DA-698/2015 - Demolition of existing structures, construction of a new service station, food & drinks premises, commercial premises & signage at 629-631 Hume Highway, Casula
Amended Recommended Conditions of Consent
Attachment 4: Amended recommended conditions of consent
A. THE DEVELOPMENT
1. Development the subject of this determination notice must be carried out strictly in accordance with the following plans/reports marked as follows:
D + R Architects
D + R Architects
Site + Floor Plan
D + R Architects
D + R Architects
Sections and Signage
D + R Architects
Mara Consulting Pty ltd
28 January 2016
Sediment & Erosion Control Plan
henry & hymas
Waste Management Plan
KDC Pty Ltd
SEPP 33 Preliminary Screen
17 April 2015
Crime Risk Assessment
KDC Pty Ltd
28 June 2015
Noise Impact Assessment
SLR Consulting Australia Pty Ltd
25 June 2015
Colston Budd Hunt & Kafes Pty Ltd
Baseline Environmental Assessment
14 May 2015
Arboricultural Impact Assessment
Allied Tree Consultancy
17 April 2015
Sediment & Erosion Control Details and Sections
henry & hymas
Operational Management Plan Hungry Jack’s
except where modified by the undermentioned conditions.
General Terms of Approval
2. All General Terms of Approval issued by NSW Roads and Maritime Service, shall be complied with prior, during, and at the completion of construction, as required in accordance with the General Terms of Approval dated 21 October 2015. A copy of the General Terms of Approval are attached to this decision notice.
Note: The General Terms of Approval makes reference to Site + Floor Plan, reference DA1.04T. An amended plan was submitted to Council, reference DA1.04Z, which does not alter the proposed driveway configuration. The General Terms of Approval still apply to the amended plans.
3. All recommendations issued by NSW Police, shall be complied with prior, during, and at the completion of construction, as required in accordance with the recommendations dated 8 February 2016. A copy of the recommendations are attached to this decision notice
Forecourt Management Plan
4. Within three (3) months of development consent, a Forecourt Management Plan shall be prepared to the satisfaction of Council. The plan shall include details of daily operations and management of the forecourt area (including any policies, procedures and staff training). This plan is to be prepared in accordance with the Environment Protection Authority (formerly known as Department of Environment & Climate Change) guideline ‘Environmental Action for Service Stations’.
A hard copy shall be kept on site at all times.
Amendment to Plans
5. The acoustic barrier adjacent to the eastern boundary must be amended to include:
(a) Transparent material to reduce the scale of the barrier when viewed from the adjacent residential dwellings; and
(b) Cantilever the wall to further reduce the scale.
The amended plans must be certified by a suitably qualified acoustic engineer to confirm that the acoustic barrier achieves the same outcomes as outlined within the approved Noise Impact Assessment prepared by SLR Consulting Australia Pty Ltd, dated 25 June 2015 (610.15052-R1), and submitted to the principal certifying authority with the application for any construction certificate.
B. PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE
The following conditions are to be complied with or addressed prior to issue of a Construction Certificate by the Principal Certifying Authority:
Provision of Services
6. An application to obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994, must be lodged with Sydney Water. To facilitate this, an application must be made through an authorised Water Servicing Coordinator. Please refer to the “building and developing” section of Sydney Water’s web site at www.sydneywater.com.au, or telephone 13 20 92.
Following receipt of the application, a ‘Notice of Requirements’ will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. A copy of the ‘Notice of Requirements’ must be submitted to the PCA.
7. Written approval must be gained from AusGrid stating they have reviewed the proposed engineering design plans and that they consent to the issue of a CC by the PCA.
8. Unless otherwise prescribed by this consent, all relevant fees or charges must be paid. Where Council does not collect these payments, copies of receipts must be provided. For the calculation of payments such as Long Service Levy, the payment must be based on the value specified with the Development Application/Construction Certificate.
The following fees are applicable and payable:
(a) Damage Inspection Fee – relevant where the cost of building work is $20,000 or more, or a swimming pool is to be excavated by machinery.
(b) Fee associated with Application for Permit to Carry Out Work Within a Road, Park and Drainage Reserve.
(c) Long Service Levy – based on 0.35% of the cost of building work where the costing of the CC is $25,000 or more.
These fees are reviewed annually and will be calculated accordingly.
Site Development Work
9. Site development work in the form of excavation, underpinning or shoring works must not take place, until such time as a CC has been issued.
10. All aspects of construction shall comply with the applicable Performance Requirements of the National Construction Code. Compliance with the Performance Requirements can only be achieved by:
(a) Complying with the Deemed to Satisfy Provisions; or
(b) Formulating an Alternative Solution, which complies with the Performance Requirements or is shown to be at least equivalent to the Deemed to Satisfy Provision, or a combination of (a) and (b).
11. The certifying authority must advise Council, in writing of:
(a) The name and contractor licence number of the licensee who has contracted to do or intends to do the work, or
(b) The name and permit of the owner-builder who intends to do the work.
If these arrangements are changed, or if a contact is entered into for the work to be done by a different licensee, Council must be immediately informed.
Fire Safety Measures
12. A schedule specifying all of the essential fire safety services, both existing and proposed, which are required for the building, shall be attached to the CC and submitted to Council, in compliance with the provisions of the EP&A Regulation.
Erosion and Sediment Control
13. Erosion and sediment control measures shall be designed in accordance with the requirements of the Liverpool DCP and Council specifications, and to the satisfaction of the PCA. Approved measures shall be implemented prior to commencement and maintained during construction and until all disturbed areas have been revegetated and established to the satisfaction of the PCA.
Recommendations of Acoustic Report
14. The recommendations provided in the approved Noise Impact Assessment, prepared by SLR Consulting Australia Pty Ltd, reference 610.14052-R1, dated 25 June 2015 shall be implemented and incorporated into the design and construction of the development and shall be shown on plans accompanying the CC application.
Crime Prevention Through Environmental Design
15. It is recommended that the following Crime Prevention Through Environmental Design (CPTED) principles be incorporated into the building. Where necessary, plans shall be amended to reflect incorporation of the principles and/or details of such to be submitted to the PCA.
(c) Back to base alarm systems shall be considered;
(d) Basement parking areas shall be painted a light colour;
(e) CCTV for the ground level, entry/exit points, car parks, lifts and the exterior of the building shall be considered;
(f) ‘Way finding’ signage should be utilised at all major interchanges such as lifts and stair wells;
(g) Lighting is required to be designed in accordance with the Australian and New Zealand Lighting Standard AS 1158. A lighting maintenance policy should be established. Security lighting should be installed in and around the building, and such shall not impact on any adjoining premises. The lighting should be vandal resistant, especially external lighting;
(h) Corrugated ramps should be considered to prevent skate boarding activities;
(i) Glazed tiling, patterned, porous and non solid surfaces reduce the reward for graffiti offenders;
(j) Any external approved palisade or pool style fencing shall be black in colour, unless otherwise noted on the approved plans/details;
(k) Access to the basement parking levels relating to the residential component of the building shall be controlled via a security controlled device.
S138 Roads Act – Minor Works in the public road
16. Prior to the issue of a Construction Certificate a S138 Roads Act application/s, including payment of fees shall be lodged with Liverpool City Council, as the Roads Authority for any works required in a public road. These works may include but are not limited to the following:
(a) Vehicular crossings (including kerb reinstatement of redundant vehicular crossings);
(b) Road opening for utilities and stormwater (including stormwater connection to Council infrastructure);
(c) Road occupancy or road closures
All works shall be carried out in accordance with the Roads Act approval, the development consent including the stamped approved plans, and Liverpool City Council’s specifications.
Note: Approvals may also be required from the Roads and Maritime Service (RMS) for classified roads.
Detailed Floor Plans
17. Detailed floor and section plans for the food premises shall be submitted to Liverpool City Council for consideration and approval prior to the issue of the construction certificate. The plans shall demonstrate compliance with the Food Act 2003, Australia New Zealand Food Standards Code and Australian Standard (AS) 4674-2004 Design, Construction and Fit-Out of Food Premises and detail the layout, disposition and method of installation of fixtures and fittings, together with wall, floor and ceiling finishes for the food premises.
In this regard, the submitted plans shall make provision for the following:
(a) Construction details/finishes for the floors (including coving), walls, ceiling, fixtures and fittings;
(b) Location and construction details of all light-fittings and floor wastes;
(c) A designated hand washing facility fitted with a single spout capable of delivering a supply of warm-running water;
(d) A double-bowl sink for washing and sanitising equipment;
(e) A cleaner’s sink or floor waste for disposal of liquid waste;
Note: The cleaner’s sink shall not be located in areas where open food is handled.
(f) Details of all fixtures, fittings and appliances including light -fittings;
(g) Details of storage facilities for cleaning equipment and staff personal belongings;
(h) Location and details of the waste storage area; and
(i) Details of proposed cooking appliances and mechanical ventilation system;
Note: In addition to the requirements of AS/NZS 1668.1 and AS 1668.2, an extraction system shall be provided where there is any dishwasher and other washing and sanitizing equipment that vents steam into the area to the extent that there is, or is likely to be, condensation collecting on walls and ceilings; and
Access, Car Parking and Manoeuvring – General
18. Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that vehicular access, circulation, manoeuvring, pedestrian and parking areas associated with the subject development are in accordance with AS 2890.1, AS2890.2, AS2890.6 and Liverpool City Council’s Development Control Plan.
19. A traffic management plan is to be submitted to Liverpool City Council’s Traffic Committee for approval. Works within the road reserve shall not commence until the traffic management plan has been approved.
20. The traffic management plan is to be prepared by an accredited designer and submitted to and stamp approved by Council via a standard Section 138 Roads Act Permit application available at Council’s customer service counter. The stamped approved Roads Act Permit is to be obtained by the PCA. A copy of the stamped approved Roads Act Permit and traffic management plan is to be available on the works site for inspection at any time by an authorised Council officer.
21. Detailed swept path analysis for MRV and 19m Articulated Vehicles to be provided to Traffic Planning Section for approval.
22. Detailed line marking and sign posting schemes to be provided to Traffic Planning Section for approval.
Retaining Walls on Boundary
23. All retaining walls shall be of masonry construction and must be wholly within the property boundary, including footings and agricultural drainage lines. Construction of retaining walls or associated drainage works along common boundaries shall not compromise the structural integrity of any existing structures.
24. Where a retaining wall exceeds 600mm in height, the wall shall be designed by a practicing structural engineer and a construction certificate must be obtained prior to commencement of works on the retaining wall.
Stormwater Concept Plan
25. A stormwater drainage system shall be provided generally in accordance with the concept plan/s lodged for development approval, prepared by Henry and Hymas, reference number 15237_DA_C100, revision 05, dated 12.10.15.
26. The proposed development and stormwater drainage system shall be designed to ensure that stormwater runoff from upstream properties is conveyed through the site without adverse impact on the development or adjoining properties.
27. Engineering plans and supporting calculations for the stormwater drainage system are to be prepared by a suitably qualified engineer and shall accompany the application for a Construction Certificate. The plan shall indicate the method of disposal of all stormwater and must include rainwater tanks, existing ground levels, finish surface levels and sizes of all pipes.
28. Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that the stormwater drainage system has been designed in accordance with Liverpool City Council’s Design Guidelines and Construction Specification for Civil Works.
29. Prior to the issue of a Construction Certificate the Certifying Authority shall ensure that details of a stormwater pre-treatment system have been provided on the stormwater plans and that the design meets pollutant retention criteria in accordance Council’s Development Control Plan.
The Construction Certificate must be supported by:
(a) Specification & installation details of the stormwater pre-treatment system;
(b) The approval of an operation and maintenance manual/ schedule for the stormwater pre-treatment system.
A copy of the approved operation and maintenance manual/ schedule shall be submitted to Liverpool City Council with notification of the Construction Certificate issue.
C. PRIOR TO WORKS COMMENCING
The following conditions are to be complied with or addressed prior to works commencing on the subject site/s:
30. Detailed Civil engineering plans and specifications relating to the work shall be endorsed with a CC, in accordance with Section 81A of the Act, and a copy registered with Council.
31. Detailed engineering plans and specifications relating to the work shall be endorsed with a CC, in accordance with Section 81A of the EP&A Act, and a copy submitted to Council, with payment of any relevant fees.
32. Any CC that may be issued in association with this development consent must ensure that any certified plans and designs are generally consistent (in terms of site layout, site levels, building location, size, external configuration and appearance) with the approved Development Application plans.
Notification/Principal Certifying Authority
33. The applicant shall advise Council of the name, address and contact number of the Accredited Certifier, in accordance with Section 81A (4) of the Act.
34. The PCA must advise Council of the intended date to commence work which is the subject of this consent by completing a notice of commencement of building works or subdivision works form, available from Council’s Customer Service Centre. A minimum period of two (2) working days notice must be given.
35. Written notice of intention shall be given to the owner of the adjoining allotments of land, outlining the particulars of the proposed work, which involves:
(a) Any excavation, below the base of the footings of a building on an adjoining allotment of land.
(b) The notice shall be given seven (7) days prior to the commencement of work.
36. In the event the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the following is to be undertaken at full cost to the developer:
(a) Protect and support the adjoining premises from possible damage from the excavation, and
(b) where necessary, underpin the adjoining premises to prevent any such damage.
37. Toilet facilities must be available or provided at the work site and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.
Each toilet must:
(a) be a standard flushing toilet connected to a public sewer, or
(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or
(c) be a temporary chemical closet approved under the Local Government Act 1993.
38. The applicant/ builder shall be responsible to report to the Council any damage to Council’s footpath and road carriageway as a consequence of demolition or excavation or building activities or delivery/ departure of materials associated with this site. The damage shall be reported to Council as soon as the damage becomes apparent to the builder/ site manager. Arrangements to the satisfaction of Council are to be made for making safe by temporary repairs to the public way until permanent restoration and repair can be organised with Council.
39. Retaining walls or other approved methods necessary to prevent the movement of excavated or filled ground, together with associated subsoil drainage and surface stormwater drainage measures, shall be designed strictly in accordance with the manufacturers details or by a practising structural engineer. Retaining walls on any boundary are to be of masonry construction.
40. Prior to demolition the existing building(s) on the land must be investigated for the presence of asbestos. All asbestos must be removed and disposed of in accordance with all regulatory requirements, including those of WorkCover NSW and the Environment Protection Authority.
41. Adequate refuse disposal methods and builders storage facilities shall be installed on the site. Builders’ wastes, materials or sheds are not to be placed on any property other then that which this approval relates to.
Site Notice Board
42. A sign must be erected in a prominent position on the premises on which work is to be carried out. The sign is to be maintained during work, and removed at the completion of work. The sign must state:
(a) The name, address and telephone number of the principal certifying authority for the work; and
(b) The name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours; and
(c) Unauthorised entry to the premises is prohibited.
Notification of Service Providers
43. The approved plans must be submitted to a Sydney Water Quick Check agent to determine whether the development will affect any Sydney Water sewer or water main, stormwater drains and/or easement, and if further requirements need to be met. Plans will be appropriately stamped.
For further assistance please telephone 13 20 92 or refer to Sydney Water’s website www.sydneywater.com.au for:
· Quick Check agent details - see Plumbing, building and developing then Quick Check agents, and
· Guidelines for Building Over/Adjacent to Sydney Water Assets - see Plumbing, building and developing then Building over or next to assets.
Tree Protection Measures
44. To preserve and protect the trees identified for retention on the approved site plan, tree protection measures and practices shall be installed and exercised throughout the development in accordance with the recommendations of the Arboricultural Impact Assessment prepared by Allied Tree Consultancy dated 17 April 2015.
45. Prior to the exportation of waste (including fill or soil) from the site, the material shall be classified in accordance with the provisions of the POEO Act 1997, POEO Waste Regulation 2014 and NSW EPA 'Waste Classification Guideline’ (dated November 2014) The classification of the material is essential to determine where the waste may be legally taken. The POEO Act provides for the commission of an offence for both the waste owner and transporters if waste is taken to a place that cannot lawfully be used as a waste facility for the particular class of waste. For the transport and disposal of industrial, hazardous or Group A liquid and non-liquid waste advice should be sought from the DECCW (EPA).
46. Adequate soil and sediment control measures shall be installed and maintained. Furthermore, suitable site practices shall be adopted to ensure that only clean and unpolluted waters are permitted to enter Council’s stormwater drainage system during construction/demolition. Measures must include, as a minimum:
(a) Siltation fencing;
(b) Protection of the public stormwater system; and
(c) Site entry construction to prevent vehicles that enter and leave the site from tracking loose material onto the adjoining public place.
Sediment & Erosion Control
47. Prior to commencement of works sediment and erosion control measures shall be installed in accordance with the approved Construction Certificate and to ensure compliance with the Protection of the Environment Operations Act 1997 and Landcom’s publication “Managing Urban Stormwater – Soils and Construction (2004)” – also known as “The Blue Book”.
48. The erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised.
49. Prior to the Commencement of Works a dilapidation report of all infrastructure fronting the development in Hume Highway is to be submitted to Liverpool City Council. The report is to include, but not limited to, the road pavement, kerb and gutter, footpath, services and street trees and is to extend 10m either side of the development.
D. DURING CONSTRUCTION
The following conditions are to be complied with or addressed during construction:
50. In the case of a class 5, 6, 7, 8 or 9 building, critical stage inspections must be carried out by the appropriate person in accordance with EP&A Regulation, with Compliance Certificates issued for each inspection. The last critical stage inspection must be carried out by the PCA. The following components of construction are relevant:
(a) after excavation for, and before the placement of, any footings, and
(b) prior to covering any stormwater drainage connections; and
(c) after the building work has been completed and prior to any occupation certificate being issued in relation to the building.
Note: These certificates or documentary evidence must be submitted to Council with any OC issued for the development
Hours of Construction Work and Deliveries
51. Construction work/civil work/demolition work, including the delivery of materials, is only permitted on the site between the hours of 7:00am to 6:00pm Monday to Friday and 8:00am to 1:00pm Saturday. No work will be permitted on Sundays or Public Holidays, unless otherwise approved by Council.
52. A temporary security fence to WorkCover Authority requirements is to be provided to the property during the course of construction.
Note. Fencing is not to be located on Council’s reserve area.
53. All demolition work is to be carried out in accordance with the requirements of AS 2601. Demolition is to be carried out strictly in accordance with the approved procedures and work plan.
54. Access, parking and facilities for persons with disabilities to be provided in accordance with the provisions of the National Construction Code.
General Site Works
55. Alterations to the natural surface contours must not impede or divert natural surface water runoff, so as to cause a nuisance to adjoining property owners.
56. Existing hydrological regimes shall be maintained so as not to negatively impact vegetation to be retained on site and downslope/downstream of the site.
57. The development, including construction, shall not result in any increase in sediment deposition into any water body, wetland, bushland or environmentally significant land.
58. All dangerous and/or hazardous material shall be removed by a suitably qualified and experienced contractor, licensed by WorkCover NSW. The removal of such material shall be carried out in accordance with the requirements of WorkCover NSW. The material shall be transported and disposed of in accordance with the Protection of the Environment Operation (Waste) Regulation 2014.
Car Parking Areas
59. Car parking spaces and driveways must be constructed of a minimum of two coat finish seal or better. The spaces must be clear of obstructions and columns, permanently line marked and provided with adequate manoeuvring facilities. The design of these spaces must comply with Council’s DCP 2008, and Australian Standard 2890.1 Parking Facilities – Off Street Car Parking.
60. All car parking areas to be appropriately line marked and sign posted in accordance with the approved plans. All customer/visitor/staff parking areas are to be clearly signposted limiting car parking for customers/visitors/staff only. The applicant is to cover the costs of installation and maintenance of the signage.
61. The on-site parking spaces shown in the approved plans must be identified in accordance with A.S.2890.1 Parking Facilities – Off-Street Car Parking.
62. Directional signage indicating the location of customer parking, “in” and “out” crossings and directional arrows are to be provided in accordance with the approved plans.
63. All works within the road reserve are to be at the applicant cost and all signage is to be in accordance with the RTA’s Traffic Control at Worksites Manual and the RTA’s Interim Guide to Signs and Markings.
64. If a works zone is required, an application must be made to Council’s Transport Planning section. The application is to indicate the exact location required and the applicable fee is to be included. If parking restrictions are in place, an application to have the restrictions moved, will need to be made.
65. Notice must be given to Council’s Transport Planning section of any interruption to pedestrian or vehicular traffic within the road reserve, caused by the construction of this development. A Traffic Control Plan, prepared by an accredited practitioner must be submitted for approval, 48 hours to prior to implementation. This includes temporary closures for delivery of materials, concrete pours etc.
66. Applications must be made to Council’s Transport Planning section for any road closures. The applicant is to include a Traffic Control Plan, prepared by a suitably qualified person, which is to include the date and times of closures and any other relevant information.
Waste Management Plan
67. A Waste Management Plan is to be submitted to and approved by Council and must be adhered to at all times throughout all stages of the development. Supporting documentation (receipts/dockets) of waste/recycling/disposal methods carried out, is to be kept and must be produced upon the request of Council or any other authorised officer.
Note: Any non-compliance with this requirement will result in penalties being issued.
68. Waste bins, sand, aggregate, spoil or any other material shall be stored clear of any drainage line, easement, water body, stormwater drain, footpath, kerb or road surface and there shall be measures in place in accordance with the approved erosion and sediment control plan.
69. Building operations such as brick cutting, mixing mortar and the washing of tools, paint brushes, form-work, concrete trucks and the like shall not be performed on the public footway or any other locations which may lead to the discharge of materials into Council’s stormwater drainage system.
70. The developer is to maintain all adjoining public roads to the site in a clean and tidy state, free of excavated “spoil” material.
71. The development, including all civil works and demolition, must comply with the requirements of the Contaminated Land Management Act, 1997, State Environmental Planning Policy No. 55 – Remediation of Land, and Managing Land Contamination – Planning Guidelines (Planning NSW/EPA 1998).
72. All fill introduced to the site must undergo a contaminated site assessment. This assessment may consist of either:
(a) a full site history of the source of the fill (if known) examining previous land uses or geotechnical reports associated with the source site to determine potential contamination as per the NSW DECCW ‘Waste Classification Guidelines’ April 2008; or
(b) clearly indicate the legal property description of the fill material source site;
(c) provide a classification of the fill material to be imported to the site in accordance with the ‘NSW DECCW ‘Waste Classification Guidelines’ April 2008.
(d) a chemical analysis of the fill where the site history or a preliminary contamination assessment indicates potential contamination or contamination of fill material; and
(e) must provide Council with copies of validation certificate verifying the material to be used is free of contaminants and fit for purpose re use in residential, commercial or industrial use.
73. Records of the following must be submitted to the principal certifying authority monthly and at the completion of earth works:
(a) The course (including the address and owner of the source site), nature and quantity of all incoming loads including the date, the name of the carrier, and the vehicle registration;
(b) The results of a preliminary contamination assessment carried out on any fill material used in the development.
Site Remediation Works
74. Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination and remediation must be notified to Council and the accredited certifier immediately after discovery. A Section 96 Application under the EP&A Act shall be made for any proposed works outside the scope of the approved development consent.
Installation of Underground Petroleum Storage Systems
75. The installation of the proposed underground storage system(s) shall be undertaken in accordance with the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2014, Australian Standard 4897 – 2008: The Design, Installation and Operation of Underground Petroleum Storage Systems.
76. Dust screens shall be erected and maintained in good repair around the perimeter of the subject land during land clearing, demolition, and construction works.
77. Where operations involve excavation, filling or grading of land, or removal of vegetation, including ground cover, dust is to be suppressed by regular watering until such time as the soil is stabilised to prevent airborne dust transport. Where wind velocity exceeds five knots the PCA may direct that such work is not to proceed.
78. All vehicles involved in the delivery, demolition or construction process departing from the property shall have their loads fully covered before entering the public roadway.
79. The premises shall be ventilated in accordance with the requirements of the BCA (if using deemed to satisfy provisions: AS 1668, Parts 1 & 2)
80. The design, construction, installation and commissioning of the mechanical ventilation systems serving the premises shall be carried out in accordance with Australian Standard 1668 Parts 1 & 2.
81. The mechanical exhaust discharge point shall be designed and installed by an appropriately qualified person, and shall be positioned to comply with Section 3.7 of Australian Standard 1668 Part 2 – 1991.
Food Premises – Restaurant/Take-Away/Bakery
82. The construction, fitout and finishes of the premises shall comply with the AS 4674, Food Act 2003 and Regulations thereunder, and the requirements of Attachment 3.
83. Construction noise shall not exceed the management levels defined within the Interim Construction Noise Guideline published by the NSW Department of Environment and Climate Change dated July 2009;
Erosion and sediment control
84. Erosion and sediment control measures shall remain in place and be maintained until all disturbed areas have been rehabilitated and stabilised
Major Filling/ Earthworks
85. All earthworks shall be undertaken in accordance with AS 3798 and Liverpool City Council’s Design Guidelines and Construction Specification for Civil Works.
86. The level of testing shall be determined by the Geotechnical Testing Authority/ Superintendent in consultation with the Principal Certifying Authority.
87. A graffiti resistant coating shall be applied to any fences or structures that have frontage to a public area, for example a roadway, public reserve etc.
88. A minimum of 3 trees shall be planted within grassed area at the front of the site adjacent to the western boundary. Trees shall be healthy, well-formed and fully established (not pot bound) in 15 litre pots. Trees shall be positioned 900mm from the kerb and spaced at 10 metre centres. Trees shall not be planted within 2000mm from a driveway, 1000mm from underground services or 6000mm from an intersecting side street. Trees shall be staked, tied and mulched to Council’s satisfaction. Appropriate species for this location are Eucalyptus/Corymbia species (Eucalyptus or Gum tree).
E. PRIOR TO ISSUE OF OCCUPATION CERTIFICATE
The following conditions are to be complied with or addressed prior to issue of either an Interim or Final Occupation Certificate by the Principal Certifying Authority:
89. The premises must not be utilised until an OC is issued by the PCA. Copies of all documents relied upon for the issue of the OC must be attached to the OC and registered with Council.
90. The Principal Certifying Authority (Building) and/or the Accredited Certifier (Subdivision) shall ensure that all compliance certificates required by this development consent are referenced to the condition consent number. The Compliance Certificate is to state that the works as constructed comply fully with the required condition of consent being acted on by the certifier.
91. All required Compliances Certificates for the critical stage inspections carried out prior, during and at the completion of construction, must be submitted to Council together with the required registration fee payment.
92. A final fire or interim safety certificate is to be attached to any OC, except in the case of a Class 1a or Class 10 building(s). This must include all the “essential fire services” installed in the building.
93. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water.
Recommendations of Acoustic Report
94. A Compliance Certificate or other documentation deemed suitable to the PCA is to be submitted to the PCA, detailing compliance with the following:
(a) Certification is to be obtained from a qualified acoustic consultant certifying that the building has been constructed to meet the noise criteria in accordance with the approved acoustic report and that all recommendations have been adopted.
Liverpool City Council clearance – Roads Act/ Local Government Act
95. Prior to the issue of an Occupation Certificate, the Principal Certifying Authority shall ensure that all works associated with a S138 Roads Act approval or S68 Local Government Act approval have been inspected and signed off by Liverpool City Council.
Display of Street Numbers
96. Street numbers must be prominently displayed at the front of the development in a contrasting colour to the building materials and at the front of each individual unit to comply with the Local Government Act 1973, Section 124(8). The number should be a minimum height of 120mm and be visible at night.
Works as executed - General
97. Prior to the issue of an Occupation Certificate, works-as-executed drawings and compliance documentation shall be submitted to the Principal Certifying Authority in accordance with Liverpool City Council’s Design Guidelines and Construction Specification for Civil Works.
98. An original set of works-as-executed drawings and copies of compliance documentation shall also be submitted to Liverpool City Council with notification of the issue of the Occupation Certificate where Council is not the Principal Certifying Authority.
99. Prior to the issue of an Occupation Certificate the Principal Certifying Authority shall ensure that the:
(a) On-site detention system/s;
(b) Stormwater pre-treatment system/s; and
(c) Overland flowpath works;
i. Have been satisfactorily completed in accordance with the approved Construction Certificate and the requirements of this consent;
ii. Have met the design intent with regard to any construction variations to the approved design; and
iii. Any remedial works required to been undertaken have been satisfactorily completed.
100. Details of the approved and constructed system/s shall be provided as part of the Works-As-Executed drawings.
Restriction as to User and Positive Covenant
101. Prior to the issue of an Occupation Certificate a restriction as to user and positive covenant relating to the:
(a) On-site detention system/s
(b) Stormwater pre-treatment system/s
Shall be registered on the title of the property. The restriction as to user and positive covenant shall be in Liverpool City Council’s standard wording as detailed in Liverpool City Council’s Design and Construction Guidelines and Construction Specification for Civil Works.
102. Prior to the issue of an Occupation Certificate directional signage and linemarking shall be installed indicating directional movements and the location of customer parking to the satisfaction of the Principal Certifying Authority.
Subdivision Compliance documentation
103. Prior to the issue of an Occupation Certificate the following compliance documentation shall be submitted to the Principal Certifying Authority. A copy of the following documentation shall be provided to Council where Council is not the Principal Certifying Authority: Nominate
(a) Work as Executed (WAE) drawings of all civil works. The WAE drawings shall be marked in red on copies of the stamped Construction Certificate drawings signed, certified and dated by a registered surveyor or the design engineer. The Work as Executed drawings shall be prepared in accordance with Council’s Design Guidelines. Electronic copies of the WAE shall be provided in PDF format and a DXF format to Council along with two hard copies of the WAE plans.
(b) Surveyor’s Certificate certifying that all pipes and services are located wholly within the property or within appropriate easements and that no services encroach boundaries.
(c) Structural Engineer’s construction certification of all structures
Linen Plans & 88B
104. In order to enable a Subdivision Certificate to be issued for submission to the LPI Service, the applicant is required to lodge a separate application along with one (1) original and ten (10) copies of the proposed plan of subdivision and one (1) original and two (2) copies of the proposed 88b instrument if required.
105. The applicant shall pay the standard fee for purpose of subdivision certificate administration of plan checking and release
106. The final plan of subdivision must be supported by an 88B instrument to the approval of Council. The 88B instrument shall properly reflect the requirements of the conditions of development consent, the plans forming part of the consent, and Councils standards, codes and policy’s. Part 2 of the 88B instrument shall contain a provision that any easements, right of ways or covenants shall not be extinguished or altered without the written consent of Council.
107. A drainage easement 1.5m wide (minimum) shall be created in favour of the property to be developed over downstream properties, to permit the disposal of stormwater to Councils drainage system. Documents relative to the creation of the easement to be lodged with the Lands Titles Office with Registration being affected prior to issue of the occupation certificate. All costs associated with piping, relocation an d creation of easements shall be borne by the applicant.
108. Any rectification works required by Council regarding the condition of Council infrastructure shall be undertaken, at full cost to the developer
Food Premises – Restaurant/Take-Away/Bakery
109. Council's Health & Building section shall be notified in writing that the premises will be used for the preparation, manufacture or storage of food for sale. The premises will be registered on Council's database.
110. Trading shall not commence until an OC has been issued by the PCA.
111. A Trade Waste application shall be submitted and approved by the Sydney Water Corporation regarding the installation of proposed pre treatment equipment, eg basket and grease arrestors. A copy of the plumber's certificate of compliance for the installation of pre-treatment equipment, and of the Trade Waste Agreement, shall be furnished to the PCA.
112. All waste water, chemicals, solvents, oils, fluids or the like shall not be discharged into Council’s stormwater drain or creeks. A trade waste contract shall be obtained by Sydney Water. All liquid waste shall be discharged into the sewer in accordance with Sydney Water requirements.
Rectification of Damage
113. Prior to the issue of select an Occupation Certificate any damage to Council infrastructure not identified in the dilapidation report, as a result of the development shall be rectified at no cost to Liverpool City Council.
114. Any rectification works within Hume Highway will require a Roads Act application. The application is to be submitted and approved by Liverpool City Council prior to such works commencing.
Allocation of Parking
115. A total of (insert number) off street car parking spaces must be provided in accordance with Council’s requirements. The parking spaces shall be allocated as follows:
· 8 spaces relating to the food and drinks premises;
· 12 spaces relating to the convenience store;
· 22 spaces relating to the retail premises; and
· 4 spaces not allocated to a particular unit, however can be used for overflow parking.
G. CONDITIONS RELATING TO USE
The following conditions relate to the ongoing use of the premises:
Separate Application for Use
116. The ‘Retail Premises’ at the rear of the site shall be subject to submission (and approval by Council), of a separate Development Application for its use.
117. All solid and liquid waste is to be removed from the site by a registered waste contractor.
118. All waste materials generated as a result of the development are to be disposed at a facility licensed to receive such waste.
119. All solid waste stored on site is to be covered at all times.
120. No persons, such as those commonly known as ‘spruikers’ shall operate either with or without sound amplification equipment for the purpose of advertising the use of the premises, the sale and availability of goods, services, entertainment or the like.
121. Any alarm installed on the site is to be “silent back to base” type.
122. The intruder alarm/s associated with the development shall only be permitted to operate in accordance with the requirements of Clause 53 of the Protection of the Environment Operations (Noise Control) Regulation 2000 under the POEO Act.
123. The use of the premises including music and other activities shall not give rise to any one or more of the following:
(a) Transmission of vibration to any place of different occupancy greater than specified in AS 2670.
(b) An indoor sound pressure level in any place of different occupancy (and/ or public place) greater than 3dB(A) above the L90 background level or greater than 5db(A) at the boundary of any affected property in any octave band from 31.5Hz to 8,000 Hz centre frequencies inclusive between the hours of 7.00am to midnight daily and 0dB(A) above the L90 background between 12 midnight and 7.00 a.m. the following morning. However, when the L90 background levels in frequencies below 63 Hz are equal to or below the threshold of hearing, as specified by the equal loudness contours for octave bands of noise, this subclause does not apply to any such frequencies.
(c) During the period of 12 midnight to 7.00a.m. the use shall be inaudible in any habitable room of any residential premises.
(d) The emission of an "offensive noise" as defined under the POEO Act.
The method of measurement of vibration in (a) and sound levels in (b), (c) and (d) shall be carried out in accordance with AS 2973 for vibration measurements, AS 1055 for outdoor sound level measurements, and AS 2107 for indoor sound level measurements.
124. Noise associated with the use of the premises, including mechanical plant and equipment, shall not give rise to any one or more of the following:
(a) Transmission of vibration to any place of different occupancy greater than specified in AS 2670.
(b) An indoor sound pressure level in any place of different occupancy (and/ or public place) greater than 3dB(A) above the L90 background level or greater than 5db(A) at the boundary of any affected property in any octave band from 31.5Hz to 8,000 Hz centre frequencies inclusive between the hours of 7.00a.m to 10.00p.m daily and 0dB(A) above the L90 background between 10.00pm and 7.00 a.m. the following morning. However, when the L90 background levels in frequencies below 63 Hz are equal to or below the threshold of hearing, as specified by the equal loudness contours for octave bands of noise, this subclause does not apply to any such frequencies.
(c) The emission of an "offensive noise" as defined under the POEO Act.
The method of measurement of vibration in (a) and sound levels in (b) and (c) shall be carried out in accordance with AS 2973 for vibration measurements, AS1055 for outdoor sound level measurements, and AS 2107 for indoor sound level measurements.
125. The use of the premises shall not give rise to the emission into the surrounding environment of gases, vapours, dusts or other impurities which are a nuisance, injurious or prejudicial to health.
Hours of Operation
126. The hours of operation of the premises are limited to:
Monday to Sunday – 24 Hours a day
127. The approved signs must be maintained in a presentable and satisfactory state of repair.
128. The level of illumination and / or lighting intensity used to illuminate the signs is to be minimised to ensure that excessive light spill or nuisance is not caused to any nearby premises.
129. No consent is given or implied for any form of external illumination or floodlighting to any sign. Only internal illumination is approved. No A-frame signs or sandwich boards are to be used in associated with the occupancy with on the street or on private property without the consent of Council.
130. Illumination of the site is to be arranged in accordance with the requirements of Australian Standard 4282-1997 Control of the obtrusive effects of outdoor lighting so as not to impact upon the amenity of the occupants of adjoining and nearby residential premises.
Food Premises – Restaurant/Take-Away/Bakery
131. The use of charcoal for the purposes of heating, cooking or smoking food on the premises is strictly prohibited.
132. The use of the premises shall not give rise to the emission into the surrounding environment of gases, vapours, dusts or other impurities which are a nuisance, injurious or prejudicial to health.
Fast Food Restaurants
133. Any public address system or sound amplifying equipment shall be installed so as to not emit an offensive noise as defined by the Protection of the Environment Act 1997.
Emergency Management Plan
134. Within three (3) months of development consent, implement the approved site Emergency Management Plan. A printed copy shall be kept on site at all times.
135. Within sixty (60) days of installation:
(a) Submit to Liverpool City Council certification that Vapour Recovery controls (stage 1 – 2) have been installed in accordance with the following:
i. Protection of the Environment Operations (Clean Air) Regulation 2010; and
ii. NSW Environment Protection Authority (formerly known as Department of Environment, Climate Change and Water), ‘Standards and Best Practice Guidelines for Vapour Recovery at Petrol Service Stations’.
(b) Notify the NSW Environmental Protection Authority (EPA) in writing that Vapour Recovery controls (stage 1-2) have been installed.