2301-33112 SRA - Response with conditions

                                                                                                    2301-33112 SRA




Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)


 No.     Conditions                                                                     Condition timing
 Development permit for material change of use for Multiple Dwelling (11 units)
 Schedule 10, part 9, division 4, subdivision 2, table 4, item 1 (Planning Regulation 2017) – Material
 change of use of premises near a State transport corridor —The chief executive administering the
 Planning Act 2016 nominates the Director-General of the Department of Transport and Main Roads to
 be the enforcement authority for the development to which this development approval relates for the
 administration and enforcement of any matter relating to the following condition(s):
 1.      Stormwater management                                                          (a) At all times.
         (a) Stormwater management of the development must ensure no
             worsening or actionable nuisance to the state-controlled road.             (b) Prior to obtaining
                                                                                        development approval
         (b) Any works on the land must not:                                            for operational work or
             (i) create any new discharge points for stormwater runoff onto             building work,
             the state-controlled road;                                                 whichever occurs first
             (ii) interfere with and/or cause damage to the existing stormwater
             drainage on the state-controlled road;                                     (c) Within 20 business
             (iii) surcharge any existing culvert or drain on the state-controlled      days of the completion
             road;                                                                      of works.
             (iv) reduce the quality of stormwater discharge onto the state-
             controlled road.

         (c) RPEQ certification with supporting documentation must be
             provided to North Coast District Development Assessment
             Team, via [email protected] (07) 5451 7055,
             within the Department of Transport and Main Roads, confirming
             that the development has been designed and constructed in
             accordance with parts (a) and (b) of this condition.
 2.      Managing Noise Impacts                                                         (a) and (b) Prior to the
         (a) Noise attenuation measures to achieve the following must be                commencement of use
             provided:                                                                  and to be maintained at
              All upper level balconies facing Myall Street must include               all times.
                 balustrades that are solid, gap-free and continuous for their
                 complete length other than gaps required for drainage
                 purposes in accordance with the Building Code of Australia.

         (b) Ground level unit fencing facing Myall Street is to be a solid gap-
             free fence, or other solid gap free structure.




 State Assessment and Referral Agency                                                                   Page 3 of 5