NSW Land & Environment Court

Context

MARK ANSON v LISMORE CITY COUNCIL No. 10239 of 1994

IN THE LAND AND No 10239 of 1994

ENVIRONMENT COURT OF Coram: Bignold J.

NEW SOUTH WALES 16 December 1994

MARK ANSON 



Applicant





v. 

LISMORE CITY COUNCIL



Respondent 



JUDGMENT 

Bignold J.:



ANNEXURE "C"

CONDITIONS OF DEVELOPMENT CONSENT 

1. All buildings be constructed, works carried out, or use of
buildings or land, subject to any amendment or modification called
for in the following conditions or any subsequent building permit,
be in accordance with the details contained in the plan(s) and
supporting documents submitted with the application, a copy of which
are attached to this consent.

2. Payment of levies under Section 94 of the Environmental Planning
and Assessment Act and Section 64 of the Local Government Act 1993
as a contribution towards the provision of public services or
amenity identified in the attached schedule be paid at the rate(s)
current at the date building approval is granted. The rates and
amounts applying at the date of this notice, totalling $29,889, are
set out in the schedule for your information. Where the total
contribution payable exceeds $1,000 payment to Council must be by
bank cheque or cash. Personal cheques are not acceptable. All
contributions, bonds etc must be paid prior to release of the
subdivision linen plan in the case of subdivision and prior to
release of building approval for other development.

3. The Applicant or the developer provide the following roadworks
with associated stormwater drainage structures, designed and
constructed in accordance with the Council's adopted road and
drainage standards, at no costs to the Council, and also be
responsible for the full cost of any maintenance of this work,
considered necessary by the Council's Engineering Division, for a
period of twelve months from the date of approval of the work: a
5.0m wide formation with a gravel width of 5.0m comprising a
minimum of 150mm of compacted gravel, from the end of the bitumen
sealed pavement in Standing Street to the vehicular access point to
the property provided that compliance with this condition shall
create a credit or an entitlement to a refund (as the case may
be) to the Applicant for the purposes of Condition 2 of the sum
equivalent to 50 per centum of the cost of that compliance. After
satisfactory completion of all roads and drainage, a works-as-executed
set of plans be submitted to the Council by a suitably qualified
Engineer or Surveyor.

4. Full design plans of proposed works including retaining walls etc
to satisfy conditions(s) be submitted for approval by the Divisional
Manager-Engineering Services prior to commencement of construction of
any water, sewerage, drainage or roadworks.

5. Provision be made for vehicular accesses from the road pavement
to the development by the construction of a pipe crossings, at no
cost to the Council, in accordance with the Council's standards,
details of which are obtainable from the Council's Engineering
Division.

6. Subdivision of the land is prohibited and the land shall remain
in one lot.

7. That the land be jointly owned by the adult occupiers of the
land and used as their principal place of residence.

8. Effluent discharge from all buildings that are to be erected
shall be disposed of in a manner approved by the Divisional Manager
Environmental Health and Building Services prior to commencement of
works. Proposed effluent disposal systems shall be located a minimum
50 metres from any water course (including associated rural
outbuildings).

9. Any use of the land or of a building, other than for forestry,
agriculture, and residential on an approved site, shall be subject
to separate development consent of Council.

10. No building or structure shall be erected or commenced to be
erected unless building consent has been obtained from the Council
(excluding water tanks and garden sheds less than 10mē in area).

11. That Council receive internal road designs and written
certification to satisfy Condition No 13 from a qualified Engineer
experienced in soils mechanics and road design that:

a) the vehicular access provided to all sites is stable and will
not be affected by landslip or subsidence above or below the
access, and that adequate drainage is provided, and

b) that soil erosion stabilisation and sedimentation control measures
as recommended by the Department of Land Conservation and Management
are in place prior to the submission for, and release of building
approval for any buildings to be used for habitable purposes.

12. That all weather 2 wheel drive vehicular access be constructed
and maintained from the Council maintained all weather road access
to the dwelling sites, at no costs to Council.

13. That a person qualified in soil hydraulics and waste water
management prepare a report on each site regarding the adequacy of
the soil and its capability to dispose of all septic effluent water
from each dwelling, should that form of waste water disposal be
proposed. A copy of the relevant site report to be submitted to
Council with each building application prior to approval being given.

14. Excavation of slopes for roadworks and building sites are to be
designed and approved by Council's Engineering Services Division prior
to commencement of works.

15. No tree of any species in areas mapped as "protected lands" be
ringbarked, cut down, lopped, injured or damaged without the prior
consent of the Department of Conservation and Land Management.

16. That no construction of residences or any other structures be
permitted in the vicinity of the existing road reserve until such
time as either -

a) an identification survey of the road reserve has been carried
out by a registered surveyor; or

b) an application to purchase the subject road reserve has been
approved by the Crown Lands Service arm of the Department of
Conservation and Land Management.

17. Any building application will not be released until a
Certificate from a recognised practising Structural Engineer certifying
that the design of the building has taken into account the soil or
other geological foundation conditions 
relating to the site. Dwelling
construction is to be commensurate/compatible with the topography of
the respective sites.

18. That the buildings be clad with a non-reflective material and
be of an earthy colour.

19. There be no objectionable noise at any time emitted from the
development.

20. The land to be so used as not to interfere with the amenity
of the area.

21. Sediment control measures shall be put into place and be
properly maintained to prevent soil erosion and the transport of
sediment off the development site or into natural or made drainage
lines or watercourses during rainfall and runoff. All disturbed areas
shall be stabilised and be revegetated by turfing or an approved
seeding method within 14 days of completion of earthworks in each
part of the development. It is a requirement that the topsoil be
preserved for use with the site revegetation. Details showing
sediment control measures and revegetation works shall be submitted
and be approved prior to any earthworks commencing.

22. Benching (ie cutting, filling or levelling) of the land to
create building platforms does not form part of this approval and
will only be considered in conjunction with a Building Application
to build on the land.

23. No dwelling house earth works or internal access bulk earthworks
are to commence on-site, prior to the release of Council approved
road and retaining wall designs.

24. All dwellings to be erected must comply with Australian Standard
#3959 with regard to construction materials and methods.

25. Water storage facilities be installed with adequate capacity and
located to assist in the fire protection of the development.

26. A suitable fire alarm, capable of being heard from anywhere
within the area enclosed by the perimeter fire break, be installed.

27. A suitable person be appointed as Fire Protection Overseer, to
be responsible for fireprotection, maintenance of equipment and
liaison with the Local Bush Fire Brigade.

28. Fire controls are to be carried out and areas can be either
burnt, ploughed, cleared or slashed on a five (5) year rotation
basis, so as to reduce the internal fire hazard to the satisfaction
of Council's Fire Officer.

29. A perimeter fire break surrounding each cluster of dwellings
measuring 20m wide horizontal, cleared of all flammable forest litter
and undergrowth and be placed on a contour avoiding existing
forests, having a ground fuel load of not more than eight tonnes
per hectare (slashed grass). The fire break to be to the
satisfaction of the Council and will be maintained at all times and
maybe subject to inspections by the Council.

30. A primary protection zone is to be established for a distance
of not less than 20m horizontal from any dwelling or any ancillary
building and shall be kept clear of all combustible materials, other
than grass, at all times and with a ground fuel load not exceeding
three tonnes per hectare (maintained lawns) and not including the
perimeter fire break. Existing trees and shrubs will be allowed in
this area. New trees to be no higher than 3m and no more than
10% canopy cover, but no trees will be allowed within 10m of the
main building (maintained lawns only).

31. The following fire fighting equipment to standards approved by
the Bush Fire Council of NSW be provided and maintained at all
times to the satisfaction of the Council's fire Control Officer:

a) a 8 h p fire fighting pump;

b) six (6) knapsacks;

c) 100m of 20mm fire protection hose; and

d) two "Dial-a-jet" nozzles.

32. A tun around of 15m be provided at the end of each access
road that is to a through road, allowing fire trucks to turn for
fire fighting.

33. Internal Fire Break - The internal road system to be used as
a secondary fire break and is to be cleared to a width of 10m
horizontally and cleared of all rubbish and having a ground fuel
load of not more than eight tonnes per hectare (slashed grass). The
fire break to be to the satisfaction of the Council and will be
maintained at all times and will be subject to a yearly inspection
by the Council.

34. Reticulated Water Supply Scheme - A 38mm ID reticulated fire
fighting/water main to be installed, fitted with approved fittings
and be to Council standards. The main to have a 600mm cover and
covered with metal dust for protection.

35. That the NSW National Parks and Wildlife Service be immediately
advised in the event of the discovery of any aboriginal sites or
relics as a consequence of the development.

36. That survey and documentation verifying the location of the
proposed spring sourceof water supply to the village cluster in
relation to land boundaries be provided prior to commencement of any
development works in that cluster.

37. No further dwelling sites are permitted on the land. The
density of residential accommodation has reached the maximum
permissible in accordance with Clause 9 of the State Environmental
Planning Policy No 15 - Multiple Occupancy of Rural Lands.

38. Water from Rocky Creek is only to be used for Agricultural
purposes with the specific approval and licensing from the relevant
licensing authority (Department of Water Resources). In the event
that spring and roof water supply is inadequate for domestic and
associated use this water supply shall be augmented by connecting to
Council's reticulated water system.

39. Submission of a detailed landscape plant (in duplicate), for
approval in conjunction with the relevant building application,
indicating the location and name of shrub and tree species to be
planted, mature height of trees and the location of grassed and
paved areas.

40. Building site Nos 1, 2, 3 and 4 are to be landscaped with
species that will provide a visual buffer from the village of The
Channon and Channon road when mature. This landscaping to be planted
not later than the release of the building application for that
site.

41. A minimum of 22,500 litres of water shall be provided to each
dwelling site for domestic purposes. Water proposed to be used for
drinking purposes shall meet potable water standards. Full details of
proposed water supply shall be submitted for consideration with the
building application to erect a dwelling on a site. Additionally for
fire fighting purposes water storage of 45,000 litres shall be
provided to each cluster of dwellings.

42. No dwellings are to be erected, sites occupied or Building
Application's approved for the erection of dwellings for any site
until access and services requirements have been completed in
accordance with the conditions provided that it is permissible for
each of the clusters of dwellings to be developed in successive
stages.

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