places © City of Sydney Adopted <Date>

Introduction

04DRAFT Local Approvals Policy: Hoisting and Construction Activities in Public Places © City of Sydney Adopted <Date>DRAFT Local Approvals Policy: Hoisting and Construction Activities in Public Places © City of Sydney Adopted <Date>

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Introduction

PART 01


Introduction

1.1 The title and purpose of this PolicyThis Policy (“the Policy”) is called the ‘Local Approvals Policy: Hoisting and Construction Activities in Public Places’ adopted and in force under the provisions of the Local Government Act 1993 (“the Act”).

The Policy applies throughout the City of Sydney local government area. The primary purpose of the Policy is to give force to the Code of Practice: Hoisting and Construction Activities in Public Places (“the Code”) that prescribes requirements when seeking approval to carry out hoisting operations and construction-related activities in public places, and other requirements.

The Code is also used in the assessment of applications lodged by property owners, developers, builders and contractors seeking approval to undertake various construction-related activities including hoisting operations and building maintenance works in and/or above public places.

1.2 Activities that are regulated by this Policy (see also 2.1)

The following activities undertaken in, on or above public places are regulated by this Policy and require the approval of Council:

(a) hoisting operations (Category E(1) activities in the Table of Section 68 of the Local Government Act) using equipment or devices such as:

• site-based cranes;

• mobile cranes;

• boom-lifts,

• scissor-lifts;

• truck-mounted hoists (Hiabs);

• swinging stages;

OneoftheprincipalaimsofthePolicy and the Code of Practice is to ensure that hoisting operations and other physical works in public placeshaveminimalimpactonthe safe and convenient passage of pedestrians, bicycle riders and vehicles past worksites including accessible pathways for pedestrians.


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• building maintenance units (BMUs);

• rope access operations (abseiling); and

• other equipment used to undertake any form of hoisting operation;

(b) installation of temporary barricades and devices (Category E(2) activities in the Table of Section 68 of the Local Government Act) in public places associated with worksites including:

• road openings;

• mobile scaffolds/ladders;

• pedestrian exclusion zones (barricading) associated with hoisting operations; and

• other minor works undertaken in public places;

(c) installation of temporary structures (Category E(2) activities in the Table of Section 68 of the Local Government Act) such as:

• pedestrian ramps over concrete pumping lines placed on footways;

• work compounds; and

• other temporary structures other than structures set out in 1.3.

Refer to 1.4 for details on how to make an application.

1.3 Activities that are not regulated by this Policy

The following construction-related activities (categories listed in the Table of Section 68 of the Local Government Act) are not regulated by this Policy:

(a) the installation and use of hoardings and scaffolding in public places (Category E(2)) – these temporary structures are regulated through the City of Sydney ‘Local Approvals Policy for Hoardings and Scaffolding’ and supporting Guidelines, both adopted by Council on 21 November 2016;

(b) the placement of skip bins in public places (Category C(3)) – regulated through the City of Sydney ‘Waste Management Local Approvals Policy’ adopted by Council on 11 December 2017;

(c) to carry out stormwater drainage works (Category B(5) – discharging rainwater collected in construction/excavation sites into Council’s stormwater drainage system; and

(d) connecting a private stormwater drainage system to a stormwater drainage system under the control of Council (Category B(6)).

Some of the above activities require formal separate approval. Refer to the policies and/or the City’s website for further information.

1.4 Making an applicationAll of the activities listed in 1.2 require approval which can be sought through completion and lodgement of a valid application (see 1.4.1) using Council’s standard forms that are available on the City’s website.

1.4.1Applicationforms

A formal application must be completed when seeking approval to carry out various activities such as:

• road openings;

• temporary works;

• hoisting; and

• establishing temporary structures (work compounds).

Standard forms for each of these activities are available on the City’s website.

1.4.2 Application fees

All applications require payment of a fee to assess a proposal against Council’s requirements including this Policy and the Code of Practice.

The applicable application fees are set out in Council’s ‘Schedule of Fees and Charges’ which is available on the City’s website. Fees are also listed in some application forms.

1.4.3Informationanddocumentsthatmustbelodged with an application

To enable Council to undertake a full and proper assessment of a proposal (application) against the City’s requirements and codes, minimum information and details must be lodged with an application. Information that must be lodged is set out in each of the application forms applying to various activities.

1.4.4Assessment

Upon receipt and acceptance of a fully completed and valid application, the proposal will be assessed against Council’s requirements including the Code of Practice referenced in this Policy.

In circumstances where additional information or clarification is required, the applicant will be contacted and requested to provide further details.


Introduction

Where Council is satisfied that a proposal meets all of the relevant City requirements including complying with the provisions set out in the Code, an approval will be granted (see 2.5.1).

In circumstances where an application is incomplete, invalid and/or a proposal does not meet the City’s requirements, the application will be refused.

1.5 DefinitionsandtermsWords and terms italicised in this Policy are defined in the Code and have the same meaning.

A reference to construction activities relates to activities undertaken in, on or above a public place and includes hoisting activity.

1.6 TheaimsofthePolicyThe primary aims of the Policy are to:

(a) minimise obstructions and inconvenience to pedestrians, bicycle riders, motor vehicle drivers and the general public particularly when attending major city events from various construction activity and maintenance works in public places;

(b) maintain safe accessible passage and amenity of the public, city community and visitors when passing worksites; and

(c) isolate and secure worksites within public places;

(d) inform the development and construction sectors of the City’s requirements and the Code to guide and control approved construction activities in public places to minimise impacts; and

(e) minimise impacts on the City’s infrastructure.

The Policy was adopted by the City of Sydney Council on << date >>.

The city attracts around 615,000 people each day including visitors andtourists.Inaddition,morethan437,000workinthelocalarea. Major events also attract large public gatherings. It is thereforeimperativethatworksand activities carried out in public places have the least possible impactonthemovementofpeopleand ensure safe and convenient passage past worksites.

1.7 HowthisPolicy worksThis Policy consists of three parts in accordance with s158 of the Local Government Act, as follows:

Part1–Activitiesthatareexemptfromanapproval under the Act

There are no construction activities that can be undertaken without the approval of the Council.

Part 2 – Criteria that Council will take into considerationindeterminingwhethertogiveorrefuse an approval to an application

The provisions set out in Part 01 of the Code apply when seeking approval to undertake construction activities in public places.

Part 01 of the Code provides explanatory information in relation to lodging applications, minimum mandatory standards of design and work methods that must be met and the regulatory provisions that apply when working and operating in public places.


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Part3–Othermattersrelatingtoapprovals

The provisions of the Roads Act 1993 and Roads Regulation 2008 relating to construction activities in public places will be considered in the assessment and determination of applications when seeking approval under the Roads Act and the Local Government Act.

The Code also regulates the carrying out of construction activities in public places to ensure works and other activities are undertaken in accordance with:

(a) an approval, including conditions of approval;

(b) the applicable regulatory provisions of the Local Government Act and the Roads Act; and

(c) other relevant City requirements.

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The Policy


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The Policy 0102

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The Policy

PART 02

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The Policy


2.1 LegalstatusofthisPolicyThe Policy is a local approvals policy under s158 of the Act. The Policy is aimed primarily at the development and construction sectors where approvals are sought to undertake hoisting and other construction activities in public places (activities under categories E(1) and E(2) of the table in s68 of the Act).

2.1.1 When did the Policycommence?

The Policy commenced on << date >> and was advertised on << date >>.

2.1.2 Haveamendmentsbeenmadetothe Policy?

This is a new Policy.

2.1.3 When will the Policyberevoked?

Under s165(4) of the Act a Policy is automatically revoked 12 months after the NSW local government elections unless the Council resolves to revoke it sooner under s164(3) or to re-endorse the continuation of the Policy.

2.1.4 EnforcementofthePolicy

Unless varied by a condition of determination (an approval), the relevant provisions set out in the Code must be satisfied when undertaking construction activities in public places.

2.1.5 Granting an approval

An approval (permit) for construction activities and other activities is granted under s94 of the Local Government Act and s139 of the Roads Act. An approval is issued subject to conditions imposed through s94 of the Local Government Act and s139(1)(d) of the Roads Act. Where required, an approval under s115 of the Roads Act may also be granted.

An approval is granted to allow activities to be carried out in specified ways as prescribed in the Code and as set out in the conditions forming part of an approval (permit).

2.1.6 Amendinganapproval

A person to whom an approval is granted may apply to amend an approval (permit) under s106 of the Act if the amendment satisfies s106(3) of the Act.

The assessment for an amendment to an approval will include, but will not be limited to, the following matters:

(a) whether the proposed amendment is substantially the same as that originally approved;

(b) whether any prejudice will be caused to any person who made a submission concerning the original proposal; and

(c) whether concurrences, approval or consultation with agencies such as NSW Roads and Maritime Services and/or the Traffic Management Centre is required, and if so, these have been obtained.

An amended determination replaces the original approval from the date endorsed on the notice of determination (permit).

2.1.7 Extendinganapproval

Council may determine to extend an approval under s107 of the Act if it is satisfied there is good cause for doing so. An approval may not be extended where:

(a) a temporary structure is structurally unsound;

(b) the area of work or activity is not being carried out or maintained in accordance with the Code;

(c) activities are non-compliant with an approval;

(d) a public liability insurance policy applying to the approved activities is not current or has been withdrawn by the insurer; and

(e) any other circumstance as determined by Council including issues associated with public safety and convenience.

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The Policy 0102

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An approval to extend a determination (permit) must be obtained before the lapsing date (as specified in an approval).

2.1.8 Revoking an approval (permit)

Council has powers under the Local Government Act (s108) and the Roads Act (s140) to revoke an approval. Examples of circumstances where an approval could be revoked include:

(a) the person holding an approval (permit) fails to act on directions to rectify non-complying works or activities including:

• failure to comply with a requirement of the Local Government Act and/or the Roads Act, or

• failure to comply with a condition of an approval or direction issued by an authorised person, particularly in relation to matters relating to public safety, amenity and convenience;

(b) an approval has lapsed and an application has not been lodged to extend an approval;

(c) a public liability insurance policy associated with the activities and an approval is not current or has been withdrawn by the insurer; and

(d) any other circumstance as determined by Council including failure to maintain a structure or work in a satisfactory state of repair (s140 and s142 of the Roads Act).

Where an approval has been revoked, Council reserves the right to take action to have any works or temporary structures rectified or removed and recover all associated costs.

2.1.9 Whataretheimplicationsfornon-compliancewiththis Policy?

An authorised person of Council may issue penalty notices, give orders/directions and initiate Court action for non-compliance with the Policy, the Code and a determination (approval).

A person who is guilty of an offence under the various Acts administered by Council may be liable, on conviction, for a maximum penalty as prescribed by the applicable legislation.

Parties not acting in accordance with this Policy, the Code and an approval allowing construction activities in public places may be given notice in writing and/or verbal directions to comply before an infringement is issued. Council, at all times, reserves the right to issue an immediate infringement notice depending on the seriousness of the circumstance and at the discretion of the authorised person including consideration of Council’s ‘Compliance Policy’ and ‘Prosecution and Civil Enforcement Policy’.

An approval can also be revoked in circumstances as set out in 2.1.8.

Persons not acting in accordance with this Policy, the Code of Practice and an approval maybegivennoticetocomply.TheCity however reserves the right to issueanimmediateinfringementnotice at the discretion of an authorised person.

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Code of Practice


Code of Practice 0102

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Code of Practice PART 03

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Code of Practice


3.1 The purpose of the CodeHoisting and other construction activities in public places are a necessary part of development, infrastructure improvement and building maintenance. In allowing works and activities in public places it is essential that they have the least possible impact on residents, workers, visitors and the business community.

Due to the very high pedestrian and traffic volumes in many parts of the city special needs and requirements apply in relation to ensuring and providing safe and convenient pedestrian and bicycle rider movement past worksites. Major city events also result in large public gatherings which must also be considered. The City therefore requires works and other activities to meet minimum acceptable standards to prevent or minimise impacts.

The Code, adopted through this Policy, therefore contains prescriptive provisions to guide and control activities in public places to assist proponents in meeting the City’s requirements.

As part of the application assessment process the needs of the public, city community, bicycle riders and motor vehicle drivers in relation to safety, accessibility, convenience and amenity will be paramount in the City’s consideration of a proposal and the decision (determination) made.

3.2 Variations to the provisions of the Code

It is expected that in the majority of cases proposed activities will comply with the prescriptive criteria in the Code. Where however this it is not possible or feasible and there:

(a) are clearly demonstrated construction and/or site constraints requiring an alternative design; and/or

(b) is a site-specific management approach that differs from the Code,

consideration will be given to varying the requirements based on the circumstances of the proposed works, activities and the site conditions.

Approval of construction activities in public places is given subject tocompliancewiththeCode of Practice and the conditions formingpartofapermit (approval).


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