NAMBUCCA SHIRE COUNCIL

 

 

Ordinary Council Meeting - 15 October 2015

 

LATE AGENDA                                                                                        Page

 

 

 

  

5        Notices of Motion

5.3     Notice of Motion - Request for Leave - Cr Anne Smyth (SF1228)........................................ 2  

9        General Manager Report

9.14   Fit for the Future - Joint Organisation Emerging Directions Paper - Report on Councillor Workshop 9 October 2015
 ...................................................................................................................................... 3

9.15   Modification to Approved Community Facility.................................................................... 7

 

 

 

    

 


Ordinary Council Meeting                                                                                               15 October 2015

Notice of Motion

ITEM           SF2049            151015         Notice of Motion - Request for Leave - Cr Anne Smyth (SF1228)

 

AUTHOR/ENQUIRIES:    Anne Smyth, Councillor         

 

Summary:

 

I request leave for the period Friday 16 October 2015 to Wednesday 11 November 2015, inclusive.

 

 

Recommendation:

 

That Cr Anne Smyth is granted leave of absence in accordance with Section 234(d) of the Local Government Act for the period 16 October 2015 to 11 November 2015, inclusive.

 

 

 

 

 

Attachments:

There are no attachments for this report.       


Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.14    SF42                151015         Fit for the Future - Joint Organisation Emerging Directions Paper - Report on Councillor Workshop 9 October 2015
 

 

AUTHOR/ENQUIRIES:    Scott Norman, Assistant General Manager Corporate Services         

 

Summary:

 

This report supplements the Report at Item 9.2 regarding a Council submission on the Fit For the Future – Joint Organisations Emerging Directions Paper.  The report reflects the outcomes of the Council Workshop conducted on Friday 9 October 2015.

 

 

Recommendation:

 

That Council include the concerns detailed in this report in the submission to the Office of Local Government in response to the Joint Organisations Emerging Directions Paper.

 

 

OPTIONS:

 

The issues raised in any submission are a matter for the Council.

 

 

DISCUSSION:

 

Council resolved at its meeting on 24 September 2015 that:

 

“That Council make a submission to the Office of Local Government in relation to the Emerging Directions Paper outlining the concerns identified in this report.

 

That the finalisation of the submission be deferred until Council has undertaken a workshop to discuss a strategy regarding the proposed Joint Organisations.  The workshop to be held on Friday 9 October 2015 commencing at 9.00am in the Council Chambers.”

 

The key concerns to emerge from the workshop are listed below.

 

1.   Delegations of Core Functions

The Emerging Directions Paper is silent as to how the defined core functions will operate in tandem with the functions of the constituent councils.  For example, will the JO core function of inter-governmental collaboration exclude the individual councils from also undertaking this function?  If the JO is not a fourth tier of government you would not expect such functions to be the exclusive preserve of the JO.  But in practical terms what if one or more of the JO Councils makes representations or undertake actions which are inconsistent with a decision of their JO?  Nambucca Shire Council submits that a more detailed explanation is required of the structure that delegates core function roles and responsibilities.

 

2.   Sustainability

The position of this Council has been that the purpose of JO’s should be principally focussed on providing opportunities to increase efficiency and improve our financial sustainability.  The overwhelming issue for Mid North Coast Councils is financial sustainability but the JO’s nominated core functions do not directly respond to this priority.

 

3.   Significant Costs

The paper proposes that Joint Organisations be required to employ an Executive Officer, with the equivalent capabilities and at an equivalent level to a General Manager, senior staff member in a council or a Department of Premier and Cabinet Regional Co-ordinator.  This means a remuneration package with on costs upwards of $200,000 per annum.  With say a minimalist model comprising three support staff the employment costs alone for a JO will be upwards of $500,000 per annum.  This compares with this Council’s current contribution of $12,000 to the Mid North Coast Regional Organisation of Councils and $28,000 to Local Government NSW.

 

4.   Entity and Powers

Nambucca Shire Council supports governance structure option number 4 in the Emerging Directions paper; that is Body Corporate in the Local Government Act (Enabling).  It is agreed that this is the most enabling and flexible option; however it is submitted that Council should be free to hold equity in other body corporates as well.  The example that best demonstrates Council’s position is being able to utilise an appropriate corporate structure to participate in share service arrangements with other Councils outside their Joint Organisation. Clarification is also sort over the potential liability of member councils for liabilities incurred by the JO.  Council’s preference is for a limit by guarantee or  limit to paid up equity.  

 

5.   Membership

Nambucca’s Council Improvement Proposal was based on membership of the proposed North Coast Joint Organisation.  Council is still comfortable with this position,  however as the Joint Organisation concept has been further developed it has been evident the JO will take on many of the functions of the current Regional Organisation.  It is also apparent the cost being part of a Joint Organisation will far exceed the cost of participating in MIDROC.  Based on these two considerations Council would  welcome an opportunity to consider being part of a larger Joint Organisation, an initial proposal is to combine the North Coast and Mid North Coast JO’s.  This approximates the membership of MIDROC, an organisation that has functioned successful for a long time.  Such a membership would include more than one regional centre and more than one corresponding community of interest, Council does not consider this to be a significant hurdle.  It is argued that the topography, demographics and regional issues are more alike than they are different and the combined Joint Organisation would be well placed to deliver the proposed core functions.

 

6.   Representation

It is proposed that the J O Board comprise one representative from each full member council.  This means in the North Coast JO, a council such as Coffs Harbour City Council with 72,000 residents will have the same representation on a JO as Bellingen Shire Council with 13,000 residents.  This is fundamentally undemocratic and is unlikely to be sustainable if the larger Council believes the JO is not acting in its best interests.  It may be that a JO does not challenge the parochial interests of individual councils over the region, but this may imply the JO as being relatively ineffectual in achieving its core functions.

 

7.   Effective Decision Making

The requirement to have a majority vote of 75% with the Chair having no casting vote may hamper effective and timely decision making.  In terms of decision with no casting vote for the Chair it would be preferable that JO’s have an odd number of members but this may not always be possible.  Council also considers it important that a proxy vote mechanism is available when a member Council’s regular representative is not available.

 

8.   Reporting to Member Councils by the JO

The Emerging Directions paper lacks detail on the reporting arrangements for the JO to Member Councils.  It is essential that clear reporting requirements be mandated including stipulating that the member councils set by consensus, the frequency, format of the reports as well as the performance indicators.  A statutory minimum number of meetings would ensure adequate engagement of member councils. 

 

9.   Annual Financial Statements

It is doubted the requirements for General Purpose Financial Statements as contained in the Local Government Act 1993 would add useful information to the JO’s Annual Financial Statements when compared with compliance with the Australian Accounting Standards.

 

10.  Conflicting Roles for Councillors

Under the Local Government Act 1993, Councillors already have potentially conflicting roles as a member of a governing body and as an elected person.  The Emerging Directions Paper proposes to add a third potentially conflicting role being that the Councillors participating in a Joint Organisation must have a “regional hat” on.  It is difficult to accept that Councillors will approach their role on the JO free from any allegiance or loyalty to their other roles as a member of a Council governing body and as an elected person.

 

11.  Resourcing

Members will fund ongoing administration and regional priorities from available sources, most likely based on contributions from member councils using a “locally negotiated formula”. With member councils proposed to have equal voting rights, larger councils may not be supportive of a per capita based funding model.  Council submits that based on what amounts to compulsory increased operational costs for Councils, that the State should contribute to the funding the Core Operation of JO’s.

 

 

CONSULTATION:

 

Council Workshop 9th October 2015.

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

At this stage there are no implications for the environment.

 

Social

 

At this stage there are no social implications.

 

Economic

 

At this stage there are no economic implications.

 

Risk

 

The major risk identified in the report is the possible creation of a costly and ineffective additional (4th tier) of government. 

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

 

As discussed in Report at item 9.2

 

The proposals in the Emerging Directions Paper regarding for the staffing and operations of Joint Organisations is very concerning for the financial sustainability of Mid North Coast Councils.  Notwithstanding that all of the Councils on the Mid North Coast have real issues with financial sustainability, the JO’s are not focussed on providing opportunities to increase efficiency and improve financial sustainability.  Instead it seems they will impose significant additional costs on Council.  The actual cost will depend on the “locally negotiated formula”.

 

Source of fund and any variance to working funds

 

At this stage there is no impact on working funds.

 

Service level changes and resourcing/staff implications

 

As discussed in Report at item 9.2

 

At this stage there is no impact on service levels and resourcing.  If the Council is obliged to make a significant financial commitment to the JO then consideration will need to be given to reducing service levels in other aspects of Council’s operations.  The proposed core functions being regional strategic planning and priority setting; intergovernmental collaboration; and regional leadership and advocacy are not undertaken by any existing staffing position.  In fact it would be the Mayor and General Manager who currently commit most time to these functions.

 

There is already substantial regional strategic planning and intergovernmental collaboration conducted on the Mid North Coast driven principally by the Department of Premier and Cabinet as well as other State authorities.  The addition of a JO to this process will result in a significant increase in the total resources allocated to regional planning and collaboration.  What return this increase in resources will provide to the residents of rural and regional Australia is the “$64m question”.

 

 

Attachments:

There are no attachments for this report.


Ordinary Council Meeting                                                                                               15 October 2015

General Manager's Report

ITEM 9.15    DA2014/098      151015         Modification to Approved Community Facility

 

AUTHOR/ENQUIRIES:    Daniel Walsh, Senior Town Planner         

 

Summary:

 

Council has previously granted development consent for additions to the rear of the existing fire shed at Buz Brazel Park in Vernon Street, Scotts Head under development application DA2014/098. The proposed modification application includes detaching the originally approved additions from the adjoining fire shed so that it is a standalone building.

 

A copy of the originally approved plans and proposed modification plans have been included within attachments 1 and 2 of this report.

 

The application has been assessed in accordance with the Environmental Planning and Assessment Act 1979 and subject to the modified schedule of conditions, is considered to be consistent with all of the relevant matters for consideration.

 

The modification application is being referred to Council for determination because in accordance with section 47E of the Local Government Act 1993, staff do not have delegated authority to determine the application.

 

NOTE: This matter requires a “Planning Decision” referred to in Section 375A of the Local Government Act 1993 requiring the General Manager to record the names of each Councillor supporting and opposing the decision.

 

 

Recommendation:

 

That Council as the consent authority, pursuant Section 96 of the Environmental Planning and Assessment Act 1979, modify development consent DA2014/098 for additions to a community facility at Lot 147 DP 711481, subject to the modified schedule of conditions outlined in attachment 3 of this report.

 

 

OPTIONS:

 

(a) Grant consent to the modification application.

 

(b) Refuse consent to the modification application.

 

 

DISCUSSION:

 

Background of Proposal and Description of Modification Sought

Development consent was granted to development application DA2014/098 by Council at its meeting on 17 July 2014 for additions to the rear of the existing fire shed at Buz Brazel Park in Vernon Street, Scotts Head. Copies of the originally approved plans have been included within attachment 1.

 

The subject application to modify the development consent includes detaching the proposed additions from the adjoining fire shed so that it is a standalone building. The plans submitted with the modification have been included within attachment 2. The buildings will be separated by 1.2m. Aside from the separation, there will be no other design changes from the originally approved plans aside from minor variations to window sizes and locations.

 

Please note that there is a discrepancy in the side wall exterior elevations with regards to the open ‘viewing area’. The applicant has confirmed that it is intended to maintain the viewing area as per the proposed floor plan, first side wall elevation and originally approved plans. To clarify this, condition 2a has been added to the development consent requiring the ‘viewing area’ to remain open.

 

It is recommended that condition 1 be modified to reflect the modified plans and condition 2a be added for the above reason. The modified schedule of conditions has been included within attachment 3.

 

The proposed modification application is assessed against section 96 of the Environmental Planning and Assessment Act 1979 as follows:

 

SECTION 96(1A)

Council may on application being made by the applicant or any other person entitled to act on a consent granted by Council, modify the development if:

 

Complies

Comments

(a) It is satisfied that the proposed modification is of minimal environmental impact,

Yes

The proposed modification will not result in any further disturbance to the site than what would have already occurred as part of the original consent.

(b) It is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all),

Yes

With the only proposed modifications being detaching the additions by 1.2m and altering sizes and locations of windows, it is considered that the development will be substantially the same as originally approved.

(c) It has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan that requires the notification or advertising of applications for modification of a development consent,

Yes

Clause 119 (3) of the regulation requires the application to be notified in accordance with the Nambucca Development Control Plan 2010 (DCP). In accordance with clause A3.4.2 of the DCP, the application was not notified because it is not considered that the proposed modifications will increase any environmental impacts compared to the original development consent.

(d)It has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Yes

No submissions were received.

 

 

SECTION 96 (3) & (5)

(3) In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application. The matters referred to in section 79C (1) are as follows:

 

Complies

Comments

a  the provisions of:

 

 

(i)  any environmental planning instrument, and

Yes

The proposed modifications will not be contrary to any provision of an environmental planning instrument which applies to the land.

(ii) any proposed instrument that is or has been the subject of public consultation under this Act and that has been notified to the consent authority (unless the Director-General has notified the consent authority that the making of the proposed instrument has been deferred indefinitely or has not been approved), and

Yes

There are no draft planning instruments applicable to the proposed development.

(iii) any development control plan, and

Yes

The proposed modifications will not be contrary to any provision of the Nambucca Development Control Plan 2010.

(iiia) any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under section 93F, and

Yes

No planning agreement or any draft planning agreement has been entered into under section 93F.

(iv) the regulations (to the extent that they prescribe matters for the purposes of this paragraph), and

Yes

The regulations do not prescribe any matters which are relevant to the proposed development.

(v) any coastal zone management plan (within the meaning of the Coastal Protection Act 1979),

Yes

It is not considered that the nature or location of the proposed development will be contrary to any of the management actions outlined within the Coastal Zone Management Plan for the Nambucca Shire Coastline.

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

Yes

Subject to the recommended conditions of consent, it is not considered that the proposal will result in any significant social or economic impacts on the locality due to its scale, location and consistency with surrounding uses.

c   the suitability of the site for the development,

Yes

The proposed modifications do not alter the suitability of the site for the development.

d   any submissions made in accordance with this Act or the regulations,

Yes

No submissions were received.

e   the public interest.

Yes

It is not considered that the proposed development is contrary to the public interest because it will not result in any significant impacts on the natural, social, or economic environments.

(5)Development consent of the kind referred to in Section 79B(3) is not to be modified unless the requirements of Section 79B(3)-(7) have been complied with in relation to the proposed modification as if the proposed modification were an application for development consent.

Yes

The subject site does not contain any critical habitat and it is not considered that the proposed modifications will result in the development having any significant impacts on threatened species, populations, communities or their habitats.

 

CONSULTATION:

 

Nil

 

 

SUSTAINABILITY ASSESSMENT:

 

Environment

 

It is not considered that the proposed modifications will exacerbate the minor impacts resulting from the original consent.

 

Social

 

It is not considered that the proposed modifications will exacerbate the minor impacts resulting from the original consent.

 

Economic

 

It is not considered that the proposed modifications will exacerbate the minor impacts resulting from the original consent.

 

Risk

 

Nil

 

 

FINANCIAL IMPLICATIONS:

 

Direct and indirect impact on current and future budgets

Nil.

 

Source of fund and any variance to working funds

N/A

 

Service level changes and resourcing/staff implications

N/A

 

 

Attachments:

1

32734/2015 - Attachment 1 - Originally Approved Plans

 

2

32733/2015 - Attachment 2 - Modification Plans

 

3

32732/2015 - Attachment 3 - Modified Schedule of Conditions

 

  


Ordinary Council Meeting - 15 October 2015

Modification to Approved Community Facility

 



Ordinary Council Meeting - 15 October 2015

Modification to Approved Community Facility

 




Ordinary Council Meeting - 15 October 2015

Modification to Approved Community Facility

 

Attachment 3 - Modified Schedule of Conditions

 

GENERAL CONDITIONS OF THIS CONSENT

 

Development is to be in accordance with approved plans

 

1.       The development is to be implemented in accordance with the plans endorsed with the Council stamp, dated TBC, and set out in the following table except where modified by any conditions of this consent.

 

Plan Title

Sheet No

Prepared by

Dated

Proposed Additions to Vernon Street Sport Facilities

1

Cavalier Homes

5/13/2014

Elevations

6 of 6

Fair Dinkum Sheds

29/4/2015

 

In the event of any inconsistency between conditions of this development consent and the plans referred to above, the conditions of this development consent prevail.

 

Annual Fire Safety Statement

 

2.         The owner of the premises must provide an annual fire safety statement to Council and the Fire Commissioner. An annual fire safety statement is a statement issued by or on behalf of the owner of a building to the effect that:

(a)   each essential fire safety measure specified in the statement has been assessed by a properly qualified person and was found, when it was assessed, to be capable of performing to a standard no less than that specified in the current fire safety schedule,

(b)  the building has been inspected by a properly qualified person and was found, when it was inspected, to be in a condition that did not disclose any grounds for a prosecution under Division 7 of the Environmental Planning and Assessment Regulation 2000.

Viewing Area

 

2a.     The ‘viewing area’ illustrated on the approved plans is not to contain any enclosing walls (open on three sides).

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE FOR BUILDING WORKS

 

Building Materials and Colours

 

3.       The materials and colours of the proposed additions are to match the existing structure. Prior to the issue of a construction certificate, a schedule of finishes which indicates the colour and type of all finished surfaces is to be submitted to Council for approval.

 

Flood Compatible Materials

 

4.       The flood planning level for this development is 5.002 AHD. The plans and specifications which accompany the construction certificate application are to indicate the use of flood compatible materials below the flood planning level.

 

Flood Resistance

 

5.       The application for a Construction Certificate is to include plans and specifications that indicate the building has be designed so that all structural members will be capable of withstanding flood forces and the impact of any flotsam (carried by floodwaters) likely to occur for a range of floods up to and including the probable maximum flood estimated for the site. (Refer to the NSW Government’s Floodplain Management Manual for guidance on structural design of buildings in flood prone areas).

 

The plans and specifications are to be prepared by a qualified practising Civil Engineer. Such plans and specifications must be approved as part of the Construction Certificate.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO ANY BUILDING OR CONSTRUCTION WORKS COMMENCING

Construction Certificate

 

6.         The erection of the building the subject of this development consent MUST NOT be commenced until:

(a)     Detailed plans/specifications of the building have been endorsed with a Construction Certificate by:

(i)        the Council, or

(ii)        an accredited certifier, and

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

(i)        Appointed a Principal Certifying Authority (PCA) for the building work, and

(ii)       Notified Council of the appointment, and

(iii)        Notified the PCA that the person will carry out the building work as an owner-builder; or

Appointed a contractor for the building work who is the holder of a contractor licence if any residential building work is involved, notified the PCA of any such appointment, and notified the contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work.

(c)      The person having the benefit of the development consent has given Council written notice, at least two days prior to work commencing on site, of the name and details of the PCA and the date construction work is proposed to commence.

 

Erosion & sediment measures

 

7.       Erosion and sedimentation controls are to be in place in accordance with Managing Urban Stormwater - Soils and Construction Vol 1, 4th Edition prepared by Landcom and Development Control Plan (Erosion and Sediment Control) 2009.

 

Note: Council may impose on-the-spot fines for non-compliance with this condition.

 

Site construction sign required

 

8.       A sign or signs must be erected before the commencement of the work in a prominent position at the frontage to the site:

 

a        showing the name, address and telephone number of the principal certifying authority for the work, and

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

c        stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed. No sign is to have an area in excess of one (1) m2.

 

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH DURING CONSTRUCTION

 

Building Code of Australia

 

9.       All building work must be carried out in accordance with the requirements of the Building Code of Australia as in force on the date the application for the relevant construction certificate or complying development certificate was made.

 

Plumbing Standards and requirements

 

10.     All Plumbing, Water Supply and Sewerage Works are to be installed and operated in accordance with the Local Government Act 1993, Plumbing and Drainage Act 2011, the NSW Code of Practice for Plumbing and Drainage and AS/NZS 3500 Parts 0-5, the approved plans (any notations on those plans) and the approved specifications.

 

The Plumber must submit a Notice of Works (NoW) prior to any work being commenced on-site no later than 2 business days before the work is carried out.

 

Construction times

 

11.     Construction works must not unreasonably interfere with the amenity of the neighbourhood. In particular construction noise, when audible on adjoining residential premises, can only occur:

 

a        Monday to Friday, from 7.00 am to 6.00 pm.

b        Saturday, from 8.00 am to 1.00 pm.

 

No construction work is to take place on Sundays or Public Holidays.

 

Builders rubbish to be contained on site

 

12.     All builders rubbish is to be contained on the site in a ‘Builders Skips’ or an enclosure. Building materials are to be delivered directly onto the property. Footpaths, road reserves and public reserves are to be maintained clear of rubbish, building materials and all other items.

 

Maintenance of sediment and erosion control measures

 

13.     Sediment and erosion control measures must be maintained at all times until the site has been stabilised by permanent vegetation cover or hard surface.

 

Standards for demolition work

 

14.     All demolition works are to be undertaken in accordance with the provision of Australian Standard AS 2601-2001 “The Demolition of Structures”.

Shoring and Adequacy of Adjoining Property

 

15.        If the development involves an excavation that extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a)        Protect and support the adjoining premises from possible damage from the excavation, and

(b)   Where necessary, underpin the adjoining premises to prevent any such damage.

 

Stormwater drainage work

 

16.     Stormwater must be collected and disposed of to the existing stormwater drainage system as the existing building. All drainage works are to be installed by a suitably qualified person and in accordance with the requirements of AS/NZS 3500.3:2003 - Plumbing and drainage, Part 3: Stormwater drainage.

 

Inspection of water and drainage works required

 

17.     An inspection must be undertaken by the local water authority prior to the covering of the works specified below:

 

a        sanitary plumbing and drainage

b        potable water supply plumbing

c        completion of all plumbing and drainage works

d        rainwater supply

e        re-claimed water supply

 

The local water supply authority requires a minimum of 24 hours notice to undertake the inspection. You will need to quote your Development Application number and property description to arrange your inspection.

Discovery of a Relic

 

18.        The development is to proceed with caution. If any Aboriginal objects are found, works are to stop and the NSW Office of Environment and Heritage (OEH) notified. If human remains are found work is to stop, the site is to be secured and the NSW Police and OEH are to be notified.

 

THE FOLLOWING CONDITIONS ARE TO BE COMPLIED WITH PRIOR TO OCCUPATION OF THE BUILDING

 

Works to be completed

 

19.     All of the works indicated on the plans and granted by this consent, including any other consents that are necessary for the completion of this development, are to be completed and approved by the relevant consent authority/s prior to the issue of an Occupation Certificate.

 

Occupation Certificate

 

20.        The development shall not be used or occupied until an Occupation Certificate has been issued by the Principal Certifying Authority.

 

Damage to Council’s Infrastructure

 

21.     Where any damage occurs to Council’s infrastructure during construction, such as kerb and gutter, footpaths, inlet pipes, etc, fronting the development site, the principal contractor shall replace or make good the damaged infrastructure before the occupation certificate is issued.

 

Fire Safety Certificate

 

22.       A Fire Safety Certificate shall be furnished to the PCA for all the “Essential Fire or Other Safety Measures” forming part of this approval prior to issue of an Occupation Certificate.  A copy of the Fire Safety Certificate must be submitted to Council by the Principal Certifying Authority with the Occupation Certificate.

            In accordance with the Environmental Planning and Assessment Regulation 2000:

(a)  A final Fire Safety Certificate shall state that each essential fire safety measure specified in the current Fire Safety Schedule for the building to which the Certificate relates:

(i)        has been assessed by a properly qualified person; and

(ii)   was found, when it was assessed, to be capable of performing to a standard not less than that required by the current fire safety schedule for the building for which the Certificate is issued.

(b)  The assessment must have been carried out within the period of three (3) months prior to the date on which the final Fire Safety Certificate is issued.

(c)  The choice of person to carry out the assessment is up to the owner of the building.

(d)  The person who carries out the assessment:

(i)      must inspect and verify the performance of each fire safety measure being assessed; and

(ii)     must test the operation of each new item of equipment installed in the building premises that is included in the current Fire Safety Schedule for the building.

(e)    As soon as practicable after a final Fire Safety Certificate is issued, the owner of the building to which it relates:

(i)    must cause a copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be given to the Commissioner of New South Wales Fire Brigades; and

(ii)   must cause a further copy of the Certificate (together with a copy of the current Fire Safety Schedule) to be prominently displayed in the building.

REASONS FOR CONDITIONS

 

·      To ensure that the proposed development:

(a)      achieves the objectives of the Environmental Planning and Assessment  Act 1979;

(b)      complies with the provisions of all relevant Environmental Planning Instruments;

(c)      is consistent with the aims and objectives of Council’s Development Control Plans, Codes and Policies.

 

·      To ensure the protection of the amenity and character of land adjoining and in the locality of the proposed development.

 

·      To minimise any potential adverse environmental, social or economic impacts of the proposed development.

 

·      To ensure the development does not conflict with the public interest.

 

 

 


OTHER APPROVALS

 

The following Section 68 Approvals

have been issued with this consent:  B1      Carry out water supply work

B5   Carry out stormwater drainage work

 

Integrated Development:                   NO