New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(Clause 19)
Note: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 specifies complying development and the complying development conditions for that development under that Policy. The Policy has State-wide application.
Note: This Part refers to complying development not specified in State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 .
(1) General The development comprises subdivision for the purpose of creating a strata scheme under the Strata Schemes (Freehold Development) Act 1973 in relation to a building for which an occupation certificate has been issued.
(2) Parking Parking spaces must be allocated to units in accordance with the terms of any existing development consent applying to the premises.
(3) Visitor parking required to be provided under the terms of any existing development consent applying to the premises must be located within common property.
(4) Development lots The strata plan must not include any development lots, as defined in the Strata Schemes (Freehold Development) Act 1973 .
(1) Must comply with the requirements set out in Schedule 2 (Complying development) of Newcastle Local Environmental Plan 2003 that apply to the removal or pruning of trees.
(2) Despite anything to the contrary in that environmental planning instrument, the tree may be a heritage item, but only if clause 46 (3) (a) of this Plan applies and the relevant development is the pruning of the tree.
Note: Conditions are also prescribed by the regulations made under the Environmental Planning and Assessment Act 1979 .
Hours of operation must not extend beyond any existing approved hours.
Note: A current development consent applying to the premises may contain conditions on the permitted hours of operation.
The new use must be carried out in accordance with any conditions of a current development consent relating to the premises, including car parking, loading, vehicular movement, traffic generation, waste management, noise and site landscaping.
The curtilage of office premises must not be used for storage or display purposes.
The person having the benefit of the complying development certificate must give any occupier of adjoining premises at least 2 days before work begins.
Note: See also section 86 of the Act, which requires certain steps to be taken before the erection of a building begins. These include the principal certifying authority notifying the Council of his or her appointment.
(1) Run-off and erosion controls must be implemented to prevent erosion, water pollution or the discharge of loose sediment on surrounding land by:(a) diverting uncontaminated run-off around cleared or disturbed areas, and(b) erecting and maintaining a silt fence to prevent debris escaping into drainage systems or waterways, and(c) preventing tracking of sediment by vehicles onto roads, and(d) stockpiling topsoil, excavated material, construction and landscaping supplies and debris within the site.Note: Under the Protection of the Environment Operations Act 1997 it is an offence to pollute any waters.
(2) Any removal or disturbance of vegetation or topsoil must be confined to within 3 metres of the proposed building.
(1) Demolition or construction work that is audible within adjoining premises may be carried out only between the following hours:(a) Monday-Friday--7.00am and 6.00pm,(b) Saturday--8.00am and 1.00pm.
(2) No such work may be carried out at any time on a Sunday or a public holiday.
(1) Any damage caused to kerbs, guttering or footways during carrying out of work must be rectified in accordance with any requirements of the appropriate roads authority under the Roads Act 1993 .
(2) No part of any public road is to be used for storage of construction materials without the approval of the appropriate roads authority under the Roads Act 1993 .
(3) No part of any public reserve is to be used for storage of construction materials without the authorisation of the Council.
A temporary on-site toilet or access to an existing toilet on site must be provided to the site before the commencement of work.
Any work involving asbestos cement must comply with the following WorkCover Authority guidelines:
(a) Your guide to working with asbestos: safety guidelines and requirements for work involving asbestos , March 2003,
(b) Asbestos: guidelines for licensed asbestos removal contractors .
(1) Prior to commencement of the development, all necessary steps must be taken to protect street trees (including their root systems) from disturbance or damage as a result of the development, including the installation of protective chain link fencing as required.
(2) Any damage caused to street trees as a result of the development is to be rectified.
Any demolition of a building must be carried out in accordance with:
(a) Australian Standard AS 2601--2001, Demolition of structures , and
(b) any applicable requirements of the WorkCover Authority.
(1) Run-off and erosion controls must be implemented to prevent erosion, water pollution or the discharge of loose sediment on surrounding land by:(a) diverting uncontaminated run-off around cleared or disturbed areas, and(b) erecting and maintaining a silt fence to prevent debris escaping into drainage systems or waterways, and(c) preventing tracking of sediment by vehicles onto roads, and(d) stockpiling topsoil, excavated material, construction and landscaping supplies and debris within the site.Note: Under the Protection of the Environment Operations Act 1997 it is an offence to pollute any waters.
(2) Any removal or disturbance of vegetation (other than the tree) or topsoil is to be minimised.
(1) Work that is audible within adjoining premises may be carried out only between the following hours:(a) Monday-Friday--7.00am and 6.00pm,(b) Saturday--8.00am and 1.00pm.
(2) No such work may be carried out at any time on a Sunday or a public holiday.
(1) Any damage caused to kerbs, guttering or footways during carrying out of works must be rectified in accordance with any requirements of the appropriate roads authority under the Roads Act 1993 .
(2) No part of any public road is to be used for storage of construction materials without the approval of the appropriate roads authority under the Roads Act 1993 .
(3) No part of any public reserve is to be used for storage of construction materials without the authorisation of the Council.
Where practicable, a suitable replacement tree is to be planted on the property concerned in accordance with Element 4.10 of Newcastle Development Control Plan 2005 .
The WorkCover Authority's Code of Practice: Amenity tree industry (ISBN 0 7310 8738 0 , August 1998) must be complied with when carrying out work.
Trees and stumps are to be:
(a) disposed of at a waste management facility, or
(b) recycled, or
(c) disposed of as fire wood.