MODIFICATION OF CONSENT REPORT - (S96052/13) – PROPOSED MODIFICATION OF BED & BREAKFAST OF 057/11DA, LOT 51 DP 1131349 - 79 JERRYS MEADOW ROAD SODWALLS NSW 2790 1. PROPOSAL Council is in receipt of a modification of development consent application from Sue Dearin C/- Fragar Planning & Development, which seeks to stage the tourist facility into three stages and change the design of the building to that previously approved as part of 057/11DA. The proposed modification stages are as follows:

1. Library facilities ancillary to a dwelling (no accommodation to be undertaken) 2. Two bedrooms for a tourist facility including kitchen, dining areas. The library

would be utilised as the managers residence 3. Completion of the tourist facility with three bedrooms & managers residence,

with the manager’s residence as part of Stage 2 converted back to a library. The below image is of the original floor plan & elevation for the development:

The below image is of the proposed floor plan as part of this modification:

The original approval was issued by Council, for a Bed & Breakfast establishment on 17 December 2012. The application will be assessed under Section 96 1(A) of the Environmental Planning and Assessment Act 1979.

2. SUMMARY To assess and recommend determination of DA 057/11DA Recommendation will be for approval subject to conditions/refusal.

3. LOCATION OF THE PROPOSAL Legal Description : Lot 51 DP 1131349 Property Address : 79 JERRYS MEADOW ROAD SODWALLS NSW 2790

4. DETAILS OF CURRENT APPROVAL The application was originally approved under delegation on 17 December 2013 by Council, and permitted a three guest bedroom Bed & Breakfast establishment.

5. PERMISSIBILITY: The development was originally permissible in the zone under Clause 9 & 35 of Council’s current LEP which indicates that a tourist facility is permissible in the zoning. This permissibility is not proposed to change as part of this modification. ‘tourist facilities’ means an establishment providing for holiday accommodation or recreation and may include a boat shed, boat landing facilities, camping ground, caravan park, holiday cabins, hotel, house boat, marina, motel, playground, refreshment room, water sport facilities or a club used in conjunction with any such activities. It is considered that the proposal is consistent with the aims and objectives of 1(a) General Rural. 5.1 POLICY IMPLICATIONS (OTHER THAN DCP’s) Nil. 5.2 FINANCIAL IMPLICATIONS (eg Section 94) Nil. 5.3 LEGAL IMPLICATIONS 5.3.1 Environmental Planning and Assessment Act 1979- Section 96 (1) (1) Modifications involving minor error, misdescription or miscalculation

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify a development consent granted by it to correct a minor error, misdescription or miscalculation. Subsections (1A), (2), (3), (5), (6) and (7) do not apply to such a modification.

Comment: Not applicable in this instance. 5.3.2 Environmental Planning and Assessment Act 1979- Section 96 (1A) (1A) Modifications involving minimal environmental impact

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if: (a) it is satisfied that the proposed modification is of minimal environmental

impact, and (b) it is satisfied that the development to which the consent as modified

relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that

has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

Subsections (1), (2) and (5) do not apply to such a modification.

Comment: Council is satisfied that the staging and change to design of the tourist facility, is of a minimal environmental impact. The development is similar to what was previously approved as the modification does not change the land use of the proposal. The Regulations do not require the notification of the modification and Council does not have a DCP requiring the notification of the application. However, given previous submissions on the proposal and the redesign a notification to adjoining landowners was undertaken. There were no submissions received and it is considered to be of a minor nature. 5.3.3 Environmental Planning and Assessment Act 1979- Section 96 (2) (2) Other modifications

A consent authority may, on application being made by the applicant or any other person entitled to act on a consent granted by the consent authority and subject to and in accordance with the regulations, modify the consent if:

(a) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which consent was originally granted and before that consent as originally granted was modified (if at all), and

(b) it has consulted with the relevant Minister, public authority or approval body (within the meaning of Division 5) in respect of a condition imposed as a requirement of a concurrence to the consent or in accordance with the general terms of an approval proposed to be granted by the approval body and that Minister, authority or body has not, within 21 days after being consulted, objected to the modification of that consent, and

(c) it has notified the application in accordance with: (i) the regulations, if the regulations so require, or (ii) a development control plan, if the consent authority is a council that

has made a development control plan that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within the period prescribed by the regulations or provided by the development control plan, as the case may be.

Subsections (1) and (1A) do not apply to such a modification.

Comment: Not applicable in this instance.

5.3.4 Environmental Planning and Assessment Act 1979- Section 96 (3) (3) In determining an application for modification of a consent under this section,

the consent authority must take into consideration such of the matters referred to in section 79C (1) as are of relevance to the development the subject of the application.

Any Environmental Planning Instruments Lithgow City Local Environmental Plan 1994 The original application was assessed in accordance with the provisions of Lithgow’s Local Environmental Plan 1994, and was found to be compliant. The modification does not require any further assessment under the LEP as the land use is not changing and is permissible within the zoning. Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority Nil. Any Development Control Plan The original application was assessed in accordance with the provisions of the relevant DCP’s, and was found to be compliant. However, although the proposed development has been defined as a tourist facility, it resembles a Bed & Breakfast and therefore the DCP has been used as a guide to assess the development

B & B DCP – Compliance Check Clause Compliance 2 The objectives of the Plan Yes 3(i) Operational requirements Yes 3(ii) Services Yes 3(iii) Parking Yes 3(iv) Other Yes 3(v) Advertising signs Yes 3(vi) Sound Transmission Yes 4(a) Health & Amenity Standards Yes 4(b) Fire Safety Yes 5 General Yes

Comment: The proposed development complies with the B&B DCP where appropriate in regards to abovementioned Clauses. It is considered that the development will not impact on surrounding amenity and will be completed in accordance with the plan where applicable. A condition of consent regarding delineation of carparking will be imposed due to the removal of the garage as part of this modification. It is considered that there is ample room to accommodate associated cars as part of this development. Any planning agreement that has been entered into under Section 93F, or any draft planning agreement that a developer has offered to enter into under Section 93F? Nil.

Any matters prescribed by the regulations that apply to the land The original application was assessed in accordance with the provisions of the Regulations, and was found to be compliant. The modification requires re-assessment by Council Building Officers with appropriate conditions of consent imposed as per Schedule A. It is considered that the development will comply with all appropriate regulations. The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality Staging Stage 1 of the development will be ancillary to the existing dwelling on the property and be used as storage/library. This is permissible in the zoning and would not create any additional impact in the surrounding area. Effluent disposal will be required prior to a construction certificate to ensure that domestic waste is adequately contained within the property for the development. Stage 2 of the proposal will allow for the tourist facility to come into affect in which car parking will be required onsite. The library will be used as managers residence with two guests rooms available. The access to the property will be upgraded as well as onsite sewer management to allow for the ongoing use of the bed and breakfast. Stage 3 of the proposal will allow for the final setup of 3 guests bedrooms, one managers bedroom, kitchen, dinning and the library. It is considered that the increase in traffic will be minimal and the site will have space for onsite carparking facilities. Design The proposed change in design is for Building Code of Australia compliance which will minimise cost to the applicant. The design is simple and will allow for easier staging when funds are available. It is considered that the design will not have any further impacts on the surrounding area than originally proposed. The design is considered adequate in the rural setting. The Suitability of the site for the development The original application was assessed in terms of site suitability and was found to be suitable. The modification does not require any further assessment of suitability. Any submissions made in accordance with this Act or the Regulations Given that the proposed amendment is to stage the proposal and redesign the building, the modification is considered to be minor requiring assessment by Council Building Officers with comments below. Given the original approval of 17 December 2012 was determination by the elected Council; the modification is required to be approved by the elected Council. Building Comments The submitted modified plans show a complete change of design, internal and external configuration from the original approval. The modified proposal is now less than 300m² and could possibly be classified as a class 1b under the BCA. A bushfire assessment has previously been undertaken and addressed as part of the original

assessment. Classification and compliance with the BCA are to be assessed by the Private Certifier issuing the construction certificate. No objections are raised to the modifications subject to the following:

1. Two copies of amended BASIX certificate generated from the NSW Planning and infrastructure website are required. The BASIX certificate should reflect the amendments and include updated number of bedrooms (4 bedrooms instead of 3) and any other changes.

2. Plans should be fully notated clearly showing the use of each room/portion and common areas at different stages of construction.

3. The description on the consent should be changed to a Bed and Breakfast/tourist facility and classification of the building removed from the Development Application (only required on the CC)

The following additional conditions are to be added to the consent: DRAFT CONDITIONS 1. That minimal disturbance is caused to the site during construction works and

any disturbed areas are to be generally made good and revegetated to the satisfaction of Council. Any excavated and filled areas are graded and drained and all constructed batters are to be topsoiled, and turfed. Batters exceeding a ratio of 3 horizontal to 1 vertical must be retained with retaining walls, stoneflagging or terracing prior to occupation. (Note retaining walls over 600mm in height require Development Consent).

2. Prior to any building works commencing a suitable Waste Container for the

deposit of all building rubbish and litter must be provided and emptied as soon as full. Building rubbish and litter must be contained on the building site.

3. Measures shall be implemented to minimise wind erosion and dust nuisance in

accordance with the requirements of the manual – “Soils and Construction” (2004) (Bluebook).

4. All excavations and backfilling associated with the approved works must be

executed safely and in accordance with appropriate professional standards. All excavations must be properly guarded and protected to prevent them from being dangerous to life or property.

If an excavation associated with the approved works 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: Must preserve and protect the building from damage; and If necessary, must underpin and support the building in an approved

manner, and 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.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

BASIX

5. The new works shall be constructed in accordance with, and comply with the undertakings given on BASIX Certificate Number 352593S_06 from the Department of Infrastructure, Planning and Natural Resources.

ADVISORY CONDITIONS Stormwater and wastewater 6. Prior to issuing the Certificate of Compliance for all sanitary plumbing and

drainage, the plumbing and drainage works are to be inspected and approved by Council as the delegated regulatory authority for plumbing and drainage work within the Lithgow City Council area.

7. All plumbing and drainage works shall be carried out by a licensed plumber and

drainer. 8. Prior to the issue of any Occupation Certificate an Approval to Operate for the

On-Site Sewerage Management System is to be issued by Council in accordance with Section 68 of the Local Government Act.

9. That the rainwater drains are connected to water storage tanks which are

located in a position that will not create a nuisance to the building or adjoining properties.

Note: Overflow pipes are to be discharged into approved drains to 600 mm wide x 600 mm deep dispersal pits, having an aggregate length of 2 metres per downpipe and be located not less than 4 metres from any building or site boundary. The pits are to be located so as to ensure that the stormwater is dispersed clear of any building and should not create a nuisance to adjoining properties

Disabled access and facilities 10. Disabled access is to be provided in accordance with Part D, BCA 2013 (Volume

1) and AS1428.1 to the following: a. Within 1 bedroom and associated sanitary facilities. b. No less than 1 of each type of room or space for use in common by the

residents or guests, including a cooking facility, sauna, gymnasium, swimming pool, laundry room, games room, eating area, or the like and rooms.

c. Rooms or spaces for use in common by all residents for use in common by all residents on a floor to which access by way of a ramp complying with AS1428.1.

11. A disabled carparking space is to be provided in accordance with Part D, BCA

2013 (Volume 1). 12. An accessible sanitary compartment is to be provided in accordance with Part

F, BCA 2013 (Volume 1). 13. Access for disabled persons and the provision of sanitary facilities shall be in

accordance with the Building Code of Australia and Australian Standard 1428 “Design for Access and Mobility”.

Bed and Breakfast requirements

14. The total area of all floors of the Bed and Breakfast shall not exceed 300m² when measured over the enclosing walls and not more than 12 persons shall ordinarily be resident (Part 1.3, BCA 2013, Volume 2). The guest accommodation is available for short term paid accommodation only.

15. That smoke alarms and emergency lighting be installed in accordance with Part

3.7.2, BCA, 2013, Volume 2 � 16. A 3.5kg Carbon Dioxide Portable Fire Extinguisher and 1.2m x 1.2m fire blanket

are to be installed within kitchen areas of the building. 17. It is recommended that the locks on doors in the path of travel provide egress

by single handed action on a single device without recourse to a key from the side facing the person seeking egress from the building.

Requirements prior to installation of Solid Fuel Heater 18. That a Section 68 Application for the installation of the solid fuel heater along

with relevant fee and manufacturer's details of the solid fuel heater complying with Australian Standards 2918, 4012 and 4013 are to be submitted to and approved by Council prior to installation.

Snow load 19. The property is located in an area (elevation 1120m) subject to snow falls.

Frame and truss details from the manufacturer are to be designed and certified for the relevant ground snow and wind loading for the area and details are to be submitted to the Certifying Authority prior to the frame inspection.

Note: Some of the above conditions will be implemented as replacement conditions previously imposed on the development. Other conditions of consent will be added to the approval were appropriate and duplicate conditions will be left out of the consent. It is considered that these requirements are reasonable to apply to the development if approved. The public interest The original application was assessed in terms of the public interest. The proposed modification does not change whether the development is within the public interest. 5.3.5 Environmental Planning and Assessment Act 1979- Section 96 (4) (4) The modification of a development consent in accordance with this section is

taken not to be the granting of development consent under this Part, but a reference in this or any other Act to a development consent includes a reference to a development consent as so modified.

Comment: Noted. 5.3.6 Environmental Planning and Assessment Act 1979- Section 96 (5) (5) Threatened species

Development consent of the kind referred to in section 79B (3), or in respect of which a biobanking statement has been issued under Part 7A of the Threatened Species Conservation Act 1995, is not to be modified unless:

(a) in the case of development referred to in section 79B (3)—the requirements of section 79B (3)–(7) have been complied with in relation to the proposed modification as if the application for the proposed modification were an application for development consent, or

(b) in the case of development in respect of which a biobanking statement has been issued under Part 7A of the Threatened Species Conservation Act 1995—the applicant has made an application for modification of the biobanking statement in relation to the proposal and a new biobanking statement has been issued or the consent authority is satisfied that the modification will have no impact on biodiversity values (within the meaning of that Act).

Comment: There is no known threatened species affected by this proposal.

6. DISCUSSION AND CONCLUSIONS

The application has been thoroughly assessed under Section 96 1(A) of the Environmental Planning and Assessment Act 1979 and is appropriate for recommendation of approval subject to conditions.

7. ATTACHMENTS Schedule A- Conditions of consent.

8. RECOMMENDATION

THAT the Section 96 Modification of Consent application S96052/13 associated with 057/11DA be approved subject to the following removed, amended and addition conditions and outlined in Schedule A: Remove: 7. All building work must be carried out in accordance with the provisions of the

Building Code of Australia. In regard to the plans submitted with the development application it is noted that the floor area of the tourist facility is over 300 square metres and the following is required:- The building must comply with the requirements for Type C construction

as applicable to a class 3 building; Access and egress must comply with Section D; Services and equipment are required in accordance with Section E; Accessible facilities are required in accordance with Section F; and Energy Efficiency must comply with Section J

Amended: 1. That the development be carried out in accordance with the modification

S96052/13 application, Statement of Environmental Effects, accompanying information, plans listed in the approval and any further information provided during the process unless otherwise amended in red by Council and/or by the following conditions.

2. Prior to Stage 1 a house number must be displayed in a position clearly visible from the street, in numbers having a height not less than 75mm. (Note; Letter boxes, garden beds and the like are to be established within

the confines of the property boundaries and not on Councils footpath)

3. Prior to Stage 2 the Applicant shall prepare an information package for guests of the tourist facility which outlines the property is in a rural area surrounded by agricultural activities.

4. The proposed advertising sign not exceed a size of 0.3m2 and is not to be erected at the property until after final occupation for Stage 2 is issued.

5. That water storage tanks capable of holding 45,000 litres are provided at Stage 1 for the storage of water for domestic purposes. The water storage tank/s are to be finished to ensure compatibility with the existing development to the satisfaction of Council.

9. Measures shall be implemented to minimise wind erosion and dust nuisance in accordance with the requirements of the manual – “Soils and Construction” (2004) (Bluebook).

12. Prior to Stage 1 all access to the property off Jerrys Meadow Road shall have a

minimum of 150mm of DGB-20 road base applied and compacted providing a smooth transitional surface. Access is to be constructed providing a minimum entry splay of 6 meters in width, tapering back into a minimum 4.0 metre wide internal access road.

13. Prior to Stage 1 all access will be required to have a minimum of 160m sight

distance in both directions along Jerrys Meadow Road. If removal of trees and/or vegetation is required in order to gain necessary distance, approval must be sought from Lithgow City Council.

15. A geotechnical/water balance report for the proposed on site sewerage

management system for the dwelling/tourist facility shall be submitted to Council in the form of a Section 68 application, prior to the approval of the Construction Certificate application for Stage 1. No work shall commence on the dwelling/tourist facility until the effluent disposal system application has been approved by Council. Full details of the proposed onsite sewerage management system for the dwelling/tourist facility are required to be submitted.

22. All excavations and backfilling associated with the approved works must be

executed safely and in accordance with appropriate professional standards. All excavations must be properly guarded and protected to prevent them from being dangerous to life or property.

If an excavation associated with the approved works 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: Must preserve and protect the building from damage; and If necessary, must underpin and support the building in an approved

manner, and 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.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

24. That all plumbing and drainage work be carried out by a licensed plumber and drainer and works are to be inspected and approved by Council as the delegated regulatory authority for plumbing and drainage work within the Lithgow City Council area.

25. Prior to the use/occupation of the structure in each Stage of the development,

an Occupation Certificate must be issued by the Principal Certifying Authority. AN3. That a Section 68 Application for the installation of the solid fuel heater along

with relevant fee and manufacturer's details of the solid fuel heater complying with Australian Standards 2918, 4012 and 4013 are to be submitted to and approved by Council prior to installation.

Additional That the development be Staged as follows:

o Stage 1: Library facilities ancillary to a dwelling. No accommodation is proposed as part of Stage 1 and is not approved as part of this consent.

o Stage 2: Two bedrooms to be used as guests rooms for the tourist facility including kitchen and dining areas. The library would be utilised as the manager’s residence.

o Stage 3: Completion of the tourist facility with three bedrooms to be used as guest accommodation and one manager residence. This also includes converting the manager’s residence as part of Stage 2 back into a library.

That guest car parking is to be formed and delineated onsite prior to Stage 2

final occupation.

That minimal disturbance is caused to the site during construction works and any disturbed areas are to be generally made good and revegetated to the satisfaction of Council. Any excavated and filled areas are graded and drained and all constructed batters are to be topsoiled, and turfed. Batters exceeding a ratio of 3 horizontal to 1 vertical must be retained with retaining walls, stoneflagging or terracing prior to occupation. (Note retaining walls over 600mm in height require Development Consent).

Prior to any building works commencing a suitable Waste Container for the

deposit of all building rubbish and litter must be provided and emptied as soon as full. Building rubbish and litter must be contained on the building site.

BASIX The new works shall be constructed in accordance with, and comply with the

undertakings given on BASIX Certificate Number 352593S_06 from the Department of Infrastructure, Planning and Natural Resources.

ADVISORY CONDITIONS

That the rainwater drains are connected to water storage tanks which are located in a position that will not create a nuisance to the building or adjoining properties.

Note: Overflow pipes are to be discharged into approved drains to 600 mm wide x 600 mm deep dispersal pits, having an aggregate length of 2 metres per downpipe and be located not less than 4 metres from any building or site boundary. The pits are to be located so as to ensure that the stormwater is dispersed clear of any building and should not create a nuisance to adjoining properties

Disabled access and facilities Disabled access is to be provided in accordance with Part D, BCA 2013 (Volume

1) and AS1428.1 to the following: a) Within 1 bedroom and associated sanitary facilities. b) No less than 1 of each type of room or space for use in common by the

residents or guests, including a cooking facility, sauna, gymnasium, swimming pool, laundry room, games room, eating area, or the like and rooms.

c) Rooms or spaces for use in common by all residents for use in common by all residents on a floor to which access by way of a ramp complying with AS1428.1.

A disabled carparking space is to be provided in accordance with Part D, BCA

2013 (Volume 1). An accessible sanitary compartment is to be provided in accordance with Part

F, BCA 2013 (Volume 1). Access for disabled persons and the provision of sanitary facilities shall be in

accordance with the Building Code of Australia and Australian Standard 1428 “Design for Access and Mobility”.

Bed and Breakfast requirements The total area of all floors of the Bed and Breakfast shall not exceed 300m²

when measured over the enclosing walls and not more than 12 persons shall ordinarily be resident (Part 1.3, BCA 2013, Volume 2). The guest accommodation is available for short term paid accommodation only.

That smoke alarms and emergency lighting be installed in accordance with Part

3.7.2, BCA, 2013, Volume 2 A 3.5kg Carbon Dioxide Portable Fire Extinguisher and 1.2m x 1.2m fire blanket

are to be installed within kitchen areas of the building. It is recommended that the locks on doors in the path of travel provide egress

by single handed action on a single device without recourse to a key from the side facing the person seeking egress from the building.

Snow load The property is located in an area (elevation 1120m) subject to snow falls.

Frame and truss details from the manufacturer are to be designed and certified

for the relevant ground snow and wind loading for the area and details are to be submitted to the Certifying Authority prior to the frame inspection.

Report prepared by: Jessica Heath Supervisor: Jim Nichols Signed:……………………………………….Signed:………………………………………. Dated:…………………………………. ……Dated:……………………………… REASONS FOR CONDITIONS The conditions in Schedule A have been imposed for the following reasons: To ensure compliance with the terms of the relevant Planning Instruments To ensure no injury is caused to the existing and likely future amenity of the

neighbourhood Due to the circumstances of the case and the public interest. To ensure that adequate road and drainage works are provided. To ensure access, parking and loading arrangements will be made to satisfy

the demands created by the development. To ensure the structural integrity of the development. To ensure the protection of the health and safety of the occupants of the

development. To protect the environment. To prevent, minimise, and/or offset adverse environmental impacts. To ensure there is no unacceptable impact on the water quality. To ensure adequate soil conservation and protect against movement of soil

and sediments.

Schedule A Conditions of Consent (Consent Authority) Please Note: It should be understood that this consent in no way relieves the owner or applicant from any obligation under any covenant affecting the land.

ADMINISTRATIVE CONDITIONS

1. That the development be carried out in accordance with the modification S96052/13 application, Statement of Environmental Effects, accompanying information, plans listed in the approval and any further information provided during the process unless otherwise amended in red by Council and/or by the following conditions.

2. Prior to Stage 1 a house number must be displayed in a position clearly visible from the street, in numbers having a height not less than 75mm. (Note; Letter boxes, garden beds and the like are to be established within the confines of the property boundaries and not on Councils footpath)

3. Prior to Stage 2 the Applicant shall prepare an information package for guests of the tourist facility which outlines the property is in a rural area surrounded by agricultural activities.

4. The proposed advertising sign not exceed a size of 0.3m2 and is not to be erected at the property until after final occupation for Stage 2 is issued.

5. That the development be Staged as follows: o Stage 1: Library facilities ancillary to a dwelling. No accommodation is proposed as part of

Stage 1 and is not approved as part of this consent. o Stage 2: Two bedrooms to be used as guests rooms for the tourist facility including

kitchen and dining areas. The library would be utilised as the manager’s residence. o Stage 3: Completion of the tourist facility with three bedrooms to be used as guest

accommodation and one manager residence. This also includes converting the manager’s residence as part of Stage 2 back into a library.

6. That guest car parking is to be formed and delineated onsite prior to Stage 2 final occupation.

Minimum Capacity for domestic water Storage tanks on Rural properties 7. That water storage tanks capable of holding 45,000 litres are provided at Stage 1 for the

storage of water for domestic purposes. The water storage tank/s are to be finished to ensure compatibility with the existing development to the satisfaction of Council.

8. The applicant is to ensure that all potable water supplies used on the premises comply and are maintained to comply with the Australian Drinking Water Guidelines 6 - 2011. Prior to supplying any potable water to residents and guests the water shall be tested by an approved testing facility and confirmed as meeting the requirements of the guideline. Test reports confirming current compliance to the standard are to be furnished prior to the issue of an occupation certificate to Council and at intervals not greater than 6 months. The report shall be furnished within 2 weeks of taking samples. Should existing potable water supplies fall below the performance standards of the guidelines at any time, alternate arrangements are to be made to provide complying potable water supplies.

Bushfire 9. The development shall comply with the recommendations in the Bushfire Assessment Report by

Fragar Planning & Development dated 15 October 2012.

PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE Amenity 10. Measures shall be implemented to minimise wind erosion and dust nuisance in accordance with

the requirements of the manual – “Soils and Construction” (2004) (Bluebook).

11. That the external cladding and roofing of the dwelling are of a natural tone, non-reflective condition.

Environmental Protection 12. All soil erosion and sediment controls shall be in place prior to the commencement of

construction works. All erosion controls must remain in place until all construction work is finalised and suitable vegetation has been established. The developer will be required to remove and dispose of the sedimentation and erosion devices at the conclusion of suitable vegetation establishment at his/her full cost.

Engineering Requirements 13. Prior to Stage 1 all access to the property off Jerrys Meadow Road shall have a minimum of

150mm of DGB-20 road base applied and compacted providing a smooth transitional surface. Access is to be constructed providing a minimum entry splay of 6 meters in width, tapering back into a minimum 4.0 metre wide internal access road.

14. Prior to Stage 1 all access will be required to have a minimum of 160m sight distance in both directions along Jerrys Meadow Road. If removal of trees and/or vegetation is required in order to gain necessary distance, approval must be sought from Lithgow City Council.

15. The applicant shall ensure that during the construction works all measures are taken to eliminate/suppress any dust nuisance emanating from the site.

Onsite Wastewater Management System 16. A geotechnical/water balance report for the proposed on site sewerage management system

for the dwelling/tourist facility shall be submitted to Council in the form of a Section 68 application, prior to the approval of the Construction Certificate application for Stage 1. No work shall commence on the dwelling/tourist facility until the effluent disposal system application has been approved by Council. Full details of the proposed onsite sewerage management system for the dwelling/tourist facility are required to be submitted.

DURING CONSTRUCTION Notification of commencement of building work 17. Prior to commencing any construction works, the following provisions of the Environmental

Planning and Assessment Act 1979 are to be complied with: a) a Construction Certificate is to be obtained in accordance with Section 81A(2)(a) of the Act,

and b) 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 and Form 7 of the Regulations, and

c) Council is to be notified at least two days prior of the intention to commence building works, in accordance with Section 81A(2)(c) of the Act in Form 7 of Schedule 1 of the Regulations.

Soil Erosion 18. All exposed earthworks and disturbed areas shall have suitable sediment control measures in

place prior to the commencement of construction to prevent soil erosion and the transport of sediment off the site during rainfall and runoff. The sediment control measures shall be continually monitored and maintained for the duration of construction and for six months after completion. All disturbed areas shall be revegetated with native vegetation endemic to the area.

19. That minimal disturbance is caused to the site during construction works and any disturbed areas are to be generally made good and revegetated to the satisfaction of Council. Any excavated and filled areas are graded and drained and all constructed batters are to be topsoiled, and turfed. Batters exceeding a ratio of 3 horizontal to 1 vertical must be retained with retaining walls, stoneflagging or terracing prior to occupation. (Note retaining walls over 600mm in height require Development Consent).

Building Waste 20. Prior to any building works commencing a suitable Waste Container for the deposit of all

building rubbish and litter must be provided and emptied as soon as full. Building rubbish and litter must be contained on the building site.

Erection of Construction Sign 21. Prior to the commencement of any works on the land, a sign/s must be erected in a prominent

position on the site: a) Showing the name of the principal contractor (if any) for any building work and a telephone

number on which that person can be contacted outside working hours. b) Stating that unauthorised entry to the work site is prohibited and c) Showing the name, address and telephone number of the principle certifying authority for

the work. The sign/s are to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

Workers toilet facilities 22. Before work starts, toilet facilities must be provided for construction personnel on the site on

the basis of 1 toilet for every 20 workers. Amenities are to be installed and operated in an environmentally responsible and sanitary manner. Toilets cannot remain on site for any longer than 12 months, without the further approval of Council.

Construction inspections 23. To ensure compliance with Australian Standard 3500 – National Plumbing and Drainage and

Council (being the Water and Sewer Authority), compliance certificates are to be issued by Council for the following: a) Internal drainage carried out by licensed plumber prior to covering. b) External drainage (including onsite waste disposal system) installed by a licensed plumber

and prior to covering. c) Hot and cold water plumbing installation Note: forty-eight (48) hours notice shall be given to Council prior to inspections and inspection fees must be paid.

Construction Work Hours 24. All work on site shall only occur between the following hours:

Monday to Friday 7.00am to 6.00pm Saturday 8.00am to 1.00pm Sunday and public holidays No work

Excavation and Backfilling 25. All excavations and backfilling associated with the approved works must be executed safely and

in accordance with appropriate professional standards. All excavations must be properly guarded and protected to prevent them from being dangerous to life or property. If an excavation associated with the approved works 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: Must preserve and protect the building from damage; and If necessary, must underpin and support the building in an approved manner, and

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.

The owner of the adjoining allotment of land is not liable for any part of the cost of work carried out, whether carried out on the allotment of land being excavated or on the adjoining allotment of land.

Connection of roof water to water tank/s 26. That the rainwater drains are connected to water storage tanks which are located in a position

that will not create a nuisance to the building or adjoining properties. Note: Overflow pipes are to be discharged away from the building.

Licensed plumber 27. That all plumbing and drainage work be carried out by a licensed plumber and drainer and

works are to be inspected and approved by Council as the delegated regulatory authority for plumbing and drainage work within the Lithgow City Council area.

BASIX 28. The new works shall be constructed in accordance with, and comply with the undertakings

given on BASIX Certificate Number 352593S_06 from the Department of Infrastructure, Planning and Natural Resources.

PRIOR TO OCCUPATION/ USE 29. Prior to the use/occupation of the structure in each Stage of the development, an Occupation

Certificate must be issued by the Principal Certifying Authority. ADVISORY NOTES Building Code of Australia Compliance AN1. All building work must be carried out in accordance with the provisions of the Building Code of

Australia.

Construction Certificate AN2. A Construction Certificate is required prior to the commencement of any site or building works.

This certificate can be issued either by Council as the consent authority or by an accredited certifier.

Section 68 Approval AN3. That a Section 68 Application for the installation of the solid fuel heater along with relevant fee

and manufacturer's details of the solid fuel heater complying with Australian Standards 2918, 4012 and 4013 are to be submitted to and approved by Council prior to installation.

Threatened Species AN4. No Threatened Species or Endangered Ecological Community listed under the Threatened

Species Conversation Act 1995, the Environment Protection and Biodiversity Conservation Act 1999 or the associated Regulations are to be cleared as result of this Approval. This includes for fencing or accessways.

Water Storage AN5. That the rainwater drains are connected to water storage tanks which are located in a position

that will not create a nuisance to the building or adjoining properties. Note: Overflow pipes are to be discharged into approved drains to 600 mm wide x 600 mm deep dispersal pits, having an aggregate length of 2 metres per downpipe and be located not less than 4 metres from any building or site boundary. The pits are to be located so as to ensure that the stormwater is dispersed clear of any building and should not create a nuisance to adjoining properties

Disabled access and facilities AN6. Disabled access is to be provided in accordance with Part D, BCA 2013 (Volume 1) and

AS1428.1 to the following: a) Within 1 bedroom and associated sanitary facilities. b) No less than 1 of each type of room or space for use in common by the residents or

guests, including a cooking facility, sauna, gymnasium, swimming pool, laundry room, games room, eating area, or the like and rooms.

c) Rooms or spaces for use in common by all residents for use in common by all residents on a floor to which access by way of a ramp complying with AS1428.1.

AN7. A disabled carparking space is to be provided in accordance with Part D, BCA 2013 (Volume 1).

AN8. An accessible sanitary compartment is to be provided in accordance with Part F, BCA 2013

(Volume 1).

AN9. Access for disabled persons and the provision of sanitary facilities shall be in accordance with the Building Code of Australia and Australian Standard 1428 “Design for Access and Mobility”.

Bed and Breakfast requirements AN10. The total area of all floors of the Bed and Breakfast shall not exceed 300m² when measured

over the enclosing walls and not more than 12 persons shall ordinarily be resident (Part 1.3, BCA 2013, Volume 2). The guest accommodation is available for short term paid accommodation only.

AN11. That smoke alarms and emergency lighting be installed in accordance with Part 3.7.2, BCA, 2013, Volume 2

AN12. A 3.5kg Carbon Dioxide Portable Fire Extinguisher and 1.2m x 1.2m fire blanket are to be

installed within kitchen areas of the building.

AN13. It is recommended that the locks on doors in the path of travel provide egress by single handed action on a single device without recourse to a key from the side facing the person seeking egress from the building.

Snow load AN14. The property is located in an area (elevation 1120m) subject to snow falls. Frame and truss

details from the manufacturer are to be designed and certified for the relevant ground snow and wind loading for the area and details are to be submitted to the Certifying Authority prior to the frame inspection.