New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clause 13)
Note--: Clauses 13, 13A and 13B contain further requirements for complying development.
| Column 1 | Column 2 | |
| Type of development | Development standards | |
| Awnings, carports, pergolas, shade structures and sunshades Applies to an awning, carport, pergola, shade structure or sun shade that--(a) occupies an area not greater than 40m 2, and(b) is not exempt development under Schedule 2. | Height must not exceed 4m above ground level. Must be set back behind the following--(a) the building line of the land,(b) the alignment of any dwelling on any adjoining land.Must be set back from the side and rear boundaries of the land--(a) at least 1.5m if the land is in Zone 1--Environmental Housing (Environmentally Sensitive Land), Zone 2--Environmental Housing (Scenic Quality) or Zone 3--Environmental Housing (Bushland) or bush fire prone land, or(b) at least 500mm in any other case.Finished floor level must be no more than 1m above ground level. Must not be carried out on land that is adjacent to Zone 22--Arterial Road if the development involves a new vehicular accessway, or alters an existing accessway, to an arterial road in that zone. Must not be carried out on bush fire interface property or bush fire prone land, except if constructed of non-combustible materials. Must not be carried out on contaminated risk land, flood planning land, foreshore land or heritage item land. Must meet the standards for access, car spaces, landscaped area, storm water and tree removal and pruning. | |
| Bed and breakfast accommodation Applies to use of a dwelling for bed and breakfast accommodation, other than--(a) a dwelling that is part of a dual occupancy, townhouse, villa house or residential flat building, or(b) a dwelling on land that is adjacent to Zone 22--Arterial Road, if the development would involve a new vehicular accessway, or the alteration of an existing accessway, to an arterial road in that zone. | Maximum of 1 sign, provided by the Sutherland Shire Tourism
Association Inc, advertising the accommodation on the site. Advertising sign must--(a) be located behind the building alignment, and(b) not have an area of more than 1.5m 2.Must provide at least 1 off-street car space for guests in addition to any residential parking. Car spaces must be located so as to minimise disturbance to, and preserve the privacy of, other residences. Locks must be fitted to guest rooms and external doors, and must be capable of being opened from the inside by a single handed action without the need for a key. Must not be carried out on bush fire prone land, contaminated risk land, flood planning land, foreshore land or heritage item land. Must meet the standards for car spaces, storm water and tree removal and pruning. | |
| Building alterations (internal) Applies to internal building alterations, other than--(a) alterations to incomplete buildings, or(b) the installation of oil or solid fuel heating appliances, or(c) the installation of any commercial mechanical exhaust ventilation system, or(d) alterations that are exempt development under Schedule 2. | Alterations to any part of residential premises used for the
purpose of preparation or storage (or both) of food for sale to the public as
part of a home occupation must comply with--(a) the Australian Standard AS
4674--2004, Design, construction and fit-out of food premises , and(b) the
Code for Commercial Home Catering .Must not be carried out on bush fire prone
land, except if constructed in accordance with Planning for Bush Fire
Protection . Must not be carried out on heritage item land. Must meet the standards for access, car spaces, floor space and landscaped area. | |
| Cabanas and gazebos Applies to a cabana or gazebo that--(a) occupies an area not greater than 40m 2, and(b) is not on land that is adjacent to Zone 22--Arterial Road if the development involves a new vehicular accessway, or alters an existing accessway, to an arterial road in that zone, and(c) is not exempt development under Schedule 2. | Height must not exceed 4m above ground level. Finished floor level must not be greater than 1m above ground level. Must be set back behind the following--(a) the building line of the land,(b) the alignment of any dwelling on any adjoining land.Must be set back from the side and rear boundaries of the relevant land--(a) at least 1.5m if the land is in Zone 1--Environmental Housing (Environmentally Sensitive Land), Zone 2--Environmental Housing (Scenic Quality) or Zone 3--Environmental Housing (Bushland) or bush fire prone land, or(b) at least 500mm in any other case.Must not be carried out on acid sulfate soils land if part of a development that requires development consent under clause 23. Must not be carried out on bush fire interface property, contaminated risk land, flood planning land, foreshore land or heritage item land. Must meet the standards for access, landscaped area, storm water and tree removal and pruning. | |
| Cubby houses, garden sheds, greenhouses and studios Applies to a cubby house, garden shed or studio that--(a) occupies an area not greater than 40m 2, except on land in Zone 15--Private Recreation, and(b) is not on land that is adjacent to Zone 22--Arterial Road if the development involves a new vehicular accessway, or alters an existing accessway, to an arterial road in that zone, and(c) is not exempt development under Schedule 2. | Must be erected in rear or side yards. Height must not exceed 4m above ground level. Must be set back behind the following--(a) the building line of the land,(b) the alignment of any dwelling on any adjoining land.Must be set back from the side boundaries of the relevant land--(a) at least 1.5m if the land is in Zone 1--Environmental Housing (Environmentally Sensitive Land), Zone 2--Environmental Housing (Scenic Quality) or Zone 3--Environmental Housing (Bushland) or bush fire prone land, or(b) at least 500mm if the proposed building is detached and to the rear of any dwelling with which it is associated, or(c) at least 900mm in any other case.Finished floor level must be no more than 1m above ground level. Must not be carried out on bush fire prone land, except if constructed of non-combustible materials. Must not be carried out on bush fire interface property, contaminated risk land, foreshore land or heritage item land. Must meet the standards for access, car spaces, floor space, landscaped area, storm water and tree removal and pruning. | |
| Decks and patios Applies to a deck or patio that--(a) occupies an area not greater than 40m 2, and(b) is not exempt development under Schedule 2. | Finished surface level must
not be greater than 1m above ground level. Must be set back behind the following--(a) the building line of the land,(b) the alignment of any dwelling on any adjoining land.Must be set back at least 1.5m from the side and rear boundaries of the relevant land in the following cases--(a) the deck or patio is located on land in Zone 1--Environmental Housing (Environmentally Sensitive Land), Zone 2--Environmental Housing (Scenic Quality), Zone 3--Environmental Housing (Bushland), or bush fire prone land,(b) the deck or patio has a height of more than 500mm above ground level,(c) it is a deck to a swimming pool and the pool or the deck stands higher than 500mm above ground level.Must be set back at least 900mm from side and rear boundaries of the relevant land in any other case. Must not be carried out on acid sulfate soils land if part of a development that requires development consent under clause 23. Must not be carried out on bush fire interface property, contaminated risk land, foreshore land or heritage item land. Must meet the standards for access, floor space, landscaped area, storm water and tree removal and pruning. | |
| Demolition Applies to demolition of buildings and retaining walls, other than demolition that is exempt development under Schedule 2. | Must comply with the Australian
Standard AS 2601--2001, Demolition of structures . Must not be carried out in connection with the decontamination, rehabilitation or remediation of contaminated land (within the meaning of Part 7A of the Act). Must not be carried out on acid sulfate soils land if part of a development that requires development consent under clause 23. Must not be carried out on contaminated risk land, foreshore land or heritage item land. Must meet the standards for tree removal and pruning. | |
| Dwelling houses Applies to the erection of, or additions or alterations to, single storey or two-storey dwelling houses, other than--(a) the addition of any storey to two storey dwelling houses, or(b) any erection, alterations or additions on land--(i) in Zone 1-- Environmental Housing (Environmentally Sensitive Land), Zone 2-- Environmental Housing (Scenic Quality) or Zone 3--Environmental Housing (Bushland), or(ii) on which the Australian Noise Exposure Forecast (endorsed by Airservices Australia and current on the commencement of this plan) is between 20 and 25, or(iii) land that is adjacent to Zone 22--Arterial Road if the development involves a new vehicular accessway, or alters an existing accessway, to an arterial road in that zone, or(iv) land in a Greenweb Support area or Greenweb Core area, as shown on the Greenweb Map, or(v) land that is an internal lot. | ||
| General standards | Must have vehicular access from the lowest order road shown
on the Road Hierarchy Map if the development has 2 or more road frontages. Must not be carried out on acid sulfate soils land if part of a development that requires development consent under clause 23. Must not be carried out on bush fire interface property, except if constructed in accordance with Planning for Bush Fire Protection . Must not be carried out on contaminated risk land, flood planning land, foreshore land or heritage item land. Must meet the standards for access, floor space, landscaped area, storm water and tree removal and pruning. Must be set back from the front boundary by--(a) 7.5m, and(b) not less than the alignment of any dwelling on any adjoining land.In the case of corner properties, must be set back--(a) 7.5m from the narrowest street frontage, and(b) 3.5m from the second street.Must be set back from the rear boundaries by a minimum of 6m. Finished ground floor level must be within 1m of the existing ground level. Basement footprint must not exceed the ground floor footprint. Maximum area of the site to be affected by cut or fill to a greater depth than 300mm must not exceed 60% of the dwelling footprint. Cut for slab on ground construction must not extend further than 900mm beyond the dwelling footprint. Filling must be contained within the footprint of the dwelling. Natural rock outcrops on the site greater than 5m 2 in area must be retained. Vegetative cover on slopes greater than 18° must be maintained. Dwelling entry must face the street and the dwelling must overlook any other adjacent public areas. Dwelling must not present blank walls to any street frontage. Maximum length of any external wall without openings is 6m. Habitable room windows with a direct outlook to habitable rooms in any adjacent dwelling within 9m must be offset by a minimum of 1m to limit the views into the adjacent windows. Must not reduce existing sunlight access to useable private open space and windows of living areas of any adjoining property to less than four hours between 9 am and 3 pm on 21 June. Living areas must be orientated between north-west and north-east. Dwelling must provide at least one primary area of useable private open space at ground level and directly accessible from a living area with minimum dimensions of 6m x 6m. Minimum of 10m 2 of the outdoor private open space for the dwelling must receive direct sunlight at ground level for at least four hours between 9 am and 3 pm on 21 June. Roof or wall cladding materials must not be highly reflective. Must not involve the installation of any oil or solid fuel heating appliance or any commercial mechanical exhaust ventilation system. Minimum of 2 car spaces must be provided behind the building line. Note--: See separate entry under " Garages " in this Table for relevant standards relating to the erection of garages as complying development. See also entry under " Driveways or pathways " in Schedule 2 for relevant standards relating to the installation of driveways as exempt development. | |
| Single storey dwelling houses Applies to--(a) a proposed single storey dwelling house, and(b) the additions to a single storey dwelling house, other than the addition of a second storey. | Building height must not exceed 5.4m, as measured from the ground level to the
highest point of the roof. Must be set back at least 900mm from the side boundaries. | |
| Two-storey dwelling houses Applies to--(a) a proposed two-storey dwelling house, and(b) the addition of a second storey to a single storey dwelling house, and(c) a second storey alteration or addition to an existing two storey dwelling house. | Must comply
with the height requirements of clause 33 (4). Must not involve the erection of any balconies off the second storey that face the side or rear boundaries. Second storey must be set back at least 1.5m from the side boundaries. Second storey depth must not exceed--(a) 10m, and(b) 50% of the depth of the allotment, measured from the primary street frontage.Second storey must not contain a kitchen or primary living area. | |
| Fences, gates and retaining walls Applies to fences, gates and retaining walls, other than the following--(a) fences on street frontages of land occupied by dual occupancies, townhouses or villa houses,(b) fences erected on land at Alfords Point, Barden Ridge, Bangor, Bonnet Bay, Illawong, Lucas Heights, Menai, Woronora Heights or Sylvania Waters if covenants applying to the land restrict the erection of such fences,(c) fences erected between the rear of dwellings and the waterway at Sylvania Waters if covenants applying to the land restrict the erection of such fences,(d) fences, gates and retaining walls that are exempt development under Schedule 2. | Front fences within the front building line must not exceed
1m in height above ground level. Side or rear fences, behind the building line, must not exceed 1.8m in height above ground level. Retaining walls--(a) must be set back at least 500mm from any boundary, and(b) must not exceed 1m in height above ground level, and(c) must not be longer than 20m, and(d) must be for the purpose of retaining soil on the site and not to enable filling of the site.Must not be carried out on land that is adjacent to Zone 22--Arterial Road if the development involves a new vehicular accessway, or alters an existing accessway, to an arterial road in that zone. Must not be carried out on acid sulfate soils land if part of a development that requires development consent under clause 23. Must not be carried out on bush fire interface property or bush fire prone land, except if constructed of non-combustible materials. Must not be carried out on contaminated risk land, flood planning land, foreshore land or heritage item land. Must meet the standards for access, car spaces, floor space, landscaped area, storm water and tree removal and pruning. | |
| Fire alarms Applies to--(a) internal alterations to a building, and(b) internal alterations to a building, together with mounting of any antenna, and any support structure, on an external wall or roof of a building occupying a space of not more than 450mm × 100mm × 100mm.Applies to development for the purpose of--(a) converting a fire alarm system from connection with the alarm monitoring system of New South Wales Fire Brigades to connection with the alarm monitoring system of a private service provider, and(b) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with the alarm monitoring system of another private service provider, and(c) converting a fire alarm system from connection with the alarm monitoring system of a private service provider to connection with a different alarm monitoring system of the same private service provider. | ||
| Garages Applies to a garage that--(a) occupies an area not greater than 40m 2, and(b) is not on land that is adjacent to Zone 22--Arterial Road if the development involves a new vehicular accessway, or alters an existing accessway, to an arterial road in that zone. | Height must not exceed 4m above ground level. Must be set back behind the following--(a) the building line of the land,(b) the alignment of any dwelling on any adjoining land.Must be set back as follows from the side and rear boundaries of the relevant land--(a) at least 1.5m if the land is in Zone 1--Environmental Housing (Environmentally Sensitive Land), Zone 2--Environmental Housing (Scenic Quality) or Zone 3--Environmental Housing (Bushland) or bush fire prone land,(b) at least 500mm if the garage is detached and to the rear of any dwelling with which it is associated,(c) at least 900mm in any other case.Finished floor level must be no more than 1m above ground level. Must not be carried out on bush fire prone land, except if constructed in accordance with Planning for Bush Fire Protection . Must not be carried out on bush fire interface property, contaminated risk land, flood planning land, foreshore land or heritage item land. Must meet the standards for access, car spaces, floor space, landscaped area, storm water and tree removal and pruning. | |
| Seawalls Applies to reconstruction, replacement or repair of seawalls in Sylvania Waters. | ||
| Subdivision of land Applies to subdivision of land for any of the following purposes--(a) widening of a public road by a roads authority (within the meaning of the Roads Act 1993 ),(b) adjusting a boundary between lots (including correcting an encroachment on a lot),(c) creating a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 ,(d) creating a lot for a public reserve. | In the case of subdivision carried out for the purpose of adjusting a boundary between lots--(a) the size and dimensions of resulting lots must not be less than any relevant minimum size and dimensions provided for in clauses 39-42, and(b) the subdivision must not result in an increased number of lots or the reorientation of lots.In the case of subdivision carried out for the purpose of creating a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 --(a) the erection of any building comprised in the lot must have been approved and carried out after 1 July 1988, and(b) any development carried out for the purpose of the building (including the erection of the building) must have been carried out in accordance with any relevant development consent, and(c) the development must not result in strata subdivision of dual occupancy that does not comply with clause 40.In the case of subdivision creating a lot for a public reserve, the size and dimension of any residue lot must not be less than any relevant minimum size and dimensions provided for in clauses 39-42. | |
| Swimming pools | Must be installed or erected in rear or side yards, behind the
building line. Pool must be set back as follows from the side and rear boundaries of the relevant land--(a) at least 1.5m to the waterline of the pool if the land is in Zone 1--Environmental Housing (Environmentally Sensitive Land), Zone 2--Environmental Housing (Scenic Quality) or Zone 3--Environmental Housing (Bushland) or bush fire prone land,(b) at least 1.5m to the waterline of the pool if the pool, its surrounds or decking stands higher than 500mm above ground level,(c) at least 1m to the waterline of the pool in any other case.In-ground pool must not exceed a height of 1m above ground level. Above ground pre-fabricated pool (where any coping width is no greater than 250mm wide) must not exceed a height of 1.2m above ground level. Pool pump and equipment associated with the pump must be designed so as to be sound insulated or isolated so that the noise emitted does not exceed an LAeq of 5 dB(A) above background noise level in any octave band from 63 Hz centre frequencies inclusive, as measured at the property boundary in accordance with the Australian Standard AS 1055.1--1997, Acoustics--Description and measurement of environmental noise--General procedures. Pool, surrounds and any decking must be screened by plants if the pool, its surrounds or decking stands more than 500mm above ground level. Child resistant barriers must meet the standards specified by the Swimming Pools Act 1992 . Must meet the standards required under Sutherland Shire Council Environmental Specification--Swimming Pools . Must not be part of a development that requires development consent under clause 23. Must not be carried out on bush fire interface property, except if associated fencing and decking is constructed of non-combustible materials. Must not be carried out on bush fire prone land, except if associated fencing is constructed of non-combustible materials. Must not be carried out on contaminated risk land, flood planning land, foreshore land or heritage item land. Must meet the standards for landscaped area, storm water and tree removal and pruning. Note--: The Swimming Pools Act 1992 and regulations contain standards in relation to swimming pools, including child resistant barriers. Note--: See also provisions for decks or patios. |
| Column 1 | Column 2 | |
| Type of Development | Development Standards | |
| Building alterations (external) Applies to external building alterations to buildings that have been lawfully constructed, other than--(a) alterations to incomplete buildings, and(b) buildings on land that is adjacent to Zone 22--Arterial Road if the development involves a new vehicular accessway, or alters an existing accessway, to an arterial road in that zone, and(c) alterations that are exempt development under Schedule 2. | Alterations to buildings on community
land within the meaning of the Local Government Act 1993 must be undertaken
in accordance with a plan of management under that Act. Must not contravene any conditions of a development consent applicable to building or its use. Must not involve the making of, or the alteration to the size of, any opening in the roof of a building or any opening in an external wall (such as a doorway or window), other than facades below the awning on shopfronts in Zone 8--Urban Centre, Zone 9--Local Centre or Zone 10--Neighbourhood Centre that may be altered to increase window openings. If the alterations involve the erection of a roof over a wash bay area for a business that carries out wet processes (such as the washing of motor vehicles), the wash bay area must be set back behind the building line. Must not--(a) alter existing storm water disposal arrangements, or(b) reduce landscaping on site, or(c) increase the total floor space or footprint of the premises, or(d) reduce the provision of parking or loading and unloading areas.Must not be carried out on acid sulfate soils land if part of a development that requires development consent under clause 23. Must not be carried out on bush fire interface property, contaminated risk land, flood planning land, foreshore land or heritage item land. Must not be carried out on bush fire prone land, except if constructed in accordance with Planning for Bush Fire Protection . Must meet the standards for access and tree removal and pruning. | |
| Building alterations (internal) Applies to internal alterations to buildings that have been lawfully constructed, other than--(a) alterations to incomplete buildings, or(b) alterations for the installation of any commercial mechanical exhaust ventilation system, or(c) alterations that are exempt development under Schedule 2. | Must not contravene any conditions of a development consent
applicable to building or its use. Must not increase the gross floor area of buildings used for industry or business premises (including pedestrian arcades) unless--(a) the increase in area results from the addition of an internal mezzanine floor, and(b) the internal mezzanine floor is added for the purpose of storage or amenities, and(c) the increase in area does not exceed 50m 2.Alterations to any part of residential premises used for the purpose of preparation or storage (or both) of food for sale to the public as part of a home occupation must be undertaken in accordance with--(a) the Australian Standard AS 4674--2004, Design, construction and fit-out of food premises , and(b) the Code for Commercial Home Catering .Alterations to a food shop or restaurant--(a) must comply with the Australian Standard AS 4674--2004, Design, construction and fit-out of food premises , and(b) must not involve the erection or installation of an externally mounted or located exhaust duct, fan or refrigeration unit.Alterations for the purpose of a beauty salon or a hairdresser, must be undertaken in accordance with any relevant standards under the Local Government Act 1993 (being standards that are enforceable by the making of Order No 5 under the Table to section 124 of that Act). Alterations to sound producing machinery, or fittings, associated with or forming part of an existing mechanical ventilation system or refrigeration system--(a) must be sound insulated or isolated so that the noise emitted does not exceed LAeq of 5 dB(A) above the background level in any octave band from 63 Hz centre frequencies inclusive, as measured at the property boundary in accordance with the Australian Standard AS 1055.1--1997, Acoustics--Description and measurement of environmental noise--General procedures , and(b) must not emit any tonal, impulsive or intermittent sounds.Alterations involving sewer connections must meet the standards contained in an approval under the Local Government Act 1993 . Must not be carried out on heritage item land. Must meet the standards for car spaces. | |
| Change of use of premises Applies to the following different uses of premises--(a) light industry, resulting from a change from industry, bulky goods or recreation facility to light industry,(b) a warehouse, resulting from a change from industry, bulky goods premises, or recreation facility to a warehouse. | Must satisfy the
conditions imposed by the consent authority for the use in existence before
the use changed, in relation to--(a) gross floor area,(b) parking,(c)
loading,(d) landscaping,(e) waste management,(f) external storage,(g)
ancillary sale of products.Changed use must not be as a vehicle and mechanical
repair premises. Hours of operation exclude Sunday and public holidays in the case of light industry. Changed use must not--(a) involve handling, storing or using hazardous chemicals or materials otherwise than on a domestic scale (except on farms and at a distance of more than 25m from any habitable building), or(b) release any hazardous chemicals or materials or any pollutants into the environment.Changed use must not cause interference with the amenity of the neighbourhood because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, waste water, waste products, grit or oil, traffic, parking or otherwise. Must not be carried out on foreshore land or heritage item land. | |
| Subdivision of land Applies to subdivision of land for any of the following purposes--(a) widening of a public road by a roads authority (within the meaning of the Roads Act 1993 ),(b) adjusting a boundary between lots (including correcting an encroachment on a lot),(c) creating a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 ,(d) creating a lot for a public reserve. | In the case of subdivision carried out for the purpose of adjusting a boundary between lots--(a) the size and dimensions of resulting lots must not be less than any relevant minimum size and dimensions provided for in clauses 39-42, and(b) the subdivision must not result in an increased number of lots or the reorientation of lots.In the case of subdivision carried out for the purpose of creating a lot within the meaning of the Strata Schemes (Freehold Development) Act 1973 or the Strata Schemes (Leasehold Development) Act 1986 --(a) the erection of any building comprised in the lot must have been approved and carried out after 1 July 1988, and(b) any development carried out for the purpose of the building (including the erection of the building) must have been carried out in accordance with any relevant development consent, and(c) the development must not result in strata subdivision of dual occupancy that does not comply with clause 40.In the case of subdivision creating a lot for a public reserve--the size and dimension of any residue lot must not be less than any relevant minimum size and dimensions provided for in clauses 39-42. |
Note 1--: Complying development must comply with the requirements of the Act, the regulations, and this plan. This includes carrying out the development in accordance with the plans and specifications referred to in the complying development certificate.
Note 2--: Information relevant to the carrying out of complying development is also contained in other legislation, including the Building and Construction Industry Long Service Payments Act 1986 , the Home Building Act 1989 , the Protection of the Environment Operations Act 1997 , the Roads Act 1993 , the Swimming Pools Act 1992 and the Sydney Water Act 1994 .
The person having the benefit of the complying development certificate must give the occupier of any adjoining premises at least 2 days notice before work commences, and provide--
(a) the name and accreditation number of the appointed principal certifying authority, and
(b) the builder's name, telephone number and licence number.
A copy of the complying development certificate and the accompanying documents must be available on site at all times during demolition and construction.
Prior to work commencing--
(a) the current condition of any council property in the vicinity of the development must be documented and photographed and provided to the Council at the time notice to commence demolition or the erection of a building is given, and
(b) security must be provided in accordance with the Council's Schedule of Fees and Charges for Goods and Services .
Prior to demolition work commencing, the person having the benefit of the complying development certificate must ensure that the person carrying out the demolition work has a current public liability insurance policy to the value of at least $5,000,000 that covers injury or damage that may arise as a consequence of carrying out that work and must provide evidence of that policy to the Council at the time notice to commence demolition is given.
(1) Prior to work commencing--(a) consent from the relevant roads authority under the Roads Act 1993 for each opening of a public road that will be required by the development must be held, and(b) written permission from the relevant roads authority under the Roads Act 1993 to stand or operate vehicles or machines required by the development on the footpath reserve must be held, and(c) consent from the relevant roads authority under the Roads Act 1993 to construct each footpath crossing required by the development, at a level acceptable to the roads authority, must be provided to the principal certifying authority.
(2) All construction materials, sheds, temporary water closets, spoil, hoardings and machinery that relate to the development must be kept within the site, other than machinery that is subject to a permission under subclause (1) (b).
Prior to any work commencing, if the development involves the demolition or construction of a building, a waste management plan must be submitted to the Council in accordance with the development control plan.
(1) Run-off and erosion controls must be implemented to prevent erosion, water pollution or the discharge of loose sediment on the surrounding land by--(a) diverting uncontaminated run-off around cleared or disturbed areas, and(b) erecting and maintaining a silt fence to prevent debris escaping into drainage systems or waterways, and(c) preventing tracking of sediment by vehicles onto roads, and(d) stockpiling topsoil, excavated material, construction and landscaping supplies and debris within the site.Note--: Under the Protection of the Environment Operations Act 1997 it is an offence to pollute any waters.
(2) Any removal or disturbance of vegetation or topsoil must be confined to within 3 metres of the proposed development.
All construction relating to the development, other than development involving internal alterations within a shopping arcade or centre, must be undertaken between the following hours--
(a) Monday to Friday--7.00 am to 6.00 pm,
(b) Saturday--8.00 am to 5.00 pm,and no such construction is to be undertaken on a Sunday or a public holiday.
The noise of a demolition or construction site when it is in operation must not exceed the background noise level by more than the following LAeq level, measured over a period of 15 minutes, when measured at the nearest affected premises--
(a) if the entire construction and demolition period is estimated to be 4 weeks or less--20dB(A),
(b) if the entire construction and demolition period is estimated to be longer than 4 weeks but less than 26 weeks--10dB(A),
(c) if the entire construction and demolition period is estimated to be longer than 26 weeks--5dB(A).
(1) Measures to comply with Sutherland Shire Council Environmental Specification--Landscaping must be taken to protect all trees and bushland areas that are located on the site of the development or on any adjacent road reserve during construction and demolition.
(2) Measures must include the following--(a) installation of adequate protective fencing and tree guards,(b) identification of the area for root zone protection,(c) protection of the root zone area by exclusion of storage materials within the dripzone, erosion control and soil pH maintenance.
Measures must be taken to ensure compliance with the standards under the Swimming Pools Act 1992 if work is undertaken on any building or structure that comprises all or part of a child resistant barrier under that legislation.
Demolition or removal of material that contains
asbestos material, and that is not
"licensed work" under Chapter 7 of the Occupational Health and Safety
Regulation 2001 , must be carried out in accordance with Working with
asbestos: Guide 2008 (ISBN 0 7310 5159 9) published by WorkCover Authority.
Note 1--: The maximum allowable area of bonded asbestos material that is excluded from the definition of
"licensed work" is 10m 2.