Agenda of Extraordinary Council Meeting

Extraordinary Council Meeting 8 October 2019

2 Notices of Motion/Notices of Rescission

2.1 Rescission Motion - DA 215/2019(1) - 36-40 Turner Crescent, Orange

RECORD NUMBER: 2019/2184

We, Cr Kevin Duffy, cr glenn taylor and cr jeff whitton wish to move the following Notice of Rescission at the Council Meeting of 8 October 2019:

Motion

That Council rescind the following resolution of the Planning and Development Committee Meeting of 3 September 2019.

2.3 Development Application DA215/2019(1) - 36-40 Turner Crescent (Centre Based Child Care Facility)

TRIM Reference: 2019/1822

RESOLVED - 19/427 Cr R Turner/Cr S Munro

That Council resolves to consent to development application DA 215/2019(1) for Centre Based Child Care Facility at Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange, pursuant to the conditions of consent in the attached Notice of Approval.

Signed Cr Kevin Duffy Cr Glenn Taylor Cr Jeff Whitton

STAFF COMMENT

Determination

Notwithstanding the subsequent information Council can only determine the development application before it. Should Council resolve to refuse the development application the applicant is then able to submit an alternative development application for determination or seek other remedies.

The application before Council does not include an option for access to Molong Road or the Northern Distributor.

Traffic

Council resolved to defer this item at the Council Meeting of 1 October 2019 following an indication from a resident that the Minister for Regional Transport and Roads had indicated the RMS would consider a proposal with access and egress onto Molong Road. As this contradicted previous correspondence from the RMS, the matter was deferred to allow time to clarify the situation with the Minister. That has occurred.

Council’s Director of Technical Services has indicated that there are a number of reasons why it is not possible or practical to provide access onto the Mitchell Highway for the Turner Crescent Child Care Development. There has been no change to this position following discussion with the Minister.

The predominant reason is Council’s obligations under the infrastructure SEPP, where safe access is available from a local road approval cannot be granted for access onto the State road network.

The reasons provided are:

1. Planning policies under the Infrastructure SEPP do not allow Council to approve access onto the State road network where safe access is already provided on the Local road network.

2. The proposed development does not have frontage to the Mitchell Highway, rather there is a parcel of land owned by Council for future widening and specifically to restrict access onto the Mitchell Highway.

3. RMS written submission on the Orange LEP includes “all childcare centres on classified roads should be avoided.”

4. RMS have given circular support in principal for the 2017 application for conditional access onto the Mitchell Highway, however the support noted Council’s obligations under the infrastructure SEPP in point 1.

5. We have been through this proposal for alternative access previously in 2017 and the option was rejected then by the developer;

6. It was pointed out by an opponent to the development that the peak hour for a childcare is actually spread over three hours. This has the effect of mitigating the traffic impact. Given this the peak vehicle counts estimated by the applicants consultant are conservatively high and the vehicle counts per hour is actually lower; and

7. The developer has a complying application for access/egress off Turner Crescent and is not proposing an alternative egress. In fact the anticipated traffic volume increase is well within the existing road capacity of Turner Crescent.

#1 Infrastructure SEPP

Council has been provided with correspondence from the RMS to the applicant referencing the below SEPP and stating that it is their preference for “vehicular access to the development being obtained via Turner Crescent.”

State Environmental Planning Policy (Infrastructure) 2007

Current version for 31 May 2019 to date (accessed 26 September 2019 at 11:30)

Part 3 Division 17 Subdivision 2 Clause 101

101 Development with frontage to classified road

(1) The objectives of this clause are:

(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

(2) The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that:

(a) where practicable and safe, vehicular access to the land is provided by a road other than the classified road ,and

(b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as a result of:

(i) the design of the vehicular access to the land, or

(ii) the emission of smoke or dust from the development, or

(iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

#2 Frontage to Mitchell Highway

Both Council and RMS have acquired land along the Mitchell Highway in the past for future widening of the State road. Council’s purchases have been for both the future widening and to restrict access along the Mitchell Highway. See below plan with the reserve in green.

If Council wished to provide access through this reserve advice from the Acting Director Corporate and Commercial Services is that there are two issues “that it is community land and has a public reserve notation. Both classifications need to be addressed.

It would seem the DA would need to be subject to the following:

1 Applicant required to obtain a LEP amendment of PART ONLY Lot 196 DP 1007290.

2 Applicant obtain RMS concurrence to allow access off Molong Road and comply with RMS requirements.

3 Applicant, following RMS and Council consent, will need to engage a private company to proceed with an LEP amendment process for removal of public reserve notation and change of classification from Community Land to Operational Land of that part of Lot 196 DP 1007290 required for access.

4 All LEP costs to be borne by the Developer including application fee, lodgement fees, plan of subdivision, registration and any legal costs incurred by Council.”

#3 RMS LEP submission

A call to RMS Manager Land Use Assessment, Mr Andrew McIntyre confirmed that RMS made a written submission to Council on the LEP when it was being considered and included “all childcare centres on classified roads should be avoided.”

#4 RMS 2017 Conditional Support

In 2017 RMS’s initial response was a strong preference for all vehicular access be from/to Turner Crescent. However when pushed on the point in the light of community pressure, gave a circular response of conditional support that was predicated on Council’s obligations under the infrastructure SEPP. As safe access can be provided from/to Turner Crescent the in principal support is provided knowing Council cannot provide access to the Mitchell Highway under the infrastructure SEPP.

Noting again Council’s obligations under section 101 of State Environmental Planning Policy (Infrastructure) 2007, RMS, in principle, would agree to the left turn only exit driveway subject to the following:

· The concrete median extend from the concrete island in Molong Road back, at least, 20 metres south of the proposed driveway.

· The concrete median is lit in accordance with AS1158.

· The left turn slip lane on Molong Rd fronting the land complies with Parts 4A and 4B of Austroads Guide to Road Design.

· Route standard 3.5 metre lane widths and the run out area adjoining the south bound travel lane on Molong Road are maintained.

· The driveway be designed for the largest vehicle required to access the development, and as much as possible, the driveway be designed to deter entry movements in and right turn movements out, whilst still providing a high level of safety for left turning vehicles exiting the site.

Please note the proposed driveway would require the prior concurrence of RMS (pursuant to section 138(2) of the Roads Act 1993). To obtain RMS concurrence, a design drawing of the driveway and median, in accordance with the above would be required.

#5 2017 Resolution

Council Resolution:

RESOLVED - 17/212 Cr R Turner/Cr S Munro

That Council defer consideration of development application DA 63/2017(1) for Child Care Centre at Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange subject to a site inspection and consideration of a possible access off Molong Road.

Access of Molong Rd / Mitchell Highway was considered in 2017 and not pursued then.

#6 Actual Traffic Mitigated by 3hour Peaks

It was pointed out by an opponent to the development that the peak hour for a childcare is actually spread over three hours. This has the effect of mitigating the traffic impact. Given this, the peak vehicle counts estimated by the applicant’s consultant are conservatively high and the vehicle count per hour is actually lower.

Even still both Council’s Technical Services staff and the Traffic and Parking impact assessment, state that “The anticipated traffic volume increase is well within the existing road capacity and will not impact on pedestrian safety.”

#7 Complying application for access/egress off Turner Crescent

Australian Childcare Solutions appealed Council’s refusal of the 2017 DA in the Land and Environment Court (LEC). Proceedings were held between October and December 2017. The appeal was dismissed by the LEC on 21 December 2017 and the application determined by refusal. The following Final Remark is made on the Court Judgement:

A lower scale development would be more respective of residential character. I find that the proposed development pushes the site beyond its capacity. A less intense use… would potentially also have the effect of removing children and play equipment from the front setback, which would increase the development’s compatibility with the surrounding residential area. A smaller centre would meet the day to day needs of residents as contemplated by the objectives of the zoning. It would also allow for more generous parking arrangements, and result in an overall less intrusive and more compatible development.

A smaller, lower, less bulky building (or buildings) could be placed on the site so as to reduce visual and other amenity impacts, including traffic movements.

The applicant has put forward a lower scale development for Council’s consideration including a Traffic and Parking impact assessment.

Council’s Technical Services Division concur with the findings of the submitted Traffic and Parking Impact Assessment, and advise as follows:

· The existing road network has sufficient capacity to cater for the 2 identified AM and PM traffic peaks. The 90 degree bend in Turner Crescent at the entrance to the development has previously been identified as a traffic consideration.

· The anticipated traffic volume increase is well within the existing road capacity and will not impact on pedestrian safety. Existing speed humps are considered adequate ‘traffic calming’ devices.

· The carpark has sufficient parking spaces to meet Council’s DCP for both staff and peak time drop off/pick-ups. As such, there is not expected to be any overflow on-street parking. Technical Services staff have previously advised that the carpark requires parking spaces to suit a high turnover user Class 3A design.

· ‘No standing’ signs are not proposed as part of the line marking works in Turner Crescent.

· The following local traffic improvements are required and have been included as conditions of consent:

1. Line marking for Mastronardi Way.

2. A raised traffic island, road surfacing and line marking at the corner of Turner Crescent (entry to child care centre) to reduce the speed of vehicles entering the site and regulate traffic flows.

3. Amendments of the carpark dimensions, aisle widths and turn bay to suit user class 3A under AS 2890.1 are considered adequate to address high-turnover car park manoeuvring and minimise bottlenecks at peak drop off/pick up times.

4. A concrete footpath is to be constructed for the full frontage of the development to Turner Crescent (condition) to cater for pedestrian traffic to the centre.

Advice from Minister Toole

From: Paul Toole
Date: 3 October 2019 at 9:41:23 am AEST
To:
Subject: Childcare

Dear Mayor,

In relation to your inquiry I can confirm that I spoke with a resident of Turner Crescent about a Childcare development being proposed at Orange City Council.

I indicated that Council is the consent authority for this proposal and that it is a matter for Orange City Council.

I indicated that if Orange City Council wanted Roads and Maritime Services to look at a different point of access then that may happen if they were asked, but this was no guarantee that that would get approval onto another road (To date Roads and Maritime has not received a formal request from the consent authority pursuant to clause 101 of 2007 ISEPP to make comment).

Having spoken to Roads and Maritime Services it would seem unlikely for this to change.

Roads and Maritime have indicated their position has not changed from their response on 29 July 2019.

Therefore, this development application is a matter for Orange City Council to consider.

If you require any further information please contact Director for Western Region Alistair Lunn from Roads and Maritime Services.

Yours Sincerely

Paul Toole

Attachments

1 PDC 3 September 2019 - Report, D19/60016 ⇩

2 Notice of Approval, D19/50931 ⇩

3 Plans, D19/50991 ⇩

4 Submissions, D19/50783 ⇩

Extraordinary Council Meeting 8 October 2019

Attachment 2 Notice of Approval

ORANGE CITY COUNCIL

Development Application No DA 215/2019(1)

NA19/ Container PR17415

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

issued under the Environmental Planning and Assessment Act 1979

Section 4.18

Development Application
Applicant Name:	Australian Childcare Solutions Pty Ltd
Applicant Address:	C/- HCC Planning 26 Riverglade Drive TAMAHERE, WAIKATO, NZ 3283
Owner’s Name:	Australian Childcare Solutions Pty Ltd
Land to Be Developed:	Lot 194 DP 1007290 - 36-40 Turner Crescent, Orange
Proposed Development:	Centre Based Child Care Facility

Building Code of Australia building classification:	Class to be determined by the PC

Determination made under Section 4.16
Made On:	3 September 2019
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	4 September 2019
Consent to Lapse On:	4 September 2024

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure a quality urban design for the development which complements the surrounding environment.

(2) To maintain neighbourhood amenity and character.

(3) To ensure compliance with relevant statutory requirements.

(4) Because the development will require the provision of, or increase the demand for, public amenities and services.

(5) To ensure the utility services are available to the site and adequate for the development.

(6) To prevent the proposed development having a detrimental effect on adjoining land uses.

(7) To minimise the impact of development on the environment.

Conditions

(1) The development must be carried out in accordance with:

(a) Architectural Drawing Nos:

16004_DA1-100_F;16004_DA1-110_F;16004_DA1-120_F;16004_DA1-200_D;16004_DA1-210_D;16004_DA1-300_C;16004_DA1-500_B (7 sheets)

Landscape Design Intent by Larc Collective;LD1-L2 – 11 (Revision E) (10 sheets)

(b) statements of environmental effects or other similar associated documents that form part of the approval

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

(2) All building work must be carried out in accordance with the provisions of the Building Code of Australia.

(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.

(4) Where any excavation work on the site extends below the level of the base of the footings of a building on adjoining land, the person having the benefit of the development consent must, at the person’s own expense:

(a) protect and support the adjoining premises from possible damage from the excavation, and

(b) where necessary, underpin the adjoining premises to prevent any such damage.

Note: This condition does not apply if the person having the benefit of the development consent owns the adjoining land or the owner of the adjoining land has given consent in writing to this condition not applying.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(5) Compliance with the requirements of Education and Care Services National Regulations shall be demonstrated on the detailed construction drawings (including a compliance schedule format) submitted with the application for a construction certificate.

(6) An approval under Section 68 of the Local Government Act is to be sought from Orange City Council, as the Water and Sewer Authority, for alterations to water and sewer. No plumbing and drainage is to commence until approval is granted.

(7) Detailed plans and specifications are to be provided specifying the proposed fitout of the food preparation and storage areas in accordance with the requirements of Australian Standard 4674-2004 "Design and construction and fitout of food premises" and Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code.

(8) The applicant is to submit a waste management plan that describes the nature of wastes to be removed, the wastes to be recycled and the destination of all wastes. All wastes from the demolition and construction phases of this project are to be deposited at a licensed or approved waste disposal site.

(9) Engineering plans providing complete details of the proposed Turner Crescent traffic island, line marking and pavement resurfacing, Mastronardi Way line marking, childcare centre driveway and car-parking areas is to be submitted to Orange City Council upon application for a Construction Certificate. These plans are to provide details of levels, cross falls of all pavements, proposed sealing materials and proposed drainage works and be in accordance with the Orange City Council Development and Subdivision Code. The plans shall also include the following details:

· Turner Crescent raised traffic island generally as per McLaren Traffic Engineering plan on sheet 2 of 5 Annexure E from report 18532.01FC dated 16 April 2019 including construction details, line marking and signage. Centreline marking west of the traffic island shall terminate at the tangent point of the inside kerb of Turner Crescent;

· Mastronardi Way and Turner Crescent line marking details generally as per McLaren Traffic Engineering plan on sheet 4 of 5 Annexure E from report 18532.01FC dated 16 April 2019. Centreline marking shall be deleted from Turner Crescent;

· Carpark driveway entry / exit raised central splitter island including construction details, line marking and signage;

· A full width reseal in 30mm AC10 asphalt of Turner Crescent for the frontage of the development, as defined by the kerb tangent points located on the inside of the bend;

· Carpark layout generally as per drawing number 16004_DA1-100_F (dated 15/08/2019) with the following amendments:

o Parking spaces numbered 1 to 8 to be clearly identified by signage or line marking as ‘staff parking only’;

o Turning bay to be clearly identified by signage and line marking as ‘turning bay’;

o Turning bay to be widened to 3.6m by including 1.0m central aisle extension;

o Central aisle and parking spaces 17 to 32 to be constructed to dimensions specified for User Class 3A in figure 2.2 of AS 2890.1 (using 6.6m aisle width option).

(10) A water and soil erosion control plan is to be submitted to Orange City Council or an Accredited Certifier (Categories B1, C3, C4, C6) for approval prior to the issuing of a Construction Certificate. The control plan is to be in accordance with the Orange City Council Development and Subdivision Code and the Landcom, Managing Urban Stormwater; Soils and Construction Handbook.

(11) The development’s stormwater design is to include stormwater detention within the development, designed to limit peak outflows from the land to the pre-existing natural outflows up to the 100 year ARI frequency, with sufficient allowance in overflow spillway design capacity to safely pass flows of lower frequency (that is, a rarer event) without damage to downstream developments. Where appropriate, the spillway design capacity is to be determined in accordance with the requirements of the Dam Safety Committee.

The design of the detention storage is to be undertaken using the DRAINS rainfall-runoff hydrologic model or an approved equivalent capable of assessing runoff volumes and their temporal distribution as well as peak flow rates. The model is to be used to calculate the flow rates for the existing and post-development conditions. The developed flows are to be routed through the proposed storage within the model so that the outflows obtained are no greater than the flows obtained for the pre-existing natural flows. A report detailing the results of the analysis, which includes:

· catchment plan showing sub-catchments under existing and developed conditions;

· schematic diagram of the catchment model showing sub areas and linkages;

· tabulation detailing the elevation, storage volume and discharge relationships; and

· tabulation for the range of frequencies analysed, the inflows, outflows and peak storage levels for both existing and developed conditions;

together with copies of the data files for the model and engineering design plans of the required drainage system are to be submitted to Orange City Council upon application for a Construction Certificate.

(12) The existing sewer manhole on the northern boundary is to be raised to the design finished surface level. Prior to a Construction Certificate being issued engineering plans for this work are to be submitted to and approved by Orange City Council.

(13) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction Certificate. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

(14) Payment of contributions for water, sewer and drainage works is required to be made at the contribution rate applicable at the time that the payment is made. The contributions are based on 4.64 ETs for water supply headworks and 8.40 ETs for sewerage headworks. A Certificate of Compliance, from Orange City Council in accordance with the Water Management Act 2000, will be issued upon payment of the contributions.

This Certificate of Compliance is to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

(15) A Road Opening Permit in accordance with Section 138 of the Roads Act 1993 must be approved by Council prior to a Construction Certificate being issued or any intrusive works being carried out within the public road or footpath reserve.

(16) Prior to the issue of the Construction Certificate an acoustic report is to be submitted to the Principal Certifying Authority and to Council, confirming the type and location of any mechanical plant proposed to be installed. The report shall confirm that the Leq15min noise level emitted from the cumulative noise impact of children playing indoors, mechanical plant and traffic on the site will not exceed 51 dB(A) at the assessment location. Where mitigation measures are required in order to achieve this noise goal, details of these measures are also to be provided within this report.

(17) Minimum 1.8 metre high solid fences are to be constructed along each of the boundaries of the external play areas to mitigate external traffic noise intrusion, as well as a minimum 1.8 metre high solid fence to be constructed along the western boundary of the proposed car parking area, as shown in Figure 6-1 of the Acoustic Assessment prepared by Wilkinson Murray (Report No. 18428 Version B) dated June 2019. Fences are to consist of standard lapped and capped timber, colorbond, or the like consistent in design with the approved plans. The existing 1.8 metre high fence located along boundary with 159 Molong is to be retained.

(18) Standard 4mm glazing is to be fitted to all external windows in order to control internal noise levels, as recommended in the Noise Control Summary (7.1) of the Acoustic Assessment prepared by Wilkinson Murray (Report No. 18428 Version B) dated June 2019. .

PRIOR TO WORKS COMMENCING

(19) Where existing fencing on the west and south boundaries of the site adjoining dwellings needs to be removed, or is of a type which does not ensure the occupants adequate privacy, new fencing of the type shown on the approved development application plans, or as referred to elsewhere in this Notice, shall be erected prior to any building or construction work being carried out upon this development.

(20) Soil erosion control measures shall be implemented on the site.

(21) A Construction Certificate application is required to be submitted to, and issued by Council/Accredited Certifier prior to any excavation or building works being carried out onsite.

(22) A temporary onsite toilet is to be provided and must remain throughout the project or until an alternative facility meeting Council’s requirements is available onsite.

DURING CONSTRUCTION/SITEWORKS

(23) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

(24) A Registered Surveyor’s certificate identifying the location of the building on the site must be submitted to the Principal Certifying Authority.

(25) All construction works are to be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans.

(26) All materials on site or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

(27) The fit-out of the food preparation and storage areas are to be installed in accordance with the requirements of Food Safety Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code and Australian Standard 4674-2004 "Design and construction and fit-out of food premises".

(28) Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.

(29) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing the development from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

(30) All driveway and parking areas are to be sealed with bitumen, hot mix or concrete and are to be designed for all expected loading conditions (provided however that the minimum pavement depth for gravel and flush seal roadways is 200mm) and be in accordance with the Orange City Council Development and Subdivision Code.

(31) A heavy-duty concrete kerb and gutter layback and footpath crossing is to be constructed in the position shown on the plan submitted with the Construction Certificate application. The works are to be carried out to the requirements of the Orange City Council Development and Subdivision Code and Road Opening Permit.

(32) A 1.2m wide concrete footpath is to be constructed for the full frontage of the development to Turner Crescent. The footpath is to be located and constructed in accordance with the Orange City Council Development and Subdivision Code.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(33) Landscaping shall be installed in accordance with the approved plans and shall be permanently maintained to the satisfaction of Council's Manager City Presentation.

(34) Car parking spaces shall be provided upon the site in accordance with the approved plans and be constructed in accordance with the requirements of Council's Development and Subdivision Code prior to the issue of an Occupation Certificate.

(35) Perimeter fencing shall be provided in accordance with the approved plans and Acoustic Assessment (Wilkinson Murray Report No. 18428 June 2019) and as amended as follows:

· 1.8m high solid fencing (Colorbond or lapped and capped timber) to the south and west boundaries adjoining the existing dwellings.

· 1.8m high solid fencing (lapped and capped timber) to the part north boundary adjacent to the car park.

· 1.2m-1.5m high timber fencing atop retaining walls to the part north boundary adjacent the outdoor play area; and east boundary. The total height of the retaining wall and fencing to external play areas adjacent the roads shall be 1.8m.

The height of fencing shall be measured from the highest finished ground level adjacent to each part of that fence.

(36) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

(37) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

(38) Where Orange City Council is not the Principal Certifying Authority, a final inspection of water connection, sewer and stormwater drainage shall be undertaken by Orange City Council and a Final Notice of Inspection issued, prior to the issue of either an interim or a final Occupation Certificate.

(39) The cut and fill is to be retained and/or adequately battered and stabilised (within the allotment) prior to the issue of an Occupation Certificate.

(40) A Certificate of Compliance, from a Qualified Engineer, stating that the stormwater detention basin complies with the approved engineering plans is to be submitted to the Principal Certifying Authority prior to the issuing of an Occupation Certificate.

(41) Certification from Orange City Council is required to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate stating that all works relating to connection of the development to Council assets, works on public land, works on public roads, stormwater, sewer and water reticulation mains and footpaths have been carried out in accordance with the Orange City Council Development and Subdivision Code and the foregoing conditions, and that Council will take ownership of the infrastructure assets.

(42) A Road Opening Permit Certificate of Compliance is to be issued for the works by Council prior to any Occupation/Final Certificate being issued for the development.

(43) The proponent shall enter into a private service agreement with a waste contractor for the collection of garage, recycling and organic waste associated the proposed development. Details of the service agreement shall be provided to Council prior to issue of an Occupation Certificate.

(44) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(45) A separate development application shall be submitted to and approved by Council prior to the erection of any advertising structures or signs of a type that do not meet the exempt development provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008.

(46) Exterior lighting shall be sited and designed to comply with Australian Standard AS 4282-1997 Control of the obtrusive effects of outdoor lighting.

(47) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

(48) Hours of operation of the childcare centre shall be between the hours of 7.00am and 6.00pm, Monday to Friday.

(49) The physical noise mitigation measures and operational management plans for the childcare centre shall be maintained for the duration of the development.

(50) The Leq.15min noise level emitted from the cumulative noise impact of mechanical plant and traffic on the site shall not exceed the background noise level by 51 dB(A) at the assessment location.

(51) The performance of the development in terms of noise, shall be verified through testing at adjoining neighbours within six (6) months of the occupation of the Centre. The applicant shall provide Council with a copy of the Verification Report and also certification that any additional mitigation works identified in the Report have been completed.

(52) Waste bins for the proposed development shall be placed in the onsite waste storage facility shown on the approved plans. These bins shall be screened from view at all times. Waste pickup from the site shall be in accordance with the approved private service agreement for the proposed development. Kerbside placement of bins in Turner Crescent is not permitted.

Other Approvals

(1) Local Government Act 1993 approvals granted under Section 68.

Nil

(2) General terms of other approvals integrated as part of this consent.

Nil

Right of Appeal

If you are dissatisfied with this decision, Section 8.7 of the Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court. Pursuant to Section 8.10, an applicant may only appeal within 6 months after the date the decision is notified.

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

*Disclaimer - S88B of the Conveyancing Act 1919 -* Restrictions on the Use of Land:**	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	PAUL JOHNSTON - MANAGER DEVELOPMENT ASSESSMENTS
Date:	4 September 2019