MINUTES OF CESSNOCK PLANNING PANEL MEETING HELD IN ANTE ROOM ON
THURSDAY, 12 MAY 2011, COMMENCING AT 4.00PM
PRESENT:
Tim Rogers, Alison McCabe
IN ATTENDANCE:
Group Leader Natural & Built Environment – Gareth Curtis
Group Leader Strategy and Sustainability – Louise Gee
Acting Development Services Manager – Richard Forbes
Strategic Landuse Planning Manager – Bo Moshage
Strategic Landuse Planner – Sarah Dasey
Senior Planning Officer – Rod Sandell
Consultant Planner – Karen Jones
Consultant Planner – Anne Moore
Building Surveyor – Sarah Marks
Corporate Administration Officer
APOLOGY:
MOTION
Moved:
Tim Rogers
Seconded: Alison McCabe
PP1501
RESOLVED that the apology tendered on behalf of Vince Berkhout,
for unavoidable absence, be accepted and leave of absence
granted.
FOR
Tim Rogers
Alison McCabe
Total (2)
AGAINST
Total (0)
CARRIED UNANIMOUSLY
MINUTES:
MOTION
Moved:
Tim Rogers
Seconded: Alison McCabe
PP1502
RESOLVED that the Minutes of the meeting of the Cessnock
Planning Panel held on 14 April 2011, as circulated, be taken as
read and confirmed as a correct record.
FOR
Tim Rogers
Alison McCabe
Total (2)
AGAINST
Total (0)
CARRIED UNANIMOUSLY
This is page 1 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
DISCLOSURES OF INTEREST
DISCLOSURES OF INTEREST NO. PPDI5/2011
SUBJECT:
DISCLOSURES OF INTEREST
Report PPEE20/2011 – Development Application 8/2010/478/1 – Demolition of Two
Existing Shops and construction of Twenty Tourist Related Shops – 2090 Broke Road,
Pokolbin - Ms Alison McCabe declared a Non Pecuniary – Significant Interest for the
reason that she has previously done work for the applicant and has a current fee
proposal with the applicant.
This item will now be dealt with at the Planning Panel meeting of 9 June 2010 as the
committee would not have a quorum to deal with this matter.
MOTIONS OF URGENCY
MOTIONS OF URGENCY NO. MOU11/2011
SUBJECT:
MOTIONS OF URGENCY
NIL
This is page 2 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
ENHANCING OUR NATURAL, DEVELOPED AND CULTURAL
ENVIRONMENT
OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO.
PPEE17/2011
SUBJECT:
DEVELOPMENT APPLICATION 8/2010/4/1 - SINGLE STOREY
DWELLING WITH ATTACHED GARAGE & DETACHED SHED - 27
WOODBURY LANE, ABERMAIN.
MOTION
PP1503
RESOLVED
Moved:
Tim Rogers
Seconded:
Alison McCabe
That the Development Application No. 8/2010/4/1for a single storey dwelling with
attached garage and detached shed on Lot 26 DP 1076956 27 Woodbury Lane
Abermain be determined pursuant to S80 of the Environmental Planning and
Assessment Act 1979 by the granting of consent subject to the conditions at the end
of the report.
STANDARD CONDITIONS
TERMS OF CONSENT
General
1.
The proposed development shall be carried out strictly in accordance with the details
set out on the application form, and the Plans from Kim Gerrish Building Design Pty
Ltd Architectural Plan Sheet 1/1 Rev: A dated 13 April 2010, Rain Water Tank
Overflow Detail Sheet 1/1 Rev B and Allgal Elevations Sheet 1 to 3 dated 16/12/2009
and any other information submitted in support of the application, except as modified
by the conditions of this consent.
Note: Any proposal to modify the terms or conditions of this consent, whilst still
maintaining substantially the same development to that approved, will require the
submission of a formal application under Section 96 of the Environmental Planning
and Assessment Act 1979 for Council’s consideration. If amendments to the design
result in the development not remaining substantially the same as that approved by
this consent, a new development Application will have to be submitted to Council.
Reason
To confirm and clarify the terms of Council's approval.
2.
All building work must be carried out in accordance with the requirements of the
Building Code of Australia (BCA).
Reason
This is a prescribed condition under Section 80A(11) of the Environmental Planning
and Assessment Act, 1979.
This is page 3 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
3.
Residential building work within the meaning of the Home Building Act 1989 must not
be carried out unless the Principal Certifying Authority for the development to which
the work relates:a)
in the case of work for which a principal contractor has been appointed:
(i)
(ii)
b)
has been informed in writing of the name and license number of the
principal contractor, and
where required has submitted an insurance certificate with the name of
the insurer by which the work is insured under Part 6 of that Act,
in the case of work to be done by an owner-builder:
(i)
(ii)
has been informed in writing of the name of the owner-builder, and
if the owner-builder is required to hold an owner-builder permit under
that Act, has submitted a copy of the owner builder permit.
If arrangements for doing the residential building work are changed while the work is
in progress so that the information notified under sub clause 1 of this condition
becomes out of date, further work must not be carried out unless the Principal
Certifying Authority for the development has been given written notice of the updated
information.
Reason
This is a prescribed condition under Section 80A(11) of the Environmental Planning
and Assessment Act, 1979.
4.
The shed shall not be adapted nor used for residential, commercial or industrial
purposes without the prior written consent of Council.
Reason
To notify the applicant that the building has not been approved for residential,
commercial or industrial use.
Building Construction
5.
Development shall be undertaken strictly in accordance with all commitments
specified in the current BASIX Certificate.
Reason
Compliance with the Environmental Planning and Assessment Regulation 2000.
Access, Carparking and Loading Arrangements
6.
All access crossings and driveways shall be maintained in good order for the life of
the development.
Reason
To ensure that a safe adequate all-weather access is available to the development.
Bushfire
7.
The dwelling shall comply with the provisions of Part 3.7.4 of the Building Code of
Australia 2009 (Bushfire Areas) and AS 3959 – 1999 (Construction of buildings in
bushfire prone areas) for Level 1 Construction (Medium Category of Bushfire Attack).
This is page 4 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
The building shall be maintained in accordance with the above specified standards for
the life of the development.
Reason:
To protect both life and property in the event of a bushfire.
DURING CONSTRUCTION
General
8.
The floor level of the proposed buildings shall be certified by a registered surveyor as
being not less than 500mm above the 100 year Average Recurrence Interval (ARI)
flood level of RL 28.13m Australian Height Datum (AHD). The finished floor level is to
be at a minimum of RL 28.63m AHD. The evidence shall be submitted to the P.C.A.
prior to pouring the slab of the proposed development.
Reason
To minimise the extent of property damage and the risk of injury in the event of
flooding of the site.
9.
If the soil conditions require it:a)
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
b)
adequate provision must be made for drainage.
Reason
To ensure that the development, when constructed, will comply with the
Environmental Planning and Assessment Act, 1979.
10.
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)
b)
c)
showing the name, address and telephone number of the Principal
Certifying Authority for the work, and
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
stating that unauthorised entry to the work site is prohibited.
Any such sign is to be maintained while the building work, subdivision work or
demolition work is being carried out, however must be removed when the work has
been completed.
Reason
This is a prescribed condition under Section 80A(11) of the Environmental Planning
and Assessment Act, 1979.
11.
Toilet facilities are to be provided prior to works commencing, 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.
This is page 5 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
Each toilet provided must be a sewage management facility approved by the NSW
Department of Health and/or Council and operate in an environmentally responsible
manner, free of nuisance or offence, and be appropriately serviced.
Reasons
To ensure that suitable and environmentally sustainable toilet facilities are provided
for all persons employed or visiting the site. To ensure that the development, when
constructed, will comply with the Environmental Planning and Assessment Act, 1979.
12.
Construction, demolition and associated work shall be carried out only between the
times stated as follows:Mondays to Fridays
Saturdays
Sundays & Public Holidays
7.00a.m. to 6.00p.m.
8.00a.m. to 1.00p.m.
No construction work to take place.
Reason
To ensure that the environmental quality of adjoining land is not adversely affected,
such as by the generation of excessive noise levels.
13.
A container of at least one (1) cubic metre capacity shall be provided and maintained
from the commencement of operations until the completion of the building for the
reception and storage of waste generated by the construction of the building and
associated waste.
Reason
To ensure that waste generated by the building works is contained and does not
pollute the surrounding environment.
14.
All building materials, plant and equipment is to be placed on the building site.
Building materials, plant and equipment (including water closets), are not to be placed
on footpaths, roadways, public reserves etc.
Reason
To ensure pedestrian and vehicular access is not restricted in public places.
15.
The registered proprietor of the land shall be responsible for all costs incurred in the
necessary relocation of any services affected by the required construction works.
Council and other service authorities should be contacted for specific requirements
prior to commencement of any works.
Reason
To ensure that any required alterations to utility infrastructure are undertaken to
acceptable standards at the developer’s cost.
Drainage and Flooding
16.
Any alterations to existing surface levels on the site shall be undertaken in such a
manner as to ensure that no additional surface water is drained onto or impounded on
adjoining properties.
Reason
To ensure that such alterations to surface levels do not disrupt existing stormwater
flows in the vicinity.
This is page 6 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
Site Works
17.
The control of erosion and the prevention of silt discharge into drainage systems and
waterways will be necessary in accordance with Council’s “Engineering Requirements
for Development”, and Landcom’s Soils and Construction Manual - April 2004.
Erosion control measures are to be implemented prior to the commencement of any
earthworks and shall be maintained until satisfactory completion and restoration of
site earthworks, including revegetation of all exposed areas.
Reason
To ensure protection of the environment by minimising water pollution, erosion and
sedimentation.
18.
Filling shall not be placed in such a manner that natural drainage from adjoining land
will be obstructed.
Reason
To ensure that filling placed on land does not affect natural drainage.
19.
Filling shall not be placed on land in such a manner that surface water will be diverted
to adjoining land.
Reason
To ensure that site works do not result in water being diverted onto adjoining land.
PRIOR TO ISSUE OF THE OCCUPATION CERTIFICATE
General
20.
Occupation or use of premises for the purposes approved by this consent shall not
commence until all conditions of this consent have been complied with and the
Occupation Certificate has been issued.
Reason
To ensure compliance with the provisions of the Environmental Planning and
Assessment Act, 1979, and Council's terms of consent.
21.
The excavated and/or filled areas of the site are to be stabilised and drained to
prevent scouring onto adjacent private or public property. The finished ground
around the perimeter of the building is to be graded to prevent ponding of water and
to ensure the free flow of water away from the building and adjoining properties.
Reason
To reduce the risk of environmental and building damage.
22.
Where Council is the Principal Certifying Authority (PCA) the applicant shall provide
Council with a completed BASIX Pre-Final Self Certification Form (available at
Council offices) to certify that the schedule of BASIX commitments have been
complied with. The BASIX Pre Final-Self Certification Form shall be submitted to
Council for consideration and approval prior to the final inspection.
Reason
Compliance with the Environmental Planning and Assessment Regulation 2000.
This is page 7 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
23.
Water saving devices and fixtures shall be provided to the Dwelling in accordance
with the recommendations contained within the Wastewater Management Plan
prepared by Larry Cook and Associates Pty Ltd dated 14 April 2011.
Reason –
To ensure reduce the flow of water into the dwelling.
Road and Access
24.
The Registered Proprietors shall construct a concrete access crossing from the edge
of the road formation in Woodbury Lane to the property boundary in accordance with
Council’s “Engineering Requirements for Development”. The access is required to be
constructed prior to the issue of the Occupation Certificate.
Construction of the crossing will require inspections to be undertaken by Council and
the applicant shall pay Council an Engineering site supervision fee of $388.00 in
accordance with Council’s current fees and charges, prior to the inspections being
undertaken. This fee will facilitate up to two (2) inspections. However, should further
inspections become necessary as a result of unsatisfactory works, additional
inspection fees will be required ($194.00 per inspection).
No works are to commence in the road reserve prior to the issue of a s138 Roads Act
approval.
The applicant is to advise Council at least 48 hours prior to inspections of works
within the footpath and/or road reserve.
Reason
To ensure the provision of safe, adequately defined and properly constructed means
of vehicular access from the road to the development.
25.
The Registered Proprietors of the land shall construct an all-weather access road
from the property boundary to the proposed development site to a Category "A” in
accordance with Council’s ‘Engineering Requirements for Development’ and AS
2890.1. The works shall be completed prior to the release of an occupation certificate
or the use or occupation of the building.
Reason
To ensure the provision of safe, adequately defined and properly constructed means
of vehicular access from the road to the development.
Drainage and Flooding
26.
Roof water from the dwelling and shed shall be conducted to the water storage tank
in accordance with the BASIX requirements. Any additional roof water and overflow
from the water storage tank shall be conducted to the level spreader as indicated on
the approved plan by means of a sealed pipeline having a minimum diameter of
90mm prior to use or occupation of the development
Reason
To ensure that roof water from the building does not affect the structural integrity of
the building or inundate adjacent land.
27.
All drainage works required to be undertaken in accordance with this consent shall be
completed prior to use or occupation of the development.
This is page 8 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
Reason
To ensure that on site stormwater runoff is properly collected and conveyed to an
appropriate drainage facility.
Bushfire
28. The following bushfire safety measures are to be provided prior to release of the
Occupation Certificate: *
A 10,000L water tank (non combustible or shielded from the threat) shall be
provided with a minimum 3kw (5hp) petrol or diesel powered pump and a 65mm
metal storz outlet with a gate or ball valve.
Reason
To protect life and property in the event of bushfire and to comply with the provisions of
Planning for Bushfire Protection 2006.
FOR
Tim Rogers
Alison McCabe
Total (2)
AGAINST
Total (0)
CARRIED UNANIMOUSLY
This is page 9 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
The following people addressed the meeting of the Panel:
Speakers
Company
Mr Rod
Hay
HDB Town
Planning
For /
Against
For
Report
PPEE18/2011 - Development
Application 8/2008/343/1 Boundary Adjustment, Construction
& Dedication of Public Road &
Construct Six Dual Occupancies 111 Cessnock Road, First Street
and Kline Street, Weston
Page
No.
10
Duration
3 mins
OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO.
PPEE18/2011
SUBJECT:
DEVELOPMENT APPLICATION 8/2008/343/1 - BOUNDARY
ADJUSTMENT, CONSTRUCTION & DEDICATION OF PUBLIC ROAD &
CONSTRUCT SIX DUAL OCCUPANCIES - 111 CESSNOCK ROAD,
FIRST STREET AND KLINE STREET, WESTON
MOTION
PP1504
RESOLVED
Moved:
Alison McCabe
Seconded:
Tim Rogers
That the Development Application No. 8/2008/343/1 for a Boundary Adjustment,
Construction and Dedication of Public road and Construct Six (6) Dual Occupancies
on Lots 1-6, Section 27 Deposited Plan 979187, 111 Cessnock Road, First Street and
Kline Street, Weston be DEFERRED for a maximum period of two (2) months
commencing from 12 May 2011, for the resolution of the following outstanding
matters:1.
Submission of a Detailed Site Investigation Report prepared in accordance with
State Environmental Planning Policy No. 55 – Remediation of Land (SEPP) and
in particular includes a statement that addresses Clause 7 of the SEPP and
concludes whether the site is suitable for the proposed development or will be
made suitable pending remediation.
2.
Submission of a Remediation Acton Plan prepared in accordance with the
requirements of the SEPP.
3.
Submission of a Geotechnical report prepared by a suitably qualified engineer.
The Geotechnical report is to cover the whole of the site and is to confirm the
site suitability of the proposed development. The Geotechnical report is
separate from the Detailed Site Investigation report and as a minimum should
outline the appropriate construction methods to ensure stability of adjoining
lands.
4.
Submission of amended plans addressing the following design issues of Unit 2:
a.
The entrance is to be relocated along Cessnock Road and/or the façade
of Unit 2 is to be redesigned to provide a street address and front façade
appearance to Cessnock Road.
This is page 10 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
b.
The private open space area is to be relocated so that t is not located
within the front setback along Cessnock Road. Consideration is to be
given to relocating the private open space behind the double garage and
reconfiguring the internal layout of Unit 2 so that solar access to the
living areas is maximised and is adjacent to the private open space area.
Should these matters not be resolved within the specified timeframe, the Planning
Panel will determine the Development Application in accordance with the
recommendation, being refusal, in an out of session meeting.
FOR
Tim Rogers
Alison McCabe
Total (2)
AGAINST
Total (0)
CARRIED UNANIMOUSLY
This is page 11 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO.
PPEE19/2011
SUBJECT:
DEVELOPMENT APPLICATION 8/2010/479/1 - PROPOSED
MCDONALDS FAMILY RESTAURANT - 114 HIGH STREET GRETA
MOTION
PP1505
RESOLVED
Moved:
Alison McCabe
Seconded:
Tim Rogers
That the Development Application No. 8/2010/479/1 for a McDonalds Family Restaurant
on Lots 21 & 22 DP 708439 and Lot 1 DP 714645 Nos 112 and 114 High Street Greta be
DEFERRED for the following reasons:1.
The acoustic information submitted with the application is to be peer reviewed
and is to provide for more appropriate solutions to the mitigation of noise
impacts from the proposed development.
2.
The peer review is to recommend an appropriate condition to be imposed by the
consent authority to mitigate the acoustic impacts of the development on the
eastern and western boundaries of the site.
3.
The applicant be advised that the Panel will deal with the matter “out of
session” following the submission of the appropriate acoustic information.
4.
The applicant is advised that a 2.4m high acoustic wall on the car park
boundary is not considered to be an appropriate solution to mitigate noise
impacts from the proposed development.
FOR
Tim Rogers
Alison McCabe
Total (2)
AGAINST
Total (0)
CARRIED UNANIMOUSLY
This is page 12 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO.
PPEE20/2011
SUBJECT:
DEVELOPMENT APPLICATION 8/2010/478/1 - DEMOLITION OF TWO
EXISTING SHOPS AND CONSTRUCTION OF TWENTY TOURIST
RELATED SHOPS - 2090 BROKE ROAD, POKOLBIN
This item is to be DEFERRED and dealt with at the meeting of 9 June 2011 as the
committee does not have a quorum to deal with this matter as Ms Alison McCabe
declared an interest.
This is page 13 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO.
PPEE21/2011
SUBJECT:
DEVELOPMENT APPLICATION 8/2010/747/1 - CONSTRUCTION OF
FIVE (5) RESIDENTIAL UNITS - 23 & 25 CONVENT CLOSE, CESSNOCK
MOTION
PP1506
RESOLVED
Moved:
Tim Rogers
Seconded:
Alison McCabe
That the Development Application No. 8/2010/747/1 for Five (5) x Two (2) Bedroom
Residential Units on Lots 6 and 7, DP 1125816, known as 23 and 25 Convent Close,
Cessnock be DEFERRED for amended plans to address the following:1.
The setback from the accessway to Unit 1 is increased to a minimum of six (6)
metes and is to be appropriately landscaped.
This will require the garage of Unit 1 to be relocated so that it adjoins the living
room of the same unit. In order to achieve a garage that complies with the
dimension requirements of the Australian Standard, the floor area of Unit 1 may
need to be reduced.
2.
These amendments are to be completed without any reduction in landscaped
area.
Subject to satisfactory resolution of the above matters, the Planning Panel will
determine the Development Application in accordance with the
recommendation, being approval, in an out of session meeting.
FOR
Tim Rogers
Alison McCabe
Total (2)
AGAINST
Total (0)
CARRIED UNANIMOUSLY
This is page 14 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO.
PPEE22/2011
SUBJECT:
DEVELOPMENT APPLICATION 8/2010/573/1 - STAGE DEVELOPMENT
- 40 EVANS STREET, GRETA
MOTION
PP1507
RESOLVED
Moved:
Tim Rogers
Seconded:
Alison McCabe
That the Development Application No. 8/2010/573/1 for a Staged Development
Comprising - 1. Alterations and Additions to Existing Hall and Change of Use to
Dwelling House; 2. Residential Subdivision creating One (1) Additional Lot (One into
Two); 3. Dwelling House on Proposed Lot 2 on Lot A DP 390377 40 Evans Street, Greta
to be determined pursuant to S80 of the Environmental Planning and Assessment Act
1979 by the granting of consent subject to the conditions at the end of the report.
STANDARD CONDITIONS
SCHEDULE 1
TERMS OF CONSENT
General
1.
The proposed development shall be carried out strictly in accordance with the details
set out on the application form, and the Plans numbered DA00, DA01, DA02, DA03,
DA04, DA05, DA06, DA07, DA08, DA09, DA10, DA12 rev D dated 4 April 2011 and
prepared by Zugar Strudwick Architects, the Statement of Environmental Effects and
any other information submitted in support of the application, except as modified by
the conditions of this consent.
Note: Any proposal to modify the terms or conditions of this consent, whilst still
maintaining substantially the same development to that approved, will require the
submission of a formal application under Section 96 of the Environmental Planning
and Assessment Act 1979 for Council's consideration. If amendments to the design
result in the development not remaining substantially the same as that approved by
this consent, a new development Application will have to be submitted to Council.
Reason
To confirm and clarify the terms of Council's approval.
2.
This is a two stage development with the conditions under headings for Stage 1 and
Stage 2 applying to each Stage respectively. Stage 1 is to be completed first with
Stage 2 to follow the issue of the Stage 1 Subdivision Certificate.
Reason
To confirm and clarify the terms of Council's approval.
This is page 15 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
STAGE 1 CONDITIONS
3.
The alterations of a building in accordance with this development consent shall not be
commenced until:(a)
detailed plans and specifications of the building verifying compliance with the
Building Code of Australia have been endorsed with a construction
certificate by:(i)
(ii)
(b)
the person having the benefit of the development consent:(i)
(ii)
(c)
the Cessnock City Council; or
an accredited certifier, and
has appointed a principal certifying authority, (being Cessnock City
Council or an accredited certifier) and
has notified Council of the appointment, and
the person having the benefit of the development consent has given at least 2
days notice to the Council of their intention to commence erection of the
building.
Reason
To clarify and advise the applicant that a Construction Certificate must be issued prior
to works commencing as required by the Environmental Planning and Assessment
Act 1979 (as amended).
4.
All building work must be carried out in accordance with the requirements of the
Building Code of Australia (BCA).
Reason
This is a prescribed condition under Section 80A(11) of the Environmental Planning
and Assessment Act, 1979.
5.
Building work that involves residential building work (within the meaning of the Home
Building Act 1989) must not be carried out unless the principal certifying authority for
the development to which the work relates:
(A)
in the case of work to be done by a licensee under that Act:
(i)
(ii)
(B)
has been informed in writing of the licensee's name and the
contract licence number, and
is satisfied that the licensee has complied with the requirements of
Part 6 of that Act, or
in the case of work to be done by any other person:
(i)
(ii)
has been informed in writing of the persons name and the
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 purpose of the definition of owner- builder work in section
29 of that Act, and is given appropriate information and
declarations under paragraphs (a) and (b) whenever
This is page 16 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
arrangements for the doing of work are changed in such a manner
as to render out of date any information or declaration previously
given under either of those paragraphs.
Reason
To ensure that the development, when constructed, will comply with the
Environmental Planning and Assessment Act, 1979.
6.
Development shall be undertaken strictly in accordance with all commitments
specified in the current BASIX Certificate.
Reason
Compliance with the Environmental Planning and Assessment Regulation 2000.
Access, Carparking and Loading Arrangements
7.
All access crossings and driveways shall be maintained in good order for the life of
the development.
Reason
To ensure that a safe adequate all-weather access is available to the development.
8.
All redundant vehicular accesses shall be removed and the footpath, road shoulders
and kerb and gutter, where applicable, restored to match existing conditions at no
cost to Council prior to use of the building or issue of an Occupation Certificate for the
building.
Reason
To ensure that vehicular access to the development occurs efficiently and safely in
accordance with approved plans and unnecessary accesses are restored at no cost
to Council.
Subdivision
9.
A final plan of survey, prepared by a Registered Surveyor, and seven (7) copies for
endorsement by Council are to be submitted with the application for a Subdivision
Certificate.
Reason
To enable the linen plan to be legally made.
Access, Carparking and Loading Arrangements
10.
The Registered Proprietors shall construct two (2) reinforced concrete access
crossings from the kerb and gutter to the property boundary, including a layback in
the kerb, in accordance with Council's Engineering Requirements for Development
(available at Council's offices) and Australian Standard 2890.1 & 2 with respect to
location, size and type of driveway. Full details shall be submitted to and approved
by Council prior to release of the Section 138 Roads Act Approval.
Reason
To ensure the provision of safe, adequately defined and properly constructed means
of vehicular access from the road to the development.
This is page 17 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
11.
The registered proprietor of the land shall construct the following works along the
property frontage in Wyndham and Evans Streets in accordance with Council's
'Engineering Requirements for Development'. The design is to be submitted on a set
of plans, four (4) copies of which shall be submitted to and approved by Council prior
to release of the Section 138 Roads Act Approval.
i)
ii)
iii)
iv)
v)
Construct concrete kerb and gutter.
Construct and gravel road shoulders.
Place 2 coat bitumen seal on road shoulders.
Form/topdress/grass seed footpath.
Construct drainage works where necessary.
Reason
To ensure that adequate provision is made for vehicular and pedestrian movements
to meet expected demand generated by the development, in accordance with current
Council requirements.
12.
All driveways, access corridors and car parking areas are to be designed in
accordance with AS2890.1 & 2 - Parking Facilities. The car parking areas shall be
constructed with reinforced concrete, graded and drained in accordance with
Council's 'Engineering Requirements for Development'.
Reason
To ensure the orderly and efficient use of on-site parking facilities and ensure that
adequate provision is made on-site for the loading and unloading of goods.
PRIOR TO CONSTRUCTION CERTIFICATE
Drainage and Flooding
13.
Any alterations to existing surface levels on the site shall be undertaken in such a
manner as to ensure that no additional surface water is drained onto or impounded on
adjoining properties. Full details of existing and proposed surface levels shall be
submitted to and approved by the Certifying Authority prior to release of the
Construction Certificate for the buildings.
Reason
To ensure that such alterations to surface levels do not disrupt existing stormwater
flows in the vicinity.
14.
The applicant shall provide an inter allotment drainage easement 1.5m wide to drain
proposed Lot 2. Construction of the drainage line together with the necessary grated
yard inlet pits shall be carried out in accordance with Council's 'Engineering
Requirements for Development' - full details shall be submitted to and approved by
the Certifying Authority prior to release of the Construction Certificate.
Note:
(a)
A suitable 88B instrument creating the easement, in accordance with the
requirements of the Conveyancing Act 1919, shall be submitted to Council
prior to endorsement of the Surveyor's transparency.
(b)
Construction shall be completed prior to endorsement of the Surveyor's
transparency.
Reason
To provide the necessary legal right to drain through adjoining lots where necessary.
This is page 18 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
15.
The registered proprietor of the land is to provide a stormwater detention facility within
the boundaries of the site to reduce the peak stormwater discharge from the
developed lot to that of the peak stormwater discharged from the undeveloped lot for
all storm events from the 1 in 1 year to the 1 in 100 year Average Recurrence Interval
(ARI) storm event. A detailed drainage design shall be prepared for the disposal of
roof and surface water from the site, including any natural runoff currently entering the
property. Details of on-site storage and the method of controlled release from the site
and connection to an approved drainage system in accordance with Council's
'Engineering Requirements for Development'.
The detailed plans, specifications and copies of the calculations, including existing
and proposed surface levels, sub-catchments and conduit sizing appropriate for the
development prepared by an engineer suitably qualified and experienced in the field
of hydrology and hydraulics. Full details shall be submitted to and approved by the
Certifying Authority prior to release of the Construction Certificate for the building.
Note: Construction shall be completed prior to the release of the Occupation
Certificate.
Reason
To ensure that the development is adequately drained and will not increase the flood
hazard or flood damage to other properties or adversely affect flood behaviour.
16.
The building is located adjacent to a proposed drainage system and as such all
footings are to be founded below the zone of influence. Details shall be approved by
Council prior to issue of the Construction Certificate for the buildings.
Reason
To ensure that the proposed buildings do not impact upon existing stormwater
infrastructure in the vicinity.
DEMOLITION
17.
Prior to the commencement of demolition or works, a site waste minimisation and
management plan for the proposed development prepared in accordance with Part
C.5 Waste Not of Cessnock Development Control Plan 2006 shall be submitted and
approved by the PCA. The waste minimisation and management plan must verify
that all demolition works will comply with the provisions of AS2601-2001 Demolition of
Structures and WorkCover NSW requirements.
18.
All demolition works are to be carried out in accordance with Australian Standard AS
2601-2001 "Demolition of Structures", with all waste being removed from the site.
Hazardous waste including asbestos shall be handled, conveyed and disposed of in
accordance with AS2601 and any guidelines and requirements from NSW Workcover
Authority. Disposal of asbestos material at Council's Waste Depot requires prior
arrangement for immediate landfilling.
Reason
To ensure that all wastes including asbestos waste is handled and disposed of safely
and in an appropriate manner.
This is page 19 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
19.
The applicant is to notify all owners/occupiers of premises located either side,
opposite and at the rear of the subject lot of their intention to commence demolition
works at least five (5) working days prior to demolition. Such notification is to be
clearly typed on A4 paper stating: "
"
"
"
"
20.
the Council Development Approval reference number;
the full address of the demolition site;
the date demolition will commence;
The name, licence number and contact phone number of the contractor
completing the works; and
The name and contact number of Cessnock Council (4993 4300)
The applicant shall retain a copy of all properties notified and shall present this
information on request by Council. No demolition works may commence prior to the
date stated within the notification.
Reason
To advise adjoining property owners when demolition works will commence.
21.
Demolition involving the removal of asbestos material shall only be carried out
between the times stated below:Monday to Friday
Weekends & Public Holidays
7.00a.m. to 5.00 p.m.
No asbestos removal work to take place.
Reason
To ensure the health and amenity of the community is maintained and to ensure the
availability of regulatory authorities to enforce compliance.
22.
Demolition works involving the removal of more than 10m2 of asbestos material must
only be undertaken by a person who holds a current WorkCover asbestos removal
licence appropriate to the type of asbestos to be removed (that is bonded or friable).
Reason
To ensure asbestos material is removed in accordance with AS2601-2001 and to
minimise risk to public health.
DURING CONSTRUCTION
General
23.
If the soil conditions require it:(a)
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
(b)
adequate provision must be made for drainage.
Reason
To ensure that the development, when constructed, will comply with the
Environmental Planning and Assessment Act, 1979.
24.
A sign must 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:-
This is page 20 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
(a)
stating that unauthorised entry to the work site is prohibited, and
(b)
showing the name of the person in charge of the work site and a telephone
number at which that person may be contacted outside working hours.
Any such sign is to be removed when the work has been completed.
This clause does not apply to:
(a)
building work carried out inside an existing building, or
(b)
building work carried out on premises that are to be occupied continuously
(both during and outside working hours) while the work is being carried out.
Reason
To ensure that the development, when constructed, will comply with the
Environmental Planning and Assessment Act, 1979.
25.
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:
(a)
must be a standard flushing toilet, and
(b)
must be connected:
(i)
(ii)
(iii)
to a public sewer, or
if connection to a public sewer is not practicable, to an accredited
sewage management facility approved by the Council, or
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.
The provision of toilet facilities in accordance with this clause must be completed
before any other work is commenced.
Reason
To ensure that the development, when constructed, will comply with the
Environmental Planning and Assessment Act, 1979.
26.
Construction, demolition and associated work shall be carried out only between the
times stated as follows:Mondays to Fridays
Saturdays
Sundays & Public Holidays
7.00a.m. to 6.00p.m.
8.00a.m. to 1.00p.m.
No construction work to take place.
Reason
To ensure that the environmental quality of adjoining land is not adversely affected,
such as by the generation of excessive noise levels.
This is page 21 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
27.
A container of at least one (1) cubic metre capacity shall be provided and maintained
from the commencement of operations until the completion of the building for the
reception and storage of waste generated by the construction of the building and
associated waste.
Reason
To ensure that waste generated by the building works is contained and does not
pollute the surrounding environment.
28.
All building materials, plant and equipment is to be placed on the building site.
Building materials, plant and equipment (including water closets), are not to be placed
on footpaths, roadways, public reserves etc.
Reason
To ensure pedestrian and vehicular access is not restricted in public places.
29.
The registered proprietor of the land shall be responsible for all costs incurred in the
necessary relocation of any services affected by the required construction works.
Council and other service authorities should be contacted for specific requirements
prior to commencement of any works.
Reason
To ensure that any required alterations to utility infrastructure are undertaken to
acceptable standards at the developer's cost.
30.
Prior to commencement of any works within the road reserve for the provision of
services, the applicant or their nominated contractor shall obtain a road opening
permit from Council's Roads, Bridges and Drainage Section. Reinstatement of the
road shall be to the satisfaction of Council's Roads, Bridges and Drainage Manager
prior to the issue of an Occupation / Subdivision Certificate.
Reason
To ensure the public road and footpath facilities are reinstated to an appropriate
standard as a result of additional requirements of the development.
Building Construction
31.
Excavations or filling against boundaries are to be adequately retained by retaining
walls.
Reason
To reduce the risk of damage to adjoining properties.
32.
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 and must be properly guarded and protected to prevent them from being
dangerous to life or property.
Reason
To ensure that all excavations on the site are maintained in a safe condition.
This is page 22 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
PRIOR TO OCCUPATION
General
33.
Occupation or use of premises for the purposes approved by this consent shall not
commence until all conditions of this consent have been complied with and the
Occupation Certificate has been issued.
Reason
To ensure compliance with the provisions of the Environmental Planning and
Assessment Act, 1979, and Council's terms of consent.
34.
Pursuant to Clause 94 of the Environmental Planning and Assessment Regulation
2000 the hall which is proposed to be converted to a dwelling shall be upgraded as
follows: a)
Hard wired smoke alarms complying with AS3786-1993 and Part 3.7.2 of the
Building Code of Australia (BCA).
The specified fire safety measures shall be provided prior to the building being used
or occupied for the purposes of a dwelling.
Reason
To ensure the fire protection measures contained within the building are adequate to
protect persons using it and to facilitate their egress in the event of a fire.
Landscaping
35.
Prior to the issue of Occupation Certificate landscaping works shall be carried out in
accordance with the details indicated on the submitted landscape design plan, except
as required to be modified under the terms of this consent.
Reason
To ensure that adequate and appropriate provision is made for landscaping of the site
in association with the proposed development, to enhance the external appearance of
the premises and to contribute to the overall landscape quality of the locality.
PRIOR TO ISSUE OF SUBDIVISION CERTIFICATE
General
36.
Evidence shall be submitted to Council that the registered proprietors of the land on
whose behalf the application was made have complied with the requirements of
Section 50 of the Hunter Water Board (Corporatisation) Act 1991. Such evidence
shall be submitted Council prior to the release of the final plan of survey for the
subdivision and the Subdivision Certificate.
Reason
To ensure compliance with the Hunter Water Corporation requirements for the supply
of water and sewerage to the new lots created.
37.
Payment of the subdivision endorsement fee is to be received prior to release of the
final plan of survey. Currently, this endorsement fee is $120 per lot. This fee is
adjusted annually and the fee to be paid will be the applicable fee at the time of
lodgement of the final plan of survey for endorsement and Subdivision Certificate
application.
This is page 23 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
Reason
To ensure that the developer meets all costs associated with the release of the final
plan of subdivision.
38.
Certification shall be submitted to Council by a Registered Surveyor, prior to
endorsement of the final plan of survey and release of the Subdivision Certificate that
all services and domestic drainage lines are wholly contained within each of the
respective lots.
Reason
To ensure that all services are wholly contained within each new lot created.
Fees, Development Contributions, Monetary Bonds, Dedication of Land
39.
A monetary contribution is to be paid to Council, pursuant to Section 94 of the
Environmental Planning and Assessment Act, 1979 towards the provision of public
amenities and public services in the contribution types below.
CONTRIBUTION TYPE
District Open Space
District Community Facilities (Halls)
District Community Facilities (Libraries)
District Community Facilities (Bushfire)
District Roads - Urban Areas
Studies (Plan Preparation)
Plan Administration
$
1148.00
703.00
188.00
52.00
875.00
66.00
250.00
At this time the total contribution required is $3282.00 and is to be paid prior to the
release of the Subdivision Certificate.
NOTE:
a)
A copy of the Residential Section 94 Contributions Plan may be inspected at
Council's Customer Services Section, Administrative Building, Vincent Street,
Cessnock or can be accessed on Council's Website:
www.cessnock.nsw.gov.au
b)
The amount of contribution payable under this condition has been calculated
at the date of consent. In accordance with the provisions of the Contributions
Plan, this amount shall be indexed at the time of actual payment in
accordance with the Consumer Price Index - All Groups - Sydney. Indexation
of contributions for payment occurs quarterly, on the first working day of
December, March, June and September.
Reason
To assist the Council in meeting the expected increased demand for public facilities
and services arising as a consequence of the proposed development, and to ensure
that the real value of contributions is not deflated by price movements.
This is page 24 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
STAGE 2 CONDITIONS
40.
The alterations of a building in accordance with this development consent shall not be
commenced until:(a)
detailed plans and specifications of the building verifying compliance with the
Building Code of Australia have been endorsed with a construction
certificate by:(i)
(ii)
(b)
the person having the benefit of the development consent:(i)
(ii)
(c)
the Cessnock City Council; or
an accredited certifier, and
has appointed a principal certifying authority, (being Cessnock City
Council or an accredited certifier) and
has notified Council of the appointment, and
the person having the benefit of the development consent has given at least 2
days notice to the Council of their intention to commence erection of the
building.
Reason
To clarify and advise the applicant that a Construction Certificate must be issued prior
to works commencing as required by the Environmental Planning and Assessment
Act 1979 (as amended).
41.
All building work must be carried out in accordance with the requirements of the
Building Code of Australia (BCA).
Reason
This is a prescribed condition under Section 80A(11) of the Environmental Planning
and Assessment Act, 1979.
42.
Building work that involves residential building work (within the meaning of the Home
Building Act 1989) must not be carried out unless the principal certifying authority for
the development to which the work relates:
(A)
in the case of work to be done by a licensee under that Act:
(i)
(ii)
(B)
has been informed in writing of the licensee's name and the
contract licence number, and
is satisfied that the licensee has complied with the requirements of
Part 6 of that Act, or
in the case of work to be done by any other person:
(i)
(ii)
has been informed in writing of the persons name and the
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 purpose of the definition of owner- builder work in section
29 of that Act, and is given appropriate information and
declarations under paragraphs (a) and (b) whenever
This is page 25 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
arrangements for the doing of work are changed in such a manner
as to render out of date any information or declaration previously
given under either of those paragraphs.
Reason
To ensure that the development, when constructed, will comply with the
Environmental Planning and Assessment Act, 1979.
Building Construction
43.
Excavations or filling against boundaries are to be adequately retained by retaining
walls.
Reason
To reduce the risk of damage to adjoining properties.
44.
Development shall be undertaken strictly in accordance with all commitments
specified in the current BASIX Certificate.
Reason
Compliance with the Environmental Planning and Assessment Regulation 2000.
Access, Carparking and Loading Arrangements
45.
All access crossings and driveways shall be maintained in good order for the life of
the development.
Reason
To ensure that a safe adequate all-weather access is available to the development.
46.
All driveways, access corridors and car parking areas are to be designed in
accordance with AS2890.1 & 2 - Parking Facilities. The car parking areas shall be
constructed with reinforced concrete, graded and drained in accordance with
Council's 'Engineering Requirements for Development'.
Reason
To ensure the orderly and efficient use of on-site parking facilities and ensure that
adequate provision is made on-site for the loading and unloading of goods.
PRIOR TO CONSTRUCTION CERTIFICATE
Drainage and Flooding
47.
Any alterations to existing surface levels on the site shall be undertaken in such a
manner as to ensure that no additional surface water is drained onto or impounded on
adjoining properties. Full details of existing and proposed surface levels shall be
submitted to and approved by the Certifying Authority prior to release of the
Construction Certificate for the buildings.
Reason
To ensure that such alterations to surface levels do not disrupt existing stormwater
flows in the vicinity.
This is page 26 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
DURING CONSTRUCTION
General
48.
If the soil conditions require it:(a)
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
(b)
adequate provision must be made for drainage.
Reason
To ensure that the development, when constructed, will comply with the
Environmental Planning and Assessment Act, 1979.
49.
A sign must 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:(a)
stating that unauthorised entry to the work site is prohibited, and
(b)
showing the name of the person in charge of the work site and a telephone
number at which that person may be contacted outside working hours.
Any such sign is to be removed when the work has been completed.
This clause does not apply to:
(a)
building work carried out inside an existing building, or
(b)
building work carried out on premises that are to be occupied continuously
(both during and outside working hours) while the work is being carried out.
Reason
To ensure that the development, when constructed, will comply with the
Environmental Planning and Assessment Act, 1979.
50.
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:
(a)
must be a standard flushing toilet, and
(b)
must be connected:
(i)
(ii)
(iii)
to a public sewer, or
if connection to a public sewer is not practicable, to an accredited
sewage management facility approved by the Council, or
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.
The provision of toilet facilities in accordance with this clause must be completed
before any other work is commenced.
This is page 27 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
Reason
To ensure that the development, when constructed, will comply with the
Environmental Planning and Assessment Act, 1979.
51.
Construction, demolition and associated work shall be carried out only between the
times stated as follows:Mondays to Fridays
Saturdays
Sundays & Public Holidays
7.00a.m. to 6.00p.m.
8.00a.m. to 1.00p.m.
No construction work to take place.
Reason
To ensure that the environmental quality of adjoining land is not adversely affected,
such as by the generation of excessive noise levels.
52.
A container of at least one (1) cubic metre capacity shall be provided and maintained
from the commencement of operations until the completion of the building for the
reception and storage of waste generated by the construction of the building and
associated waste.
Reason
To ensure that waste generated by the building works is contained and does not
pollute the surrounding environment.
53.
All building materials, plant and equipment is to be placed on the building site.
Building materials, plant and equipment (including water closets), are not to be placed
on footpaths, roadways, public reserves etc.
Reason
To ensure pedestrian and vehicular access is not restricted in public places.
54.
The registered proprietor of the land shall be responsible for all costs incurred in the
necessary relocation of any services affected by the required construction works.
Council and other service authorities should be contacted for specific requirements
prior to commencement of any works.
Reason
To ensure that any required alterations to utility infrastructure are undertaken to
acceptable standards at the developer's cost.
55.
Prior to commencement of any works within the road reserve for the provision of
services, the applicant or their nominated contractor shall obtain a road opening
permit from Council's Roads, Bridges and Drainage Section. Reinstatement of the
road shall be to the satisfaction of Council's Roads, Bridges and Drainage Manager
prior to the issue of an Occupation Certificate.
Reason
To ensure the public road and footpath facilities are reinstated to an appropriate
standard as a result of additional requirements of the development.
Building Construction
56.
Excavations or filling against boundaries are to be adequately retained by retaining
walls.
This is page 28 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
Reason
To reduce the risk of damage to adjoining properties.
57.
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 and must be properly guarded and protected to prevent them from being
dangerous to life or property.
Reason
To ensure that all excavations on the site are maintained in a safe condition.
PRIOR TO OCCUPATION
General
58.
Occupation or use of premises for the purposes approved by this consent shall not
commence until all conditions of this consent have been complied with and the
Occupation Certificate has been issued.
Reason
To ensure compliance with the provisions of the Environmental Planning and
Assessment Act, 1979, and Council's terms of consent.
Landscaping
59.
Landscaping works shall be carried out in accordance with the details indicated on
the submitted landscape design plan, except as required to be modified under the
terms of this consent.
Reason
To ensure that adequate and appropriate provision is made for landscaping of the site
in association with the proposed development, to enhance the external appearance of
the premises and to contribute to the overall landscape quality of the locality.
FOR
Tim Rogers
Alison McCabe
Total (2)
AGAINST
Total (0)
CARRIED UNANIMOUSLY
This is page 29 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
The following people addressed the meeting of the Panel:
Speakers
Company
Mr Phillip
Goodwin
Debra
Herring
Mr Brad
Everett
For /
Against
Against
Against
Hunterland
Pty Ltd
For
Report
PPEE23/2011 - Planning Proposal
for Cessnock Civic Precinct
18/2004/9/1 - Lots 21, 22 & 23
DP845986, Lot 1 DP 103630, Lots
1,2 & 3 DP 608084, and Lot 7300
Dp 1143010 off Vincent Street
Cessnockl
PPEE23/2011 - Planning Proposal
for Cessnock Civic Precinct
18/2004/9/1 - Lots 21, 22 & 23
DP845986, Lot 1 DP 103630, Lots
1,2 & 3 DP 608084, and Lot 7300
Dp 1143010 off Vincent Street
Cessnockl
PPEE23/2011 - Planning Proposal
for Cessnock Civic Precinct
18/2004/9/1 - Lots 21, 22 & 23
DP845986, Lot 1 DP 103630, Lots
1,2 & 3 DP 608084, and Lot 7300
Dp 1143010 off Vincent Street
Cessnockl
Page
No.
30
Duration
30
3 mins
30
3 mins
3 mins
OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO.
PPEE23/2011
SUBJECT:
PLANNING PROPOSAL FOR CESSNOCK CIVIC PRECINCT 18/2004/9/1
- LOTS 21, 22 & 23 DP845986, LOT 1 DP 103630, LOTS 1,2 & 3 DP
608084, AND LOT 7300 DP 1143010 OFF VINCENT STREET
CESSNOCKL
MOTION
PP1508
RESOLVED
Moved:
Alison McCabe
Seconded:
Tim Rogers
The Planning Panel resolves to:1.
Amend the Planning Proposal for Cessnock Civic Precinct in the following
manner:
a)
b)
c)
Adopt the B7 – Business Park and E2 – Environmental Zones, the extent
of which is shown on the attached rezoning plan;
The Cessnock Civic Precinct be incorporated into Part 7 Urban Release
Areas of draft Cessnock Local Environmental Plan 2011 as an urban
release area, the extent of which is shown on the attached urban areas
release map;
A 12m height limit apply to the B7 – Business Park, the extent of which is
shown on the attached height of building map;
This is page 30 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
2.
The Planning Proposal be referred to the Department of Planning pursuant to
Section 68 of the Environmental Planning and Assessment Act 1979 once
council has resolved to exhibit the draft Development Control Plan and
Voluntary Planning Agreement for the Cessnock Civic Precinct;
3.
The Department of Planning be advised that the Planning Proposal not be
referred to the Minister for gazettal pursuant to Section 69 of the Environmental
Planning and Assessment Act until the draft Development Control Plan and
Voluntary Planning Agreement have been endorsed by Council;
4.
The draft Development Control Plan should address, as a minimum, the
following matters:a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
Minimisation of vehicular access points off Vincent Street;
Building treatment and setbacks along Vincent Street;
Provision of landscaping buffers along Vincent Street;
Appropriate setbacks and landscape treatment to existing residential
dwellings on site;
Infrastructure works along Vincent Street and at the intersection of
Darwin and Snape Street intersection;
Flooding and Drainage
Mine subsidence controls
Traffic Management
Indicative Subdivision Plan
Specific controls relating to:*
Traffic/Road patterns
*
Lot sizes and boundaries
*
Vegetation management and landscaping
*
Fencing details
FOR
Tim Rogers
Alison McCabe
Total (2)
AGAINST
Total (0)
CARRIED UNANIMOUSLY
This is page 31 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson
OUR NATURAL, DEVELOPED AND CULTURAL ENVIRONMENT NO.
PPEE24/2011
SUBJECT:
JOHN STREET, BRANXTON PLANNING PROPOSAL RECLASSIFICATION OF LAND
MOTION
PP1509
RESOLVED
Moved:
Tim Rogers
Seconded:
Alison McCabe
1.
That the John Street, Branxton Planning Proposal be placed on public
exhibition for a minimum of 28 days in accordance with Council’s notification
guidelines;
2.
A public hearing be held into the reclassification in accordance with the Local
Government Act 1993; and
3.
A separate report be presented to the Planning Panel on conclusion of the
public exhibition with an assessment of submissions and detailing the final
content of the draft Plan.
FOR
Tim Rogers
Alison McCabe
Total (2)
AGAINST
Total (0)
CARRIED UNANIMOUSLY
GENERAL BUSINESS
NIL
PANEL INSPECTIONS
NIL
The Meeting Was Declared Closed at 4.54pm
This is page 32 of the Minutes of the Cessnock Planning Panel Meeting held on 12 May 2011
confirmed on 9 June 2011
……………………………………………Chairperson