Complying Development

13 - Complying Development

Complying Development

Conditions to be attached to Complying Certificates.

In accordance with Section 85A(6)(a) of the Environmental Planning and Assessment Act 1979, the following conditions are to be attached to all Complying Development Certificates.

Compliance with the Building Code of Australia (BCA)
  1. All building work must be carried out in accordance with the provisions of the Building Code of Australia.
  2. Before you begin work. Two days before any site works, or building begins and five days before any demolition begins, the applicant must:
    1. Notify Council of commencement of work and appointment of Principal Certifying Authority (Form 7 of the EPA&A Regulation)
    2. Notify the adjoining landowners that work will commence
  3. Building work that involves residential building work must not be carried out unless the Principal Certifying Authority for the development to which the work relates:
    1. in the case of work to be done by a licencee under the Home Building Act 1989:
      • has been informed in writing of the licensee's name and contractor licence number, and
      • is satisfied that the licensee has complied with the requirements of Part 6 of the Home Building Act 1989, or
    2. in the case of work to be done by any other person:
      • has been informed in writing of the person's name and owner builder permit number, or
      • has been given a declaration, signed by the owner of the land that states that the reasonable market cost of the labour and materials involved in the work is less than the amount prescribed for the purposes of the definition of owner-builder work in Section 29 of the Home Building Act 1989
  4. A sign is to be erected in a prominent position on any work site which work involved in the erection or demolition of a building is being carried out:
    1. stating that unauthorised entry to the work site is prohibited, and
    2. indicating the name of the person in charge of the work site and a telephone number at which the person may be contacted both during and outside working hours.
    The sign is to be removed when the work has been completed.
  5. The arrangements and costs associated with any adjustment to a public utility service shall be borne by the applicant/developer. Any adjustment, deletion and/or creation of public utility easements associated with the approved works are the responsibility of the applicant/developer. The submission of documentary evidence to the Principal Certifying Authority which confirms that satisfactory arrangements have been put in place regarding any adjustment to such services is required, prior to the release of the Complying Development Certificate.
  6. The applicant shall bear the cost of all restoration works to Council's property damaged during the course of this development. The applicant shall advise Council, in writing, of any existing damage to Council property before commencement of the development. A dilapidation survey of Council's assets, including photographs and written record, must be prepared by a suitably qualified person and submitted to Council prior to the issuing of any Complying Development Certificate.
  7. The approved plans must be submitted to a Sydney Water Quick Check agent or Customer Centre to determine whether the development will affect Sydney Water's sewer and water mains, storm water drains and/or easements, and if further requirements need to be met. Plans will be appropriately stamped. For Quick Check agent details please refer to the web site www.sydneywater.com.au see Your Business then Building and Developing then Building and Renovating or telephone 13 20 92. The Principal Certifying Authority must ensure the plans are stamped by Sydney Water prior to works commencing on site.

Site Management

  1. Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.
    Each toilet provided:
    1. must be a standard flushing toilet, and
    2. must be connected:
      • to a public sewer, or
      • if connection to a public sewer is not practicable, to an accredited sewerage management facility approved by the Council, or
      • if connection to a public sewer or an accredited sewerage management facility is not practicable, to some other sewerage management facility approved by the Council
  2. If an excavation associated with the erection or demolition of a building extends below the level of the base of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made:
    1. must preserve and protect the building from damage, and
    2. if necessary, must underpin and support the building in an approved manner, and
    3. must, at least 7 days before excavating below the level of the base of the footings of a building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.
  3. If the work involved in the erection or demolition of a building:
    1. is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or
    2. involves the closure of a public place, a hoarding or fence must be erected between the work site and the public place.
  4. If necessary, an awning is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place.
  5. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.
  6. Any hoarding, fence or awning required by condition numbers 3 or 4 is to be removed when the work has been completed.
  7. All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards.
  8. All excavations associated with the erection or demolition of a building must be properly guarded and protected to prevent them from being dangerous to life or property.
  9. If the soil conditions require it:
    1. retaining walls associated with the erection or demolition of a building or other approved methods of preventing movement of the soil must be provided, and
    2. adequate provision must be made for drainage.
    or
    adequate runoff and erosion controls shall be installed to prevent soil erosion, water pollution or the discharge of loose sediment on surrounding land, as follows:
    1. divert uncontaminated run off around cleared or disturbed areas
    2. erect a silt fence to prevent debris escaping into drainage systems or waterways
    3. prevent tracking of sediment by vehicles onto roads
    4. stockpile topsoil, excavated material, construction and landscaping supplies and debris within the site.
  10. A building in respect of which there is a change of building use must comply with the Category 1 Fire Safety Provisions applicable to the proposed new use.
  11. A waste containment facility of adequate capacity is to be provided on the building site immediately after the first concrete pour for the building and is to be regularly serviced.
  12. Site access and stormwater drainage is to be provided in accordance with the requirements of Parramatta Development Control Plan 2005.
  13. The Principal Certifying Authority is to make an inspection of the site prior to the carrying out of any complying development in order to document the condition of the kerb and gutter and concrete footpaths.
    Where damage is existing, it shall be reported to Council. Any damage which occurs after construction commences is to be repaired in accordance with Council's requirements prior to the issue of an Occupation Certificate.
  14. Kerb and gutter bond.
  15. Inspections during construction.
    The applicant must notify either the Council or an accredited certifier in advance - 48 hours in writing or 24 hours by phone, to inspect the following:
    1. Erosion controls, site works and site set out, before building starts
    2. Placement of piers or foundation before placing footings
    3. Steel reinforcing before pouring concrete
    4. Framework of structure before lining or cladding is fixed
    5. Stormwater drainage and on site detention before backfilling
    6. Wet areas treated before lining or tiling
    or
    The applicant must notify either the Council or an accredited certifier in advance - 48 hours in writing or 24 hours by phone, to inspect the following:
    1. Erosion controls, site works and site set out, before building starts
    2. Foundation before the installation of pool
    3. Steel reinforcing and coping before the pouring of concrete
    4. Pool fencing, prior to the pool being filled with water
    5. On completion of the pool
  16. Hours of work.
    Any building work must be carried out between 7.00am and 6.00pm Monday to Friday and 8.00am to 5.00pm Saturday, excluding Sundays and public holidays. Any demolition work must be carried out between 7:00am and 6:00 pm Monday to Friday excluding weekends and public holidays.
  17. Payment of fees.
    The evidence of the relevant payments shall be included in the submission of the Complying Development Certificate to Council:
    1. kerb and guttering deposits and inspections
    2. road opening fees.
  18. Subdivision.
    The applicant must lodge a subdivision certificate application together with a final survey plan of the subdivision and six copies for endorsement by the Principal Certifying Authority within five years of the date of this consent, otherwise the approval will lapse.
  19. Demolition.
    Any demolition or disposal of materials containing asbestos must be carried out in accordance with the WorkCover Authority's "Guidelines for Practices involving Asbestos in Buildings".
    1. Prior to the commencement of demolition work, a licensed demolisher is to prepare a Work Method Statement and provide Council a copy. A copy of the Statement is also be submitted to the WorkCover Authority.
      The statement is to comply with: AS2601-1991 Demolition of Structures," the requirements of WorkCover Authority and conditions of the Development Approval, and include provisions for:
      1. Enclosing and making the site safe, any temporary protective structures must comply with the "Guidelines for Temporary Protective Structures (April 2001)";
      2. Induction training for on-site personnel;
      3. Inspection and removal of asbestos, and contamination and other hazardous materials;
      4. Dust control - Dust emission must be minimised for the full height of the building. A minimum requirement is that perimeter scaffolding, combined with chain wire and shade cloth must be used, together with continuous water spray during the demolition process. Compressed air must not be used to blow dust from the building site;
      5. Disconnection of Gas and Electrical Supply;
      6. Fire Fighting - Fire fighting services on site are to be maintained at all times during demolition work. Access to fire services in the street must not be obstructed;
      7. Access and Egress - No demolition activity shall cause damage to or adversely affect the safe access and egress of this building;
      8. Waterproofing of any exposed surfaces of adjoining buildings;
      9. Control of water pollution and leachate and cleaning of vehicles tyres - Proposals shall be in accordance with the "Protection of the Environmental Operations Act 1997";
      10. Working hours, in accordance with this Development Consent;
      11. Confinement of demolished materials in transit;
      12. Proposed truck routes, in accordance with this Development Consent;
      13. Location and method of waste disposal and recycling in accordance with the "Waste Minimisation and Management Act 1995".
      The demolition by induced collapse, the use of explosives or on-site burning is not permitted.
    2. Five (5) working days prior to any demolition work commencing, written notice is to be given to Parramatta City Council and all adjoining occupants. The written notice is to include the date when demolition will commence and details of the principal contractors name, address, business hours contact telephone number, Council's after hours contact number and the appropriate NSW WorkCover Authority licence.
    3. Prior to demolition commencing, Council's building surveyor is to inspect the site. Should the building to be demolished be known or suspected by reason of the buildings age or otherwise to be found to be wholly or partly clad with bonded or friable asbestos material, approval to commence demolition will not be given until Council is satisfied that appropriate measures are in place for the handling, storage, transport and disposal of the bonded or friable asbestos material. Prior to commencement of demolition an inspection fee is to be paid in accordance with Council's current fee schedule.
    4. Demolition works involving the removal, repair, disturbance and disposal of a total surface area (not floor area) of 200m2 or more of bonded asbestos material are to be undertaken by contractors who hold the appropriate NSW WorkCover Authority licence(s) and approvals.
    5. On demolition sites where buildings are known to contain bonded or friable asbestos material, a standard sign containing the words 'DANGER ASBESTOS REMOVAL IN PROGRESS' measuring not less than 400mm x 300mm is to be erected in a prominent position on site visible from the street kerb. The sign is to be erected prior to demolition work commencing and is to remain in place until such time as all asbestos material has been removed from the site. Advice on the availability of these signs can be obtained by contacting the NSW WorkCover Authority hotline or the website www.workcover.nsw.gov.au.
    6. The site is to be enclosed with a suitable security fence to prohibit unauthorised access, to be approved by Council.
    7. A sign is to be erected in a prominent position on any work site on which work involved in the erection or demolition of a building is being carried out:-
      1. Stating that unauthorised entry to the work site is prohibited;
        1. Showing the name of the principal contractor (or person in charge of the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and
        2. Showing the name, address and telephone number of the Principal Certifying Authority for the work.
      2. Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.
      3. This condition does not apply to building works being carried out inside an existing building.
  20. No materials, machinery, signs or vehicles used in or resulting from the construction or demolition relating to the development shall be stored or placed on Council's footpath, nature strip or roadway.
Notations

The following information is provided for the advice of the applicant.

  • Council's Tree Preservation Order specifies that no trees may be removed or lopped without first obtaining the consent of Council.
  • Any demolition or disposal of materials containing asbestos must be carried out in accordance with the WorkCover Authority's Guidelines for Practices involving Asbestos in Buildings.