Agenda of Ordinary Council Meeting - Wednesday, 28 October 2020

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Minutes of the

Ordinary Meeting of Council

Wednesday 23 September 2020

4.00pm

Council Chambers
209 Comur Street, Yass

Table of Contents

Acknowledgement of Country. 2

1. Prayer. 2

2. Apologies. 2

3. Declaration of Interest/Disclosures. 2

4. Confirmation of Minutes. 3

5. Election of Mayor and Deputy Mayor. 3

5.1 Election of Mayor and Deputy Mayor. 3

5.2 Disclosures by Councillors and Designated Persons Return. 4

6. Mayoral Minute. 4

7. Director of Planning & Environment Reports. 4

7.1 Planning Proposal - 7 Iceton Place, Yass. 4

7.2 Development Control Resources. 5

7.3 Development Application No DA200069 - Dwelling House, 15 Hanley Place, Yass. 5

7.4 Development Application No DA200049 - Subdivision, Isabel Drive, Murrumbateman. 6

7.5 Graffiti Art Proposal 6

7.6 Development Consent No DA135014D - Residential Subdivision, 14 Wellington Road and 2 Grand Junction Road, Yass. 7

8. Director of Infrastructure & Assets Reports. 7

8.1 NSW Road Classification and Regional Roads Recommendations. 7

8.2 Shingle Hill Way Bridge Replacement and Road Realignment - Land Acquisition and Road Closure 8

8.3 Yass Public School - Traffic Concerns. 9

8.4 Road Reserve Weed Spraying Trial 9

8.5 Yass & Binalong Swimming Pool Covid-19 Response. 10

8.6 Draft 2020 Stategic Plan Murrumbateman Recreation Grounds. 10

9. Director of Corporate & Community Reports. 11

9.1 Investment and Borrowings Report. 11

10. General Manager’s Report. 11

10.1 Application for Financial Hardship. 11

11. Notice of Motion. 11

12. Questions with Notice. 11

13. Minutes and Recommendations of Council Committees. 12

14. Confidential Matters. 12

14.1 Development Consent No DA135014D - Residential Subdivision, 14 Wellington Road and 2 Grand Junction Road, Yass. 12

14.2 Application for Financial Hardship. 13

Open Forum

Presentations to Council – Items on the Meeting Agenda

SPEAKERS VIA ZOOM

Simon Cassidy
Item 7.1 Planning Proposal – 7 Iceton Place

Paul Powderly
Item 7.4 Development Application No DA200049 – Subdivision, Isabel Drive

Jade Roche
Item 7.4 Graffiti Art Proposal

Council Meeting – The Mayor declared the meeting open at 4.27pm.

Present

Councillors Rowena Abbey, Mayor, in the chair, Cecil Burgess, Geoff Frost, Nathan Furry, Allison Harker, Jasmin Jones, Michael McManus, Mike Reid (Via Zoom) and Kim Turner.

Also present were the General Manager – Chris Berry, Director of Planning & Environment – Julie Rogers, Interim Director of Infrastructure & Assets – Steven Beasley, and Corporate Planning & Executive Support Officer – Shirree Garland.

Acknowledgement of Country

1. Prayer

2. Apologies

Nil

3. Declaration of Interest/Disclosures

Councillor McManus declared a non-pecuniary, less than significant conflict of interest in Item 7.3 Development Application No DA20006 – Dwelling House, 15 Hanley Place, Yass and stated that he did not believe his interest would preclude him from voting.

Reason: Councillor McManus declared an interest as he is a resident of the street subject to the same building constraints.

Councillor Jones declared a non-pecuniary, less than significant conflict of interest in Item 14.1 Development Consent No DA135014D – Residential Subdivision, 14 Wellington Road and 2 Grand Junction Road, Yass and stated that she did not believe her interest would preclude her from voting.

Reason: Councillor Jones declared an interest as the developer’s real estate agent has placed two advertisements in the local paper which she holds the position of Editor and Co-Director. It was a normal transaction and the developer is not a usual advertiser. She considered herself able to well and truly declare no conflict of influence on her decision.

4. Confirmation of Minutes

RESOLVED that the minutes of the Ordinary Council Meeting held on 26 August 2020 resolution numbers 116-142 inclusive be taken as read and confirmed.

(Turner/Burgess) 143

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

5. Election of Mayor and Deputy Mayor

Mayor Rowena Abbey vacated the Chair.

Election of Mayor

In accordance with the Local Government (General) Regulation 2005 (Schedule 7) the General Manager as Returning Officer called for nominations for the position of Mayor. He advised that there were two nominations for the position of Mayor, being Councillors Abbey and Turner.

5.1 Election of Mayor and Deputy Mayor

SUMMARY

To provide the framework for the election of the Mayor and Deputy Mayor.

RESOLVED that :

1. The General Manager be the Returning Officer for the Mayor and Deputy Mayor elections.

2. Following the close of nominations for the position of Mayor the method of electing the Mayor be determined by Ordinary Ballot in accordance with Schedule 7 Local Government (General) Regulation 2005 if there is more than one nomination.

3. Following the close of nominations for the position of Deputy Mayor the method of electing the Deputy Mayor be determined by Ordinary Ballot in accordance with Schedule 7 Local Government (General) Regulation 2005 if there is more than one nomination.

(Furry/McManus) 144

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

Councillor Kim Turner and Councillor Rowena Abbey addressed the Council.

Ballot papers were distributed to all Councillors and an election was held under the Ordinary Ballot system with the following result:

Councillor Abbey – 6
Councillor Turner - 3

The General Manager, as Returning Officer declared Councillor Abbey elected as Mayor for September 2020 to September 2021.

Election of Deputy Mayor

In accordance with the Local Government (General) Regulation 2005 (Schedule 7) the General Manager as Returning Officer called for nominations for the position of Deputy Mayor. He advised that there were two nominations for the position of Deputy Mayor, being Councillors Jones and Furry

Councillor Jasmin Jones and Councillor Nathan Furry addressed the Council.

Ballot papers were distributed to all Councillors and an election was held under the Ordinary Ballot system with the following result:

Councillor Furry - 6
Councillor Jones -3

The General Manager, as Returning Officer declared Councillor Furry elected as Deputy Mayor for September 2020 to September 2021.

The ballot papers for both elections were destroyed.

The General Manager handed the meeting over to the Mayor.

5.2 Disclosures by Councillors and Designated Persons Return

SUMMARY

To comply with s440AAB Local Government Act1993 a register and tabling of returns must be maintained.

RESOLVED that Register of Disclosures by Councillors and Designated Persons Return 2019-2020, as tabled, be noted.

(Furry/Harker) 145

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

6. Mayoral Minute

Nil

7. Director of Planning & Environment Reports

7.1 Planning Proposal - 7 Iceton Place, Yass

SUMMARY

To present a report on a draft Planning Proposal seeking an amendment to the minimum lot size under the Yass Valley LEP 2013 for 7 Iceton Place, Yass.

RESOLVED that :

1. Draft Planning Proposal - 7 Iceton Place, Yass (PP.2020.03) be endorsed and forwarded to the Minister for Planning and Public Spaces to request a Gateway determination pursuant to s3.34 Environmental Planning & Assessment Act 1979

2. Planning Proposal (PP.2020.03) be adopted if no significant objections are received after the public exhibition of the Planning Proposal pursuant to the conditions of Gateway determination in accordance with s3.34(2)(c) Environmental Planning & Assessment Act 1979.

(Jones/McManus) 146

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.2 Development Control Resources

SUMMARY

To request consideration of additional funding for staff resources for this financial year for Development Control within the Planning and Environment Directorate.

RESOLVED that :

1. An allocation of $104,000 be made in the 2020/21 budget for the provision of staff resources within the Planning and Environment Directorate for Development Control.

2. The allocation of $104,000 be included in the September 2020 quarterly budget review.

(Jones/Turner) 147

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.3 Development Application No DA200069 - Dwelling House, 15 Hanley Place, Yass

SUMMARY

To consider Development Application DA200069 for a split level two-storey dwelling house at 15 Hanley Place, Yass.

The proposal involves variation to the maximum building height development standard from 8m to 9.4m and a variation to an 88B restriction in relation to direction of the major ridge line of the building is to be at 90 degrees to the general fall of the land.

RESOLVED that a Conditional Development Consent be issued for Development Application DA200069 for a split level two-storey dwelling house at 15 Hanley Place, Yass.

(Turner/Reid) 148

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.4 Development Application No DA200049 - Subdivision, Isabel Drive, Murrumbateman

SUMMARY

To present a report on Development Application No 200049 for a 101 lot subdivision of Lot 1 DP1257138, Isabel Drive, Murrumbateman. It is presented to Council as it attracted 65 submissions and involves a variation to the minimum lot size for one lot. Approval is recommended, subject to the submission of a revised Land Capability Assessment for effluent disposal and a Voluntary Planning Agreement for the open space.

RESOLVED that:

1. Development Consent be issued for a 101 lot subdivision of Lot 1 DP 1257138, Isabel Drive, Murrumbateman following receipt of a satisfactory revised Land Capability Assessment for effluent disposal.

2. The dedication of the open space lot be supported, subject to conditions of Development Consent including a Voluntary Planning Agreement covering the dedication, associated works, and initial maintenance period

3. A further report be presented to Council on the draft terms of the Voluntary Planning Agreement.

(McManus/Furry) 149

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

7.5 Graffiti Art Proposal

SUMMARY

A proposal has been received from a community member that the bridge support under the Laidlaw Street end of the Hume Bridge be used as a ‘free wall’ for graffiti art. Support for the proposal is recommended.

RESOLVED that :

1. The proposal from Jade Roche to convert the face of the bridge support under Laidlaw Street end of the Hume Bridge to a “free wall” for graffiti art be deferred pending further consultation with the Ngunnawal Aboriginal community and NSW Police.

2. A report be presented to the October 2020 Council meeting with suggested additional sites for wall art and murals.

(Harker/Frost) 150

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M Reid and K Turner

AGAINST: Councillor M McManus

FORESHADOWED MOTION

That the proposal from Jade Roche to convert the face of the bridge support under the Laidlaw Street end of the Hume Bridge to a ‘free wall’ for graffiti art be approved and additional art space be investigated ie the skate park.

(McManus)

7.6 Development Consent No DA135014D - Residential Subdivision, 14 Wellington Road and 2 Grand Junction Road, Yass

SUMMARY

To present a report on the land exchange associated with Development Consent DA13501D for a residential subdivision of 14 Wellington Road and 2 Grand Junction Road, Yass.

RESOLVED that this item be classified as confidential in accordance with Section 10A(2)(c) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to information that would, if disclosed, confer a commercial advantage on a person whom the Council is conduction (or proposes to conduct) business.

(Turner/Reid) 151

FOR: Councillors R Abbey, C Burgess, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

At 05:29 pm Councillor Burgess left the Meeting.

8. Director of Infrastructure & Assets Reports

8.1 NSW Road Classification and Regional Roads Recommendations

SUMMARY

To present the outcomes of the investigations into reclassifying and the transfer of several Council local roads under the NSW Road Classification Review. These additional roads were identified by Council at its meeting in August 2020.

RESOLVED that :

1. A Further submission be made to the Road Classification Review Panel to have Shingle Hill Way and Mulligans Flat Road reclassified as regional roads for the following reasons:

· Shingle Hill Way provides an important tourism and freight link between the South Coast, Braidwood, Bungendore, Murrumbateman, the Hume Highway and the Riverina.

· Mulligans Flat Road provides an important link to employment, education and higher order services for rural residents in Sutton, Gundaroo and Gunning and the rapidly developing suburbs of the ACT (eg Gungahlin).

2. No further submission be made to the Road Classification Review Panel to have the following local roads reclassified as regional roads:

· Nanima Road

· Mountain Creek Road

· Fairlight Road

(Frost/Turner) 152

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.2 Shingle Hill Way Bridge Replacement and Road Realignment - Land Acquisition and Road Closure

SUMMARY

Council has accepted a grant under the NSW Fixing Country Roads Grant Program, for the realignment and replacement of the existing low level crossing on Shingle Hill Way. The project requires the acquisition of private land to allow the realignment of the road, and closure of an existing public road. Council approval is sought to proceed with the acquisition and road closure process.

RESOLVED that :

1. Approximately 19,645m² of Lot 1 DP136398 be acquired to allow the realignment of Shingle Hill Way.

2. The road closure process and public notification be commenced on the public road identified in the report in accordance with the Roads Act 1993.

3. The proposed closed road area is to be considered surplus to Council’s requirements and serving no physical purpose to being retained as road reserve.

4. Subject to there being no significant objections received in respect of this proposal, the closure of part of Shingle Hill Way be approved.

5. The closed portion of Shingle Hill Way be classified as Operational Land and be transferred to the adjacent property owner in exchange for opening of a new public road and the payment per the land valuation detailed in the confidential reports section of the agenda.

6. The Mayor and General Manager be authorised to sign under Council seal, any legal documents associated with the land acquisition and transfer of the closed road.

(Harker/Furry) 153

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.3 Yass Public School - Traffic Concerns

SUMMARY

To recommended an investigation and concept development process for the traffic and parking arrangements at Yass Public School be undertaken.

RESOLVED that :

1. A consultant be engaged to undertake an investigation and concept development process for the traffic and parking arrangements at Yass Public School.

2. The estimated consultancy cost of $30,000 be funded from reserve funds.

(Jones/Harker) 154

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.4 Road Reserve Weed Spraying Trial

SUMMARY

To advise of the ‘Priority Weeds’ spraying trial that was completed on the Council’s linear road reserve network from April to July 2020.

RESOLVED that :

1. Following the success of the road reserve weed spraying trial that consideration be given within the 2021/22 Operational Plan for annual funding for a ‘Priority Weeds’ spraying program estimated at $150,00

2. Council collaborate on weed management through the advocacy of the Canberra Joint Region Organisation, to seek support for additional funding.

3. A submission be made to Local Government NSW for a motion to the 2020 Conference.

(Harker/Frost) 155

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.5 Yass & Binalong Swimming Pool Covid-19 Response

SUMMARY

To present recommendations for to the operation of Yass and Binalong swimming pools, with respect to COVID -19 public health restrictions.

All reference to NSW Public Heath Orders contained in this report are subject to change without notice due to the continual changes relating to COVID-19.

RESOLVED that:

1. An additional amount of $69,620 be funded within the Infrastructure and Assets operational budget for both Yass and Binalong pools to deliver the procedures developed in Council’s COVID-19 Safety Plan for swimming pools, as stated in NSW Public Health Order (COVID-19 Restrictions on Gathering and Movement) Order (No 4) 2020.

2. The change rooms and shower facilities be generally be closed at Yass and Binalong Pools except for school groups on a case by case basis and disabled patrons as referenced in COVID‑19 Safety Plan.

3. Total numbers permitted entry in the swimming pool complex be limited 226 at Yass and 70 for Binalong as per the Department of Health advice.

4. The modifications made to Council’s swim programs be endorsed. Based on the current NSW Public Health Order Council will need to limit all sessions to 20 participants plus instructors in the dedicated lane rope sections of the pool.

5. Canteen service be restricted to pre-packaged foods and drinks.

(Jones/Furry) 156

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

8.6 Draft 2020 Stategic Plan Murrumbateman Recreation Grounds

SUMMARY

To advise of the process to update the 2017 Strategic Plan Murrumbateman Recreation Grounds. To ensure community participation in the development of the site and fast track current capital work improvements.

RESOLVED that :

1. The draft 2020 Strategic Plan Murrumbateman Recreation Grounds be placed on public exhibition for comment and that user groups at the site be directly engaged.

2. The draft 2020 Strategic Plan Murrumbateman Recreation Grounds be adopted if no significant submissions are received.

(Harker/Reid) 157

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

9. Director of Corporate & Community Reports

9.1 Investment and Borrowings Report

SUMMARY

In accordance with the Clause 212 Local Government (General) Regulation 2005, this report provides a summary of Council’s investments as at 31 July 2020. In accordance with paragraph (1)(b), it can be certified that the investments listed have been made in accordance with the Act, the Regulations and Council’s Investment Policy.

RESOLVED that Investment Report as at 31 August 2020 be received and it be noted that the summary has been prepared in accordance with the Act, the Regulations and Council’s Investment Policy.

(Turner/Furry) 158

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

10. General Manager’s Report

10.1 Application for Financial Hardship

SUMMARY

To consider an application seeking a rebate for water usage under the Financial Hardship Policy.

RESOLVED that the item be classified confidential in accordance with Section 10A(2))b) of the Local Government Act 1993, which permits the meeting to be closed to the public for business relating to the personal hardship of a resident or ratepayer.

(Jones/Furry) 159

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

11. Notice of Motion

Nil

12. Questions with Notice

Nil

13. Minutes and Recommendations of Council Committees

Nil

14. Confidential Matters

RESOLVED that pursuant to Section 10A of the Local Government Act, 1993 the following items on the agenda be classified as CONFIDENTIAL and considered in the Closed Meeting of Council in accordance with Section 10A(2) of the Local Government Act for the reasons as specified:

14.1 Development Consent No DA135014D - Residential Subdivision, 14 Wellington Road and 2 Grand Junction Road, Yass

Item 13.1 is confidential in accordance with section s10(A)(2)(c) of the Local Government Act because it contains information that would, if disclosed, confer a commercial advantage on a person with whom the Council is conducting (or proposes to conduct) business and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

14.2 Application for Financial Hardship

Item 13.2 is confidential in accordance with section s10(A)(2)(b) of the Local Government Act because it contains the personal hardship of a resident or ratepayer and discussion of the matter in an open meeting would be, on balance, contrary to the public interest.

(Harker/Furry) 160

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

Closed Council commenced at 5.47pm.

14.1 Development Consent No DA135014D - Residential Subdivision, 14 Wellington Road and 2 Grand Junction Road, Yass

SUMMARY

To present a report on the land exchange associated with Development Consent DA13501D for a residential subdivision of 14 Wellington Road and 2 Grand Junction Road, Yass.

RESOLVED that the developer of 14 Wellington Road and 2 Grand Junction Road, Yass be advised of the review of the purchase price for the land exchange associated with the subdivision.

(Furry/Turner) 161

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

14.2 Application for Financial Hardship

SUMMARY

To consider an application seeking a rebate for water usage under the Financial Hardship Policy.

RESOLVED that :

1. A rebate equivalent to 75kl’s be applied to the applicant’s water account per reading period.

2. This rebate continue to be applied whilst the applicant remains at her current residence with the production of a letter from the relevant health services confirming her ongoing home dialysis needs on an annual basis.

3. The Financial Hardship Policy be reviewed.

(Furry/Frost) 162

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

RESOLVED that the meeting move into Open Council.

(Jones/Furry) 163

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

Open Council resumed at 5.59

RESOLVED that the recommendations in Closed Council be adopted.

(Turner/Reid) 164

FOR: Councillors R Abbey, G Frost, N Furry, A Harker, J Jones, M McManus, M Reid and K Turner

AGAINST: Nil

The meeting closed at 5.59 pm.

Rowena Abbey
Mayor

Ordinary Council Meeting 28 October 2020

6.3 Development Application No. DA165280 - Highway Service Centre, Yass Valley Way, Yass

SUMMARY

To present the assessment of the application for a highway service centre on proposed Lot 1 of the subdivision of Lot 1 DP 842644 and Lot 34 DP 871286 Yass Valley Way, Yass. Two submissions were received in relation to the proposal. It is recommended the application be approved subject to deferred commencement conditions.

RECOMMENDATION

That:

1. A Deferred Commencement Development Consent be issued for Development Application No. DA165280 for the establishment of a Highway Service Centre on proposed Lot 1 of the subdivision of Lot 1 DP 842644 and Lot 34 DP 871286 Yass Valley Way

2. The commencement of the Development Consent be deferred until such time that the Applicant has completed the subdivision DA145283 works enabling the creation of legal title for the land subject of DA165280

FINANCIAL IMPLICATIONS

Resources for development assessment are provided for in the current Operational Plan.

POLICY & LEGISLATION

· Environmental Planning & Assessment Act 1979

· Environmental Planning & Assessment Regulation 2000

· Environment Protection and Biodiversity Conservation Act 1999

· State Environmental Planning Policy (Infrastructure) 2007

· State Environmental Planning Policy (Mining, Petroleum Production and Extractive Industries) 2007

· State Environmental Planning Policy No. 33 – Hazardous and Offensive Development

· State Environmental Planning Policy No. 64 – Advertising Signage

· Yass Valley Local Environmental Plan 2013

· Yass Community Engagement Strategy

· Roads Standards Policy

· Off-street Carparking Policy

· Application Assessment and Decision Making Policy

REPORT

1. Application Details

Date Received	-	16 December 2016 re-lodged 21 May 2020
Land	-	Proposed Lot 1 in subdivision of Lot 1 DP842644 and Lot 34 DP 871286, Yass Valley Way, Yass
Area	-	3.35ha
Zoning	-	IN1 General Industrial and SP2 Infrastructure

2. Site Description and Locality

The site is a proposed lot in an approved 24 lot industrial subdivision, located approximately 6km north-west of the Yass Township and opposite the existing North Yass service centre. The South Eastern Livestock Exchange and a fertilizer production business are located to the east of the site. The land immediately adjoining the subdivision site is currently used for agricultural purposes. The site is located on the southern side of Yass Valley Way and has frontage to Yass Valley Way and two roads to be constructed as part of the industrial subdivision.

The site is currently vacant sloping towards the northwest with trees located along the Yass Valley Way frontage but does not contain any riparian lands or watercourses. Low voltage overhead electrical power lines and the underground Sydney to Melbourne telecommunications line traverse the site.

A Locality Plan is included in Attachment A.

3. Background

In June 2017 Council considered a report on the permissibility of a service centre at the site. Legal advice indicating the proposal was prohibited in the zone. Council determined to defer consideration of the proposal pending the outcome of a Planning Proposal to include a service centre within the zone as a permissible land use.

In February 2018 the Planning Proposal amending the Yass Valley Local Environmental Plan 2013 was gazetted.

4. Proposal

The submitted proposal for the highway service centre includes the construction of:

· A service station with a convenience store, fuel canopy, separate diesel canopy and underground fuel tanks

· A takeaway food and drink premises

· A truckers lounge and amenities

· On-site parking

· A new access point comprising of a left-out only onto Yass Valley Way

· Four access points on to the new internal roads (to be constructed as part of the subdivision)

Details of the proposed development are included as Attachment B.

5. Public Exhibition

Public exhibition included notice to five adjoining and nearby landowners and two submissions have been received (refer Attachment C). The Applicant has provided a response to the submissions (refer Attachment D).

6. Assessment

An assessment of the proposal has been completed in accordance with the planning legislation. The proposal generally complies with the relevant planning controls, policies and guidelines. The planning response to the issues identified are as follows:

6.1 Aboriginal Cultural Heritage

A submitter raised the concern that an Aboriginal Cultural Heritage Assessment is needed. The Applicant has submitted an Aboriginal and Historical Cultural Heritage Due Diligence Assessment which concludes that:

· No Aboriginal objects are recorded in the Aboriginal Heritage Information Management System for the site

· A Field survey revealed no areas of potential archaeological deposits or Aboriginal heritage within the proposed development area

Any approval that may issue can include a requirement that if any archaeological deposit or any Aboriginal object (including evidence of habitation or remains) is discovered during the course of the development, all work must stop immediately, contact must be made with Heritage NSW.

6.2 Fencing

A submission suggests that security fence be erected around the service centre in order to protect the livestock from dog attacks and any bio-security threats to the neighbouring agricultural properties.

The proposed site located clear of shared boundaries with adjoining properties containing grazing stock. However, to retain the open rural character of the area, to avoid disputes between neighbours and to keep the stock on neighbouring properties safe from domestic animals and any bio-security threats, a requirement can be included in any consent for fences to the service centre to comply with requirements of Council’s Non-Urban Fencing Policy and to be of a stock proof standard

6.3 Stormwater Run off

A concern has been raised about the impact of stormwater runoff, and fuel spillage on the neighbouring properties.

To mitigate any adverse downstream impacts, the design and construction of forecourt areas and fuel filling points are required to comply with the EPA Practice Note: Managing Runoff from Service Station Forecourts.

The Applicant has also proposed onsite treatment of stormwater runoff to mitigate any adverse downstream impacts with all stormwater runoff/overland flow from the operational apron/forecourt areas and fuel filling points being treated through an oil and water separator before discharging it into the stormwater system. This will ensure suitable treatment of the stormwater to ensure no downstream contamination. In addition to this, prior to commencement of operation of the service centre, a network of groundwater monitoring wells are also required to be installed, maintained and monitored in accordance with the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019.

Roof water from the buildings will be harvested in rainwater tank(s) that will be used for toilet flushing, outdoor irrigation and to meet the fire demand. Overflows are directed to the stormwater system.

Surface water from paved areas will be conveyed to a detention basin before being directed off site to the stormwater drainage system being constructed as part of the subdivision.

A concept stormwater management plan has been submitted however it will be necessary for the Applicant to submit supporting calculations to demonstrate that post development flows do not exceed the predevelopment flows for a 1 in 5 and 1 in 100 year ARI.

6.4 Waste Management

Concern has been raised in relation to the suitability of the waste management system.

A waste management plan has been submitted. At construction stage, construction waste and non–recyclable materials will be separated on site to make sure no recyclable materials are mixed with non-recyclable materials and the site manager will ensure disposal of the waste at an appropriate waste facility.

At the operational stage, the operators will be responsible for ongoing management of waste. A waste storage/management area is provided for the appropriate sorting and storing of the waste in two bulk bins clearly labelled waste and recycling which will be emptied by a contractor and disposed of at an appropriate waste facility.

6.5 Biodiversity

The site is part of an approved industrial subdivision (i.e. DA145283) which was accompanied by a Flora and Fauna Assessment Report. All clearing as approved under the approval for the industrial subdivision is able to proceed.

It should be noted that this assessment did not include the land proposed for the exit onto Yass Valley Way. As such, removal of any vegetation that is not approved under Consent No DA145283 requires the Applicant to demonstrate compliance with the Biodiversity Conservation Act 2016 and Environmental Protection & Biodiversity Conservation Act 1999. This requirement can be included in any Consent that may issue.

6.6 Traffic Safety and Access

The site is effectively surrounded by three roads. Access to the site is via two new roads off a fourth leg to the existing roundabout on Yass Valley Way. In relation to traffic, the main concern for the proposed development is the capacity of the existing roundabout to accommodate the potential cumulative traffic generation by the proposed highway service centre and the industrial subdivision.

The north south road (along eastern site frontage) will allow traffic to enter the site from the fourth leg of roundabout on Yass Valley Way whilst a new east west road (along southern site frontage) will provide an additional access opportunity particularly for heavy vehicles. The proposed development separates heavy and light vehicle movements as far as practicable. This will assist in achieving efficiency of the access arrangement and internal safety. The proposal involves construction of five driveways/vehicular access points.

The entry driveway on the eastern site frontage is for use by all types of vehicles. This entry driveway provides vehicle types to split internally to gain access to the car fuel canopy and associated convenience store parking, the coach and service bays, the heavy vehicle diesel canopy and the truck parking area. An exit driveway north of the abovementioned driveway provides exit for cars and car/caravan.

Two combined entry-exit driveways on the southern site frontage are proposed for use by all truck types, providing exit movements from the diesel canopy and coach/service lane as well as the truck access to/from the truck parking area.

To alleviate traffic congestion at the roundabout and in the event of any delays or incident at the roundabout, the proposal involves a heavy vehicle, left turn exit only access directly on to the Yass Valley Way. This will potentially minimise the light and heavy vehicle interactions at the roundabout. This exit driveway to Yass Valley Way includes an acceleration lane. A median will be provided to ensure separation of the merge lane and Yass Valley Way pavements and preventing vehicles turning right. A swept path analysis is required to be submitted to demonstrate the longest vehicle accessing the site can be accommodated within the proposed acceleration lane.

6.7 Car Parking

A total of 95 car parking spaces are provided comprising of:

· 64 general car parking spaces

· 10 staff carpark spaces

· 6 trailer spaces

· 2 spaces for loading/unloading/service vehicles

· 2 coach parking spaces

· 10 spaces for B Doubles

· 3 spaces for A Doubles

The Traffic Impact Assessment indicates that the internal car park generally complies with the requirements of AS 2890 – Off-Street Car Parking.

Appropriate conditions can be included in any Consent that may issue to ensure that:

· Car parking and vehicular manoeuvring areas being designed in accordance with AS 2890 “Off-Street Car Parking” and “Off Street Commercial Vehicle Facilities”

· The proposed off street parking includes disabled car parks

· All car park dimensions are in accordance with AS 2890.1:2004

· The various entries and exits are signposted to regulate traffic

· Parking facilities are to be provided for service vehicles

· The car parking areas are to allow all vehicles enter and exit in a forward direction

6.8 Economic and Social Impacts

No significant adverse economic and social impacts are anticipated as a result of the proposed development.

The major benefits that arise from the proposed development include:

· Creation of local employment opportunities

· Provision of efficient service facilities that meet the needs of motorists/tourists

· Encourage rest stops for motorists (particularly those travelling along the Hume highway)

6.9 Advertising Signs

The Applicant has proposed a mix of flush wall signs and branding on building facades and three large freestanding pylon signs 20m, 12m and 9m high for the highway service centre tenancies. State Environmental Planning Policy 64 – Advertising and Signage (SEPP 64) requires concurrence of Transport for NSW (TfNSW) for all signs within 250m of a classified road and higher than 8m.

TfNSW initially criticised the assessment against the criteria in the SEPP submitted with the application. Following submission of revised information TfNSW has now provided concurrence subject to conditions for any Consent that may issue.

7. Conclusion

From the assessment of the proposal and the consideration of the issues raised in the submissions it is recommended that a deferred commencement consent be issued. Draft conditions are included as Attachment E.

Strategic Direction

Key Pillar 1. Our Environment

CSP Strategy EN1 - Protect and enhance the existing natural environment, including flora and fauna native to the region

Delivery Program Action EN1.1 - Protect our natural assets in line with community values

Operational Plan Activity EN1.1.1 –Ensure assessment of development applications protects our natural environment

ATTACHMENTS: a. Locality Plan ⇩

b. Plans ⇩

c. Submissions ⇩

d. Additional Information and Response to Submisssions ⇩

e. Draft Conditions ⇩

6.3 Development Application No. DA165280 - Highway Service Centre, Yass Valley Way, Yass

Attachment e Draft Conditions

Draft Conditions - DA165280

PART A – DEFERRED COMMENCEMENT CONDITIONS – Conditions concerning matters as to which

the Council must be satisfied before the consent can operate and before the Conditions in Part B to Q can apply

(1) The consent does not operate until Council is satisfied as to the matters relating to Conditions 2, 3, and 4 inclusive in Part A and no use of the site is to physically commence in respect of the highway service centre development until such time as Council has notified the applicant in writing that these conditions have been satisfied and the date from which this consent operates.

(2) Evidence is to be provided to Council indicating satisfactory provision of infrastructure/services/utilities for proposed Lot 1 of the subdivision of Lot 1 DP 842644 & Lot 34 DP 871286 (DA145283).

Note: No construction in relation to DA165280 can be approved until water, sewer, stormwater and all other services to the proposed highway centre are available and the details of the service connections are known.

(3) Evidence is to be provided to Council indicating that the final subdivision plan (linen plan) relating to Development Consent No. DA145283 (as amended) has been registered with the NSW Land Registry Services.

(4) Details shall be submitted to Council demonstrating removal of vegetation is restricted to that vegetation which was approved under DA145283 (as amended).

Clearing beyond what was approved under DA145283 (as amended) needs further assessment under the Biodiversity Conservation Act 2016 and Environmental Protection and Biodiversity Conservation Act 1999. The Applicant is to suitably demonstrate that the proposed development does not trigger entry into the Biodiversity Offset Scheme under the Biodiversity Conservation Act 2016. Should the proposed development triggers entry into the Biodiversity Offset Scheme, a Biodiversity Development Assessment Report shall be submitted to Council and modification of Development Consent is to be sought.

(5) The period within which the applicant is to produce evidence to the Council sufficient enough to enable it to be satisfied as to the submission and approval of the information required by conditions 2, 3, and 4 is 12 months from the date of determination of the development application to which this consent relates.

PART B - GENERAL CONDITIONS

(1) Consent is granted generally in accordance with the plans and details submitted to Council with the Development Application. The plans and details have been stamped and attached to this consent. The development must be carried out in accordance with the stamped plans or as modified by these conditions.

(2) This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval.

(3) Work on any building shall not commence until a Building Construction Certificate, complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued.

Note: A Construction Certificate application has not been lodged with Council.

(4) An Engineering Construction Certificate, as defined by the Environmental Planning and Assessment Act 1979, shall be obtained for all engineering works prior to any works commencing on site. Council’s fee for providing a Construction Certificate is levied in accordance with Council’s Management Plan relevant at the time of payment.

(5) All engineering design and construction work shall be undertaken in accordance with the following, current at the time of the Engineering Construction Certificate being issued:

· Council's Road Standard Policy RD-POL-09,

· Council’s Design and Construction Specification – AUS-SPEC #1,

· Australian Standards,

· AustRoads,

(6) The developer at no cost to Council shall make any necessary alteration, relocation or enlargement to public utilities whether caused directly or indirectly by this proposed development.

(7) The colours and external materials used are to be compatible with those of existing development in the locality.

Note: Zincalume is not permitted to be used for roof or wall panels.

(8) Noise, dust and odour generated as a result of the development must comply with the provisions of the Protection of the Environment Operations Act 1997.

(9) Landscaping must be completed in accordance with the approved landscaping plan and maintained to the satisfaction of Council at all times.

(10) The earth works shall not redirect the flow of any surface water or groundwater or cause sediment to be transported onto adjoining properties or public roads.

(11) The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council as shall any techniques to suppress dust and the tracking of sediment onto existing sealed roads.

(12) All adjustments to existing utility services whether caused directly or indirectly by this proposed development are to be undertaken at the developer’s expense.

(13) The removal of any vegetation that is not approved under Development Consent DA145283 (as amended) requires consent of Council under the provisions of Biodiversity Conservation Act 2016.

(14) All waste generated by the development is to be disposed of at an approved waste management facility or premises lawfully permitted to accept such materials in a timely manner.

(15) Any Archaeology object discovered during excavation having interest due to its age or association with the past is uncovered during the course of the work:

(a) all work must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery.

Note: Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1997 may be required before further the work can continue.

(16) If any Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work:

(a) all excavation or disturbance of the area must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.

Note: If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.

PART C - PRIOR TO ISSUE OF BUILDING CONSTRUCTION CERTIFICATE

(1) Pursuant to Section 7.12 of the Environmental Planning and Assessment Act 1979, a monetary contribution of $45,000.00 shall be paid to Council prior to issue of Building Construction Certificate. The contribution is current as at the date of this consent and is levied in accordance with the Draft Yass Valley Section 7.12 Contributions Plan 2018 based on 1% of the estimated construction cost of $4,500,000.00 and will be adjusted at the time of payment in accordance with the changes in Consumer Price Index (CPI) for Sydney.

(2) A levy under the Building and Construction Industry Long Service Payments Act 1986, equivalent to 0.35% of the value of the works, shall be paid to Council, where the value of such works is greater than $25,000.00;

(3) Plans, specifications and specialist reports demonstrating compliance with the National Construction Code (NCC) /Building Code of Australia (BCA) are to be submitted to and approved by the Principal Certifier prior to the issue of a Construction Certificate.

(4) Fully dimensioned and detailed construction drawings shall be submitted to the Principal Certifier prior to the issue of a Construction Certificate. Drawings shall include a window and door schedule.

(5) Structural drawings prepared by a suitably qualified and experienced Structural Engineer shall be submitted to and approved by the Principal Certifier prior to the issue of a Construction Certificate.

Unless otherwise approved by the Principal Certifier, the plans shall detail:

(a) All reinforced concrete floor slabs and/or beams or raft slab (having due regard to the possible differential settlement of the cut and fill areas where applicable);

(b) Footings of the proposed structure;

(c) Structural steel wall frames, roof framing members, beams, columns, bearers, joists and wall/roof bracing (as applicable to the development);

(d) Roof framing members;

(e) Hold-down/connection details;

(f) Wall and roof bracing details;

(g) Retaining Walls.

(6) Plans and calculations prepared by a suitably qualified and experienced hydraulic engineer shall be submitted to and approved by the Principal Certifier for all essential fire safety services that rely on a reticulated water supply (i.e. Fire Hose Reels/Fire Hydrants/Sprinkler Systems etc.) prior to issue of the Construction Certificate.

Where compliance with the deemed to satisfy provisions of the NCC/BCA is proposed these plans and calculations shall demonstrate compliance with the requirements of the relevant Australian Standards.

New water main connections can only be carried out by Council. A separate application to Council’s Water and Sewer Department is required. Fees and waiting times apply.

(7) Prior to issue of a Construction Certificate, detailed plan(s) are to be submitted to and approved by Council’s Environmental Health Officers indicating compliance with AS 4674-2004 and Safe Food Australia Food Safety Standard 3.2.3 and also in conjunction with the Food Act 2003 & Food Regulation 2015. The plan(s) shall include but not limited to details of:

· Solid wall construction;

· Wall, floor and ceiling finishes (note: no architraves or skirting boards);

· Location of all sinks and hand basins, including details of hand basin operation (to be ‘hands free’ using knee pad, wand or sensor/type)

· Details of wall/floor coving;

· Proposed Equipment/fittings layout/materials and installation construction (note: 150mm legs, castors and plinths may be used)

· Location and provision of a cleaners sink with hot and cold water.

· Details of compliance with Mechanical Ventilation AS 1668.2012 in regard to exhaust systems.

Note: A meeting can be arranged with Council’s Environmental Health Officers to discuss plans and or Construction details.

PART D - PRIOR TO ISSUE OF ENGINEERING A CONSTRUCTION CERTIFICATE

(1) A Certificate of Compliance shall be obtained for the augmentation of Council's water supply system under section 305 Water Management Act 2000. The fee for the Certificate of Compliance is $215,933.86.

It should be noted that:

· The total fee is based on a 15.01 ET unit increase in demand.

· The unit increase has been calculated based on the NSW Water Directorate Guidelines and information provided by the applicant.

· In accordance with Council’s Policy, Water Supply and Sewerage Contributions, the fee has been calculated on a base rate of $14,386.00.00 per unit.

· Deferred payments can be made upon the registration of a Voluntary Planning Agreement which provides for such arrangements.

· The base rate utilised above was the rate applicable at the time the application was determined.

· The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined.

· The base rate per connection may vary over time.

· Compliance under Section 305 does not include the physical installation of any infrastructure.

Please contact Council’s Manager Water and Wastewater on council@yass.nsw.gov.au or 6226 1477 for further information.

(2) A Certificate of Compliance shall be obtained for the augmentation of Council's sewer system under section 305 Water Management Act 2000. The fee for the Certificate of Compliance is $147,763.05.

It should be noted that:

· The total fee is based on a 22.17 ET unit increase in demand.

· The unit increase has been calculated based on the NSW Water Directorate Guidelines and information provided by the applicant.

· In accordance with Council’s Policy, Water Supply and Sewerage Contributions, the fee has been calculated on a base rate of $6,665.00 per unit.

· Deferred payments can be made upon the registration of a Voluntary Planning Agreement which provides for such arrangements.

· The base rate utilised above was the rate applicable at the time the application was determined.

· The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined.

· The base rate per connection may vary over time.

· Compliance under Section 305 does not include the physical installation of any infrastructure.

Please contact Council’s Manager Water and Wastewater on council@yass.nsw.gov.au or 6226 1477 for further information.

(3) Engineering drawings associated with the drainage of sewer shall be prepared by qualified designers and submitted to Council for approval.

The drawings shall address the following details as a minimum:

· Internal sewer system shall be designed and installed to discharge to Council’s sewer connection point with appropriate boundary riser and inspection point.

· All liquid trade waste discharge to Council sewer shall comply with the requirements of “NSW Liquid Trade Waste Discharge Guidelines 2009” and its updates.

· Internal sewer system design and layout shall incorporate pre-treatment requirements.

· Each Fast Food Outlet shall have separate Grease Arrestor (minimum 1500 L Capacity)

· Each Food outlet shall lodge Liquid Trade Waste Application. All conditions of Approval shall be complied with prior to commencing business.

· Neither surface water nor roof water shall be discharged to Council Sewer.

· Pollution from rainwater and contaminated trade wastewater shall be managed in accordance with Section 3.7 and Section 5.10 in Statement of Environmental Effects (KDC, May 2020). Storm water from fuel dispensing areas shall be treated through Class 1 oil and water separator before discharged to stormwater network. Storm water whether treated or untreated MUST not be designed to be discharged into the Council Sewer System.

(4) Engineering drawings associated with the supply of water shall be prepared by qualified designers and submitted to Council for approval.

The drawings shall address the following details as a minimum:

· Internal water reticulation shall be designed and installed in accordance with relevant National Plumbing Code to meet the demand and pressure.

· Size of Bulk Water Meter shall be specified by the designer. Council will install the bulk water meter close to the street boundary. Cost shall be borne by Developer.

· Council will neither install nor maintain any water meters for individual businesses operating within the premises.

· A testable RPZD (Reduced Pressure Zone Device) shall be designed and installed downstream of the Bulk Water Meter and at 300mm above ground in accordance to National Plumbing Code.

· Fire services shall be designed by qualified designers. Satisfactory arrangements shall be made to meet all required fire demands. If necessary, an adequately sized water storage tank and booster pumping arrangement shall be installed).

· In-line pressure boosting is NOT permitted.

· Vehicle washing is NOT permitted in these premises.

· Use of town water supply is NOT permitted for any outdoor irrigation.

· Rainwater Harvesting shall be considered from whole of the roof of control building (Approximately 907 square meter) and shall be used for outdoor irrigation and to meet fire demand. Proposed rainwater tank size (5kL) is inadequate shall be increased to around 80-100 kL

(5) An application to have a metered connection to Council’s water supply shall be lodged with Council. This meter shall remain connected for at least the full period of construction. The fee for the provision of this service shall be levied in accordance with the Council’s Fees and Charges Schedule relevant at the time of payment;

(6) Written approval from Transport for NSW (TfNSW) shall be submitted to Council indicating compliance with the following Transport for New South Wales condition(s) as specified in Part F of the conditions of this consent:

· Part F - Condition (9)

(7) Engineering drawings for the provision of access to the site shall be submitted to Council’s Infrastructure & Assets Department for approval in accordance with:

· Council’s Roads Standards Policy RD-POL-09 and

· Council’s Design and Construction Specification – AUS-SPEC #1.

· RMS Standards

· AustRoads

Notes:

· For each access to the site, a longitudinal cross section of the access is to be provided including any change in grades.

· All property accesses are to be reinforced concrete designed to allow appropriate access from roads.

· Turning templates for the largest proposed vehicle is to be provided for all access points two way access.

· All accesses are to be appropriately signed and line marked to ensure the direction of travel is readily identified.

(8) Engineering drawings associated with the construction of public roads shall be submitted to Council’s Infrastructure & Assets Department for approval in accordance with Council’s Roads Standards Policy RD-POL-09 and Council’s Design and Construction Specification – Ausspec#1

Note 1: Road details are to be provided for:

· Road 1 – from the Yass Valley Way Roundabout to Road 2.

· Road 2 – from the intersection with Road 1 to the furthest northwest property boundary of the site including a cul-de-sac at this point.

· Construction of fourth leg of Yass Valley Way roundabout including details on actions taken to minimise the impact on the movement of existing traffic using the roundabout plus details of any expected delays.

Note 2: The design vehicle shall be the largest vehicle expected to enter the site. Details of the design vehicles is to be provided on drawing

Note 3: The swept path of the largest vehicles entering and exiting the subject site and manoeuvrability through the site is to be provided in accordance with AS 2890.2-2002 “Off-street commercial vehicle facilities” and in a manner to allow all vehicles to be able to enter and exit the subject site in a forward direction. The movement paths are to be maintained free of obstructions.

Note 4: Details of the following ancillary construction works if require following ancillaries/ items:

· The installation of culverts to allow the passage of stormwater under the road as required.

· Creek crossings, as required, and any associated approval/permits/licences.

· Lines and signs in accordance with RMS standards, as required.

Note 5: Except as identified in Council’s Road Standards Policy or as specified by an approved Engineering Construction Certificate, the maximum additional thickness of gravel/roadbase that can be added to an existing surface of is 150mm and the road formation cannot be varied from Council’s Road Standards.

Note 6: Except as identified by an approved Engineering Construction Certificate reducing the existing site levels by more than 200mm (in any section) will not be approved.

Note 7: All road accesses used by heavy vehicles that require the vehicle to turn into/out of the site at approximately 90 degrees are to have concrete pavement for the full width of the road and designed to cater for the maximum vehicle loads.

Note 8: Turning templates for the largest vehicles are to be supplied for all roads.

Note 9: During construction of the fourth leg of the roundabout VMS boards are to be used to warn motorist of delays and queuing traffic. These are to be included for the Hume Highway and will be subject to TfNSW approvals.

The required works are to be undertaken at no cost to Council.

Council is committed to the sustainable management of the environment which includes minimising the impact of road upgrades. Clause 9.5 of Council’s Road Standards Policy RD-POL-9 should be considered in the preparation of engineering designs. In this regard, Council may require a Review of Environmental Factors (REF) to accompany the engineering drawings for consideration and approval prior to the issue of an Engineering Construction Certificate.

(9) Engineering drawings associated with the construction of internal roads and the heavy vehicle only exit to Yass Valley Way and construction of fourth leg of Yass Valley Way roundabout shall be submitted to Council’s Infrastructure & Assets Department for approval in accordance appropriate Australian Standards, AustRoads etc.

Note 1: Details of the heavy vehicle only exit to Yass Valley Way including acceleration lane and traffic management devices (lines, signs, structures etc) to prevent right hand turn onto Yass Valley Way from the exit and left turn from Yass Valley Way into this exit.

Note 2: Details of the following ancillary construction works if require following ancillaries items:

· The installation of culverts to allow the passage of stormwater under the road, as required.

· Creek crossings, as required, and any associated approval/permits/licences.

· Lines and signs in accordance with Transport for NSW Roads & Maritime Services (TfNSW) standards, as required.

Note 3: The heavy vehicle exit to Yass Valley Way and acceleration lane are to be considered as property access points to the lot. As such the land holder is responsible for the maintenance and rehabilitation of these areas including the any lighting provided.

Note 4: Appropriate lighting is to installed on the site and the acceleration lane to ensure safe movement of vehicles and pedestrians.

Note 5: Appropriate lighting is to be installed to the heavy vehicle only exit to Yass Valley Way and acceleration lane in accordance with Transport for NSW Roads & Maritime Services (TfNSW) requirements and appropriate Australian Standards. This lighting is to be connected to the sites power supply and the land owner is responsible for all electricity costs etc.

Note 6: Turning templates for the largest vehicles are to be supplied for all areas of the site including the heavy vehicle only exit to Yass Valley Way and its acceleration lane.

Note 7: At minimum the first 20 metres of the acceleration lane from its intersection with the carriageway of Yass Valley Way is to be sealed.

Note 8: The heavy vehicle only exit to Yass Valley Way and acceleration shall not extend further to the west than the eastern most part of the intersection of the Yass Valley Way and the existing western most driveway to the Yass Valley Service Centre development located on northern side of Yass Valley Way on Lot 2 DP 852715.

Note 9: The appropriate direction of travel is to signed and line marked through-out the site

The required works are to be undertaken at no cost to Council.

(10) Engineering details of site lighting and lighting for the heavy vehicle only exit to Yass Valley Way and acceleration lane shall be submitted to Council’s Infrastructure & Assets Department for approval in accordance TfNSW (RMS) requirements and Australian Standards.

Note: Spill diagrams are to be provided.

(11) Engineering drawings associated with the drainage of stormwater shall be submitted to Council’s Infrastructure & Assets Department for approval in accordance with Council’s Stormwater Policies and Design and Construction Specification – Ausspec#1

Note 2: Road 1 and 2 are to be construction with standard upright concrete kerb.

Note 3: Specific details are to be supplied of how the stormwater is to be managed at the roundabout.

Note 4: The stormwater system shall be designed to ensure that discharge from the site post development is not exceed when compared to pre development flows for a 1 in 5 and 1 in 100 year ARI.

Note 5: These documents will include details of the discharge of stormwater off the site (including quantities for various storm event and is to include stormwater that falls on the site or enters the site from upstream), what is proposed to manage the discharge (including details of any infrastructure etc), the potential downstream effects of such discharges and actions proposed to ameliorate such effects and what is proposed to ameliorate any effects on the site from stormwater from upstream of the site

Note 6: Stormwater that is collected from the fuel dispensing areas is to be kept separate from other stormwater. This stormwater is to be separately treated to remove contaminants prior to being discharged to the sites stormwater system. Details of the contaminate removal process are to be provided.

Note 7: A 1in 100 year overland flow path is to be provided for the site and shown on drawings

Note 8: Details of gross pollutant and water quality device(s) proposed to be installed are to be provided.

(12) Engineering drawings associated with the construction internal roads and car parking areas shall be submitted to Council’s Infrastructure & Asset’s Department for approval in accordance with Council’s Roads Standards Policy RD-Pol-09 and Off-Street Car Parking Policy ASS-POL-08.

The design details shall include the following information:

Note 1: Car parking and vehicular manoeuvring areas being designed in accordance with AS 2890 “Off-Street Car Parking” and “Off Street Commercial Vehicle Facilities”

Note 2: All movement paths are to be maintained free of obstructions

Note 3: Parking facilities are to be provided for service vehicles.

Note 4: Interfacing of heavy vehicles and passenger vehicles shall be minimised

Note 5: Parking facilities and space are to be provided for waste management and waste collection vehicles

Note 6: The drawings shall include all dimensions, line marking and signs for the car parking area plus details of provision of parking for disabled persons

Note 7: The drawings shall include details of facilities to be provided within the car park to facilitate safe pedestrian movements throughout the car park. Pedestrian crossing stripes are not to be placed as it resembles to the pedestrian crossing on the road and creates confusion as to who has the priority. Raised pedestrian walkways enhance the visibility of the walkway and the safety of pedestrians.

Note 8: The car parking area is to be designed to allow all vehicles to enter and exit the subject site in a forward direction.

Note 9: The drawings shall provide details of any proposed carpark lighting and the potential impact on surrounding areas.

(13) A Design Certification Report relating to the detailed engineering design work shall be submitted to Council as per Council’s Design Specification - AusSpec #1, Annexure DQS-A.

Note: This Design Report shall provide evidence that suitably qualified designers have designed each component of the engineering works for the development.

(14) A detailed landscaping plan shall be submitted to Council’s Infrastructure and Asset Department for Approval. Details of the proposed landscaping species and installation including cultivar, common and botanical names, height and spread at maturity shall be submitted along with this plan. Approved advanced street trees shall be planted in the road reserve at a rate of 1 every 20 metres and shall be adequately protected.

Installed street trees must be appropriately maintained (including watered) to ensure they survive and will be checked as part of any defect liability period. Any missing or dead tress must be replaced before issuing the final defect liability period compliance certificate.

(15) A list of three street names, for each new street shall be submitted to Council for consideration and approval in accordance with Council’s Naming of Roads Policy RD-POL-6.

(16) Detailed design plans for any proposed works, or works required by a condition of consent, within the road reserve of Yass Valley Way shall be submitted to, and approved by Transport for NSW prior to the issue of any Construction Certificate for the development. The geometric design shall be in accordance with the Austroads Guide to Road Design as amended by supplements adopted by Transport for NSW. Proof of Transport for NSW (TfNSW’s) approval is to be provided to Council prior to the issue of an Engineering Construction Certificate.

PART E – PRIOR TO WORKS COMMENCING

(1) Work, with the exception of set out and investigation work, shall not commence until a Construction Certificate, complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued.

(2) Council shall be informed of the name and details of the Principal Certifier and the date construction work is proposed to commence, no later than two days prior to such commencement;

(3) A waste management plan for the work must be submitted to the principal certifier at least 2 days before work commences on the site. The waste management plan must:

(a) Identify all waste (including excavation, demolition and construction waste materials) that will be generated by the work on the site, and

(b) Identify the quantity of waste material in tonnes and cubic metres to be—

(i) Reused on-site, and

(ii) Recycled on-site and off-site, and

(iii) Disposed of off-site, and

(b) If waste materials are to be reused or recycled on-site—specify how the waste material will be reused or recycled on-site, and

(d) If waste materials are to be disposed of or recycled off-site—specify the contractor who will be transporting the materials and the waste facility or recycling outlet to which the materials will be taken.

(4) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.

(5) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

(6) Run-off and erosion controls must be implemented to prevent soil 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 a silt fence and providing any other necessary sediment control measures that will prevent debris escaping into drainage systems, waterways or adjoining properties, and

(d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.

(7) A sign must be 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 principal certifier 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

This 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

(8) A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:

(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or

(b) could cause damage to adjoining lands by falling objects, or

Note: Clauses 2.67 and 2.68 of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specify which scaffolding, hoardings and temporary construction site fences are exempt development and state the applicable standards for that development.

(9) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site. Each toilet provided must be:

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

(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or

(10) The building(s) and freestanding advertising sings shall be set out by a registered surveyor to verify the correct position of each structure in relation to the property boundaries prior to the commencement of works.

Evidence that the building(s) were set-out and have been located in accordance with the approved plans shall be submitted to the Principal Certifier or Council upon request.

(11) Any contractor undertaking works in a Council road reserve shall be recognised by Council as an “Approved Contractor” for such works.

The contractor shall also submit the following details to Council not less than three days prior to works commencing:

(a) A current public liability certificate with a minimum cover of $20 million;

(b) Current Plant / vehicle insurances;

Note: Any work associated with a classified road requires RMS concurrence and no work within the road reserve is to be undertaken until received. RMS concurrence may take 10 working days.

(12) Each Plumber and Drainer that works on the development must notify the Yass Valley Council of their intention to carry out works as outlined in the Plumbing and Drainage Act 2011. Such notification is to come in the form of the standard Notice of Work (NoW) form prepared by the Office of Fair Trading.

Note: The minimum amount of notice under this Act is two business days.

(13) A Soil and Water Management Plan shall be submitted to Council’s Infrastructure & Assets Department for approval in accordance with Council’s Design and Construction Specification – Ausspec#1. The plan shall include construction techniques to minimise site disturbance and the potential for soil erosion by wind or water, erosion control on any watercourse on the property, revegetation of disturbed areas and any other matters that re deemed necessary by Council.

Note: An indicative plan may be prepared to complement the design plans, however, the final plan for approval shall be prepared in consultation with the construction contractor;

PART F – CONDITIONS OF TRANSPORT FOR NSW (TfNSW)

(1) The heavy vehicle refuelling bowsers and canopy are to be setback from the road reserve to provide stacking for at least 1 design vehicle behind a design vehicle standing at the bowsers. The stack vehicle shall not impede the flow of other vehicles to the site from the public road.

(2) The provision of facilities within the development site is to provide for the safe movement of pedestrians and to minimise potential for conflict with vehicles.

(3) The proposed coach parking should located adjacent to the building to allow for the congregation of passengers and movement to the building to minimise potential for conflict between pedestrians and vehicles on the development site.

(4) The proposed driveway through Lot 34 DP 871286 to the Yass Valley Way shall be designed and sign posted for left turn exit only from the development site to the Yass Valley Way.

(5) The exit driveway shall include an acceleration lane designed and constructed for the design vehicle to achieve the required merge speed for the posted speed limit in accordance with the Austroads documentation. Compliance with this requirement shall be demonstrated by an appropriately qualified person prior to release of the Construction Certificate.

(6) The proposed driveway through Lot 34 DP 871286 to the Yass Valley Way and acceleration lane shall not extend further to the west than the eastern most part of the intersection of the Yass Valley Way and the existing western most driveway to the Yass Valley Service Centre development located on northern side of Yass Valley Way on Lot 2 DP 852715.

(7) The intersection of the exit driveway and acceleration lane with the Yass Valley Way shall be designed to deny right turn to the existing western most driveway to the Yass Valley Service Centre development located on northern side of Yass Valley Way on Lot 2 DP 852715.

(8) The proposed driveway and acceleration lane to the Yass Valley Way shall be sealed for at least 50 metres from the carriageway of the Yass Valley Way.

(9) Detailed design plans for any proposed works, or works required by a condition of consent, within the road reserve of Yass Valley Way shall be submitted to, and approved by Transport for NSW prior to the issue of any Construction Certificate for the development. The geometric design shall be in accordance with the Austroads Guide to Road Design as amended by supplements adopted by Transport for NSW.

(10) Works associated with the proposed development shall be at no cost to Transport for NSW.

(11) The off-street car park layout associated with the proposed development including driveway design and location, internal aisle widths, ramp grades, parking bay dimensions and loading bays are to be in accordance with AS 2890.1-2004 “Off-street car parking” and AS 2890.2-2002 “Off-street commercial vehicle facilities”.

(12) The swept path of the largest vehicles entering and exiting the subject site and manoeuvrability through the site is to be provided in accordance with AS 2890.2-2002 “Off-street commercial vehicle facilities” and in a manner to allow all vehicles to be able to enter and exit the subject site in a forward direction. The movement paths are to be maintained free of obstructions.

(13) The proposed one way motion at the various driveways as indicated on the submitted plans is to be implemented. This one way motion is to be appropriately signposted and line marked at the access driveways and through the carpark.

(14) Facilities are to be provided within the car park to facilitate safe pedestrian movements throughout the car park. Pedestrian crossing stripes are not to be placed as it resembles to the pedestrian crossing on the road and creates confusion as to who has the priority. Raised pedestrian walkways enhance the visibility of the walkway and the safety of pedestrians.

PART G - EARTHWORKS, INTERNAL DRIVEWAYS & IMPORTATION OF ASSOCIATED MATERIAL

(1) Unless otherwise approved by a condition of consent or the stamped approved plans earthworks, internal driveways and the importation of associated material is restricted to that which can be undertaken as exempt development under the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008;

(2) Any earthworks (including any structural support or other related structure for the purposes of the development):

(a) must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and

(b) must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and

(c) that is fill brought to the site—must contain only virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997, and

(d) that is excavated soil to be removed from the site—must be disposed of in accordance with any requirements under the Protection of the Environment Operations (Waste) Regulation 2005.

(3) Any excavation must be carried out in accordance with Excavation Work: Code of Practice (ISBN 978-0-642-785442 [PDF] and ISBN 978-0-642-785459 [DOCX]), published in July 2012 by Safe Work Australia.

(4) Material imported to the site must be suitable for the proposed application/fit for purpose and be:

(a) Sourced from a suitably licenced facility (i.e. landscaping supplies or quarry operation); or

(b) Virgin Excavated Natural Material (VENM) as defined in the Protection of the Environment Operations Act 1997;

Documentation demonstrating compliance with this condition must be provided to Council upon request.

(5) Heavy vehicle movements associated with the delivery of material to the site are restricted as follows:

(a) A maximum of 6 movements per day (1 movement = in and out of the site);

(b) No movements on weekends or public holidays;

PART H – INSPECTIONS

(1) Critical stage inspections as required by Clause 162A of the Environmental Planning and Assessment Regulation 2000 must be carried out by the Principal Certifier.

Where Council is nominated as the Principal Certifier Inspections will be required at the following stages of construction:

Inspection	Hold Point
(a) After excavation of footings	Prior to pouring concrete, after placement of erosion and sediment control measures, on-site toilet and signage.
(b) Stormwater	Prior to covering any stormwater drainage connections
(c) Final	After the building work has been completed and all conditions of development consent are complied with and prior to any occupation certificate being issued in relation to the building

(2) As the local plumbing and drainage regulator Yass Valley Council must undertake inspections at the following stages of construction:

Inspection	Hold Point
(a) All internal sanitary drainage.	Prior to backfill;
(b) All external sanitary drainage	Prior to backfill;
(c) At the completion of all plumbing and drainage works.	Prior to the occupation.

(3) Upon inspection of each stage of construction, the Principal Certifier (or other suitably qualified person on behalf of the Principal Certifier subject to the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

(a) Sediment control measures.

(b) Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

(4) A Compliance Certificate shall be obtained from Council’s Engineering Department at the following stages of construction:

Roads

(a) Completion of property access. This inspection is for access dimensions and to ensure there are no ‘trip-fall’ hazards. Compliance with change in longitudinal grade will only be undertaken where it can be confirmed via WAE drawings

(b) Completion of sub-grade pavement layer – proof roll

(d) Completion of two coat bitumen seal – if required – visual only

(e) Completion of asphalt works (eg cul-de-sac heads) – visual only

(f) Completion of concrete road pavements

(g) Completion of any upgrade works on state roads/highways as requested by TfNSW– written confirmation from TfNSW that they are satisfied with the works undertaken

(h) Completion of kerb and guttering

Stormwater

(a) Completion of stormwater drainage line – prior to backfilling

(b) Completion of stormwater detention infrastructure – if required

Water

(a) Installation of bulk water meter, RPZD device and fire service

Sewer

(a) Installation of sewer drainage connections to Council’s main – prior to backfilling

(b) Installation of pre-treatment devices for pre-treatment of liquid waste

Other

(a) Completion of streetscaping and other public landscaping

(b) Completion of car parking including line marking – visual only

(5) If Council is selected as the Principal Certifying Authority for engineering works, the fee per inspection shall be levied in accordance with Council’s Fees and Charges, relevant at the time of payment.

PART I - CONSTRUCTION

(1) Works must be carried out in accordance with the plans and specifications to which this consent relates.

(2) All building work shall be carried out in accordance with the provisions of the National Construction Code/Building Code of Australia (as amended) and all relevant Australian Standards;

(3) Hours for construction - Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.

(4) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

(5) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.

Note: Copies of receipts relating to the disposal of waste at a licensed waste management facility (or facilities) must be submitted to the Yass Valley Council upon request.

(6) Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.

(7) During construction:

(a) all vehicles entering or leaving the site must have their loads covered, and

(b) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.

(8) At the completion of the works, the work site must be left clear of waste and debris.

(9) Internal walls for food tenancies shall be of solid construction in accordance with AS 4674- 2004 Design, Construction and Fit-out of Food Premises.

PART J – PLUMBING AND DRAINAGE

(1) All Plumbing and Drainage work shall comply with the provisions of the Plumbing Code of Australia.

(2) Plumbing and Drainage shall comply with the provisions of the Plumbing and Drainage Act 2011 and Plumbing and Drainage Regulation 2012.

Note: The Plumbing and Drainage Act 2011 requires each Plumber and Drainer that works on the development to submit the following information to the Yass Valley Council:

· Notice of Work (NoW);

· Sewer Service Diagram (SSD);

· Certificate of Compliance (CoC).

PART K – STORMWATER DRAINAGE

(1) If the work is the erection of, or an alteration or addition to, a building, the roof stormwater drainage system must be installed and connected to the drainage system before the roof is installed.

(2) Stormwater drainage work shall comply with AS/NZS 3500.3, 2003 - Stormwater drainage.

(3) Stormwater collected from the development shall not cause nuisance to adjoining landowners.

(4) Where up-stream surface water flows through the allotment the development shall not redirect or divert this water in such a manner that would intensify flows onto adjoining properties.

PART L - TREE REMOVAL, PROTECTION AND MANAGEMENT

(1) All trees that are to be retained must be protected prior to any site works or civil works commencing on the site in accordance with AS 4970-2009 - Protection of Trees on Development Sites. No machinery is to impinge upon the retained remnant trees.

(2) The removal of trees from the site are restricted to those that were approved by DA145283.

(3) Removal of vegetation that is not approved by DA145283 requires the consent of Council under the provisions of the Biodiversity Conservation Act 2016 and Environmental Protection and Biodiversity Conservation Act 1999.

(4) The Applicant shall nominate a suitably qualified and experienced person who will be responsible for overseeing the tree removal and tree management. A suitably qualified and/or experienced tree arborist is required to carry out all tree removal.

(5) The trees approved to be removed under DA145283 shall be felled by controlled or sectional felling so as to avoid any damage to trees to be retained and nearby structures/buildings.

(6) To minimise disturbance to retained trees, no excavation shall take place within the critical root zone, measured as a radius from the centre of the trunk (minimum 5 metres).

Critical Root Zone = 5 x Trunk Diameter 1400 from ground level.

(7) Public access to the site is to be restricted when tree removal work is in progress or the site is unoccupied. All public safety provisions must be in place prior to the commencement of any works and must be maintained throughout tree removal work.

(8) The applicant shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the tree removal.

PART M - FUEL, OIL AND CHEMICALS

(1) All chemicals, fuels and oils used on-site are to be stored in appropriately bunded areas in accordance with, and that comply with, all relevant Australian Standards including Australian Standard AS1940-2017 – The Storage of and Handling of Flammable and Combustible Liquids, and with WorkCover NSW requirements.

(2) The underground petroleum storage system (UPSS) must:

(a) Be designed, installed and commissioned by appropriately qualified and experienced persons in accordance with the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019 as well as AS 4897:2008 Design, Installation and Operation of Underground Petroleum Storage.

(b) Have minimum mandatory pollution protection equipment installed, consistent with the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019.

(c) Have groundwater monitoring wells installed and tested in accordance with the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019.

(d) Have a certificate showing that an equipment integrity test (EIT) has been carried out in line with directions of an appropriately qualified person. A copy of the EIT shall be provided to Council.

(e) Have leak detection equipment installed, consistent with the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019.

(f) The UPSS design shall include loss monitoring procedures capable of detecting losses of petroleum down to 0.76L per hour with at least 95% accuracy.

(g) A Fuel System Operation Plan (FSOP) shall be development in accordance with Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2019. A copy of the FSOP shall be provided to Council.

(h) The Vapour Recovery System shall be tested in accordance Protection of the Environment Operations (Clean Air) Regulation.

The UPSS can only be commissioned once all of these requirements have been met.

(3) If above ground tanks are included: any diesel fuel storage tanks shall be installed and operated in accordance with:

· Manufacturers details and specifications

· AS1940-2017 - The Storage and Handling of Flammable and Combustible Liquids

· AS1692-2006 - Steel Tanks for Flammable and Combustible Liquids;

(4) The design and construction of forecourt of the approved Highway Service Centre shall comply with the NSW EPA Practice Note: Managing run-off from Service Station Forecourts

(5) Suitable oil and fuel spill kit(s) shall be provided onsite at all times.

(6) The site is to be maintained in a clean and tidy manner at all times.

PART N - ADVERTISING SIGNAGE

(1) The advertising signs shall be designed and located so as to comply with the following:-

(a) The signs display shall not include –

· any flashing lights

· electronically changeable messages

· animated display, moving parts or simulated movements

· complex display that holds motorist’s attention beyond “glance appreciation”

· display resembling traffic signs or signals, or giving instruction to traffic by using words such as ‘halt’ or ‘stop’.

(b) The method and intensity of any illumination of the sign shall not be directed or transmitted in such concentration or intensity as to cause distraction or glare to motorists.

(c) The permissible level of reflectance of an advertisement is not to exceed the ‘Minimum coefficients of Luminous intensity per unit area as set out in Australian Standard AS/NZS 1906.1:2007;

(d) The proposed advertising signs and support structure shall be located wholly within the confines of the property boundaries and not protrude over any adjoining road reserve.

(e) The proposed signs and supporting structures to be located within close proximity to a road reserve are required, as a minimum, to comply with wind loading requirements as specified in AS1170.1 Structural Design Actions – Permanent, imposed and other actions and AS 1170.2 Structural Design Actions – wind actions.

(f) Any proposed sign and support structure shall not obstruct any road regulatory, safety or directional signage in the vicinity.

(g) Any proposed sign and support structure shall not pose any risk to safety of pedestrian or motorists.

(2) The sign structures are to be designed and located so as not to interfere with the required Safe Intersection Sight Distance (SISD) in either direction at the intersection for the prevailing speed limit in accordance with the Austroads Guide to Road Design as amended and the supplements adopted by Transport for NSW (TfNSW).

PART O – NOISE

(1) Noise, dust and odour generated as a result of the proposed development must comply with the provisions of the Protection of the Environment Operations Act, 1997.

(2) Noise generated by the development shall comply with the Noise Policy for Industry 2017 (as amended from time to time), NSW Interim Construction Noise Guidelines and the Noise Assessment Report prepared by Muller Acoustic Consulting Pty Ltd (MAC) – April 2020 submitted with the Development Application.

PART P – LIGHTING

(1) All external lighting associated with the development shall be mounted, screened, and directed in such a manner so as not to create a nuisance to the surrounding environment, properties and roadways. The lighting shall be the minimum level of illumination necessary and shall comply with Australian Standard AS4282 1997 – Control of the Obtrusive Effects of Outdoor Lighting.

PART Q - PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

(1) Prior to the issue of any Occupation Certificate, an application for an occupation certificate must be lodged with the Principal Certifier.

(2) Prior to the issue of any occupation certificate, all applicable Clauses under Section 6.10 of the Environmental Planning and Assessment Act 1979 shall be complied with.

(3) An occupation certificate authorising a person:

(a) to commence occupation or use of a partially completed new building, or

(b) to commence a new use of a part of an existing building,

must not be issued unless the building will not constitute a hazard to the health or safety of the occupants of the building.

(4) Product testing demonstrating compliance with the requirements of specification C1.10 of the National Construction Code / Building Code of Australia Volume 1 for all relevant floor coverings shall be submitted to the Principal Certifying Authority prior to the issue of an occupation certificate;

(5) The fire safety measures, as detailed in the relevant Fire Safety Schedule are to be installed and maintained in accordance with the provisions of Clause 168 Environmental Planning and Assessment Regulation 2000.

(6) A fire safety certificate in accordance with Clause 174 Environmental Planning and Assessment Regulation 2000 is to be submitted to the Yass Valley Council prior to the issue of an Occupation Certificate.

(7) Prior to the issue of any occupation certificate, certificates of compliance/installation for contractor’s works as applicable to the development shall be submitted to the Principal Certifying Authority.

Where Council is nominated as the Principal Certifier, the certificates listed below will be required as applicable to the development:

· Air-conditioning

· Electrical

· Frame (Timber or Metal)

· Gas fitting

· Glazing (windows, glazed doors and shower screens)

· Installation or maintenance of refrigeration systems

· Insulation

· Photovoltaic electricity generating system

· Plumbing/drainage

· Smoke Alarms

· Stormwater

· Structural Adequacy

· Termite Protection Systems

· Waterproofing

As applicable to the works, a copy of the tradespersons license number, qualifications, professional memberships, insurances, name, address and the Australian Standards or standards to which the certificate relates is to be included on the Certificate.

It is important to note that this list may not cover all developments and Council may request additional certificates prior to the issue of an occupation certificate.

(8) An identification survey prepared by a registered surveyor showing the location of the constructed development in relation to the property boundaries, easements and building envelope(s) shall be submitted to the Principal Certifier prior to the issue of an occupation certificate.

(9) If the work includes a mechanical ventilation system that is a regulated system within the meaning of the Public Health Act 2010, the system must be notified as required by the Public Health Regulation 2012, before an occupation certificate for the work is issued.

(10) Prior to the issue of any occupation certificate, any alteration to, or the relocation of, utility services on, or adjacent to, the lot on which the work is carried out, the work is not complete until all such works are carried out.

(11) Prior to the issue of any occupation certificate, the developer shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the construction of the development.

(12) All road construction to be undertaken designs/drawings approved with the Engineering Construction Certificate.

(13) All internal roads and heavy vehicle exit only to Yass Valley Way including acceleration lane are constructed in accordance with designs/drawings approved with the Engineering Construction Certificate.

(14) All carparking are constructed in accordance with designs/drawings approved with the Engineering Construction Certificate.

(15) The property vehicular accesses (new or existing) from the road to the property boundary shall be constructed in accordance with the approved plans attached to the engineering construction certificate.

Note: All disturbed surfaces adjacent to the works, either natural or manmade, will be required to be rehabilitated to a suitable state at the end of works.

Note: Clean debris from driveway pipe and nearby drain to facilitate water flow.

Note: Remove existing entry, reinstate fence and revegetate disturbed area.

(16) Kerb and gutter has been constructed in accordance with designs/drawings approved with the Engineering Construction Certificate.

(17) All stormwater structures etc are constructed in accordance with designs/drawings approved with the Engineering Construction Certificate.

(18) Landscaping is to be completed in accordance with the landscaping designs/plans approved with the Engineering Construction Certificate. The landscaping shall be maintained to the satisfaction of Council at all times.

(19) All street and site lighting has been installed in accordance with designs/drawings approved with the Engineering Construction Certificate.

(20) One complete set of “Work as Executed” (WAE) drawings, indicating all details of new engineering works constructed that will be dedicated to Council shall be submitted to Council.

The WAE Drawings shall be supplied to Council in the following format:

· AutoCAD LT 2011 on MGA 94 Zone 55 coordinates; and

· AutoCAD R12/LT2 DXF; and

· PDF; and

· A1 Hard Copy; and

Shall include separate details of for the following (if applicable to development):

(a) Water – Location, Depth, Size, Material, Easement;

(b) Sewer – Location, Depth, Size, Material, Easement, Invert Level, Grades, Pit Details and tie details;

(d) Transport Infrastructure – roads plan, cross sections, long sections, pavement details, K&G details, Footpath and Cycleway Details, Bus Stop Details, Street Light Locations;

(e) Details of property accesses including a cross section from the centre of the road to at least 3 metres into the adjacent property. Cross section to show all change in grades

(f) Landscaping Details;

(g) Other Utilities – Gas, Telstra, Electricity, Fibre Optic Cable locations, Depths, Easements and heights in comparison to the roads centre line.

(h) Survey Mark Details – Marker Numbers and AHD.

Note: Tie details must include depth, distance into the property and distance from a specified property boundary

For each lot created a separate Lot Plan (A4) shall be submitted to Council which shows the location (distance away from nearest side boundary and distance into the lot), level, depth and diameter of tie details for water, sewer and stormwater and as well easement details.

(21) A bank guarantee, or cash bond, equivalent to 5% of the value of the whole of the engineering works that will be dedicated to Council shall be lodge with Council as a performance bond.

Note: This bond must be unconditional with no time limit and must be in the name of the developer (ie bonds in the name of the construction contractor will not be accepted).

Note: This bond shall be held for a period of the defects liability period (at least 12 months), which will commence from the later of linen plan release from Council or the practical completion of the engineering works (as evidence by the associated engineering compliance certificate).

Note: at the end of the defects liability period a final compliance inspection will be undertaken. Areas inspected may include the following:

· Roadside drainage

· Piped drainage

· Water quality or retention systems/devices

· Sealed road surface condition including excessive loose gravel

· Road signs and lines

· Sub-grade failures (eg soft spot)

· Roadside landscaping

Note: During the defect liability period the applicant will be responsible for all maintenance activities except for the following, which will be undertaken by Council:

· maintenance grading of unsealed roads public roads

· Council sewer blockages

(22) Kerb and gutter shall be constructed along the frontage of the subject land adjacent to roads 1 and 2.

Note: Kerb & Gutter standards are upright type to be in accordance with Council’s Roads Policy RD-POL-09.

(23) Street name signs shall be installed at the entrance to each new road. The street sign shall be in accordance with Council’s standard urban street sign design. Where the road is no-through a “no-through road” sign is to be installed

(24) An over land flow path to accommodate the discharge from a 1 in 100 year storm event shall be provided;

(25) Property accesses shall be constructed in accordance with approved Engineering Construction Certificate.

(26) A Constructed Asset Information shall be supplied for all assets dedicated to Council. The required information shall include:

Roads

(i) Length, width, gravel depth;

(ii) Earthworks cost;

(iii) Pavement cost;

(iv) Seal cost;

(v) Guidepost numbers and cost;

(vi) Raised pavement markers numbers and cost;

(vii) Guardrail type, size in metres and cost;

(viii) Signposts cost;

(ix) Open drainage works length and cost;

(x) Kerb and gutter length and cost;

(xi) Footpath cycleway length, width and cost.

Stormwater Drainage

(i) Pipe type, length and cost;

(ii) Pit type, number and cost;

(iii) Headwalls, number and cost;

(iv) Rockwork area and cost;

(v) Stormwater quality improvement features, type, number and component costs.

Sewerage Infrastructure

(i) Pipe type, length and cost;

(ii) Pit type, number and cost;

(iii) Pump well type and cost;

(iv) Electrical and Control equipment type and cost;

(v) Back up generator type and cost;

(vi) Monitoring equipment type and cost.

Water Supply Infrastructure

(i) Pipe type, length and cost;

(ii) Valve type, number and cost;

(iii) Hydrant type, number and cost;

Other Assets

(i) Description, dimensions and cost.

(27) Prior to the issue of any Occupation Certificate; water, sewer and stormwater infrastructure and connections are to be completed in accordance with the approved Construction Certificate plans.

(28) Prior to the issue of any Occupation Certificate of a premises which involves the discharge of liquid trade waste, the developer shall apply to and obtain written approval from Yass Valley Council stating the conditions of discharge to sewer. This approval shall state any pre-treatments, ongoing requirements and whether a Liquid Trade Waste Agreement needs to be entered into with Yass Valley Council.

(29) A copy of the Emergency and Spill Management Plan(s) for the highway service centre is to be submitted to Council.

(30) The developer is required to get approval from the National Heavy Vehicle Regulator under the Heavy Vehicle National Law (HVNL) for the entire heavy vehicle access route.

(31) Stock proof fencing shall be provided to all property boundaries. The minimum acceptable standard for new fencing work is as follows:

· A fence height of no less than 1,200 mm

· Strainers – spacing 100 m to 200 m depending on terrain

· Steel Star Pickets at 4 m centres

· Two 1.57 mm high tensile barbed wires (or 2.5 mm. high tensile plain wires) on top

· Three 2.8 mm high tensile carry wires

· “Hinged Joint or Ringlock”

· Netting floodgates as required

· All gates shall be set back a minimum of 15 metres from the edge of road formation.

New fences must be located so as to minimise the need for tree removal.

(32) Prior to the issue of any occupation certificate, a Food Business Notification Form (Form No. 187 located on Council website) is to be completed and returned to Council with details of the business and qualified/nominated Food Safety Supervisor.

(33) The kitchen is to be constructed in accordance with the plans approved with the Building Construction Certificate and any relevant conditions in the approved Liquid Trade Waste Agreement.

(34) The kitchen is to be inspected and approved in writing by Council’s Environmental Health Officer.

(35) The developer shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the construction of the development.

NOTES ACCOMPANYING DEVELOPMENT CONSENT DA190114

(Please read these notes carefully to ensure you are fully conversant with the conditions under which this consent is granted.)

(1) This consent has been granted under Clause 2.3 of the Yass Valley Local Environmental Plan 2013;

(2) All fees and charges associated with this consent shall be adjusted annually from the date of this consent in accordance with seasonal movements in the CPI for the Canberra region;

(3) Any additional Council inspection, beyond the scope of any Compliance Certificate package and needed to verify the compliance of any work, shall be charged at the individual inspection rate nominated in Council’s Fees and Charges Schedule;

(4) This development consent does not guarantee compliance with land specific agreements, by-laws, covenants, 88B restrictions, community management plans, or other similar development restrictions that may be applicable to the land. It is the responsibility of the land owner, applicant and developer to make their own enquiries in order to be satisfied that compliance with these restrictions has been achieved.

(5) The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading;

(6) The Work Health and Safety Act 2011, the Work Health and Safety Regulation 2011 and various Australian Standards provide a comprehensive set of risk control measures and procedures for development sites which cover all types of risk. This legislation is administered by WorkCover New South Wales which has produced a variety of guidelines and other supporting documents for the information of developers.

All persons undertaking work in connection with this consent should ensure that all required risk control measures and procedures are complied with.

(7) To arrange a building or plumbing inspection please use Councils on-line booking system. Access to the booking system and information about Inspections is available on Council’s website - https://www.yassvalley.nsw.gov.au/our-services/planning-and-building/certification-and-inspections/inspections/

Your development is in the Yass area for the purpose of booking these inspections.

6.4 Development Application DA200184 - Dwelling and Two Lot Subdivision, 2 Rose Street, Murrumbateman

Attachment d Draft Conditions

DA200184 – DRAFT CONDITIONS – 2 ROSE STREET

PART A - GENERAL CONDITIONS

(2) Work on any building shall not commence until a Construction Certificate, complying in all respects with the provisions of the Environmental Planning and Assessment Act 1979, Environmental Planning and Assessment Regulation 2000 and the Building Code of Australia, has been issued.

Note: A Construction Certificate Application has not been lodged with Council.

(3) This approval relates only to the development referred to in the development application and specifically does not amount to an approval or acceptance by the Council of any works or buildings already erected on the land, whether or not those works or buildings are the subject of a prior development or building approval.

(2) All engineering design and construction work shall be undertaken in accordance with the following, current at the time of the Construction Certificate being issued:

· Council's Road Standards Policy RD-POL-09

· Council’s Design and Construction Specification – AUS-SPEC #1

· Australian Standards and

· AustRoads

· The Water Reticulation Code of Australia and

· The Sewerage Code of Australia

(4) The capacity and effectiveness of runoff and erosion control measures shall be maintained at all times to the satisfaction of Council as shall any techniques to suppress dust and the tracking of sediment onto existing sealed roads.

(5) All adjustments to existing utility services whether caused directly or indirectly by this proposed development are to be undertaken at the developer’s expense.

(6) The colours and external materials used are to be compatible with those of existing development in the locality.

Note: Zincalume is not permitted to be used for roof or wall panels.

(7) Any Archaeology object discovered during excavation having interest due to its age or association with the past is uncovered during the course of the work:

(a) all work must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery.

Note: Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1997 may be required before further the work can continue.

(8) If any Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work:

(a) all excavation or disturbance of the area must stop immediately in that area, and

(b) the Office of Environment and Heritage must be advised of the discovery in accordance with section 89A of the National Parks and Wildlife Act 1974.

Note: If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974.

PART B - PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

(1) Prior to a Construction certificate being issued, the applicant shall submit to the Principal Certifier, a copy of an Owner Builder Permit or a Certificate of Insurance under the Home Building Compensation Fund for the proposed development as applicable under the provisions of the Home Building Act 1989.

(2) A copy of a quote or invoice of the total cost of labour and materials involved in the proposed development prepared by a suitably qualified builder or quantity surveyor shall be submitted to Council.

If the total cost of works exceeds the amount in the Development Application further fees may be applicable and will need to be paid prior to issuing a Construction Certificate.

(3) In accordance with section 7.12 Environmental Planning and Assessment Act 1979 and the Yass Valley Development Contributions Plan 2018, a monetary contribution must be paid to Council if the proposed cost of carrying out the development exceeds $100,000.

The contribution rate is determined in accordance with the table below:

Proposed cost of carrying out the development	Contribution Rate
Up to and including $100,000	Nil
More than $100,000 and up to and including $200,000	0.5% of that cost
More than $200,000	1% of that cost

(4) A Certificate of Compliance shall be obtained for the augmentation of Council's water supply system under section 305 Water Management Act 2000. The fee for the Certificate of Compliance is $22,929.

It should be noted that:

· The total fee is based on a 1 ET lot increase in demand calculated on a base rate of $22,929 per lot.

· Deferred payments can be made upon the registration of a Voluntary Planning Agreement which provides for such arrangements.

· The base rate utilised above was the rate applicable at the time the application was determined.

· The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined.

· The base rate per connection may vary over time.

· Compliance under Section 305 does not include the physical installation of any infrastructure.

(5) A Certificate of Compliance shall be obtained for the augmentation of Council's sewer system under section 305 Water Management Act 2000. The fee for the Certificate of Compliance is $16,944.

It should be noted that:

· The total fee is for a 1 ET lot increase in demand calculated on a base rate of $16,944 per lot.

· Deferred payments can be made upon the registration of a Voluntary Planning Agreement which provides for such arrangements.

· The base rate utilised above was the rate applicable at the time the application was determined.

· The amount payable will be calculated on the rate applicable at the time of payment, rather than at the time the application was determined.

· The base rate per connection may vary over time.

· Compliance under Section 305 does not include the physical installation of any infrastructure.

(6) Engineering drawings for the provision of access to each allotment shall be submitted to Council’s Infrastructure and Assets Division for approval in accordance with Council’s Roads Standards Policy RD-POL-09 and Council’s Design and Construction Specification – Ausspec#1.

Note: Access for Lot 1 (existing dwelling) must be located off South Street and not the laneway.

Engineering drawings associated with the drainage of sewer shall be submitted to Council’s Engineering Department for approval in accordance with the Sewerage Code of Australia.

· Sewer to service Proposed Lot 1 and Lot 2 shall be designed to discharge to existing sewer manhole MV AA2 on Rose Street.

· Sewer reticulation shall be designed and laid to satisfy hydraulic requirements in accordance with Sewerage Code of Australia.

· All sewer reticulation mains shall be with PVC, RRJ, Class SN8 with a minimum diameter of 150 mm.

· Trench stops / concrete bulkheads shall be installed for mains designed for grades 5% and above as per the Sewerage Code of Australia.

· Sewer mains shall be air pressure tested as per approved methods and sewer manholes shall be vacuum tested as per approved methods.

· Sewer connections to existing sewer manholes or existing main shall be carried out by a licensed plumber in accordance with Council requirements.

· Sewer ties are to be raised with a boundary riser and capped if the tie depth is more than two metres.

· Marker peg system or marker tape system shall be installed to each sewer tie as per the Sewerage Code of Australia.

· Existing on-site sewage management system shall be decommissioned.

(7) A water service and meter are required to service Proposed Lot 2. An application shall be lodged to Council with relevant payment. Installation of water service and water meter to be carried-out by Council at Developer’s expense.

The water service and meter are not permitted to be located within or closer than 500mm to the proposed driveway. The water meter location shall be agreed to the satisfaction of Council’s Water and Wastewater Department prior to the construction of the proposed driveway.

(8) A Tree Impact Assessment and Tree Management Plan shall be submitted to Council for approval and shall detail:

· The health, life expectancy and structural stability of the native trees proposed to be retained.

· Identifies the tree protection zone (TPZ) and considers the impact of any encroachment of works within this area including site cut, driveway and installation of services.

· Makes recommendations for management and protection of the native trees proposed be retained, including during construction.

Note: The Applicant should consider the opportunity to relocate the driveway for Proposed Lot 2 further to the south.

(9) A report from a suitably qualified professional stating the soil classification of the site as required by AS 2870 - Residential Slabs & Footings shall be submitted to the Principal Certifier.

(10) Structural drawings prepared by a suitably qualified and experienced Structural Engineer must be submitted to and approved by the Principal Certifier prior to the issue of a Construction Certificate. The plans shall detail:

(a) All reinforced concrete floor slabs and/or beams or raft slab (having due regard to the possible differential settlement of the cut and fill areas where applicable);

(b) Footings of the proposed structure;

(c) Structural steel wall frames, roof framing members, beams, columns, bearers, joists and wall/roof bracing (as applicable to the development).

(11) Retaining walls or other approved methods of preventing movement of the soil must be provided if the soil conditions require it and adequate provisions made for drainage. Where retaining walls that are located closer than 900mm to a property boundary or exceed 600mm metre in height, Engineers details must be submitted to and approved by the Principal Certifier.

PART C - PRIOR TO COMMENCEMENT OF WORKS

(1) Council shall be informed of the name and details of the Principal Certifier and the date construction work is proposed to commence, no later than two days prior to such commencement;

(2) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.

(3) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

(4) Run-off and erosion controls must be implemented to prevent soil 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 a silt fence and providing any other necessary sediment control measures that will prevent debris escaping into drainage systems, waterways or adjoining properties, and

(d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.

(5) A sign must be 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 Principal Certifier 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

This 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

(6) A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of works if the works:

(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or

(b) could cause damage to adjoining lands by falling objects, or

(7) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site. Each toilet provided must be:

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

(b) have an on-site effluent disposal system approved under the Local Government Act 1993, or

(8) The building(s) shall be set out by a registered surveyor to verify the correct position of each structure in relation to the property boundaries prior to the commencement of works.

Evidence that the building(s) were set-out and have been located in accordance with the approved plans shall be submitted to the Principal Certifier or Council upon request.

(9) Any contractor undertaking works in a Council road reserve shall be recognised by Council as an “Approved Contractor” for such works.

The contractor shall also submit the following details to Council not less than three days prior to works commencing:

(a) A current public liability certificate with a minimum cover of $20 million;

(b) Current Plant / vehicle insurances;

(10) Each Plumber and Drainer that works on the development must notify the Yass Valley Council of their intention to carry out works as outlined in the Plumbing and Drainage Act 2011. Such notification is to come in the form of the standard Notice of Work (NoW) form prepared by the Office of Fair Trading.

Note: The minimum amount of notice under this Act is two business days.

(11) A Soil and Water Management Plan shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Design and Construction Specification – AUS-SPEC #1.

The plan shall include construction techniques to minimise site disturbance and the potential for soil erosion by wind or water, erosion control on any watercourse on the property, revegetation of disturbed areas and any other matters that are deemed necessary by Council.

An indicative plan may be prepared to complement the design plans, however, the final plan for approval shall be prepared in consultation with the construction contractor.

(12) An inspection and test plan for all civil engineering works shall be submitted to Council’s Engineering Department for approval in accordance with Council’s Construction Specification – AUS-SPEC #1, Annexure CQS-14.

PART D - EARTHWORKS, INTERNAL DRIVEWAYS & IMPORTATION OF ASSOCIATED MATERIAL

PART E – INSPECTIONS

(1) Critical stage inspections as required by Clause 162A of the Environmental Planning and Assessment Regulation 2000 must be carried out by the Principal Certifier.

Where Council is nominated as the Principal Certifier, inspections will be required at the following stages of construction:

Inspection	Hold Point
(a) After excavation of footings	Prior to pouring concrete, after placement of erosion and sediment control measures, on-site toilet and signage.
(b) Floor slab	Prior to pouring concrete.
(c) Frame/Pre-sheet	Prior to placing internal sheeting, after all internal services including water plumbing and electrical are installed and external cladding has been fixed.
(d) Waterproofing of wet areas	Prior to the placement of tiling and/or covering.
(e) Stormwater	Prior to backfilling or covering pipes and connections to services.
(f) Final	All works relating to the proposed development are complete and all conditions of development consent are complied with.

(2) As the local plumbing and drainage regulator Yass Valley Council must undertake inspections at the following stages of construction:

Inspection	Hold Point
(a) All internal sanitary drainage.	Prior to backfill;
(b) All external sanitary drainage	Prior to backfill;
(c) Connection to Councils stormwater system (street or inter-allotment)	Prior to backfill;
(f) At the completion of all plumbing and drainage works.	Prior to the occupation of the dwelling.

(3) A compliance certificate must be obtained from Council’s Infrastructure & Assets Division at the following stages of construction:

Roads

(a) Completion of property accesses - This inspection is for access dimensions and to ensure there are no ‘trip-fall’ hazards.

Sewer

(a) Completion of sewer main and lot sewer ties – prior to backfilling

(b) Installation of sewer drainage connections to Council’s main – prior to backfilling

Other

(4) Upon inspection of each stage of construction, the Principal Certifier (or other suitably qualified person on behalf of the Principal Certifier subject to the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000) is also required to ensure that adequate provisions are made for the following measures (as applicable), to ensure compliance with the terms of Council’s approval:

(a) Sediment control measures.

(b) Provision of perimeter fences or hoardings for public safety and restricted access to building sites.

(5) Roof truss and wall bracing details are to be supplied to the Principal Certifier prior to frame inspection.

PART F – CONSTRUCTION

(1) Works must be carried out in accordance with the plans and specifications to which the consent relates.

(2) All building work shall be carried out in accordance with the provisions of the National Construction Code/Building Code of Australia (as amended) and all relevant Australian Standards;

(4) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.

(5) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.

Note: Copies of receipts relating to the disposal of waste at a licensed waste management facility (or facilities) must be submitted to the Yass Valley Council upon request.

(7) During construction:

(a) all vehicles entering or leaving the site must have their loads covered, and

(b) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.

(8) At the completion of the works, the work site must be left clear of waste and debris.

PART G – DECOMMISSIONING OF AN ONSITE SEWAGE MANAGEMENT FACILITY

(1) The contents of the existing onsite sewage management tank shall be pumped out by an appropriately licensed contractor and disposed of at an approved facility.

Note: A copy of the disposal receipt shall be submitted to Council;

(2) The sides, lid, baffle (if fitted), square junctions and any internal components of the existing onsite sewage management tank shall be hosed down as the waste is being removed;

(3) The existing onsite sewage management tank is to be disinfected by spreading hydrated lime over the exposed surfaces;

Note: A photo is to be taken and submitted to Council showing the hydrated lime spread over the exposed surfaces of the onsite sewage management tank.

(4) If the existing onsite sewage management tank is to be left on site the following shall be implemented:

a) Several holes shall be punched into the base of the onsite sewage management tank. The lid and those parts of the walls, baffle and square junctions above the ground should be demolished and collapsed into the onsite sewage management tank and filled with clean fill and finished with a layer of topsoil;

Note: A photo is to be taken and submitted to Council showing the sections detailed above collapsed into the onsite sewage management tank.

(5) If the existing onsite sewage management tank is to be removed from the site the following shall be implemented:

a) All internal components are to be removed following pump out and all saturated soil is to be allowed to dry;

b) The excavated onsite sewage management tank is to be disposed of at an approved facility.

Note: A copy of the disposal receipt shall be submitted to Council;

c) All excavations/voids shall be backfilled with clean soil and finished with a layer of topsoil to natural ground level;

(6) The absorption trench shall be decommissioned and sealed to prevent any further filtration of water;

PART H – PLUMBING AND DRAINAGE

(1) All Plumbing and Drainage work shall comply with the provisions of the Plumbing Code of Australia.

(2) Plumbing and Drainage shall comply with the provisions of the Plumbing and Drainage Act 2011 and Plumbing and Drainage Regulation 2012.

Note: The Plumbing and Drainage Act 2011 requires each Plumber and Drainer that works on the development to submit the following information to the Yass Valley Council:

· Notice of Work (NoW);

· Sewer Service Diagram (SSD);

· Certificate of Compliance (CoC).

(3) Sewer boundary riser is to be located and exposed at all times. If there is no existing sewer boundary riser, then a sewer boundary riser shall be installed by licenced Plumber in accordance with AS 3500.

(4) A rainwater tank with a minimum capacity of 22,500 litres shall be installed and connected to the entire roof catchment area and plumbed to all toilets, washing machines and showers.

(5) An Automatic main water diverter system shall be installed in accordance to AS/NZS 3500 Part 1 and shall be connected to the mains water to supply for all toilets, washing machines and showers during dry periods when the rain water tank is empty.

PART I – STORMWATER DRAINAGE

(1) If the work is the erection of, or an alteration or addition to, a dwelling house, the roof stormwater drainage system must be installed and connected to the drainage system before the roof is installed.

(2) Stormwater drainage work shall comply with AS/NZS 3500.3, 2003 - Stormwater drainage;

(3) Stormwater collected from the development shall not cause nuisance to adjoining landowners;

(4) Where up-stream surface water flows through the allotment the development shall not redirect or divert this water in such a manner that would intensify flows onto adjoining properties.

(5) Adequate provision shall be made for the disposal of roof water collected from the development. In this regard roof water shall be piped and discharged to one of the following as applicable:

(a) The street stormwater drainage system;

(b) Inter-allotment stormwater drainage system;

(c) A rubble pit designed by a suitably qualified person to cater for a 1 in 5 year rainfall event. The pit design shall make suitable provision for overflow.

PART J - PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE

(1) Prior to the issue of any Occupation Certificate, An application for an occupation certificate must be lodged with the Principal Certifier.

(2) Prior to the issue of any occupation certificate, all applicable Clauses under Section 6.10 of the Environmental Planning and Assessment Act 1979 shall be complied with.

(3) An occupation certificate authorising a person:

(a) to commence occupation or use of a partially completed new building, or

(b) to commence a new use of a part of an existing building,

must not be issued unless the building will not constitute a hazard to the health or safety of the occupants of the building.

(4) Prior to the issue of any occupation certificate, all commitments of the relevant BASIX Certificate have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

Note: All critical stage inspections must be carried out in accordance with Section 109E(3)(d) of the Environmental Planning and Assessment Act 1979 prior to the issue of any Occupation Certificate.

(5) Prior to the issue of any occupation certificate, the applicant is to submit written certification to the Principal Certifier certifying that the development has been constructed in accordance with the commitments of the relevant BASIX Certificate. Such certification shall make reference to the:

· Address of the site;

· Development Consent Number;

· BASIX Certificate Number.

(6) Prior to the issue of any occupation certificate, certificates of compliance/installation for contractor’s works as applicable to the development shall be submitted to the Principal Certifier.

Where Council is nominated as the Principal Certifier, the certificates listed below will be required as applicable to the development:

· Air-conditioning

· Electrical

· Frame (Timber or Metal)

· Gas fitting

· Glazing (windows, glazed doors and shower screens)

· Installation Certificate for the swimming pool, pump and filtration system

· Installation or maintenance of refrigeration systems

· Insulation

· Photovoltaic electricity generating system

· Plumbing/drainage

· Smoke Alarms

· Solid Fuel Heater

· Stormwater

· Structural Adequacy

· Termite Protection Systems

· Waterproofing

It is important to note that this list may not cover all developments and Council may request additional certificates prior to the issue of an occupation certificate.

(7) The property vehicular accesses from the road to the property boundary shall be constructed in accordance with Council’s Roads Standards Policy RD-POL-09;

Note: Access for Lot 1 (existing dwelling) must be located off South Street and not the laneway.

(9) A water service main (service connection) shall be installed from Council’s main to a point inside the front boundary of each lot created within the subdivision.

If the Council main is existing and currently in use (i.e. a “live” main’) Council must undertake the works at full cost to the developer. An application can be made by contacting Council’s Engineering Department on (02) 6226 1477.

(10) Each lot within the subdivision is required to have its own connection to a Council approved sewerage system.

(11) The sewer boundary riser shall be located above the finished ground level and have a concrete collar installed.

(12) A bank guarantee or cash bond, equivalent to 5% of the value of the whole of the engineering works, shall be lodged with Council as a performance bond.

This bond shall be held for a period of twelve months from the date of release of the Subdivision Certificate from Council or the practical completion of the engineering works, whichever is later.

(13) One complete set of “Work as Executed” (WAE) drawings, indicating all details of new engineering works constructed, shall be submitted to Council.

The WAE Drawings shall be supplied to Council in the following format:

· AutoCAD LT 2011 on MGA 94 Zone 55 coordinates

· PDF and

· A1 Hard Copy.

The WAE Drawings shall include the following details:

(a) Water - Location, depth, size, material, easement

(b) Sewer - Sewer pump station details, location, depth, size, material, easement, invert level, grades, pit details and tie details

(14) Constructed Asset Information shall be supplied for all assets dedicated to Council. The required information shall include:

(a) Sewerage Infrastructure

· Pit type, number and cost

· Pipe type, length and cost

(b) Water Supply Infrastructure

· Pipe type, length and cost

· Valve type, number and cost

· Hydrant type, number and cost.

(15) Prior to the issue of any occupation certificate, the developer shall restore, replace or reconstruct any damage caused to road pavements, surfaces, street furniture, roadside drainage, street lighting or underground facilities as a result of the construction of the development.

PART K - PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE

(1) Evidence must be submitted to Council that a Final Occupation Certificate for the dwelling house approved by this Development Consent has been issued.

(2) In accordance with the Provision of Electricity Supply and Telecommunications Service for Subdivisions Policy DA-POL-17, evidence must be submitted to Council demonstrating that a satisfactory standard of electricity supply is available to each lot within the subdivision.

(3) In accordance with the Provision of Electricity Supply and Telecommunications Service for Subdivisions Policy DA-POL-17, evidence must be submitted to Council demonstrating that a satisfactory standard of telecommunications service is available to each lot within the subdivision.

(4) The applicant must confirm by survey that the formation and associated batters and drainage structures of Rose Street and South Street along the frontage of the subject property, are within the road reserve.

Where the existing road is within the subject land, the applicant must ensure that the legal and physical attributes coincide by adjustment of the road reserve. The Applicant’s request for a Subdivision Certificate must include specific reference to the review and whether or not adjustment of the road reserve is necessary.

(5) Easements must be created on the final plan of subdivision centred on any existing or new power lines/cables, stormwater drainage lines, water mains, or sewer mains passing through private property and shall be in accordance with the service providers requirements; passing through private property and must be in accordance with the service provider’s requirements.

Note: Easements over Council services shall generally be 3.0m wide however consideration will be given to a narrower easement in circumstances where it can be justified and is approved by Council’s Infrastructure & Assets Department.

(6) A Subdivision Certificate Application (Form 206) must be submitted to Council.

The application is to be accompanied by the following:

(a) A plan of subdivision (linen plan) acceptable for registration by the NSW Land and Property Information Office.

(b) An Administration Sheet which incorporates a subdivision certificate acceptable for registration by the NSW Land and Property Information Office.

(c) Where easements, rights of carriageway or restrictions on the use of land are proposed or required to be created under Section 88 of the Conveyancing Act 1919, a copy of the relevant instrument.

(d) The relevant documents required by the NSW Land and Property Information Office for the registration of a Community scheme or a Strata scheme, if applicable.

(e) The applicant must create, where applicable, 20 metre wide easements over the final plan of subdivision in favour of Essential Energy, centred on all existing power lines which cross the subdivision.

(f) A copy of relevant development consent or complying development certificate.

(g) A copy of any relevant construction certificate.

(h) A copy of any relevant compliance certificates, letters from authorities and receipts for payment of any fees/contributions.

(i) A copy of detailed subdivision engineering plans, where relevant.

(j) Evidence that the applicant has complied with all conditions of consent that it is required to comply with before a subdivision certificate can be issued.

(k) For subdivision involving subdivision work, evidence that the work has been completed, or:

· Agreement has been reached with the relevant consent authority as to payment of the cost of work and as to the time for carrying out the work, or

· Agreement has been reached with the relevant consent authority as to security to be given to the consent authority with respect to the completion of the work.

(l) The relevant fee payment at the date of application for the subdivision certificate.

(7) The subdivision certificate will not be issued until all conditions of this consent have been complied with in accordance with the provisions of the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2000.

NOTES ACCOMPANYING DEVELOPMENT CONSENT DA200184

Please read these notes carefully to ensure you are fully conversant with the conditions under which this consent is granted.

(1) This consent has been granted under Clause 2.3 and Clause 4.6 of the Yass Valley Local Environmental Plan 2013;

(2) All fees and charges associated with this consent shall be adjusted annually from the date of this consent in accordance with seasonal movements in the CPI for the Canberra region;

(5) The applicant shall ensure all sub-contractors are licensed by the NSW Department of Fair Trading;

All persons undertaking work in connection with this consent should ensure that all required risk control measures and procedures are complied with.

Your development is in the Murrumbateman area for the purpose of booking these inspections.

Criteria	Comments
Selection Criteria
Consistency with the principles of this policy i.e. · Transparency and accountability · Community involvement · Assessment criteria · Local opportunities · Arts tourism · Specific funding	· For consideration by the Public Arts Focus Group members · Public Arts Focus Group includes community representation · Refer below · Proposal from a local artist · Unclear · No funding within 2020/21 Operational Plan for public art acquisition. Proposal is at no cost to Council. Simply seeking support for an art space
High standards in terms of artistic quality, originality and integrity	Council’s Public Art Policy recognises that public art can enhance public places, express civic pride, activate public spaces, express local identity, celebrate local creativity, tell local stories and create discussion. Public art is rarely universally appreciated by all and graffiti art has its supporters and detractors. The members of the Public Art Focus Group and Youth Council consider the project to have merit.
Technical feasibility and ability to successfully realise the proposal.	Technically feasible. No cost to Council – simply providing an art space
Contribution of the artwork to visual enhancement and understanding of its place and the community context.	Riverbank Park underpass (refer attachment). Adds visual amenity to a somewhat unsightly area.
Appropriateness of the artwork to the context of the proposed site.	Satisfactory
Impact on the day-to-day use of the public domain, including safety, accessibility and structural stability.	Improves the visual appearance of the space
Durability of the artwork and its ability to withstand vandalism, weathering and ease of maintenance.	Satisfactory. Paint on concrete structure
Life cycle costs including maintenance and decommissioning costs.	‘Free wall’ can be painted over by other artists so constantly changing

September 2020
Target Gross Median Assessment Time	58 days
September Gross Median Assessment Time	7 days
No. of DAs Determined	10

Site	PV Array Capacity	PV Invertor Capacity	Capital Cost	Nominal Annual Savings	Simple Payback
Works Depot	39 kWp (DC)	25 kW (AC)	$40,092	$13,537	2.96 years

Total estimated capital cost (Infrastructure)	$113,161
Consultancy for Project Management (technical)	$25,000
Contingencies	$11,839
Estimated Total cost (over 2 years)	$150,000

Yearly spend on electricity	$194,000
Estimated Nominal yearly Saving (includes payback period)	$28,281
Estimated Percentage of saving	14.65%

SUMMARY

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

Strategic Direction

SUMMARY

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

Strategic Direction

SUMMARY

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

Strategic Direction

SUMMARY

RECOMMENDATION

Financial IMPLICATIONS

POlicy & Legislation

REPORT

Strategic Direction

Date Received	-	22 September 2020
Land	-	Lot 1 DP 758736, 2 Rose Street, Murrumbateman
Area	-	2,0008m²
Zoning	-	RU5 Village

Organisation	Address
Bridge and Marine Engineering Pty Ltd	18 Sawmill CCT, Hume ACT 2620
Bridgeworks Australia Pty Ltd	703 Bourke Street, Surry Hills, NSW 2010
Complete Civil Pty Ltd	26 Dog Trap Road, Yass NSW 2582
Devcon Civil Pty Ltd	142 Sunnyholt Road, Blacktown NSW 2148
East Coast Civil Constructions Pty Ltd	38 Francis Hollis Drive, Tathra, NSW 2550
Gradian Projects Pty Ltd	213 High Street, Shepparton, VIC 3630
Kenpass Pty Ltd	77 Williams Road, Kiama, NSW 2533
Saunders Civilbuild Pty Ltd	74 Kalaroo Road, Redhead, NSW 2290
Bedrule Pty Ltd T/A Tobco	2 Lincoln Street, Lane Cove West, NSW/Mort Lane Yass, NSW 2582

Organisation	Address
Dale Hitchcock Civil Engineering	21 Tralee Street, Hume ACT
Denrith Pty Ltd	282 Carrick Road, Goulburn
Hewatt Civil Pty Ltd	881 Nanima Road, Springrange NSW, 2618
Stefanutti Construction Pty Ltd	Prince of Wales Avenue, Unanderra NSW 2526
Bedrule Pty Ltd T/A Tobco	2 Lincoln Street, Lane Cove West, NSW

	Rates and Charges Levied (includes interest)	Paid 1 July to 30 September	Balance Outstanding	% Paid 1 July to 30 September
Arrears to 30/6/2020	$1,129,323.95	$273,812.39	$855,511.56	24.25%
Current Years Rates, Charges and Interest billed since 1/7/20	$18,352,069.45	$5,637,103.26	$12,714,966.19	30.72%
TOTALS	$19,481,393.40	$5,910,915.65	$13,570,477.75	30.34%

Year	No of Assessments	Amount	Details
2004/05	1	$201.52	Proposed Private Cemetery in Middle of Crown Land – Never Developed – No Burials (1)
2005/06	1	$309.09	As Above
2006/07	1	$342.02	As Above
2007/08	1	$437.26	As Above
2008/09	5	$2,373.52	As Above / Private Cemetery (2) / Pt Bendenine Rd (1) / Pt Riverbank Park (1) / Vacant Block Kangiara Village (1)
2009/10	5	$3,497.44	As Above
2010/11	5	$3,408.90	As Above
2011/12	5	$3,923.27	As Above
2012/13	5	$4,277.60	As Above
2013/14	6	$4,628.24	As Above / 1 Property Subject of Ongoing Debt Recovery Action
2014/15	8	$10,843.65	As Above / 2 Additional Properties Subject of Ongoing Debt Recovery action – Owner Declared Bankrupt
2015/16	10	$11,746.31	As Above / 2 Additional Properties Subject to Ongoing Debt Recovery Action
2016/17	14	$18,304.03	As Above /4 Additional Properties Subject of Ongoing Debt Recovery Action
2017/18	37	$51,438.93	As Above / All Additional Properties With Either Payment Arrangements or Subject of Ongoing Debt Recovery Action
2018/19	101	$129,218.05
2019/20	641	$610,561.73
	TOTAL	$855,511.56

	Rates and Charges Levied (includes interest)	Paid 1 July to 30 September	Balance Outstanding	% Paid 1 July to 30 September
1/7/17 – 30/9/17	$15,287,346.07	$5,211,915.04	$10,075,431.03	34.09%
1/7/18 – 30/9/18	$16,519,537.55	$5,300,458.09	$11,219,079.46	32.09%
1/7/19 – 30/9/19	$17,712,656.44	$5,459,704.82	$12,252,951.62	30.82%
1/7/20 – 30/9/20	$18,352,069.45	$5,637,103.26	$12,714,966.19	30.72%