Division 2Division 2 Conditions applying to complying development certificate under this code
Note 1. Complying development must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Part.
Note 2. A contributions plan setting out the contribution requirements towards the provision or improvement of public amenities or public services may specify that an accredited certifier must, under section 94EC of the Act, impose a condition on a complying development certificate requiring the payment of a monetary contribution in accordance with that plan. Contributions may be imposed in respect of development on certain land under section 61 the City of Sydney Act 1988.
Subdivision 1 Conditions applying before works commence
5.13 Protection of adjoining areas
A hoarding or a 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 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.Note. See the entry in the General Exempt Development Code for scaffolding, hoardings and temporary construction site fences.
(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.
Subdivision 2 Conditions applying during the works
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 that is audible in any dwelling on an adjoining lot may only be carried out between 7.00 am and 8.00 pm on Monday to Saturday.
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
(1) Building materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.(2) Waste materials must be disposed of at a waste management facility.(3) The work site must be left clear of waste and debris at the completion of the works.
Subdivision 3 Construction requirements
If the complying development requires alteration to, or the relocation of, utility services on the lot on which the complying development is carried out, the complying development is not complete until all such works are carried out.
5.20 Mechanical ventilation systems
If the complying development is a mechanical ventilation system that is a regulated system in regulated premises within the meaning of the Public Health Act 1991, the system must be notified as required by the Public Health (Microbial Control) Regulation 2000, before an occupation certificate (whether interim or final) for the complying development is issued.
If the complying development is a food business within the meaning of the Food Act 2003, the food business must be notified as required by that Act or licensed as required by the Food Regulation 2004, before an occupation certificate (whether interim or final) for the complying development is issued.
5.22 Premises where skin penetration procedures are carried out
If the complying development involves premises at which a skin penetration procedure within the meaning of the Public Health Act 1991 will be carried out, the premises must be notified as required under the Public Health (Skin Penetration) Regulation 2000 before an occupation certificate (whether interim or final) for the complying development is issued.