State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
Schedule 9 Conditions applying to complying development certificates under the Demolition Code
Note 1.Complying development under the Demolition Code must comply with the requirements of the Act, the Environmental Planning and Assessment Regulation 2000 and the conditions listed in this Schedule.
Note 2.Division 2A of Part 7 of the Environmental Planning and Assessment Regulation 2000 specifies conditions to which certain complying development certificates are subject.
Note 3.In addition to the requirements specified for development to be complying development under this Policy, adjoining owners’ property rights, applicable common law and other legislative requirements for approvals, licences, permits and authorities still apply.
Note 4.If the development is in the proximity of infrastructure (including water, stormwater or sewer mains, electricity power lines and telecommunications facilities), the relevant infrastructure authority should be contacted before commencing the development.
Note 5.Under section 86A of the Environmental Planning and Assessment Act 1979 a complying development certificate lapses 5 years after the date endorsed on the certificate, unless the development has physically commenced on the land during that period.
Part 1 Conditions applying before works commence
1 Protection of adjoining areas
A temporary hoarding or 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.Clauses 2.67 and 2.68 of this Policy specify which scaffolding, hoardings and temporary construction site fences are exempt development and state the applicable standards for that development.
2 Toilet facilities
(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.
3 Waste management
(1) A waste management plan for the work must be submitted to the principal certifying authority at least 2 days before work commences on the site.(2) The waste management plan must:(a) identify all waste (including excavation, demolition and construction waste material) that will be generated by the work on the site, and(b) identify the quantity of waste material, in tonnes and cubic metres, to be:(i) reused on-site, and(ii) recycled on-site and off-site, and(iii) disposed of off-site, and(c) if waste material is to be reused or recycled on-site—specify how the waste material will be reused or recycled on-site, and(d) if waste material is to be disposed of or recycled off-site—specify the contractor who will be transporting the material and the waste facility or recycling outlet to which the material will be taken.(3) A garbage receptacle must be provided at the work site before works begin and must be maintained until the works are completed.(4) The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.
4 Adjoining wall dilapidation report
(1) If a building to be demolished is within 900mm of a boundary, and there is a wall (the adjoining wall) on the lot adjoining that boundary that is less than 900mm from that boundary, the person having the benefit of the complying development certificate must obtain a dilapidation report on the adjoining wall.(2) If the person preparing the report is denied access to the adjoining lot for the purpose of inspecting the adjoining wall, the report may be prepared from an external inspection of the adjoining wall.
5 Run-off and erosion controls
Run-off and erosion controls must be implemented to prevent soil erosion, water pollution or the discharge of loose sediment on the surrounding land by:(a) diverting uncontaminated run-off around cleared or disturbed areas, and(b) erecting a silt fence and providing any other necessary sediment control measures that will prevent debris escaping into drainage systems, waterways or adjoining properties, and(c) preventing the tracking of sediment by vehicles onto roads, and(d) stockpiling top soil, excavated materials, construction and landscaping supplies and debris within the lot.
Part 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.
6 Hours for demolition
Demolition may only be carried out between 7.00 am and 5.00 pm on Monday to Saturday and no demolition is to be carried out at any time on a Sunday or a public holiday.
7 Compliance with plans
Works must be carried out in accordance with the plans and specifications to which the complying development certificate relates.
Any demolition must be carried out in accordance with AS 2601—2001, The demolition of structures.
9 Maintenance of site
(1) All materials and equipment must be stored wholly within the work site unless an approval to store them elsewhere is held.(2) Waste materials (including excavation, demolition and construction waste materials) must be managed on the site and then disposed of at a waste management facility.(3) Copies of receipts stating the following must be given to the principal certifying authority:(a) the place to which waste materials were transported,(b) the name of the contractor transporting the materials,(c) the quantity of materials transported off-site and recycled or disposed of.(4) Any run-off and erosion control measures required must be maintained within their operating capacity until the completion of the works to prevent debris escaping from the site into drainage systems, waterways, adjoining properties and roads.(5) During construction:(a) all vehicles entering or leaving the site must have their loads covered, and(b) all vehicles, before leaving the site, must be cleaned of dirt, sand and other materials, to avoid tracking these materials onto public roads.(6) At the completion of the works, the work site must be left clear of waste and debris.