27/03/original Signed By Antonia Stuart On 27/03/08 Date Determined: 27 ...
Original signed by Antonia Stuart on 27/03/08
Date determined: 27/03/08
Date commences: 1/4/08
Date laspes: 1/4/11
David Morrow
Gelder
19-23 Bridge Street
PYMBLE NSW 2073
D67/08
JG1 (PDS)
ENVIRONMENTAL PLANNING AND ASSESSMENT ACT, 1979 AS AMENDED
ROADS ACT 1993, AND LOCAL GOVERNMENT ACT 1993 AS APPLICABLE
Notice to Applicant of Determination of a Development Application
Pursuant to Section 81 of the Act, notice is given that Development Application No. 67//08
proposing strata subdivision of 22 new residential apartments on land described as 80 Gerard
Street, Cremorne was determined under delegated authority by the granting of consent
subject to the conditions below. Where indicated, approval is also granted for works on
public roads under the provisions of Section 138 of the Roads Act 1993 and Section 68 of the
Local Government Act 1993.
A.
Conditions that Identify Approved Plans
Development in Accordance with Plans
A1.
The development being carried out in accordance with Strata plans titled “sheet 1 of
6” to “sheet 6 of 6” (inclusive), dated 2 February 2007, drawn by John McPherson
Reid of Clement & Reid Pty Ltd, received by Council 29 February 2008 and endorsed
with Council’s approval stamp, except where amended by the following conditions.
(Reason:
To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information)
Plans on Site
A2.
A copy of all stamped approved plans, specifications and documents (including the
Construction Certificate if required for the work incorporating certification of
conditions of approval) shall be kept on site at all times so as to be readily available
for perusal by any officer of Council or the Principal Certifying Authority.
(Reason:
To ensure that the form of the development undertaken is in
accordance with the determination of Council, Public Information and
to ensure ongoing compliance)
J.
Conditions that must be complied with prior to the issue of any Strata Subdivision
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DEVELOPMENT CONSENT NO. 67/08
or Subdivision Certificate
Strata Subdivision
J1.
The Applicant shall apply for a strata certificate pursuant to the Strata Schemes
(freehold) Act 1973, to enable lodgement of the strata plan at NSW Land and
Property Information Office. If the strata certificate is obtained from an accredited
certifier, the certifier is to provide Council with a copy of the endorsed strata
certificate within 7 days of issuing the same, pursuant to the Strata Schemes
(Freehold Development) Regulation 2002.
IMPORTANT NOTES:
For endorsement of the strata certificate by North Sydney Council, the applicant must
submit the following:
a)
The original strata plans and administration sheets plus two (2) copies of each,
and any original 88B instrument to be endorsed, all enclosed in a protective
cardboard tube (to prevent damage during transfer).
b)
2 additional copies each of the strata plans and admin. sheets, and 88B
instrument for submission to Council Customer Services and records
department for electronic database scanning and copying.
c)
Application for Subdivision Certificate (strata) form duly completed with
payment of fee current at lodgement.
d)
Written evidence that all applicable conditions of consent to be satisfied, prior
to issue of the Strata Certificate, have been satisfied (including certificates and
the like).
Council will check the consent conditions on the relevant consent(s). Failure to
submit the required information will delay endorsement of the strata certificate, and
may require payment of rechecking fees. Plans of subdivision and copies must not
be folded. Council will not accept bonds in lieu of completing subdivision works.
(Reason:
To ensure compliance with relevant legislative requirements and
maintenance of up to date Council records)
Sydney Water - Strata
J2.
The Section 73 Sydney Water Certificate obtained for the development must be
submitted to the accredited certifier or North Sydney Council with the documentation
to enable the issue of the strata certificate.
(Reason:
To ensure compliance with Sydney Water requirements)
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DEVELOPMENT CONSENT NO. 67/08
Release of Strata Certificate
J3.
The strata certificate to enable the lodgement of the strata plan at NSW Land and
Property Information shall not be issued until bounding walls, floors and ceilings
between proposed strata lots have been constructed relating to the approved building
plans.
(Reason:
To ensure that the registered strata plan relates to approved
development)
Allocation of Parking and Visitor Parking
J4.
Car parking provided shall only be used in conjunction with the units and tenancies
contained within the development, and shall be individually allocated to residential
units as part of their unit entitlement.
Visitor parking facilities must be designated as common property on the strata plan,
and under no circumstances shall Strata By-Laws be created to grant exclusive use of
nominated Visitors Parking spaces to occupants/owners of units or tenancies within
the building.
(Reason:
Provision of adequate on site parking facilities to service the
development)
Building and Unit Numbering (Strata Subdivisions)
J5.
Prior to issue of the strata certificate, the person acting upon this consent must apply
to North Sydney Council and receive written confirmation of the allocated street
address and unit numbers for the building and the approved strata allotments within
the completed project. These are the numbers that will be recorded in Council records
and must be displayed at the property in accordance with the provisions of
AS/NZS 4819:2003 – Geographic information – Rural and urban addressing.
To assist Council when applying for strata unit or house number allocations, a draft
proposal for numbering within the strata scheme or street should be submitted for
concurrence to Council, as these numbers will be used to maintain Council’s property
and mapping database.
(Reason:
To ensure that Council records are accurate, and that building and unit
numbering complies with the requirements of Council’s House
Numbering Policy. Proper building and unit numbering also assists
emergency services in readily locating properties)
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DEVELOPMENT CONSENT NO. 67/08
DATE OF DETERMINATION:
DATE FROM WHICH CONSENT OPERATES:
DATE CONSENT LAPSES:
Council further resolved that pursuant to Section 95(2) of the Environmental Planning and
Assessment Act 1979, it vary the provisions of Section 95(1) and advise the applicant that the
consent will lapse 3 years from the date from which the consent operates, in accordance with
Section 83.
ADVISINGS
Notes
(a)
Council is always prepared to discuss its decisions, and in this regard please do not
hesitate to contact James Groundwater. However, if you wish to pursue your rights
of appeal in the Land and Environment Court pursuant to Section 97 of the Act, you
are advised that Council generally seeks resolution of such appeals through a Section
34 Conference, instead of a full Court hearing, subject to any further advice to the
contrary from Council’s Solicitors and senior staff. Such an approach is less
adversarial, it achieves a quicker decision than would be the case through a Court
hearing, and it can give rise to considerable cost and time savings for all parties
involved. The use of the Section 34 Conference approach requires the appellant to
agree, in advance and in writing, that the Court appointed assessor will be given the
full authority to completely determine the matter at the conference.
(b)
You are advised that changes to the external configuration of the building, changes to
the site layout, density and unit configuration internal changes to the proposed
building or any changes to the proposed operation of a use MAY require the
submission of a modification under Section 96 of the Environmental Planning &
Assessment Act 1979. Any such changes warranting a State Environmental Planning
Policy No. 1 objection (where no objection was previously required) may not be able
to be determined under Section 96 of the Act but may need to be subject of a separate
Development Application.
Please bear this in mind before preparing documentation in support of a Construction
Certificate application. Council staff would be pleased to assist in identifying such
changes which may require the submission of a modification of a Development
Application under Section 96 of the Environmental Planning & Assessment Act.
(c)
Section 82A of the Environmental Planning and Assessment Act 1979 provides that
the applicant may request the Council to review the determination. The request must
be made in writing (or on the review application form) within twelve (12) months
after receipt of this Notice of Determination, together with payment of the
appropriate fees. It is recommended that the applicant discuss any request for a
review of the determination with Council Officers before lodging such a request.
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DEVELOPMENT CONSENT NO. 67/08
(d)
Prior to commencing any building, subdivision or associated constructions works, the
following provisions of the Environmental Planning and Assessment Act 1979 (the
‘Act’) are to be complied with:
(i)
Relevant approvals must be obtained under the provisions of Section 138 of
the Roads Act, 1993 for any works on public roads which are not the subject
of this consent.
(ii)
A Construction Certificate is to be obtained in accordance with Section
81A(2)(a) of the Act.
(iii)
A Principal Certifying Authority is to be appointed and Council is to be
notified of the appointment in accordance with Section 81A(2)(b) of the Act.
(iv)
Council is to be notified at least two (2) days before the intention to
commence building works, in accordance with Section 81A(2)(c) of the Act.
(e)
The applicant may apply to the Council or an Accredited Certifier for the issuing of a
Construction Certificate and to be the Principal Certifying Authority to monitor
compliance with the approval and issue necessary documentary evidence or
certificate/s.
(f)
Sydney Water Requirements
You are advised that any building works may also require prior approval from Sydney
Water. Further details can be obtained from the Sydney Water website at
www.sydneywater.com.au.
(g)
Telecommunications
Prior to the installation of any telephone cabling contact is to be made with
Construction Research Australia Pty Ltd on telephone 1800 180 118 or Sydney
9428 1254.
(h)
Dial before you dig
Before you dig call “Dial before you dig” on 1100 (listen to the prompts) or facsimile
1300 652 077 (with your street no./name, side of street and the distance to the nearest
cross street) for underground utility services information for any excavation areas.
Council’s officers can provide these services, and further information, including a copy of the
terms of agreement and fee schedule, can be obtained by telephoning Council’s Customer
Service Centre on 9936 8471.
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DEVELOPMENT CONSENT NO. 67/08
Please note that all building work must be carried out fully in accordance with the development
consent and conditions of approval and it is an offence to carry out unauthorised building work
or building work that is not in accordance with Council’s approval.
An offence under the Environmental Planning and Assessment Act 1979 and Regulations is
subject to a penalty up to $110,000 and $11,000 respectively.
Council may also serve a notice and an order to require the demolition/removal of unauthorised
building work or to require the building to be erected fully in accordance with the development
consent.
On the spot penalties will be imposed for works which are carried out in breach of this consent,
or without consent.
An amended development application is required to be submitted to and approved by Council,
and a Construction Certificate is to be obtained from the Council or an Accredited Certifier,
prior to commencement of any variations from the approved plans and conditions of approval.
DATE
Signature on behalf of consent authority
ANTONIA STUART
TEAM LEADER (ASSESSMENTS)
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