IN ATTENDANCE ABORIGINAL STATEMENT · TWEED SHIRE COUNCIL MEETING HELD TUESDAY 8 MAY 2007 THIS IS...

TWEED SHIRE COUNCIL MEETING HELD TUESDAY 8 MAY 2007

THIS IS PAGE NO 1 OF THE MINUTES OF THE TWEED SHIRE COUNCIL MEETING HELD TUESDAY 8 MAY

2007

The Meeting commenced at 4.30pm.

IN ATTENDANCE

Administrators Mr Garry Payne, (Chairman), Mr Frank Willan, Mr Max Boyd.

Also present were Mr Mike Rayner (General Manager), Mr Troy Green (DirectorTechnology & Corporate Services), Mr Patrick Knight (Director Engineering &Operations), Mr Noel Hodges (Director Planning & Development), Mr Don Buckley(Director Environment & Community Services), Ms Genevieve Slattery (ExecutiveOfficer), Mr Neil Baldwin (Manager Risk and Human Resources/Public Officer) and MrsKerrie McConnell (Minutes Secretary)

ABORIGINAL STATEMENT

Administrator Payne acknowledged the Bundjalung Aboriginal Nation with the followingstatement:

"We wish to recognise the generations of the local Aboriginal people of theBundjalung Nation who have lived in and derived their physical and spiritual needsfrom the forests, rivers, lakes and streams of this beautiful valley over manythousands of years as the traditional owners and custodians of these lands."

PRAYER

The meeting opened with a Prayer by Council's Chaplain, Andrew Unwin:

"Eternal God, you are the one who governs all things in heaven and on earth. Hearus as we come before you to pray for our country and all those who live here.

As your word encourages us, we pray for those who You have given authority too.We pray that you will guide their thoughts and actions that they may serve us withtrue Christian compassion. Strengthen them in their resolve to care for everymember of our community regardless of who they are.

Remove every hindrance to the advancement of our peoples that in love we mightfind unity in our community. We pray that you will give us tolerance andacceptance of each other and that peace will spread through our valley. We askthis to the glory of your name through Jesus your Son. Amen."



2007

CONFIRMATION OF MINUTES

Minutes of the Ordinary and Confidential Council Meeting held Tuesday 17 April2007

65 COUNCIL DECISION:

Administrator WillanAdministrator Boyd

RESOLVED that the Minutes of the Ordinary and Confidential Council Meetingsheld Tuesday 17 April 2007 be adopted as a true and accurate record ofproceedings of that meeting.

FOR VOTE - Unanimous

APOLOGIES

Nil.

DISCLOSURE OF INTEREST

Nil.

ITEMS TO BE MOVED FROM ORDINARY TO CONFIDENTIAL - CONFIDENTIAL TOORDINARY

Nil.

PLANNING COMMITTEE


Administrator PayneAdministrator Willan

RESOLVED that Council resolves itself into the Planning Committee under theChairmanship of Administrator Boyd.


REPORTS THROUGH GENERAL MANAGER



2007

REPORTS FROM DIRECTOR PLANNING & DEVELOPMENT

P1 [PD-PC] Section 96 Application DA06/1040.01 for an Amendment toDevelopment Consent DA06/1040 for a Tavern (Tenancy No. 1) at Lot 902DP 1097490, No. 2-6 Pandanus Parade, Cabarita Beach

The following person addressed the Planning Committee on this item:

Mr Adam Slijderink (Development Manager - Resort Corp)

P 45 COMMITTEE DECISION:

Administrator WillanAdministrator Payne

RECOMMENDED that Section 96 Application DA06/1040.01 for an amendment toDevelopment Consent DA06/1040 for a tavern (tenancy No. 1) at Lot 902 DP1097490, No. 2-6 Pandanus Parade, Cabarita Beach be approved, and thedevelopment consent be modified as follows: -

1. Condition No. 1 which currently reads:

"1. The development shall be completed in accordance with the Statementof Environmental Effects and Plan Nos WD 01 - WD 08 and LL01prepared by Ryder Hampton and dated 29 August 2006, except wherevaried by the conditions of this consent.”

Is to be DELETED and a NEW Condition 1.1 be INSERTED to read:

“1.1 The development shall be completed in accordance with the Statementof Environmental Effects and Plan Nos WD 01 - WD 08 Issue B preparedby Ryder Hampton and dated 29 August 2006, except where varied bythe conditions of this consent.”

2. Condition No. 7 which currently reads:

“7. A certificate of compliance (CC) under Sections 305, 306 and 307 of theWater Management Act 2000 is to be obtained from Council to verify thatthe necessary requirements for the supply of water and sewerage to thedevelopment have been made with the Tweed Shire Council.

Pursuant to Clause 146 of the Environmental Planning and AssessmentRegulations, 2000, a Construction Certificate shall NOT be issued by aCertifying Authority unless all Section 64 Contributions have been paidand the Certifying Authority has sighted Council's "Contribution Sheet"and a "Certificate of Compliance" signed by an authorised officer ofCouncil.



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Annexed hereto is an information sheet indicating the procedure to followto obtain a Certificate of Compliance:

Water: 21.1256 ETs @ $4598 $97,136Sewer: 33.8167 ETs @ $2863 $96,817

A CURRENT COPY OF THE CONTRIBUTION FEE SHEETATTACHED TO THIS CONSENT MUST BE PROVIDED AT THE TIMEOF PAYMENT

These charges to remain fixed for a period of twelve (12) months fromthe date of this consent and thereafter in accordance with the ratesapplicable in Council's adopted Fees and Charges current at the time ofpayment.

Note: The Environmental Planning and Assessment Act, 1979 (asamended) makes no provision for works under the Water ManagementAct 2000 to be certified by an Accredited Certifier.”

Is to be DELETED and new condition 7A INSERTED to read:

“7A.A certificate of compliance (CC) under Sections 305, 306 and 307 of theWater Management Act 2000 is to be obtained from Council to verify thatthe necessary requirements for the supply of water and sewerage to thedevelopment have been made with the Tweed Shire Council.



Water: 18.13 ETs @ $4598 $83,361.74Sewer: 30.8163 ETs @ $2863 $88,227.27

A CURRENT COPY OF THE CONTRIBUTION FEE SHEETATTACHED TO THIS CONSENT MUST BE PROVIDED AT THE TIMEOF PAYMENT




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Note: The Environmental Planning and Assessment Act, 1979 (asamended) makes no provision for works under the Water ManagementAct 2000 to be certified by an Accredited Certifier.”

3. Condition 9, which currently reads:

“9.Section 94 Contributions

Payment of the following contributions pursuant to Section 94 of the Actand the relevant Section 94 Plan.

Pursuant to Clause 146 of the Environmental Planning and AssessmentRegulations, 2000, a Construction Certificate shall NOT be issued by aCertifying Authority unless all Section 94 Contributions have been paidand the Certifying Authority has sighted Council's "Contribution Sheet"signed by an authorised officer of Council.

A CURRENT COPY OF THE CONTRIBUTION FEE SHEETATTACHED TO THIS CONSENT MUST BE PROVIDED AT THE TIMEOF PAYMENT.

These charges will remain fixed for a period of 12 months from the dateof this consent and thereafter in accordance with the rates applicable inthe current version/edition of the relevant Section 94 Plan current at thetime of the payment.

A copy of the Section 94 contribution plans may be inspected at the Civicand Cultural Centres, Tumbulgum Road, Murwillumbah and Brett Street,Tweed Heads.

(a) Tweed Road Contribution Plan: $3,772

S94 Plan No. 4 (Version 4.0)

Sector2_4

(b) Shirewide Car Parking $408,570

S94 Plan No. 23”

Is to be DELETED and a new condition 9A to be INSERTED, which reads:

"9A. Section 94 Contributions





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(a) Tweed Road Contribution Plan - DELETED

(b) Shirewide Car Parking $381,332

S94 Plan No. 23”

4. Condition No. 60, which currently reads:

"60. Hours of operation of the business are restricted to the following hours: -

* 7.00am to 12 midnight seven (7) days a week, with the sale ofalcohol restricted to 10.00am to midnight seven (7) days a week.

* All deliveries and pickups relating to the business are to occurwithin the approved hours”

is to be DELETED, and a new condition 60A INSERTED to read:

“60A.Hours of operation of the business are restricted to the following hours: -

* 7.00am to 12 midnight seven (7) days a week, with the sale ofalcohol restricted to after 10.00am, seven (7) days a week.Application shall be made to the Liquor Administration Board toamend the current Hotelier’s Liquor Licence to reflect this requirement.

* All deliveries and pickups relating to the business are to occurwithin the approved hours”

5. Condition No. 70, which currently reads:

“70.A maximum of 15 poker machines shall be installed on the premises.Any increase to this number requires separate development consent.”

is to be DELETED.




2007

P2 [PD-PC] Development Application DA06/1416 for Multi Dwelling Housing- Eighteen (18) One Bedroom Units at Lot 40 DP1046037 Leisure Drive,Banora Point



RECOMMENDED that Development Application DA06/1416 for multi dwellinghousing - eighteen (18) 1 bedroom units at Lot 40 DP 1046037, Leisure DriveBanora Point be approved subject to the following conditions: -

GENERAL

1. The development shall be completed in accordance with the Statement ofEnvironmental Effects and Plan Nos 0640-WD-01 to 0640-WD-04 prepared byKing Design Service and dated 8/3/07, Landscape Plan LP01 prepared byBoyds Bay Garden World dated 17/4/07 except where varied by the conditionsof this consent. The stormwater management of the site shall be in generalaccordance with the preliminary Hydraulics Plan (Stormwater) prepared byRossco Developments and dated 09/12/2006, except where varied byconditions of this consent and the approved Section 68 Stormwaterapplication.

[GEN0005]

2. The issue of this Development Consent does not certify compliance with therelevant provisions of the Building Code of Australia.

[GEN0115]

3. Approval is given subject to the location of, protection of, and/or anynecessary modifications to any existing public utilities situated within oradjacent to the subject property.

[GEN0135]

4. All works are to be undertaken in accordance with the Acid SulfateManagement Assessment and Management Plan (BT 16724), prepared byBorder Tech and submitted as an annexure to the Statement of EnvironmentalEffects.

[GENNS01]

5. Erosion and sediment control measures shall be installed and maintained tothe satisfaction of Council's Department of Environment and CommunityServices throughout the duration of construction.

[GENNS02]

6. Notwithstanding the issue of this development consent, separate consent fromCouncil under Section 138 of the Roads Act 1993, must be obtained prior toany works taking place on a public road including the construction of newdriveway access (or modification of access). Applications for consent under



2007

Section 138 must be submitted on Council's standard application form and beaccompanied by the required attachments and prescribed fee.

[GEN0045]

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

7. All externally mounted artificial lighting, including security lighting, is to beshielded to the satisfaction of the General Manager or his delegate wherenecessary or required so as to prevent the spill of light creating a nuisance toneighbouring or adjacent premises. Lighting shall comply with AS 4282 andother relevant Australian Standards. A plan of the lighting shall be approvedby the Principal Certifying Authority PRIOR to the issue of a ConstructionCertificate.

[PCC0055]

8. The footings and floor slab are to be designed by a practising StructuralEngineer after consideration of a soil report from a NATA accredited soiltesting laboratory and shall be submitted to and approved by the PrincipalCertifying Authority prior to the issue of a construction certificate.

[PCC0945]

9. Prior to the issue of a construction certificate a site stormwater managementplan is to be submitted to and approved by the Principal CertifyingAuthority.This plan shall address the collection and disposal of surfacerainwater in the rear yard areas of block A.

[PCCNS01]

10. Section 94 Contributions

Payment of the following contributions pursuant to Section 94 of the Act andthe relevant Section 94 Plan.

Pursuant to Clause 146 of the Environmental Planning and AssessmentRegulations, 2000, a Construction Certificate shall NOT be issued by aCertifying Authority unless all Section 94 Contributions have been paid andthe Certifying Authority has sighted Council's "Contribution Sheet" signed byan authorised officer of Council.

A CURRENT COPY OF THE CONTRIBUTION FEE SHEET ATTACHED TOTHIS CONSENT MUST BE PROVIDED AT THE TIME OF PAYMENT.

These charges will remain fixed for a period of 12 months from the date of thisconsent and thereafter in accordance with the rates applicable in the currentversion/edition of the relevant Section 94 Plan current at the time of thepayment.

A copy of the Section 94 contribution plans may be inspected at the Civic andCultural Centres, Tumbulgum Road, Murwillumbah and Brett Street, TweedHeads.

a. Banora Point West/Tweed Heads South (DCP3)

Open Space Passive (Casual): $19,885

S94 Plan No. 1



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b. Banora Point West/Tweed Heads South (DCP3)

Open Space Active (Structured): $26,203

S94 Plan No. 1

c. South Tweed Heads Master Drainage (DCP3 area):

0.23946 ha @ $8805 $2,108.45

S94 Plan No. 2

d. Tweed Road Contribution Plan: $16,503


Sector2_4

e. Shirewide Library Facilities: $7,412

S94 Plan No. 11

f. Bus Shelters: $298

S94 Plan No. 12

g. Eviron Cemetery/Crematorium Facilities: $1,434

S94 Plan No. 13

h. Emergency Facilities (Surf Lifesaving) $2,158

S94 Plan No. 16

i. Extensions to Council Administration Offices

& Technical Support Facilities $12,935.27

S94 Plan No. 18

j. Cycleways $3,788

S94 Plan No. 22

k. Regional Open Space (Structured) $25,050

S94 Plan No. 26

l. Regional Open Space (Casual) $9,207

S94 Plan No. 26[PCC0215]

11. A certificate of compliance (CC) under Sections 305, 306 and 307 of theWater Management Act 2000 is to be obtained from Council to verify that thenecessary requirements for the supply of water and sewerage to thedevelopment have been made with the Tweed Shire Council.

Pursuant to Clause 146 of the Environmental Planning and AssessmentRegulations, 2000, a Construction Certificate shall NOT be issued by aCertifying Authority unless all Section 64 Contributions have been paid andthe Certifying Authority has sighted Council's "Contribution Sheet" and a"Certificate of Compliance" signed by an authorised officer of Council.



2007

Annexed hereto is an information sheet indicating the procedure to follow toobtain a Certificate of Compliance:

Water DSP4: 6.2 ET @ $4598 $28,508

Sewer Tweed Heads: 8 ET @ $6688 $53,504

These charges to remain fixed for a period of twelve (12) months from thedate of this consent and thereafter in accordance with the rates applicable inCouncil's adopted Fees and Charges current at the time of payment.

A CURRENT COPY OF THE CONTRIBUTION FEE SHEET ATTACHED TOTHIS CONSENT MUST BE PROVIDED AT THE TIME OF PAYMENT.

Note: The Environmental Planning and Assessment Act, 1979 (as amended)makes no provision for works under the Water Management Act 2000 to becertified by an Accredited Certifier.[PCC0265]

12. A detailed plan of landscaping, specifying garden bed dimensions andlocations, plant species, materials and colours of fences, paving etc is to besubmitted and approved by Council's General Manager or the Town Planner(as his delegate) prior to the issue of a Construction Certificate.

Plant species in the garden beds along the frontage to Leisure Drive shall befast growing dense shrubs, preferably endemic to the area, which will grow toa minimum 2 metres and will provide adequate screening and privacy for theprivate open space areas of proposed Blocks B and C.

Location and dimensions of adequate turfed areas, or other suitable media, foruse as car wash-down areas, shall also be incorporated into the landscapeplan.

To allow appropriate access for maintenance from the road reserve of LeisureDrive, any proposed fencing or structure along the frontage to Leisure Driveshall be "stepped in" as required to provide a minimum 1.0m clearance to thenominated stormwater quality device (Humeceptor or approved equivalent).

[PCC0585]

13. Erosion and Sediment Control shall be provided in accordance with thefollowing:

(a) The Construction Certificate Application must include a detailed erosionand sediment control plan prepared in accordance with Section D7.07 ofDevelopment Design Specification D7 - Stormwater Quality.

(b) Construction phase erosion and sediment control shall be designed,constructed and operated in accordance with Tweed Shire CouncilDevelopment Design Specification D7 - Stormwater Quality and itsAnnexure A - "Code of Practice for Soil and Water Management onConstruction Works".

[PCC1155]

14. The developer shall provide a minimum 27 on site parking spaces includingparking for the disabled in accordance with Development Control Plan No 2 -Site Access and Parking Code, as well as provision for 2 durable and perviouscar wash down areas. The areas must be identified for that purpose and be



2007

supplied with an adequate water supply for use within the areas. Any surfacerunoff from the area must not discharge directly into the stormwater system.

Full design detail of the proposed parking and manoeuvring areas shall besubmitted to and approved by the General Manager or his delegate prior tothe issue of a construction certificate.

[PCC0065]

15. Any works to be carried out within the adjoining road reserve is subject toapplication and approval being issued by Tweed Shire Council as the roadauthority.

Application for these works and receipt of approval is to be obtained prior tothe issue of a construction certificate for works within the development site.

[PCC0075]

16. In accordance with Section 109F(i) of the Environmental Planning andAssessment Act 1979 (as amended), a construction certificate for buildingworks shall NOT be issued until any long service levy payable under Section34 of the Building and Construction Industry Long Service Payments Act,1986 (or where such levy is payable by instalments, the first instalment of thelevy) has been paid. Council is authorised to accept payment. Wherepayment has been made elsewhere, proof of payment is to be provided.

[PCC0285]

17. A certificate is to be submitted by a Registered Surveyor certifying that allhabitable floor areas are constructed above RL 3.10 metres AHD, andcertifying the actual finished level of the total site. Certification of those levelsby a registered surveyor must be submitted to the Principal CertifyingAuthority prior to proceedings past floor level to ensure that the floor is aboveflood level.

[PCCNS02]

18. All fill is to be graded at a minimum of 1% so that it drains to the street or otherapproved permanent drainage system and where necessary, perimeterdrainage is to be provided to ensure minimal impact on adjoining properties. Iffilling is required, a plan of proposed drainage is to be submitted andapproved by the PCA prior to the issue of a construction certificate. Drainagemust be installed and operational prior to commencement of any buildingwork.

All fill and cut batters shall be maintained wholly within the subject land.Detailed engineering plans of fill levels and perimeter drainage shall besubmitted with a S68 stormwater application for Council approval.

[PCC0485]

19. Application shall be made to Tweed Shire Council under Section 138 of theRoads Act 1993 for any works within the road reserve.

[PCC0885]

20. Permanent stormwater quality treatment shall be provided in accordance withthe following:

(a) The Construction Certificate Application shall include a detailedstormwater management plan (SWMP) for the occupational or use stage



2007

of the development prepared in accordance with Section D7.07 ofCouncils Development Design Specification D7 - Stormwater Quality.

(b) Permanent stormwater quality treatment shall comply with section 5.5.3of the Tweed Urban Stormwater Quality Management Plan and CouncilsDevelopment Design Specification D7 - Stormwater Quality.

(c) The stormwater and site works shall incorporate water sensitive designprinciples and where practical, integrated water cycle management.Typical water sensitive features include infiltration, maximisingpermeable/landscaped areas, stormwater retention /detention/reuse, anduse of grass swales in preference to hard engineered drainage systems.

(d) Specific Requirements to be detailed within the Construction certificateapplication include:

(i) Shake down area shall be installed prior to any earthworks beingundertaken.

(ii) The proposed Humeceptor (or approved equivalent) shall be sizedin accordance with Section D7.12 of Council's Development DesignSpecification D7 - Stormwater Quality.

[PCC1105]

21. An application shall be lodged and approved by Tweed Shire Council underSection 68 of the Local Government Act for any water, sewerage or drainageworks (including the connection of a private stormwater drain to a publicstormwater drain, the installation of stormwater quality control devices anderosion and sedimentation control works) prior to the issue of a constructioncertificate.

[PCC1195]

22. The legal point of discharge for piped stormwater from the site is via directconnection into the kerbside inlet pits within Leisure Drive. Full engineeringdetails of this connection shall be submitted with a s68 Stormwater Applicationfor approval, prior to the issue of a Construction Certificate.

[PCCNS03]

PRIOR TO COMMENCEMENT OF WORK

23. The erection of a building in accordance with a development consent must notbe commenced until:

(a) a construction certificate for the building work has been issued by theconsent authority, the council (if the council is not the consent authority)or an accredited certifier, and

(b)the person having the benefit of the development consent has:

(i) appointed a principal certifying authority for the building work, and

(ii) notified the principal certifying authority that the person will carryout the building work as an owner-builder, if that is the case, and

(c) the principal certifying authority has, no later than 2 days before thebuilding work commences:



2007

(i) notified the consent authority and the council (if the council is notthe consent authority) of his or her appointment, and

(ii) notified the person having the benefit of the development consentof any critical stage inspections and other inspections that are to becarried out in respect of the building work, and

(d) the person having the benefit of the development consent, if not carryingout the work as an owner-building, has:

(i) appointed a principal contractor for the building work who must bethe holder of a contractor licence if any residential work is involved,and

(ii) notified the principal certifying authority of any such appointment,and

(iii) unless that person is the principal contractor, notified the principalcontractor of any critical stage inspection and other inspections thatare to be carried out in respect of the building work.

[PCW0215]

24. Prior to work commencing, a "Notice of Commencement of Building orSubdivision Work and Appointment of Principal Certifying Authority" shall besubmitted to Council at least 2 days prior to work commencing.

[PCW0225]

25. Residential building work:

(a) Residential building work within the meaning of the Home Building Act1989 must not be carried out unless the principal certifying authority forthe development to which the work relates (not being the council) hasgiven the council written notice of the following information:

(i) in the case of work for which a principal contractor is required to beappointed:

* in the name and licence number of the principal contractor,and

* the name of the insurer by which the work is insured underPart 6 of that Act,

(ii) in the case of work to be done by an owner-builder:

* the name of the owner-builder, and

* if the owner-builder is required to hold an owner builder permitunder that Act, the number of the owner-builder permit.

(b) If arrangements for doing the residential building work are changed whilethe work is in progress so that the information notified under subclause(1) becomes out of date, further work must not be carried out unless theprincipal certifying authority for the development to which the workrelates (not being the council) has given the council written notice of theupdated information.

[PCW0235]



2007

26. A temporary builder's toilet is to be provided prior to commencement of workat the rate of one (1) closet for every fifteen (15) persons or part of fifteen (15)persons employed at the site. Each toilet provided must be:-

(a)a standard flushing toilet connected to a public sewer, or

(b) if that is not practicable, an accredited sewage management facilityapproved by the council

[PCW0245]

27. Where prescribed by the provisions of the Environmental Planning andAssessment Amendment (Quality of Construction) Act 2003, a sign must beerected in a prominent position on any site on which building work, subdivisionwork or demolition work is being carried out:

(a) showing the name, address and telephone number of the principalcertifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any buildingwork and a telephone number on which that person may be contactedoutside working hours, and

(c) stating that unauthorised entry to the site is prohibited.

Any such sign is to be maintained while the building work, subdivision work ordemolition work is being carried out, but must be removed when the work hasbeen completed.

[PCW0255]

28. The building is to be protected from attack by termites by approved methodsin accordance with the provisions of Australian Standard AS 3660.1, and:

(a) Details of the proposed method to be used are to be submitted to andapproved by the Principal Certifying Authority prior to start of works; and

(b) Certification of the works performed by the person carrying out the worksis to be submitted to the PCA; and

(c) A durable notice must be permanently fixed to the building in a prominentlocation, such as in the electrical meter box indicating:-

(i) the method of protection; and

(ii) the date of installation of the system; and

(iii) where a chemical barrier is used, its life expectancy as listed on theNational Registration Authority label; and

(iv) the need to maintain and inspect the system on a regular basis.

Note: Underslab chemical treatment will not be permitted as the only methodof treatment unless the area can be retreated without major disruption to thebuilding.

[PCW0775]

29. Prior to commencement of work on the site all erosion and sedimentationcontrol measures are to be installed and operational including the provision ofa "shake down" area where required to the satisfaction of the PrincipalCertifying Authority.



2007

In addition to these measures the core flute sign provided with the stormwaterapproval under Section 68 of the Local Government Act is to be clearlydisplayed on the most prominent position of the sediment fence or erosioncontrol device which promotes awareness of the importance of the erosionand sediment controls provided.

Please note that this sign is to remain in position for the duration of theproject.

[PCW0985]

30. All roof waters are to be disposed of through properly jointed pipes to thestreet gutter, interallotment drainage or to the satisfaction of the PrincipalCertifying Authority. All PVC pipes to have adequate cover and installed inaccordance with the provisions of AS/NZS3500.3.2. Note All roof water mustbe connected to an interallotment drainage system where available. Adetailed stormwater and drainage plan is to be submitted to and approved bythe Principal Certifying Authority prior to commencement of building works.

[PCW1005]

31. It is the responsibility of the contractor to locate and identify all existingservices prior to commencing works and ensure there shall be no conflictbetween the proposed development and existing infrastructure including areasexternal to the development site where works are proposed.

[PCW0005]

32. Prior to start of building works provide a certificate of adequacy of design,signed by a practising Structural Engineer on any proposed retaining wall inexcess of 1.2m in height. The certificate must also address any loads orpossible loads on the wall from structures adjacent to the wall and besupported by Geotechnical assessment of the founding material.

[PCW0745]

DURING CONSTRUCTION

33. All proposed works to be undertaken are to be carried out in accordance withthe conditions of development consent, approved construction certificate,drawings and specifications.

[DUR0005]

34. Construction site work including the entering and leaving of vehicles is limitedto the following hours, unless otherwise permitted by Council: -

Monday to Saturday from 7.00am to 7.00pm

No work to be carried out on Sundays or Public Holidays

The proponent is responsible to instruct and control subcontractors regardinghours of work.

[DUR0205]

35. All building work (other than work relating to the erection of a temporarybuilding) must be carried out in accordance with the requirements of theBuilding Code of Australia (as in force on the date the application for therelevant construction certificate was made).

[DUR0375]



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36. Building materials used in the construction of the building are not to bedeposited or stored on Council's footpath or road reserve, unless priorapproval is obtained from Council.

[DUR0395]

37. The Principal Certifying Authority is to be given a minimum of 48 hours noticeprior to any critical stage inspection or any other inspection nominated by thePrincipal Certifying Authority via the notice under Section 81A of theEnvironmental Planning and Assessment Act 1979.

[DUR0405]

38. It is the responsibility of the applicant to restrict public access to the buildingsite, building works or materials or equipment on the site when building workis not in progress or the site is otherwise unoccupied in accordance withWorkCover 2000 Regulations.

[DUR0415]

39. The finished floor level of the building should finish not less than 225mmabove finished ground level.

[DUR0445]

40. All cut or fill on the property is to be battered at an angle not greater than 45within the property boundary, stabilised and provided with a dish drain orsimilar at the base in accordance with Councils adopted Design andConstruction Specifications, DCP16 and DCP47 to the satisfaction of thePrincipal Certifying Authority.

Please note timber retaining walls are not permitted.[DUR0835]

41. The development is to be carried out in accordance with the current BASIXcertificate and schedule of commitments approved in relation to thisdevelopment consent.

[DUR0905]

42. All work associated with this approval is to be carried out so as not to impacton the environment. All necessary precautions, covering and protection shallbe taken to minimise impact from: -

Noise, water or air pollution

Minimise impact from dust during filling operations and also fromconstruction vehicles

No material is removed from the site by wind[DUR1005]

43. The builder must provide an adequate trade waste service to ensure that allwaste material is contained, and removed from the site for the period ofconstruction.

[DUR2185]

44. Council is to be given 24 hours notice for any of the following inspections priorto the next stage of construction:

(a) internal drainage, prior to slab preparation;



2007

(b) water plumbing rough in, and/or stackwork prior to the erection of brickwork or any wall sheeting;

(c) external drainage prior to backfilling.

(d) completion of work and prior to occupation of the building.[DUR2485]

45. Plumbing

(a) A plumbing permit is to be obtained from Council prior to commencementof any plumbing and drainage work.

(b) The whole of the plumbing and drainage work is to be completed inaccordance with the requirements of the NSW Code of Practice forPlumbing and Drainage.

[DUR2495]

46. An isolation cock is to be provided to the water services for each unit in areadily accessible and identifiable position.

[DUR2505]

47. Overflow relief gully is to be located clear of the building and at a level not lessthan 150mm below the lowest fixture within the building and 75mm abovefinished ground level.A separate overflow relief gully shall be provided oneach block

[DUR2545]

48. All new hot water installations shall deliver hot water at the outlet of sanitaryfixtures used primarily for personal hygiene purposes at a temperature notexceeding:-

* 43.50C for childhood centres, primary and secondary schools andnursing homes or similar facilities for aged, sick or disabled persons; and

* 500C in all other classes of buildings.

A certificate certifying compliance with the above is to be submitted by thelicensed plumber on completion of works.

[DUR2555]

49. Where two (2) or more premises are connected by means of a single waterservice pipe, individual water meters shall be installed to each premisebeyond the single Council water meter (unless all the premises are occupiedby a single household or firm).

[DUR2615]

50. No soil, sand, gravel, clay or other material shall be disposed of off the sitewithout the prior written approval of Tweed Shire Council.

[DUR0985]

51. All reasonable steps shall be taken to muffle and acoustically baffle all plantand equipment. In the event of complaints from the neighbours, whichCouncil deem to be reasonable, the noise from the construction site is not toexceed the following:



2007

A. Short Term Period - 4 weeks.

L10 noise level measured over a period of not less than 15 minuteswhen the construction site is in operation, must not exceed thebackground level by more than 20dB(A) at the boundary of the nearestlikely affected residence.

B. Long term period - the duration.

L10 noise level measured over a period of not less than 15 minuteswhen the construction site is in operation, must not exceed thebackground level by more than 15dB(A) at the boundary of the nearestaffected residence.

[DUR0215]

52. All pumps used for any onsite dewatering operations shall be acousticallyshielded to the satisfaction of the General Manager or his delegate so as toprevent the emission of offensive noise as a result of their operation.

[DUR0235]

53. The use of vibratory compaction equipment (other than hand held devices)within 100m of any dwelling house is strictly prohibited.

[DUR0815]

54. Appropriate arrangements to the satisfaction of Council's General Manager orhis delegate shall be provided for the storage and removal of garbage andother waste materials. A screened, graded and drained garbage storage areashall be provided within the boundary.

[DUR2205]

55. Regular inspections shall be carried out by the Supervising Engineer on site toensure that adequate erosion control measures are in place and in goodcondition both during and after construction.

Additional inspections are also required by the Supervising Engineer aftereach storm event to assess the adequacy of the erosion control measures,make good any erosion control devices and clean up any sediment that hasleft the site or is deposited on public land or in waterways.

This inspection program is to be maintained until the maintenance bond isreleased or until Council is satisfied that the site is fully rehabilitated.

[DUR2375]

56. Appropriate measures are to be put in place during the construction period toprevent the transport of sediment from the site. Should any material betransported onto the road or any spills occur it is to be cleaned up prior tocessation of same days work and/or commencement of any rain event. Anywork carried out by Council to remove material from the roadway will be at theDevelopers expense and any such costs are payable prior to the issue of anOccupation Certificate.

[DUR2405]

57. The provision of adequate vehicular access in accordance with Council's"Vehicular Access to Property Construction Specification" pamphlet, including



2007

the provision of an invert crossing at the kerb and gutter to the satisfaction ofthe General Manager or his delegate.

Such to specifically include the following:

a) 150 millimetres thick reinforced with SL72 Mesh (unless modified by theapproved Section 138 Application).

b) Minimum sight lines for pedestrian safety at the property boundary, inaccordance with Council's "Driveway Access to Property - DesignSpecification - Part 1 July 2004".

Twenty four (24) hours notice is to be given to Council's Engineering &Operations Division before placement of concrete to enable formwork to beinspected. Failure to do so may result in rejection of the works and itsreconstruction.

[DUR0065]

58. Proposed earthworks shall be carried out in accordance with AS 3798,"Guidelines on Earthworks for Commercial and Residential Developments".

[DUR0785]

59. Landscaping of the site shall be carried out in accordance with thesubmitted/approved landscaping plans.

[DUR1045]

60. A concrete ribbon footpath 1.2 metres wide and 100 millimetres thick is to beconstructed on a compacted base along the entire frontage of the site inaccordance with Councils adopted Development Design and ConstructionSpecification, Standard Drawing S.D. 013 and the approved Section 138Application

Twenty four (24) hours notice is to be given to Council's Engineering &Operations Division before placement of concrete to enable formwork to beinspected. Failure to do so may result in rejection of the works and itsreconstruction.

[DUR1735]

61. The proponent must not undertake any work within the public road reservewithout giving Council's Engineering & Operations Division forty eight (48)hours notice of proposed commencement. Failure to comply with thiscondition may result in a stop work notice being issued and/or rejection of theworks undertaken.

[DUR1845]

62. Any damage caused to public infrastructure (roads, footpaths, water andsewer mains, power and telephone services etc) during construction of thedevelopment shall be repaired in accordance with Councils adopted Designand Construction Specifications prior to any use or occupation of thebuildings.

[DUR1875]

63. The proponent shall comply with all requirements tabled within any approvalissued under Section 138 of the Roads Act.

[DUR1885]



2007

64. Where the kerb is to be removed for driveway laybacks, stormwaterconnections, or any other reason, the kerb must be sawcut on each side of thework to enable a neat and tidy joint to be constructed.

[DUR1905]

65. All retaining walls in excess of 1.2 metres in height must be certified by aQualified Structural Engineer verifying the structural integrity of the retainingwall after construction. Certification to be provided to the PCA prior to issue ofOccupation Certificate.

[DUR1955]

66. During construction, a "satisfactory inspection report" is required to be issuedby Council for all s68h2 permanent stormwater quality control devices, prior tobackfilling. The proponent shall liaise with Councils Engineering andOperations Division to arrange a suitable inspection.

[DUR2445]

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

67. A person must not commence occupation or use of the whole or any part of anew building or structure (within the meaning of Section 109H(4)) unless anoccupation certificate has been issued in relation to the building or part(maximum 25 penalty units).

[POC0205]

68. Prior to the issue of an occupation certificate,

(a) Certification of termite protection methods performed by the personcarrying out the works is to be submitted to the PCA; and

(b) A durable notice must be permanently fixed to the building in a prominentlocation, such as in the electrical meter box indicating:-



(iii) where a chemical barrier is used, its life expectancy as listed on theNational Registration Authority label; and

(iv) the need to maintain and inspect the system on a regular basis.[POC0235]

69. Prior to the issue of a final occupation certificate adequate proof and/ordocumentation is to be submitted to the Principal Certifying Authority toidentify that all commitment on the BASIX "Schedule of Commitments" havebeen complied with.

[POC0435]

70. Prior to the occupation or use of any building and prior to the issue of anyoccupation certificate, including an interim occupation certificate, a finalinspection report is to be obtained from Council in relation to the plumbing anddrainage works.

[POC1045]



2007

71. Prior to issue of an occupation certificate, all works/actions/inspections etcrequired at that stage by other conditions or approved management plans orthe like shall be completed in accordance with those conditions or plans.

[POC0005]

72. All landscaping work is to be completed in accordance with the approvedplans prior to any use or occupation of the building.

[POC0475]

73. Prior to the issue of an occupation certificate, the applicant shall produce acopy of the "satisfactory inspection report" issued by Council for all s68h2permanent stormwater quality control devices.

[POC0985]

USE

74. The use to be conducted so as not to cause disruption to the amenity of thelocality, particularly by way of the emission of noise, dust, fumes or the like.

[USE0125]

75. All externally mounted air conditioning units and other mechanical plant orequipment are to be located so that any noise impact due to their operationwhich may be or is likely to be experienced by any neighbouring premises isminimised, not withstanding this requirement all air conditioning units andother mechanical plant and or equipment is to be acoustically treated orshielded where considered necessary to the satisfaction of the GeneralManager or his delegate such that the operation of any air conditioning unit,mechanical plant and or equipment does not result in the emission ofoffensive noise.

[USE0175]


P3 [PD-PC] Development Application DA06/0413 for a Staged Seniors LivingDevelopment Under SEPP (Seniors Living) 2004 Comprising 84Independent Living Units, 94 Supported Living Units and 67 Beds withina High Care Facility at Lot 1 DP 786570, No. 87-89 Tweed Coast Road,Hastings Point

The following persons addressed the Planning Committee on this item:

Julie BoydGary ThorpeMr Jerry Cornford (Tweed Monitor)Mr Bob VerrillsMr Alan McIntoshMr Peter NeilsenDanny Gillies (on behalf of applicant)



2007


Council notes that in relation to this Development Application DA06/0413 the writtenoffers by the land owner and applicant to the existing permanent residents of thecaravan park do not form any part of the determination of the application byCouncil, as the offers are covered under separate legislation and are privatearrangements between parties.


RECOMMENDED that: -

A. Council assumes the Director-General's concurrence to vary Clause 32B(4)(b) of the North Coast Regional Environmental Plan as it relates to avariation to the extent of shadow impacts to the adjacent Council Reserve tothe south and the Coastal Reserve east of the site at 4pm on the midwintersolstice in accordance with State Environmental Planning Policy No. 1.

B. That Development Application DA06/0413 for a staged seniors livingdevelopment under SEPP (Seniors Living) 2004 comprising 84 independentliving units, 94 supported living units and 67 beds within a high care facility atLot 1 DP 786570, No. 87-89 Tweed Coast Road Hastings Point be approvedsubject to the deletion of condition 3 and the amendment of condition 31 toread the following:

A detailed plan of landscaping is to be submitted and approved by Council'sGeneral Manager or his delegate prior to the issue of a ConstructionCertificate, for each stage.

Watering for maintaining the approved landscaping is to be provided by way ofonsite rainwater storage tanks. The capacity and location of the water tanksto be included in the landscaping plan for approval by Council.

GENERAL

1. The development shall be completed in accordance with the StateEnvironmental Planning Policy (Senior Living) 2004 and the Statement ofEnvironmental Effects and Plans as follows:

Overall Site Plan TP01 Rev N prepared by R.H Frankland andAssociates and dated 30/10/2006;

Overall Unit Details TP11 Rev B prepared by R.H Frankland andAssociates and dated 03/04/2006;

Stage 1:

ST01 Rev D prepared by R.H Frankland and Associates and dated30/10/2006,

TP02 Rev D prepared by R.H Frankland and Associates and dated24/03/2006,




2007


TP05 Rev E prepared by R.H Frankland and Associates and dated19/09/2006,

TP06 Rev E prepared by R.H Frankland and Associates and dated19/09/2006

Stage 2:

ST02 Rev B prepared by R.H Frankland and Associates and dated03/04/2006,

TP07 Rev G prepared by R.H Frankland and Associates and dated19/09/2006,

TP08 Rev D prepared by R.H Frankland and Associates and dated03/042006,

Stage 3:

ST03 Rev C prepared by R.H Frankland and Associates and dated02/10/2006,


TP010 Rev D prepared by R.H Frankland and Associates anddated 19/04/2006, and

Stage 4:

ST04 Rev B prepared by R.H Frankland and Associates and dated02/10/2006,

except where varied by the conditions of this consent.[GEN0005]

2. In accordance with State Environmental Planning Policy (Seniors Living)2004, the following restrictions on occupation of senior housing allowedis as follows: -

(a) seniors or people who have a disability;

(b) people who live within the same household with seniors or peoplewho have a disability;

(c) staff employed to assist in the administration of and provision ofservices to housing provided under this policy

[GEN0005]

3. DELETED

4. The applicant is to progressively surrender all previous consents as thedevelopment stages are complete in accordance with Section 80A(5) ofthe Environmental Planning and Assessment Act 1979 and Clause 97 ofthe Environmental Planning and Assessment Regulations 2000.

[GENNS03]



2007

5. Notwithstanding the issue of this development consent, separate consentfrom Council under Section 138 of the Roads Act 1993, must beobtained prior to any works taking place on a public road including theconstruction of new driveway access (or modification of access).Applications for consent under Section 138 must be submitted onCouncil's standard application form and be accompanied by the requiredattachments and prescribed fee.

[GEN0045]

6. The issue of this Development Consent does not certify compliance withthe relevant provisions of the Building Code of Australia.

[GEN0115]

7. All signage is to be fitted with necessary devices capable of permittingthe change in intensity of illumination of the sign in order to regulateglare or other like impacts.

[GEN0075]

8. All works shall be completed in accordance with the recommendation ofthe Environmental Noise Impact Assessment (Jay Carter AcousticConsultant, January 2006). Prior to occupation or use of the building avalidation statement from a suitably qualified person shall be provided toCouncil which confirms compliance with requirements for the acousticwall and acoustic treatment of building facades.

9. Surface water monitoring in Cudgera Creek shall comply with theEnvironmental Monitoring Program (Bushfiresafe (Aust) P/L, December2005). Results shall be maintained on site and provided to Councilofficers upon request.

10. All works shall comply with the Erosion and Sediment Control Plan(Cozens, Regan, Williams, Prove, March 2006).

11. All works shall comply with the management strategies identified underPart 3.5 of the CRG Traffic and Acoustical Consultants letter dated 22September 2006.

12. Amendments and upgrades to the existing caravan park shall complywith Part 5 Recommendations, of the Compliance Report - CaravanPark, HMC March 2006 (Report No.2006.112a) and the stagescommunity maps included in that Report.

13. The caravan park shall be constructed and operated in accordance withSubdivisions 1-8 of Division 3 of the Local Government (ManufacturedHome Estates, Caravan Parks, Camping Grounds and MoveableDwellings) Regulations 2005.

14. The development shall comply with Public Health (Microbial Control)Regulation 2000 and NSW Health Policy Directive PD2006_078,Microbial Sampling - Warm Water Systems including thermostatic mixingvalves (10 October 2006).

[GENNS01]



2007

15. In accordance with the Tweed Coast Estuaries Management Plan 2004-2008 a buffer between the development and Cudgera Creek shall beprovided as indicated on the approved plans. The buffer will comprise a20 metre core buffer of dense local native vegetation, rehabilitated orreplanted as necessary, and ranging from the surveyed top of bank to aline 20 metres to the east; and a residue (up to 30m) outer buffer ofplanted native vegetation of lesser density which has limited potential forcompatible land uses, such as parkland and other recreational uses, andcan include asset protection zone and stormwater capture and infiltrationfunctions.

16. This consent does not authorise any clearing of native vegetation, fillingor draining of any land within the revised and accepted SEPP 14boundary as delineated on Plan No 05170 Sheet Number TP16 RevisionB dated 18/10/2006 and prepared by RH Franklin & Associates.

17. Advertising structures/signs to be the subject of a separate developmentapplication, where statutorily required.

[GEN0065]

18. Submission of a further Development Application(s) for the first use ofthe shops, if different in nature to that shown on the approved plans,such to be approved by Council prior to their use or occupation.

[GEN0055]

19. The front fence shall not exceed 1.2m in height.[GEN0095]

20. The development is to be carried out in accordance with Tweed ShireCouncil Development Control Plan, Part A5 - Subdivisions Manual andCouncils adopted Development Design and Construction Specifications.

[GEN0125]

21. All water sensitive design facilities designated in the approved WaterManagement Plan (WMP) shall be installed in accordance with relevantstandards and specifications. The landholder shall operate and maintainin perpetuity all water sensitive design facilities designated in the WMP.This includes retaining in perpetuity the minimum permeable site areaand deep planting areas for natural infiltration of stormwater, as specifiedby Clause 2.2.1(ii) of Tweed Shire Council Development Control Plan,Part A14 Cut and Fill on Residential Land.

[GEN0175]

22. Approval is given subject to the location of, protection of, and/or anynecessary modifications to any existing public utilities situated within oradjacent to the subject property.

[GEN0135]

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

23. A certificate of compliance (CC) under Sections 305, 306 and 307 of theWater Management Act 2000 is to be obtained from Council to verify thatthe necessary requirements for the supply of water and sewerage to thedevelopment have been made with the Tweed Shire Council.



2007



Stage 1

Water DSP6: 11.4 ET @ $4598 $52,417

Sewer Hastings Point: 12.4 ET @ $2863 $35,501

Stage 2

Water DSP6: 31.2 ET @ $4598 $143,458

Sewer Hastings Point: 39 ET @ $2863 $111,657

Stage 3

Water DSP6: 45.3 ET @ $4598 $208,289

Sewer Hastings Point: 65 ET @ $2863 $186,095



Note: The Environmental Planning and Assessment Act, 1979 (asamended) makes no provision for works under the Water ManagementAct 2000 to be certified by an Accredited Certifier.

[PCC0265/PSC0165]

24. Section 94 Contributions





2007




Stage 1

(a) Open Space (Structured): $26,007

S94 Plan No. 5

(b) Open Space (Casual): $4,810

S94 Plan No. 5

(c) Shirewide Library Facilities: $22,951

S94 Plan No. 11

(d) Eviron Cemetery/Crematorium Facilities: $4,590

S94 Plan No. 13

(e) Community Facilities (Tweed Coast - South) $14,600

S94 Plan No. 15

South Coast

(f) Emergency Facilities (Surf Lifesaving) $3,227

S94 Plan No. 16

(g) Cycleways $2,481

S94 Plan No. 22

(h) Regional Open Space (Casual) $6,137

S94 Plan No. 26

Stage 2



Sector8a_4



2007

(b) Open Space (Structured): $27,028

S94 Plan No. 5

(c) Open Space (Casual): $6,605

S94 Plan No. 5

(d) Shirewide Library Facilities: $23,851

S94 Plan No. 11

(e) Bus Shelters: $576

S94 Plan No. 12

(f) Eviron Cemetery/Crematorium Facilities: $4,770

S94 Plan No. 13

(g) Community Facilities (Tweed Coast - South) $20,051

S94 Plan No. 15

South Coast

(h) Emergency Facilities (Surf Lifesaving) $6,943

S94 Plan No. 16

(i) Extensions to Council Administration Offices


S94 Plan No. 18

(j) Cycleways $12,190

S94 Plan No. 22

(k) Regional Open Space (Casual) $29,627

S94 Plan No. 26

Stage 3



Sector8a_4

(b) Open Space (Structured): $13,259

S94 Plan No. 5

(c) Open Space (Casual): $6,413

S94 Plan No. 5



2007

(d) Shirewide Library Facilities: $41,852

S94 Plan No. 11

(e) Bus Shelters: $1,488

S94 Plan No. 12

(f) Eviron Cemetery/Crematorium Facilities: $8,370

S94 Plan No. 13

(g) Community Facilities (Tweed Coast - South) $19,467

S94 Plan No. 15

South Coast

(h) Emergency Facilities (Surf Lifesaving) $4,216

S94 Plan No. 16

(i) Extensions to Council Administration Offices


S94 Plan No. 18

(j) Cycleways $5,980

S94 Plan No. 22

(k) Regional Open Space (Casual) $36,577

S94 Plan No. 26

[PCC0215/PSC0175]

25. Where a private certifier is appointed, prior to release of the constructioncertificate, documentation shall be provided to the satisfaction ofCouncil's General Manager or his delegate detailing the construction ofthe food premises.

[PCC0745]

26. In accordance with Section 68 of the Local Government Act, 1993, anypremises proposing to discharge into Councils sewerage system a wastewater other than domestic sewage, shall submit to Council a completedapplication for a Trade Waste Licence. This application is to beapproved by Tweed Shire Council PRIOR to the issuing of aConstruction Certificate to discharge to Councils sewerage system.

[PCC1255]

27. Prior to the issue of a Construction Certificate for each stage aConstruction management Plan shall be submitted to the satisfaction ofthe Director of Environment and Community Services. All works shallcomply with the approved plan.



2007

28. Prior to the issue of a Construction Certificate for each stage an AcidSulfate Soils Management plan shall be submitted to the satisfaction ofthe Director of Environment and Community Services. Additional soilsampling shall be completed across the site. All works shall comply withthe approved plan.

29. Prior to release of the Construction Certificate for each stage Councilshall be provided with a groundwater monitoring program to thesatisfaction of Director of Environment and Community Services. Allresults shall be reported to Council on a minimum quarterly basis. Allworks shall comply with that program. Should any contaminants aboverelevant thresholds be detected all works shall cease and a remediationaction plan shall be submitted for the approval of Director of Environmentand Community Services.

[PCCNS01]

30. Prior to issue of the Construction Certificate for Stage 1 a detailedRestoration and Planting Plan for the Creek buffer from Cudgera Creekshall be submitted to the satisfaction of Council. The Restoration andPlanting Plan shall incorporate the information supplied within therevised Regeneration Plan by Bushfiresafe (December 2005), shalladhere to the species lists contained within Appendix 1: Work UnitPlanting Key of that plan, and shall provide the following additionalinformation:

(a) A site plan or plans at a scale of 1:1000 or greater for the whole siteclearly indicating:

(i) the 20 metre core buffer and residue (up to 30 metre) outerbuffer for the whole site and proposed treatment (restorationor planting) and native plant schedules applying to each;

(ii) final building design and locations;

(iii) mapped extent of existing vegetation communities;

(iv) proposed location, botanical name, mature height and spreadof planted shrubs, trees and ground covers;

(v) overall density to be achieved, in stems per hectare, for the 20metre core buffer and 30 metre outer buffer;

(vi) density of each life form (tree, shrub and ground cover)proposed for the 20 metre core buffer;

(vii) the location of any trees identified for retention in thedevelopment application plans;

(viii) location of grassed areas, boardwalk (if any), paved areas (ifany) and stormwater infrastructure including swales andinfiltration basins.

(b) Planting techniques, maintenance details and timing including all ofthe following or statements of alternate approaches:

(i) site preparation;



2007

(ii) planting methods;

(iii) spacing;

(iv) staking, tying and tree guards;

(v) mulching, watering and irrigation systems;

(vi) maintenance, including fertilising and inspections.

(c) A program of works to remove invasive weed species includingtreatment methods for each species;

(d) A schedule of timing of proposed works and a maintenanceschedule for a period not less than 5 years;

(e) Performance indicators and adaptive management techniques todeal with failure;

(f) Monitoring and reporting details.

31. A detailed plan of landscaping is to be submitted and approved byCouncil's General Manager or his delegate prior to the issue of aConstruction Certificate, for each stage.

Watering for maintaining the approved landscaping is to be provided byway of onsite rainwater storage tanks. The capacity and location of thewater tanks to be included in the landscaping plan for approval byCouncil.

32. A detailed plan of colours and finishes is to be submitted and approvedby Council's General Manager or his delegate prior to the issue of aConstruction Certificate, for each stage.

[PCC0585]

33. Design detail shall be provided to address the flood compatibility of theproposed structure including the following specific matters:

(a) The habitable and operational areas of the building are to be at alevel no less than 500mm above the design flood level of RL 2.4AHD.

(b) The facility should be provided with a back-up power source shouldelectricity supply to the facility be interrupted during floodingemergencies.

(c) The facility may be isolated by road during large flood eventsrequiring residents and staff to shelter within the facility for anextended period of time. Contingency plans for the ongoing care ofresidents throughout a flood emergency, with regard to staffing,continuous medical, food and water supply, sewerage and wastemanagement, options for re-supply, and options for the evacuationof high care and at risk residents due to medical emergency shouldbe discussed with the NSW State Emergency Service (SES), forinclusion within a Flood Management Plan for the facility.

[PCC0705]



2007

34. Any carparking floodlighting shall not spill beyond the boundaries of thesite. Lighting shall comply with AS 4282 and other relevant AustralianStandards. A plan of the lighting shall be approved by the PrincipalCertifying Authority PRIOR to the issue of a Construction Certificate, foreach stage.

[PCC0055]

35. The developer shall provide a minimum 132 parking spaces and twoambulance parks including parking for the disabled in accordance withTweed Shire Council Development Control Plan, Part A2, AS 2890 andAustroads Part 11.

Full design detail of the proposed parking and manoeuvring areasincluding integrated landscaping shall be submitted to and approved bythe Principal Certifying Authority prior to the issue of a constructioncertificate.

[PCC0065]

36. All imported fill material shall be from an approved source. Prior to theissue of a construction certificate details of the source of fill,documentary evidence that the fill material is free of any contaminantsand haul route shall be submitted to Tweed Shire Council for approval.

[PCC0465]

37. The site is to be filled to a minimum level of RL 2.4m AHD. The fill is tobe retained by perimeter structural walls with concrete lined perimeterdrainage or other approved treatment. Site filling and associateddrainage is to be designed to address drainage on the site as well asexisting stormwater flows onto or through the site, and minimizing theimpact of filing on local drainage. Detailed engineering plans of fill levelsand perimeter drainage shall be submitted with a S68 stormwaterapplication for Council approval.

[PCC0675]

38. The basement car parking is to be protected against the inflow of waterto a level of 500mm above the design flood level of RL 2.4m AHD inaccordance with Tweed Shire Council Development Control Plan, PartA3 - Development of Flood Liable Land. A detailed design of thebasement stormwater pump out system is to be provided designed for astorm event with a 10 year average return interval (ARI 10) and theconsequences of pump failure and the 100 year ARI storm event mustbe addressed and included with the above details prior to the issue of aConstruction Certificate.

[PCC0685]

39. Application shall be made to Tweed Shire Council under Section 138 ofthe Roads Act 1993 for any works within the road reserve.

[PCC0885]

40. Application shall be made to Tweed Shire Council under Section 138 ofthe Roads Act 1993 for works pursuant to this consent located within theroad reserve. Application shall include engineering plans andspecifications for the following required works: -



2007

(a) provision of kerb and gutter for the full frontage of the site.

(b) provision of a bus set down / collection bay in accordance withAustroads Part 11 - Parking.

(c) provision of sheltered right turn and left turn lanes into the site inaccordance with Austroads Pt 5–Intersections at Grade.

(d) Provision of vehicular access in accordance with Tweed ShireCouncil Development Control Plan, Part A2, and AS 2890.

The above mentioned engineering plan submission must include copiesof compliance certificates relied upon and details relevant to but notlimited to the following: -

Road works/furnishings

Stormwater drainage

Water and sewerage works

Sediment and erosion control plans

Location of all services/conduits

Traffic control plan[PCC0895]

41. The footings and floor slab are to be designed by a practising StructuralEngineer after consideration of a soil report from a NATA accredited soiltesting laboratory and shall be submitted to and approved by thePrincipal Certifying Authority prior to the issue of a constructioncertificate.

Certification shall take into consideration the matters raised by CoffeyGeosciences within the preliminary geotechnical assessment tabled inthe Statement of Environmental Effects

[PCC0945]

42. Prior to the issue of a Construction Certificate the following detail inaccordance with Councils adopted Development Design andConstruction Specifications shall be submitted to the Principal CertifyingAuthority for approval.

(a) copies of compliance certificates relied upon

(b) four (4) copies of detailed engineering plans and specifications.The detailed plans shall include but are not limited to the following:

earthworks

internal roadworks/pavement design/furnishings

stormwater drainage

water supply works

sewerage works



2007

landscaping works

sedimentation and erosion management plans

location of all service conduits (water, sewer, Country Energyand Telstra)

Note: The Environmental Planning and Assessment Act, 1979 (asamended) makes no provision for works under the Water ManagementAct 2000 and Section 138 of the Roads Act to be certified by anAccredited Certifier.

[PCC0985

43. Permanent stormwater quality treatment shall be provided in accordancewith the following:

(a) The Construction Certificate Application shall include a detailedstormwater management plan (SWMP) for the occupational or usestage of the development prepared in accordance with SectionD7.07 of Councils Development Design Specification D7 -Stormwater Quality.

(b) Permanent stormwater quality treatment shall comply with section5.5.3 of the Tweed Urban Stormwater Quality Management Planand Councils Development Design Specification D7 - StormwaterQuality.

(c) The stormwater and site works shall incorporate water sensitivedesign principles and where practical, integrated water cyclemanagement. Typical water sensitive features include infiltration,maximising permeable/landscaped areas, stormwater retention/detention/reuse, and use of grass swales in preference to hardengineered drainage systems.

(d) Specific Requirements to be detailed within the Constructioncertificate application include:

(i) Shake down area along the haul route immediately before theintersection with the road reserve.

(ii) all road, open car parking and basement car parking stormwater shall be treated (GPT etc)and infiltrated (infiltrationbasin etc) before surcharging / overtopping via sheet flow toCudgera Creek

[PCC1105]

44. Disposal of stormwater by means of infiltration devices shall be carriedout in accordance with Section D7.9 of Tweed Shire Councils adoptedDevelopment Design and Construction Specification - StormwaterQuality.

[PCC1125]

45. Stormwater

(a) Details of the proposed roof water disposal, including surchargeoverland flow paths are to be submitted to and approved by the



2007

Principal Certifying Authority prior to the issue of a ConstructionCertificate. These details shall include likely landscaping within theoverland flow paths.

(b) All roof water shall be discharged to infiltration pits located whollywithin the subject allotment.

(c) The infiltration rate for sizing infiltration devices shall be 3m perday:

(i) As a minimum requirement, infiltration devices are to be sizedto accommodate the ARI 3 month storm (deemed to be 40%of the ARI one year event) over a range of storm durationsfrom 5 minutes to 24 hours and infiltrate this storm within a 24hour period, before surcharging occurs.

(d) Surcharge overflow from the infiltration area to the street gutter,inter-allotment or public drainage system must occur by visiblesurface flow, not piped.

(e) Runoff is to be pre-treated to remove contaminants prior to entryinto the infiltration areas (to maximise life of infiltration areasbetween major cleaning/maintenance overhauls).

(f) If the site is under strata or community title, the community title planis to ensure that the infiltration areas are contained within commonland that remain the responsibility of the body corporate (to ensurecontinued collective responsibility for site drainage).

(g) All infiltration devices are to be designed to allow for cleaning andmaintenance overhauls.

(h) All infiltration devices are to be designed by a suitably qualifiedEngineer taking into account the proximity of the footings for theproposed/or existing structures on the subject property, andexisting or likely structures on adjoining properties.

(i) All infiltration devices are to be located clear of stormwater or sewereasements.

[PCC1135]

46. A construction certificate application for works that involve any of thefollowing:-

connection of a private stormwater drain to a public stormwaterdrain

installation of stormwater quality control devices

erosion and sediment control works

will not be approved until prior separate approval to do so has beengranted by Council under section 68 of the Local Government Act 1993.

Applications for these works must be submitted on Council's standards68 stormwater drainage application form accompanied by the requiredattachments and the prescribed fee.

[PCC1145]



2007

47. Erosion and Sediment Control shall be provided in accordance with thefollowing:

(a) The Construction Certificate Application must include a detailederosion and sediment control plan prepared in accordance withSection D7.07 of Development Design Specification D7 -Stormwater Quality.

(b) Construction phase erosion and sediment control shall bedesigned, constructed and operated in accordance with TweedShire Council Development Design Specification D7 - StormwaterQuality and its Annexure A - “Code of Practice for Soil and Water Management on Construction Works”.

[PCC1155]

48. The peak stormwater flow rate that may be discharged from the site tothe public realm, in events of intensity up to the ARI 100 year designstorm, shall be 200 l/s/ha. OSD devices including discharge control pits(DCP) are to comply with standards in The Upper Parramatta RiverCatchment Trust "On-Site Stormwater Detention Handbook, ThirdEdition, December 1999" except that permissible site discharge (PSD)and site storage requirements (SSR) in the handbook do not apply toTweed Shire.

All stormwater must initially be directed to the DCP.[PCC1165]

49. Medium density/integrated developments will be required to provide asingle bulk water service at the road frontage. Individual meteringbeyond this point shall be managed by occupants. Application for thebulk metre shall be made to the supply authority detailing the size inaccordance with NSW Code of Practice - Plumbing and Drainage andBCA requirements.

Note: The Environmental Planning and Assessment Act, 1979 (asamended) makes no provision for works under the Water ManagementAct, 2000 to be certified by an Accredited Certifier.

[PCC1185]

50. An application shall be lodged and approved by Tweed Shire Councilunder Section 68 of the Local Government Act for any water, sewerageor drainage works prior to the issue of a construction certificate.

[PCC1195]

51. Applications for construction certificates shall include detail of allinfrastructure to be provided for each stage of development ensuring thatadequate stormwater quality control measures, parking and manoeuvringareas and provision of service shall be put in place.



2007

PRIOR TO COMMENCEMENT OF WORK

52. The erection of a building in accordance with a development consentmust not be commenced until:

(a) a construction certificate for the building work has been issued bythe consent authority, the council (if the council is not the consentauthority) or an accredited certifier, and

(b) the person having the benefit of the development consent has:

(i) appointed a principal certifying authority for the building work,and

(ii) notified the principal certifying authority that the person willcarry out the building work as an owner-builder, if that is thecase, and

(c) the principal certifying authority has, no later than 2 days before thebuilding work commences:

(i) notified the consent authority and the council (if the council isnot the consent authority) of his or her appointment, and

(ii) notified the person having the benefit of the developmentconsent of any critical stage inspections and other inspectionsthat are to be carried out in respect of the building work, and

(d) the person having the benefit of the development consent, if notcarrying out the work as an owner-building, has:

(i) appointed a principal contractor for the building work whomust be the holder of a contractor licence if any residentialwork is involved, and

(ii) notified the principal certifying authority of any suchappointment, and

(iii) unless that person is the principal contractor, notified theprincipal contractor of any critical stage inspection and otherinspections that are to be carried out in respect of the buildingwork.

[PCW0215]

53. Prior to work commencing, a "Notice of Commencement of Building orSubdivision Work and Appointment of Principal Certifying Authority" shallbe submitted to Council at least 2 days prior to work commencing.

[PCW0225]

54. Residential building work:

(a) Residential building work within the meaning of the Home BuildingAct 1989 must not be carried out unless the principal certifyingauthority for the development to which the work relates (not beingthe council) has given the council written notice of the followinginformation:



2007

(i) in the case of work for which a principal contractor is requiredto be appointed:

* in the name and licence number of the principalcontractor, and

* the name of the insurer by which the work is insuredunder Part 6 of that Act,

(ii) in the case of work to be done by an owner-builder:

* the name of the owner-builder, and

* if the owner-builder is required to hold an owner builderpermit under that Act, the number of the owner-builderpermit.

(b) If arrangements for doing the residential building work are changedwhile the work is in progress so that the information notified undersubclause (1) becomes out of date, further work must not becarried out unless the principal certifying authority for thedevelopment to which the work relates (not being the council) hasgiven the council written notice of the updated information.

[PCW0235]

55. A temporary builder's toilet is to be provided prior to commencement ofwork at the rate of one (1) closet for every fifteen (15) persons or part offifteen (15) persons employed at the site. Each toilet provided must be:-

(a) a standard flushing toilet connected to a public sewer, or

(b) if that is not practicable, an accredited sewage management facilityapproved by the council

[PCW0245]

56. Where prescribed by the provisions of the Environmental Planning andAssessment Amendment (Quality of Construction) Act 2003, a sign mustbe 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 principalcertifying authority for the work, and

(b) showing the name of the principal contractor (if any) for anybuilding work and a telephone number on which that person maybe contacted outside working hours, and

(c) stating that unauthorised entry to the site is prohibited.

Any such sign is to be maintained while the building work, subdivisionwork or demolition work is being carried out, but must be removed whenthe work has been completed.

[PCW0255]

57. The building is to be protected from attack by termites by approvedmethods in accordance with the provisions of Australian Standard AS3660.1, and:



2007

(a) Details of the proposed method to be used are to be submitted toand approved by the Principal Certifying Authority prior to start ofworks; and

(b) Certification of the works performed by the person carrying out theworks is to be submitted to the PCA; and

(c) A durable notice must be permanently fixed to the building in aprominent location, such as in the electrical meter box indicating:-



(iii) where a chemical barrier is used, its life expectancy as listedon the National Registration Authority label; and

(iv) the need to maintain and inspect the system on a regularbasis.

Note: Underslab chemical treatment will not be permitted as the onlymethod of treatment unless the area can be retreated without majordisruption to the building.

[PCW0775]

58. Prior to commencement of work on the site all erosion and sedimentationcontrol measures are to be installed and operational including theprovision of a "shake down" area where required to the satisfaction of thePrincipal Certifying Authority.

[PCW0985]

59. An application to connect to Council's sewer or carry out plumbing anddrainage works, together with any prescribed fees including inspectionfees, is to be submitted to and approved by Council prior to thecommencement of any building works on the site.

[PCW1065]

60. Any business or premises proposing to discharge a pollutant dischargegreater than or differing from domestic usage is to submit to Council anapplication for a Trade Waste Licence. This application is to beapproved by Council prior to any discharge to sewer being commenced.A trade waste application fee will be applicable in accordance withCouncils adopted Fees and Charges.

[PCW1075]

61. Prior to the commencement of work the Principal Certifying Authority isto be provided with and approve details of the kitchen exhaust system.Such details are to include the location of discharge to the air, capturevelocity, size of hood and angle of filters. The system shall comply withAustralian Standards SAA 1668 Part 2 Ventilation Requirements.

[PCW0575]

62. Prior to commencement of any stage of the seniors living developmentapplication shall be made to Council to amend the existing caravan parkfacilities, Section 68 approval to operate and community map. Thisapplication shall be supported by a report from a suitable person which



2007

details the necessary changes (roads, site layout, self containeddwellings, amenities, parking, fire hose reels etc) and certifiescompliance with the Local Government (Manufactured Homme Estates,Caravan Parks, Camping Grounds and Moveable Dwellings) Regulations2005. An amended Section 68 approval shall be obtained and theamendments to the caravan park completed to the satisfaction of theDirector of Environment and Community Services, prior tocommencement of construction of the relevant stage of the seniors livingdevelopment.

63. Prior to the removal of existing amenities in the caravan park allremaining dwellings on the site shall be self contained to the satisfactionof Director of Environment and Community Services.

[PCWNS01]

64. Sewer main, stormwater line or other underground infrastructure within oradjacent to the site is to be accurately located and the Principal CertifyingAuthority advised of its location and depth prior to start of any buildingworks.

[PCW0965]

65. Prior to the commencement of works a highly visible and durable trafficbarrier shall be erected parallel with the surveyed top of creek bank andlocated at the eastern extent of the dripline of riparian vegetation for thefull length of the development site. An exception can be made for thearea notated as “existing residential accommodation abutting riparian margin” on the Bushfiresafe plan contained in Appendix 5 of the Marine Flora and Fauna Report (December 2005), until such time as theseresidences are removed. No machinery shall enter beyond the trafficbarrier and no stockpiling or storage of materials, plant or equipmentshall occur within this zone, or in any case within 10 metres of the creektop of bank. The traffic barrier is to remain at all times during earthworksand construction activities but may be removed between developmentstages.

66. Prior to commencement of Stage 3 the applicant and current ownersare to fund a formalised viewing and/or access point to the Creek. Thefinal design and development approval shall be co-ordinated throughliaising with Tweed Shire Council's Recreational Services Unit andCouncil's Waterways and Coast Co-Ordinator.

[PCWNS01]

67. Prior to commencement of Stage 3 the applicant and current ownersare to fund an upgrade of beach access opposite the subject site. Thefinal design and development approval shall be co-ordinated throughliaising with Tweed Shire Council's Recreational Services Unit andCouncil's Waterways and Coast Co-Ordinator.



2007

DURING CONSTRUCTION

68. All proposed works to be undertaken are to be carried out in accordancewith the conditions of development consent, approved constructioncertificate, drawings and specifications.

[DUR0005]

69. Construction site work including the entering and leaving of vehicles islimited to the following hours, unless otherwise permitted by Council: -

Monday to Saturday from 7.00am to 7.00pm

No work to be carried out on Sundays or Public Holidays

The proponent is responsible to instruct and control subcontractorsregarding hours of work.

[DUR0205]

70. All building work (other than work relating to the erection of a temporarybuilding) must be carried out in accordance with the requirements of theBuilding Code of Australia (as in force on the date the application for therelevant construction certificate was made).

[DUR0375]

71. Building materials used in the construction of the building are not to bedeposited or stored on Council's footpath or road reserve, unless priorapproval is obtained from Council.

[DUR0395]

72. The Principal Certifying Authority is to be given a minimum of 48 hoursnotice prior to any critical stage inspection or any other inspectionnominated by the Principal Certifying Authority via the notice underSection 81A of the Environmental Planning and Assessment Act 1979.

[DUR0405]

73. All work associated with this approval is to be carried out so as not toimpact on the environment. All necessary precautions, covering andprotection shall be taken to minimise impact from: -

Noise, water or air pollution

Minimise impact from dust during filling operations and also fromconstruction vehicles

No material is removed from the site by wind[DUR1005]

74. Where a building or part of a building is required, under the provisions ofSection D of the Building Code of Australia, to be accessible to permituse by people with disabilities, prominently displayed signs and symbolsshall be provided to identify accessible routes, areas and facilities. Thesignage, including Braille or tactile signage, should be installed inaccordance with the relevant provisions of the Building Code of Australiaand achieve the minimum design requirements provided under AS1428.

[DUR1695]



2007

75. Where access for people with disabilities is required to be provided to abuilding, sanitary facilities for the use of the disabled must also beprovided in accordance with the provisions Part F-2 of the Building Codeof Australia.

[DUR1705]

76. Any damage caused to public infrastructure (roads, footpaths, water andsewer mains, power and telephone services etc) during construction ofthe development shall be repaired in accordance with Councils adoptedDesign and Construction Specifications prior to the issue of aSubdivision Certificate and/or prior to any use or occupation of thebuildings.

[DUR1875]

77. Swimming Pools (Building)

(a) The swimming pool is to be installed and access thereto restrictedin accordance with Council's "Code for the Installation of NewSwimming Pools" and Australian Standard AS 1926-1986 (Copy ofcode enclosed).

(b) Swimming pools shall have suitable means for the drainage anddisposal of overflow water.

(c) The pool pump and filter is to be enclosed and located in a positionso as not to cause a noise nuisance to adjoining properties.

[DUR2075]

78. Backwash from swimming pool is to be connected to the sewer inaccordance with Australian Standard AS 3500.2 Section 10.9.

[DUR2085]

79. The builder must provide an adequate trade waste service to ensure thatall waste material is contained, and removed from the site for the periodof construction.

[DUR2185]

80. A garbage storage area shall be provided in accordance with Council's"Code for Storage and Disposal of Garbage and Other Solid Waste".

[DUR2195]

81. Council is to be given 24 hours notice for any of the following inspectionsprior to the next stage of construction:

(a) internal drainage, prior to slab preparation;

(b) water plumbing rough in, and/or stackwork prior to the erection ofbrick work or any wall sheeting;

(c) external drainage prior to backfilling.

(d) completion of work and prior to occupation of the building.[DUR2485]



2007

82. Plumbing

(a) A plumbing permit is to be obtained from Council prior tocommencement of any plumbing and drainage work.

(b) The whole of the plumbing and drainage work is to be completed inaccordance with the requirements of the NSW Code of Practice forPlumbing and Drainage.

[DUR2495]

83. An isolation cock is to be provided to the water services for each unit in areadily accessible and identifiable position.

[DUR2505]

84. Back flow prevention devices shall be installed wherever crossconnection occurs or is likely to occur. The type of device shall bedetermined in accordance with AS 3500.1 and shall be maintained inworking order and inspected for operational function at intervals notexceeding 12 months in accordance with Section 4.7.2 of this Standard.

[DUR2535]

85. All new hot water installations shall deliver hot water at the outlet ofsanitary fixtures used primarily for personal hygiene purposes at atemperature not exceeding:-

* 43.50C for childhood centres, primary and secondary schools andnursing homes or similar facilities for aged, sick or disabledpersons; and

* 500C in all other classes of buildings.

A certificate certifying compliance with the above is to be submitted bythe licensed plumber on completion of works.

[DUR2555]

86. Where two (2) or more premises are connected by means of a singlewater service pipe, individual water meters shall be installed to eachpremise beyond the single Council water meter (unless all the premisesare occupied by a single household or firm).

[DUR2615]

87. A hose tap shall be provided adjacent to a grease arrester for cleaningpurposes and shall be fitted with a RPZD for the purpose of back flowprevention.

[DUR2675]

88. All reasonable steps shall be taken to muffle and acoustically baffle allplant and equipment. In the event of complaints from the neighbours,which Council deem to be reasonable, the noise from the constructionsite is not to exceed the following:

A. Short Term Period - 4 weeks.

L10 noise level measured over a period of not less than 15 minuteswhen the construction site is in operation, must not exceed the



2007

background level by more than 20dB(A) at the boundary of thenearest likely affected residence.

B. Long term period - the duration.

L10 noise level measured over a period of not less than 15 minuteswhen the construction site is in operation, must not exceed thebackground level by more than 15dB(A) at the boundary of thenearest affected residence.

[DUR0215]

89. It is the responsibility of the applicant to restrict public access to thebuilding site, building works or materials or equipment on the site whenbuilding work is not in progress or the site is otherwise unoccupied inaccordance with WorkCover 2000 Regulations.

[DUR0415]

90. All demolition work is to be carried out in accordance with the provisionsof Australian Standard AS 2601 "The Demolition of Structures" and tothe relevant requirements of the WorkCover Authority.

[DUR0645]

91. The use of vibratory compaction equipment (other than hand helddevices) within 100m of any dwelling house is strictly prohibited.

[DUR0815]

92. All new residential dwellings (and extensions comprising over 50% of theoriginal floor area) are to fully comply with Councils Energy SmartHousing Policy (DCP39). In order to comply with DCP39 considerationmust be given to the building envelope, orientation, insulation,ventilation, thermal mass and zoning.

[DUR0915]

93. Provision to be made for the designation of a minimum of 2 durable andpervious car wash-down area/s. The area/s must be identified for thatspecific purpose and be supplied with an adequate water supply for usewithin the area/s. Any surface run-off from the area must not dischargedirectly to the stormwater system.

[DUR0975]

94. All practicable measures must be taken to prevent and minimise harm tothe environment as a result of the construction, operation and, whererelevant, the decommissioning of the development.

[DUR1025]

95. All walls in the food preparation and food storage areas shall be of solidconstruction, easily washable, lightly coloured and tiled to a height of atleast 2 metres above floor level, or where not tiled, cement rendered toprovide a smooth even finish to ceiling. Note: Stud framed walls will notbe acceptable. Intersections of all floors with walls shall be coved to aradius of not less than 25 millimetres.

[DUR1495]

96. All flooring materials in the food preparation and storage areas are to beimpervious, non slip, non abrasive and capable of withstanding heavy



2007

duty operation. Where tiling is to be used epoxy grout finished flush withthe floor surface is to be used in joints or alternatively all tiles are to bebutt joined and free of cracks or crevices.

[DUR1505]

97. Windows and doors opening into food preparation and storage areas areto be fully screened in accordance with Council's adopted code for theconstruction of food premises.

[DUR1515]

98. Shop fitters are to liaise with the Principal Certifying Authority prior tofitting out of shop.

[DUR1525]

99. Separate hand washing facilities must be provided in all food preparationareas with warm water and located in a position where it can be easilyaccessed by food handlers and be of a size that allows easy andeffective hand washing to the satisfaction of the General Manager or hisdelegate.

[DUR1545]

100. A floor waste connected to the drainage system shall be provided within1.5 metres of the opening of the cool room.

[DUR1565]

101. Where the construction work is on or adjacent to public roads, parks ordrainage reserves the development shall provide and maintain allwarning signs, lights, barriers and fences in accordance with AS 1742.3-2202 (Manual of Uniform Traffic Control Devices). The contractor orproperty owner shall be adequately insured against Public Risk Liabilityand shall be responsible for any claims arising from these works.

[DUR1795]

102. Appropriate arrangements to the satisfaction of Council's GeneralManager or his delegate shall be provided for the storage and removal ofgarbage and other waste materials. A screened, graded and drainedgarbage storage area shall be provided within the boundary.

[DUR2205]

103. Construction and operation of all food preparation areas shall complywith the Food Act, 1989 and AS4674, 2004.

104. Following the completion of any excavations or site disturbances greaterthan 300mm deep below existing surface levels in a development stageand prior to the commencement of any construction works in the stage asurface radiation survey shall be completed and reported to thesatisfaction of Director of Environment and Community Services. Eachstage and validation statement shall be vetted by an EPA accreditedcontaminated land auditor. Should NSW Health Action Level Criteria beexceeded then a remediation action plan shall be submitted for theapproval of Director of Environment and Community Services. All worksshall comply with the approved remediation action plan. All excavatedmaterial would be retained on site until validation testing confirmscompliance to the satisfaction of Director of Environment and Community



2007

Services. Where remediation works are required the relevant stage orfuture stages shall not continue until the auditor's statement has beenreceived to the satisfaction of Director of Environment and CommunityServices.

105. Any future excavation on the site greater then 1 metre deep belowexisting surface levels will require development consent from Council.

106. Materials which have not been monitored for radiation levels and certifiedto be below NSW Health Action Level Criteria shall not be removed fromthe property.

107. If a centralised hot water system is utilised that system shall comply withAS3666.1 and AS3666.2 and certification of same shall be provided toCouncil prior to the commencement of operation of any stage. Thepremise shall comply with NSW Health Policy Directive PD2006_078 (10October 2006) and the Public Health (Microbial Control) Regulation2000.

108. The existing caravan park residents shall be adequately screened andshielded from construction works such that amenity impacts areminimised.

109. Walls within all food preparation areas such as kitchens and cafes shallof solid masonry construction to the satisfaction of Director ofEnvironment and Community Services.

[DURNS01]

110. A water quality monitoring program is to be undertaken weekly duringany earthworks and construction activity for any runoff from the site, andis to continue until stabilisation of any exposed areas. Parameters to bemeasured include pH, suspended solids (mg/L), salinity (ppt), Total Nand Total P. Any runoff to the creek that breaches ANZECC guidelinesfor receiving waters shall be reported to Council and will include adaptivemanagement measures proposed to rectify the breach.

111. A marine vegetation monitoring program is to be undertaken annuallyduring October-November for a five-year period from the commencementof construction, using methodology sufficient to determine any significantchanges in distribution compared to the baseline plan provided byBushfiresafe as Appendix 5 of the Marine Flora and Fauna report. Anannual report shall be provided to Council by December 31 of each ofthe five years detailing current distribution. Should loss of seagrass,saltmarsh or mangroves greater than 20% of the baseline distributionoccur due to impacts other than stochastic events (major floods etc) andattributable to the development, the applicant will be required to make apayment commensurate with the extent of damage as agreed by DPIFisheries to be placed into DPI’s Fish Conservation Trust Fund where it will be used on projects that are supported by both DPI’s Aquatic Ecosystems Unit and Tweed Shire Council to rehabilitate fish habitat inTweed local government area.

112. Hazardous or industrial waste must be stored and disposed of in amanner to minimise its impact on the environment including appropriate



2007

segregation for storage and separate disposal by a waste transporterlicensed by the EPA.

[DUR2215]

113. All stormwater gully lintels shall have the following notice cast into thetop of the lintel: 'DUMP NO RUBBISH, FLOWS INTO CREEK' or similarwording in accordance with Councils adopted Design and ConstructionSpecification.

[DUR2355]

114. Appropriate measures are to be put in place during the constructionperiod to prevent the transport of sediment from the site. Should anymaterial be transported onto the road or any spills occur it is to becleaned up prior to cessation of same days work and/or commencementof any rain event.

[DUR2405]

115. The site shall not be dewatered, unless written approval to carry outdewatering operations is received from the General Manager or hisdelegate.

[DUR2425]

116. All waters that are to be discharged from the site shall a pH between 6.5and 8.5 and suspended solids not greater than 50mg/kg. The contractorshall nominate a person responsible for monitoring of the quality of suchdischarge waters on a daily basis and the results recorded. Such resultsshall be made available to Council's Environmental Health Officer(s)upon request.

[DUR2435]

117. The provision of a minimum of 132 off street car parking spaces and 2ambulance spaces including parking for the disabled where applicable.The layout and construction standards to be in accordance withDevelopment Control Plan No. 2 - Parking Controls, the Building Code ofAustralia and AS 2890. Please note that the 11 car parking spacesalong the northern boundary shall be allocated for staff parking only.

[DUR0085]

118. The surrounding road carriageways are to be kept clean of any materialcarried onto the roadway by construction vehicles. Any work carried outby Council to remove material from the roadway will be at theDevelopers expense and any such costs are payable prior to the issue ofa Subdivision Certificate/Occupation Certificate.

[DUR0995]

119. Landscaping of the site shall be carried out in accordance with thesubmitted/approved landscaping plans.

[DUR1045]



2007

120. Tweed Shire Council shall be given a minimum 24 hours notice to carryout the following compulsory inspections in accordance with Appendix D,Tweed Shire Council Development Control Plan, Part A5 - SubdivisionsManual based on the rates contained in Council's current Fees andCharges:-

Roadworks

(a) Pre-construction commencement erosion and sedimentation controlmeasures

(b) Completion of earthworks

(c) Excavation of subgrade

(d) Pavement - sub-base

(e) Pavement - pre kerb

(f) Pavement - pre seal

(g) Pathways, footways, bikeways - formwork/reinforcement

(h) Final inspections - on maintenance

(i) Off Maintenance inspection

Water Reticulation, Sewer Reticulation, Drainage

(a) Excavation

(b) Bedding

(c) Laying/jointing

(d) Manholes/pits

(e) Backfilling

(f) Permanent erosion and sedimentation control measures

(g) Drainage channels

(h) Final inspection - on maintenance

(i) Off maintenance

Sewer Pump Station

(a) Excavation

(b) Formwork/reinforcement

(c) Hydraulics

(d) Mechanical/electrical

(e) Commissioning - on maintenance

(f) Off maintenance

Council's role is limited to the above mandatory inspections and doesNOT include supervision of the works, which is the responsibility of theDevelopers Supervising Consulting Engineer.



2007

The EP&A Act, 1979 (as amended) makes no provision for works underthe Water Management Act 2000 to be certified by an "accreditedcertifier".

[DUR1895]

121. The contractor is to maintain a copy of the development consent andConstruction Certificate approval including plans and specifications onthe site at all times.

[DUR2015]

122. All stormwater discharged from the site including dewatering discharge isto be directed to a sediment pond prior to final discharge into anywaterway in accordance with Council adopted Design and ConstructionSpecifications.

[DUR2365]

123. Regular inspections shall be carried out by the Supervising Engineer onsite to ensure that adequate erosion control measures are in place and ingood condition both during and after construction.

Additional inspections are also required by the Supervising Engineerafter each storm event to assess the adequacy of the erosion controlmeasures, make good any erosion control devices and clean up anysediment that has left the site or is deposited on public land or inwaterways.

This inspection program is to be maintained until the maintenance bondis released or until Council is satisfied that the site is fully rehabilitated.

[DUR2375]

124. During construction, a “satisfactory inspection report” is required to be issued by Council for all s68h2 permanent stormwater quality controldevices, prior to backfilling. The proponent shall liaise with CouncilsEngineering and Operations Division to arrange a suitable inspection.

[DUR2445]

125. All water drawn from Councils reticulated system shall be via a TweedShire Council metered standpipe. The location o the hydrant shall benominated by Tweed Shire Council and all water shall be only used forthe purposes nominated by the applicant for the duration of theconstruction activities.

[DUR2575

126. All surface water collected from hard stand parking areas to be directedto Council approved pre-treatment facilities before discharge to approveddischarge locations. Stormwater from covered or enclosed carparkareas shall not be discharged to the public sewer unless approvedtreatment facilities have been provided. Details are to be submitted toand approved by Tweed Shire Council prior to installation

[DUR2735]



2007

PRIOR TO ISSUE OF OCCUPATION CERTIFICATE

127. Prior to issue of an occupation certificate, all works/actions/inspectionsetc required at that stage by other conditions or approved managementplans or the like shall be completed in accordance with those conditionsor plans.

[POC0005]

128. A person must not commence occupation or use of the whole or any partof a new building or structure (within the meaning of Section 109H(4))unless an occupation certificate has been issued in relation to thebuilding or part (maximum 25 penalty units).

[POC0205]

129. The building is not to be occupied or a final occupation certificate issueduntil a fire safety certificate has been issued for the building to the effectthat each required essential fire safety measure has been designed andinstalled in accordance with the relevant standards.

[POC0225]

130. Prior to the issue of an occupation certificate,

(a) Certification of termite protection methods performed by the personcarrying out the works is to be submitted to the PCA; and

(b) A durable notice must be permanently fixed to the building in aprominent location, such as in the electrical meter box indicating:-



(iii) where a chemical barrier is used, its life expectancy as listedon the National Registration Authority label; and

(iv) the need to maintain and inspect the system on a regularbasis.

[POC0235]

131. Prior to the occupation or use of any building and prior to the issue ofany occupation certificate, including an interim occupation certificate, afinal inspection report is to be obtained from Council in relation to theplumbing and drainage works.

[POC1045]

132. The premises where food is handled or prepared for patrons oroccupants is to be notified to NSW Health in accordance with theRegistration and notification requirements of the Food Standards Codeas called into force by the Food Regulation 2001.

[POC0605]

133. Prior to commencement of operations and on completion of fit out aninspection is to be arranged with Council's Environmental Health Officerfor final approval.

[POC0615]



2007

134. The premise is to be treated on completion of fit-out and prior tocommencement of trading and thereafter on a regular basis by aLicensed Pest Control Operator. A certificate of treatment is to be madeavailable for Council inspection on request.

[POC0635]


[POC0475]

136. A survey certificate signed by a registered surveyor is to be submitted tothe PCA at floor stage to certify that the habitable floor level of thebuilding to be at a level of not less than RL 2.7m AHD.

[POC0565]

137. Prior to the issue of an occupation certificate, the applicant shall producea copy of the “satisfactory inspection report” issued by Council for all s68h2 permanent stormwater quality control devices.

[POC0985]

138. Prior to issue of an Occupation Certificate, all water sensitive designfacilities are to be completed in accordance with the approved WaterManagement Plan.

[POC0995]

139. Prior to the issue of occupation certificates for each approved stage theCouncil approved restoration and planting of available sections of bufferzone shall be completed. Landscaping and restoration areas shall bemaintained at all times to the satisfaction of Council and for a minimumfive-year period following planting and/or weed removal works. Treesidentified for retention in the development application plans shall not beremoved without separate Council approval.

USE

140. Swimming Pools (Building)

(a) It is the responsibility of the pool owner to ensure that the poolfencing continues to provide the level of protection requiredregardless of and in response to any activity or construction on theadjoining premises. Due regard must be given to the affect thatlandscaping will have on the future effectiveness of the securityfencing. (Section 7 Swimming Pool Act 1992).

(b) The resuscitation poster must be permanently displayed in closeproximity to the swimming pool. (Section 17 Swimming Pool Act1992).

[USE1295]

141. Waste storage and collection shall not be permitted to impact localamenity by way of colour, drainage or noise. The central wastecollection point shall be adjacent to buildings B & C and shall not beadjacent to the northern boundary.



2007

142. All cooking gases shall be discharged above the roof line in accordancewith AS 1668.

[USENS01]

143. Upon the creek front home sites being vacated the current owners and/orany subsequent land owners are to dedicate (at no cost to Council) 30mof Creek front land to Council (or that part of the setback to the Creek notcomprising an APZ) to ensure public access to the Creek is available. Inaddition a formal right of carriageway is to be formed from Tweed CoastRoad through the site to enable access to the Creek.

144. The use to be conducted so as not to cause disruption to the amenity ofthe locality, particularly by way of the emission of noise, dust, fumes orthe like.

[USE0125]

145. All activities associated with the occupancy of the building are to complywith the Protection of the Environment Operations Act, 1997.

[USE0135]

146. All externally mounted air conditioning units and other mechanical plantor equipment are to be located so that any noise impact due to theiroperation which may be or is likely to be experienced by anyneighbouring premises is minimised, not withstanding this requirementall air conditioning units and other mechanical plant and or equipment isto be acoustically treated or shielded where considered necessary to thesatisfaction of the General Manager or his delegate such that theoperation of any air conditioning unit, mechanical plant and or equipmentdoes not result in the emission of offensive noise.

[USE0175]

147. All external artificial lighting shall be shielded where required to thesatisfaction of Councils General Manager or his delegate to ensure thatthe spill of light or glare from such lighting does not create a nuisance toany adjoining or neighbouring premises.

[USE0205]

148. All food handling areas and persons engaged in the preparation andhandling of food supplied to patrons or occupants are to comply with theprovisions of the Foods Act 1989 and the provisions of the FoodStandards Code as called into force by the Food Regulation 2001.

[USE0825]

149. All mechanical ventilation shall comply with AS1668.2 VentilationRequirements.

[USE0845]

150. A food safety program in accordance with HACCP requirements is to beimplemented in the conduct and operation of the food preparation area.Advice regarding this can be obtained from the NSW Food Authority.

[USE0885]



2007

151. Any area to be used for the purpose of hairdressing shall comply with therequirements of the Local Government (orders) Regulation 1999 andwhere necessary the Public Health (Skin Penetration) Regulation 2000.

[USE0945]

152. The premises shall be maintained in a clean and tidy manner.[USE0965]

153. The premises shall be operated in accordance with the Public Health(Skin Penetration) Regulation 2000 and current NSW Health SkinPenetration Code of Best Practice and Guidelines.

[USE0975]

154. The premises shall be operated in accordance with the Public Health(Swimming Pools and Spa Pools) Regulation 2000 and the current NSWHealth Public Swimming Pool and Spa Pool Guidelines.

[USE0985]

155. Clinical wastes shall be separated from the general waste stream anddisposed via Council's approved clinical waste collection and disposalservice.

[USE0995]

156. All hazardous and/or dangerous goods shall be stored in accordancewith requirements of WorkCover NSW.

[USE1035]


[USE0735]

158. A backflow containment device will be installed adjacent to Councilswater meter installation at the property boundary in accordance withAS3500. The device is to be maintained in accordance with theprovisions of AS3500 by the owner of the property at the ownersexpense.

[USE1455]

GENERAL TERMS OF APPROVAL

PERMIT UNDER PART 3A OF THE RIVERS AND FORESHORESIMPROVEMENT ACT 1948

1. Erosion and sediment control measures are required to be implementedprior to any works commencing, and must be maintained for as long asnecessary after the completion of works, to prevent sediment and dirtywater entering Cudgera Creek.

2. Provision of stormwater quality treatment measures (in accordance withthe Soil and Stormwater Management Plan) to ensure retention ofpollutants and no detrimental water quality impacts downstream.

3. Excavated material may contain potential acid sulfate soils and shall betested. If present then appropriate management measures shall beemployed to control any acid sulfate soil impacts in accordance with theASMACC Manual.



2007

4. Excavation operations shall be conducted so as not to damage or causeerosion of the adjoining riverbank of Cudgera Creek.

5. Excavation operations and construction activities shall be conducted withminimal impact on riparian vegetation.

GENERAL TERMS OF APPROVAL UNDER SECTION 205 OF THEFISHERIES MANAGEMENT ACT (Permit to cut remove damage or destroymarine vegetation on public water land or an aquaculture lease on theforeshore of any such land or lease)

That stormwater discharge points ie. pipes be located greater than 50metres from seagrass beds and if possible avoided through the use ofappropriate water sensitive urban design and other best managementpractice measures.

GENERAL TERMS OF APPROVAL UNDER SECTION 100B OF THERURAL FIRES ACT 19971. Access is to comply with section 4.3.2 Planning for Bushfire Protection

2001.2. Reticulated water supply shall comply with AS2419. Locations of fire

hydrants are to be delineated by blue pavement markers in the centre ofthe road.

3. The structures of the proposed development fronting Coast Road to theeast and adjoining the southern boundary are to comply with therequirements of Level 2 construction as required by Australian StandardAS3959-1999 'Construction of buildings in bushfire-prone areas'. Theremaining structures within the proposed development are to comply withLevel 1 construction.

4. At the commencement of building works and in perpetuity, the AssetProtection Zones as depicted in Appendix 5 - Asset Protection Zonesprepared by Bushfiresafe Ref:5052 and dated Oct 2005, shall bemaintained as an ‘Inner Protection Area’ (IPA), as outlined within Planning for Bush Fire Protection and the Service's document 'Standardsfor asset protection zones'.

5. The existing demountable dwellings are required to be upgraded toimprove ember protection by enclosing all openings (excluding roof tilespaces) or covering openings with a non-corrosive metal screen. Thisincludes any sub floor areas where applicable and eaves. Roof gutteringand valleys are to be screened with non corrosive mesh to prevent thebuild up of flammable material. Any materials used shall have aFlammability Index no greater than 5.

6. A Bush Fire Evacuation Plan is to be submitted to the District RFS officeof the NSW Rural Fire Service for approval. The evacuation plan is todetail the following:a) under what circumstances will the complex be evacuated.b) where will all person be evacuated to.c) roles and responsibilities of persons co-ordinating the evacuation.d) roles and responsibilities of persons remaining with the complex

after evacuation.



2007

e) a procedure to contact the NSW Rural Fire Service District Office /NSW Fire Brigade and inform them of the evacuation and wherethey will be evacuated to.


P4 [PD-PC] Development Application DA06/1449 for Tourist Cabins at Lot 9DP 773470, No. 1836 Reserve Creek Road, Cudgera Creek



RECOMMENDED that Development Application DA06/1449 for tourist cabins at Lot9 DP 773470, No. 1836 Reserve Creek Road, Cudgera Creek be refused for thefollowing reasons: -

1. Pursuant to Section 79C(1)(a)(i) the proposed tourist cabins are notconsidered to satisfy the objectives of the 1(a) Rural zone.

2. Pursuant to Section 79C(1)(c) the proposed tourist cabins are considered anoverdevelopment of the site in the context of the subject site and thesurrounding area.

3. Pursuant to Section 79C(1)(c) the subject land is not considered suitable forthe development as proposed.

4. Pursuant to Section 79(1)(c) the proposed development fails to provide foradequate buffers between the subject site and the adjoining agricultural lands.

5. Pursuant to Section 79C(1)(d) the application has attracted a number of publicsubmissions in the negative. The issues are considered to have merit.

6. Pursuant to Section 79C(1)(e) the development as proposal is not consideredsuitable to the site and as such is considered not in the public interest.

7. Pursuant to Section 5 - Objects, of the Environmental Planning andAssessment Act, 1979 the proposed development cannot be determined tosatisfy subsection (a)(ii), the orderly and economic use and development ofthe land.



Administrator BoydAdministrator Willan

RECOMMENDED that the Planning Committee resumes in open Council under theChairmanship of Administrator Payne.



2007




RESOLVED that the recommendations of the Planning Committee held Tuesday,8 May 2007 be adopted.


ADJOURNMENT OF MEETING

The meeting was adjourned to conduct the Community Access Session at 5.50pm.

RESUMPTION OF MEETING

The Meeting resumed following the Community Access Session at 6.25pm

OPERATIONS COMMITTEE



RESOLVED that Council resolves itself into the Operations Committee under theChairmanship of Administrator Willan.


REPORTS THROUGH THE GENERAL MANAGER

O1 [GM-OC] Tweed Economic Development Corporation (TEDC) –QuarterlyReport January–March 2007 (3rd Quarter)

O 103 COMMITTEE DECISION:


RECOMMENDED that Council:



2007

1. Receives and notes the quarterly report from Tweed EconomicDevelopment Corporation for the quarter 1 January to 31 March 2007,

2. Endorses that Tweed Economic Development Corporation’s revised financial reporting be brought into effect in the 2007/2008 financial year.


O2 [GM-OC] Tweed Tourism Quarterly Performance Report –January toMarch 2007


Administrator PayneAdministrator Boyd

RECOMMENDED that the Tweed Tourism Quarterly Performance Report, Januaryto March 2007, be received and noted.


O3 [TCS-OC] 7 Year Infrastructure & Services Plan


Administrator BoydAdministrator Payne

RECOMMENDED that Council:

1. Makes an application for a special variation to general income underSection 508A of the Local Government Act for years 2008/2009 to2012/2013 of 6%, 6%, 5%, 4% and 4% respectively, in addition to 3.8% asthe allowable annual Ministerial increase in general income.

2. Adopts the alterations to the 7 Year Infrastructure and Services Plan listedin the report for inclusion in the 2007/2008 Management Plan for thepurpose of formal exhibition.

3. As part of the application for a special variation, reports to the Departmentof Local Government on the alterations from the original seven yearinfrastructure and services plan, as contained in the Instrument undersection 508 A(1) and S48(3)(a) of the Local Government Act 1993, dated10 July 2006.




2007

O4 [TCS-OC] Payment of Voluntary Goods and Services Tax (GST)



RECOMMENDED that to assist compliance with Section 114 of the CommonwealthConstitution, Council certifies that:

Voluntary Goods and Services Tax (GST) has been paid by Tweed ShireCouncil for the period 1 May 2006 to 30 April 2007;

Adequate management arrangements and internal controls were in place toenable the Council to adequately account for its GST liabilities and recoup allGST input tax credits eligible to be claimed; and

No GST non-compliance events by the Council were identified by or raised withthe Australian Taxation Office.


O5 [TCS-OC] In Kind Register January to March 2007



RECOMMENDED that Council notes total donations of $11,544.67 for the periodJanuary to March 2007.


O6 [TCS-OC] Outcomes of Tweed Shire Council Projects under theRegulation Reduction Incentive Fund (RRIF)



RECOMMENDED that the project outcomes under the Regulation ReductionIncentive Fund (RRIF), as reported, be noted.




2007

O7 [EO-OC] Offer of Assistance for Implementation of the Tweed CoastlineManagement Plan 2006/2007



RECOMMENDED that Council accepts the financial assistance of $65,000 from theDepartment of Natural Resource’s Coastline Management Program on a 1 to 1basis for implementation of the Tweed Coastline Management Plan in 2007 and2008.


O8 [EO-OC] Renaming of Council Public Roads - South Murwillumbah



RECOMMENDED that Council:-

1. Approves advertising its intention to rename that part of Reserve CreekRoad between Tweed Valley Way and the bridge where Quarry Roadcommences as "Quarry Road";

2. Approves advertising its intention to rename that part of Wardrop ValleyRoad between Hayley Place and the new industrial subdivision at Lot 102in DP 1104102 as "Lundberg Drive"; and

3. Notifies the relevant authorities under the provisions of the Roads (General)Regulation 1994.




2007

O9 [EO-OC] Quarterly Variation Report Contract EC2005-193 - Design andConstruction of the Tertiary Treatment Facility, Murwillumbah SewageTreatment Plant



RECOMMENDED that the nett deduction of $4,756.00, for the period 1 January to31 March 2007, for Contract EC2005-193 Design and Construction of the TertiaryTreatment Facility, Murwillumbah Sewage Treatment Plant, be received and noted.


O10 [EO-OC] EC2007-017 Manufacture, Supply and Delivery of DN 250 -300mm Pressure Pipe



RECOMMENDED that Tyco Water be awarded the contract for the supply of1089m of DN 250 and 1785.5m of 300mm PN 16 Ductile Iron Pressure Pipe with acontract price of $249,766.55 (GST incl).


O11 [EO-OC] Tender for the Supply of Water Treatment Chemicals



RECOMMENDED that Council accepts the tender submissions from OmegaChemicals, Elite Chemicals and Redox Pty Ltd for the supply of water treatmentchemicals from the 1 July 2007 until the 30 June 2009, with an option to extenduntil the 30 June 2010.




2007

O12 [EO-OC] EC2004-167 Water and Sewerage In-house Consultancy -Extension of Contract




1. Approves the extension of the Agreement between Council andMontgomery Watson Harza for EC2004-167 for the optional 2 year period.

2. Gives delegated authority to the Director Engineering and Operations toengage the consultant to undertake projects up to $150,000.


O13 [EO-OC] Coastline Cycleway




1. Accepts the Department of Planning grant of $263,000.00 for the foreshoreboardwalk construction along Cudgen Creek from Marine Parade toSunrise Cove development in Kingscliff;

2. Allocates:-

(a) $157,050.00 from Section 94 Plan - Shirewide Cycleways towardsthe construction of (1) above;

(b) $105,950.00 from Tweed Coast Estuaries Management Programcommitted towards the Cudgen Creek boardwalk extension;

3. Votes the expenditure in (1) and (2) above.




2007

O14 [EO-OC] Lookouts



RECOMMENDED that:-

1. Survey, investigation, preliminary design and costing of the lookout onTomewin Road be carried out and reported to Council.

2. An annual budget allocation for lookout maintenance be referred toCouncil’s budget meeting for consideration.


O15 [EO-OC] Classification of Land as Operational - Wardrop Valley



RECOMMENDED that:-

1. Council approves the transfer of proposed Lot 30 in the subdivision of Lot 102in DP 1104102 at Wardrop Valley as a Sewer Pump Station.

2. Proposed Lots 30 and 6 are to be classified as “Operational” pursuant to Section 31 of the Local Government Act, 1993.

3. All documentation be executed under the Common Seal of Council.


O16 [EO-OC] Section 64 Water Supply & Sewerage Development ServicingPlans



RECOMMENDED that:-



2007

1. Developer Charges per Equivalent Tenement (ET) under Section 64 of theLocal Government Act 1993 for Water Supply and Sewerage as tabledbelow be adopted for exhibition.

Area Sewerage Water SupplyAll Areas per ET $4,804 $9,997

2. The Water Supply and Sewerage Development Servicing Plans beadvertised and placed on exhibition concurrently with Council's DraftManagement Plan 2007-2010.


O17 [EO-OC] Burringbar Mooball Sewerage Scheme




1. Formally resolves to continue with the Burringbar Mooball SewerageScheme.

2. Requests the NSW Government to increase the subsidy available toBurringbar Mooball Sewerage Scheme to 70%.

3. Meets with the relevant NSW Government Ministers to seek legislativechange to enable partial funding of the Burringbar Mooball SewerageScheme by Council's Sewer Fund.

4. Suspends recommencement of further investigation and design to progressthe Scheme at this time pending resolution of funding shortfall issues.

5. Advises residents of the project status, Council's intention to continue withthe Scheme and the annual charge of $350.


O18 [EC-OC] Climate Change






2007

1. Gives climate change mitigation and adaptation a high priority within Counciloperations.

2. Requests an immediate update of the mitigation document ‘Tweed Shire Greenhouse Gas Reduction Local Action Plan’.


O19 [EC-OC] Purchase of Energy




1. Gives a high priority within the Engineering & Operations Division to energyefficiency and energy management.

2. Extends the Revolving Energy Fund process as follows:

a) For 100% of quarterly savings achieved through energy efficiencymeasures be set aside into the Revolving Energy Fund until the capitalexpenditure has been returned to the fund.

b) Once the capital expenditure has been recovered, 75% of the quarterlysavings be set aside into the Revolving Energy Fund on an ongoingbasis.

3. Endorses the purchase of Green Power electricity using financial resourcesgenerated from the implementation of the Energy Savings Action Plan.


O20 [EC-OC] Invitation for Tweed Shire Council to join North East WasteForum



RECOMMENDED that Council joins the North East Waste Forum for a period of 12months, with a review of its status in May 2008.




2007

O21 [EC-0C] Request for "In Kind" Support/Waive Fee




1. With reference to the request from Country Women's Association of NSW(Murwillumbah Evening Branch), provides the Murwillumbah Civic Centrefor a reduced fee of $117 being 50% of the full fee of $234 for the AnnualCraft Expo to be held on 7 & 8 September 2007, and that Council's supportis recognised with the following acknowledgement "This programme hasbeen supported by Tweed Shire Council".




RECOMMENDED that the Operations Committee resumes in open Council underthe Chairmanship of Administrator Payne.




RESOLVED that the recommendations of the Operations Committee held Tuesday,8 May 2007 be adopted.


SCHEDULE OF OUTSTANDING RESOLUTIONS

Schedule of Outstanding Resolutions



RESOLVED that this report be received and noted.



2007


ADMINISTRATOR'S MINUTE

[AM] Signing of Documents



RESOLVED that the information be received and noted.


ORDINARY ITEMS FOR CONSIDERATION

REPORTS FROM THE GENERAL MANAGER

1 [GM-CM] Organisational Structure



RESOLVED that Council adopts the organisational structure, as outlined in thebody of the report, effective from Monday, 14 May 2007.


2 [GM-CM] Tweed Local Emergency Management Committee



RESOLVED that Council:-

1. Appoints Ian Kite as the Chairperson of the Tweed Local EmergencyManagement Committee and authorises him on behalf of Council to co-ordinate the use of the Council's resources in the prevention of, preparationfor, response to and recovery from emergencies.



2007

2. Confirms Doreen Harwood as Council's Local Emergency ManagementOfficer.


REPORTS FROM THE DIRECTOR PLANNING & DEVELOPMENT

Nil.

REPORTS FROM THE DIRECTOR TECHNOLOGY & CORPORATE SERVICES

3 [TCS-CM] 2007/2010 Draft Management Plan, 2007/2008 DraftBudget/Fees and Charges



RESOLVED that:

1. The 2007/2010 Draft Management Plan, including the 7 Year Infrastructureand Services Plan, the 2007/2008 Draft Budget, Revenue Policy and Feesand Charges be placed on exhibition for public comment from Thursday, 10May 2007 to Friday 8 June 2007.

2. Submissions received will be considered by Council at its Meeting of Tuesday,19 June 2007, with the view to finalising and adopting the 2007/2010 DraftManagement Plan/Budget.


REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS

Nil.

REPORTS FROM THE DIRECTOR ENVIRONMENT & COMMUNITY SERVICES

Nil.



2007

REPORTS FROM SUB-COMMITTEES/WORKING GROUPS

4 [SUB-TCC] Minutes of the Tweed Coastal Committee Meeting heldWednesday 21 February 2007



RESOLVED that the:-

1. Minutes of the Tweed Coastal Committee Meeting held Wednesday21 February 2007 be received and noted; and

2. Director's recommendations be adopted as follows:-

AGENDA ITEMS:

2. Vegetation Management Plan ImplementationVegetation Management Plan

As per the Committee's recommendation being:

"That Council endorses the addition of Marty Hancock, FloodplainProject Officer, as a non voting member of the Tweed CoastalCommittee."

3. Proposed Development at WooyungDevelopment Assessment


"That Council writes to the Minister for Planning noting the TweedCoastal Committee’s concern on several issues relating to theproposed development at Wooyung including flooding, sewagetreatment, Acid Sulfate Soils and dunal vegetation management."




2007

5 [SUB-TRC] Minutes of the Tweed River Committee Meeting heldWednesday 21 February 2007



RESOLVED that the:-

1. Minutes of the Tweed River Committee Meeting held Wednesday21 February 2007 be received and noted; and


CORRESPONDENCE IN:

1. Banora Point Residents Association Committee MemberTweed River Committee


"That Council calls for nominations from industry groups for positionon the Tweed River Committee."

GENERAL BUSINESS:

5. Acid Sulphate Soil Contamination - Cobaki BroadwaterCobaki Broadwater

That the Committee's recommendation:

"That Council invites a representative from (EPA) Department ofEnvironment & Conservation to attend the Tweed River Committee’s next meeting to advise the Committee on water quality issues and theaction they are taking."

be changed to read:

"That water quality issues arising from the Tugun Bypass constructionand its impacts on the Cobaki Broadwater be addressed at a meetingbetween the Manager North Coast Region of Department ofEnvironment and Climate Change (DECC) and CouncilAdministrators."




2007

6 [SUB-LTC] Minutes of Local Traffic Committee Meeting held Thursday 19April 2007



RESOLVED that the:-

1. Minutes of the Local Traffic Committee Meeting held Thursday 19 April bereceived and noted; and


A. FORMAL ITEMS SECTION

A3 [LTC] Leisure Drive and Winders Place, Banora Point

FILE NO: DW1569795; 1570062; Traffic - Directional Signs; Lights;LATM; Signals; Parking Zones; Transport - Bus Services -Stops; Winders Place; Leisure Drive


”That:-

1. Drawing Numbers PD6008/02 and PD 6008/04 be adopted for theproposed traffic signals at the intersection of Leisure Drive atWinders Place, Banora Point.

2. Signage be installed to include relocating the bus zone, 'No RightTurn' signs at the Golf Club entrance and 'No Stopping' signage onLeisure Drive, Banora Point."

A4 [LTC] Heffron Lane, Tweed Heads

FILE NO: DW1565632; 1566315; Traffic - Directional Signs; SpeedZones; Safety; Pedestrian - Safety; School - Tweed RiverHigh; Heffron Street; Heffron Lane; Parry Street


"That speed bumps be installed on Heffron Lane when funds are available."



2007

A6 [LTC] Pandanus Parade, Cabarita Beach

FILE NO: DW 1551535; Pandanus Parade; Road Closures - Temporary;Festivals - Policy; Beaches - Cabarita Beach


"That Pandanus Parade Cabarita Beach be temporarily closed on the 9 and10 June 2007 for the purpose of running the event of Lions GreenbackFishing Competition."

DELEGATIONS FOR REGULATORY DEVICES

B. INFORMAL ITEMS SECTION

GENERAL TRAFFIC ADVICE

A1 [LTC] Dulguigan Road, Tumbulgum

FILE NO: Traffic - Safety; Traffic - Speed Zones; Traffic - Weight ofVehicles; Dulguigan Road; DW 1563621


"That a truck speed limit be applied and recommended that the Roads andTraffic Authority be requested to approve a 60kph truck speed limit onDulguigan Road from the quarry to Terranora Road."

A2 [LTC] Tweed Valley Way, Tumbulgum

FILE NO: DW1564654; Traffic - Safety; Speed Zones; Tweed ValleyWay; Riverside Drive


"That:-

1. A reduction in the speed limit on the Tweed Valley Way is notsupported.

2. Sight distance and turning volumes be investigated to determinewhether a ban needs to be implemented on right turn movementson to the Tweed Valley Way from the intersection with RiversideDrive."




2007

7 [SUB-TCC] Minutes of the Tweed Coastal Committee Meeting heldWednesday 11 April 2007



RESOLVED that the:-

1. Minutes of the Tweed Coastal Committee Meeting held Wednesday11 April 2007 be received and noted; and


COMMITTEE MEMBERSHIP:

As per Committee's Recommendations being:

"That Council:-

1. Accepts Evan Matthew’s resignation from the Tweed Coastal Committee and sends a letter thanking Mr Matthews for hiscontribution to the Committee; and

2. Calls for nominations from the Fingal Head community formembership of the Tweed Coastal Committee."

Item from Meeting held 21 February 2007

1. Hastings Point Marine Science Reserve


"That Council:-

1. Establishes a Hastings Point Marine Science Reserve ReferenceGroup; and

2. Seeks funding from the Department of Lands to prepare amanagement plan for the Hastings Point Marine Science Reserve."

1. Terms of Reference - Tweed Coastal CommitteeTweed Coastal Committee


"That Council approve the revised Tweed Coastal Committee Termsof Reference April 2007.



2007

TWEED SHIRE COUNCILTWEED COASTAL COMMITTEE

TERMS OF REFERENCEApril 2007

1. Aim:To assist Tweed Shire Council to protect and enhance naturalresources and ecosystems, and to provide for sustainable useof the environment on the Tweed Coast.

2. Objectives:

• To implement the Tweed Coastline Management Plan.

• To implement the Estuary Management Plan for Cudgen,Cudgera and Mooball Creeks.

• To implement the Tweed Coast Reserve Plan ofManagement.

• To assist with preparation and implementation of othernatural resource management plans and strategies for theTweed Coast.

• To provide a forum to represent the interests of thecommunity through their nominated representatives.

• To liaise with government and non-government agencies toattract funding.

• To work with the Northern Rivers Catchment ManagementAuthority in the achievement of Catchment Action Plantargets.

• To advise Council and other agencies in respect toenvironmental issues, strategic plans or other proposals andstrategies which may have an impact on the naturalenvironment of Tweed Shire.

• To promote the natural values of Tweed Shire, educate thecommunity in their stewardship and assist otherorganisations or individuals to undertake works to thebetterment of the natural environment.

3. Purpose of Management PlansThe plans are the output of detailed considerations, asystematic management approach and communityinvolvement which aim to:-

protect, rehabilitate and improve the natural coastalenvironment;

recognise and accommodate natural coastal processesand climate change;

protect and enhance the aesthetic qualities of the coast;



2007

ensure that all development on the coast is consistentwith the protection and appropriate management of thisasset;

reduce and contain the impact of coastal hazards andthe potential for coastal damage on existing andproposed coastline development;

improve the recreational amenity of the coastline andestuarine foreshores; and

ensure the sustainable development and use of coastalresources.

4. Scope of ConsiderationIn fulfilling the above objectives the Committee shall considerthe following:-

the type, nature, extent and significance of coastal andestuary processes, their interactions and how they areaffected by human activities;

the essential features and current state of the Tweedcoast including physical, chemical, ecological, aesthetic,recreational, cultural, social and economic attributes;

the current uses and conflicts in uses. possible future developments and land uses and their

impacts on the natural processes and essential features; the need for nature conservation and remedial

measures; long-term considerations of climate change; identification and assessment of management

objectives; strategies to achieve these objectives such as statutory

controls, works, education programs and monitoring; community needs and desires; and the provisions of the Government’s NSW Coastal Policy,

Coastline Management Manual and EstuaryManagement Manual.

5. Committee ReportingThe Committee will report progress to Council via Minutesand written recommendations.

A copy of the Minutes shall also be sent to the NorthernRivers Catchment Management Authority.

6. Meeting FrequencyMeetings to be held once every two months.



2007

7. Term of CommitteeThe term of the Committee shall be concurrent with the termof the Council."


8 [SUB-TRC] Minutes of the Tweed River Committee Meeting heldWednesday 11 April 2007

79 COMMITTEE DECISION:


RECOMMENDED that the:-

1. Minutes of the Tweed River Committee Meeting held Wednesday 11 April2007 be received and noted; and


2. DVD on Cobaki Broadwater–Lindy Smith/Magali McDuffieCobaki Broadwater

As per Committee's recommendation being:

"2.1 That Council forwards its concerns to RTA regarding the lack ofprogress for the provision of compensatory habitat required as partof the consent conditions for Tugun Bypass and that it requests theRTA to provide an explanation of the progress to date and thecurrent intentions."

As per Committee's recommendation being:

"2.2 That Council supports in principle a Memorandum ofUnderstanding between the various landholders and keystakeholders for the foreshore lands surrounding CobakiBroadwater to conserve and enhance natural and cultural values.Further to this that Council writes to the relevant landholders andkey stakeholders requesting their support for the same."

That the Committee's recommendations:

2.3 RECOMMENDATION:That Council write to DEC requesting that they provide Council withmonthly monitoring reports including construction compliance reports,ground water & surface water discharges.



2007

2.4 RECOMMENDATION:That Council, in view of the information that has been brought beforethe Tweed River Committee regarding the unavailability of monitoringdata and obvious impacts, institutes its own monitoring programadjacent to the Pacific Link Alliance site as and where it can gainaccess.

be changed to read:

"2.3 That Council's administrators meet with North Coast RegionalManager of the Department of Conservation and Climate Change(DECC) to discuss Council's concerns regarding monitoring andcompliance issues on the Tugun Bypass."


ORDERS OF THE DAY

Nil.

QUESTION TIME

[QT] Pricing Policy - Water

Administrator Boyd

Asked why the price of water has increased to $1.24.

The Director Engineering & Operations responded that Council's pricing policy reflectsthe value of reticulation and supply and is also in accordance with government policy.



RESOLVED that Council resolves itself into a Confidential Committee of the Whole.




2007

CONFIDENTIAL MATTERS

The General Manager reported that the Confidential Committee of the Whole hadexcluded the press and public from the whole of the Committee Meeting because, in theopinion of the Committee, publicity of the proceedings of the Committee would beprejudicial to the public interest, by reason of the confidential nature of the business to betransacted, and made the following recommendations to Council:-

REPORTS THROUGH GENERAL MANAGER IN COMMITTEE

REPORTS FROM THE DIRECTOR ENGINEERING AND OPERATIONS

1 [EO-CM] Land Acquisition - Part Lot 3 DP 1106275 and Cudgera Creek,Pottsville

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(a) of the Local GovernmentAct 1993, which permits the meeting to be closed to the public for business relating to thefollowing: -

(a) personal matters concerning particular individuals

C 30 COMMITTEE DECISION:

That:-

1. Council approves the acquisition of part of Lot 3 in DP 1106725 and a sectionof Crown Land within the creek bed of Cudgera Creek, Pottsville for publicroad under the provisions of the Land Acquisition (Just Terms Compensation)Act 1991 for the purposes of the Roads Act, 1993 and the making of thenecessary applications to the Minister and/or Governor;

2. Council approves the amount of compensation payable to the landowners asshown in the body of the report; and

3. The subject land be dedicated as road following gazettal of the acquisitions;and

4. All documentation be executed under the Common Seal of Council.




2007

2 [EO-CM] Landscape Architectural and Consultancy Services for JackEvans Boat Harbour Stage 1, Implementation Project Part 1 - DesignDevelopment and Contract Documentation - Selection of Consultants

REASON FOR CONFIDENTIALITY:

This report is CONFIDENTIAL in accordance with Section 10A(2)(d) of the Local GovernmentAct 1993, which permits the meeting to be closed to the public for business relating to thefollowing: -

(d) commercial information of a confidential nature that would, if disclosed:(i) prejudice the commercial position of the person who supplied it, or(ii) confer a commercial advantage on a competitor of the council, or(iii) reveal a trade secret


That Council:-

1. Shortlists four (4) companies:-

Convic Design & Site OfficeTurf Design Studio & Environmental PartnershipsMcGregor and PartnersAspect Studios

to take part in the next phase of the selection process to undertake theJack Evans Boat Harbour Stage 1, Part 1, Design Development andContract Documentation Project. The four preferred companies are:-

2. Notifies the remaining consultants that their submissions wereunsuccessful.


LATE ITEM

Banora Point Caravan Park Permanent Residents


That the memo from the General Manager providing an update on the status of theBanora Point Caravan Park permanent residents be noted.




2007



RESOLVED that the recommendations of the Confidential Committee of the Wholebe adopted.


There being no further business the Meeting terminated at 7.03pm.

Minutes of Meeting Confirmed by Council

at Meeting held ………………………..

Chairman

IN ATTENDANCE ABORIGINAL STATEMENT · TWEED SHIRE COUNCIL MEETING HELD TUESDAY 8 MAY 2007 THIS IS...

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