Independent Hearing and Assessment Panel |18 December 2014

IHAP No. Item 1

DA No DA-2014/516

Proposal Subdivision: boundary adjustment and drainage infrastructure works

Property Lot 1 Corrie Road, WOONONA NSW 2517 – Lot 1 DP 1179124

33H Hospital Road, BULLI NSW 2516 – Lot 2237 DP 1185242

Gordon Hutton Park - Lot 34 DP 226825

Applicant Watts Development Consultancy

Responsible Team

Development Assessment & Certification – City Wide Planning Team (JS)

ADDENDUM REPORT

PURPOSE OF REPORT This report has been prepared to accompany the applicant’s response submission to the recommendations of the Independent Hearing and Assessment Panel (IHAP), dated 15 October 2014, regarding Development Application DA-2014/516. A copy of the Panel’s recommendation is included at Attachment 1.

This report provides an assessment commentary of that information in order to assist in further consideration of the application.

Specifically, the revised submission includes:

• The removal of Phase 2 works of the original proposal such that the application will result in only one residential lot fronting Corrie Road

• Increased tree retention as a result of the removal of Phase 2 works and • Commentary as to the applicability of Clause 4.1A of the Wollongong Local Environmental

Plan 2009.

EXHIBITION The additional information received was re-exhibited for 14 days.

At the conclusion of the renotification period, two submissions were received. The main issues raised were similar to those identified in the Council officer’s original report to IHAP as contained in Attachment 5.

Additional matters have been identified as follows:

• A condition should be included requiring a restrictive covenant precluding future development between the rear boundary of No. 2 Corrie Road and the creek line. The building envelope should also be clearly identified on the plans.

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Comment: Council has considered the request, however, at this point it is not considered necessary. The indicative building area is indicated on the plans provided, the required asset protection zone, flood extents and core riparian zone area restrictions on the lot will remain and any future dwelling on the site will be subject to a separate approval process.

• The requirement for a 1.8m fence to be erected at the cost of the developer should remain.

Comment: It is considered that as the site has existing fencing which is in a reasonable condition, requiring that it be replaced at this point in time is not necessary. This proposal does not involve the construction of a dwelling. The matter is able to be addressed by the Dividing Fences Act 1991 separate to the development application process.

• Tree 4 should not be removed as its root system contributes to the creek bank stability.

Comment: Tree 4 is identified for removal within the submitted Arborists Report due to the poor structure, evidence of previous branch failures and fruiting bodies on the southern side of the trunk. The tree has also been assessed by Councils Landscape Architect and it is considered that its removal is warranted in the circumstance. Draft conditions 17, 42 and 74-77 have been recommended to control erosion and the ongoing maintenance of the area including compensatory plantings for tree removals.

INTERNAL CONSULTATION Landscape: Council’s Landscape Officer was requested to comment on the revised plans as the proposal results in the retention of several trees and as such, required a review of draft conditions originally recommended.

Stormwater/Flooding: The revised proposal was discussed with Councils Stormwater Officers and it is considered that no change to the former recommended conditions in relation to flooding or drainage works was required.

Subdivision: The revised proposal was discussed with Councils Subdivision Officers. Given the revised proposal results in the removal of Phase 2 works from the original proposed, as such, a review of draft conditions originally recommended was required.

The draft conditions at Attachment 4 reflect the conditions applicable to the revised proposal.

EXTERNAL CONSULTATION NSW Office of Water The revised proposal was re-referred to the Office of Water and a response received on 9 December 2014 confirming that no amendments to the former response issued in June were required.

NSW Rural Fire Service The revised proposal was re-referred to the NSW Rural Fire Service and a response received on 9 December 2014. Minor amendments were required to the issued 100B bushfire safety authority to

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reflect the correct lot numbers. The amended 100B Authorisation is attached to the revised draft conditions at Attachment 4.

RESPONSE TO THE IHAP RECOMMENDATIONS

(1) The applicability or otherwise of Clause 4.1A (of the Wollongong Local Environmental Plan 2009)

Provided by applicant

A copy of the submission is included at Attachment 2.

Planner’s review comment:

This clause relates to the subdivision of land within Wollongong that has different land use zones within the same parcel and the minimum lot size requirements of WLEP 2009.

As relates to the proposal, the parent lot is differentially zoned and thus minimum lot sizes apply to each of the land use zones. The proposal is for the subdivision (by boundary adjustment) of the parent lot along the extent of the R2 land use boundary (thereby resulting in 2 lots, proposed lot 302 zoned R2 and proposed lot 301 with split zoning E4 and E2). This is not essentially problematic. The issue as relates to the WLEP 2009 clause 4.1A as drafted is whether the balance of land from the subdivision should be with the created lot or original lot. This matter influences the subdivision pattern or lot cast.

IHAP’s concern was that a strict interpretation of the current clause would mean that the balance of land zoned E2 must be with the created lot R2 zoned portion and not the parent lot E4 portion as is the applicants preferred outcome.

Council considers that the intent of the clause was not to prejudice this outcome despite how it currently reads in the LEP. The clause references E4 zoned land in the categories to which the clause applies, but omits it from the enabling provisions. To this extent further consultations have been undertaken with Council’s Land use planning section, General Counsel and the NSW Department of Planning and Environment.

In summary, these consultations have revealed that there appears to be a drafting error in the clause in that reference to E4 zoned land in Cl 4.1A has been omitted from part 3 of the clause and that the matter be proposed for correction (via inclusion in Council’s next LEP ‘housekeeping’ review early next year). Furthermore that in the interim and in considering impacts and precedent, that an interpretative discretion regarding the intent of the application of clause 4.1A (3) to include E4 zoned land does enable the balance of land to remain with the parent lot.

It is therefore considered that the intention of the clause, as stated within the objectives, is to provide for the subdivision of undersized lots with zonings E2 or E3 provided that a portion of ‘residential’ or ‘semi residential’ land was contained within the lot.

In this case, the E4 zoned land is proposed to be contained within proposed Lot 301 along with all of the E2 zoned land. It is considered that the intention of the clause is satisfied in that the application will retain a portion of E4 zoned land which is greater than the 2999sqm minimum lot size, within the same lot as the remaining E2 zoned land. The retention of the E4 zoned land (being semi-

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residential and containing an existing dwelling house) will ensure that the subdivision occurs in a manner that promotes suitable land uses and development.

It is therefore considered that this matter can be satisfied via an interpretive discretion that does not otherwise prejudice the intent or practical implementation of the clause or set an undesirable precedent in the outcome. (2) Only one dwelling being accommodated on the R2 zoned land.

Provided by applicant

Amended plans and a supporting letter have been provided by the applicant which outline that the proposal has been amended to proceed with the former Phase 1 works only. The revised proposal includes the boundary adjustment between Lot 1 Corrie Road Woonona and 33H Hospital Road Bulli to align the property boundary with the R2/E2 zone boundary and to create Lot 302 (R2 Lot) and Lot 303 (remaining land), earthworks, tree removals and drainage works to remove the existing large open channel which is located on the R2 portion of land that will become Lot 302 only. The runoff that drains to this swale is to be piped across the front boundary of Lot 302 and into Lot 34 DP 226825 (Gordon Hutton Park) where it will then traverse the western boundary of the park and discharge into the natural watercourse to the north.

Planner’s review comment:

The removal of the former Phase 2 works and therefore the building envelope for the second residentially zoned lot originally proposed as a battle-axe lot is no longer proposed. This has resulted in a better environmental and residential (existing) amenity outcome by increased tree retention to the rear of the site. The submitted plans demonstrate that the site is able to accommodate a 10x15m building envelope with the indicative location provided on the amended plans at Attachment 3.

Other notes:

Within the applicants response letter (Attachment 2), a request has been made for the removal of draft condition 13.1 which required that rear and side property boundaries (behind the building line) are to be provided with minimum 1.8 metre high brick, timber lapped and capped, palisade or colourbond fences. The applicant has suggested that as the proposal has been scaled back to one (1) residential lot only, that the matter of fencing be determined by the Dividing Fences Act 1991.

This is considered reasonable in the circumstance and the draft conditions at Attachment 4 reflect this matter as well as changes to landscape conditions as relates to tree removal and retention resulting from the revised proposal.

CONCLUSION

At the meeting of 15 October 2014, the IHAP requested that the application be deferred for a further report which addresses the applicability or otherwise of Clause 4.1A of WLEP 2009 and the proposal be amended to allow for only one dwelling being accommodated on the R2 zoned land.

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Council has investigated the applicability of Cl. 4.1A of WLEP 2009 and it is considered that this matter can be satisfied by interpretive discretion.

The applicant has provided additional information reducing the proposal to former Phase 1 works resulting in one residential lot only fronting Corrie Road and the retention of several trees to the rear of the site.

Consideration has been given to the additional information submitted by the applicant, to the matters raised in the submissions received, and to the concerns identified by the IHAP. It is considered that all matters have been satisfactorily addressed.

RECOMMENDATION

It is recommended that approval be granted to DA-2014/516 subject to the draft conditions contained at Attachment 4 of this report.

ATTACHMENTS

1. Independent Hearing and Assessment Panel Recommendations – 15 October 2014.

2. Cover Letter from the applicant.

3. Revised Drawings

4. Revised Draft Conditions of Consent

5. Council officer’s original report to IHAP dated 15 October 2014.

Independent Hearing and Assessment Panel Report| 15 October 2014

LIS | LAP | DAC | IHAP03| 02797422.doc

IHAP No. Item 2

DA No. DA-2014/516

Proposal Subdivision: Phase 1 - Two Lot Torrens Title Subdivision including boundary adjustment and consolidation: Phase 2 - Two Lot Torrens Title Subdivision of one of the created lots from Phase 1

Property Lot 1 Corrie Road, WOONONA NSW 2517 – Lot 1 DP 1179124

33H Hospital Road, BULLI NSW 2516 – Lot 2237 DP 1185242

Gordon Hutton Park - Lot 34 DP 226825

Owner Mrs Marilyn Ruth Wetherall, Wollongong City Council

Applicant Watts Development Consultancy

Panel Alison McCabe (Chair), David Crofts and Brendan Randles (Independent) and Edger du Bois (Community Representative)

Staff in Attendance

Mark Riordan (Manager Development Assessment and Certification), Pier Panozzo (City Centre Manager), John Wood (City Wide Manager), Rodney Thew (DPO), Jessica Saunders (DPO), Rebecca Welsh (DPO), Lauren Wilson (IHAP Coordinator)

Pecuniary Interest None of the Panel members had any pecuniary interests relating to this matter.

Panel Commentary: The Panel inspected the site. The Panel was addressed by four submitters and the applicant. The Panel has reviewed the application and is of the view that the proposed subdivision cannot be permitted in its current form because of the provisions of Clause 4.1A of Wollongong Local Environmental Plan 2009. This aspect should be reviewed by Council’s in-house counsel.

The Panel is also of the view that given the constraints of the site, extent of vegetation and proximity of one of the proposed building envelopes to the riparian area and the adjoining properties, that the R2 zoned land can only accommodate a single dwelling.

Recommendations The application be deferred for a further report that addresses the following:

1 The applicability or otherwise of Clause 4.1A.

2 Only one dwelling being accommodated on the R2 zoned land.

Voting The voting in respect of this matter was 4/0.

Attachment 4: Revised Draft Conditions

The development proposed is integrated development and approval is required from the approval bodies listed below:

NSW Office of Water The recommendations contained in the letter from the NSW Office of Water dated 27 June 2014 as attached to this consent at Attachment 1 shall form part of the conditions of consent for this application.

NSW Rural Fire Service The recommendations contained in the letter from the NSW Rural Fire Service dated 9 December 2014 as attached to this consent at Attachment 2 shall form part of the conditions of consent for this application.

Conditions imposed by Council as part of this Integrated Development Consent are:

Approved Plans and Specifications

1 To be inserted by Council

General Matters

2 Geotechnical 2.1 All earthworks are to be subject to Level 1 geotechnical supervision as defined in

Australian Standard AS3798 Guidelines for Earthworks for Commercial and Residential Developments. Where necessary amendments are to be made to the designs during construction based on supplementary geotechnical advice given during the supervision to ensure that the completed works accommodates all encountered geotechnical constraints.

2.2 At the completion of engineering works and site remediation a works-as-executed geotechnical report is required to confirm satisfactory completion of works, to detail any residual geotechnical constraints on development, to confirm the lot classification and to make recommendations for development of the created lots.

3 Tree Management The developer shall retain and remove existing trees as indicated on proposed Subdivision Tree Retention Plan by Watts Development Consultancy Dwg. No. 10-071 Issue J1 dated 28 October 2014 and Lophostemon in adjoining park.

Any branch or root pruning which has been given approval, must be carried out by a qualified arborist in accordance with Australian Standard AS4373 (2007).

All tree protection measures are to be installed in accordance with Australian standard AS4790-2009 Protection of Trees on development Sites.

Recommendations in Arborist’s Report dated 9 August 2014 by Moore Trees Author Paul Vezgoff and supplementary report dated 8 August 2014 to be implemented including and not restricted to: transplanting, remedial tree pruning, deadwooding, fencing and signage, sediment buffer, stem protection, establishing tree protection zones and watering and root hormone application if required.

4 Construction Certificate A Construction Certificate must be obtained from Council or an Accredited Certifier prior to work commencing.

A Construction Certificate certifies that the provisions of Clauses 139-148 of the Environmental Planning and Assessment Amendment Regulations, 2000 have been satisfied, including compliance with all relevant conditions of Development Consent and the Building Code of Australia.

Note: The submission to Council of two (2) copies of all stamped Construction Certificate plans and supporting documentation is required within two (2) days from the date of issue of the Construction Certificate, in the event that the Construction Certificate is not issued by Council.

5 Maintenance of Access to Adjoining Properties Access to all properties not the subject of this approval must be maintained at all times and any alteration to access to such properties, temporary or permanent, must not be commenced until such time as written evidence is submitted to Council or the Principal Certifying Authority indicating agreement by the affected property owners.

6 Protection of Public Infrastructure Council must be notified in the event of any existing damage to any of its infrastructure such as the road, kerb and gutter, road shoulder, footpath, drainage structures and street trees fronting the development site, prior to commencement of any work.

Adequate protection must be provided for Council infrastructure prior to work commencing and during building operations.

Any damage to Council’s assets shall be made good, prior to the issue of any Occupation Certificate or commencement of the operation.

7 Handover of Subdivision Works (Handover Package) All Subdivision Works proposed to be handed over to Council must be done so in strict accordance with Wollongong City Council’s Management of Assets Policy.

A draft Handover must be prepared prior to the issue of Practical Completion (required for issue of a Subdivision Certificate).

The transfer of proposed public assets such as, but not limited to, civil infrastructure, public parks and reserves, and water sensitive urban design facilities must occur via a formal handover process between the developer and Council. The final handover inspections must be arranged by the developer and must be in accordance with the following requirements:

7.1 A handover package must be provided to Wollongong City Council prior to the final inspection and must include:

7.1.1 A paper copy of the Works as Executed Drawings (in accordance with the conditions of this consent), for Civil and Landscaping works and any associated AutoCAD files;

7.1.2 A copy of the required infrastructure spreadsheet;

7.1.3 A copy of any approved landscape plans, maintenance plans, vegetation management plans and relevant documentation to assist in the on-going management of GPT’s, wetlands ponds and basins, as well as parks and reserves

7.1.4 Where required by the development consent, performance monitoring data of Water Sensitive Urban Design Facilities and GPT’s and,

7.1.5 CCTV of the stormwater drainage system at the end of the damage liability period.

7.2 As part of the handover process, any transfers of ownership can only occur at the conclusion of the required maintenance / defect liability periods as conditioned in the development consent, are completed;

7.3 Final Handover and defect liability periods are not completed until agreed to in writing by Council

8 Defects liability period The developer must maintain the road, drainage and street landscape works for a defects liability period of twelve months from the date of registration of the final plan of subdivision.

9 Relocation of Services The cost of relocation of any public utilities must be borne by the applicant.

Prior to the Issue of the Construction Certificate

10 Integral Energy Requirements The submission of documentary evidence from Integral Energy to the Principal Certifying Authority is required confirming that satisfactory arrangements have been made with Integral Energy for the provision of electricity supplies to the development, prior to the release of the Construction Certificate.

Note: Applications should be made to Customer Connections – South Coast, Integral Energy PO Box 6366, Blacktown 2148.

11 Telecommunications The submission of documentary evidence from an approved telecommunications carrier to the Principal Certifying Authority confirming that underground telecommunication services are available for this development is required prior to the issue of the Construction Certificate.

12 Fencing Any new fences or screens constructed on the site shall be of a type that will not obstruct the free flow of surface runoff from adjoining properties and be compatible with stormwater drainage requirements.

This requirement is to be reflected on the Construction Certificate plans

13 Landscaping The submission of a final Landscape Plan to the Principal Certifying Authority, prior to the release of the Construction Certificate. The final Landscape Plan shall address the following requirements:

13.1 Planting of indigenous plant species typical of the Illawarra Region such as: Syzygium smithii (formerly Acmena smithii) Lilly pilly, Archontophoenix cunninghamiana Bangalow palm, Backhousia myrtifolia Grey myrtle, Elaeocarpus reticulatus Blueberry ash, Glochidion ferdinandii Cheese tree, Livistona australis Cabbage palm tree, Brachychiton acerifolius Illawarra Flame Tree.; A further list of suitable suggested species may be found in Wollongong Development Control Plan 2009 – Chapter E6: Landscaping;

13.2 A schedule of proposed planting, including botanic name, common name, expected mature height and staking requirements as well as number of plants and pot sizes;

13.3 The location of all proposed and existing overhead and underground service lines. The location of such service lines shall be clear of the dripline of existing and proposed trees;

13.4 Any proposed hard surface under the canopy of an existing trees shall be permeable and must be laid such that the finished surface levels match the existing level. Permeable paving is to be installed in accordance with the manufacturer’s recommendations; and;

13.5 Reflect strategy outlined in VMP and incorporate compensatory plantings.

The completion of the landscaping works as per the final approved Landscape Plan is required, prior to the issue of Subdivision Certificate or commencement of the development.

14 Irrigation The provision of common tap(s) and/or an irrigation system is required to guarantee that all landscape works are adequately watered. The location of common taps and/or irrigation system must be indicated on the Landscape Plan for the Construction Certificate. This requirement shall be reflected on the Landscape Plan, prior to the release of the Construction Certificate.

15 The submission of certification from a suitably qualified and experienced landscape designer and drainage consultant to the Principal Certifying Authority prior to the release of the Construction Certificate, confirming that the landscape plan and the drainage plan are compatible.

16 The implementation of a landscape maintenance program in accordance with the approved Landscape Plan for a minimum period of 12 months to ensure that all landscape work becomes well established by regular maintenance. Details of the program must be submitted with the

Landscape Plan to the Principal Certifying Authority prior to release of the Construction Certificate.

17 Compensatory Planting The developer must make compensatory provision for the trees required to be removed as a result of the development. In this regard, twelve (12 No.) 75 litre container advanced mature plant stock shall be placed within the property boundary of the site in appropriate locations. The suggested species are to be selected from the following list: Elaeocarpus reticulatus Blueberry ash, Livistona australis Cabbage palm tree, or Brachychiton acerifolius Illawarra Flame Tree. A further list of suitable suggested species may be found in Wollongong Development Control Plan 2009 – Chapter E6: Landscaping.

18 Tree Protection and Management The existing trees are to be retained upon the subject property and any trees on adjoining properties shall not be impacted upon during the excavation or construction phases of the development. This will require the installation and maintenance of appropriate tree protection measures, including (but not necessarily limited to) the following:

18.1 Installation of Tree Protection Fencing - Protective fencing shall be 1.8 metre cyclone chainmesh fence, with posts and portable concrete footings. Details and location of protective fencing must be indicated on the architectural and engineering plans to be submitted to the Principal Certifying Authority prior to release of the Construction Certificate.

18.2 Mulch Tree Protection Zone: Areas within a Tree Protection Zone are to be mulched with minimum 75 mm thick 100% recycled hardwood chip/leaf litter mulch.

18.3 Irrigate: Areas within the Tree Protection Zone are to be regularly watered in accordance with the arborist’s recommendations.

The submission of a final Site Plan to the Principal Certifying Authority indicating required tree protection fencing is required, prior to the release of the Construction Certificate.

19 Approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au, see Building Developing and Plumbing then Quick Check or telephone 13 20 92.

The consent authority or a private certifier must ensure that a Quick Check agent/Sydney Water has appropriately stamped the plans before the issue of a Construction Certificate (prior to works commencing - in the case of a combined DA/CC or complying development).

20 Road Reserve – Footpath Levels/Gradients Footpath crossfalls from the back of the kerb to the property boundary shall be maintained at 2.5% for the full frontage of the development to Council’s road reserve. This requirement shall be reflected on the construction certificate plans and associated documentation and submitted to Council’s Development Engineering Manager prior to the issue of the Construction Certificate.

21 Scour Protection All stormwater outlet, overland flow paths and receiving watercourses shall be treated with appropriate scour/erosion protection measures in accordance with good engineering practice. All scour protection measures and headwall structures within the watercourse shall be designed and constructed to match existing surface levels to ensure that there will be no change in flooding behaviour. All stormwater outlets shall be orientated in the direction of natural flow of the receiving watercourse. The final details of the proposed scour/erosion protection measures shall be undertaken by a suitably qualified civil engineer and reflected on Construction Certificate plans.

22 Designated Overland Flow Paths Details of each overland flow path located on the site and through the Council reserve shall be provided with the detailed drainage design. Each overland flow path shall be capable of catering for the 1 in 100 year storm event flows from the contributing catchment area, and where required, direct these flows to the on-site detention basin. The overland flow path shall be free of any vegetation and/or structures that are likely to impede natural overland flow, or make provision for such obstructions, so there will be no adverse flood impacts upon the subject and adjoining properties. Full Manning’s calculations shall be provided on the capacity of each overland flow path. These requirements shall be reflected on the Construction Certificate plans and supporting documentation.

23 Minimum Pipe Cover The design of the stormwater drainage system for the site shall ensure that all stormwater pipes have sufficient cover as required by Table 7.1 of AS/NZS 3500.3:2003. This requirement shall be reflected on the Construction Certificate plans.

24 Corrie Road/McKinnon Street – Detailed Civil Engineering Design A detailed civil engineering design shall be provided for the proposed footpath works in Corrie Road. The detailed civil engineering design shall be prepared by a suitably qualified practicing civil engineer in accordance with the relevant Council engineering standards. The design plans shall include:

24.1 Levels and details of existing and proposed infrastructure such as kerb and gutter, public utility, pits, poles, fencing, stormwater drainage, adjacent road carriageway and footpath levels, and shall extend a minimum of 10 metres beyond the limit of works.

24.2 Footpath longitudinal sections, and cross-sections at regular intervals including building entrance points demonstrating compliance with the latest versions of AS 1428.1, AS/NZS 2890.1, the Disability Discrimination Act and the AUSTROAD road design standards.

24.3 Where any adjustments to public utilities are proposed the applicant shall submit documentary evidence that they have the consent of the owner of the public utility authority.

24.4 All construction must be in accordance with the requirements of Council’s Subdivision Code and the Wollongong City Council Public Domain Technical Manual. Evidence that this requirement has been met must be detailed on the engineering drawings.

The detailed civil engineering design and supporting documentation shall be submitted to Wollongong City Council’s Development Engineering Manager for approval prior to the issue of the construction certificate.

25 Subdivision Code All works must be designed in accordance with the requirements set out in the version of the Wollongong City Council Subdivision Code current at the time of issue of this consent.

26 Construction Certificate – Subdivision Works A Construction Certificate for subdivision works must be obtained prior to commencement of any works on site.

27 Construction Certificate Details Details of all engineering works must be submitted to the Certifying Authority, for approval prior to the issue of a Construction Certificate.

28 Road Design Criteria The following design criteria must be adopted in the final design of the road network:

28.1 Provision for the turning manoeuvre of a 12.5 metre rigid vehicle at all bends, roundabouts and cul-de-sacs. Evidence that the truck turning manoeuvre satisfies this requirement must be shown on the engineering plans.

28.2 All flexible pavements are to be designed in accordance the ‘Australian Road Research Board’ design criteria current at the date of this consent.

28.3 All concrete roads must be constructed in accordance with the principles of the Cement and Concrete Association’s design criteria current at the date of this consent.

29 Road Reconstruction Road shoulder, footway, drainage, one-half road width asphalt surfacing, and kerb and guttering in Corrie Road must be provided for the full length indicated on the approved plans.

30 Overflow Paths Overflow paths must be provided to allow for flows of water in excess of the capacity of the pipe/drainage system draining the land, as well as from any detention storage on the land. Blocked pipe situations with 1 in 100 year ARI events must be incorporated in the design. Overflow paths must also be provided in low points and depressions. This requirement shall be reflected on the Construction Certificate plans.

31 Service Location to be Shown The depth and location of all services (ie gas, water, sewer, electricity, telephone, traffic lights, etc) must be ascertained and reflected on the Construction Certificate plans and supporting documentation.

32 Pit/Pipe Alteration Details of the proposed 2.4m lintel grated gully pit, existing grated gully pit, junction pits and the connecting pipeline to the natural watercourse passing through Council land shall be provided in conjunction with the detailed drainage design for the site. This requirement shall be reflected on the Construction Certificate plans and supporting documentation.

33 OSD Connection Details of the proposed method of connection of the On-site Detention (OSD) facility to the proposed Council’s drainage system must be provided with the detailed drainage design for the site. The details must be submitted to the Certifying Authority prior to the issue of the Construction Certificate.

34 On Site Detention Storage and Inter-allotment Drainage Provision The developer must provide on-site detention storage for stormwater runoff in conjunction with the inter-allotment drainage system. The Site Storage Requirement (SSR) and Permissible Site Discharge (PSD) values for the site must be designed in accordance with Chapter E14 of Council’s Wollongong DCP 2009. Details of the detention facility and SSR/PSD values must be submitted with the Construction Certificate application.

35 Interallotment Drainage A minimum 150mm diameter, PVC Class SH inter-allotment drainage system must be provided to drain Lot 3022 to Lot 3021.

36 Scour Protection in Watercourses All watercourses and overland flow paths must be treated with appropriate scour protection measures. The final details of the proposed scour protection measures shall be reflected on the Construction Certificate plans.

37 On-Site Detention Requirement On-site detention (OSD) storage must be provided for stormwater runoff from the development. The Site Storage Requirement (SSR) and Permissible Site Discharge (PSD) values for the site must be designed in accordance with Chapter E14 of Council’s Wollongong DCP 2009. Details of the detention facility and SSR/PSD values must be submitted with the Construction Certificate application.

38 On-Site Detention – Scour Protection Scour protection must be provided at the outlet of the on-site detention facility. This requirement shall be reflected on the Construction Certificate plans.

39 On-Site Detention- Design Criteria The on-site detention facility must incorporate lockable grates, access for maintenance and a suitably graded invert to prevent ponding. This requirement shall be reflected on the Construction Certificate plans.

40 On Site Detention – Structural Design The on-site detention facility must withstand the maximum loading and configuration imposed by the heaviest vehicle likely to use the accessway as specified in the RTA heavy vehicle loading documentation, and applied in accordance with the current code: AS/NZS 1170 - Structural Design Actions. The design loading adopted, and details of the detention facility must be submitted prior to the release of the Construction Certificate.

41 Geotechnical Report – Construction Certificate The submission of a final geotechnical report, prepared by a suitably qualified and experienced geotechnical engineer, to the Certifying Authority prior to the issue of the Construction Certificate.

The report must cover, but not be limited to the following:

41.1 Extent and stability of proposed embankments including those acting as retarding basins;

41.2 Recommended Geotechnical testing requirements;

41.3 Required level of geotechnical supervision for each part of the works as defined under AS 3798 - Guidelines on Earthworks for Commercial and Residential Developments;

41.4 Compaction specification for all fill within private subdivisions;

41.5 The level of risk to existing adjacent dwellings as a result of a construction contractor using vibratory rollers anywhere within the site the subject of these works. In the event that vibratory rollers could affect adjacent dwellings, high risk areas shall be identified on a plan and the engineering plans shall be amended to indicate that no vibratory rollers shall be used within that zone;

41.6 The impact of the installation of services on overall site stability and recommendations on short term drainage methods, shoring requirements and other remedial measures that may be appropriate during installation;

41.7 The preferred treatment of any unstable areas within privately owned allotments;

41.8 Requirement for subsurface drainage lines;

41.9 Overall suitability of the engineering plans for the proposed development.

41.10 No FRC pipes are located in areas subject to groundwater or potential for prolonged saturation.

42 Soil and Water Management Plan (SWMP) A Soil and Water Management Plan (ESCP) must be prepared by a suitably qualified person in strict accordance with the requirements set out in “Managing Urban Stormwater: Soils and Construction” NSW Dept of Housing, 4th Edition. The plan must be submitted to the Certifying Authority for approval prior to the issue of the Construction Certificate.

43 Fire Hydrants All lots must be adequately serviced by a fire hydrant. The fire hydrant must be provided in accordance with the "Guidelines for Minor Residential Developments Policy No.8" produced by the NSW Fire Brigades (now NSW Fire & Rescue) dated 15 April 2009. The fire hydrant(s) must be shown on the construction certificate plans in accordance with the guidelines for the separate approval of the Principal Certifying Authority.

44 Controlled Activity Approval The submission of documentary evidence to the Certifying Authority, prior to the issue of the Construction Certificate, confirming that a Controlled Activity Approval has been obtained from the Department of Primary Industries, NSW Office of Water for the proposed subdivision.

45 Subsoil Drainage Subsoil drainage must be detailed on the Construction Certificate plans and specifications in accordance with the version of the Wollongong City Council Subdivision Code current at the time of issue of this consent.

46 Dust Suppression Measures The submission of details of the proposed dust suppression measures for the excavation and construction phases of the development to the Certifying Authority for approval prior to issue of the Construction Certificate.

47 Asset Management – Roads, Drainage and Landscaping Prior to issue of the Construction Certificate the following documentation must be submitted to the Principal Certifying Authority (Council) for approval:

47.1 The length, square meterage and cost of constructed roadworks to be dedicated as public road.

47.2 An itemised list of the size, length and type of pipe, associated pits and water quality features in the proposed drainage system to be handed over to Council (not including common drainage lines or inter-allotment drainage).

47.3 Itemised list of street signs and street furniture including their current cost.

47.4 Itemised list of plantings in public areas. Cost of plantings must be provided (to be based on current Landscape Contractors’ Association figures).

47.5 Maintenance schedule of landscape works and civil works and costs to Council associated with the ongoing maintenance of the work.

47.6 Risk assessment of carrying out maintenance of landscape works and drainage/water quality systems. Appropriate traffic control plans (prepared in accordance with RTA guidelines) will need to be submitted for approval where maintenance work takes place in a proposed road reserve. Current costs will need to be provided in implementing the Traffic Control Plan.

48 No Adverse Run-off Impacts on Adjoining Properties The design of the development shall ensure there are no adverse effects to adjoining properties or upon the land as a result of flood or stormwater run-off. Attention must be paid to ensure adequate protection for buildings against the ingress of surface run-off.

49 Re-direction or Treatment of Stormwater Run-off Allowance must be made for surface run-off from adjoining properties. Any redirection or treatment of that run-off must not adversely affect any other property.

50 On-Site Detention - Maintenance Schedule A maintenance schedule for the on-site stormwater detention system must be submitted with the Construction Certificate plans for the proposed development. The maintenance schedule must be in accordance with Chapter E14 of Council’s Wollongong DCP 2009.

51 On-Site Detention – Structural Design The on-site detention facility must be designed to withstand loadings occurring from any combination of hydrostatic, earth, traffic and buoyancy forces. Details must be provided demonstrating these requirements have been achieved prior to the issue of the Construction Certificate.

52 Piping of Stormwater to Existing Stormwater Drainage System Stormwater for the land must be piped to the proposed Council’s stormwater drainage system.

53 On-Site Detention - Identification Details shall be provided of a corrosion resistant identification plaque for location on or close to the on-site detention (OSD) facility. The plaque shall include the following information:

53.1 The structure is an OSD facility, being part of the stormwater drainage network, and is not to be tampered with.

53.2 Identification number [DA2014/516]

53.3 Any specialist maintenance requirements.

54 Layback Requirement A layback must be constructed for leach lot and be designed in accordance with the Wollongong City Council standards. Details and locations of each layback are to be shown on the Construction Plans showing the dimensions of the parking bays with regard to minimum parking requirements.

55 Dilapidation Survey A dilapidation survey and report shall be submitted to the Principal Certifying Authority. The dilapidation survey and report shall accurately reflect the condition of existing public and private infrastructure in the adjacent street(s) fronting the lots. The report shall outline measures for the protection of existing public and private infrastructure during the works. Any damage to infrastructure items and relics which is caused by the developer shall be repaired to the satisfaction of the Principal Certifying Authority prior to the issue of a Certificate of Practical Completion for Subdivision works.

Prior to the Commencement of Works

56 Plant Recovery Program Prior to the commencement of demolition and construction on site the developer shall implement a plant recovery program to remove from site native groundcover and climbing plants worthy of retention and reuse. A strategy is to be prepared by a person/firm with formal qualifications and experience in the Conservation in Natural Areas. Minimum requirement TAFE Conservation Land Management (Natural Area Restoration) Certificate 3 to implement works.

57 Temporary Toilet/Closet Facilities Toilet facilities are to 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:

57.1 A standard flushing toilet; and

57.2 connected to either:

57.2.1 The Sydney Water Corporation Ltd sewerage system or

57.2.2 An accredited sewage management facility or

57.2.3 An approved chemical closet.

The toilet facilities shall be provided on-site, prior to the commencement of any works. 58 Enclosure of the Site

The site must be enclosed with a suitable security fence to prohibit unauthorised access, to be approved by the Principal Certifying Authority. No building work is to commence until the fence is erected.

59 Support for Neighbouring Buildings This consent requires the preservation and protection of neighbouring buildings from any damage and if necessary, requires the underpinning and support of any neighbouring building in an approved manner. The applicant or the contractor carrying out the work must at least seven days in advance of any excavation works below the level of the base of the footings of a building

on an adjoining allotment, including a public road or place, give written notice of intention to carry out such works to the property owner of the affected adjoining building and furnish specific written details and supporting plans or other documentation of the proposed work.

The adjoining property owner of land is not liable for any part of the cost of work carried out for the purposes of this condition, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

60 Tree Protection and Management The existing trees are to be retained upon the subject property and any trees on adjoining properties shall not be impacted upon during the excavation or construction phases of the development. This will require the installation and maintenance of appropriate tree protection measures, including (but not necessarily limited to) the following:

60.1 Installation of Tree Protection Fencing - Protective fencing shall be 1.8 m cyclone chainmesh fence, with posts and portable concrete footings;

60.2 Installation of Tree Protection Fencing - A one (1) metre high exclusion fence must be installed around the extremity of the dripline of the tree/trees to be retained prior to any site works commencing. The minimum acceptable standard is a 3 strand wire fence with star pickets at 1.8 metre centres. This fence must be maintained throughout the period of construction to prevent any access within the tree protection area;

60.3 Mulch Tree Protection Zone: Areas within a Tree Protection Zone are to be mulched with minimum 75 mm thick 100% recycled hardwood chip/leaf litter mulch;

60.4 Irrigate: Areas within the Tree Protection Zone are to be regularly watered in accordance with the arborist’s recommendations.

The tree protection fencing shall be installed prior to the commencement of any demolition, excavation or construction works and shall be maintained throughout the entire construction phases of the development.

61 Supervising Arborist – Tree Inspection and Installation of Tree Protection Measures Prior to the commencement of any demolition, excavation or construction works, the supervising arborist must certify in writing that tree protection measures have been inspected and installed in accordance with the arborist’s recommendations and relevant conditions of this consent.

62 Certification from Arborist - Adequate Protection of Trees to be Retained A qualified arborist is required to be engaged for the supervision of all on-site excavation or land clearing works. The submission of appropriate certification from the appointed arborist to the Principal Certifying Authority is required which confirms that all trees and other vegetation to be retained are protected by fencing and other measures, prior to the commencement of any such excavation or land clearing works.

63 Footpath Levels Footpath levels must be obtained from Council’s Works and Services Division prior to works commencing. This can be achieved by filling out an application form and payment of the relevant fee.

All such structures and internal driveways shall be constructed to these approved levels.

The longitudinal grade of the footpath must be parallel to the top of kerb level and all building entrance adjustments for level access to building floor levels must be developed within the private property of the building in accordance with the requirements of the latest versions of AS1428.1, the Building Code of Australia and the Disability Discrimination Act. No adjustments to the uniform and even longitudinal grade of the footpath at the boundary line will be permitted for access points to buildings.

A copy of the approved levels shall be submitted to the Principal Certifying Authority prior to works commencing.

64 Structural Engineering Details – Driveway Structural engineering details for the proposed concrete driveway over the drainage easement shall be submitted to the Principal Certifying Authority for approval, prior to the commencement of works. The required engineering plans and supporting documentation shall include the following:

64.1 Slab thickness,

64.2 Compressive strength of concrete,

64.3 Reinforcement type, cover and location in slab,

64.4 Jointing details and locations (joints along easement boundary required)

64.5 Structural adequacy of existing/proposed pit lids and/or grates that may occur within the driveway when subjected to traffic loadings,

64.6 Cover available over the existing pipeline (minimum 450 mm required).

65 Application for Occupation, Use, Disturbance or Work on Footpath/Roadway Any occupation, use, disturbance or work on the footpath or road reserve for construction purposes, which is likely to cause an interruption to existing pedestrian and / or vehicular traffic flows requires Council consent under Section 138 of the Roads Act 1993. An application must be submitted and approved by Council prior to the works commencing where it is proposed to carry out activities such as, but not limited to, the following:

65.1 Digging or disruption to footpath/road reserve surface;

65.2 Loading or unloading machinery/equipment/deliveries;

65.3 Installation of a fence or hoarding;

65.4 Stand mobile crane/plant/concrete pump/materials/waste storage containers;

65.5 Pumping stormwater from the site to Council's stormwater drains;

65.6 Installation of services, including water, sewer, gas, stormwater, telecommunications and power;

65.7 Construction of new vehicular crossings or footpaths;

65.8 Removal of street trees;

65.9 Carrying out demolition works

66 Supervision of Works within Road Reserve The works within Council’s road reserve shall be supervised by a suitably qualified and experienced Civil Engineer or Civil Engineering Foreman. The supervisor’s name, address and contact details (including telephone number), together with a written construction program and anticipated duration of the construction works shall be submitted to Council’s Development Engineering Manager prior to the commencement of works within the road reserve.

67 Site Management, Pedestrian and Traffic Management (Where Works are Proposed in or from a Public Road Reserve The submission, as part of an application for a permit under Section 138 of the Roads Act 1993, of a Site Management, Pedestrian and Traffic Management Plan to Council’s Manager Development Engineering for approval is required, prior to works commencing on the site. This plan shall address what measures will be implemented for the protection of adjoining properties, pedestrian safety and traffic management and shall be in compliance with the requirements of the latest versions of Australian Standard AS1742 - Traffic Control Devices for Works on Roads and the RMS Traffic Control at Worksites Manual.

This plan is required to maintain public safety, minimise disruption to pedestrian and vehicular traffic within this locality and to protect services, during demolition, excavation and construction phases of the development. This plan shall include the following aspects:

67.1 Proposed ingress and egress points for vehicles to/from the construction site;

67.2 Proposed protection of pedestrians, adjacent to the construction site;

67.3 Proposed pedestrian management whilst vehicles are entering/exiting the construction site;

67.4 Proposed measures to be implemented for the protection of all roads and footpath areas surrounding the construction site from building activities, crossings by heavy equipment, plant and materials delivery and static load from cranes, concrete pumps and the like;

67.5 Proposed method of loading and unloading excavation machines, building materials formwork and the erection of any part of the structure within the site;

67.6 Proposed areas within the site to be used for the storage of excavated material, construction materials and waste containers during the construction period;

67.7 Proposed traffic control measures such as advanced warning signs, barricades, warning lights, after hours contact numbers etc. are required to be displayed where works are in progress in any road reserve and shall be in accordance the latest versions of the NSW Roads and Maritime Services Specification - “Traffic Control at Work Sites Manual” and the Australian Standard AS1742. – “Manual of Uniform Traffic Control Devices” and accompanying field handbooks (SAA HB81);

67.8 Proposed measures to be implemented, in order to ensure that no soil/excavated material is transported on wheels or tracks of vehicles or plant and deposited on the roadway.

67.9 This includes temporary road closures for the delivery of materials, plant and equipment, concrete pours etc

The approved plan shall be implemented, prior to the commencement of any works upon the construction site.

Note: Any proposed works or placement of plant and equipment and/or materials within any road reserve will require the separate approval of Council, prior to the commencement of such works, pursuant to the provisions of the Roads Act 1993.

68 Notification to Council for Works on Council Land The developer shall advise Council’s Development Engineering Manager in writing at least seven days prior to the intended commencement of works on the installation of drainage infrastructure on Council’s land. Prior to undertaking the works on Council land, the developer shall arrange an on-site inspection with Council's Development Engineering Manager.

69 Appointment of Principal Certifying Authority Prior to the commencement of work, the person having the benefit of the Development Consent and the Construction Certificate must:

69.1 Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the appointment irrespective of whether Council or an accredited private certifier is appointed; and

69.2 Notify Council in writing of their intention to commence works (at least 2 days notice is required.).

You are advised that Wollongong City Council’s type M10 form sets out the above requirements. 70 Compliance with Council’s Subdivision Code

All works must be approved by way of issue of a Construction Certificate and constructed in accordance with the version of the Wollongong City Council Subdivision Code current at the time of this consent.

71 Supervision of Works A suitably qualified and experienced Civil Engineer, Registered Surveyor or experienced Civil Engineering Foreman must be appointed by the developer before any work commences. The supervisor’s name, address and contact telephone number must be submitted to the Principal Certifying Authority, two days prior to the commencement of any work.

72 Sign – Supervisor Contact Details Prior to commencement of any work, a sign must be erected in a prominent position stating the following:

72.1 Unauthorised entry to the work site is prohibited; 72.2 Name of the person in charge of the work site and a contact telephone number; and 72.3 Existing lot number of the property.

This sign shall be removed only upon the completion of the construction works. 73 Site Documentation

The supervisor must have on-site at all times a copy of the following documents:

73.1 A copy of the Development Consent; 73.2 A copy of the Construction Certificate and approved drawings; and 73.3 A copy of the approved Environmental Management Plan (if required by the conditions

of the Development Consent). 74 Works to be in accordance with Soil and Water Management Plan

All works must be carried out in accordance with the approved Soil & Water Management Plan.

75 Erosion and Sediment Control Measures Erosion and sedimentation control measures are to be established in accordance with the requirements of Council. All erosion and sedimentation control measures are to be in place, prior to the commencement of any works and shall be maintained for a minimum period of six (6) months after the completion of all works. Daily maintenance of the erosion and sedimentation control measures is to undertaken to ensure their effectiveness.

76 Temporary Sediment Fences Sediment fences must be installed on the site in accordance with “Managing Urban Stormwater: Soils and Construction NSW Dept of Housing - 4th Edition”, prior to the commencement of any works. Upon completion of the subdivision, sediment fencing is to remain until the site is grassed or alternatively, a minimum 2 metre strip of turf must be provided.

77 Sediment Traps Sediment traps must be installed on-site around all affected stormwater inlets and drainage lines, in accordance with “Managing Urban Stormwater: Soils and Construction, NSW Dept of Housing - 4th Edition”, prior to the commencement of any works. All sediment control measures must be maintained on a daily basis until the site has been fully revegetated.

78 Deposited Materials on Roads Any material deposited on public roads resulting from the works must be removed within the same day.

79 Dust Control The emission of dust from the site must be controlled and in this regard watering equipment shall be kept on the site at all times for this purpose.

80 Shaker Pads Shaker pads are to be installed at the entry/exit points to the site to prevent soil material leaving the site on the wheels of vehicles and other plant and equipment.

81 Vibratory Rollers No vibratory rollers are to be used during the construction of the subdivision without the prior written approval of the Principal Certifying Authority. The Principal Certifying Authority shall not issue this approval unless the geotechnical consultant has confirmed in writing that the use of vibratory rollers will not affect existing adjacent dwellings.

82 Filling – Borrowed Externally Any fill material borrowed externally shall comply with Wollongong City Council’s Technical Policy 4.71 “Use of Fill Material in Construction Sites – Impact on Water and Air Quality”.

83 Geotechnical Supervision A Suitably Qualified Geotechnical Engineer must supervise all filling within the development.

84 Certification – Installation of Erosion and Sedimentation Control Devices Prior to any excavation, demolition or construction works being carried out a certificate from the appointed site supervisor must be submitted to the Principal Certifying Authority confirming that all erosion and sedimentation control devices have been satisfactorily installed as per the approved Construction Certificate plans and specifications.

85 Programming of Works in Road Reserve The submission of a written construction program to Council is required, a minimum of one week prior to the commencement of any works within any public road reserve.

86 Forty-eight Hours Notice – Prior to Works Commencing in any Road Reserve The site supervisor must give the Principal Certifying Authority 48 hours notice, prior to any works commencing in any road reserve (footpath/carriageway).

87 Public Liability Insurance All contractors working in Council’s road reserve shall take out public liability insurance for a minimum amount of $10 million. This policy shall indemnify Council from all claims arising from the execution of any such works. It will be the site supervisor’s responsibility to ensure that this condition of consent is complied with.

88 Pavement Design The pavement design must be carried out by a qualified geotechnical/civil engineer in accordance with the ‘Australian Road Research Board’ design criteria and the version of the Wollongong City Council Subdivision Code which are current at the date of this consent. The pavement design must be submitted to the Certifying Authority for approval prior to the laying of pavement material.

During Demolition, Excavation or Construction

89 Works within Road Reserve All works proposed within the road reserve and on Community Land as part of the subject development shall be carried out in accordance with the construction plans approved by Council and good engineering practice at the developer’s expense.

90 Copy of Consent to be in Possession of Person carrying out Tree Removal The applicant must ensure that any person carrying out tree removal/vegetation is in possession of this development consent and the approved site plan/Arborist report and VMP, in respect to the vegetation which has been given approval to be removed in accordance with this consent.

91 The developer must carry out work at all times in a manner which will not cause a nuisance, by the generation of unreasonable noise, dust or other activity, to the owners and/or occupiers of adjoining and adjacent land.

92 Trucks which are entering and leaving the premises and carrying loads must be sealed or covered at all times, except during loading and unloading.

93 Excavation/Filling/Retaining Wall Structures Any proposed filling on the site must not: 93.1 Encroach onto the adjoining properties, and 93.2 Adversely affect the adjoining properties with surface run-off.

94 Provision of Waste Receptacle The developer must provide an adequate receptacle to store all waste generated by the development, pending disposal. The receptacle must be regularly emptied and waste must not be

allowed to lie or accumulate on the property other than in the receptacle. Consideration should be given to the source separation of recyclable and re-usable materials

95 Stormwater Disposal Stormwater from the development shall be piped to the watercourse on the adjoining Council land with appropriate scour protection to the satisfaction of Council.

96 Protection of Stormwater Pipes The developer shall ensure that all stormwater pipes within trafficable areas are protected from any damage that may occur during the construction phase of the development.

97 Protection of Council Infrastructure The developer shall provide adequate protection to all Council assets prior to work commencing and during construction. Wollongong City Council’s Development Engineering Manager shall be notified immediately in the event of any damage to Council’s assets. Any damage to Council’s assets shall be made good to the satisfaction of Council, with all associated costs borne by the developer.

98 Supervision of Engineering Works A suitably qualified civil engineer, registered surveyor or experienced civil engineering foreman appointed by the developer must be on site at all times during working hours.

99 Drainage Inspections A suitably qualified civil engineer appointed by the developer must regularly visit the site to ensure that all drainage construction complies with the approved Construction Certificate drawings.

100 Noise Control – Construction Works The construction works shall comply with the Australian Standard AS 2436- 2010 “Guide to Noise Control on Construction, Maintenance & Demolition Sites” and any other requirements as specified by Council or the NSW Environment Protection Authority.

101 Prior to Pouring of Concrete A suitably qualified civil and/or structural engineer appointed by the developer must review and approve any structural reinforcement prior to pouring of concrete.

102 Formwork A suitably qualified civil and/or structural engineer appointed by the developer must review and approve all formwork prior to pouring of concrete.

103 Notice to Council – Road Openings The site supervisor must notify Council’s Works Department 48 hours prior to the opening of any public road.

104 Traffic Control Plan Approval must be obtained from Wollongong City Council Traffic Section for any interruption to pedestrian and vehicular traffic within the road reserve caused by the construction of this development. A traffic control plan prepared and implemented by a suitably qualified person must be submitted for approval with the appropriate fee, 48 hours prior to expected implementation. The traffic control plan shall be to the requirements of Wollongong City Council.

Note: This includes temporary road closures for the delivery of materials, plant and equipment, concrete pours etc.

105 Notification to Council of any Damage to any Road, Drainage Structure or Footpath Council must be notified in the event of any existing damage to the road, kerb and gutter, road shoulder, footpath, drainage structures and street trees fronting the development prior to the commencement of work. Adequate protection must be provided for Council infrastructure prior to work commencing and during subdivision operations. Any damage to Council’s assets shall be made good, prior to the release of the Subdivision Certificate.

106 Restricted Work Hours of Operation The developer must not carry out any work (other than emergency procedures to control dust or sediment laden runoff) outside the normal working hours, namely 7.00 am to 5.00 pm Monday to Friday and 7.00 am to 1.00 pm Saturday, without the prior written consent of the Principal Certifying Authority. No work is permitted on Sundays or Public Holidays.

Any request to vary these hours shall be submitted to the Principal Certifying Authority in writing, detailing:

106.1 The variation in hours required; 106.2 The reason for that variation; and 106.3 The type of work and machinery to be used.

Note: The developer is advised that other legislation may control the activities for which Council has granted consent including but not limited to the Protection of the Environment Operations Act 1997. Developers must note that consistent with the NSW Environment Protection Authority’s Interim Construction Noise Guideline (July, 2009), the noise from construction (LAeq

(15 min)) must not exceed the background noise level (LA90 (15 min)) plus 10 dB(A), and a LAeq (15 min) of 75 dB(A) when measured at the residential property boundary that is most exposed to construction noise, and at a height of 1.5 metres above ground level. If the property boundary is more than 30 m from the residence, the location for measuring noise levels is at the most noise-affected point within 30 metres of the residence.

107 Compliance Inspections The construction of the subdivision will require regular inspections in accordance with the Wollongong City Council Subdivision Code. If Wollongong City Council is to carry out compliance inspections you are advised that inspections must be paid for at the time of submission of Wollongong City Council’s type M10 form and booked a minimum of 24 hours prior to taking place.

Prior to Issue Subdivision Certificate/Release of Final Subdivision Plan

108 Bushfire – Compliance Certificate A Compliance Certificate shall accompany any Subdivision Certificate for Bushfire construction works as have been completed, verifying that the development has been constructed in accordance with the requirements of the NSW Rural Fire Service letter dated 19 June 2014 as attached to this consent, the requirements of the Development Consent and Construction Certificate.

109 Post Dilapidation Report The developer shall provide Wollongong City Council with a post construction dilapidation report, identifying the condition of Council assets and all land in the vicinity of the proposed works at the completion of works.

110 Drainage within Council Land WAE The developer shall obtain written verification from a suitably qualified civil engineer, stating that the construction of the drainage infrastructure works within Council land has been undertaken in accordance with the approved plans. In addition, full works-as-executed plan, prepared and signed by a Registered Surveyor must be submitted. This plan must include the location and levels of the drainage lines, structures and finished surface levels. This information must be submitted to Wollongong City Council’s Development Engineering Manager prior to the issue of the final Subdivision Certificate.

111 Completion of Engineering Works The completion of all engineering works within Council’s road reserve or other Council owned or controlled land in accordance with the conditions of this consent and any necessary work to make the construction effective to the satisfaction of Council’s Manager Development Engineering. The total cost of all engineering works shall be fully borne by the applicant/developer and any damage to Council’s assets shall be restored in a satisfactory manner, prior to the issue of the Subdivision Certificate.

112 Certification – Stormwater Drainage The submission of written certification from a suitably qualified civil engineer stating that all stormwater drainage and related works have been constructed in accordance with the approved Construction Certificate plans and the requirements of the Wollongong City Council Subdivision Code.

113 On-Site Detention - Structural Certification The submission of a certificate from a suitably qualified practising civil and/or structural engineer to the Principal Certifying Authority is required prior to the issue of the Subdivision Certificate. This certification is required to verify the structural adequacy of the on-site detention facility and that the facility has been constructed in accordance with the approved Construction Certificate plans.

114 Restriction on use – On-site Detention System The applicant must establish a Restriction on use over the on-site detention system. The following terms must be included on an 88B instrument for approval of Council:

“The registered proprietor of the lot burdened must not make or permit or suffer the making of any alterations to any on-site stormwater detention system on the lot(s) burdened without the prior consent in writing of the authority benefited. The expression ‘on-site stormwater detention system’ shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater as well as all surfaces graded to direct stormwater to those structures.

Name of the authority having the power to release, vary or modify the restriction referred to is Wollongong City Council.”

The 88B instrument, showing the restriction must be submitted to the Principal Certifying Authority for endorsement prior to the issue of the Subdivision Certificate.

115 88B Instrument – Restriction as to User – On-site Detention System The applicant must create a restriction on use over the site. The following terms must be included on an 88B instrument for approval of Council:

“The registered proprietor of the lot burdened must not erect or permit the erection of or permit to remain any dwelling house, building or other structure on the lot burdened unless the registered proprietor has constructed an on-site stormwater detention system on the said lot burdened, in accordance with the requirements of Wollongong City Council. The expression ‘on-site stormwater detention system’ shall include all ancillary gutters, pipes, drains, walls, kerbs, pits, grates, tanks, chambers, basins and surfaces designed to temporarily detain stormwater as well as all surfaces graded to direct stormwater to those structures.

Name of the authority having the power to release, vary or modify the restriction referred to is Wollongong City Council.”

The 88B instrument, showing the restriction must be submitted to the Principal Certifying Authority for endorsement prior to the issue of the Subdivision Certificate.

116 Final Geotechnical Report - Subdivision Certificate The submission of a final geotechnical report by a suitably qualified and experienced geotechnical consultant to the Principal Certifying Authority, prior to the issue of the Subdivision Certificate. The report shall include, but is not necessarily limited to:

116.1 All earthwork operations;

116.2 The suitability of each allotment for residential development. In this regard each lot shall be given a classification in accordance with AS2870.1 - Residential Slabs and Footings;

116.3 A fill plan showing extent and depth of fill;

116.4 Certification that all earthworks within the site have complied with the Subdivision Code. This shall include appropriate test results, and test location diagram and date of testing;

116.5 Certification that all recommendations contained in geotechnical reports lodged in support of this development have been satisfied;

116.6 The exact extent of any restricted building zones or any other restrictions affecting any of the allotments. Particular attention shall be paid to the location of subsurface drainage lines, which shall be burdened with a restriction-as-to-user within the Section 88B Instrument;

116.7 identification of all land affected by landslip or instability constraints (if applicable)

116.7 No FRC pipes are located in areas subject to groundwater or potential for prolonged saturation.

117 Certification - Geotechnical A suitably qualified geotechnical engineer must supervise all filling activity. The geotechnical engineer shall provide written certification that the completed landfilling or land re-shaping works are in compliance with the approved plans and specifications. The certification shall include appropriate test results, a test location diagram and date of testing.

118 Works-As-Executed Plans The submission of two sets (minimum) of Works-As-Executed (WAE) plans to the Principal Certifying Authority, prior to the release of the Subdivision Certificate. The Works-As-Executed plans shall be certified by a registered surveyor indicating that the survey is a true and accurate record of the works that have been constructed. The Works-As-Executed dimensions and levels must also be shown in red on a copy of the approved Construction Certificate plans. The Works-As-Executed (WAE) plans must include:

118.1 Final locations and levels for all works associated with the subdivision which also indicates the final volume of each on-site detention and subsoil drainage locations;

118.2 Separate conduit plan showing the location of all conduits laid beneath the constructed road system;

118.3 A separate fill plan showing extent and depth of filling; 118.4 A separate plan which indicates the extent of flood inundation for 1% AEP and PMF

storm event; 118.5 The location of the on-site detention identification plaque; and 118.6 The plan(s) must include but not be limited to the requirements stated in Chapter E14 of

the Wollongong DCP 2009.

An electronic copy in CAD format is required to be submitted at the time of lodgement.

119 Works-As-Executed Plans – Building Envelope and Vehicular Access Above 1% Annual Exceedance Probability Flood Event The required Works-As-Executed (WAE) plans must also show that all lots contain a building envelope and vehicular access above the 1% Annual Exceedance Probability (AEP) flood event. The WAE plans must clearly delineate the 1% AEP flood frequency line for all watercourses and overflow paths in the subdivision

120 Natural Watercourse The natural watercourse must be chartered on the final subdivision plan.

121 Existing Easements All existing easements must be acknowledged on the final subdivision plan.

122 Existing Restriction as to Use All existing restriction on the use of land must be acknowledged on the final subdivision plan.

123 Encroaching Pipes A minimum one (1) metre wide easement to drain water shall be created over any encroaching drainage pipes.

124 Encroaching Services A minimum one (1) metre wide easement for services must be created over any encroaching utility service.

125 Compliance Certificates – Subdivision Works Where an accredited Private Certifying Authority has been appointed to carry out inspections, a Compliance Certificate must be submitted stating that all work has been constructed in accordance with:

125.1 The Development Consent; 125.2 The approved Construction Certificate; 125.3 The Wollongong City Council Subdivision Code.

126 Section 88B Instrument The submission of a Final Section 88B Instrument to Council/Principal Certifying Authority, which incorporates (but is not necessarily limited to) the following restrictions, easements and covenants, where applicable:

126.1 Easement for drainage; 126.2 Drainage easement over overflow paths; 126.3 Restriction as to user which prohibits the erection of buildings or other structures on the

site unless an ‘on-site stormwater detention system’ has been constructed;; 126.4 Restriction-as-to-user over the ‘on-site stormwater detention system’ which prohibits its

alteration and/or removal; 126.5 Restriction-as-to-user over bund walls which prohibits its alteration and/or removal; 126.6 Positive covenant that requires maintenance to be in accordance with the Construction

Certificate approved On-Site Detention System and Maintenance Schedule – (Application number to be referenced).

126.7 Restricted building zone over the 1% AEP flood inundation area of the natural watercourse which prohibits the erection of structures, fences, pools, ancillary buildings, the placement of fill and the planting of trees;

126.9 Minimum floor levels: Proposed Lot 3022 – RL33.65m AHD & Proposed Lot 3021 – RL32.81m AHD.

127 88B Instrument Easements/Restrictions Any easements or restrictions required by this consent must nominate Wollongong City Council as the authority to vary, modify or release/extinguish the easements or restrictions. The form of the easement(s) or restriction(s) created as a result of this consent must be in accordance with the standard format for easements and restrictions as accepted by the Land and Property Information Office.

128 All Works to be Completed All works as specified in the development Consent and Construction Certificate must be completed prior to the issue of a Subdivision Certificate. All works shall be fully borne by the developer and any damage to Council’s assets shall be made good, prior to the issue of the Subdivision Certificate.

129 Final Documentation Required Prior to Issue of Subdivision Certificate The submission of the following information/documentation to the Principal Certifying Authority, prior to the issue of a Subdivision Certificate:

129.1 Completed Subdivision Certificate application form and fees in accordance with Council’s fees and charges;

129.2 Original Construction Certificates and approved drawings (where issued by an accredited Private Certifying Authority);

129.3 Certificate of Practical completion from Wollongong City Council or an accredited Private Certifying Authority;

129.4 Administration sheet and plan of Subdivision prepared by a registered surveyor plus four (4) equivalent size paper copies of the plan;

129.5 Section 88B Instrument covering all necessary easements and restrictions on the use of any lot within the subdivision;

129.6 Original Subdivider/Developer Compliance Certificate pursuant to Section 73 of the Water Board (Corporatisation) Act 1994 from Sydney Water;

129.7 Original Notification of Arrangement from an Endeavour Energy regarding the supply of underground electricity to the proposed allotments;

129.8 Original Compliance Certificate from Telstra or another Telecommunications Service Provider which confirms that the developer has consulted with the Provider with regard to the provision of telecommunication services for the development.

129.9 Payment of section 94 fees (Pro rata) (if applicable)

130 CCTV All stormwater pipes within road reserves and within drainage easements intended to be dedicated to Council must be inspected by CCTV. A copy of the CCTV inspection must be submitted to the Principal Certifying Authority prior to the issue of the Subdivision Certificate. Below standard work must either be replaced or repaired to the Principal Certifying Authority’s satisfaction prior to the issuing of a Subdivision Certificate.

131 On-Site Detention – Certificate of Hydraulic Compliance The developer shall obtain a certificate of Hydraulic Compliance (using Council’s M19 form) from a suitably qualified civil engineer, to confirm that all stormwater drainage and on-site detention works have been constructed in accordance with the approved plans. The certificate must satisfy the requirements of hydraulic compliance as stated in Chapter E14 of Council’s Wollongong DCP 2009. This information must be submitted with the full works-as-executed plans to the Principal Certifying Authority prior to the issue of the Subdivision Certificate.

Operational Phases of the Development/Use of the Site

132 Loading/Unloading Operations/Activities All loading/unloading operations are to take place at all times wholly within the confines of the site.

133 Maintenance of Asset Protection Zone The Asset Protection Zone must be maintained at all times as follows:

133.1 There shall be minimal fine fuel at ground level which could be set alight by a bushfire.

133.2 Use of non combustible ground surfaces such as gravel roads, paved areas, in-ground pools, etc is acceptable.

133.3 Lawn areas shall be maintained low cut and clear.

133.4 Areas under fences, fence posts, gates and trees shall be raked and kept clear of fine fuel.

133.5 Trees may be retained within the Asset Protection Zone (APZ) where:

133.5.1 No part of the tree overhangs within 2 metres of any building 133.5.2 The canopy is discontinuous such that tree crowns are separated by a minimum

of 10 metres where the APZ adjoins tall open forest, open forest or low open forest

133.5.3 The canopy is discontinuous such that tree crowns are separated by a minimum of 5 metres where the APZ adjoins woodland or other vegetation type

133.5.4 They are smooth barked species or, if rough barked, shall be maintained free of decorticating bark and other ladder fuels (rough barked species are not encouraged)

133.5.5 A well-watered and maintained vegetable garden may be located within the APZ. 133.5.6 No part of a tree shall be closer to a power line than the distances set out in the

current edition of “Planning for Bush Fire Protection”.

133.5.7 The use of local native plants with features that minimise the extent to which they contribute to the spread of bush fires is encouraged within the above constraints.

Attachment 1: NSW Office of Water

Attachment 2: NSW Rural Fire Service