DEVELOPMENT ASSESSMENT REPORT – DA252/16 - PROPOSED WASTE TRANSFER STATION, Lot 1 DP 165694,

TARANA NSW 2787

1. PROPOSAL

Council is in receipt of a Development Application DA252/16 from Council’s Environment Department for a waste transfer station on land known as Lot 1 DP 165694, Tarana.

The proposal involves a block retaining wall, the installation of skip bins and the construction of an all-weather roof over the bins. There is existing bitumen that will

be extended to create a drive thru area. The property contains an area of 365m2 and currently contains existing waste

disposal bins. The current use of the property will be retained with the infrastructure being upgraded. The property is shown in the picture below:

The bins are proposed to be removed from the property and replaced on a regular weekly basis.

The property is vacant of building structures and vegetation. The property adjoins the Great Western Railway Line to the north and the Rural Fire Service Shed to the south. The property is located within the Tarana Village with a relatively flat

topography. Access to the development is to be via Sodwalls Road/Mutton Falls Road. Refer to the map showing the location of the property below:

2. SUMMARY

To assess and recommend determination of DA252/16. with recommendation for approval subject to conditions.

3. LOCATION OF THE PROPOSAL Legal Description: Lot 1 DP 165694

Property Address: TARANA NSW 2787

4. ZONING: The land is zoned RU5 Village in accordance with Council's current

planning instrument, being Lithgow Local Environmental Plan (LEP) 2014.

5. PERMISSIBILITY: The development being a ‘waste transfer station’, as

defined below and is permissible under Lithgow Local Environmental Plan 2014,

subject to development consent and as per the Infrastructure State Environmental Planning Policy (SEPP) Division 121(c)ii. The SEPP is outlined later in this report. waste or resource transfer station means a building or place used for the collection and transfer of waste material or resources, including the receipt, sorting, compacting, temporary storage and distribution of waste or resources and the loading or unloading of waste or resources onto or from road or rail transport. Note. Waste or resource transfer stations are a type of waste or resource management facility—see the definition of that term in this Dictionary. waste or resource management facility means any of the following: (a) a resource recovery facility, (b) a waste disposal facility, (c) a waste or resource transfer station, (d) a building or place that is a combination of any of the things referred to in paragraphs (a)–(c).

5.1 POLICY IMPLICATIONS (OTHER THAN DCP’s)

Policy 7.5 Notification Of Development Applications This policy applies to all applications as below:

5. Who will be notified under this Policy and how long is the notification period? 5.1 Except for specified types of development outlined in 6.3 below, written notice of a development application will be given to landowners adjoining the Lithgow City Council Policy 7.5 – Notification of Development Applications land on which the development is proposed for a period of 14 calendar days. For the purposes of this policy adjoining land is land that directly abuts the subject site; shares a common boundary; or is situated directly opposite to the site where separated by a road, pathway or driveway.

Therefore the proposal was notified to surrounding landowners and placed on display

for a period of 14 days. During the notification period no submissions were received by the general public.

Policy 7.6 Development Applications By Councillors And Staff Or On Council Owned Land

1. That, subject to the exemptions in Part 2 of this Policy, any development application lodged where the applicant is a Councillor or a member of staff, or where a Councillor or member of staff is the owner of the land to which the application relates, or where the development application on Council owned land, that such an application be referred to Council for consideration and determination. Given that Council is the applicant, the proposal is reported to Council for determination.

5.2 FINANCIAL IMPLICATIONS (eg Section 94)

Section 94A Development Contributions Plan 2015 Council’s Section 94A Development Contributions Plan 2015 states:

C7 Are there any exemptions to the levy? Other development exempted from the levy The following types of development or components of development will also be exempted from a levy under this Plan: g) Development by or on behalf of Lithgow City Council;

As such no contributions are applicable to the development.

5.3 LEGAL IMPLICATIONS

Protection of the Environment Operations Act 1997 This Act does not apply nor does the development require an EPA licence or GPA under Schedule 1 of the Act- 42 Waste storage, as the development is under the

restricted tonnage amount required for a licence. Environmental Planning and Assessment Act 1979

In determining a development application, a consent authority is required to take into consideration the matters of relevance under Section 79C of the Environmental Planning and Assessment Act 1979. These matters for consideration are as follows:

5.3.1 Any Environmental Planning Instruments Lithgow Local Environmental Plan 2014

LEP 2014 – Compliance Check

Clause Compliance

Land Use table RU5 Village Yes

7.5 Groundwater vulnerability Yes

7.10 Essential Services Yes

Comment: The development is considered to comply with the objectives of the

zone. The zone objectives are:

1 Objectives of zone • To provide for a range of land uses, services and facilities that are associated with a rural village. • To maintain and enhance the unique character of each of the rural villages. • To encourage and promote opportunities for population and local employment growth commensurate with available services and infrastructure capacity. • To minimise the impact of non-residential uses and ensure those uses are compatible with surrounding residential development. • To maintain or improve the water quality of receiving water catchments. The development is proposed to provide a service within the Tarana village. The

Tarana village contains a hotel, residential dwellings and rural properties. The development is proposed to adjoin the Great Western Railway Line and the Rural Fire Service Shed. As such the character of the Tarana village would be maintained. The

development is not expected to impact the existing services in the area as the development is relatively minor in nature. Overhead power lines and underground telecommunication cables are located on the property. Water quality would be maintained and not be impacted upon as the development involves minimal impact

to soil for the construction of a shelter and block retaining wall. The development complies with Clause 7.10 as there is suitable vehicular access to

the property from Sodwalls Road/Mutton Falls Road. The property is identified as containing ground water vulnerability. Groundwater

dependent ecosystems would not be impacted upon by the development as the landscape of the property is proposed to remain. The development is designed, sited and will be managed to avoid any significant adverse environmental impact. Water

vulnerability is mapped below:

The land is deemed suitable for the proposal and is considered to comply with

Council’s LEP 2014. State Environmental Planning Policy No 33—Hazardous and Offensive Development

SEPP 33 – Compliance Check

Clause Compliance

3 Definitions of “potentially hazardous industry” and “potentially offensive industry”

Yes

Comment: The development is defined as being a potential offensive industry as defined by the SEPP below:

potentially offensive industry means a development for the purposes of an industry which, if the development were to operate without employing any measures (including, for example, isolation from existing or likely future development on other

land) to reduce or minimise its impact in the locality or on the existing or likely future development on other land, would emit a polluting discharge (including for example, noise) in a manner which would have a significant adverse impact in the locality or on the existing or likely future development on other land, and includes an offensive industry and an offensive storage establishment. The property currently contains existing waste disposal bins. The current use of the property will be retained with the infrastructure being upgraded. The development is

expected to minimise odour, noise and dust impacts. The current facility involves bins on a cement slab. The upgrade work involves a

shelter over the bins to reduce dust, noise and odour. The bins will also be taken away from the site and replaced with new bins on a weekly basis.

State Environmental Planning Policy (Infrastructure) 2007

SEPP (Infrastructure) 2007 – Compliance Check

Clause Compliance

Division 23 Waste or resource management facilities

121 Development permitted with consent Yes

Comment: The development is compatible in the RU5 Village zone under Council’s LEP 2014 as the development is permissible under the SEPP (Infrastructure) 2007.

The SEPP states: 121 Development permitted with consent (2) Development for the purposes of a waste or resource transfer station may be carried out by any person with consent on: (c) land on which development for any of the following purposes is permitted with consent under any environmental planning instrument: (i) industry, (ii) business premises or retail premises, (iii) freight transport facilities.

The development complies with Clause 2(c)(ii) above as the development is proposed to be associated with the surrounding land uses. The Tarana village contains residential dwellings, rural properties, a hotel and other business and retail

premises. The development would provide a service to the village and the surrounding landuses.

5.3.2 Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority Nil.

5.3.3 Any Development Control Plan

Council’s Industrial DCP

Council’s Industrial DCP – Compliance Check

Clause Compliance

Part C - Development Standards

4.1 Design and Appearance Yes

4.2 Landscaping Yes

4.3 Parking and Access Yes

4.4 Setbacks Yes

4.5 Storage Areas Yes

4.6 Advertising Signs NA

4.7 Drainage Yes

4.8 Security Fencing Yes

4.9 Additional Requirements Adjoining Residential Areas NA

4.10 S94 Contributions-Coal Related Developments NA

4.11 Garbage and Trade Refuse Storage and Collection Areas Yes

4.12 Soil Erosion and Sediment Control Yes

Comment: Council’s Industrial DCP was used as a guide for the development:

The design of the development is reasonable for the area as the size of the development is relatively minor. The development consists of an access driveway,

ramp, skip bins and a shelter over the bins. A block retaining wall is also proposed on the southern side of the development to minimise impacts to the surrounding landuses.

Minimal landscaping is located on the property. To minimise impacts such as visual, noise and dust to the surrounding area, a condition would be placed on the consent

indicating that landscaping is to be undertaken around the property boundary. Lockable chain gates with warning signs across the bottom of the access ramp and

hook truck access is proposed. This would help to prevent unauthorised usage when the facility is closed and for safety purposes.

The development is proposed to have access from Sodwalls Road/Mutton Falls Road. The access is proposed to be shared with the Rural Fire Service Shed. A vehicle access ramp is proposed to utilise the bins. A turning circle is located at the end of the infrastructure for vehicles to turn around. The access and turning circle is

proposed to be constructed of concrete material. As the facility is designed for vehicles to pull up on the ramp to empty into the bins

for a short period of time, carparking spaces are not required. There is sufficient room on the property for vehicles to park if necessary.

The access has been assessed by Council’s engineers and is considered that subject to conditions of consent that the access will be adequate for the development.

The development is reasonably setback from adjoining boundaries as the infrastructure is located in the middle of the property.

The skip bins will be located on the northern side of the access ramp and will be located under a shelter. The bins will be stored in a suitable location for the

development. An existing grassed swale drain is proposed to be retained on the southern side of

the facility. This is satisfactory for the development. The development therefore complies with Council’s Industrial DCP.

Council’s Off Street Carparking DCP

Council’s Off Street Carparking DCP – Compliance Check

Clause Compliance

Industrial Development – driveways, turning areas and loading areas – concrete, bituminous or aspaltic concrete, car parking areas – 2 coat bitumen seal, provided such area is not used as a driveway, turning or loading area.

Yes

Comment: Although the development is not specifically identified under Council’s off Street Carparking DCP, it was assessed on merit and would mostly be suited to an

industrial use. As previously stated above, the development is proposed to have access from

Sodwalls Road/Mutton Falls Road. A vehicle access ramp is proposed to utilise the bins. A turning circle is located at the end of the infrastructure for vehicles to turn around. The access and turning circle is proposed to be constructed of concrete

material. As the facility is designed for vehicles to pull up on the ramp to empty into the bins

for a short period of time, carparking spaces are not required. There is sufficient room on the property for vehicles to park if necessary. 5.3.4 Any planning agreement that has been entered into under Section 93F, or any

draft planning agreement that a developer has offered to enter into under Section 93F?

Nil. 5.3.5 Any matters prescribed by the regulations that apply to the land

The development has been forwarded to Council’s Building Officer for assessment under appropriate regulations. It is considered that as a result of this assessment the

development will comply with the provisions of the regulations subject to conditions of consent.

5.3.6 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality

Adjoining Landuse: The property adjoins the Great Western Railway Line to the north and the Rural Fire Service Shed to the south. The development is proposed to

be associated with the surrounding land uses as it is proposed to be located within

the Tarana village. The Tarana village contains a hotel, residential dwellings and rural properties. The proposal will not cause any land use conflicts and the development is

permissible within the zone. The Rural Fire Shed is shown in the photograph below:

Services: The development is not expected to impact the existing services in the area as the development is relatively minor in nature and is not required. Overhead power lines and underground telecommunication cables are located on the property

but would not be impacted upon by the development. Context and Setting: The proposed development will be located within an

established village area and will have no major impact on the context and setting. The development has been designed to complement existing features within the area.

Access/traffic: The development is proposed to have access from Sodwalls Road/Mutton Falls Road. The access is proposed to be shared with the Rural Fire

Service Shed. A vehicle access ramp is proposed to utilise the bins. A turning circle is located at the end of the infrastructure for vehicles to turn around. The access and turning circle is proposed to be constructed of concrete material.

As the facility is designed for vehicles to pull up on the ramp to empty into the bins for a short period of time, carparking spaces are not required. There is sufficient

room on the property for vehicles to park if necessary. The access has been assessed by Council’s engineers and is considered that subject

to conditions of consent that the access will be adequate for the development. Heritage: The property is not heritage listed or contains heritage items. Some heritage items within the vicinity of the development includes: the Tarana Hotel, the

School Masters Residence, St Stephens Anglican Church, a church that was the former Methodist, a house and Bangaroo (property and homestead). The development is not expected to impact the heritage items as the development is

proposed to contain a reasonable setback from the Main Road and boundaries and appropriate landscaping.

The location of the heritage items and the development site is shown on the map below:

Flora and Fauna: No proposed clearing is required and the development will have

no impact on flora or fauna. Security: Lockable chain gates with warning signs across the bottom of the access

ramp and hook truck access is proposed. This would help to prevent unauthorised usage when the facility is closed and for safety purposes.

Social and Economic Impact: As the proposed development will be generally in keeping with the provisions of the planning instrument and will provide a service to the community, it is expected to have minimal social and economic impact.

Soils: The proposed development will have no significant impact on soils. There is no reason to believe the site would be affected by acid sulphate soil or contamination

problems. Conditions of consent will be imposed to control erosion and sedimentation impacts on the site and therefore it is considered there will be minimal impacts on soils.

Air and Microclimate: There will be no significant impact on air or microclimate. The property currently contains existing waste disposal bins. The current use of the

property will be retained with the infrastructure being upgraded. The development is expected to minimise odour, noise and dust impacts. The current facility involves bins on a cement slab. The upgrade work involves a

shelter over the bins to reduce dust, noise and odour. The bins will also be taken away from the site and replaced with new bins on a weekly basis.

Waste: The bins are proposed to be removed from the property and replaced on a regular weekly basis.

Natural Hazards: The land is not known to be in the bushfire prone land or flood prone land.

Noise and Vibration: There are no nearby sources of noise or vibration that would impact detrimentally the proposal. The Great Western Railway line adjoins the property to the north. The development is reasonable setback from adjoining

boundaries as the infrastructure is located in the middle of the property and does not adjoin residential dwellings.

Tarana Hotel

“Bangaroo”

School Masters Residence

St Stephens Anglican Church Church (Former Methodist)

House

Development site

Minimal landscaping is located on the property. To minimise impacts such as visual, noise and dust to the surrounding area, a condition would be placed on the consent

indicating that landscaping is to be undertaken around the property boundary. Other Land Resources: The development will not impact on the value of the land

in terms of agricultural potential or mining as the lot contains an area of 2365m2 and is adjacent to an established village area.

5.3.7 The Suitability of the site for the development The surrounding land uses are for a mixture of commercial, rural and residential

uses. The size and nature of the development is considered to be consistent with those in the surrounding area. The proposal is compatible with the objectives of the zone and is considered to have minimal impact on the surrounding amenity.

Therefore, the site is considered to be suitable for the proposed development. 5.3.8 Any submissions made in accordance with this Act or the Regulations

The proposal was sent to Endeavour Energy, John Holland Rail, Council’s Building Officer and Engineers for commenting with recommendations detailed below. The proposal was also sent to surrounding landowners and placed on public display in

Council’s Administration Building for a period of 14 days with no submissions received.

ENDEVOUR ENERGY Reference is made to Council’s letter of 28 October 2016 regarding Development

Application DA252/16 at O'Connell Road Tarana NSW 2787 (Lot 1 DP 165694) for ‘Waste Transfer Station’. Submissions need to be made to Council by 25 November 2016.

As shown in the site plan from Endeavour Energy’s G/Net master facility model there are no electrical easements over the site but there are low voltage and 11,000 volt /

11 kV high voltage overhead power lines that traverse the site. Where electrical infrastructure on the site is not subject to an easement, they are protected assets and deemed to be lawful for all purposes under Section 53 ‘Protection of certain

electricity works’ of the Electricity Supply Act 1995 (NSW). Essentially this means the owner or occupier of the land can’t take any action in relation to the presence in, on or over the land of electricity works ie. they can’t remove the electrical infrastructure

from the site. Please note the location of any electricity infrastructure, boundaries etc. shown on the plan is indicative only and this plan is not a ‘Dial Before You Dig’ plan under the provisions of Part 5E ‘Protection of underground electricity power

lines’ of the Electricity Supply Act 1995 (NSW). Although there is no easement in place, Endeavour Energy treats the management of

protected assets as if there was a standard easement in place. As a guide, please find attached for the applicant’s reference is a copy of Endeavour Energy’s Mains Design Instruction MDI 0044 ‘Easements and Property Tenure Rights’. In this instance the overhead power line has a voltage of 11,000 volts / 11kV and as per the

below extract of ‘Table 1 - Minimum easement widths’ requires a minimum easement width of 9 metres ie. 4.5 metres on each side of the poles supporting the power lines.

As a condition of Council’s consent of the development application, the applicant should obtain evidence of compliance of the proposed shed with either:

Endeavour Energy’s minimum easement width in accordance with the Endeavour

Energy’s Mains Design Instruction MDI 0044 ‘Easements and Property Tenure Rights’; or

AS/NZS 7000:2010 ‘Overhead line design - Detailed procedures’ and the ‘Service and Installation Rules of NSW’.

Endeavour Energy’s further recommendations and comments are as follows:

Network Capacity/Connection If electricity is required, in due course the applicant for the future proposed development of the site will need to submit an application for connection of load via

Endeavour Energy’s Network Connections Branch to carry out the final load assessment and the method of supply will be determined. Further details are available by contacting Endeavour Energy’s Network Connections Branch via Head

Office enquiries on telephone: 133 718 or (02) 9853 6666 from 8am - 5:30pm or on Endeavour Energy’s website under ‘Home > Residential and business > Connecting to our network’ via the following link:

http://www.endeavourenergy.com.au/

Asset Relocation If required to facilitate the future development of the site, advice on the possible

relocation/undergrounding of the existing electrical assets on the site can be obtained by submitting a Technical Review Request to Endeavour Energy’s Network Connections Branch, the form for which FPJ6007 is attached and further details

(including the applicable charges) are available from Endeavour Energy’s website via the following link under ‘Our connection services’:

http://www.endeavourenergy.com.au/

Alternatively the applicant future development of the site should engage a Level 3 Accredited Service Provider (ASP) approved to design distribution network assets,

including underground or overhead. The ASP scheme is administered by NSW Trade & Investment and details are available on their website via the following link:

http://www.resourcesandenergy.nsw.gov.au/energy-supply-industry/pipelines-electricity-gas-networks/network-connections/contestable-works

Network Access

It is imperative that the access to the existing electrical infrastructure adjacent and on the site is maintained at all times. To ensure that supply electricity is available to the community, access to the electrical assets may be required at any time.

Earthing The construction of any building or structure (including fencing) that is connected to

or in close proximity to Endeavour Energy’s electrical network is required to comply with AS/NZS 3000:2007 ‘Electrical installations’ to ensure that there is adequate

connection to the earth. Inadequate connection to the earth places persons and the electricity network at risk.

Vegetation Management

The planting of large trees in the vicinity of electricity infrastructure is not supported by Endeavour Energy. Suitable planting needs to be undertaken in proximity of electricity infrastructure. Accordingly only low growing shrubs not exceeding 3.0 metres in height, ground covers and smaller shrubs, with non-invasive root systems

are the best plants to use. Landscaping that interferes with electricity infrastructure may become subject to Endeavour Energy’s Vegetation Management program and/or the provisions of the Electricity Supply Act 1995 (NSW) Section 48 ‘Interference with

electricity works by trees’ by which under certain circumstances the cost of carrying out such work may be recovered.

Dial before You Dig Before commencing any underground activity the applicant is required to obtain

advice from the Dial before You Dig 1100 service in accordance with the requirements of the Electricity Supply Act 1995 (NSW) and associated Regulations. This should be obtained by the applicant not only to identify the location of any

underground electrical infrastructure across the sites, but also to identify them as a hazard and to properly assess the risk.

Public Safety As the proposed development will involve work near electricity infrastructure, workers run the risk of receiving an electric shock and causing substantial damage to

plant and equipment. Endeavour Energy’s public safety training resources, which were developed to help general public/workers to understand why you may be at risk and what you can do to work safely are available via Endeavour Energy’s website via

the following link:

http://www.endeavourenergy.com.au/wps/wcm/connect/ee/nsw/nsw+homepage/co

mmunitynav/safety/safety+brochures

Emergency Contact

In case of an emergency relating to Endeavour Energy’s electrical network, the applicant should note Emergencies Telephone is 131 003 which can be contact 24 hours/7 days.

JOHN HOLLAND RAIL

Reference is made to Council’s letter dated 20 October 2016 regarding DA252/16 for a Waste Transfer Station at O’Connell Road Tarana.

Particularly it is requested that Council consider fencing and stormwater, as follows: Stormwater and wastewater It is requested that Council ensure that no additional stormwater flows toward the rail corridor, and that all wastewater is appropriately treated and disposed of.

Fencing The security of fencing along the rail corridor is essential to prevent unauthorised entry. JHR requests that Council impose a condition on any consent requiring a 1.8m chain wire fence or similar to prevent access to the rail corridor.

COUNCIL’S BUILDING OFFICER Reference is made to the abovementioned Development Application and Construction

Certificate application for the proposed waste transfer station. A site inspection was carried out on 28 October 2016 and reference is made to the completion of site assessment checklist and assessment of plans and details provided and additional

information requested for the Construction Certificate. The development consists of a waste transfer station with the construction of an awning and retaining walls for vehicular access to a waste skip bin for ease of disposal from a trailer. It should be

noted that powerlines both above and below ground are located onsite and immediately adjacent and the development should comply with service provider requirements.

It should be noted that the proposed roof water disposal onto a separate lot is not acceptable (discussed matter with Development Manager Jim Nichols). The roof water should be disposed of onsite and documentation should be amended with a

note referring to condition 16 listed below. General Requirements

1. The development shall take place in accordance with the approved development plans containing Council’s approved development stamp and all associated

documentation submitted with the application, except as modified in red by Council and/or any conditions of this consent.

2. The structure is to be located wholly within the confines of the property boundary and in accordance with approved site plan.

3. To protect the amenity of the area, the use of power tools are not to cause offensive noise and a nuisance and power tools must not be operated between 8pm – 7am on weekdays and Saturday and 8pm – 8am on Sundays and Public Holidays.

Note: This approval does not negate your responsibilities under the Protection of the Environmental Operations Act 1997.

4. That minimal disturbance is caused to the site during construction works and any disturbed areas are to be generally made good and revegetated to the satisfaction of Council.

Easements 5. The applicant is responsible for identifying all easements on the property and

complying with the relevant service provider requirements. Retaining walls 6. The installation of the retaining wall, subsoil drainage and alterations to the

natural surface contours must not impede or divert natural surface or sub surface water runoff, so as to cause a nuisance to adjoining property owners.

7. Fill material used must be virgin excavated natural material within the meaning of the Protection of Environmental Operations Act 1997 (POEO) or any other waste-

derived material the subject of a resource recovery exemption under cl.51A of the Protection of the Environment Operations (Waste) Regulation 2005 that is permitted to be used as fill material.

Note: Any waste-derived material the subject of resource recovery exemption received at the development site must be accompanied by documentation as to the

material’s compliance with the exemption conditions and must be provided to the Principal Certifying Authority.

8. Cut and fill, retaining wall/s and subsoil drainage are to be located wholly within the confines of the property boundaries and in accordance with the approved structural plans and specifications drawn by Alan Taylor and Associates Engineers.

Requirements prior to commencement of works Information to be submitted to Council prior to commencement of works

9. Prior to commencement of works the foundation material shall be approved by the Practising Structural Engineer and a copy of the site assessment and certification shall be submitted to Council (see note on plan 216 4273 dated 25/11/16).

Construction certificate – Building 10. A construction certificate is required prior to commencement of any site or

building works. Note: Council as your Principal Certifying Authority has issued this certificate concurrently with the development consent. Therefore this requirement is fulfilled.

Notification of commencement of Building Work 11. Prior to commencing any construction works, Council is to be notified at least two

days prior of the intention to commence building works, in accordance with Section 81A(2)(c) of the Act in Form 7 of Schedule 1 of the Regulations.

12. Building work that involves 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 to be done by a Licensee under the Act: i) has been informed in writing of the licensee’s name and contractor

Licensee Number, and

ii) it is satisfied that the Licensee has complied with the requirements of Part 6 of the Act, or

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

i) has been informed in writing of persons name and Owner-Builder Permit Number, or

ii) has been given a declaration signed by the owner of the land that

states that the reasonable market cost of the labour and materials involved in work is less than the amount prescribed for the purposes of the definition of Owner-Builder Work in Section 29 of that Act,

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

those paragraphs.

Sediment controls

13. To contain soil and sediment on the property, controls are to be implemented

prior to clearing of the site vegetation and the commencement of site works. This will

include:

a) The installation of a sediment fence with returned ends across the low side of the

site so that all water flows through. These shall be maintained at no less than

70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and

free of sediment.

b) To prevent the movement of soil off site, a single entry/exit point to the property

shall be constructed of 40mm blue metal aggregate or recycled concrete to a

depth of 150mm. The length must be at least 5 metres with the width at least 3

metres.

Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turfing, paving, revegetation.

Signage 14. Prior to the commencement of any works on the land, a sign/s must be erected in a prominent position on the site:

a. Showing the name of the principal contractor (if any) for any building work and a telephone number on which that person can be contacted outside working hours.

b. Stating that unauthorised entry to the work site is prohibited and c. Showing the name, address and telephone number of the principle certifying

authority for the work.

The sign/s are to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

15. A copy of the stamped and approved plans, development consent and the construction certificate are to be on the site at all times.

Requirements during Construction Construction work hours 16. All work on site shall only occur between the following hours:

Monday to Friday 7.00am to 6.00pm Saturday 8.00am to 1.00pm

Sunday and public holidays No work Stormwater

17. That the rainwater drains are connected to the water storage tank/s located onsite to Council’s satisfaction. Details are to be submitted to Council for approval prior to installation.

Note: Overflow pipes are to be discharged into approved drains to 600 mm wide x 600 mm deep dispersal pits, having an aggregate length of 2 metres per downpipe and be located not less than 4 metres from any building or site boundary. The pits

are to be located so as to ensure that the stormwater does not leave the site/bunded area or create a nuisance to adjoining properties.

18. Alterations to the natural surface contours must not impede or divert natural surface water runoff, so as to cause a nuisance to adjoining property owners.

19. All excavations and backfilling associated with the approved works must be executed safely and in accordance with appropriate professional standards. All

excavations must be properly guarded and protected to prevent them from being dangerous to life or property.

If an excavation associated with the approved works 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:

Must preserve and protect the building from damage; and If necessary, must underpin and support the building in an approved manner,

and 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, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

20. Prior to any building works commencing a suitable Waste Container with a lid for the deposit of all building rubbish and litter must be provided and emptied as soon as full. Building rubbish and litter must be contained on the building site.

21. Measures shall be implemented to minimise wind erosion and dust nuisance in accordance with the requirements of the manual – “Soils and Construction” (2004) (Bluebook).

Prior to the issue of an Occupation Certificate 22. The conditions of consent must be complied with prior to the issue of an

Occupation Certificate either by Lithgow Council or an accredited principal certifying authority. All necessary information to comply with the conditions of consent must be submitted prior to the occupation of the building.

Advisory Notes

Compliance with Building Code of Australia 1. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Building Inspection schedule 2. To ensure structural integrity, the maintenance of minimum health standards, the

management of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are:

a) Pier holes/pad footings before filling with concrete.

b) Subsoil drainage to retaining wall prior to backfill

c) Reinforcing steel in position and before concrete is poured (slab, footings, lintels,

beams, columns, floors, retaining walls and the like).

d) Stormwater drainage between building and discharge point (drainage pipes,

soakage pits and the like) prior to covering.

e) Subsoil drainage prior to backfill and stormwater drainage between building and

discharge point (drainage pipes, soakage pits and the like) prior to covering.

f) Completion of the retaining wall/s

g) Frame and completion of the development and sign off to all conditions of the

consent including landscaping, prior to occupation and use.

At each inspection, erosion and sediment control measures and site management will

be inspected. Note: forty-eight (48) hours notice shall be given to Council prior to inspections.

Stormwater, surface water, plumbing and drainage requirements 3. That seepage and surface waters are collected and diverted clear of the building

site by a drainage system to the satisfaction of Council. Care is to be taken to ensure that no nuisance is created to adjoining properties or pollution of waterways occurs from the site.

Construction 4. The awning shall be designed and constructed to the site specific ground snow

load and wind load and erected in accordance with the structural and manufacturers details designed by the Approved Practising Structural Engineer.

5. That the structure is securely bolted at its supports and fixed rigidly at its base. 6. That, owing to the area being subject to high wind velocities from time to time,

every precaution is to be taken to ensure the building and the roof cladding are effectively secured. Manufacturer's details and directions for anchorage and fixing are to be adhered to.

Prior to Occupation 7. Prior to the use/occupation of the structure an Occupation Certificate must be

issued by the Principal Certifying Authority (PCA). In this regard an application must be lodged with the PCA in conjunction with any request to carry out a final inspection.

Reference to the Building Code of Australia 8. A reference to the Building Code of Australia is a reference to that Code as in force on the date the application for the relevant Construction Certificate is made.

COUNCIL’S ENGINEERS

Reference is made to the Development Application in regard to Council’s Planner’s referral dated 20 October 2016 and provide the following comments:

It is suggested that the following conditions be placed on any developmental consent:

1. The existing access off Sodwalls Road/Mutton Falls Road is to be upgraded to a Medium Duty concrete standard or alternatively hot mixed. The upgraded access is to seamlessly connect with Sodwalls Road/Mutton Falls Road. Driveway construction

is to be to the standard defined in Lithgow City Council’s Policy 10.18 “Specification for the construction of driveways, footpath/gutter crossings and footpaving policy”.

2. The access is to be constructed to the standard specified in Council’s “Guidelines

for Civil Engineering Design and Construction for Development”. This document is available on Council’s website or upon request from Council’s administration desk.

3. A fully certified traffic control plan and road works signage will be required where machinery may obstruct traffic on Sodwalls Road/Mutton Falls Road whilst construction work is being undertaken. A traffic control plan and certification of fully

qualified contractors/persons will be required to be submitted to Council prior to any work commencing on the Road. Failure to comply may result in Work Cover intervention and may also include Stop Work orders from Council until such time the

developer complies with suitable traffic management procedures. 4. The applicant shall ensure that during the construction works all measures are

taken to eliminate/suppress any dust nuisance emanating from the site. 5. Effective erosion and sediment controls shall be installed prior to any construction activity. The controls must prevent sediment entering drainage depressions and

watercourses, and shall be regularly maintained and retained until works have been completed and groundcover established.

5.3.9 The public interest There have been no issues raised from the public regarding planning issues.

6. DISCUSSION AND CONCLUSIONS

The proposal is considered to generally comply with the relevant provisions of the

applicable Environmental Planning Instruments. The proposal is not considered likely to have any significant negative impacts upon the environment or upon the amenity of the locality. As such it is recommended that development consent is issued subject

to the conditions outlined below.

7. ATTACHMENTS

Schedule A- Conditions of consent.

8. RECOMMENDATION

THAT development application DA 252/16 is approved subject to conditions set out in Schedule A.

Report prepared by: Lauren Stevens Supervisor: Paul Cashel

Signed:……………………………………………… Signed:……………………………………………

Dated:………………………………………………. Dated:……………………………………………

REASONS FOR CONDITIONS

The conditions in Schedule A have been imposed for the following reasons:

To ensure compliance with the terms of the relevant Planning Instruments To ensure no injury is caused to the existing and likely future amenity of the

neighbourhood Due to the circumstances of the case and the public interest. To ensure that adequate road and drainage works are provided.

To ensure that satisfactory arrangements are made to satisfy the increased

demand for public recreation facilities To ensure access, parking and loading arrangements will be made to satisfy

the demands created by the development.

To ensure the structural integrity of the development. To ensure the protection of the health and safety of the occupants of the

development. To protect the environment.

To prevent, minimise, and/or offset adverse environmental impacts. To ensure there is no unacceptable impact on the water quality.

To ensure adequate soil conservation and protect against movement of soil and sediments.

Schedule A Conditions of Consent (Consent Authority)

Please Note: It should be understood that this consent in no way relieves the owner or applicant from any obligation under any covenant affecting the land.

ADMINISTRATIVE CONDITIONS

1. That the development be carried out in accordance with the application, Statement of Environmental Effects, accompanying information, plans listed in the approval and any further

information provided during the process unless otherwise amended by the following conditions.

2. The structure is to be located wholly within the confines of the property boundary and in

accordance with approved site plan.

3. To protect the amenity of the area, the use of power tools are not to cause offensive noise and

a nuisance and power tools must not be operated between 8pm – 7am on weekdays and Saturday and 8pm – 8am on Sundays and Public Holidays. Note: This approval does not negate your responsibilities under the Protection of the

Environmental Operations Act 1997.

4. That minimal disturbance is caused to the site during construction works and any disturbed

areas are to be generally made good and revegetated to the satisfaction of Council.

5. The proposed 1.2m post and wire fence is to be a minimum of 4.5m from the centre of the

powerline or bottom of the batter; whichever is greater. Gates may need to be constructed in accordance with Endeavour Energy’s access requirements.

Endeavour Energy 6. The applicant should obtain evidence of compliance of the proposed shed with either:

Endeavour Energy’s minimum easement width in accordance with the Endeavour Energy’s

Mains Design Instruction MDI 0044 ‘Easements and Property Tenure Rights’; or

AS/NZS 7000:2010 ‘Overhead line design - Detailed procedures’ and the ‘Service and Installation Rules of NSW’.

Easements 7. The applicant is responsible for identifying all easements on the property and complying with the

relevant service provider requirements.

Retaining walls 8. The installation of the retaining wall, subsoil drainage and alterations to the natural surface

contours must not impede or divert natural surface or sub surface water runoff, so as to cause a nuisance to adjoining property owners.

9. Fill material used must be virgin excavated natural material within the meaning of the Protection

of Environmental Operations Act 1997 (POEO) or any other waste- derived material the subject

of a resource recovery exemption under cl.51A of the Protection of the Environment Operations (Waste) Regulation 2005 that is permitted to be used as fill material.

Note: Any waste-derived material the subject of resource recovery exemption received at the

development site must be accompanied by documentation as to the material’s compliance with the exemption conditions and must be provided to the Principal Certifying Authority.

10. Cut and fill, retaining wall/s and subsoil drainage are to be located wholly within the confines of

the property boundaries and in accordance with the approved structural plans and specifications

drawn by Alan Taylor and Associates Engineers. PRIOR TO COMMENCEMENT OF WORK

11. Prior to commencement of works the foundation material shall be approved by the Practising Structural Engineer and a copy of the site assessment and certification shall be submitted to Council (see note on plan 216 4273 dated 25/11/16).

Landscaping 12. To minimise impacts to the surrounding area, landscaping is to be undertaken around the

property boundary. This is to be undertaken prior to the issue to the commencement of operations.

Construction certificate – Building 13. A construction certificate is required prior to commencement of any site or building works. Note:

Council as your Principal Certifying Authority has issued this certificate concurrently with the development consent. Therefore this requirement is fulfilled.

Notification of commencement of Building Work 14. Prior to commencing any construction works, Council is to be notified at least two days prior of

the intention to commence building works, in accordance with Section 81A(2)(c) of the Act in Form 7 of Schedule 1 of the Regulations.

15. Building work that involves 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 to be done by a Licensee under the Act: i) has been informed in writing of the licensee’s name and contractor Licensee

Number, and

ii) it is satisfied that the Licensee has complied with the requirements of Part 6 of the Act, or

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

i) has been informed in writing of persons name and Owner-Builder Permit Number, or

ii) has been given a declaration signed by the owner of the land that states that the

reasonable market cost of the labour and materials involved in work is less than the amount prescribed for the purposes of the definition of Owner-Builder Work in Section 29 of that Act,

and is given appropriate information and declarations under paragraphs (a) and (b) whenever arrangements for the doing of the work are changed in such a manner as to render out of dated

any information or declaration previously given under either of those paragraphs.

Signage 16. Prior to the commencement of any works on the land, a sign/s must be erected in a prominent

position on the site: a. Showing the name of the principal contractor (if any) for any building work and a

telephone number on which that person can be contacted outside working hours.

b. Stating that unauthorised entry to the work site is prohibited and c. Showing the name, address and telephone number of the principle certifying authority

for the work. The sign/s are to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

17. A copy of the stamped and approved plans, development consent and the construction

certificate are to be on the site at all times.

Engineering Requirements 18. The existing access off Sodwalls Road/Mutton Falls Road is to be upgraded to a Medium Duty

concrete standard or alternatively hot mixed. The upgraded access is to seamlessly connect with Sodwalls Road/Mutton Falls Road. Driveway construction is to be to the standard defined in Lithgow City Council’s Policy 10.18 “Specification for the construction of driveways,

footpath/gutter crossings and footpaving policy”.

19. The access is to be constructed to the standard specified in Council’s “Guidelines for Civil Engineering Design and Construction for Development”. This document is available on Council’s

website or upon request from Council’s administration desk.

20. A fully certified traffic control plan and road works signage will be required where machinery

may obstruct traffic on Sodwalls Road/Mutton Falls Road whilst construction work is being undertaken. A traffic control plan and certification of fully qualified contractors/persons will be required to be submitted to Council prior to any work commencing on the Road. Failure to

comply may result in Work Cover intervention and may also include Stop Work orders from Council until such time the developer complies with suitable traffic management procedures.

21. The applicant shall ensure that during the construction works all measures are taken to eliminate/suppress any dust nuisance emanating from the site.

22. Effective erosion and sediment controls shall be installed prior to any construction activity. The controls must prevent sediment entering drainage depressions and watercourses, and shall be regularly maintained and retained until works have been completed and groundcover

established.

John Holland rail Stormwater and Wastewater 23. There is to be no additional stormwater flows towards the rail corridor, and that all wastewater

is to be appropriately treated and disposed of.

Fencing 24. A 1.8m chain wire fence or similar to prevent access to the rail corridor is to be constructed prior

to the issue of the Occupation Certificate. REQUIREMENTS DURING CONSTRUCTION

Construction work hours 25. All work on site shall only occur between the following hours:

Monday to Friday 7.00am to 6.00pm

Saturday 8.00am to 1.00pm Sunday and public holidays No work

Stormwater

26. That the rainwater drains are connected to the water storage tank/s located onsite to Council’s satisfaction. Details are to be submitted to Council for approval prior to installation.

Note: Overflow pipes are to be discharged into approved drains to 600 mm wide x 600 mm deep dispersal pits, having an aggregate length of 2 metres per downpipe and be located not less than 4 metres from any building or site boundary. The pits are to be located so as to ensure that

the stormwater does not leave the site/bunded area or create a nuisance to adjoining properties.

27. Alterations to the natural surface contours must not impede or divert natural surface water runoff, so as to cause a nuisance to adjoining property owners.

28. All excavations and backfilling associated with the approved works must be executed safely and in accordance with appropriate professional standards. All excavations must be properly guarded and protected to prevent them from being dangerous to life or property.

If an excavation associated with the approved works 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: Must preserve and protect the building from damage; and

If necessary, must underpin and support the building in an approved manner, and 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, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

29. Prior to any building works commencing a suitable Waste Container with a lid for the deposit of all building rubbish and litter must be provided and emptied as soon as full. Building rubbish and litter must be contained on the building site.

30. Measures shall be implemented to minimise wind erosion and dust nuisance in accordance with

the requirements of the manual – “Soils and Construction” (2004) (Bluebook).

Prior to the issue of an Occupation Certificate 31. The conditions of consent must be complied with prior to the issue of an Occupation Certificate

either by Lithgow Council or an accredited principal certifying authority. All necessary information to comply with the conditions of consent must be submitted prior to the occupation of the building.

ADVISORY NOTES Compliance with Building Code of Australia AN1. All building work must be carried out in accordance with the provisions of the Building Code of

Australia. Building Inspection schedule AN2. To ensure structural integrity, the maintenance of minimum health standards, the management

of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are:

a) Pier holes/pad footings before filling with concrete.

c) Subsoil drainage to retaining wall prior to backfill

d) Reinforcing steel in position and before concrete is poured (slab, footings, lintels, beams,

columns, floors, retaining walls and the like).

e) Stormwater drainage between building and discharge point (drainage pipes, soakage pits

and the like) prior to covering.

f) Subsoil drainage prior to backfill and stormwater drainage between building and discharge

point (drainage pipes, soakage pits and the like) prior to covering.

g) Completion of the retaining wall/s

h) Frame and completion of the development and sign off to all conditions of the consent

including landscaping, prior to occupation and use.

At each inspection, erosion and sediment control measures and site management will be inspected.

Note: forty-eight (48) hours notice shall be given to Council prior to inspections. Stormwater, surface water, plumbing and drainage requirements AN3. That seepage and surface waters are collected and diverted clear of the building site by a

drainage system to the satisfaction of Council. Care is to be taken to ensure that no nuisance is created to adjoining properties or pollution of waterways occurs from the site.

Construction AN4. The awning shall be designed and constructed to the site specific ground snow load and wind

load and erected in accordance with the structural and manufacturers details designed by the Approved Practising Structural Engineer.

AN5. That the structure is securely bolted at its supports and fixed rigidly at its base.

AN6. That, owing to the area being subject to high wind velocities from time to time, every precaution

is to be taken to ensure the building and the roof cladding are effectively secured. Manufacturer's details and directions for anchorage and fixing are to be adhered to.

Prior to Occupation AN7. Prior to the use/occupation of the structure an Occupation Certificate must be issued by the

Principal Certifying Authority (PCA). In this regard an application must be lodged with the PCA in

conjunction with any request to carry out a final inspection.

Reference to the Building Code of Australia AN8. A reference to the Building Code of Australia is a reference to that Code as in force on the date

the application for the relevant Construction Certificate is made.

ENDEAVOUR ENERGY Network Capacity/Connection AN9. If electricity is required, in due course the applicant for the future proposed development of the

site will need to submit an application for connection of load via Endeavour Energy’s Network

Connections Branch to carry out the final load assessment and the method of supply will be determined. Further details are available by contacting Endeavour Energy’s Network Connections Branch via Head Office enquiries on telephone: 133 718 or (02) 9853 6666 from 8am - 5:30pm

or on Endeavour Energy’s website under ‘Home > Residential and business > Connecting to our network’ via the following link:

http://www.endeavourenergy.com.au/

Asset Relocation AN10. If required to facilitate the future development of the site, advice on the possible

relocation/undergrounding of the existing electrical assets on the site can be obtained by submitting a Technical Review Request to Endeavour Energy’s Network Connections Branch, the form for which FPJ6007 is attached and further details (including the applicable charges) are

available from Endeavour Energy’s website via the following link under ‘Our connection services’:

http://www.endeavourenergy.com.au/

Alternatively the applicant future development of the site should engage a Level 3 Accredited Service Provider (ASP) approved to design distribution network assets, including underground or

overhead. The ASP scheme is administered by NSW Trade & Investment and details are available on their website via the following link:

http://www.resourcesandenergy.nsw.gov.au/energy-supply-industry/pipelines-electricity-gas-networks/network-connections/contestable-works

Network Access AN11. It is imperative that the access to the existing electrical infrastructure adjacent and on the site is

maintained at all times. To ensure that supply electricity is available to the community, access to

the electrical assets may be required at any time.

Earthing AN12. The construction of any building or structure (including fencing) that is connected to or in close

proximity to Endeavour Energy’s electrical network is required to comply with AS/NZS 3000:2007 ‘Electrical installations’ to ensure that there is adequate connection to the earth. Inadequate

connection to the earth places persons and the electricity network at risk.

Vegetation Management AN13. The planting of large trees in the vicinity of electricity infrastructure is not supported by

Endeavour Energy. Suitable planting needs to be undertaken in proximity of electricity infrastructure. Accordingly only low growing shrubs not exceeding 3.0 metres in height, ground

covers and smaller shrubs, with non-invasive root systems are the best plants to use. Landscaping that interferes with electricity infrastructure may become subject to Endeavour Energy’s Vegetation Management program and/or the provisions of the Electricity Supply Act 1995 (NSW) Section 48 ‘Interference with electricity works by trees’ by which under certain circumstances the cost of carrying out such work may be recovered.

Dial before You Dig AN14. Before commencing any underground activity the applicant is required to obtain advice from the

Dial before You Dig 1100 service in accordance with the requirements of the Electricity Supply Act 1995 (NSW) and associated Regulations. This should be obtained by the applicant not only to identify the location of any underground electrical infrastructure across the sites, but also to identify them as a hazard and to properly assess the risk.

Public Safety AN15. As the proposed development will involve work near electricity infrastructure, workers run the

risk of receiving an electric shock and causing substantial damage to plant and equipment.

Endeavour Energy’s public safety training resources, which were developed to help general public/workers to understand why you may be at risk and what you can do to work safely are available via Endeavour Energy’s website via the following link:

http://www.endeavourenergy.com.au/wps/wcm/connect/ee/nsw/nsw+homepage/communitynav/safety/safety+brochures

Emergency Contact AN16. In case of an emergency relating to Endeavour Energy’s electrical network, the applicant should

note Emergencies Telephone is 131 003 which can be contact 24 hours/7 days.