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Recommendation
That Council issue
development consent for the following development subject to the consent
conditions below:
· Application No: DA MOD 2023/101.2
· Property: Lot: 1 DP: 1296902, 6
Pinkerton Lane, Cootamundra
· Erection of a new shed ancillary to existing
dwelling and continued use of carport (erected without consent) ancillary to
existing dwelling.
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General Conditions
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1
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Compliance
with Building Code of Australia and insurance requirements
under Home Building Act 1989
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1. It is a condition of a
development consent for development that involves building work that the
work must be carried out in accordance with the requirements of
the Building Code of Australia.
2. It is a condition of a
development consent for development that involves residential building work
for which a contract of insurance is required under the Home
Building Act 1989, Part 6 that a contract of insurance is in force before
building work authorised to be carried out by the consent commences.
3. It is a condition of a
development consent for a temporary structure used as an entertainment
venue that the temporary structure must comply with Part B1 and NSW Part
H102 in Volume 1 of the Building Code of Australia.
4. In subsection (1), a
reference to the Building Code of Australia is a reference to
the Building Code of Australia as in force on the day on which the
application for the construction certificate was made.
5. In subsection (3), a
reference to the Building Code of Australia is a reference to
the Building Code of Australia as in force on the day on which the
application for development consent was made.
6. This section does not
apply—
a. to the extent to which an
exemption from a provision of the Building Code of Australia or
a fire safety standard is in force under the Environmental Planning
and Assessment (Development Certification and Fire Safety) Regulation
2021, or
b. to the erection of a
temporary building, other than a temporary structure to which subsection
(3) applies.
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Condition reason: Prescribed condition under section 69 of the
Environmental Planning and Assessment Regulation 2021.
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2
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Erection of signs
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1. This section applies to a
development consent for development involving building work, subdivision
work or demolition work.
2. It is a condition of the
development consent that a sign must be erected in a prominent position
on a 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 certifier for the work, and
b. showing the name of the
principal contractor, if any, for the building work and a telephone
number on which the principal contractor may be contacted outside working
hours, and
c. stating that unauthorised
entry to the work site is prohibited.
3. The sign must be—
a. maintained while the
building work, subdivision work or demolition work is being carried out,
and
b. removed when the work has
been completed.
4. This section does not apply
in relation to—
a. building work, subdivision
work or demolition work carried out inside an existing building, if the
work does not affect the external walls of the building, or
b. Crown building work
certified to comply with the Building Code of Australia under the Act,
Part 6.
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Condition reason: Prescribed condition under section 70 of the
Environmental Planning and Assessment Regulation 2021.
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3
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Notification of Home
Building Act 1989 requirements
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1. This section applies to a
development consent for development involving residential building work
if the principal certifier is not the council.
2. It is a condition of the
development consent that residential building work must not be carried
out unless the principal certifier for the development to which the work
relates has given the council written notice of the following—
a. for work that requires a
principal contractor to be appointed—
i. the name and licence
number of the principal contractor, and
ii. the name of the insurer of
the work under the Home Building Act 1989, Part 6,
b. for work to be carried out
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 the Home Building Act 1989—the
number of the owner-builder permit.
3. If the information notified
under subsection (2) is no longer correct, it is a condition of the
development consent that further work must not be carried out unless the
principal certifier has given the council written notice of the updated
information.
4. This section does not apply
in relation to Crown building work certified to comply with the Building
Code of Australia under the Act, Part 6.
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Condition reason: Prescribed condition under section 71 of the
Environmental Planning and Assessment Regulation 2021.
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4
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Approved plans and
supporting documentation
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Development
must be carried out in accordance with the following approved plans and
documents, except where the conditions of this consent expressly require
otherwise.
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Approved
plans
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Plan
number
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Revision
number
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Plan
title
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Drawn
by
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Date
of plan
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A.01
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C
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Site
Plan
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DA
Busters
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21/09/2023
received by council 30/11/2023
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A.01
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4
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Site
Plan
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DA
Busters
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10/7/2024
showing 2.195m
setback at closest point for shed
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-
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B
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Carport
Plans
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DA Busters
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30/11/2023
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-
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-
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Shed Plan and Elevations
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Shed Tech
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24/03/2023
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In the event of any inconsistency with
the approved plans and a condition of this consent, the condition
prevails.
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Condition reason: To
ensure all parties are aware of the approved plans and supporting
documentation that applies to the development.
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Before building work commences
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5
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Appointment of a
Principal Certifier
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Prior
to the commencement of any construction works, the person having benefit
of this Development Consent must appoint a Principal Certifier.
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Condition reason: To
ensure legislative requirements are met.
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6
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Construction
Certificate
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A
Construction Certificate must be submitted and approved by a nominated
Certifier prior to any building works taking place on the subject site.
The Construction Certificate must be lodged via the NSW Planning Portal.
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Condition reason: To
ensure compliance with the requirements of the Environmental Planning and
Assessment Regulation 2021.
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7
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Erosion and sediment
controls in place
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Before
any site work commences, the Principal Certifier, must be satisfied
that erosion and sediment controls in the erosion and sediment
control plan are in place. These controls must remain in place until any
bare earth has been restabilised in accordance with 'Managing Urban
Stormwater: Soils and Construction’ prepared by Landcom (the Blue
Book) (as amended from time to time).
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Condition reason: To
ensure sediment laden runoff and site debris do not impact local
stormwater systems and waterways.
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8
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Notice of intention
to commence building work
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The
proponent must give the Principal Certifier at least 2 days notice
of their intention to commence building works. The notice of intention to
commence building works must be lodged on the NSW Planning Portal in
accordance with Section 6.6 of Environmental Planning and Assessment
Act 1979 and Section 59 of Environmental Planning and Assessment
(Development Certification and Fire Safety) Regulation 2021.
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Condition reason: To
ensure legislative requirements are met
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9
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Underground Services
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The
proponent shall locate and identify all existing underground
services prior to commencement of works and ensure there shall be no
conflict between the proposed development and existing infrastructure including
areas external to the development site where works are proposed.
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Condition reason: To
ensure the utility services are protected and satisfactory for the
proposed development.
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During building work
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10
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Discovery of relics
and Aboriginal objects
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While
site work is being carried out, if a person reasonably suspects a relic
or Aboriginal object is discovered:
a. the work in the area of the discovery
must cease immediately;
b. the following must be notified
i. for a relic –
the Heritage Council; or
ii. for
an Aboriginal object – the person who is the authority for the
protection of Aboriginal objects and Aboriginal places in New South Wales
under the National
Parks and Wildlife Act 1974, section 85.
Site work may recommence at a time
confirmed in writing by:
a. for a relic – the Heritage
Council; or
b. for an
Aboriginal object – the person who is the authority for the
protection of Aboriginal objects and Aboriginal places in New South Wales
under the National
Parks and Wildlife Act 1974, section 85.
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Condition reason: To ensure the protection of objects of
potential significance during works.
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11
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Procedure for
critical stage inspections
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While
building work is being carried out, the work must not continue after each
critical stage inspection unless the principal certifier is satisfied the
work may proceed in accordance with this consent and the relevant
construction certificate.
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Condition reason: To
require approval to proceed with building work following each critical
stage inspection.
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12
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Approved Plans
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A
copy of the endorsed plans, specifications, development consent, the
construction certificate and any other certificates to be relied upon
shall be available on site at all times during construction.
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Condition reason: To
ensure compliance with relevant plans and approvals
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13
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Deliveries
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While site work is being carried out,
deliveries of material and equipment must only be carried out
between—
· Mondays to Fridays - 7:00am to 6:00pm;
· Saturdays - 8:00am to 1:00pm;
· No work permitted on Sundays and Public
Holidays.
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Condition reason: To protect the amenity of neighbouring
properties.
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14
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Earthworks
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No
earthworks are permitted to be undertaken beyond those detailed on the
approved plans unless otherwise permitted by the exempt development
provisions of State Environmental Planning Policy (Exempt and
Complying Development Codes) 2008.
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Condition reason: To
ensure that the development is consistent with the approval
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15
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Footpath Storage
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Building
materials not to be stored on Council footway or nature strip at any
time.
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Condition reason: To
ensure an adequate level of public safety is maintained.
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16
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Hours of Work
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Site work must only be carried out
between the following times –
· Mondays to Fridays - 7:00am to 6:00pm;
· Saturdays - 8:00am to 1:00pm; and
· No work is permitted on Sundays and Public
Holidays.
Site
work is not to be carried out outside of these times except where there
is an emergency, or for urgent work directed by a police officer or a
public authority.
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Condition reason: To
protect the amenity of the surrounding area.
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17
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Restricted Public
Access
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It
is the responsibility of the proponent to restrict public access to
the building site, building works or materials or equipment on the site
when building work is not in progress or the site is otherwise unoccupied
in accordance with SafeWork NSW Regulations.
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Condition reason: To
ensure public safety is maintained.
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18
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Roof Water
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Roof water generated by the development
must be discharged to the water table or a rainwater tank complying with
exempt development provisions of State Environmental Planning Policy
(Exempt and Complying Development Codes) 2008. The stormwater outlet or tank
overflow outlet must discharge:-
· to the water table; and
· away from any buildings, structures, property
boundaries and effluent disposal area;
The point of discharge from the
overflow must be
· protected from being crushed or damaged; and
· provided with scour protection to prevent
erosion
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Condition reason: To ensure that roof water is disposed of
without nuisance to neighbours, damage to property or the environment.
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19
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Works Near
Electricity Infrastructure
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Given
there is electricity infrastructure in the area, it is the responsibility
of the person/s completing any works around powerlines to understand
their safety responsibilities. SafeWork NSW (www.safework.nsw.gov.au) has
publications that provide guidance when working close to electricity
infrastructure. These include the Code of Practice – Work near
Overhead Power Lines and Code of Practice – Work near Underground
Assets.
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Condition reason:
Safety of workers and building occupants.
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20
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Activities within
Electricity Easements and Close to Infrastructure
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Essential
Energy’s records indicate there is electricity infrastructure
located within close proximity of the property. Any activities within
this location must be undertaken in accordance with the latest industry
guideline currently known as ISSC 20 Guideline for the Management of
Activities within Electricity Easements and Close to Infrastructure.
Approval may be required from Essential Energy should activities within
the property encroach on the electricity infrastructure.
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Condition reason:
Safety of workers, building occupants and protection of electricity
infrastructure.
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Before issue of an occupation certificate
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21
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Repair of
infrastructure
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Before
the issue of an occupation certificate any public infrastructure damaged
as a result of the carrying out of work approved under this consent
(including damage caused by, but not limited to, delivery vehicles, waste
collection, contractors, sub-contractors, concreting vehicles) must be
fully repaired to the written satisfaction of Council, and at no cost to
Council.
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Condition reason: To
ensure any damage to public infrastructure is rectified.
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22
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Occupation of
building
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A
person must not commence occupation or use of the whole or any part of
the buildings unless an occupation certificate has been issued by the
appointed Principal Certifier.
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Condition reason: To
ensure the development is completed to a safe standard to allow use or
occupation and to ensure compliance with the requirements of this
consent.
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23
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Stabilisation of
Earthworks
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Prior
to the issue of an Occupation Certificate all earthworks must be
appropriately retained or battered at a ratio no steeper than
1:3 (vertical: horizontal) and vegetated to prevent erosion.
Any retaining wall constructed on-site
must comply with the exempt development provisions of State Environmental
Planning Policy (Exempt and Complying development Codes) 2007 or have
necessary development and construction approval.
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Condition reason: To
ensure earthworks are appropriately protected.
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Occupation and Ongoing use
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24
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Use of non-habitable
structures
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The
shed shall not be used or adapted for any residential, commercial or
industrial purpose unless prior development consent has been obtained.
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Condition reason: To
ensure the structure is used in accordance with this approval.
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25
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Condition – Building
Certificate Required.
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As the existing
carport structure was constructed without a valid Construction Certificate
or Complying Development Certificate, you are required as part of this
consent to obtain a Building Certificate from Council to formalize the
erection of the structure in question.
Reason: To formalize
the structure and prevent future orders being imposed.
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