New South Wales Consolidated Regulations New South Wales Consolidated Regulations(Clauses 3.34, 3A.39, 3C.37 and 3D.65)
Note 1 : Complying development under the Housing Code, the Rural Housing Code, the Greenfield Housing Code and the Inland Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.
Note 2 : Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.
Note 3 : In addition to the requirements specified for development under this Policy, adjoining owners' property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.
Note 4 : If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development.
Note 5 : Under section 4.29 of the Environmental Planning and Assessment Act 1979 , a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.
A temporary hoarding or temporary construction site fence must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works--(a) could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic, or(b) could cause damage to adjoining lands by falling objects, or(c) involve the enclosure of a public place or part of a public place.
(1) Toilet facilities must be available or provided at the work site before works begin and must be maintained until the works are completed at a ratio of one toilet plus one additional toilet for every 20 persons employed at the site.
(2) Each toilet must--(a) be a standard flushing toilet connected to a public sewer, or(b) have an on-site effluent disposal system approved under the Local Government Act 1993 , or(c) be a temporary chemical closet approved under the Local Government Act 1993 .
(1) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.
(2) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.
(1) If a wall on a lot is to be built to a boundary and there is a wall (the
"adjoining wall" ) on the lot adjoining that boundary that is less than 0.9m from that boundary, the person having the benefit of the complying development certificate must obtain a dilapidation report on the adjoining wall.
(2) If the person preparing the report is denied access to the adjoining lot for the purpose of inspecting the adjoining wall, the report may be prepared from an external inspection of the adjoining wall.
Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on the surrounding land by--
(a) diverting uncontaminated run-off around cleared or disturbed areas, and
(b) erecting a silt fence and providing any other necessary sediment control measures that will prevent debris escaping into drainage systems, waterways or adjoining properties, and
(c) preventing the tracking of sediment by vehicles onto roads, and
(d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.
(1) This clause applies to each protected tree and any other tree that is to be retained on a lot.
(2) The trunk of each of the following trees must be provided with a tree guard that is comprised of hardwood timber panels each having a minimum length of 2m, minimum width of 75mm and minimum thickness of 25mm and secured, but not permanently fixed or nailed, to the tree and spaced a maximum of 80mm apart--(a) each tree that is within 6m of a dwelling house or any ancillary development that is to be constructed, and(b) each protected tree that is within 10m of a dwelling house or any ancillary development that is to be constructed.
(3) Each protected tree that is within 6m of a dwelling house, outbuilding or swimming pool must have a fence or barrier that is erected--(a) around its tree protection zone as defined by section 3.2 of AS 4970--2009, Protection of trees on development sites , and(b) in accordance with section 4 of that standard.
(4) The person having the benefit of the complying development certificate must ensure that--(a) the activities listed in section 4.2 of that standard do not occur within the tree protection zone of any tree on the lot or any tree on an adjoining lot, and(b) any temporary access to, or location of scaffolding within the tree protection zone of a protected tree or any other tree to be retained on the lot during the construction, is undertaken using the protection measures specified in sections 4.5.3 and 4.5.6 of that standard.
(5) The tree protection measures specified in this clause must--(a) be in place before work commences on the lot, and(b) be maintained in good condition during the construction period, and(c) remain in place for the duration of the construction works.
Note : A separate permit or development consent may be required if the branches or roots of a protected tree on the lot or on an adjoining lot are required to be pruned or removed.
Note : The Protection of the Environment Operations Act 1997 and the Protection of the Environment Operations (Noise Control) Regulation 2008 contain provisions relating to noise.
Construction may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no construction is to be carried out at any time on a Sunday or a public holiday.
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
(1) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.
(2) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.
(3) Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.
(4) During construction--(a) all vehicles entering or leaving the site must have their loads covered, and(b) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.
(5) At the completion of the works, the work site must be left clear of waste and debris.
(1) Any earthworks (including any structural support or other related structure for the purposes of the development)--(a) must not cause a danger to life or property or damage to any adjoining building or structure on the lot or to any building or structure on any adjoining lot, and(b) must not redirect the flow of any surface or ground water or cause sediment to be transported onto an adjoining property, and(c) that is fill brought to the site--must contain only virgin excavated natural material (VENM) as defined in Part 3 of Schedule 1 to the Protection of the Environment Operations Act 1997 , and(d) that is excavated soil to be removed from the site--must be disposed of in accordance with any requirements under the Protection of the Environment Operations (Waste) Regulation 2005 .
(2) Any excavation must be carried out in accordance with Excavation Work: Code of Practice (ISBN 978-0-642-785442) , published in July 2012 by Safe Work Australia.
(1) If the work is the erection of, or an alteration or addition to, a dwelling house, the roof stormwater drainage system must be installed and connected to the drainage system before the roof is installed.
(2) Any approval that is required for connection to the drainage system under the Local Government Act 1993 must be held before the connection is carried out.
If the work involves the construction of a swimming pool, a child-resistant barrier that complies with the requirements of the Building Code of Australia and AS 1926.1--2012, Swimming pool safety, Part 1: Safety barriers for swimming pools must be erected around that work during the construction.
(1) If during works on the land comprising the lot, the land is found to be contaminated, within the meaning of the Contaminated Land Management Act 1997 --(a) all works must stop immediately, and(b) the Environment Protection Authority and the council must be notified of the contamination.
(2) Land is found to be contaminated for the purposes of this clause if the person having the benefit of the complying development certificate or the principal certifying authority knows or should reasonably suspect the land is contaminated.Note--: Depending on the nature and level of the contamination, remediation of the land may be required before further work can continue.
If any object having interest due to its age or association with the past is uncovered during the course of the work--
(a) all work must stop immediately in that area, and
(b) the Office of Environment and Heritage must be advised of the discovery.
Note : Depending on the significance of the object uncovered, an archaeological assessment and excavation permit under the Heritage Act 1977 may be required before further the work can continue.
If an Aboriginal object (including evidence of habitation or remains) is discovered during the course of the work--
(a) all excavation or disturbance of the area must stop immediately, and
(b) the person making the discovery must advise the Chief Executive (within the meaning of the National Parks and Wildlife Act 1974 ) of the discovery in accordance with section 89A of that Act.
Note : If an Aboriginal object is discovered, an Aboriginal heritage impact permit may be required under the National Parks and Wildlife Act 1974 .
If the work involves the construction of a vehicular access point, the access point must be completed before the occupation certificate for the work on the site is obtained.
If the work requires alteration to, or the relocation of, utility services on, or adjacent to, the lot on which the work is carried out, the work is not complete until all such works are carried out.