separate cover attachment psrp-1 da15/0022 … · separate cover attachment ... maximum height for...

SEPARATE COVER ATTACHMENT

PSRP-1 DA15/0022 FOR AN ATTACHED DUAL OCCUPANCY (2 X 3 BEDROOM) AND COMMUNITY TITLE SUBDIVISION SUBJECT TO THE FOLLOWING CONDITIONS:

1. DA15/0022 Plans 2. DA15/0022 Locality Map

3. DA15/002 s79C report

0 25 50 7512.5 Meters

Disclaimer: The City of Wagga Wagga does not warrant the accuracy or completeness of the information within this product. Any person using or relying upon this productdoes so on the basis that the City of Wagga Wagga does not accept responsibility or liability for any errors, faults, defects or omissions within this product.

Locality Map 46B Slocum Street

Map printed: 25/03/2015

of 30

Report of Development Application Pursuant to Section 79C of the Environmental Planning and Assessment Act

1979

APPLICATION DETAILS

Application No.: DA15/0022

Modification No.: N/A

Council File No.: D/2015/0022

Date of Lodgement: 21/01/2015

Applicant: David McIntyre DA & JR McIntyre Homes

PO Box 5343

WAGGA WAGGA BC NSW 2650

Proposal: Attached Dual Occupancy (2 x 3 bedroom) and community title subdivision

BCA Classification: 1a 10a

Development Cost: The

Assessment Officer: Adriaan Stander

Description of Modification: N/A Type of Application: Development Application Other Approvals: Nil Concurrence Required: No Referrals: Internal Adjoining Owners Notification: Yes, between 4/02/15 and 23/02/14 Advertising: Yes, between 4/02/15 and 23/02/14 Determination Body: Council Reason: Clause 1.11 of the Wagga Wagga DCP 2010 requires all

applications requesting a numerical variation of more than 10% to be decided by Council. The application requires the following variations to be considered by Council: 1. Variation of the density controls which restricts the land size per dwelling in the R3 Zone to 300sqm. The proposal is for 397sqm per dwelling (which equates to a 32% variation). 2. Variation of the of 1.2m maximum height for front fences. The proposal is for a 1.8m high front fence (which equates to a 66% variation).

of 30

Owner’s Consent Provided: Yes, 22/01/15 Location: Located on the western side of Slocum Street, opposite

the Murrumbidgee Turf Club, Wagga Wagga

SITE DETAILS

Subject Land: 46B Slocum St WAGGA WAGGA NSW 2650

Lot 2 DP 1022093

Owner: DA McIntyre

PLANNING CONTROLS / STATUTORY CLASSIFICATION Pursuant to Part 4 (Division 1) Environmental Planning Instrument: Wagga Wagga Local Environmental Plan 2010 Zoning: R3 - Medium Density Residential Zone Land Use Definition: Dual Occupancy Statement of Permissibility: Permitted with consent REPORT DESCRIPTION OF DEVELOPMENT This application is for an attached dual occupancy at 46B Slocum Street, Wagga Wagga. The development will consist of 2 double storey units with a shared driveway off Slocum Street. On the ground floor, both units will contain a double garage, laundry, kitchen, meals room, family room and patio area which lead out to a private garden area. The first floor of both units will comprise of 3 bedrooms and two bathrooms. The development has been designed to appear similar to the Ascot residential development which is located to the west of the development site. The building will be a brick veneer construction with terracotta tiled roof, window hoods and decorative timber finials which is consistent with the remainder of the Ascot residential development. The proposal a community title subdivision consisting of two residential lots and a neighbourhood lot that will contain the shared driveway.

THE SITE & LOCALITY The subject site is described as Lot 2 DP1022093 located on the western side of Slocum Street, opposite the Murrumbidgee Turf Club. The site is 795sqm in total and zoned R3- Medium Density Residential. With the exception of an existing brick pier fence along the southern side and part eastern site of the lot, the site is vacant. The locality is an established residential area characterised by a mixture of residential uses and styles. SUMMARY OF MAIN ISSUES

of 30

Variation of density, fence and setback controls. MATTERS FOR CONSIDERATION UNDER THE ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 For the purpose of reviewing this determination, the following matters pursuant to the provisions of Section 79(C)1 of the Environmental Planning and Assessment Act 1979, have been taken into consideration.

(a)(i) - The provisions of any environmental planning instrument (EPI)

Wagga Wagga Local Environmental Plan 2010 (LEP)

The following section of this report details the development with reference to the guiding principles and Objectives of the Wagga Wagga Local Environmental Plan 2010.

Part 2 Permitted or prohibited development

2.3 Zone objectives and Land Use Table

Under the provisions of the WWLEP2010, the subject site is zoned R3 - General Residential Zone. The objectives of the zone are as follows:

• To provide for the housing needs of the community within a medium

density residential environment. • To provide a variety of housing types within a medium density

residential environment. • To enable other land uses that provide facilities or services to meet

the day to day needs of residents. • To ensure that medium density residential environments are of a high

visual quality in their presentation to public streets and spaces.

The proposed development is for a Dual Occupancy.

dual occupancy (detached) means 2 detached dwellings on one lot of land, but does not include a secondary dwelling.

Dual occupancy developments are permitted in the R3 - Medium Density Residential Zone with consent.

2.6 Subdivision -consent requirements

Clause 2.6 of the WWLEP 2010 establishes that consent is required for subdivision. The proposal is for a community title development which requires consent under the provisions of this clause. The proposed subdivision plan makes provision for 2 community title lots and a communal neighbourhood lot which will accommodate the shared driveway.

Part 5 Miscellaneous Provisions 5.10 Heritage conservation

of 30

The site is not in a heritage conservation area, but is located in the vicinity of a heritage item (Item I67 - ‘Racecourse Group of Buildings: Entrance Building; A). The heritage significance of the item related to the main entrance and buildings of the race course which are located approximately 100 metres north of the development site. Due to the distance between the two sites and the fact that the proposed development will have no significant visual impact on the heritage item, the proposal is considered to comply with the provisions of this clause.

An assessment of the application has demonstrated that the proposed development will be able to exist without having a detrimental impact on the historical character of locality. This is demonstrated though an assessment of the application against of the Wagga Wagga DCP in relation to aspects of urban characteristics including bulk, scale and form.

Part 7 Additional Local Provisions 7.2 Flood Planning

The site is identified as being located in a ‘flood area’. (1) The objectives of this clause are as follows:

(a) to minimise the flood risk to life and property associated with

the use of land, (b) to allow development on land that is compatible with the land’s

flood hazard, taking into account projected changes as a result of climate change,

(c) to avoid significant adverse impacts on flood behaviour and the environment.

(2) This clause applies to:

(a) land that is shown as “Flood planning area” on the Flood

Planning Map, and (b) other land at or below the flood planning level.

(3) Development consent must not be granted to development on land to

which this clause applies unless the consent authority is satisfied that the development:

(a) is compatible with the flood hazard of the land, and (b) will not significantly adversely affect flood behaviour resulting in

detrimental increases in the potential flood affectation of other development or properties, and

(c) incorporates appropriate measures to manage risk to life from flood, and

(d) will not significantly adversely affect the environment or cause avoidable erosion, siltation, destruction of riparian vegetation or a reduction in the stability of river banks or watercourses, and

of 30

(e) is not likely to result in unsustainable social and economic costs to the community as a consequence of flooding.

(4) A word or expression used in this clause has the same meaning as it

has in the NSW Government’s Floodplain Development Manual published in 2005, unless it is otherwise defined in this clause.

(5) In this clause:

flood planning level means the level of a 1:100 ARI (average recurrent interval) flood event plus 0.5 metres freeboard.

Flood Planning Map means the Wagga Wagga Local Environmental Plan 2010 Flood Planning Map.

The impact of the proposed development is considered to have no significant impact on flooding as the proposed development site is protected by the main city levee. This is discussed in more detail under the flood controls of the Wagga Wagga Development Control Plan 2010 (refer to part a(iii) of this report).

7.6 Groundwater vulnerability - Water Resource Map

The subject site is identified as land on which the impacts of the development on groundwater should be considered

(1) The objective of this clause is to protect and preserve groundwater

sources. (2) This clause applies to land identified as “Groundwater” on the Water

Resource Map. (3) Development consent must not be granted for development specified

for the purposes of this clause on land to which this clause applies unless the consent authority is satisfied that the development:

(a) is unlikely to adversely impact on existing groundwater sources,and

(b) is unlikely to adversely impact on future extraction from groundwater sources for domestic and stock water supplies, and

(c) is designed to prevent adverse environmental impacts, including the risk of contamination of groundwater sources from on-site storage or disposal facilities.

(4) The following development is specified for the purposes of this clause: (a) aquaculture, (b) industries, (c) intensive livestock agriculture, (d) liquid fuel depots, (e) mines, (f) rural industries, (g) service stations, (h) sewerage systems, (i) turf farming, (j) waste or resource management facilities,

of 30

(k) water supply systems, (l) works comprising waterbodies (artificial).

The development is not listed for the purpose of this clause and therefore this part does not apply to this application.

(a)(ii) - The provisions of any draft environmental planning instrument

Draft local environmental plans

There are no draft local environmental plans relevant to this application.

Draft state environmental planning instruments There are no draft state environmental planning instruments relevant to this application.

(a)(iii) - Any development control plan

Wagga Wagga Development Control Plan 2010 (DCP)

The following section of this report details the development with reference to the Guiding Principles, Objectives and Controls of the Wagga Wagga Development Control Plan 2010. Section 1 - General

1.10 Notification of Development Application

Pursuant to this provision, notification and advertising of the application are required. Notification was conducted to properties surrounding the development and an advertisement was placed on the site and in the local newspaper. See later in this report under S79C(1)(d) for further discussion of this matter.

Section 2 - Controls that apply to all development

2.1 Site Analysis Plan

An assessment of the proposal against the relevant controls of the DCP have demonstrated that the development is compatible with the scale of surrounding developments and will not necessarily result in an outcome which is significantly different from what has already been approved in the locality. The development has been designed to look similar the existing Ascot development located to the west of the development site. Construction is not anticipated to result in adverse affects on the natural environment and has been conditioned to ensure the integrity of surrounding built and natural environment.

2.2 Vehicle access and movements

The potential impacts of traffic generated by the proposed development are

of 30

considered minor and will not result in any traffic safety issues. Existing road infrastructure is able to accommodate the use. The proposed development makes provision for suitable access to existing movement systems. Access to the units is proposed via a shared driveway off Slocum Street. The proposed access arrangement is considered appropriate and vehicles will be able to enter and leave the site in a forward direction.

2.3 Off-street parking Developments are required to provide off-street parking to meet anticipated demands. The DCP requires 2 spaces for 3 or more bedrooms or larger dwellings. Both units are provided with double garages that meets this requirement.

2.4 Landscaping

The concept layout plan submitted with the application is considered sufficient for the proposed development. The proposed landscaping is appropriately located and will compliment the proposed development by providing shade and greenery that will soften the appearance of the buildings and driveway area. A detailed landscaping plan is recommended to be submitted for approval which includes a requirement for additional landscaping within the road reserve along Slocum Street, Wagga Wagga.

2.5 Signage

No signage is proposed as part of this application.

2.6 Safety and Security

The development is designed to optimize personal safety and property security by way of natural surveillance, utilisation of robust construction materials and clear definition between public and private areas in accordance with the principles of Crime Prevention Through Environmental Design.

2.7 Changing the land form - cut and fill

Any excavation or filling will be required to comply with the requirements of the relevant controls and conditions of consent.

2.8 Erosion and Sediment Control Principles

Temporary sediment and erosion control measures will be implemented during construction. Conditions of consent are imposed in this regard.

2.9 Development adjoining open space

Not applicable. Section 4 - Environmental Hazards and management

of 30

4.2 Flooding

The Wagga Wagga Floodplain Risk Management Study 2009 identifies flood risk precincts. The subject site is located in Central Wagga Wagga and is protected by the main city levee. Although the locality is protected by the main city levee, the levee only provides protection to a level below the 1:60 ARI flood event. Major flood events therefore possibly still may have an impact on infrastructure within the flood plain. It is generally required as a condition of consent that floor levels of all habitable structures be raised 225mm above the existing ground level and that actions may be undertaken to ensure that residential development is built at 500mm above the 1:100 year flood event. A condition of will be imposed in this regard.

Section 9 - Residential Development

Section 9 contains the controls for residential development. The controls apply to all residential development application. Key priorities for the R1 Zone established areas are: To avoid excessive site cover by buildings and improve design outcomes,

including reducing the dominance of garages in the front elevation. To make good use of site orientation and spaces around buildings to achieve

good useable private open space; Ensure good connections between indoor and outdoor living areas. Incorporate quality landscaping including mature trees.

9.2.1 Site layout

The development is suitably integrated with the form of the site and the units have been designed with sufficient on-site amenity with respect to boundary setbacks, private open space, solar access, ventilation and landscaping in accordance with the DCP controls.

9.2.2 Streetscape

The proposed development provides a good streetscape character and is consistent with the predominant scale, rhythm and form of the street. The proposal is to retain the existing 1.8m brick pier fence on the southern and part eastern side of the lot. The proposal is to extend this fence further along the eastern side of the lot. Control C2 restricts the front fence height forward of the building line to a maximum height of 1200mm. The existing fence and proposed extension thereof is 1.8m high and does not comply with the control. However, the following reasons are put forward to justify a variation of the control. The site is unique in so far that Slocum Street provides a wide road reserve.

The fence is set back approximately 15 metres from the road. An extensive landscape area will be provided to the front of the fence. The fence is not solid and will therefore not unduly dominate the streetscape. The fence will still allow opportunity for casual surveillance of the street.

of 30

Given the nature of the lot and the significant setback from the street, the proposed retention of the existing 1.8m high brick pier fence and addition thereto is supported as it considered having no detrimental impact on the existing street character or built form. In addition, the proposal has incorporated design features which are responsive to the visual amenity of the surrounding area, particularly to that of the existing Ascot development which main access is along the southern side of the subject lot and existing fence. The fence will continue to contribute to an attractive entrance driveway to the Ascot development.

9.3.1 Land area per dwelling

The maximum land size per dwelling is 300 square metres for dual occupancy developments in the R3 Zone. The lot is 795sqm, equating to 355.7sqm land area each between the two units. Although, the land area per dwelling is greater than the allowable size in the DCP, it is supported as it will provide two large units similar to the existing Ascot development to the west of the site. In addition, it would be difficult to fit three units on the site and to comply with the remainder of the DCP controls (car parking, private open space, setback etc). The deviation of the density controls is therefore supported in this instance as it will not compromise the overall objective to provide a variety of housing types within the zone.

9.3.2 Site cover

The subject site is located in the R3 - Zone with maximum site coverage of 50%. The proposed site coverage of 44.7% and therefore complies.

9.3.4 Solar access

Both units have access to adequate cross-ventilation to enable breezes to circulate through the internal areas. Solar diagrams supplied with the development depict adequate daylight to habitable rooms and sunlight to private open space areas. The extent of overshadowing is considered acceptable as the development will positively cater for home owners who prefer more compact, manageable yards. Solar access considerations are therefore deemed to be satisfactory.

9.3.5 Private open space

Private open space is an “outdoor living area” that is normally part of the rear garden. It can be a deck, patio or paved area at existing ground level, and should be directly accessible from the main living area of the dwelling with a north facing aspect. Each unit has a private open space of 24sqm of private open space in the form of private courtyards that are linked directly to the living areas of the units.

9. 3.6 Front Setbacks

The proposed development complies with the minimum 3 metre setback requirement; it provides a 6m setback.

of 30

Control C4 requires that the front of the garage shall not protrude in front of the face of the forward most wall of the dwelling enclosing a habitable room. The garage of unit 2 extends beyond the forward most wall of the dwelling. The following justification is provided to vary the control:

The garage doors do not face Slocum Street, two windows are provided and therefore appears as a living area if viewed directly from the front

Unit 1 encroaches the most forward wall of the unit 2, resulting in the garage of unit 2 set only 3.2 metres to the front of the larger building structure.

Although the minimum setback requirement is 3m, the development is providing a 6m setback. In addition, Slocum Street has a very wide road reserve, resulting in the garage being set back approximately 21m from the road. It would be unreasonable to argue that the garage is dominating the streetscape.

The architect has endeavoured to ensure consistency with the existing Ascot development which also has garages set to the front of the units.

The development has been well articulated and the impact the garage would have on the streetscape is considered marginal.

Given the nature of the lot and the significant setback from the street, the proposed variation of control C4 is supported as it considered having no detrimental impact on the existing street character or built form. In addition, the proposal has incorporated design features which are responsive to the existing Ascot development. 9.3.7 Side and rear setbacks

Side and rear setbacks are important to maintain amenity between neighbouring sites, and to provide space for landscaping. Side setbacks need to be increased for additional building height. Given the form of the site and the layout, minimal space is provided for landscaping along the side and rear boundaries. The layout and design of the units however still provides for sufficient privacy, natural light, ventilation and space for maintenance and is deemed to comply with the requirement under this control.

9.4.1 Building elements

The proposal is considered of an appropriate form and appearance that not significantly detract from local amenity. Both units have separate clearly identifiable entries.

9.4.2 Materials and finishes

The main aim of the controls under this section is to encourage the use of external materials and finishes that are suited to their location and support consistent quality streetscapes. The materials and finishes of the proposed building are similar to the existing Ascot development to the west of the site. All facades have been heavily articulated to reduce the bulky appearance of the structure and to avoid monotonous facades.

9.4.3 Privacy

of 30

The building design has considered privacy impacts on adjoining properties, with limited windows overlooking on adjoining land. Where windows have been proposed, they have either been orientated or are used for a purposes that will reduce any potential impacts on adjoin properties.

9.4.5 Site facilities

External drying and bins storage areas are screened from neighbours and public areas and therefore comply with the outcomes sought under this section.

(a)(iiia) - any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and There are no planning agreements in place for this proposal. (a)(iv) - any matters prescribed by the regulations Matters prescribed by the Environmental Planning and Assessment Regulation 2000 have been satisfied.

(b) - The likely impacts of the development

Context and setting

The locality of the proposed development is residential in nature. The surrounding development is low to medium density in character, and although the development does not comply with the density and fence height controls, it is still considered appropriate given the context and setting of the site. The development is well integrated with the physical attributes of the site, including appropriate provision for access to natural light and ventilation, privacy, noise attenuation, landscaping and off-street parking.

Access, transport and traffic

Matters regarding traffic generation and parking have been discussed elsewhere in this report. It is considered that the proposed development will not have any adverse traffic implications in terms of road network capacity and that the parking meets Council’s off-street parking requirements.

Services

The proposed development has access to the reticulated water and sewerage network. The site has direct access to a road reserve and is required to provide electricity and telecommunication connections to the individual units as condition of the approval.

Heritage

of 30

The site is not identified as containing known significant cultural and/or heritage values. As such, the development will not detrimentally affect the values of places, which reflect the community’s history and identity.

Natural Hazards

The subject site is located in Central Wagga Wagga and is protected by the main city levee. A condition of consent requires that floor levels of all habitable structures be raised 225mm above the existing ground level and that actions may be undertaken to ensure that residential development is built at 500mm above the 1:100 year flood event. Man-Made Hazards

The site is not identified to be effected by man-made hazards.

Economic and Social Impact

It is anticipated that the proposed development will provide a positive social impact by providing essential housing and contributing to housing options available in the city.

During construction, a significant number of employment opportunities will be generated.

Other Land Resources

The proposal will have no impact on land resources.

Pollution and off-site environmental effects

The development is not considered to cause pollution and off-site environmental effects.

Flora and fauna

No significant vegetation exists on the site. The application will not result in any irreversible environmental damage. Noise and Vibration

Noise in the locality will increase during construction of the proposed development. However, this can be managed with the imposition of appropriate conditions.

Site Design and internal design

of 30

This has been discussed in previous sections of the report. The proposed development will have no significant impact on the natural environment and is considered acceptable as it blends in with the surrounding urban environment.

The Principles of Ecologically Sustainable Development

The proposal is considered to comply with the principles of Ecologically Sustainable Development such as inter-generational equality and conservation of biological diversity and ecological integrity.

(c) - The suitability of the site for the development

The subject site is located within an area that is designated for urban development. This assessment report has demonstrated that the development is compatible with adjoining uses and that there are no site constraints that would render the site unsuitable for the proposed development. The development meets all relevant planning intent and will result in an architectural design that is appropriate in scale and form that which will not cause significant adverse impacts on the existing built environment, or local character and amenity.

(d) - Any submissions made in accordance with this Act or the Regulations

Referrals Standard internal Council referrals of the application occurred. The application is supported, subject to conditions. Notification In accordance with the Council’s advertising and notification provisions outlined in Section 1.10 of the Wagga Wagga Development Control Plan 2010 the application was notified for 14 days between 4/02/15 and 23/02/15. Advertising

In accordance with the Council’s advertising and notification provisions outlined in Section 1.10 of the Wagga Wagga Development Control Plan 2010 the application was advertised for 14 days between 4/02/15 and 23/02/15.

Public Submissions

No submissions were received.

(e) - The public interest

of 30

Federal, state and local government interests and general community interests

This application has been considered in respect to the benefits of the broader community and the matters discussed in this report are all reflections of the public interest and community expectations. The proposed development will have no significant impact on federal, state or local government interest and the general community.

Other Legislative Requirements Section 5A ("Seven Part Test" - Threatened Species) As the site is located within an established urban area no issues are raised under this section of the report. No further assessment is required under this section. Section 79B(3) Owing to the modified nature of the site, and its proximity to other buildings, it is considered that the proposal will not negatively impact upon the matters detailed in Section 5A and 79B(3) of the Environmental Planning and Assessment Act 1979. Council Policies Not applicable. Comments by Council's Officers and/or Development Assessment Team Council's other relevant officers have reviewed the application in accordance with Council's processing procedures and are in support of the application, subject to conditions. Development Contributions Section 94/94A of the Environmental Planning and Assessment Act 1979 and the City of Wagga Wagga’s Section 94 Contributions Plan 2006-2009 / Levy Contributions Plan 2006 enables Council to levy contributions, where anticipated development will or is likely to increase the demand for public facilities. 1 (for one additional unit) x $6,679.00 (charge applicable to development in Central Wagga) x CPI (106.8/95.6) = $7461.46 Section 64 of the Environmental Planning and Assessment Act 1979, Section 306 of the Water Management Act 2000 as well as the City of Wagga Wagga’s Development Servicing Plan for Stormwater 2007 and/or City of Wagga Wagga Development Servicing Plan for Sewerage 2006 enable Council to levy developer charges based on the increased

of 30

demands that new development will have on sewer and/or stormwater. Section 64 stormwater contribution 0.83-0.74 x $3007(development charge) = 0.74 =$365.95 (CPI adjusted $437.15) Section 64 sewer contribution 1 (for one additional unit) x $3538 x CPI (106/100.5) = $3,731.62 Other Approvals Not required. Conclusion An assessment of the application has resulted in this application being supported on the following grounds: � The application is for a ‘dual occupancy’ which is a consistent use in the R3- Medium

Density Zone. � The proposed development will contribute to the housing choice in the area while

respecting the setting, layout and form of adjoining developments. � The application has provided sufficient justification for the variation of the density and

fence controls. � The development complies with the requirements of the Environmental Planning and

Assessment Act 1979 and will not compromise the outcomes sought for the Wagga Wagga Local Environmental Plan 2010.

� An assessment of the application against the relevant sections of the Wagga Wagga Development Control Plan 2010 demonstrates that the proposed development will not cause any significant adverse impacts on the surrounding natural environment, built environment, infrastructure, community facilities or local character and amenity.

The application is subsequently recommended for approval, subject to conditions.

RECOMMENDATION It is recommended that DA15/0022 for Attached Dual Occupancy (2 x 3 bedroom) and community title subdivision be approved, subject to the following conditions:-

of 30

CONDITIONS Approved Plans and Documentation

1. The development must be carried out in accordance with the approved plans and specifications as follows. Plan/DocNo. Plan/Doc Title Prepared by Issue Date Statement of

Environmental Effects

MJM Consulting engineers

Rev-01

20/01/15

McI/001/001/1415, Sheet 1 of 4

Site Plan and Shadow and Landscape Plan


A 12/12/14

McI/001/001/1415, Sheet 2 of 4

Floor Plans MJM Consulting engineers

11/14

McI/001/001/1415, Sheet 3 of 4

Elevations and Sections


11/14

Subdivision Plan


The Development Application has been determined by the granting of consent subject to and as amended by the conditions of development consent specified below.

NOTE: Any modifications to the proposal shall be the subject of an application under Section 96 of the Environmental Planning and Assessment Act, 1979.

REASON: It is in the public interest that work is carried out in accordance with the approved plans. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to release of Construction Certificate

2. Prior to the issue of a Construction Certificate details of all structural concrete and structural steelwork shall be submitted to the Principal Certifying Authority for approval, all such details shall be certified by a practising Structural Engineer.

REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

3. Prior to the release of Construction Certificate a geo-technical report must be submitted to the Principal Certifying Authority that demonstrates that the foundation upon which a footing/slab is to be located is classified in accordance with Part 3.2.4 "Site Classification", of the Building Code of Australia and AS 2870 Residential Slabs and Footings.

This report must be carried out by an experienced geo-technical engineering consultant, with associated testing being conducted by a NATA registered

of 30

laboratory. The report shall identify the type of "site classification" that exists on the subject site. Any footing/slab design is to be designed having regards to the identified site classification.

REASON: It is in the public interest that all building elements are designed to be able to withstand the combination of loads and other actions to which they may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

4. Prior to the issue of Construction Certificate the developer must lodge a bond with Council of:-

$1000.00 for security deposit on the kerb and gutter and footpath

NOTE 1: Applicants will be required to reference the INDIVIDUAL kerb and gutter bond number (BKG 0316) when lodging bond monies. Please reference the BKG number on the application form which is available from customer service and on council‘s website under the planning tab > document quick links > applications / or alternatively reference BKG number when making electronic payment.

NOTE 2: All monetary conditions are reviewed annually, and may change on 1 July each year.

NOTE 3: Works in the form of driveways, kerb and gutter and footpath may require you to obtain a Section 138 Roads Act 1993 approval. Please contact Councils Road Reserve Officer on 1300 292 442 prior to undertaking such works.

NOTE 4: Council will accept a once off security deposit for the kerb and gutter and footpath for applicants who lodge multiple DA‘s with council. If the applicant has security deposits held by Council for kerb and gutter and footpath at the time of Construction Certificate application, then Council may waive the need for an additional bond to be paid.

REASON: It is in the public interest that such fees are paid in accordance with Council’s Management Plan. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

5. A detailed or revised landscape plan and legend shall be submitted and approved prior to the release of the Construction Certificate. The landscape plan should include landscaping of the road reserve in front of the development facing Slocum Street.

(1) Landscape plan shall be in accordance with Council’s Landscape Guidelines and Landscape Application Checklist.

(2) A Plant Schedule indicating all plant species, pot sizes, spacings and numbers to be planted within the development shall be submitted with the Landscape Plan. Plant species are to be identified by full botanical name. All plants proposed in the landscape plan are to be detailed in the plant schedule.

REASON: To ensure that landscaping will be provided on the subject land. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

of 30

6. Prior to the release of the Construction Certificate, a Street Tree plan showing the location of all proposed street trees within the development shall be submitted for approval by the Director of Planning and Regulatory Services or their delegate. Generally, one tree per lot is to be provided.

REASON: To ensure that adequate street tree planting is provided and maintained on land adjacent to and adjoining the subject land. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

7. As street trees will become an asset of WWCC, if the applicant chooses to engage a contractor the following information is to be supplied for review and approval by WWCC prior to the release of the Construction Certificate:

(1) Company trading name

(2) Contractor’s license number

(3) Relevant experience of company

(4) Relevant qualifications of key staff undertaking the works

If the applicant chooses to engage a contractor to undertake the street tree planting then a bond of $450 per street tree is required to be paid to WWCC prior to the release of the Construction Certificate. Installation can only occur during the next available planting season (May-August).


Prior to Commencement of Works

8. Prior to works commencing on site, toilet facilities must be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be:

a) a standard flushing toilet connected to a public sewer, or

b) if that is not practicable, an accredited sewage management facility approved by Council, or

c) if that is not practicable, any other sewage management facility approved by Council.

NOTE 1: The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced and the toilet facility must not be removed without the prior written approval of Council.

NOTE 2: “Vicinity” in this condition is defined to mean within 50 metres of the subject building site.

NOTE 3: The toilet facilities are to comply with all WORK COVER NSW requirements.

of 30

REASON: To provide adequate sanitary facilities during the construction phase. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

9. A CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended from either Council or an accredited certifying authority certifying that the proposed works are in accordance with the Building Code of Australia PRIOR to any works commencing.

NOTE 1: No building, engineering, excavation work or food premises fitout must be carried out in relation to this development until the necessary Construction Certificate has been obtained.

NOTE 2: YOU MUST NOT COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if you made an application for a Construction Certificate at the same time as you lodged this Development Application.

NOTE 3: It is the responsibility of the applicant to ensure that the development complies with the provision of the Building Code of Australia in the case of building work and the applicable Council Engineering Standards in the case of subdivision works. This may entail alterations to the proposal so that it complies with these standards.

REASON: To ensure the design of the proposed work may be assessed in detail before construction commences and because it is in the public interest that the development complies with the appropriate construction standards. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

10. Prior to works commencing a container must be erected on site for the enclosure of all building rubbish and debris, including that which can be wind blown. The enclosure shall be approved by Council and be retained on site at all times prior to the disposal of rubbish at a licenced Waste Management Centre.

Materials and sheds or machinery to be used in association with the construction of the building must not be stored or stacked on Council’s footpath, nature strip, reserve or roadway.

NOTE 1: No building rubbish or debris must be placed, or be permitted to be placed on any adjoining public reserve, footway, road or private land.

NOTE 2: Weighbridge certificates, receipts or dockets that clearly identify where waste has been deposited must be retained. Documentation must include quantities and nature of the waste. This documentation must be provided to Council prior to application for an Occupation Certificate for the development.

NOTE 3: The suitable container for the storage of rubbish must be retained on site until an Occupation Certificate is issued for the development.

REASON: To ensure that the building site and adjoining public places are maintained in a clean and tidy condition so as not to interfere with the amenity of

of 30

the area. Section 79C (1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

11. Prior to the commencement of works erosion and sediment control measures are to be established and maintained to prevent silt and sediment escaping the site or producing erosion. This work must be carried out and maintained in accordance with Council’s:-

a) Development Control Plan 2010 (Section 2.8 and Appendix 2)

b) Erosion and Sediment Control Guidelines for Building Sites; and

c) Soils and Construction Volume 1, Managing Urban Stormwater

Prior to commencement of works, a plan illustrating these measures shall be submitted to, and approved by, Council.

NOTE: All erosion and sediment control measures must be in place prior to earthworks commencing.

REASON: To ensure the impact of the work on the environment in terms of soil erosion and sedimentation is minimised. Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

12. Prior to the planting of any street trees by the contractor each tree is to be inspected by the Director of Planning and Regulatory Services or their delegate to ensure that trees have been grown in accordance with relevant Natspec guidelines. Trees that have been rejected by the Director of Planning and Regulatory Services or their delegate are not to be planted.

WWCC will provide planting installation details to the contractor to ensure street trees are planted in accordance with Australian and WWCC standards.

The Director of Planning and Regulatory Services or their delegate will undertake an inspection following the installation of the street trees. Any street trees that have been planted incorrectly will be required to be replanted within one week of the inspection. If replanting does not occur WWCC will utilise the $450 bond per tree for each tree incorrectly planted and not replaced correctly to undertake the supply, planting and maintenance of the replacement tree/s.


13. Prior to the commencement of works, an application is required to be lodged for both an Activity Approval under Section 68, Part B - 4, 5 and 6, of the Local Government Act 1993 for any public infrastructure sewer / stormwater works and a Construction Certificate for all other subdivision works. These two applications should be lodged concurrently.

NOTE 1: Works carried out under a separately approved Section 68 prior to a Development Consent and/or Construction Certificate being issued are subject to change and are at the applicant's risk.

NOTE 2: The Section 68 Activity Approval (PUBLIC) may be subject to a works bond payable prior to the release of the Section 68 Activity Approval. The works bond payable will be determined based on

of 30

the category of works being undertaken. Refer to Council’s Section 68 Activity Approval Guide for definition of works categories.

REASON: To ensure that the activity is carried out with the relevant approvals required under the Local Government Act 1993.

14. Building work (within the meaning of the Home Building Act 1989) must not be carried out unless the Principal Certifying Authority for the development:

a) in the case of work done by a licensee under the Act:

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

ii) is satisfied that the licensee has complied with the requirements of Part 6 of that Act, OR

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

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

ii) has been given a declaration, signed by the owner of the land, that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Act,

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

NOTE: A certificate issued by an approved insurer under Part 6 of the Home Building Act 1989 that states that the person is the holder of an insurance policy is sufficient evidence to satisfy this condition.

REASON: To ensure the development complies with the requirements of Clause 98 of the Environmental Planning and Assessment Regulations 2000, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

15. Prior to works commencing, a sign must be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:

a) stating that unauthorised entry to the site is prohibited, and

b) showing the name of the person in charge of the work site and a telephone number at which that person may be contacted outside work hours

c) the development consent or complying development consent number, the name and contact details of the Principal Certifying Authority.

Any sign must be removed when the work has been completed.

NOTE: This condition does not apply to:

of 30

a) building work carried out inside an existing building, or

b) building work carried out on premises that must be occupied continuously (both during and outside work hours) while the work is being carried out.

REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

16. At least two (2) days prior to the commencement of any works, the attached ‘Notice of Commencement of Building or Subdivision Works and Appointment of Principal Certifying Authority’, must be submitted to Council.

REASON: Because it is in the public interest that Council receive notification in accordance with the provision of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

17. A Section 68 Approval must be obtained from Council prior to any sewer or stormwater work being carried out on the site. Further, a final inspection must be carried out upon completion of plumbing and drainage work prior to occupation/use of the development.

REASON: It is in the public interest that plumbing work is carried out with the relevant approvals required under the Local Government Act 1993 and the Plumbing Code of Australia. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

18. The licensed plumber must submit to Council, at least two (2) days prior to the commencement of any plumbing and drainage works on site a “Notice of Works”.

NOTE: A copy of the Notice of Works form can be found on Council’s website.

REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations.

During works

19. Vehicular access within the road reserve must be constructed to Council standards, at full cost to the developer, by a licensed Council approved contractor.

REASON: To ensure that the proposed access is constructed by an approved Council Contractor. Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended.

20. If the Council is appointed as the Principal Certifying Authority the following inspections must be undertaken by Council and a satisfactory Inspection Report must be issued by Council for such works prior to any further works being undertaken in respect of the subject development. Inspection Stages for construction are listed in Column 1 and must be inspected by Council at the times specified in Column 2. COLUMN 1 COLUMN 2

of 30

Footings When the footings have been excavated and all steel reinforcement has been placed in position.

Slab When reinforcement steel has been placed in position in any concrete slab, whether or not the slab is suspended, on the ground, or on fill.

Wall frame When the frame has been erected and prior to sheeting and or brick veneer outer wall has been constructed and tied to the frame.

Roof frame When external roof covering has been installed and prior to the installation of the ceiling lining and eaves soffit lining.

Wet areas When waterproofing has been applied to all wet areas, prior to tiling or finishing of surface.

Final Required prior to occupation of the building

NOTE 1: A Final Occupation Certificate in relation to the building cannot be issued by Council until all Inspection Reports required by this condition have been issued by Council. Prior to or at the time of the application for Occupation Certificate the application for “Occupation Certificate” form attached to the Council issued Construction Certificate must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate application form will result in an inability for Council to book and subsequently undertake occupation certificate inspection.

NOTE 2: The above Inspection Reports are required whether or not the work has been inspected by a Structural Engineer, a lending authority or any other person. If the Inspection Reports are not issued Council may refuse to issue a Building Certificate under Section 149A of the Environmental Planning and Assessment Act 1979, as amended.

NOTE 3: Submission of the bracing plan and the Truss and Frame Certificate is required seven (7) working days before the frame inspection.

REASON: It is in the public interest that Compliance Certificates be issued for these components of the development, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

21. The Builder must at all times maintain, on the job, a legible copy of the plan and specification approved with the Construction Certificate.

REASON: It is in the public interest that a copy of the Construction Certificate plans are available, and Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

22. All excavation and backfilling associated with the erection/demolition of the building must be properly guarded and protected to prevent them from being dangerous to life or property.

of 30

Excavations must be undertaken in accordance with the terms and conditions of Section 2.7 of the Wagga Wagga Development Control Plan 2010.

REASON: It is in the public interest that all building elements are able to withstand the combination of loads and other actions to which it may be subjected. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

23. The concrete slab floor shall be treated against termites in accordance with AS 3660-1 2000 Termite Management:

a) NON CHEMICAL - where a non chemical treatment (physical barriers) is to be used the applicant shall submit details to Council prior to any work commencing.

b) CHEMICAL RETICULATION - where a chemical method of treatment is to be used by way of reticulation, details shall be provided to Council for approval prior to installation accompanied by a signed maintenance contract with a Pest Control Operator.

Applicants and owners are to ensure that an annual inspection is undertaken to determine need for treatment.

c) CHEMICAL TREATMENT - where a chemical method of treatment is to be used by way of hand spray treatment before laying the slab, details shall be provided to the Council for approval prior to installation.

Warning - Applicants and owners are warned that the expected life of the under floor barrier (Chemical Treatment) is only ten (10) years and the external barrier (Chemical Treatment) is only five (5) years. The actual protection will depend on factors such as termite hazards, climate and soil conditions.

Council recommends in all cases of chemical treatment including reticulation that regular annual inspection be carried out by a licensed Pest Control Operator to determine the need for re-treatment.

d) Upon installation of the method of treatment, a Certificate shall be issued to Council by the licensed installer of the system certifying that the system installed is in accordance with AS 3660-1 and in accordance with any specific requirements of the Council.

e) A durable notice must be permanently fixed to the building in the electricity meter box indicating:

i) The method of protection

ii) The date of installation of the system

iii) Where a chemical barrier is used, its life expectancy as listed on the National Registration Authority label.

iv) The need to maintain and inspect the system on a regular basis.

REASON: It is in the public interest that where appropriate termite management treatments are used in compliance with AS 3660.1.2000 Termite Management New Building Work. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

of 30

24. The permitted construction hours are Monday to Friday 7.00am to 6.00pm and Saturday 7.00am to 5.00pm, excepting public holidays. All reasonable steps must be taken to minimise dust generation during the demolition and/or construction process. Demolition and construction noise is to be managed in accordance with the Office of Environment and Heritage Guidelines.

REASON: To ensure building works do not have adverse effects on the amenity of the area. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

25. A 1.2 metre wide, 100 mm thick concrete footpath(s) shall be constructed within the footway(s) on the western side of Slocum Street along the full frontage of the lot in accordance with Council’s Engineering Guidelines for Subdivision and Developments.

REASON: The size and complexity of the subdivision warrants a concrete footpath(s) in this/those location(s). Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

26. All earthworks, filling, building, driveways or other works, must be designed and constructed (including stormwater drainage if necessary) so that at no time, will any ponding of stormwater occur on adjoining land as a result of this development.

REASON: To prevent the proposed development having a detrimental effect on the developments existing on the adjoining lands. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

27. Stormwater drainage must be constructed and maintained so as to provide a 1 in 10 year pipe system, satisfactory overland flow path and not adversely affect adjacent properties.

REASON: To prevent the proposed development having a detrimental effect on the developments existing on the adjoining lands. Section 79C(1)(b) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

28. Floor levels must be 225mm above existing ground level.

NOTE 1: The applicant may undertake actions to ensure that approved residential development is built at 500mm above the 1:100 year flood event, subject to a separate development application approval.

REASON: To reduce the likelihood of damage from floodwaters. Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended.

29. The building must be designed and constructed in such a manner and of such materials as to minimise the likelihood of damage to the building in the event of flooding.

REASON: To reduce the likelihood of damage from flood waters. Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as amended.

30. All building work must be carried out in accordance with the requirements of the Building Code of Australia (as in force on the date the application for the relevant Construction Certificate or Complying Development Certificate was made).

of 30

REASON: To ensure the development complies with the requirements imposed under Clause 98 of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A(11) of the Environmental Planning and Assessment Act 1979, as amended.

31. A Compliance Certificate for the plumbing and drainage work identified in Column 1 at the times specified in Column 2 must be obtained from Council.

COLUMN 1 COLUMN 2 Internal Sewer Drainage

When all internal plumbing work is installed and prior to concealment.

External Sewer Drainage

When all external plumbing work is installed and prior to concealment.

Stormwater Drainage When all external stormwater drainage work is installed and prior to concealment.

Stack Work When all work is installed and prior to concealment.

Final Prior to occupation of the building.

REASON: It is in the public interest that plumbing work is certifying as complying with AS/NZS 3500.2003 and Plumbing Code of Australia.

Prior to release of Survey Certificate

32. Pursuant to s94 of the Environmental Planning and Assessment Act 1979, and the City of Wagga Wagga Section 94 Contributions Plan 2006-2019, prior to the release of the Plan of Subdivision, a monetary contribution must be paid to Council towards the cost of Contributions Plan preparation and management, Civic, Community and Cultural - Future, Civic, Community and Cultural - Recoupment, Roads and Traffic Management - Future, Open Space and Recreation - Recoupment, Open Space and Recreation - Future (without land and dedication), Open Space and Recreation - Future (with land dedication) to meet the development. The amount payable under this condition must be indexed in accordance with Clause 2.12 of the City of Wagga Wagga Section 94 Contributions Plan 2006-2019. A copy of the City of Wagga Wagga Section 94 Contributions Plan 2006-2019, is available for inspection at Council Chambers, corner Baylis and Morrow Streets, Wagga Wagga.

NOTE 1: The Section 94 base figure is $6,679.00

The Section 94 contribution (updated by the CPI) required to be paid is $7,461.46

NOTE 2: Section 94 contributions shall be indexed in accordance with CPI.

NOTE 3: The figures outlined in this consent are based on the current rate of CPI. Please be advised that CPI changes on a regular basis and you are advised to contact Council prior to payments being made, to ensure no further CPI increases/decreases have occurred since the date of this consent.

REASON: Having considered the development in accordance with Section 94 of the Environmental Planning and Assessment Act 1979, as amended, Council is

of 30

satisfied that the development will require the provision of, or increase the demand for, public infrastructure, public amenities or services within the area. Section 80A(1)(h) of the Environmental Planning and Assessment Act 1979, as amended.

33. Prior to the release of the Subdivision Certificate a compliance certificate under s306 of the Water Management Act 2000 must be obtained in respect of the development relating to water management works that may be required in connection with the development.

NOTE1: ‘Water management work’ is defined in s283 of the Water Management Act to mean a ‘water supply work‘, ‘drainage work‘, ‘sewage work’ or ‘flood work’. These terms are defined in that Act.

NOTE 2: Riverina Water is responsible for issuing compliance certificates and imposing requirements relating to water supply works for development in the Council‘s area - please contact Riverina Water to ascertain compliance certificate water supply related requirements. A copy of such a compliance certificate is required prior to release of the Subdivision Certificate.

NOTE 3: The Council is responsible for issuing compliance certificates and imposing requirements relating to sewerage, drainage and flood works for development in its area.

NOTE 4: Under s306 of the Water Management Act 2000, Riverina Water or the Council, as the case requires, may, as a precondition to the issuing of a compliance certificate, impose a requirement that a payment is made or works are carried out, or both, towards the provision of water supply, sewerage, drainage or flood works.

NOTE 5: The Section 64 Sewer base figure is $3,528

The Section 64 Sewer contribution (updated by the CPI) required to be paid is $3,731.62

NOTE 6: The Section 64 Stormwater base figure is $365.95

The Section 64 Stormwater contribution (updated by the CPI) required to be paid is $437.15

NOTE 7: Section 64 contributions shall be indexed in accordance with CPI.

NOTE 8: The figures outlined in this consent are based on the current rate of CPI. Please be advised that CPI changes on a regular basis and you are advised to contact Council prior to payments being made, to ensure no further CPI increases/decreases have occurred since the date of this consent.

REASON: It is in the public interest that Council maintain the ability to provide adequate water and sewer reticulation services. Section 79C(1)(c) and (e) of the Environmental Planning and Assessment Act 1979, as amended.

34. A Subdivision Certificate, pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, as amended must be obtained from Council, prior to its lodgement with the Lands Titles Office.

of 30

The Final Survey Plan (two paper copies and an electronic copy) must be submitted to Council along with the application for Subdivision Certificate and associated checklist.

NOTE: Council will only consider issuing a Subdivision Certificate in relation to this subdivision when it is satisfied that all conditions of development consent relating to the subdivision have been complied with and the appropriate fee paid.

REASON: It is in the public interest that the plan is certified in accordance with the provisions of the Environmental Planning and Assessment Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

35. Prior to the issue of the Subdivision Certificate the following documents shall be submitted to Council to demonstrate that the requirements of the public utility services have been met:-

i) Essential Energy: Notification of Arrangement OR Certificate of Acceptance

ii) APA Gas: Certificate of Acceptance

iii) Riverina Water: Certificate of Compliance

REASON: To ensure that the servicing requirements of public utility authorities have been met, to service the development. Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979, as amended.

Prior to release of Occupation Certificate / Prior to Operation

36. Prior to the issue of Occupation Certificate, the paving of all vehicular movement areas must be either a minimum of 150mm thick flexible pavement and sealed or 150mm thick reinforced concrete.

REASON: To provide all weather vehicular movement and to minimise nuisances to adjoining development from noise and dust. Section 79C(1)(b) and (c) of the Environmental Planning and Assessment Act 1979, as amended.

37. An Occupation Certificate, must be obtained pursuant to Section 109C of the Environmental Planning and Assessment Act 1979, from either Council or an accredited certifying authority, prior to occupation of the building.

In order to obtain this, the “Final Occupation Certificate” form must be completed and submitted to Council with all required attachments - failure to submit the completed Occupation Certificate Application form will result in an inability for Council to book and subsequently undertake Occupation Certificate inspection.

NOTE: The issuing of an Occupation Certificate does not necessarily indicate that all conditions of development consent have been complied with. The applicant is responsible for ensuring that all conditions of development consent are complied with.

REASON: It is in the public interest that an Occupation Certificate be issued prior to occupation of the building. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

of 30

38. The commitments listed in any relevant BASIX Certificate for this development must be fulfilled in accordance with the BASIX Certificate Report, Development Consent and the approved plans and specifications.

REASON: To ensure the development complies with the requirements imposed under Clause 97A of the Environmental Planning and Assessment Regulations 2000, as amended, and Section 80A (11) of the Environmental Planning and Assessment Act 1979, as amended.

39. Prior to the issue of an Occupation Certificate a Water Plumbing Certificate from Riverina Water County Council shall be submitted to Council.

NOTE 1: The applicant is to obtain a Plumbing Permit from Riverina Water County Council before any water supply/plumbing works commence and a Compliance Certificate upon completion of the works. Contact Riverina Water County Council’s Plumbing Inspector on 6922 0618. Please be prepared to quote your Construction Certificate number.

REASON: To ensure that the water servicing requirements of the development have been approved by the relevant authority. Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979, as amended.

40. A final inspection must be carried out upon completion of plumbing and drainage work and prior to occupation of the development, prior to the issuing of a final plumbing certificate Council must be in possession of Notice of Works, Certificate of Compliance and Works as Executed Diagrams for the works. The works as Executed Diagram must be submitted in electronic format in either AutoCAD or PDF file in accordance with Council requirements.

All plumbing and drainage work must be carried out by a licensed plumber and drainer and to the requirements of the Plumbing and Drainage Act 2011.

NOTE: Additional fees for inspections at the Plumbing Interim Occupancy / Plumbing Occupation stage may apply. This will depend on the number of inspections completed at this stage of the work/s.

REASON: To ensure compliance with the relevant provisions of the Plumbing and Drainage Act 2011 and Regulations.

General

41. Once street trees have been planted, inspected and approved by WWCC, the two years maintenance period will commence. Ongoing establishment and maintenance is to occur during this period to ensure a 100% survival rate of street trees. Any trees lost during this period due to death, disease, vandalism etc will require replacement by the organisation that installed the trees (be it WWCC or the applicant).

If planting is undertaken by a contractor, at the end of the two years maintenance period the Director of Planning and Regulatory Services or their delegate will undertake an inspection of the street trees. WWCC will utilise the $450 bond per tree for each tree incorrectly planted and not replaced

of 30

correctly to undertake the supply, planting and maintenance of the replacement tree/s.


42. Wagga Wagga City Councils Engineering Guidelines for Subdivisions and Development shall be referred to for the design of engineering requirements. Any aspect of the design which is not covered in Councils document should reference relevant specifications selected from other sources. Any aspect of the design that is not in accordance or not covered in council's document shall be listed and submitted with the plans for separate approval.

REASON: So that Council may ensure that the design and construction is in accordance with Councils requirements and for the information of the emergency services. Section 79c (I) (e) of the Environmental Planning and Assessment Act 1979, as amended.

separate cover attachment psrp-1 da15/0022 … · separate cover attachment ... maximum height for...

Documents