disclosures of interest motions of urgency … · planning panel held on 23 september 2010, as...

This is page 1 of the Minutes of the Planning Panel Meeting held on 7 October 2010 confirmed on 14 October 2010 ……………………………………………Chairperson

MINUTES OF THE MEETING OF THE CESSNOCK CITY COUNCIL PLANNING PANEL HELD IN ANTE ROOM ON THURSDAY, 7 OCTOBER 2010, COMMENCING AT 4.00PM

PRESENT: Tim Rogers, Alison McCabe, Vince Berkhout. IN ATTENDANCE: Acting Director City Planning - Jacqui Tupper Acting Development Services Manager - Richard Forbes Major Projects Coordinator - Julie Wells Planning Assessment Officer - Tracy Sharp - Senior Senior Planning Assessment Officer - Peter Giannopolous Planning Assessment Officer - Kate Agnew Planning Assessment Officer - Kristen Swan

Infrastructure & Services Administration Support Officer – Carly Turnbull

MINUTES: MOTION Moved: Alison McCabe Seconded: Vince Berkhout PP15 RESOLVED that the Minutes of the meeting of the Cessnock Planning Panel held on 23 September 2010, as circulated, be taken as read and confirmed as a correct record. FOR AGAINST Mr Vince Berkhout Mr Tim Rogers Ms Alison McCabe Total (3) Total (0)

CARRIED UNANIMOUSLY

DISCLOSURES OF INTEREST

NIL

MOTIONS OF URGENCY

NIL


ENHANCING OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT

OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO. PPEE7/2010.DOC

SUBJECT: NULKABA BC10 REZONING PROPOSAL

MOTION Moved: Vince Berkhout Seconded: Alison McCabe PP16 RESOLVED That the report be DEFERRED for a further report which addresses the following :

1. Confirmation of the concurrence of DECCW to the proposed biodiversity offsets reflected in the proposed environmental zon e.

2. Clarification from the Department of Planning on the means for incorporating the proposed amendment into the draft Cessnock LEP 2010.

3. Further details on the planning gateway process steps to effect the rezoning having regard to changes to part 3.

FOR AGAINST Mr Vince Berkhout Mr Tim Rogers Ms Alison McCabe Total (3) Total (0)

CARRIED UNANIMOUSLY

The following people addressed the meeting of the Panel: Speakers Company For /

Against Report Page

No. Duration

Mr Peter Mitchell

Big4 Valley Vineyard

Tourist Park

Against PPEE8/2010 - Development Application 8/2010/136/1 - Integrated Residential Golf

Course - 49A Lindsay Street, Cessnock

4 3 min s


EXTENSION OF TIME Moved: Alison McCabe Seconded: Tim Rogers RESOLVED, That an Extension of Time be granted to Mr Peter Mitchell to continue to address the panel.

FOR AGAINST Mr Vince Berkhout Mr Tim Rogers Mr Alison McCabe Total (3) Total (0)

Mr Stephen

Leathley Insite

Planning For PPEE8/2010 - Development Application

8/2010/136/1 - Integrated Residential Golf Course - 49A Lindsay Street, Cessnock

4 3 mins


OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO.

PPEE8/2010.DOC

SUBJECT: DEVELOPMENT APPLICATION 8/2010/136/1 - INTEGRATED RESIDENTIAL GOLF COURSE - 49A LINDSAY STREET, CESSNOCK

MOTION Moved: Tim Rogers Seconded: Vince Berkhout PP17 RESOLVED That the Development Application No. 8/2010/136/1 f or an Integrated Residential Golf Course Development Comprising Six (6) Golf Holes, 1 20 Residential Allotments, Two (2) Commercial Allotments and Associated Constructi on and Demolition Works on Part Lot 181 & Lot 182 DP 1144404 No. 49A Lindsay S treet CESSNOCK be determined pursuant to S80 of the Environmental Planning and A ssessment Act 1979 by the granting of consent subject to the conditions at th e end of the report as amended in the following way: Condition 22 is to be amended to read as follows: -

An Earthworks Environmental Management Plan is to be submitted to Council prior to the commencement of the bulk earthworks on the golf course holes or any subdivisional works. The plan is to outline details of any staging of the works to better manager environmental impacts; the type of material to be used; the compaction testing methods; the type of geotechnical supervision required; and an outline of the landfill and construction procedures to be adhered to too minimise any potential environmental impacts. The plan is to make provision for the following engineering work plans: a. Site management plan; b. Top soil management – nominate areas to be stripped, stockpiled and re-used; c. Construction management plan, including stockpiles, provision of facilities for workers, truck and machinery wash down areas, location and phone number of site office; d. Traffic management plan – shall include the proposed designated route between Mount View Road and the site entry for construction vehicles. The management plan shall consider road condition and shall document existing status including photos. Should it be disclosed that during and at the completion of works that there is damage to the road and/or infrastructure, rectification works by the proponent will be necessary to restore the road to the same standard prior to commencement of works. Any rectification works needs to be carried out prior to use of the site or release of the subdivision certificate. The road route shall be kept clean of any spoil, mud or debris from work site; e. Waste management plan, including the location of where the waste is to be stored, separated or treated on site and ongoing management of the plan; f. Water management plan, including water quality monitoring before, during and after construction and soil erosion and sediment control management; g. Noise and vibration management plan; h. Soil related impacts; i. Dust and odour management plan; j. Acid sulphate soils and salinity management plan; and k. Site rehabilitation and landscaping plan.


Reason To reduce the environmental impact on the site during the construction period.

Condition 57 is to be amended to read as follows: -

The applicant shall prepare a design to provide conveyance of stormwater runoff within suitable structures for all storm events from the 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm event. Any drainage for golf holes 4-9 need to be directed to either basin ’C’ and outlet via drainage towards Mavis and Lindsay Streets or alternatively conveyed to a basin in proximity to Mount View Road. Such works shall include provision for the containment of identified site discharges within a designated channel or bank alignment and have regard to the protection of those lots adjacent to the existing creek alignment which front Lindsay Street and Mavis Street. The construction of the conveyance system shall be required within the subject site with consideration to the transition of the existing creek alignment over adjoining or intervening lands to be incorporated within the design. The design shall be submitted to the Council for approval prior to works commencing on-site for Stage 2 works. Reason To ensure existing downstream flooding concerns of Lindsay Street and Mavis Street residential lots are addressed as part of the upstream catchment site regrading and bulk earthworks.

Condition 79 is to be amended to read as follows: -

A separate development application is to be lodged with Council for the new hotel for consideration and determination on the prescribed form and with appropriate documentation. This application does not need to be lodged with Council prior to the issue of the Subdivision Certificate for Stage 4. Lot 434 shall comprise a minimum area of 7540m². Reason To ensure a development application is lodged with Council for consideration and determination of the future hotel.

STANDARD CONDITIONS

SCHEDULE 1 TERMS OF CONSENT

ALL STAGES Construction Certificate 1. Construction works associated with the development in accordance with a

development consent shall not be commenced until:-


a) detailed plans including design calculations for any building work have been endorsed with a construction certificate by:- (i) the consent authority; (ii) an accredited certifier, and b) the person having the benefit of the development consent:- (i) has appointed a principal certifying authority, and (ii) has notified Council of the appointment, and c) the person having the benefit of the development consent has given at least 2 days notice to the Council of the person’s intention to commence construction works. Reason To ensure compliance with the provisions of the Environmental Planning and Assessment Act 1979 (as amended).

General 2. The proposed development shall be carried out strictly in accordance with the details

set out on the application form, and the following: - Plan Numbered Project No. 100717, Drawing No. SK11 Rev A, dated 20.08.09, 1 Sheet, Drawn by Meinhardt Infrastructure & Environment; Plan Numbered Project No. 100717, Drawing No. SK12 Rev A, dated 18.08.09, 1 Sheet, Drawn by Meinhardt Infrastructure & Environment; Plan Numbered Job Number 8502.5, Rev Number A, 1 Sheet, Date 209.02.08, Titled Landscape Masterplan – Stage 2, Drawn by Terras Landscape Architects; Plan Numbered Job Number 8502.5, Rev Number A, 1 Sheet, Date 2009.02.08, Titled Landscape Masterplan – Stage 3, Drawn by Terras Landscape Architects; Plan Numbered Job Number 8502.5, Rev Number A, 1 Sheet, Date 2009.02.08, Titled Landscape Masterplan – Stage 4, Drawn by Terras Landscape Architects; Plan Numbered Job Number 8502.5, Rev Number A, 1 Sheet, Date 2009.02.08, Titled Landscape Masterplan – Stage 5, Drawn by Terras Landscape Architects; Plan Numbered Job Number 8502.5, Rev Number A, 1 Sheet, Date 2009.02.08, Titled Landscape Masterplan – Stage 7, Drawn by Terras Landscape Architects; Plan Numbered Job Number 8502.5, Rev Number A, 1 Sheet, Date 2090.02.08, Titled Landscape Masterplan – Details, Drawn by Terras Landscape Architects; Plan Numbered 100717-00-IE_01, 1 Sheet, Dated July 2010, Revision D, Site Master Plan, Drawn by Meinhardt Infrastructure & Environment; Plan Numbered 10003B_01, 1 Sheet, Dated 8 June 2010, Masterplan of The Oaks Golf Course, Mount View Road Cessnock, Drawn by Monteath & Powys Pty Ltd; Plan Numbered CS2100-SK04, 1 Sheet, Dated 07/04/2010, Intersection Plan, Drawn by Cardno; Cessnock Golf Club – Traffic Management Plan prepared by Cardno Eppell Olsen,


Dated July 2010; Traffic Impact Assessment prepared by Insite Planning Engineering Environmental, Dated January 2010; Vegetation Management Plan, Job Reference 23601, Dated 15 December 2009, Prepared by RPS Harper Somers O’Sullivan; Flora and Fauna Assessment, Job No. 23601, Dated February 2010, Prepared by RPS Harper Somers O’Sullivan; Riparian Condition Assessment prepared by RPS Australia East Pty Ltd, Job No. 23601 and dated 4 June 2010; Water Management Plan prepared by Meinhardt Infrastructure & Environment Pty Ltd, Dated 4 June 2010; Flood Report, Project No. 100717, Dated 29 January 2010, Prepared by Meinhardt Infrastructure & Environment Pty Ltd; Planning for Bushfire Protection Assessment prepared by Bushfire Planning and Design, Dated 27th January 2010; General Terms of Approval – Water Management Act 2000, Issued by NSW Office of Water Dated 10 June 2010, General Terms of Approval – National Parks and Wildlife Act 1974, Issued by Department of Environment and Climate Change Dated &&&& 2010, General Terms of Approval – Rural Fires Act 1997, Issued by NSW Rural Fire Service Dated 10 June 2010, as amended in red or where modified by any conditions of this consent. Note: Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 96 of the Environmental Planning and Assessment Act 1979 for Council’s consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new development Application will have to be submitted to Council. Reason To confirm and clarify the terms of Council's approval.

Site Works 3. Excavations or filling against boundaries are to be adequately retained by retaining

walls where proposed. Reason To reduce the risk of damage to adjoining properties.

Access Arrangements 4. All access crossings and driveways shall be maintained in good order for the life of

the development.


Reason To ensure that a safe adequate all-weather access is available to the development.

Site Preparation Works 5. In respect to this approval “work” does not include site preparation activities such as

survey works, the erection of erosion and sedimentation control works, the erection of temporary structures such as a site compound or site access etc. These activities can be undertaken prior to any other requirement of this consent. Reason To clarify that site preparation works as outlined in the condition can commence immediately on-site before any other requirement.

Drainage and Flooding 6. Any overflow from the dams, detention basins or water storage facilities, is not to

concentrate water on any adjoining property. Reason To ensure that the proposed dam does not adversely affect adjoining properties.

Environmental Considerations 7. Should any Aboriginal cultural objects be uncovered due to the development

activities, all works must halt in the immediate area to prevent any further impact to the find or finds and the Department of Environment, Climate Change and Water (DECCW) shall be contacted and consulted for their requirements. A suitably qualified archaeologist and Aboriginal community representatives must be contacted to determine the significance of the find(s). The site is to be registered in the AHIMS (managed by DECCW) and the management outcome for the site included in the information provided to the AHIMS. It is recommended that the Aboriginal community representatives are consulted in developing and implementing management strategies for all sites, with all information required for informed consent being given to the representatives for this purpose. Reason To ensure any potential archaeological sites are not destroyed.

8. The registered proprietor of the land shall take all reasonable measures to ensure

that during the site works any hollow bearing trees are retained on-site where practicable. If any hollow bearing trees are removed, man made fauna boxes are to be installed within the retained vegetation in consultation with a suitably qualified ecologist. Reason To minimise the impact of development on native fauna in the locality.

Signage 9. No advertising structures, shall be erected and no advertising sign or material shall be

affixed or displayed on any building or land without the prior development approval of the Council. A separate application is to be lodged with Council for consideration on the prescribed form and with appropriate plans and supporting documentation.


Reason To ensure that the applicant is aware that Council approval is required prior to the erection of any advertising structure or display of any advertising sign.

Demolition 10. All demolition works are to be carried out in accordance with Australian Standard AS

2601-2001 “Demolition of Structures”, with all waste being removed from the site. Hazardous waste such as asbestos cement sheeting etc, being handled, conveyed and disposed of in accordance with guidelines and requirements from NSW WorkCover Authority. Disposal of asbestos material at Council’s Waste Depot requires prior arrangement for immediate land filling. Reason To ensure that all wastes including asbestos waste is handled and disposed of safely and in an appropriate manner.

11. Any asbestos linings shall be removed from the building and properly disposed of in

accordance with WorkCover Guidelines. Reason To ensure that potentially dangerous materials are removed from the building and property disposed of.

12. Prior to the commencement of any building or demolition works the applicant shall

engage the services of an Occupational Hygienist to undertake the following: - a. An audit of the building and associated demolition works to determine if there is any hazardous material present, which may include but not be limited to asbestos. b. Where such materials are identified the Occupational Hygienist, shall, in consultation with the owner of the property, interested parties and relevant government authorities, develop a work plan for the demolition and disposal of the hazardous material. c. The demolition and disposal work plan shall – i. Be developed in accordance with WorkCover authority requirements for the said demolition and/or associated work. ii. Be in accordance with the waste management authority requirements for the disposal of hazardous material. The work plan must be submitted to and approved by Council prior to the commencement of any works. Reason To ensure appropriate occupational health and environmental safety standards are in place relevant to the potential hazards.

13. Following completion of works approved, the Occupational Hygienist shall issue a

clearance Certificate for the subject property indicating that the property is suitable for reoccupation. Details shall be supplied to Council prior to the reoccupation of the subject property. Reason To ensure prescribed measures identified in the work plan have bee complied with and the subject land is suitable for human occupation.


PRIOR TO ISSUE OF THE CONSTRUCTION CERTIFICATE Fencing 14. Prior to the issue of the Construction Certificate, a fully detailed safety and security

fencing plan prepared by a suitably qualified person shall be submitted for approval to Council. The safety and security fencing plan shall include the following where relevant: - a. The plan shall indicate the location, height and setbacks of the fence; b. Black cyclone chain mesh fencing is to be placed around the perimeter of the

site where proposed; c. Existing perimeter fencing of the existing residential land adjoining the existing

and proposed golf course is to be retained; d. Any fencing proposed across any required floodway or overland flow path

shall be of an open mesh with an open area of not less than 80%.

The fencing must be designed and certified by a structural engineer for structural sufficiency to ensure stability in the site ground, winds etc. Reason To ensure appropriate security fencing is installed.

15. Any fencing proposed across a required floodway or overland flow path shall be of an

open mesh or rod style with an open area of not less than 80%. Details shall be submitted to and approved by Council or PCA prior to the release of the Construction Certificate for the earthworks. Reason To reduce the impact of the development on flood behaviour.

PRIOR TO COMMENCEMENT OF WORKS General 16. The applicant is to advise Council at least 48 hours prior to commencement of any

works on site or associated with the site, together with the approved contractor's name and address. Reason To enable orderly scheduling of inspections

17. Prior to commencement of works, a qualified ecologist shall inspect, supervise and

report to Council regarding the removal and relocation of any threatened fauna species, which in the opinion of the ecologist require such treatment. Reason To ensure any threatened fauna species are relocated adequately.

Drainage and Flooding 18. Any alterations to existing surface levels on the site shall be undertaken in such a

manner as to ensure that no additional surface water is drained onto or impounded on adjoining properties.


Reason To ensure that such alterations to surface levels do not disrupt existing stormwater flows in the vicinity and to avoid the likelihood of damage or nuisance to any other property.

Site Contamination Report 19. Should any contamination be disclosed through any works, the applicant shall cease

all site works within the vicinity of the contamination. The applicant shall then undertake a detailed site contamination investigation and remediation action plan for the contaminated area. The remediation action plan shall be submitted to Council for approval prior to the recommencement of works within this area. Reason To ensure that existing site contaminants are identified and adequately addressed as part of the overall development of the site.

20. Any fill that is utilised during any remediation process required as part of Condition 19

must be classified as VENM, ENM or suitable under a General Exemption in the Protection of the Environment Operations (Waste) Regulation 2005 or otherwise have been approved by the DECCW as a Specific Exemption under the Regulation. Reason To ensure the cell is filled with clean fill in accordance with the General Exemption in the Protection of the Environment Operations (Waste) Regulation 2005.

Site Works 21. A construction management plan shall be submitted to Council prior to the

commencement of the bulk earthworks on the golf course holes or any subdivisional works. The management plan shall include: - a) Details of sedimentation and erosion control b) Details of provision of truck and machinery wash down areas. Note: All trucks and machinery must be free from all foreign material where such material is likely to cause pollution. An area must be set aside for the cleaning of concrete agitator trucks. c) Details of dust mitigation on building sites and access roads d) Location and phone number of the site office e) Details regarding provision of areas set aside for the storage/stockpiling of: (i) Construction refuse (ii) Construction materials (iii) Raw materials such as sand, soil, mulch and the like (iv) Details regarding the provision of facilities for workers associated with the development. Note: All protection and control of earthworks shall be carried out in accordance with Council’s “Engineering Requirements for Development”, Department of Conservation and Land Management's 'Urban Erosion and Sediment Control’ requirements and the Department of Housing ‘Soil and Water Management for Urban Developments’. Reason To reduce the environmental impact on the site during the construction period.

22. An Earthworks Environmental Management Plan is to be submitted to Council prior to


the commencement of the bulk earthworks on the golf course holes or any subdivisional works. The plan is to outline details of any staging of the works to better manager environmental impacts; the type of material to be used; the compaction testing methods; the type of geotechnical supervision required; and an outline of the landfill and construction procedures to be adhered to too minimise any potential environmental impacts. The plan is to make provision for the following engineering work plans: a. Site management plan; b. Top soil management – nominate areas to be stripped, stockpiled and re- used; c. Construction management plan, including stockpiles, provision of facilities for workers, truck and machinery wash down areas, location and phone number of site office; d. Traffic management plan – shall include the proposed designated route between Mount View Road and the site entry for construction vehicles. The management plan shall consider road condition and shall document existing status including photos. Should it be disclosed that during and at the completion of works that there is damage to the road and/or infrastructure, rectification works by the proponent will be necessary to restore the road to the same standard prior to commencement of works. Any rectification works needs to be carried out prior to use of the site or release of the subdivision certificate. The road route shall be kept clean of any spoil, mud or debris from work site; e. Waste management plan, including the location of where the waste is to be stored, separated or treated on site and ongoing management of the plan; f. Water management plan, including water quality monitoring before, during and after construction and soil erosion and sediment control management; g. Noise and vibration management plan; h. Soil related impacts; i. Dust and odour management plan; j. Acid sulphate soils and salinity management plan; and k. Site rehabilitation and landscaping plan. Reason To reduce the environmental impact on the site during the construction period.

23. The applicant shall comply with Council’s requirements as set out in Council’s

“Engineering Requirements for Development“ document (available at Council’s officers). A Construction Certificate incorporating engineering plans are to be submitted to Council for approval by the Development Services Manager with the relevant application prior to commencement of works on-site or relevant to the development. The payment of the appropriate performance bonds in accordance with Council’s Fees and Charges will be necessary prior to approval and release of engineering plans with the Construction Certificate. Reason To provide appropriate design and standards of engineering works.

DURING DEMOLITION AND SITE WORKS General 24. The registered proprietor of the land shall be responsible for all costs incurred in the

necessary relocation of any services affected by the required construction works.


Council and other service authorities should be contacted for specific requirements prior to commencement of any works. Reason To ensure that any required alterations to utility infrastructure are undertaken to acceptable standards at the developer’s cost.

25. A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out: a) showing the name, address and telephone number of the Principal Certifying Authority for the work, and b) showing 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) stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, however must be removed when the work has been completed. Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

26. Toilet facilities are to be provided prior to works commencing, at or in the vicinity of

the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a sewage management facility approved by the NSW Department of Health and/or Council and operate in an environmentally responsible manner, free of nuisance or offence, and be appropriately serviced. Reasons To ensure that suitable and environmentally sustainable toilet facilities are provided for all persons employed or visiting the site. To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.

27. All demolition, site works and associated works shall be carried out only between the

times stated as follows:- Mondays to Fridays 7.00a.m. to 6.00p.m. Saturdays 8.00a.m. to 1.00p.m. Sundays & Public Holidays No site or associated works are to take place. Reason To ensure that the environmental quality of adjoining land is not adversely affected, such as by the generation of excessive noise levels.

28. If the work involved in the demolition of a building:-

(a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or (b) building involves the enclosure of a public place.


If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act 1979.

Site Works 29. The control of erosion and the prevention of silt discharge into drainage systems and

waterways will be necessary in accordance with Council’s “Engineering Requirements for Development”, Department of Conservation and Land Management's 'Urban Erosion and Sediment Control’ requirements and the Department of Housing ‘Soil and Water Management for Urban Developments’. Erosion control measures are to be implemented prior to the commencement of any earthworks and shall be maintained until satisfactory completion and restoration of site earthworks, including revegetation of all exposed areas. Reason To ensure protection of the environment by minimising erosion and sediment.

30. No obstruction is to be caused to Council's footpaths, roads and/or other public area

during construction of the development. No spoil, building materials, excavated or demolition material from the site shall be stored or deposited on the public road, footpath, public place or Council owned property, without prior approval of Council. Reason To ensure that construction activity does not interfere with the orderly use of public footpaths, roads or places, or Council owned property.

31. Filling shall not be placed on land in such a manner that surface water will be diverted

to adjoining land or that the natural flow from adjoining land is obstructed. Reason To ensure that site works do not result in water being diverted onto adjoining land.

32. All filling and construction works are to be undertaken in accordance with the

requirements outlined in the Earthworks Environmental Management Plan. The Earthworks Environmental Management Plan outlines the site management plan, construction management plan, traffic management plan, waste management plan, water management plan, noise and vibration management plan, soil related impacts, dust and odour management plan, acid sulphate soils and salinity management plan and site rehabilitation and landscaping plan that are to be implemented and adhered to during the works. The principal contractor is to familiarise themselves with the Earthworks


Environmental Management Plan and a copy of the document is to remain on site at all times. Reason To reduce the environmental impact on the site during the construction period.

33. Any fill placed as part of the proposed development shall be supervised by a suitably

qualified and experienced Geotechnical Engineer as required, as being placed in accordance with Council’s ‘Engineering Requirements for Development’ and AS 3798 ‘Guidelines on Earthworks for Commercial and Residential Developments’. Reason To ensure that fill is placed in accordance with relevant standards.

34. Any fill that is utilised during any construction or remediation process must be

classified as VENM, ENM or suitable under a General Exemption in the Protection of the Environment Operations (Waste) Regulation 2005 or otherwise have been approved by the DECCW as a Specific Exemption under the Regulation. Reason To ensure the cell is filled with clean fill in accordance with the General Exemption in the Protection of the Environment Operations (Waste) Regulation 2005.

35. All reasonable measures shall be taken to protect all other vegetation on the site from

damage during the site works. All useable trees and shrubs shall be salvaged for re-use, either in log form, or as woodchip mulch for erosion control or site rehabilitation. Reason To protect the landscape and scenic quality of the locality, to maintain ground surface stability and to ensure sensitive management of vegetation and other natural resources.

Disconnection of Services 36. If required, water, sewer and stormwater services shall be disconnected from the

town reticulation system and adequately sealed off by a Licensed Plumber. Reason To prevent future damage to infrastructure under the control of the Hunter Water Corporation or Council.

PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE AND US E OF FACILITY Demolition and Removal of Buildings 37. Any buildings or structures that are to be demolished or removed are to be done so

prior to release of the Occupation Certificate. Reason To ensure compliance with the provisions of the consent.

38. If any asbestos material is removed from the site, evidence of certified disposal shall

be provided to Council prior to issue of Occupation Certificate. Reason


To ensure that asbestos waste is disposed of in an appropriate manner. Fencing 39. Prior to the issue of the use of the golf course and issue of the Occupation Certificate,

the black cyclone chain mesh fencing around the perimeter of the new golf course holes on the land are to be installed in accordance with the safety and security fencing plan issued as part of the Construction Certificate. Reason To ensure appropriate security fencing is installed and appropriate fencing is installed in proximity to the major hit zones to limit the number of golf balls hitting existing residential development.

40. Prior to the use of the golf course or issue of the Occupation Certificate, any fencing

proposed across the required floodway or overland flow path shall be installed and comply with the details issued as part of the Construction Certificate. Reason To reduce the impact of the development on flood behaviour.

POST OCCUPATION OPERATIONAL REQUIREMENTS Works to be Completed and Certified 41. Prior to the use of the golf course the applicant shall provide Council with appropriate

certification to confirm that all of the construction works and associated development have been constructed in accordance with the provisions of the Development Consent. This is specifically required for Stage 2 works. Reason To ensure that the construction works have been constructed in accordance with the Development consent.

42. The excavated and/or filled areas of the site are to be stabilised and drained to

prevent scouring onto adjacent private or public property. The finished ground around the perimeter of the earthworks and filling is to be graded to prevent ponding of water and to ensure the free flow of water away from adjoining properties. Reason To reduce the risk of environmental and building damage.

43. Any retaining walls and associated drainage shall be installed and completed prior to

the issue of the use of the golf course. Reason To ensure that the earthworks and filling placed on land does not affect natural drainage.

Drainage and Flooding 44. The registered proprietor of the land shall submit a report and a works-as-executed

(WAE) drawing of the stormwater detention basin(s) and stormwater drainage systems. The WAE drawings shall be prepared by a registered surveyor and shall indicate the following as applicable:


a) invert levels of tanks, pits, pipes and orifice plates b) surface levels of pits and surrounding ground levels c) levels of spillways and surrounding kerb d) floor levels of buildings, including garages e) top of kerb levels at the front of the lot f) dimensions of stormwater basins and extent of inundation g) calculation of actual detention storage volume provided The plan shall be accompanied by a report from the designer stating the conformance or otherwise of the as constructed basins in relation to the approved design. The WAE plan and report shall be submitted to and approved by Council prior to the use of the golf course. Reason To ensure the stormwater detention system has been constructed in accordance with the design plans.

45. Prior to the use of the golf course a flood warning sign, depth indicators and reflective

guideposts in accordance with AS 1743, of durable material and permanently affixed and shall be located in a prominent location along the access. The sign shall advise the users that the access road may be subject to inundation during times of flood. Reason To ensure public safety for all users of the access road are aware of the potential flood hazard.

46. All drainage works required to be undertaken in accordance with this consent shall be

completed prior to use or occupation of the development. Reason To ensure that on site stormwater runoff is properly collected and conveyed to an appropriate drainage golf course.

47. The registered proprietor of the land shall prepare a Plan of Management for the on-

site stormwater detention facilities within the development. The Plan of Management shall set out all design and operational parameters for the detention facilities including design levels, hydrology and hydraulics, inspection and maintenance requirements, time intervals for such inspection and maintenance and the body, persons or prescribed authority responsible for these requirements. The plan shall be submitted to and approved by Council for approval prior to the use of the golf course or release of any Subdivision Certificate. Reason To ensure the on-going maintenance and operation of the on-site stormwater detention facilities in accordance with the approved design.

Section 88B Instruments 48. Prior to the use of the golf course or release of any subdivision certificate, the

registered proprietors of the whole of the land comprised in the development shall enter a positive covenant over all the land comprised in the development providing as follows: - a) The Vegetation Management Plan, Job Reference 23601, Dated 15


December 2009, Prepared by RPS Harper Somers O’Sullivan shall be adhered to for perpetuity; and b) Providing that the liability under the said Covenant will jointly and severally bind the registered proprietors of the land, and c) Providing that the Cessnock City Council (the prescribed Authority) will be the person entitled to release or modify the Covenant. All costs associated with the Covenant, including any legal costs payable by Council, are to be paid by the owner on whose behalf the applicant has lodged the application. Reason To ensure that the Vegetation Management Plan is complied with.

49. The Section 88B Instrument will be submitted to Council with all relevant signatures

and company seals (where applicable) prior to endorsement of the linen plan of subdivision and release of the subdivision certificate. Alternatively, Council will accept, at the discretion of the Development Services Manager, a copy of the Section 88B Instrument with an accompanying letter from the acting Solicitor or Surveyor giving an undertaking that the Section 88B Instrument will be signed and submitted as presented to Council, unaltered, to the Land Titles Officer for registration with the linen plan of subdivision. Reason To ensure the Section 88B Instrument is submitted to the Lands Titles Office in the same form as it is submitted to Council.

Signage 50. No advertising structure shall be erected and no advertising sign or material shall be

affixed or displayed on any building or land without the prior development approval of the Council. A separate application is to be lodged with Council on the prescribed form and with the appropriate plans and supporting documentation. Reason To ensure that the applicant is aware that Council approval is required prior to the erection of any advertising structure or display of any advertising sign.

ADVICE: 1. This consent does not authorise the clearing of land in contravention of any other Act

or instrument made under an Act concerned with soil erosion, protection of riverbank vegetation or catchment areas or the like or threatened species, populations or communities. Prior to any clearing of the subject land, the registered proprietor of the land shall obtain the any relevant approval required under the Native Vegetation Conservation Act, 1979, and/or the Threatened Species Conservation Act, 1995. Reason To ensure that the developer meets the requirements of any and all prescribed authorities associated with the development.

2. The applicant is to advise Council at least 48 hours prior to commencement of any

construction works on site or associated with the site, together with the approved contractor's name and address.


Reason To enable orderly scheduling of inspections

3. Where Council is the Principal Certifying Authority, the applicant shall pay

engineering site supervision fees in accordance with Council’s current fees and charges with the application for a Construction Certificate for the site. Initially, one (1) site visit only is expected for the proposal, however should further inspections become necessary as a result of incomplete works, then those site supervision fees will be separately invoiced. Council’s current engineering site supervision fee is $193. Reason To ensure that the developer meets all costs associated with the inspection of necessary works associated with the development.

STAGE 2 – GOLF HOLES 4-9 PRIOR TO COMMENCEMENT OF WORKS Controlled Activity Approvals 51. No work over any part of the site requiring a Controlled Activity Approval, Water

Supply Works Approval, and/or Water Access License under the Water Management Act 2000 until a copy of the relevant Approval has been issued by the NSW Office of Water has been provided to Council and the PCA. Reason To ensure that satisfactory arrangements have been made with the NSW Office of Water.

General 52. Prior to commencement of any works within any road reserve for the provision of

services, the applicant or their nominated contractor shall obtain a Section 138 Roads Act approval is required from Council prior to any construction commencing within the road reserve. Reinstatement of the road shall be to the satisfaction of Council prior to the use of the golf course. Reason To ensure the public road and footpath facilities are reinstated to an appropriate standard as a result of additional requirements of the development.

Access, Car Parking and Loading Arrangements 53. The registered proprietors of the land shall submit a report from a suitably qualified

and experienced Geotechnical Engineer on the construction of any water quality basins or dams. The report shall assess the adequacy of the basins or dams to be used for its nominated purposes including the retention of stormwater runoff and the ability to support the expected loads from the proposed future building or subdivisional works adjacent to the basins or dams. The report shall detail any works necessary to construct the basins or dams for their proposed use. This report shall be submitted to Council for approval prior to works commencing on-site within Stage 2.


Reason To ensure that a safe adequate all-weather access is available to the development.

Drainage and Flooding 54. A detailed drainage design for the disposal of surface water from the site, including

any natural runoff currently entering the property and connection to the existing drainage system in accordance with Council’s ‘Engineering Requirements for Development’ (available at Council’s offices). Such layout shall include existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the sites development. Details shall be submitted to the PCA prior to works commencing on-site for Stage 2 works. Reason To ensure that on site stormwater runoff is properly collected and conveyed to an appropriate drainage golf course.

55. The applicant shall show that the development will not increase the limits of upstream

and downstream flooding for floods over the range of 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm events by the inclusion of on-site stormwater detention controls. A detailed drainage design shall be prepared for the on-site detention controls and for the disposal of stormwater from the site, including any natural runoff currently entering the property. Details of on-site storage facilities together with the method of controlled release from the site and connection to an approved drainage system shall be designed in accordance with Council’s “Engineering Requirements for Development” is to be prepared and certified by a qualified civil engineer and submitted to the PCA before works commence on-site for stage 2. The detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics. Shall be submitted to Council or a Private Certifier for approval prior to commencement of the bulk earthworks. Note: Construction shall be completed prior to release of the Subdivision Certificate for Stage 2. Reason To ensure that the development is adequately drained and will not increase the flood hazard or flood damage to other properties or adversely affect flood behaviour.

56. The applicant shall submit a report to Council from a suitably qualified and

experienced engineer in respect of the proposed development, such report to verify that:- a) any damage to the proposed development sustained in a flood will not generate debris capable of causing damage to downstream buildings or property; b) the site structures will be able to withstand the force of flood waters (including buoyancy forces) and the impact of debris; c) all finishes, plant fittings and equipment subject to inundation will be of materials and functional capability resistant to the effects of flood waters. Note: The report shall be submitted to and approved by Council prior to works commencing on-site under Stage 2.


Reason To minimise the extent of property damage and the risk of injury in the event of flooding of the site.

57. The applicant shall prepare a design to provide conveyance of stormwater runoff

within suitable structures for all storm events from the 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm event. Any drainage for golf holes 4-9 need to be directed to either basin ’C’ and outlet via drainage towards Mavis and Lindsay Streets or alternatively conveyed to a basin in proximity to Mount View Road. Such works shall include provision for the containment of identified site discharges within a designated channel or bank alignment and have regard to the protection of those lots adjacent to the existing creek alignment which front Lindsay Street and Mavis Street. The construction of the conveyance system shall be required within the subject site with consideration to the transition of the existing creek alignment over adjoining or intervening lands to be incorporated within the design. The design shall be submitted to the Council for approval prior to works commencing on-site for Stage 2 works. Reason To ensure existing downstream flooding concerns of Lindsay Street and Mavis Street residential lots are addressed as part of the upstream catchment site regrading and bulk earthworks.

58. The registered proprietor of the land shall prepare a Water Quality Assessment and

Monitoring Programme based upon representative water samples throughout the site and prior to drainage outlets from the site being altered. Such water samples should be analysed for:- a. Suspended Solids b. Dissolved Oxygen c. B.O.D.’s sub 5 d. pH e. Salt Content (EC Unit) f. Total Nitrogen g. Total Phosphorous h. Chemicals used in the operation and maintenance of landscaping or golf course. The programme shall address existing water quality, identify the level of contaminants in relation to acceptable levels within Australian Standards, and propose remediation works to improve water quality throughout the site, nominate water quality targets and establish an ongoing maintenance and assessment programme for the implementation of the associated water quality assessment for the Oaks Golf Course. Assessment and maintenance reports shall be submitted to Council for approval on an annual basis to evaluate the effectiveness of the implementation of the associated water quality assessment for The Oaks Golf Course. Monitoring shall be in accordance with Australian & New Zealand Water Quality Guidelines for Fresh and Marine Waters (ANZECC 1992) or any other standard amending from time to time. Reason To improve onsite water quality and to reduce potential environmental impacts on


surrounding lands. 59. A complete water quality management plan is to be submitted, including details of the

water sensitive urban design elements to be incorporated; water quality predevelopment, during construction and post development testing and monitoring; in accordance with the current policies and standards. Consideration is to be given to the relevant items and parameters outlined in the following documents: * National Water Quality Management Strategy (NWQMS 1992) prepared by the Australian Government Department of the Environment, Water, Heritage and the Arts and the relevant guidelines in managing key elements of the water cycle. * Water Quality targets on line prepared by the Australian Government Department of the Environment, Water, Heritage and the Arts. * Wetlands prepared by the Australian Government Department of the Environment, Water, Heritage and the Arts. * The NSW Wetlands Management Policy (2000) prepared by the NSW Department of Land and Water Conservation * The NSW Groundwater Quality Protection Policy (1998) prepared by the NSW Department of Land and Water Conservation * NSW Water Conservation Strategy (2000) prepared by the NSW Department of Land and Water Conservation * The Australian and New Zealand water quality guidelines for fresh and marine waters (ANZECC 1992) * The NSW State Rivers and Estuaries Policy (1993) prepared by NSW Water Resources Council Reason To ensure that the development improves the water quality in vicinity of the existing and proposed on-site detention ponds.

POST OCCUPATION OPERATIONAL REQUIREMENTS Design Considerations 60. The applicant shall provide Council with a certificate of structural adequacy, prepared

by a Practising Structural Engineer, for the following works associated with the private access culvert and any road culvert crossing. a) reinforced concrete footings b) reinforced concrete base slab c) structural steelwork d) retaining walls e) drainage culvert details The certificate shall detail the relevant rules, standards, codes of practice, and publications used, and shall be submitted to the Accredited Certifier for consideration and approval prior to the use of the golf course. Reason To ensure that the proposed building, when constructed, will comply with the relevant Australian Standards and support all anticipated loads to be imposed on it.

STAGE 3 – 22 RESIDENTIAL LOTS AND ACCESS TO CLUBHOU SE


SUBDIVISION Access and Car Parking and Loading Arrangements 61. All access crossings and driveways shall be maintained in good order for the life of

the development. Reason To ensure that a safe adequate all-weather access is available to the development.

Development Contributions, Monetary Bonds and Dedication of Land 62. A final plan of survey, prepared by a Registered Surveyor, and seven (7) copies for

endorsement by Council are to be submitted with the application for a Subdivision Certificate. Reason To enable the linen plan to be legally made.

PRIOR TO COMMENCEMENT OF WORKS Controlled Activity Approvals 63. No work over any part of the site requiring a Controlled Activity Approval, Water

Supply Works Approval, and/or Water Access License under the Water Management Act 2000 until a copy of the relevant Approval has been issued by the NSW Office of Water has been provided to Council and the PCA. Reason To ensure that satisfactory arrangements have been made with the NSW Office of Water.

Site Works 64. Bulk earthworks plans, showing the general extent of excavation and/or filling

(contour depth of fill plans) together with details of the method of retaining, draining and stabilising the disturbed areas, construction details, the location of stockpiles, general notes, earthworks notes in accordance with Council’s Engineering Requirements for Development shall be prepared for each stage of the development by a relevant professionally qualified person, certified for construction purposes and submitted to the PCA prior to any civil works occurring on-site. Reason To determine that satisfactory arrangements have been made to reduce environmental damage.

65. Where any excavation or fill is to be retained by a retaining wall, the wall is to be

designed by a Practising Structural Engineer. The structural engineer’s design shall be submitted to and approved by the PCA as part of the release of the relevant construction certificate. Reason To ensure adequate provision is made to retain excavations and fill.


Drainage and Flooding 66. The applicant shall provide for a detention basin to accept stormwater flows from

developed lands and to provide on-site stormwater detention prior to discharging to the existing creek. The applicant shall show that the development will not increase the limits of upstream and downstream flooding for floods for the catchment over the range of 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm events by the inclusion of on-site stormwater detention controls. A detailed drainage design shall be prepared for the disposal of roof and surface water for the contributing catchment, including any natural runoff currently entering the catchment. Details of on-site storage and the method of controlled release from the site and connection to an approved drainage system in accordance with Council’s “Engineering Requirements for Development”. The detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development are to be prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics. Note: Construction shall be completed prior to release of the Subdivision Certificate for Stage 3 residential lots and access to the Golf Course Clubhouse. Reason To provide for future detention works to mitigate existing flood impacts on downstream properties, concurrently with the golf course construction and to minimise construction impacts on the golf course within the later stages of development.

Landscaping 67. Prior to any earthworks commencing on-site, a landscape plan prepared by a suitably

qualified person in accordance with the approved vegetation management plan, flora and fauna assessment and riparian condition assessment, shall be submitted for approval to the PCA . The landscape plan shall include the following where relevant:- * Utilising local provenance plans, in particular tree species characteristic of Lower Hunter Spotted Gum – Ironbark Forest (LHSGIF), Hunter Lowland Red- gum Forest and Swamp Oak Floodplain Forest, as well as understorey and ground cover species belonging to these vegetation communities; * planting detail; * vegetation to be retained, removed and proposed to be planted; * provision for any vegetation removed from site to be mulched and used in landscaping on site to ensure the soil seed bank is maintained; * species proposed should compliment existing vegetation found on site; * an overall landscaping strategy for the protection and enhancement of the riparian areas and remnant vegetation on-site; and * The plan shall detail the type of species, and the mature height and spread. Reason To ensure compliance with the approved Vegetation Management Plan and Flora and Fauna Report and Riparian Condition Assessment, Council’s requirements and that adequate and appropriate provision is made for landscaping of the site in association with the proposed development, to enhance the appearance of the golf course and to contribute to the overall landscape quality of the locality..

Access, Car Parking and Loading Arrangements


68. The Registered Proprietors of the land shall construct an intersection in accordance

with the recommendations of the submitted Traffic Impact Assessment of January 2010 at the junction of the internal access road to Stage 3 and Mount View Road. The intersection shall comprise: - a) A right turn storage lane; b) A left turn in deceleration lane; c) A left turn out merging taper; d) A combined bitumen sealed entry to the south of the subject site to cater for existing development. Such intersection shall comply with the requirements of Austroads Guide to Traffic Engineering Practice Pt 5 – Intersection. Reason To ensure an appropriate level of safety at the entry of the site.

DURING CONSTRUCTION General 69. The registered proprietor of the land shall be responsible for all costs incurred in the

necessary relocation of any services affected by the required construction works. Council and other service authorities should be contacted for specific requirements prior to commencement of any works. Reason To ensure that any required alterations to utility infrastructure are undertaken to acceptable standards at the developer’s cost.

70. Prior to commencement of any works within the road reserve for the provision of

services, the applicant or their nominated contractor shall obtain a road opening permit from Council’s Infrastructure Services Section. Reinstatement of the road shall be to the satisfaction of Council’s Infrastructure Services Manager prior to the issue of a Subdivision Certificate. Reason To ensure the public road and footpath facilities are reinstated to an appropriate standard as a result of additional requirements of the development.


waterways will be necessary in accordance with Council’s “Engineering Requirements for Development” and Landcom’s Soils and Construction Manual, April 2004. Erosion control measures are to be implemented prior to the commencement of any earthworks and shall be maintained until satisfactory completion and restoration of site earthworks, including revegetation of all exposed areas. Reason To ensure protection of the environment by minimising erosion and sediment.

PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE


General 72. The registered proprietors of the land shall provide evidence of satisfactory

arrangements having been made with electricity supply authority, telecommunications provider and the Hunter Water Corporation Ltd. in regard to any existing installations and proposed connections prior to the release of the Subdivision Certificate for the development. Reason To ensure that adequate electricity supply is provided and that the interests of the energy supply authority are protected.

73. Certification shall be submitted to Council by a Registered Surveyor, prior to

endorsement of the final plan of survey and release of the Subdivision Certificate that all services and drainage lines are wholly contained within each of the respective lots. Reason To ensure that all services are wholly contained within each new lot created.

74. Evidence shall be submitted to Council that the registered proprietors of the land on

whose behalf the application was made have complied with the requirements of Section 50 of the Hunter Water Board (Corporatisation) Act 1991. Such evidence shall be submitted Council prior to the release of the final plan of survey for the subdivision and the Subdivision Certificate. Reason To ensure compliance with the Hunter Water Corporation requirements for the supply of water and sewerage to the new lots created.

Development Contributions, Monetary Bonds and Dedication of Land 75. A monetary contribution is to be paid to Council, pursuant to Section 94 of the

Environmental Planning and Assessment Act, 1979 towards the provision of public amenities and public services in the contribution types below. CONTRIBUTION TYPE $ District Open Space $23,814 District Community Facilities (Halls) $14,595 District Community Facilities (Libraries) $3,885 District Community Facilities (Bushfire) $1,092 District Roads – Urban Areas $18,144 Studies (Plan Preparation) $1,365 Plan Administration $5,187 TOTAL $68,082 At this time the total contribution required is $68,082 and is to be paid prior to the release of the Subdivision Certificate. NOTE: i) A copy of the Residential Section 94 Contributions Plan may be inspected at Council’s Customer Services Section, Administrative Building, Vincent Street, Cessnock or can be accessed on Council’s Website:


www.cessnock.nsw.gov.au ii) The amount of contribution payable under this condition has been calculated at the date of consent. In accordance with the provisions of the Contributions Plan, this amount shall be indexed at the time of actual payment in accordance with the Consumer Price Index – All Groups – Sydney. Indexation of contributions for payment occurs quarterly, on the first working day of December, March, June and September Reason To assist the Council in meeting the expected increased demand for public facilities and services arising as a consequence of the proposed development, and to ensure that the real value of contributions is not deflated by price movements.

76. Payment of the subdivision endorsement fee is to be received prior to release of the

final plan of survey. Currently, this endorsement fee is $120 per lot. This fee is adjusted annually and the fee to be paid will be the applicable fee at the time of lodgement of the final plan of survey for endorsement and Subdivision Certificate application. Reason To ensure that the developer meets all costs associated with the release of the final plan of subdivision.

POST OCCUPATION OPERATIONAL REQUIREMENTS Access, Car Parking and Loading Arrangements 77. The registered proprietors of the land shall provide a temporary access road from the

termination of the public road in Stage 3 of the development to the Clubhouse lot. The access road shall be 7m wide with a 6m wide two (2) coat bitumen seal. The access road shall be constructed prior to the release of the Subdivision Certificate and where necessary shall be contained within a suitable easement for access over the residue lot. Reason To provide legal and physical access to the future Clubhouse lot.

78. The registered proprietors of the land shall prepare a hydraulic and structural design

for the proposed creek crossing within Stage 3 access road. Such creek crossing shall consider the following; a) Culvert sizing b) Assessment of culvert blockage, c) Stormwater overflow and velocity x depth product, d) Structural adequacy of the culvert structure, e) Pedestrian safety from flooding and safety barriers. Such design details shall be included within the Construction Certificate documentation which is to be submitted to Council for approval. Reason To ensure public safety in the use of the roads and footpaths.


STAGE 4 – HOTEL LOT AND 33 RESIDENTIAL LOTS HOTEL 79. A separate development application is to be lodged with Council for the new hotel for

consideration and determination on the prescribed form and with appropriate documentation. This application does not need to be lodged with Council prior to the issue of the Subdivision Certificate for Stage 4. Lot 434 shall comprise a minimum area of 7540m². Reason To ensure a development application is lodged with Council for consideration and determination of the future hotel.

SUBDIVISION Access and Car Parking and Loading Arrangements 80. All access crossings and driveways shall be maintained in good order for the life of




PRIOR TO COMMENCEMENT OF WORKS Site Works 82. Bulk earthworks plans, showing the general extent of excavation and/or filling

(contour depth of fill plans) together with details of the method of retaining, draining and stabilising the disturbed areas, construction details, the location of stockpiles, general notes, earthworks notes in accordance with the requirements of Council’s Engineering Requirements for Development shall be prepared for each stage of the development by a relevant professionally qualified person, certified for construction purposes and submitted to the PCA prior to any civil works occurring on-site. Reason To determine that satisfactory arrangements have been made to reduce environmental damage.





developed lands and to provide on-site stormwater detention prior to discharging to the existing creek. The applicant shall show that the development will not increase the limits of upstream and downstream flooding for floods for the catchment over the range of 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm events by the inclusion of on-site stormwater detention controls. A detailed drainage design shall be prepared for the disposal of roof and surface water for the contributing catchment, including any natural runoff currently entering the catchment. Details of on-site storage and the method of controlled release from the site and connection to an approved drainage system in accordance with Council’s “Engineering Requirements for Development”. The detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development are to be prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics. Note: Construction shall be completed prior to the issue of a Subdivision Certificate for Stage 4. Reason To provide for future detention works to mitigate existing flood impacts on downstream properties, concurrently with the golf course construction and to minimise construction impacts on the golf course within the later stages of development.


qualified person in accordance with the approved vegetation management plan, flora and fauna assessment and riparian condition assessment, shall be submitted for approval to the PCA . The landscape plan shall include the following where relevant:- * Utilising local provenance plans, in particular tree species characteristic of Lower Hunter Spotted Gum – Ironbark Forest (LHSGIF), Hunter Lowland Red- gum Forest and Swamp Oak Floodplain Forest, as well as understorey and ground cover species belonging to these vegetation communities; * planting detail; * vegetation to be retained, removed and proposed to be planted; * provision for any vegetation removed from site to be mulched and used in landscaping on site to ensure the soil seed bank is maintained; * species proposed should compliment existing vegetation found on site; * an overall landscaping strategy for the protection and enhancement of the riparian areas and remnant vegetation on-site; and * The plan shall detail the type of species, and the mature height and spread. Reason


To ensure compliance with the approved Vegetation Management Plan and Flora and Fauna Report and Riparian Condition Assessment, Council’s requirements and that adequate and appropriate provision is made for landscaping of the site in association with the proposed development, to enhance the appearance of the golf course and to contribute to the overall landscape quality of the locality..

Access, Car Parking and Loading Arrangements 86. The registered proprietor of the land shall remove the existing access road from the

area of land fronting Lindsay Street. The site shall be remediated and restored to the standard of a residential lot. All services shall be removed from the lot, unless contained within a suitable 88B instrument. Details of the remediation ‘and restoration’ requirements shall be included within the Construction Certificate documentation and shall be submitted to Council for approval. Reason To ensure the remaining excised land is capable of urban re-use.




services, the applicant or their nominated contractor shall obtain a road opening permit from Council’s Infrastructure Services Section. Reinstatement of the road shall be to the satisfaction of Council’s Infrastructure Services Manager prior to the issue of a Subdivision/Construction Certificate. Reason To ensure the public road and footpath facilities are reinstated to an appropriate standard as a result of additional requirements of the development.




PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE General 90. The registered proprietors of the land shall provide evidence of satisfactory







Environmental Planning and Assessment Act, 1979 towards the provision of public amenities and public services in the contribution types below. CONTRIBUTION TYPE $ District Open Space $37,422 District Community Facilities (Halls) $22,935 District Community Facilities (Libraries) $6,105 District Community Facilities (Bushfire) $1,716 District Roads – Urban Areas $28,512 Studies (Plan Preparation) $2,145 Plan Administration $8,151 TOTAL $106,986 At this time the total contribution required is $106,986 and is to be paid prior to the release of the Subdivision Certificate. NOTE: i) A copy of the Residential Section 94 Contributions Plan may be inspected at


Council’s Customer Services Section, Administrative Building, Vincent Street, Cessnock or can be accessed on Council’s Website: www.cessnock.nsw.gov.au ii) The amount of contribution payable under this condition has been calculated at the date of consent. In accordance with the provisions of the Contributions Plan, this amount shall be indexed at the time of actual payment in accordance with the Consumer Price Index – All Groups – Sydney. Indexation of contributions for payment occurs quarterly, on the first working day of December, March, June and September Reason To assist the Council in meeting the expected increased demand for public facilities and services arising as a consequence of the proposed development, and to ensure that the real value of contributions is not deflated by price movements.



STAGE 5 – 28 RESIDENTIAL LOTS SUBDIVISION Access and Car Parking and Loading Arrangements 95. All access crossings and driveways shall be maintained in good order for the life of





(contour depth of fill plans) together with details of the method of retaining, draining and stabilising the disturbed areas, construction details, the location of stockpiles,


general notes, earthworks notes in accordance with the requirements of Council’s Engineering Requirements for Development shall be prepared for each stage of the development by a relevant professionally qualified person, certified for construction purposes and submitted to the PCA prior to any civil works occurring on-site. Reason To determine that satisfactory arrangements have been made to reduce environmental damage.




developed lands and to provide on-site stormwater detention prior to discharging to the existing creek. The applicant shall show that the development will not increase the limits of upstream and downstream flooding for floods for the catchment over the range of 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm events by the inclusion of on-site stormwater detention controls. A detailed drainage design shall be prepared for the disposal of roof and surface water for the catchment, including any natural runoff currently entering the catchment. Details of on-site storage and the method of controlled release from the site and connection to an approved drainage system in accordance with Council’s “Engineering Requirements for Development”. The detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development are to be prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics. Note: Construction to be completed prior to the issue of the Subdivision Certificate for Stage 5 works. Reason To provide for future detention works to mitigate existing flood impacts on downstream properties, concurrently with the golf course construction and to minimise construction impacts on the golf course within the later stages of development.


qualified person in accordance with the approved vegetation management plan, flora and fauna assessment and riparian condition assessment, shall be submitted for approval to the PCA . The landscape plan shall include the following where relevant:- * Utilising local provenance plans, in particular tree species characteristic of Lower Hunter Spotted Gum – Ironbark Forest (LHSGIF), Hunter Lowland Red- gum Forest and Swamp Oak Floodplain Forest, as well as understorey and ground cover species belonging to these vegetation communities;


* planting detail; * vegetation to be retained, removed and proposed to be planted; * provision for any vegetation removed from site to be mulched and used in landscaping on site to ensure the soil seed bank is maintained; * species proposed should compliment existing vegetation found on site; * an overall landscaping strategy for the protection and enhancement of the riparian areas and remnant vegetation on-site; and * The plan shall detail the type of species, and the mature height and spread. Reason To ensure compliance with the approved Vegetation Management Plan and Flora and Fauna Report and Riparian Condition Assessment, Council’s requirements and that adequate and appropriate provision is made for landscaping of the site in association with the proposed development, to enhance the appearance of the golf course and to contribute to the overall landscape quality of the locality..







PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE General


104. The registered proprietors of the land shall provide evidence of satisfactory





“Engineering Requirements for Development” document (available at Council’s offices). A Construction Certificate incorporating engineering plans are to be submitted to Council for approval by the Development Services Manager with the relevant application prior to commencement of works on site or relative to the development. The payment of appropriate performance bonds in accordance with Council’s Fees and Charges will be necessary prior to approval and release of the engineering plans with the Construction Certificate. Reason To provide appropriate design and standards of engineering works.




Environmental Planning and Assessment Act, 1979 towards the provision of public amenities and public services in the contribution types below. CONTRIBUTION TYPE $ District Open Space $31,752 District Community Facilities (Halls) $19,460 District Community Facilities (Libraries) $5,180 District Community Facilities (Bushfire) $1,456 District Roads – Urban Areas $24,192 Studies (Plan Preparation) $1,820 Plan Administration $6,916


TOTAL $90,776 At this time the total contribution required is $90,776 and is to be paid prior to the release of the Subdivision Certificate. NOTE: i) A copy of the Residential Section 94 Contributions Plan may be inspected at Council’s Customer Services Section, Administrative Building, Vincent Street, Cessnock or can be accessed on Council’s Website: www.cessnock.nsw.gov.au ii) The amount of contribution payable under this condition has been calculated at the date of consent. In accordance with the provisions of the Contributions Plan, this amount shall be indexed at the time of actual payment in accordance with the Consumer Price Index – All Groups – Sydney. Indexation of contributions for payment occurs quarterly, on the first working day of December, March, June and September Reason To assist the Council in meeting the expected increased demand for public facilities and services arising as a consequence of the proposed development, and to ensure that the real value of contributions is not deflated by price movements.








112. The applicant shall comply with Council’s requirements as set out in Council’s “Engineering Requirements for Development” document (available at Council’s offices). A Construction Certificate incorporating engineering plans are to be submitted to Council for approval by the Development Services Manager with the relevant application prior to commencement of works on site or relative to the development. The payment of appropriate performance bonds in accordance with Council’s Fees and Charges will be necessary prior to approval and release of engineering plans with the Construction Certificate. Reason To provide appropriate design and standards of engineering works.






developed lands and to provide on-site stormwater detention prior to discharging to the existing creek. The applicant shall show that the development will not increase the limits of upstream and downstream flooding for floods for the catchment over the range of 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm events by the inclusion of on-site stormwater detention controls. A detailed drainage design shall be prepared for the disposal of roof and surface water for the catchment, including any natural runoff currently entering the catchment. Details of on-site storage and the method of controlled release from the site and connection to an approved drainage system in accordance with Council’s “Engineering Requirements for Development”. The detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development are to be prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics.


Note: Construction shall be completed prior to release of the Subdivision Certificate for Stage 6 works. Reason To provide for future detention works to mitigate existing flood impacts on downstream properties, concurrently with the golf course construction and to minimise construction impacts on the golf course within the later stages of development.


qualified person in accordance with the approved vegetation management plan, flora and fauna assessment and riparian condition assessment, shall be submitted for approval to the PCA . The landscape plan shall include the following where relevant:- * Utilising local provenance plans, in particular tree species characteristic of Lower Hunter Spotted Gum – Ironbark Forest (LHSGIF), Hunter Lowland Red- gum Forest and Swamp Oak Floodplain Forest, as well as understorey and ground cover species belonging to these vegetation communities; * planting detail; * vegetation to be retained, removed and proposed to be planted; * provision for any vegetation removed from site to be mulched and used in landscaping on site to ensure the soil seed bank is maintained; * species proposed should compliment existing vegetation found on site; * an overall landscaping strategy for the protection and enhancement of the riparian areas and remnant vegetation on-site; and * The plan shall detail the type of species, and the mature height and spread. Reason To ensure compliance with the approved Vegetation Management Plan and Flora and Fauna Report and Riparian Condition Assessment, Council’s requirements and that adequate and appropriate provision is made for landscaping of the site in association with the proposed development, to enhance the appearance of the golf course and to contribute to the overall landscape quality of the locality..




services, the applicant or their nominated contractor shall obtain a road opening permit from Council’s Infrastructure Services Section. Reinstatement of the road shall be to the satisfaction of Council’s Infrastructure Services Manager prior to the issue of a Subdivision Certificate.


Reason To ensure the public road and footpath facilities are reinstated to an appropriate standard as a result of additional requirements of the development.










Environmental Planning and Assessment Act, 1979 towards the provision of public amenities and public services in the contribution types below. CONTRIBUTION TYPE $


District Open Space $35,154 District Community Facilities (Halls) $21,545 District Community Facilities (Libraries) $5,735 District Community Facilities (Bushfire) $1,612 District Roads – Urban Areas $26,784 Studies (Plan Preparation) $2,015 Plan Administration $7,657 TOTAL $100,502 At this time the total contribution required is $100,502 and is to be paid prior to the release of the Subdivision Certificate. NOTE: i) A copy of the Residential Section 94 Contributions Plan may be inspected at Council’s Customer Services Section, Administrative Building, Vincent Street, Cessnock or can be accessed on Council’s Website: www.cessnock.nsw.gov.au ii) The amount of contribution payable under this condition has been calculated at the date of consent. In accordance with the provisions of the Contributions Plan, this amount shall be indexed at the time of actual payment in accordance with the Consumer Price Index – All Groups – Sydney. Indexation of contributions for payment occurs quarterly, on the first working day of December, March, June and September Reason To assist the Council in meeting the expected increased demand for public facilities and services arising as a consequence of the proposed development, and to ensure that the real value of contributions is not deflated by price movements.



STAGE 7 – NEW CLUBHOUSE, CAR PARK AND PUTTING GREEN CLUBHOUSE, CAR PARK & PUTTING GREEN 125. A separate development application/s is to be lodged with Council for the new

clubhouse for consideration and determination on the prescribed form and with appropriate documentation. This application does not need to be lodged with Council prior to the issue of the Subdivision Certificate for Stage 7. Reason To ensure to ensure the future clubhouse, car park and putting green comply with the relevant legislation and requirements.


Access and Car Parking and Loading Arrangements 126. All access crossings and driveways shall be maintained in good order for the life of





“Engineering Requirements for Development” document (available at Council’s offices). A Construction Certificate incorporating engineering plans are to be submitted to Council for approval by the Development Services Manager with the relevant application prior to commencement of works on site or relative to the development. The payment of appropriate performance bonds in accordance with Council’s Fees and Charges will be necessary prior to approval and release of engineering plans with the Construction Certificate. Reason To provide appropriate design and standards of engineering works.





Drainage and Flooding


131. The applicant shall provide for a detention basin to accept stormwater flows from

developed lands and to provide on-site stormwater detention prior to discharging to the existing creek. The applicant shall show that the development will not increase the limits of upstream and downstream flooding for floods for the catchment over the range of 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm events by the inclusion of on-site stormwater detention controls. A detailed drainage design shall be prepared for the disposal of roof and surface water for the catchment, including any natural runoff currently entering the catchment. Details of on-site storage and the method of controlled release from the site and connection to an approved drainage system in accordance with Council’s “Engineering Requirements for Development”. The detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development are to be prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics. Note: Construction shall be completed prior to release of a Subdivision Certificate for Stage 7 works. Reason To provide for future detention works to mitigate existing flood impacts on downstream properties, concurrently with the golf course construction and to minimise construction impacts on the golf course within the later stages of development.


qualified person in accordance with the approved vegetation management plan, flora and fauna assessment and riparian condition assessment, shall be submitted for approval to the PCA . The landscape plan shall include the following where relevant:-

• Utilising local provenance plans, in particular tree species characteristic of

Lower Hunter Spotted Gum – Ironbark Forest (LHSGIF), Hunter Lowland Red-gum Forest and Swamp Oak Floodplain Forest, as well as understorey and ground cover species belonging to these vegetation communities;

• planting detail; • vegetation to be retained, removed and proposed to be planted; • provision for any vegetation removed from site to be mulched and used in

landscaping on site to ensure the soil seed bank is maintained; • species proposed should compliment existing vegetation found on site; • an overall landscaping strategy for the protection and enhancement of the

riparian areas and remnant vegetation on-site; and • The plan shall detail the type of species, and the mature height and spread.

Reason To ensure compliance with the approved Vegetation Management Plan and Flora and Fauna Report and Riparian Condition Assessment, Council’s requirements and that adequate and appropriate provision is made for landscaping of the site in association with the proposed development, to enhance the appearance of the golf course and to contribute to the overall landscape quality of the locality..

Access, Car Parking and Loading Arrangements


133. The Registered Proprietors of the land shall construct a bitumen sealed access

crossing from the edge of the road formation to the property boundary. The construction of the access crossing shall be in accordance with Council’s ‘Engineering Requirements for Development’ (available at Council’s offices). The access crossing shall comply with SD 6 of Council’s ‘Engineering Requirements for Development.’ Full details, including a profile, shall be submitted to and approved by Council prior to release of the construction certificate. Reason To ensure the provision of safe, adequately defined and properly constructed means of vehicular access from the road to the development.














Development Contributions, Monetary Bonds and Dedication of Land 140. Payment of the subdivision endorsement fee is to be received prior to release of the





endorsement by Council are to be submitted with the application for a Subdivision


Certificate. Reason To enable the linen plan to be legally made.


“Engineering Requirements for Development” document (available at Council’s offices). A Construction Certificate incorporating engineering plans are to be submitted to Council for approval by the Development Services Manager with the relevant application prior to commencement of works on site or relative to the development. The payment of appropriate performance bonds in accordance with Council’s Fees and Charges will be necessary prior to approval and release of engineering plans with the Construction Certificate. Reason To provide appropriate design and standards of engineering works.






developed lands and to provide on-site stormwater detention prior to discharging to the existing creek. The applicant shall show that the development will not increase the limits of upstream and downstream flooding for floods for the catchment over the range of 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm events by the inclusion of on-site stormwater detention controls. A detailed drainage design shall be prepared for the disposal of roof and surface water for the catchment, including any natural runoff currently entering the catchment. Details of on-site storage and the method of controlled release from the site and connection to an approved drainage system in accordance with Council’s “Engineering Requirements for Development”. The detailed plans, specifications and copies of the calculations, including existing


and proposed surface levels, sub-catchments and conduit sizing appropriate for the development are to be prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics. Note: Construction shall be completed prior to the issue of a Subdivision Certificate for Stage 8 works. Reason To provide for future detention works to mitigate existing flood impacts on downstream properties, concurrently with the golf course construction and to minimise construction impacts on the golf course within the later stages of development.


qualified person in accordance with the approved vegetation management plan, flora and fauna assessment and riparian condition assessment, shall be submitted for approval to the PCA . The landscape plan shall include the following where relevant: -

• Utilising local provenance plans, in particular tree species characteristic of

Lower Hunter Spotted Gum – Ironbark Forest (LHSGIF), Hunter Lowland Red-gum Forest and Swamp Oak Floodplain Forest, as well as understorey and ground cover species belonging to these vegetation communities;

• planting detail; • vegetation to be retained, removed and proposed to be planted; • provision for any vegetation removed from site to be mulched and used in

landscaping on site to ensure the soil seed bank is maintained; • species proposed should compliment existing vegetation found on site; • an overall landscaping strategy for the protection and enhancement of the

riparian areas and remnant vegetation on-site; and • The plan shall detail the type of species, and the mature height and spread.

Reason To ensure compliance with the approved Vegetation Management Plan and Flora and Fauna Report and Riparian Condition Assessment, Council’s requirements and that adequate and appropriate provision is made for landscaping of the site in association with the proposed development, to enhance the appearance of the golf course and to contribute to the overall landscape quality of the locality..

Access, Car Parking and Loading Arrangements 148. The Registered Proprietors of the land shall construct a bitumen sealed access

crossing from the edge of the road formation to the property boundary. The construction of the access crossing shall be in accordance with Council’s ‘Engineering Requirements for Development’ (available at Council’s offices). The access crossing shall comply with SD 6 of Council’s ‘Engineering Requirements for Development.’ Full details, including a profile, shall be submitted to and approved by Council prior to release of the construction certificate. Reason To ensure the provision of safe, adequately defined and properly constructed means of vehicular access from the road to the development.





services, the applicant or their nominated contractor shall obtain a road opening permit from Council’s Infrastructure Services Section. Reinstatement of the road shall be to the satisfaction of Council’s Infrastructure Services Manager prior to the issue of a Subdivision Certificate. Reason To ensure the public road and footpath facilities are reinstated to an appropriate standard as a result of additional requirements of the development.






endorsement of the final plan of survey and release of the Subdivision Certificate that all services and drainage lines are wholly contained within each of the respective lots.


Reason To ensure that all services are wholly contained within each new lot created.




Environmental Planning and Assessment Act, 1979 towards the provision of public amenities and public services in the contribution types below. CONTRIBUTION TYPE $ District Open Space $9,072 District Community Facilities (Halls) $5,560 District Community Facilities (Libraries) $1,480 District Community Facilities (Bushfire) $416 District Roads – Urban Areas $6,912 Studies (Plan Preparation) $520 Plan Administration $1,976 TOTAL $25,936 At this time the total contribution required is $25,936 and is to be paid prior to the release of the Subdivision Certificate. NOTE: i) A copy of the Residential Section 94 Contributions Plan may be inspected at Council’s Customer Services Section, Administrative Building, Vincent Street, Cessnock or can be accessed on Council’s Website: www.cessnock.nsw.gov.au ii) The amount of contribution payable under this condition has been calculated at the date of consent. In accordance with the provisions of the Contributions Plan, this amount shall be indexed at the time of actual payment in accordance with the Consumer Price Index – All Groups – Sydney. Indexation of contributions for payment occurs quarterly, on the first working day of December, March, June and September Reason To assist the Council in meeting the expected increased demand for public facilities and services arising as a consequence of the proposed development, and to ensure that the real value of contributions is not deflated by price movements.


final plan of survey. Currently, this endorsement fee is $120 per lot. This fee is adjusted annually and the fee to be paid will be the applicable fee at the time of


lodgement of the final plan of survey for endorsement and Subdivision Certificate application. Reason To ensure that the developer meets all costs associated with the release of the final plan of subdivision.

SCHEDULE 2

Integrated Approvals

NSW Rural Fire Service General Terms of Approval

Rural Fires Act 1997 General Conditions 1. Development on proposed Lots 519 and 520 shall not occur until such time as the

future residential development to the west has commenced and the hazard entirely removed.

Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. 2. Water, electricity and gas are to comply with section 4.1.3 of 'Planning for Bush Fire

Protection 2006'. Access The intent of measures for public roads is to provide safe operational access to structures and water supply for emergency services, while residents are seeking to evacuate from an area. 3. Public road access shall comply with section 4.1.3 (1) of 'Planning for Bush Fire

Protection 2006'. General Advice - consent authority to note This approval is for the subdivision of the land only. Any further development application for class 1,2 & 3 buildings as identified by the 'Building Code of Australia' must be subject to separate application under section 79BA of the EP & A Act and address the requirements of 'Planning for Bush Fire Protection 2006'.

NSW Office of Water General Terms of Approval

Water Management Act 2000 Standard 1. The General Terms of Approval (GTAs) relate to the above development within the

proposed development site.


2. The GTAs do not constitute an approval under the Water Management Act 2000 (WMA).

3. If the consent authority determines to grant consent, the GTAs are to form part of the development consent.

4. Any amendments to the development application may void these GTAs. 5. The consent holder must submit to the NSW Office of Water (NOW), a completed

application form for a water supply works approval prior to the commencement of any development/works for new or modified dams or ponds that propose to capture more rainfall runoff than the harvestable right associated with the development.

6. The application for a water supply works approval is subject to the assessment provisions of the Water Management Act 2000, which may take up to 6 months to assess, including public advertisement of the proposal. The consent holder must not construct any water supply works until approval is obtained by NOW.

7. The consent holder must obtain a water access licence to extract water from a water source if the volume of water to be extracted is in excess of the harvestable rights provisions for the development prior to extracting any water from a water source.

8. Works approval applications are required to accord with the GTAs. Works Approval Application 9. The consent holder must provide the following with the works approval application:

(a) A copy of the development consent (b) Appropriate fee (to be determined once DA is granted)

Relevant Plans and Documents 10. The approval holder must ensure that development I works are completed in

accordance with the following drawings and I or documents: (a) "The Oaks Golf and Country Club Water Management Plan" Draft Report dated 4 June 2010.

Works 11. The approval holder must not allow any tail water or drainage water to discharge, by

any means including surface or sub-surface drains or pipes, from the approval holders property, into or onto:- - any adjoining public or crown road - any other persons land - any crown land - any river, creek or watercourse - any groundwater aquifer - any area of native vegetation as described in the Native Vegetation Conservation Act 1997 or the Native Vegetation Act 2003. - any wetlands of environmental significance - any identified site of aboriginal significance - any identified site of cultural significance

12. The holder of the approval must not construct or install works used for conveying,

distributing or storing water taken by means of the approved work that obstruct the reasonable passage of floodwaters other than that water that is to be impounded or obstructed.

13. The holder of the approval must construct and maintain the approved work in a safe

and proper manner that will minimise the possibility of damage being occasioned by it, or resulting from it to any public or private interest.

14. The approval holder must install, to the satisfaction of NOW in respect of location, type

and construction, an appliance(s) to measure the quantity of water extracted from the works. The appliance(s) is to consist of either a measuring weir(s) with automatic


recorder, meter(s) or means of measurement approved by NOW. 15. The approval holder must ensure that the appliance(s) is maintained in good working

order and condition. 16. The approval holder must ensure that a record of all water extracted from the works is

kept and supplied to NOW upon request. 17. If and when called upon to do so by NOW the approval holder will construct through the

dam a pipe with a diameter of not less than 50 millimetres fitted with a stop valve or other control device to the satisfaction of the said Department. The level of the invert of the said pipe must be fixed at not higher than 0.5 metres above the bed of the watercourse or, alternatively, the approval holder must provide a 50 millimetre diameter pipe siphon or other approved device for passing flows through the storage of the dam.

18. Subject to condition 15, when a flow is entering the storage of a dam the pipe referred

to in condition 15 must be operated so as to maintain a flow in the watercourse downstream of the said dam equivalent to the flow entering the storage of the dam for the time being or the capacity of the said pipe, whichever is the lesser.

Advisory Notes 1. For the purpose of the GTAs, the term 'consent holder' refers to the applicant for the

integrated development application. . 2. A works approval will not give the holder the right to use and occupy any land without

the consent of the registered owner/s of the property. 3. A works approval will not relieve the approval holder of any obligations or requirements

of any other acts, regulations, planning instruments or Australian standards.

Department of Environment, Climate Change and Water General Terms of Approval

National Parks and Wildlife Act 1974 1. The applicant shall apply for an Aboriginal Heritage Impact Permit in accordance with

the National Parks & Wildlife Act 1974 (NPW Act), prior to disturbing, damaging or destroying Aboriginal objects that occur on the land which is the subject of the development application.

2. The applicant shall finalise the covenant over the Keeping Place within the land which

is the subject of the development application, or negotiate a suitable outcome and apply for a Care and Control Permit with the local Aboriginal groups, which must be lodged along with any application for an Aboriginal Heritage Impact Permit (issued under the NPW Act). The applicant must provide evidence of the support, or otherwise, of all registered Aboriginal stakeholder groups with any application for a Care and Control Permit.

3. An Aboriginal Heritage Management Plan (AHMP) is to be developed by the applicant

in consultation with the local Aboriginal groups if a Keeping Place is established. The applicant will liaise with DECCW to ensure the AHMP meets DECCW's requirements. All works within the Keeping Place area shall be conducted in accordance with the Aboriginal Heritage Management Plan. The Aboriginal Heritage Management Plan shall be reviewed, and updated as required, annually to ensure that strategies for managing Aboriginal sites within the Keeping Place are in accordance with best practices. Matters to be considered in the AHMP include, but are not necessarily limited to:


• Bushfire management; • Fencing of sites; • Location and protection of salvaged Aboriginal objects under Section 87 or

Section 90 AHIPs; • Signage and interpretation; • A commitment to ensuring the protection of this area in perpetuity; and • Any other relevant matter.

4. If human remains are located during the project, all works must halt in the immediate

area to prevent any further impacts to the remains. The NSW Police, the Aboriginal community and DECCW are to be notified. If the remains are found to of Aboriginal origin and the police consider the site not an investigation site for criminal activities, DECCW should be contacted and notified of the situation and works are not to resume in the designated area until approval in writing is provided by DECCW. In the event that a criminal investigation ensues, works are not to resume in the designated area until approval in writing is provided by the NSW Police and DECCW.

5. If Aboriginal cultural objects are uncovered due to the development activities, all works

must halt in the immediate area to prevent any further impacts to the object(s). A suitably qualified archaeologist and Aboriginal community representatives must be contacted to determine the significance of the object(s). The site is to be registered in the AHIMS (managed by DECCW) and the management outcome for the site included in the information provided to the AHIMS. The applicant shall consult with the Aboriginal community representatives in developing and implementing management strategies for all sites.

6. The applicant must continue to consult with, and involve, Aboriginal representatives in

the ongoing management of the Aboriginal cultural heritage values. 7. An Aboriginal Cultural Education program must be developed for the induction of

personnel and contractors involved in the construction activities on site. The program should be developed in collaboration with the Aboriginal community, and a register of trained personnel kept for the duration of the development process.

CARRIED UNANIMOUSLY



PPEE9/2010.DOC

SUBJECT: DEVELOPMENT APPLICATION 8/2010/104/1 - SINGLE STOREY DWELLING AND DETACHED GARAGE - LOT 723, DP 1007602, MOUNT VIEW ROAD, MILLFIELD

MOTION Moved: Alison McCabe Seconded: Tim Rogers PP18 RESOLVED 1. That the development Application No. 8/2010/104/1 f or a single storey dwelling

and detached garage on Lot 723 DP 1007602, Mount Vi ew Road Millfield be DEFERRED.

2. That the applicant be advised that the plans submit ted with the application are not of a satisfactory standard to properly consider the application for approval.

3. That the applicant be requested to submit amended p lans to scale, include a dimensioned site plan that:

a) Identifies the building location with reference to dimensions from the boundary, and area and dimensions between buildings;

b) Reorientates the dwelling to properly consider s olar access; c) Are drafted to proved an appropriate level of de tail to ensure consistency

between the DA and the Construction Certificate. P lans should be fully dimensioned and include details of external finishe s.

4. That on submission of the amended plans, Council st aff prepare a supplementary report for consideration by the Panel by circulation

FOR AGAINST Mr Vince Berkhout Mr Tim Rogers Ms Alison McCabe Total (3) Total (0)

CARRIED UNANIMOUSLY



PPEE10/2010.DOC

SUBJECT: DEVELOPMENT APPLICATION 8/2010/105/1 - SINGLE STOREY DWELLING AND DETACHED GARAGE - LOT 724, DP 1007602, MOUNT VIEW ROAD, MILLFIELD

MOTION Moved: Alison McCabe Seconded: Tim Rogers PP19 RESOLVED 1. That the development Application No. 8/2010/105/1 f or a single storey dwelling

and detached garage on Lot 724 DP 1007602, Mount Vi ew Road Millfield be DEFERRED.

2. That the applicant be advised that the plans submit ted with the application are not of a satisfactory standard to properly consider the application for approval.

3. That the applicant be requested to submit amende d plans to scale, include a dimensioned site plan that:

a) Identifies the building location with reference to dimensions from the boundary, and area and dimensions between buildings;

b) Reorientates the dwelling to properly consider s olar access; c) Are drafted to proved an appropriate level of de tail to ensure consistency

between the DA and the Construction Certificate. P lans should be fully dimensioned and include details of external finishe s.

4. That on submission of the amended plans, Council st aff prepare a supplementary report for consideration by the Panel by circulation


CARRIED UNANIMOUSLY



PPEE11/2010.DOC

SUBJECT: DEVELOPMENT APPLICATION 8/2010/348/1 - MULTIUNIT DEVELOPMENT THREE (3) SINGLE STOREY UNITS - 5 LYELL STREET, CESSNOCK

MOTION Moved: Vince Berkhout Seconded: Alison McCabe PP20 RESOLVED That the Development Application No. 8/2010/348/1 f or three single storey units on Lot 21 Sec H DP 9252, 5 Lyell Street, Cessnock be deter mined pursuant to S80 of the Environmental Planning and Assessment Act 1979 by t he granting of consent subject to the roof of the patio of unit 1 being changed to a pergola that is open to the sky and in accordance with the conditions at the end of the report.

STANDARD CONDITIONS

SCHEDULE 1 TERMS OF CONSENT General 1 The erection of a building in accordance with this development consent shall not be

commenced until:- (a) detailed plans and specifications of the building verifying compliance with the Building Code of Australia have been endorsed with a construction certificate by:- (i) the Cessnock City Council; or (ii) an accredited certifier, and (b) the person having the benefit of the development consent:- (i) has appointed a principal certifying authority, (being Cessnock City Council or an accredited certifier) and (ii) has notified Council of the appointment, and (c) the person having the benefit of the development consent has given at least 2 days notice to the Council of their intention to commence erection of the building. Reason To clarify and advise the applicant that a Construction Certificate must be issued prior to works commencing as required by the Environmental Planning and Assessment Act 1979 (as amended).

2 The proposed development shall be carried out strictly in accordance with the details

set out on the application form, and Plans prepared by:


ACM Landmark Plans 1-4 Drawg No 1076-A101 Rev B and any other information submitted in support of the application, except as modified in red or by the conditions of this consent. Note : Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 96 of the Environmental Planning and Assessment Act 1979 for Council’s consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new development Application will have to be submitted to Council. Reason To confirm and clarify the terms of Council's approval.

3 All building work must be carried out in accordance with the requirements of the

Building Code of Australia (BCA). Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

4 Residential building work within the meaning of the Home Building Act 1989 must not

be carried out unless the Principal Certifying Authority for the development to which the work relates:- (a) in the case of work for which a principal contractor has been appointed: (i) has been informed in writing of the name and licence number of the principal contractor, and (ii) where required has submitted an insurance certificate with the name of the insurer by which the work is insured under Part 6 of that Act, (b) in the case of work to be done by an owner-builder: (i) has been informed in writing of the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, has submitted a copy of the owner builder permit. If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause 1 of this condition becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development has been given written notice of the updated information. Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

5 Excavations or filling against boundaries are to be adequately retained by retaining

walls. Reason To reduce the risk of damage to adjoining properties.

6 Development shall be undertaken strictly in accordance with all commitments


specified in the current BASIX Certificate. Reason Compliance with the Environmental Planning and Assessment Regulation 2000.

Access, Carparking and Loading Arrangements 7 All access crossings and driveways shall be maintained in good order for the life of


8 The proposed visitor parking bay shall be clearly indicated by means of signs and/or

pavement markings for the life of the development. Reason To encourage the use of the proposed on-site car parking facilities and thereby minimise kerbside parking in the adjacent public road as a result of the proposed development.

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE General 9 Fencing details to be submitted to and approved by the P.C.A. prior to release of the

Construction Certificate. No ‘colorbond’ fencing or other forms of sheet metal fencing to be constructed along the site’s southern or eastern boundaries where the fencing is to be 1.8 metre high lapped palling fencing or similar solid fencing (tapering down to 1.2 metres where the southern boundary fencing is within 4.5 metres of the front boundary. Colourbond may be used along the northern boundary of the site where it cannot be seen from public view. Reason To ensure compliance with Council’s fencing requirements as contained in the Cessnock DCP.

10 The excavation/fill is to be retained by a retaining wall designed by a Practising

Structural Engineer. The structural engineer’s design shall be submitted to and approved by the P.C.A. prior to issue of the Construction Certificate. Reason To ensure adequate provision is made to retain excavations and fill.

Access, Car parking and Loading Arrangements 11 On-site car parking shall be provided for a minimum of six (6) vehicles and such being

set out generally in accordance with Council's D.C.P. Full details shall be submitted to and approved by the P.C.A. prior to release of the Construction Certificate for the building(s). Reason To ensure that adequate provision has been made for manoeuvring and parking of vehicles within the development or on the land, to meet the expected demand


generated by the development. 12 All driveways, access corridors and car parking areas are to be designed in

accordance with AS2890.1 & 2 - Parking Facilities. The driveways and car parking areas shall be constructed with reinforced concrete, graded and drained in accordance with Council’s ‘Engineering Requirements for Development’. To ensure adequate sight distance the maximum height of any front fence or side fence between the Lyell Street road reserve and building setback is to be 1.2m high. Reason To ensure the orderly and efficient use of on-site parking facilities and ensure that adequate provision is made on-site for the loading and unloading of goods.

Drainage and Flooding 13 A detailed drainage design for the disposal of roof and surface water from the site,

including any natural runoff currently entering the property and connection to the existing drainage system in accordance with Council’s ‘Engineering Requirements for Development’. Such layout shall include existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development. Pit No.’s 4, 5, 6, 7, 8 and 9 are to be a minimum of 450mm square pits. The stormwater pipeline joining these pits is to be a minimum of 150mm dia. Full details shall be submitted to and approved by the P.C.A. prior to release of the Construction Certificate for the building/s. Reason To ensure that on site stormwater runoff is properly collected and conveyed to an appropriate drainage facility.

14 Any alterations to existing surface levels on the site shall be undertaken in such a

manner as to ensure that no additional surface water is drained onto or impounded on adjoining properties. Full details of existing and proposed surface levels shall be submitted to and approved by the P.C.A. prior to release of the Construction Certificate for the building/s. Reason To ensure that such alterations to surface levels do not disrupt existing stormwater flows in the vicinity.

15 The registered proprietor of the land is to provide a stormwater detention facility within

the boundaries of the site to reduce the peak stormwater discharge from the developed lot to that of the peak stormwater discharged from the undeveloped lot for all storm events from the 1 in 1 year to the 1 in 100 year Average Recurrence Interval (ARI) storm event. A detailed drainage design shall be prepared for the disposal of roof and surface water from the site, including any natural runoff currently entering the property. Details of on-site storage and the method of controlled release from the site and connection to an approved drainage system in accordance with Council’s ‘Engineering Requirements for Development’. The detailed plans, specifications and copies of the calculations, including existing and proposed surface levels, sub-catchments and conduit sizing appropriate for the development prepared by an engineer suitably qualified and experienced in the field of hydrology and hydraulics. Full details shall be submitted to and approved by the P.C.A. prior to release of the Construction Certificate Note : Construction shall be completed prior to the release of the Occupation


Certificate. Reason To ensure that the development is adequately drained and will not increase the flood hazard or flood damage to other properties or adversely affect flood behaviour.

Fees, Development Contributions, Monetary Bonds, Dedication of Land 16 A monetary contribution is to be paid to Council, pursuant to Section 94 of the

Environmental Planning and Assessment Act, 1979 towards the provision of public amenities and public services in the contribution types below. CONTRIBUTION TYPE $ District Open Space 2,035 District Community Facilities (Halls) 1,245 Distict Community Facilities (Libraries) 334 District Community Facilities (Bushfire) 94 District Roads – Urban Areas 1,550 Studies (Plan Preparation) 117 Plan Administration 445 At this time the total contribution required is $8,820.00 and is to be paid prior to the release of the Construction Certificate. NOTE: i) A copy of the Residential Section 94 Contributions Plan may be inspected at Council’s Customer Services Section, Administrative Building, Vincent Street, Cessnock or can be accessed on Council’s Website: www.cessnock.nsw.gov.au ii) The amount of contribution payable under this condition has been calculated at the date of consent. In accordance with the provisions of the Contributions Plan, this amount shall be indexed at the time of actual payment in accordance with the Consumer Price Index – All Groups – Sydney. Indexation of contributions for payment occurs quarterly, on the first working day of December, March, June and September Reason To assist the Council in meeting the expected increased demand for public facilities and services arising as a consequence of the proposed development, and to ensure that the real value of contributions is not deflated by price movements.

DURING CONSTRUCTION General 17 If the soil conditions require it:-

(a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and (b) adequate provision must be made for drainage. Reason


To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.

18 If the excavation associated with the erection or demolition of a building extends

below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:- (a) must preserve and protect the building from damage, and (b) if necessary, must underpin and support the building in an approved manner, and (c) must, at least seven (7) days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished. The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out for the purposes of this clause, whether carried out on the allotment of land being excavated or on the adjoining allotment of land. In this clause, allotment of land includes a public road and any other public place. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.

19 If the work involved in the erection or demolition of a building:-

(a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or (b) building involves the enclosure of a public place, If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Any such hoarding, fence or awning is to be removed when the work has been completed. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.

20 A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out: (a) showing the name, address and telephone number of the Principal Certifying Authority for the work, and (b) showing 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) stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, however must be removed when the work has been completed. Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

21 All demolition works are to be carried out in accordance with a waste management

plan, prepared in accordance with Councils Waste Not Chapter in the Cessnock DCP 2006 approved by the Certifying Authority and Australian Standard AS 2601-2001 “Demolition of Structures”, with all waste being removed from the site. Hazardous waste such as asbestos cement sheeting etc, being handled, conveyed and disposed of in accordance with guidelines and requirements from NSW Workcover Authority. Disposal of asbestos material at Council’s Waste Depot requires prior arrangement for immediate landfilling. Reason To ensure that all wastes including asbestos waste is handled and disposed of safely and in an appropriate manner.

22 Construction, demolition and associated work shall be carried out only between the

times stated as follows:- Mondays to Fridays 7.00a.m. to 6.00p.m. Saturdays 8.00a.m. to 1.00p.m. Sundays & Public Holidays No construction work to take place. Reason To ensure that the environmental quality of adjoining land is not adversely affected, such as by the generation of excessive noise levels.

23 A container of at least one (1) cubic metre capacity shall be provided and maintained

from the commencement of operations until the completion of the building for the reception and storage of waste generated by the construction of the building and associated waste. Reason To ensure that waste generated by the building works is contained and does not pollute the surrounding environment.

24 The registered proprietor of the land shall be responsible for all costs incurred in the


Site Works


25 The control of erosion and the prevention of silt discharge into drainage systems and waterways will be necessary in accordance with Council’s “Engineering Requirements for Development”, Department of Conservation and Land Management's 'Urban Erosion and Sediment Control’ requirements and the Department of Housing ‘Soil and Water Management for Urban Developments’. Erosion control measures are to be implemented prior to the commencement of any earthworks and shall be maintained until satisfactory completion and restoration of site earthworks, including revegetation of all exposed areas. Reason To ensure protection of the environment by minimising erosion and sediment.

26 Filling shall not be placed in such a manner that natural drainage from adjoining land

will be obstructed. Reason To ensure that filling placed on land does not affect natural drainage.

27 Filling shall not be placed on land in such a manner that surface water will be diverted

to adjoining land. Reason To ensure that site works do not result in water being diverted onto adjoining land.

PRIOR TO ISSUE OF OCCUPATION General 28 Occupation or use of premises for the purposes approved by this consent shall not

commence until all conditions of this consent have been complied with and the Occupation Certificate has been issued. Reason To ensure compliance with the provisions of the Environmental Planning and Assessment Act, 1979, and Council's terms of consent.

29 All fences shall be constructed in accordance with the details indicated on the

stamped and approved plans, except as required to be modified under the terms of this consent. The fences shall be erected prior use or occupation of the building. This will be carried out at the cost of the applicant. Reason To ensure that security, privacy and amenity of adjoining properties is not diminished as a consequence of the development.

30 Evidence shall be submitted to Council that the registered proprietors of the land on

whose behalf the application was made have complied with the requirements of Section 50 of the Hunter Water Board (Corporation) Act 1991. Such evidence shall be submitted to the P.C.A. prior to the release of the Occupation Certificate. Reason To ensure compliance with the Hunter Water Corporation requirements for the supply of water and sewerage to the new dwellings created.


31 The applicant shall submit to Council evidence that the requirements of the Energy

Supplier, the Hunter Water Corporation and telecommunications authorities have been met in regard to the provision of services provided by those authorities to the development. Such evidence shall be submitted to and approved by the P.C.A. prior to the release of the Occupation Certificate. Reason To ensure that adequate services are provided to each new dwelling created.

Access, Car parking and Loading Arrangements 32 The Registered Proprietors shall construct a 3m wide concrete vehicle access

crossing from Lyell Court to the property boundary in accordance with Council’s “Engineering Requirements for Development” and AS 2890.1. A s138 Roads Act approval is required from Council prior to any construction commencing within the road reserve. The access crossing is required to be constructed prior to the issue of the Occupation Certificate. Reason To ensure that a safe adequate all-weather access is available to the development.

Drainage 33 The registered proprietor of the land shall submit a report and a works-as-executed

(WAE) drawing of the stormwater detention basin(s) and stormwater drainage system. The WAE drawings shall be prepared by a registered surveyor and shall indicate the following as applicable: * invert levels of tanks, pits, pipes and orifice plates * surface levels of pits and surrounding ground levels * levels of spillways and surrounding kerb * floor levels of buildings, including garages * top of kerb levels at the front of the lot * dimensions of stormwater basins and extent of inundation * calculation of actual detention storage volume provided The plan shall be accompanied by a report from the designer stating the conformance or otherwise of the as constructed basins in relation to the approved design. The WAE plan and report shall be submitted to and approved by the P.C.A prior to the issue of the Occupation Certificate. Reason To ensure the stormwater detention system has been constructed in accordance with the design plans.

34 The registered proprietor of the land shall prepare a Plan of Management for the on-

site stormwater detention facilities within the development. The Plan of Management shall set out all design and operational parameters for the detention facilities including design levels, hydrology and hydraulics, inspection and maintenance requirements and time intervals for such inspection and maintenance. The plan shall be submitted to and approved by the P.C.A. for approval prior to the issue of an Occupation Certificate. Reason


To ensure the on-going maintenance and operation of the on-site stormwater detention facilities in accordance with the approved design.

ADVICE

1 Construction of the crossing will require inspections to be undertaken by Council and the applicant shall pay Council an Engineering site supervision fee of $388.00 in accordance with Council’s current fees and charges, prior to the inspections being undertaken. This fee will facilitate up to two (2) inspections. However, should further inspections become necessary as a result of unsatisfactory works, additional inspection fees will be required ($194.00 per inspection). The applicant is to advise Council at least 48 hours prior to inspections of works within the footpath and/or road reserve. Reason To ensure the provision of safe, adequately defined and properly constructed means of vehicular access from the road to the development

2. If Council is the P.C.A. then the applicant shall pay Detention Basin(s) engineering

checking and site supervision fees in accordance with Council’s adopted fees and charges prior to release of a Construction Certificate for the site. Council’s current fee is $810.00 per basin for basins less than 50m3. Final fee amounts will be levied on accurate dimensions contained within the engineering plans and in accordance with Council’s adopted fees and charges current at the time of payment. Reason To ensure that the developer meets all costs associated with the approval of engineering plans and the inspection of detention basin works associated with the development.

3. The applicant is to advise Council at least 48 hours prior to commencement of any

construction works within the road reserve together with the approved contractor's name and address. Reason To enable orderly scheduling of inspections


CARRIED UNANIMOUSLY



PPEE12/2010.DOC

SUBJECT: DEVELOPMENT APPLICATION 8/2008/381/1 - RURAL DWELLING - 136 POKOLBIN MOUNTAINS ROAD, POKOLBIN

MOTION Moved: Tim Rogers Seconded: Alison McCabe PP21 RESOLVED That the Development Application No. 8/2008/381/1 f or a rural dwelling on Lot 1 DP 1133588 and Part Lot 202 DP 755252 136 Pokolbin Mou ntains Road Pokolbin be determined pursuant to S80 of the Environmental Pla nning and Assessment Act 1979 by the granting of consent subject to the condition s at the end of the report.

STANDARD CONDITIONS

SCHEDULE 1 TERMS OF CONSENT General 1. The erection of a building in accordance with this development consent shall not be

commenced until:- (a) detailed plans and specifications of the building verifying compliance with the Building Code of Australia have been endorsed with a construction certificate by:- (i) the Cessnock City Council; or (ii) an accredited certifier, and (b) the person having the benefit of the development consent:- (i) has appointed a principal certifying authority, (being Cessnock City Council or an accredited certifier) and (ii) has notified Council of the appointment, and (c) the person having the benefit of the development consent has given at least 2 days notice to the Council of their intention to commence erection of the building. Reason To clarify and advise the applicant that a Construction Certificate must be issued prior to works commencing as required by the Environmental Planning and Assessment Act 1979 (as amended).

2. The proposed development shall be carried out strictly in accordance with the details

set out on the application form, and the Plans titled “Proposed dwelling” dated 14/03/2008, Dawson Vu pages 1-5, the Statement of Environmental Effects dated April 2008, the Onsite Wastewater Management Assessment dated September 2010


and any other information submitted in support of the application, except as modified by the conditions of this consent. Note : Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 96 of the Environmental Planning and Assessment Act 1979 for Council’s consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new development Application will have to be submitted to Council. Reason To confirm and clarify the terms of Council's approval.

3. As specified within the On-Site Wastewater Management Assessment Report dated

September 2010 by Martens Consulting Engineers the maximum number of rooms identified or capable of being used as bedrooms shall be limited to four (4) with a maximum number of permanent occupants being six (6) persons. Reason To ensure that wastewater from the development is capable of being disposed of in accordance with Environmental Health Protection Guidelines and AS/NZS 1547-2000.

4. The proposed development shall be carried out strictly in accordance with the details

set out on the application form, and the Plans titled “Proposed dwelling” dated 14/03/2008, Dawson Vu pages 1-5, the Statement of Environmental Effects dated April 2008, the Onsite Wastewater Management Assessment dated September 2010 and any other information submitted in support of the application, except as modified by the conditions of this consent. Note : Any proposal to modify the terms or conditions of this consent, whilst still maintaining substantially the same development to that approved, will require the submission of a formal application under Section 96 of the Environmental Planning and Assessment Act 1979 for Council’s consideration. If amendments to the design result in the development not remaining substantially the same as that approved by this consent, a new development Application will have to be submitted to Council. Reason To confirm and clarify the terms of Council's approval

5. All building work must be carried out in accordance with the requirements of the

Building Code of Australia (BCA). Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

6. Residential building work within the meaning of the Home Building Act 1989 must not

be carried out unless the Principal Certifying Authority for the development to which the work relates:- a) in the case of work for which a principal contractor has been appointed: (i) has been informed in writing of the name and licence number of the principal contractor, and (ii) where required has submitted an insurance certificate with the


name of the insurer by which the work is insured under Part 6 of that Act, b) in the case of work to be done by an owner-builder: (i) has been informed in writing of the name of the owner-builder, and (ii) if the owner-builder is required to hold an owner-builder permit under that Act, has submitted a copy of the owner builder permit. If arrangements for doing the residential building work are changed while the work is in progress so that the information notified under subclause 1 of this condition becomes out of date, further work must not be carried out unless the Principal Certifying Authority for the development has been given written notice of the updated information.

Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

Design Considerations/Building Setbacks 7. Building materials and painting or other external finishes shall be of dark natural tones

with low reflective quality, or such other treatment as may be appropriate to ensure that the buildings are not intrusive in the rural setting. Reason To minimise the visual impact of building and structures in the landscape.

Building Construction 8. Development shall be undertaken strictly in accordance with all commitments

specified in the current BASIX Certificate. Reason Compliance with the Environmental Planning and Assessment Regulation 2000.

Access, Carparking and Loading Arrangements 9. All access crossings and driveways shall be maintained in good order for the life of


PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE Effluent Disposal 10. Application shall be made to Council under Section 68 of the Local Government Act

1993 to Install an Effluent Disposal System (Septic Tank Application). The application shall be accompanied by the required documentation, as specified


under Clause 26 of the Local Government (General) Regulation 2005. The design of the onsite sewage management system shall be in accordance with the Environmental Health Protection Guidelines, AS/NZS 1547-2000 and the On-Site Wastewater Management Assessment Report dated September 2010 by Martens Consulting Engineers. The Section 68 application shall be considered and approved by Council prior to the release of a Construction Certificate for the development. Reason Legislative requirement under Local Government Act 1993.

Design Considerations/Building Setbacks 11. A schedule of external finishes shall be submitted to and approved by Council prior to

release of the Construction Certificate for the building/s. Reason To ensure that the nature and colour of external materials and finishes meet Council’s requirements.

Access, Carparking and Loading Arrangements 12. The Registered Proprietors of the land shall construct a gravel access crossing from

the edge of the road formation to the property boundary. The construction of the access crossing shall be in accordance with Council’s ‘Engineering Requirements for Development’ (in particular Standard Drawing SD13) and Australian Standard 2890.1 & 2 with respect to location, size and type of driveway. Full details shall be submitted to and approved by Council prior to release of the Construction Certificate for the building(s). Reason To ensure the provision of safe, adequately defined and properly constructed means of vehicular access from the road to the development.

13. The registered proprietors shall construct an all-weather access road within the right

of carriageway and from the property boundary to the proposed development site to minimum 4m wide, 100mm thick compacted gravel standard with a 1m wide cleared verge on each side of the road and passing bays every 200m. The maximum grades should not exceed 15%. All works shall be in accordance with Council’s ‘Engineering Requirements for Development’ Pt 4.5.13 (available at Council offices) and NSW Rural Fire Service ‘Planning for Bushfire Protection. Full details shall be submitted to and approved by Council prior to release of the Construction Certificate for the building(s). Reason To ensure the provision of safe, adequately defined and properly constructed means of vehicular access from the road to the development.

DURING CONSTRUCTION General 14. If the soil conditions require it:-


a) retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and b) adequate provision must be made for drainage. Reason To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.

15. A sign must be erected in a prominent position on any site on which building work,

subdivision work or demolition work is being carried out: a) showing the name, address and telephone number of the Principal Certifying Authority for the work, and b) showing 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) stating that unauthorised entry to the work site is prohibited. Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, however must be removed when the work has been completed. Reason This is a prescribed condition under Section 80A(11) of the Environmental Planning and Assessment Act, 1979.

16. Toilet facilities are to be provided prior to works commencing, at or in the vicinity of

the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site. Each toilet provided must be a sewage management facility approved by the NSW Department of Health and/or Council and operate in an environmentally responsible manner, free of nuisance or offence, and be appropriately serviced. Reasons To ensure that suitable and environmentally sustainable toilet facilities are provided for all persons employed or visiting the site. To ensure that the development, when constructed, will comply with the Environmental Planning and Assessment Act, 1979.

17. The registered proprietor of the land shall be responsible for all costs incurred in the


Building Construction 18. All excavations and backfilling associated with the erection or demolition of a building

must be executed safely and in accordance with the appropriate professional standards.


Reason To ensure that all excavations on the site are maintained in a safe condition.


waterways will be necessary in accordance with Council’s “Engineering Requirements for Development”, and Landcom’s Soils and Construction Manual - April 2004. Erosion control measures are to be implemented prior to the commencement of any earthworks and shall be maintained until satisfactory completion and restoration of site earthworks, including revegetation of all exposed areas. Reason To ensure protection of the environment by minimising water pollution, erosion and sedimentation.

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE General 20. The land subject of this application and forming an existing holding (Lot 1 DP

1133588 and Part Lot 202 DP 755252) shall be consolidated into one (1) allotment prior to the release of the occupation certificate for the approved dwelling. Reason To ensure compliance with Clause 11B of the Cessnock Local Environmental Plan 1989.

21. Occupation or use of premises for the purposes approved by this consent shall not

commence until all conditions of this consent have been complied with and the Occupation Certificate has been issued. Reason To ensure compliance with the provisions of the Environmental Planning and Assessment Act, 1979, and Council's terms of consent.

Building Construction 22. The excavated and/or filled areas of the site are to be stabilised and drained to

prevent scouring onto adjacent private or public property. The finished ground around the perimeter of the building is to be graded to prevent ponding of water and to ensure the free flow of water away from the building and adjoining properties. Reason To reduce the risk of environmental and building damage.

Scheduling of Inspections 23. Prior to commencement of any works within the road reserve, the applicant or their

nominated contractor shall obtain a Roads Act Approval (S138) from Council. Reinstatement of the road and footway shall be to the satisfaction of Council’s Infrastructure Manager prior to the issue of the Occupation Certificate. Reason To ensure public safety for road users.


Bushfire Management 24. Asset Protection Zone

The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting fire fighting activities. 1. At the commencement of building works and in perpetuity the property around

the asset shall be managed as follows:

a. At the commencement of building works the property around the building to a distance of 40 metres, shall be maintained as an inner protection area (IPA) as outlined within section 4.1.3 and appendix 5 of Planning for Bush Fire Protection 2006 and the NSW Rural Fire Service’s document ‘Standards for asset protection zones’.

Water and Utilities The intent of measures is to provide adequate services of water for the protection of buildings during and after the passage of a bush fire, and to locate gas and electricity so as not to contribute to the risk of fire to a building. 2. Water, electricity and gas are to comply with section 4.1.3 of Planning for

Bush Fire Protection 2006.

a. In recognition that a reticulated water supply does not exist, a 5000 litre static water supply and tank (non-combustible or shielded from the threat) shall be provided for fire fighting purposes.

b. An RFS standard 65mm metal Storz outlet with a gate or ball valve shall be provided.

c. Pumps where provided, to supply water for fire suppression activities, shall be a minimum 5hp or 3kW and petrol or diesel powered.

d. A 19mm hose capable of reach all parts of the perimeter of the building shall also be supplied.

Access The intent of measure for property access is to provide safe access to/from the public road system for firefighters providing property protection during a bush fire and for occupants faced with evacuation. To achieve this, the following conditions shall apply:

e. Property access roads shall comply with the following requirements of section 4.1.3 (2) of Planning for Bush Fire Protection 2006.

Design and Construction 3. New construction is to comply with Appendix 3 –Site Bush Fire Attack

Assessment of Planning for Bush Fire Protection 2006. In this regard the following design standards for construction are to be incorporated into the development:

a. New construction on the Eastern elevation and roof shall comply with

Australian Standard AS3959-2009 ‘Construction of buildings in bush fire-prone areas’ BAL 19. The remaining elevations shall comply with Australian Standard AS3959-2009 ‘Construction of buildings in bush


fire-prone areas’ BAL 12.5. b. Roofing shall be gutterless of have leafless guttering and valleys are to

be screened, to prevent build up of flammable material. Any materials used shall have a Flammability Index no greater than 5.

c. External doors are to be sealed with draft excluders to prevent the entry of embers.

d. Vents and weepholes shall be screened with corrosive resistant steel with an aperture not greater than 2.0mm.

Landscaping

e. Landscaping to the site is to comply with the principles of Appendix 5 of Planning for Bush Fire Protection 2006.

Effluent Disposal 25. Prior to the use of the premises for the purposes approved by this consent and prior

to the issue of an Occupation Certificate a satisfactory final inspection report from the Council must be received by the Principal Certifying Authority (PCA) verifying the associated onsite waste water disposal system has been supplied and installed in accordance with the approval under Section 68 of the Local Government Act 1993. Reason To ensure the associated onsite waste water disposal system has been supplied and installed in accordance with the approval prior to occupation.

ADVICE 1. Where Council is the Principal Certifying Authority, the applicant shall pay

engineering site supervision fees in accordance with Council’s current fees and charges with the application for a Construction Certificate for the site. Initially, one (1) site visit only is expected for the proposal, however should further inspections become necessary as a result of incomplete works, then those site supervision fees will be separately invoiced. Council’s current engineering site supervision fee is $194. Reason To ensure that the developer meets all costs associated with the inspection of necessary works associated with the development.


CARRIED UNANIMOUSLY


GENERAL BUSINESS

NIL

PANEL INSPECTIONS

NIL The Meeting Was Declared Closed at 4.25pm