New South Wales Repealed Regulations New South Wales Repealed RegulationsThis legislation has been repealed.
(Clause 19)
Nothing in this Schedule applies to development on land known as Lot 12, DB 234581, No 164 Station Street, Penrith.
Note : Development standards for complying development are also prescribed by the Environmental Planning and Assessment Regulation 2000 .
(1) The development to be subdivided must have been constructed in accordance with the deemed-to-satisfy provisions of the Building Code of Australia .
(2) The subdivision layout must comply with the development consent for the completed development.
(1) Must not result in a change of building classification.
(2) Must not result in an increase in gross floor area.
(3) Must not involve external building works (other than works relating to an advertisement that is exempt development).
(4) Must be consistent with any conditions of the existing consent for the use.
(5) If within a heritage conservation area, must not be visible from a public place.
(6) Must not result in an increase in vehicular movement to and from the site, and must not generate an increase in parking demand or parking spaces required on the site.Note : See Penrith City Council's Parking Code , adopted 6 September 1971 (as amended).
(7) Must not compromise fire safety or impede access to an exit.
(1) Must not result in a change of use to a restaurant or pub.
(2) Must not be carried out on a building that is subject to existing use rights.
(3) Must not generate an increase in vehicular movement to and from the site or require the creation of additional off-street parking spaces.Note : See Penrith City Council's Parking Code , adopted 6 September 1971 (as amended).
(4) Must not involve external building works (other than works relating to an advertisement that is exempt development).
(5) Must not involve extension of hours outside the approved hours of operation.
(6) Must not involve the installation of a mechanical exhaust ventilation system.
(7) Must not generate offensive smoke or odours.
(8) Must not involve the cooking of food by barbecue or charcoal methods.
(9) If within a heritage conservation area, must not be visible from a public place.
(10) All waste generated by the development must be disposed of by a private waste contractor. Suitable provision must be made for the storage of all waste generated by the development before its disposal, with consideration being given to the type and size of waste receptacles used and the service frequency for disposal of waste.
(11) No nuisance to adjoining properties is to be caused by the storage and disposal of waste.
(12) Waste minimisation initiatives are to be carried out as part of the day to day operations.
(13) The premises are to be registered with the Council as required by the Council before the commencement of the use.
Note : Conditions standards for complying development are also prescribed by the Environmental Planning and Assessment Regulation 2000 . See also section 86 of the Act, which requires certain steps to be taken before erection of a building in accordance with a complying development certificate begins.
(1) The development must be implemented in accordance with the plans numberedand dated, the application form and any supporting information submitted with the application.
(2) A complying development certificate is valid for a period of 5 years from the date of the certificate, and will lapse unless the development to which it relates has been physically commenced within that time.
(3) Before any work is carried out on land owned by the Council, including a road reserve, consent must be obtained from Penrith City Council as the property owner as well as any other consents or approvals required under other relevant legislation.
(4) Before work is commenced, all fees associated with development on land and infrastructure owned by the Council must be paid to Penrith City Council. These fees may include road opening fees and infrastructure restoration fees.
(5) No sign, other than a sign of a kind identified as exempt development in Schedule 2, may be erected on the premises without consent.
(6) Works must comply with the fire safety schedule for the development attached to the complying development certificate.
(7) The principal certifying authority must notify all adjoining property owners and occupiers (if the occupier is not the property owner) of the intended commencement of a complying development activity at least 5 working days prior to the intended commencement date.
(8) Stamped plans, specifications and a copy of the complying development certificate must be available on site at all times during construction.
(9) Building materials must not be stored at any time on the footpath or roadway.
(1) Strata subdivision must not encroach on any statutory boundary clearances or setbacks. A survey plan prepared by a registered surveyor, showing the relative position of all buildings to the proposed boundaries must be submitted to the principal certifying authority.
(2) A compliance certificate under section 73 of the Sydney Water Act 1994 must be obtained and a copy submitted to the principal certifying authority.
(3) An application must be submitted to Penrith City Council for the issue of a strata certificate. The application is to be accompanied by the original subdivision plan and 10 copies of the plan. The following information is to be shown on each copy of the plan:(a) location of all buildings and/or other permanent improvements, and(b) statutory boundary clearances or setbacks as defined by the Building Code of Australia or as approved as part of the completed development in accordance with the development consent, and(c) all existing services wholly contained within the lot served and/or covered by an appropriate easement(s).
(4) A compliance certificate (within the meaning of section 109C (1) (a) of the Environmental Planning and Assessment Act 1979 ) to the effect that all conditions of the complying development certificate have been satisfied or met is to be obtained in relation to the development prior to the issue of a strata certificate. A copy of the compliance certificate must be submitted to Penrith City Council as part of the application for the strata certificate.
(1) All take away food or drink premises construction and works must comply with the applicable requirements of the National Code for the Construction and Fitout of Food Premises (1993) published by the Australian Institute of Environmental Health, the Food Act 2003 and the Food Regulation 2004 .
(2) Prior to the take away food or drinks premises commencing, the proprietor must ensure that:(a) an inspection has been carried out by Penrith City Council, in regard to the food premises, and(b) the business is registered with Council by submitting a "Registration of Premises" form (available from Council) to the Council.
(1) A compliance certificate (within the meaning of section 109C (1) (a) of the Environmental Planning and Assessment Act 1979 ) to the effect that all conditions of the complying development certificate have been satisfied or met is to be obtained in relation to the development prior to the issue of a strata certificate.
(2) Use of the building or part of the building must not commence before an occupation certificate (within the meaning of section 109C (1) (c) of the Environmental Planning and Assessment Act 1979 ) has been issued by the principal certifying authority. Such a certificate cannot be issued unless a final fire safety certificate has been issued for the building (clause 153 of the Environmental Planning and Assessment Regulation 2000 ). A fire safety certificate is a certificate to the effect that each essential fire safety measure specified in the current fire safety schedule (within the meaning of Part 9 of the Environmental Planning and Assessment Regulation 2000 ) for the building to which the certificate relates:(a) has been assessed by a properly qualified person, and(b) was found, when it was assessed, to be capable of performing to at least the standard required by the current fire safety schedule for the building for which the certificate is issued.
(3) All requirements of Part 9 of the Environmental Planning and Assessment Regulation 2000 relating to fire safety schedules, fire safety statements and fire safety certificates must be complied with.
(4) All materials and goods associated with the ongoing operation of the development must be contained within the building or unit at all times.
(5) Existing landscaping on the site must be retained and maintained.
(6) The finishes of all structures and buildings on the site must be maintained and any graffiti or vandalism removed or repaired as soon as practicable.