New South Wales Consolidated Regulations

BLACKTOWN LOCAL ENVIRONMENTAL PLAN 1988 - SCHEDULE 8

SCHEDULE 8 – Complying development conditions

(Clause 9B (2))

General conditions (applicable to all development)

Prior to development work commencing

1

Two days before any site works, building or construction begins, the applicant must:

(a) forward a Notice of Commencement of Work and Appointment of Principal Certifying Authority to the council, and

(b) notify the adjoining owners and occupiers that the site works, building or construction will commence.

2

Before any site works, building or construction begins, the applicant must ensure the following criteria are met:

(a) Toilet facilities are to be provided, at or in the vicinity of the land on which work involved in the development is being carried out, at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site.
Each toilet provided must be:

(i) a standard flushing toilet, and

(ii) connected:

(A) to a public sewer, or

(B) if connection to a public sewer is not practicable, to an accredited sewage management facility provided by the council, or

(C) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council.

(b) A sign is to be erected in a prominent position on any land on which the development is being carried out:

(i) stating that unauthorised entry to the work site is prohibited, and

(ii) indicating the name of the Principal Contractor for any building work and a telephone number at which that person may be contacted outside working hours, and

(iii) indicating the name and telephone number of the Principal Certifying Authority.

This provision does not apply in relation to building work that is carried out inside an existing building that does not affect the external walls of the building.

(c) If the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed, rendered inconvenient or involve the enclosure of a public place, a protective security fence or barrier must be erected between the land and the public place. Such a fence or barrier is to be designed and erected in accordance with the council’s current local approvals policy under the Local Government Act 1993 .

(d) If necessary, an overhead protective structure must be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. Any such protective security fence or barrier or overhead protective structure must be removed within 7 days of the issue of any occupation certificate in relation to the development.

(e) Any site cut and/or fill work associated with the development must be in accordance with appropriate professional standards, with any excavation properly guarded and protected to prevent it from being dangerous to life or property.

(f) If any site cut and/or fill associated with the development extends below the level of the base of the footings of a building or any other structure (that is, within the footings’ zone of influence) on adjoining land (including a public place):

(i) that building or structure must be:

(A) preserved and protected from damage, and

(B) underpinned and supported in accordance with structural design details accompanying the Complying Development Certificate, and

(ii) the owner or owners of that adjoining land must, at least 7 days before any such excavation or supporting works, be given notice of such intention and particulars of the excavation or supporting works.

(g) Soil erosion and sediment control measures must be provided in accordance with the council’s Soil Erosion and Sediment Control Policy .

3

Any fee, bond or deposit required by the council’s current Fees and Services Schedule to provide for the inspection, maintenance or repair of any public asset or infrastructure must be paid to the council prior to the commencement of works. Evidence of such payment must be submitted to the council.

During development work

4

During any site works, building or construction the applicant must ensure that the following criteria are met:

(a) Toilet facilities required by clause 2 (a) are provided and maintained.

(b) The sign required by clause 2 (b) is maintained.

(c) Any protective security fence or barrier required by clause 2 (c) is be maintained.

(d) Any protective security fence or barrier required by clause 2 (c) and which may be hazardous to persons in the public place is effectively illuminated between sunset and sunrise.

(e) Any site cut and/or fill associated with the ongoing development works is executed safely and in accordance with appropriate professional standards, and protected to prevent it from being dangerous to life or property.

(f) If any excavation associated with the ongoing development works extend below the level of the base of the footings of a building or any other structure (that is, within the footings’ zone of influence) on adjoining land (including a public place), that building or structure is properly preserved, protected, underpinned and supported (as necessary).

(g) Soil erosion and sediment control measures (including the connection of any roofwater downpipes to stormwater drainage lines upon fixing of any roof covering) required by clause 2 (g) are maintained.

(h) Building and construction materials, plant, equipment and the like are not to be placed or stored at any time on the council’s footway, roadway or any public place.

5

The hours of work for any noise generating development work are to be limited to between 7am and 6pm, Mondays to Saturdays inclusive, with no such work to be conducted at any time on Sundays or public holidays.

6

Any tree beyond 3 metres of any building or proposed building on the site, not otherwise separately approved by the council to be removed, lopped or topped, must be suitably protected.

7

The sorting, storage and re-use of waste materials is to be in accordance with any waste management plan approved by the council.

Additional conditions for awnings, screened weather-protected enclosures, dwelling-houses, dwelling-house additions, carports, garages and sheds

During development work

8

The applicant must notify the Principal Certifying Authority in advance (in the case of the council being the PCA, at least 48 hours in writing or 24 hours by phone) to enable the mandatory critical stage inspections of building work to occur, as required by the Environmental Planning and Assessment Regulation 2000 .
If the council is the Principal Certifying Authority, the following applicable stages of the building development are to be inspected in order that the nominated work may immediately progress:

9

A survey plan, prepared by a Registered Surveyor, is to be submitted to the Principal Certifying Authority, to indicate compliance with setback requirements, on completion of floor slab formwork before concrete is poured, detailing the location of the structure in relation to the property boundaries.

Prior to occupation

10

A final inspection is to be conducted by the Principal Certifying Authority to ascertain that all conditions of the Complying Development Certificate have been satisfied.

11

Any retaining walls or other effective methods to retain cut and/or filled ground (including those site works which may be exempt development identified in this Plan), together with any associated groundwater drainage system, are to be constructed or provided in accordance with the details attached to the Complying Development Certificate.

Additional conditions for internal alteration to a shop or commercial premises

During development work

12

The applicant must notify the Principal Certifying Authority in advance (in the case of the council being the PCA, at least 48 hours in writing or 24 hours by phone) to enable the mandatory critical stage inspections of building work to occur, as required by the Environmental Planning and Assessment Regulation 2000 .
If the council is the Principal Certifying Authority, the following applicable stages of the building development are to be inspected in order that the nominated work may immediately progress:

Prior to occupation or use

13

A final inspection is to be conducted by the Principal Certifying Authority to ascertain that all conditions of the Complying Development Certificate have been satisfied, and the work completed in accordance with the approved documents attached to the Certificate.

Conditions for swimming pools

During development work

14

The applicant must notify the Principal Certifying Authority in advance (in the case of the council being the PCA, at least 48 hours in writing or 24 hours by phone) to enable the mandatory critical stage inspections of building work to occur, as required by the Environmental Planning and Assessment Regulation 2000 .
If the council is the Principal Certifying Authority, the following applicable stages of the building development are to be inspected in order that the nominated work may immediately progress:

15

Any retaining walls or other effective methods to retain cut and/or filled ground (including those site works which may be exempt development under this Plan), together with any associated groundwater drainage system, are to be constructed or provided in accordance with the details attached to the Complying Development Certificate.

Prior to use

16

A final inspection is to be conducted by the Principal Certifying Authority to ascertain that all conditions of the Complying Development Certificate have been satisfied, and the work completed in accordance with the approved documents attached to the Complying Development Certificate.