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1148 RESOLVED
on the MOTION of Councillor Greg Davies seconded Councillor Karen McKeown
That:
1. The information contained in the report
on Variation of Restrictive
Covenant applying to Lot 814 DP 106832 (No. 54-57) Belleview Avenue, Mount Vernon
be received
2. The terms of
clause (b) of Restrictive Covenant fourthly referred to in the 88B Instrument
attached to Lot 814, DP 1068323, be varied as follows as it applies to Lot 814 only:
(b) All development erected
on the subject lot will be in accordance with the proposed building platform
indicated on the Survey Plan Prepared by Britten and Associates Pty Ltd,
Drawing Number 11906/2, dated August 2006
3. The Common
Seal of Penrith City Council be affixed to the necessary documentation
4. Development
Application No 06/0775 for the construction of a dwelling, in-ground swimming
pool, pavilion, shed and entry gates, and the installation of an on site
sewerage management system, be approved subject to the proposed conditions of
Development Consent as follows:
Standard
Conditions
4.1 A008 – Works to BCA requirements
A009
– Residential Works DCP
A019
– Occupation Certificate
D001
– Sedimentation and Erosion Controls
D009
– Covering Waste Storage area
E001
– BCA compliance
E005
– Smoke Alarms
F010
– Septic distance from house
F014
– Aerated Irrigation
F015
– Aerated Service contract
H001
– Stamped plans and erection of site notice
H011
– Engineering plans and specifications
H013
– Further details of building components
H014
– Slab design
H015
– Termite protection
H036
– Rainwater tank
H037
– Safe supply from catchment
H038
– Connection of rainwater tank supply
H039
– Rainwater tank pumps
H041
– Hours of work
H034
– Bushfire roof sarking
I003
– Roads Act approval
J001
– Excavated material removal
J002
– Fencing when water in pool
J004
– Pool fence residential
J009
– Backyard pool safety package
J010
– Pool board/sign
K017
– Stormwater and sewerage plan
L001
– General landscaping
L008
– Tree preservation order
Q001
– Notice of commencement and appointment of PCA
Special
Conditions
4.2 The development must be implemented
substantially in accordance with the plans numbered 1399-06, 1 to 4, drawn by
Douglas Design and dated 7th March 2006, the application form, the BASIX
Certificate, and any supporting information received with the application,
except as may be amended in red on the attached plans and by the following
conditions
The on-site sewage management
system shall be installed and implemented in accordance with the
recommendations of The Onsite Wastewater Management Report prepared by
EnviroTech, dated 7th May 2006. An operational licence for the system is
to be sought from and issued by Penrith City Council before the on-site sewerage management
system is commissioned/can be used, and an Occupation Certificate can be
issued for the development
4.3 All boundary fences are to be low
profile, open style and rural in character in accordance with the City of Penrith Rural Development Control Plan
1991
4.4 The
shed shall not be used under any circumstances for any commercial, industrial
or habitable residential activity
4.5 Prior
to the issue of a Construction Certificate for the development, the variation
of the Restriction on the Use of land numbered 4(b) in DP 1068323, shall be
registered with the Land and Property Information division of the Department
of Lands
The variation to the covenant shall be in the terms
approved by resolution of Penrith City Council
4.6 Cut
and fill operations on the property are only permitted in conjunction with
the building works and shall be strictly limited in depth and extent to that
detailed on the approved plans and specifications
Before any fill material is imported to site, a
validation certificate issued by an appropriately qualified person is to be
provided to the Principal Certifying Authority. The validation
certificate must demonstrate that the fill material is free from contaminants
and weeds, that it is suitable for its intended purpose and land use, and
that it will not pose an unacceptable risk to human health or the environment
If
Penrith City Council is not the Principal Certifying Authority, a copy of the
validation certificate is to be submitted to Council for their reference
{Note:
Penrith Contaminated Land Development Control Plan defines an appropriately
qualified person as “a person who, in the opinion of Council, has a
demonstrated experience, or access to experience in hydrology, environmental
chemistry, soil science, eco-toxicology, sampling and analytical procedures,
risk evaluation and remediation technologies. In addition, the person will be
required to have appropriate professional indemnity and public risk
insurance.”}
4.7 All
house sewer and plumbing work shall be carried out in accordance with Sydney
Water's requirements or the Local Government (Water, Sewerage and Drainage)
Regulation 1993
a) Penrith City Council is both the
consent authority and certifying authority for the installation of the On
Site Sewage Management System (OSSM), otherwise known as a septic tank
system. It is your responsibility to contact Council's Building Approvals and
Environment Protection Department to organise all inspections required for
the installation of the system. In this regard, the following will require
inspection:
· All
internal and external drainage lines and septic tanks before they are
backfilled/covered
· On
completion of the system's installation and prior to its commissioning,
ensuring compliance with those conditions specific to the installation of the
system
A copy of the satisfactory inspection reports
carried out by Council shall be submitted to the Principal Certifying
Authority if Council is not the Principal Certifying Authority
i. The septic tank, drainage lines and
effluent disposal area shall not be altered without the prior approval of
Council. In addition, the septic tank shall not be buried or covered
ii. There shall be no effluent runoff from
the subject property to adjoining premises, public places or reserves
iii. There shall be available all year
round, adequate water supply that is available to the property
4.8 The
disposal area shall have a minimum area of 1044m2 and shall be prepared in
accordance with the “Environmental and Health Protection Guidelines On Site
Sewage Management for Single Households” and AS1547:2000
Prior to the issue of the Occupation Certificate
and the issue of an operational licence for the OSSM system by Penrith City
Council, the effluent disposal area shall be:
· Prepared/
landscaped in accordance with the stamped - approved plans
All stormwater and seepage shall be diverted away
from the disposal area by using an agricultural drain or earthen bund and
dish drain
4.9 Prior
to the commencement of construction works:
(a) Toilet facilities at or in the vicinity
of the work site shall be provided at the rate of one toilet for every 20
persons or part of 20 persons employed at the site. Each toilet provided must
be:
· A
standard flushing toilet connected to a public sewer, or
· If
that is not practicable, an accredited sewage management facility approved by
the council, or
· Alternatively,
any other sewage management facility approved by council
4.10 The
following matters are ancillary aspects of the development under Section 80A (2) of the Environmental
Planning and Assessment Act, 1979.
Appeal provisions will apply to the submission requirements regarding
ancillary aspects of the development (see Sections 80A(3) and 97 of the Act)
(a) External
materials are to be earthy tones and match or complement the buildings
natural setting. Details on achieving this requirement, including a schedule
of external colours and finishes shall be submitted to Council for
consideration and approval prior to the issue of a Construction Certificate
4.11 The
recommended construction details to reduce aircraft noise intrusion to meet
indoor design sound levels, as detailed in the report prepared by Acoustic
Logic Consultancy and dated 12th May 2006 are to be undertaken during
construction. As the recommended construction
details are carried out and on completion of the development, a qualified acoustic consultant shall certify
that the development has been
constructed to meet the indoor design sound levels
in accordance with the approved acoustic report
4.12 The
swimming pool is to be fitted with filtration equipment which does not
require a backwash facility
4.13 Roof
and surface water shall be disposed of in accordance with the approved drainage design. Overflow from the
existing in-ground rainwater tank is to
be disposed of into the street gutter
4.14 The
existing trees to the perimeter of the property, other than those nominated
on the site plan to be relocated, shall be retained and duly protected during
the construction of the development. Tree protection measures shall be
installed before any works can commence on site including the clearing of
site vegetation
4.15 An
Occupation Certificate is to be obtained from the Principal Certifying
Authority on completion of all works and prior to the occupation of the
dwelling. The commitments listed in the BASIX Certificate are to be completed
prior to the issue of the Occupation Certificate
The Certificate shall not be issued if any conditions of
this consent, but not the conditions
relating to the operation of the development, are outstanding. This includes submitting the following
documentation to the Principal Certifying Authority:
(a) Written documentation or Compliance
Certificate from Penrith City Council certifying to the satisfactory
completion of works approved under the Roads Act 1993
(b) Written documentation or certification
attesting to the satisfactory
installation of, and the Licence to Operate the on site sewage management
system issued by Penrith City Council
(c) Certification from a qualified acoustic
consultant certifying that the development has been constructed in accordance with the approved acoustic
report/to meet the indoor design sound levels in accordance with the approved
acoustic report
A copy of the Occupation
Certificate and all necessary documentation supporting the issue of the
Certificate is to be submitted to Penrith City Council, if Council is not the
Principal Certifying Authority. In the
event that a Compliance Certificate was issued by the Principal Certifying
Authority certifying compliance that all conditions of the development
consent required to be met has in fact been met as well as any documentation stated above, shall be submitted
to Penrith City Council if Council is not the Principal Certifying Authority.
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