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                              NAIL BAG
OUR INDUSTRIAL HERITAGE                     truly remarkable that such diverse
                                            sites are all in our backyard. Other
On the front and back covers of             examples include Joadja – an early
this edition of the NAILBAG we have         kerosene shale mining settlement and
featured some examples of our rich          the first Fitzroy Iron Works Mittagong
industrial heritage. In what was once       established around 1848 – this was the
a predominantly farming district and        first iron works established in Australia
now a region better known around            and the earliest of the industrial sites in
New South Wales for its gardens,            Wingecarribee Shire. In addition there
pleasant rural landscapes and as a          have been mines like the Trachyte
tourist destination, we often forget both   Quarries on Mount Gibraltar, coal
our important industrial heritage and       mines and sandstone quarrying in the
our current manufacturing industries.       Bundanoon district and more.

In April we focussed on this industrial           AVAILABILITY OF
heritage in Wingecarribee Shire as
part of the 2006 New South Wales
                                                PROFESSIONAL STAFF
Heritage Festival with the theme -           Our development control professional
Industrial Heritage – Our Working            staff
Lives. This theme explored places,              • Building Surveyors
people and structures that show the             • Town Planners
history and significance of everything           • Development Engineers
from production in agriculture, factories
and mining, to transport and services,       are available to the public only
technology, manufacturing and the            between the hours of 8.30am and
building industry.                           10am Monday to Friday. Appointments
                                             must be made outside of these times.
Some of our early industrial heritage
                                             It is wise to check the staff involved
such as Berrima Blue Circle and              in DCU meetings from the table in
Bowral Bricks are still going strong         this NAILBAG. It is unlikely you will
whilst others such as the Maltings in        be able to meet one of these staff
Mittagong stand empty waiting for new        on DCU mornings, so it is best to
life and others such as the Fitzroy          choose another date, or better still
Iron Works, recently unearthed, have         make an appointment.
revealed a National treasure. It is

                                          of the depression. From 1953 to
                                          1972 a booming economy followed
                                          the completion of World War two.
                                          New machinery was purchased from
                                          England, Germany and the United
                                          States and a new tunnel kiln was
                                          installed.      This now thriving
                                          manufacturing plant had a significant
                                          influence on the Southern Highlands
                                          economy,        providing      regular
  THE BRICKWORKS HAS                      employment for 70 to 100 local people,
                                          as well as putting money into the
 BEEN PART OF BOWRAL’S                    pockets of local service providers and
    LANDSCAPE SINCE                       retailers.
       THE 1920’s
                                          Since 1972 the company has changed
In 1921 Arthur and Charles Baker          hands four times but still continues to
purchased a site beside the railway       produce bricks for the local building
in Bowral. The original company           industry and well as valuable local
F Baker and Sons, had erected its         employment under the current
first Hoffman kiln by 1922 with the        ownership of Austral Bricks.
intention of supplying the fast growing
Canberra region with vast quantities
of bricks. The company was very
strong until the 1930s depression              WE NEED PROOF OF
when building took a downturn. Times           INSURANCE COVER
were so tough that Ray Baker took
many of his workers to Eden to             Home owners warranty must be
prospect for gold to ease the financial     provided to Council prior to
burden.                                    commencement of works on the
                                           site. Inspections cannot be booked
In the 1940s two downdraft kilns           without proof of insurance being
were constructed in anticipation of        provided to Council.
a building resurgence at the end


                               NAIL BAG
Welcome to another edition of the
NAILBAG. As you work your way through
it, the range of material should once
and for all dispel any lingering doubts
about the complexity of the building,
development and planning industry. It
wasn’t always so of course, but as
community expectations have risen, so
have the obligations on both applicants
and regulators. Today there are far
greater expectations on the system
to provide sustainable environmental
outcomes. People in the local community
demand a greater involvement in the           but it bears repeating; planning and
process and associated with that comes        development assessment is about
a far more transparent process. All of        managing change to ensure positive
this is positive, but the days of “tick and   outcomes; it is not a negative process.
flick” decision making are long gone and       It is about enabling development to
overall time frames are longer.               proceed. The Council and its officers
                                              seek to ensure environmental and
There are two vital components in a           community benefit and in doing so
successful planning and assessment            are thorough in their questioning of
regime. The first is ensuring efficient         development proposals. It would be a
and comprehensive processes. Flying           mistake to confuse this thoroughness
by the seat of your pants, hoping things      with negativity…it is not. The staff and I
fall into place will only end in chaos. We    have a “can do” attitude and are here to
are continually refining and improving our     assist.
processes so that information is recorded
or disseminated as required, so that          Enjoy this edition of the NAILBAG and
decisions are made in a timely manner,        feel free to pass on any feedback or
and importantly, so that applicants           ideas for future editions.
understand the requirements of the
council. The second is fostering a                                       Scott Lee
positive culture. I’ve stated this before,    Director of Environment and Planning

   DEVELOPMENT                                        SOME DEVELOPMENT
 CONTROL PLAN NEWS                                    CONTROL PLANS ARE
In the past few months the Council has                NOW ON OUR WEBSITE
approved amendments to some of our
existing development control plans (DCP)            We are starting to move all of
and introduced a new residential DCP. In this       our development control plans onto
NAILBAG we summarise the changes and                Council’s website so you will be able
also provide a reference guide to all of the        to freely access and download the
Wingecarribee Development Control Plans.            most up to the minute information.
                                                    At the moment you can access
DCP 53                                              DCPs 12, 39, 44, 50, 53, 54 and the
Hedges are now regulated                            Residential development DCP on
                                                    our website at
Our Council has become increasingly
                                                    at no cost.
concerned about the prevalence of hedges
and vegetation used for privacy barriers, that
in turn, act as a visual obstruction to scenic    community to be able to enjoy scenic rural
rural landscape views and vistas in the Shire.    landscape views and vistas.
Such views and vistas are considered to be
an integral part of the Shire’s character and     In summary the amendment inserts a
identity and contribute to the amenity of the     definition and standards for vegetative barrier
area for both residents and visitors. It is       planting and matters Council will consider
considered that inappropriate plantings can       when assessing a DA. The main change
have detrimental environmental, social and        is that where a site has a frontage to a
economic impacts on the community.                public road exceeding 50 metres in length, a
                                                  Concept Landscape Plan must be submitted
After taking advice from Council’s Landscape      with the Development Application, specifically
Hedge Committee, Council has decided              detailing the plantings around the boundary
to amend DCP 53 – Siting, Design and              of the property, compliance with the definition
Landscaping of Rural Development. The             and standards for vegetative barrier planting
amendment took effect from 19 April 2006.         as well as any landscaping required for the
Council sees this as a means to regulate          screening of buildings or effluent or BASIX
landscaping of properties that are an ancillary   requirements. The following standards apply
activity to a dwelling (and other rural           to vegetative barrier planting:-
developments) that require a DA.                  a) They shall not exceed a maximum linear
                                                  distance of continuous planting of 50 metres;
The objective is to balance the role and value    b) There shall then be a minimum separation
of hedge plantings. That means balancing          distance of 50 metres before the next group
issues such as building, stock protection         of plantings can occur;
and heritage value with the ability of the        c) plantings not to exceed half of the total


                                   NAIL BAG
allotment frontage to a public road.                adopted by Council on 26 April and has now
Council will not approve landscape plans            come into effect. It is available at our Customer
that do not comply with the above.                  Service Centre or on Council’s website. This
DCP 53 is now available from Council’s              policy has been reviewed and amended
website (                       to incorporate new provisions relating to
                                                    rounding of figures, loading zones, loading
DCP 50                                              docks, re-development of sites and car park
Outdoor eating controls in place                    deficiency requirements. Due to the changes
                                                    to carpark design procedures, most of this
                                                    is now removed from the plan as Australian
                                                    Standards are used. A guide to designing a
                                                    carpark has been used. The advantages of
                                                    relying on the Australian Standards is that best
                                                    practice is used with no particular anomalies
                                                    for this Shire, helping standardise assessment
                                                    and decision making. The DCP also provides
                                                    expanded carparking rates for use.

                                                    RESIDENTIAL DEVELOPMENT DCP
                                                    Setting    the    standard                  for
The provisions of DCP 50 were recently              residential building
amended to comply with Australian Standards         The new Residential Development Control
relating to unimpeded access along footpaths        Plan sets out planning controls and guidelines
and other public spaces for people with a           that are to be used in the design and
disability. It is no longer permissible to locate   assessment of all types of residential
tables and chairs, merchandise displays, or         development including detached dwelling
sandwich board advertisements up against            houses, dual occupancies, cluster housing,
shop fronts unless they are surrounded by           town houses, villas and apartments across
Council approved tactile ground indicators          all relevant zoned land within the Shire. The
provided at the shop owner’s expense.               controls for detached dwelling houses under
Council prefers that these items be located         the draft DCP will not apply to residential
within a corridor at least 1800mm and no            areas covered by DCP 14 (Historic Berrima)
more than 2500mm from the shop front and            and DCP 54 (Exeter Village).
no less than 600mm from the kerb.
                                                    The aim of the DCP is to ensure that all
DCP 12
                                                    new residential dwellings in Wingecarribee
We have a new off street parking                    Shire provide a high level of amenity for
DCP                                                 their occupants, neighbours and the broader
The new amended version of DCP 12 (Off              community. The DCP places a strong focus
Street Parking Loading and Access Code) was         on ensuring that new development responds

to the existing character and enhances the         continued use of the scorecard assessment
positive characteristics of existing residential   procedure for dwelling alterations and
areas. In summary, there are five sections to       additions, but the Department of Energy,
the DCP. Section 3 sets out the controls and       Utilities    and      Sustainability     has
requirements for dwelling houses including         recommended that this approach is no
dual occupancy housing. Section 4 sets             longer supported and that the deemed to
out the controls for medium density housing        satisfy provisions, as listed in the amended
developments which include cluster housing,        DCP 39, should be used.
villas, town houses and apartments /
residential flats. Section 5 includes some          There are also currently no BASIX provisions
components previously within DCP 44 which          applying to relocated homes, so these
relate to residential and domestic type            are included. The DCP now covers non-
buildings which are ancillary to dwelling          residential usages to reflect the direction
houses and medium density housing, eg              Council has been taking with commercial
garages and habitable outbuildings. The            developments. The Australian Building Codes
main change with these provisions is an            Board intends to introduce extensive
increase in the maximum floor areas and             requirements for non-residential buildings into
heights of these buildings. Both Sections 3 and    the Building Code. The provisions relate
4 provide controls and guidelines in relation      to floor, roof and wall insulation, roof lights,
to various aspects of built form and residential   glazing, lighting and hot water, however, do
amenity including height, setbacks, deep           not include the requirement for water tanks
soil area, solar access, dwelling orientation,     and water saving devices.
views and privacy, materials and colours and
private open space. In addition, the section
                                                   DCP 44
relating to medium density development also
covers controls relating to site amalgamation,     Requirements for the erection of
density, dwelling mix, building separation,        buildings
resident and visitor parking and other issues      This is a technical document that prescribes
which are relevant to medium density               a number of Council policies and directives.
development. In comparison to the previous         The amended document
DCPs 18 and 20, the proposed draft                 (a) removes a number of superseded
Residential DCP is far more comprehensive              provisions;
in dealing with a greater variety of design        (b) removes elements that are now located
elements and considerations.                           within, or conflict with, the new
                                                       Residential DCP;
DCP 39                                             (c) amends some remaining provisions
Energy Smart Buildings                                 (shown underlined);
The plan has been updated to remove                (d) increases the assessed value of
buildings where BASIX now or soon will                 development (Appendix 6) for the
apply.    Wingecarribee Shire Council                  purposes of fee calculation.


                         NAIL BAG

WINGECARRIBEE DCP                    This DCP provides guidelines and
RESIDENTIAL DEVELOPMENT              development standards for detached
                                     dwelling houses, dual occupancies,
                                     cluster housing development and medium
                                     density development

WINGECARRIBEE DCP No 6            Stipulated development guidelines /
HUME HIGHWAY, BRAEMAR & BALACLAVA specifications for selected areas.

WINGECARRIBEE DCP No 7               Stipulates regulations for the erection of
BERRIMA SIGN CODE                    signs within parts of historic Berrima village.

WINGECARRIBEE DCP No 8               To provide guidelines and development
EAST BOWRAL                          standards for the East Bowral area.

WINGECARRIBEE DCP No 10              Provide guidelines for dog control.

WINGECARRIBEE DCP No 12              To control the provision of on-site parking
OFF-STREET CAR PARKING, LOADING      facilities within the Shire of Wingecarribee.

WINGECARRIBEE DCP No 14              To provide guidelines and development
HISTORIC BERRIMA                     standards for all development within the
                                     Historic Berrima visual catchment area.

WINGECARRIBEE DCP No 16              Provides guidelines and planning standards
RURAL & RESIDENTIAL                  for rural & residential zones prescribed
DEVELOPMENT STANDARDS                within Wingecarribee LEP 1989.

WINGECARRIBEE DCP No 19              Provides guidelines and development
MOTELS                               standards for the development of motels.

WINGECARRIBEE DCP No 21              To limit the proliferation of professional
PROFESSIONAL CONSULTING ROOMS        consulting rooms and health care
                                     professionals within residential zones
                                     immediately to the east and south of the
                                     Bowral sub-regional commercial centre.


WINGECARRIBEE DCP No 32         Provides Council’s architectural
MITTAGONG TOWNSCAPE             requirements for redevelopment and new
                                development in Mittagong Town Centre

WINGECARRIBEE DCP No 33         Sets out Council’s requirements for
ADVERTISING AND SIGNAGE         advertising sign control.

WINGECARRIBEE DCP No 34         Sets out Council’s requirements for the
MANAGING OUR FLOOD RISKS        development (including extensions &
                                alterations to existing buildings) of
                                potentially flood affected land.

WINGECARRIBEE DCP No 38         Sets out Council’s requirements for residential
ANGLEWOOD ESTATE, YEAN STREET   development on the subject land

WINGECARRIBEE DCP No 39         To ensure that buildings in the Shire
ENERGY SMART BUILDINGS          are more comfortable to live or work in;
                                uses less energy; costs less to run; and
                                contributes positively to an overall reduction in
                                greenhouse gas emissions and water usage.

WINGECARRIBEE DCP No 40         Sets out Council’s requirements for
MOSS VALE TOWN CENTRE           redevelopment (including alterations and
                                extensions to existing buildings) and new
                                development within the Moss Vale Town Centre.

WINGECARRIBEE DCP No 41         Provide guidelines to ensure that the
DEVELOPMENT & SUBDIVISION       appropriate engineering standards and
–ENGINEERING STANDARDS AND      planning principles are applied to the
PLANNING GUIDELINES             design & construction of subdivision & other
                                development throughout the Shire.

WINGECARRIBEE DCP No 44         Sets out Council’s requirements for the
REQUIREMENTS FOR THE            erection of all buildings within the Shire that
ERECTION OF BUILDINGS           are additional to those stipulated in State

WINGECARRIBEE DCP No 45         Outlines Council’s protocols and procedures
PUBLIC NOTIFICATION OF          in the notification of development proposals.


                           NAIL BAG

WINGECARRIBEE DCP No 46             Sets out Council’s requirements for urban
BOWRAL TOWN CENTRE –                design, redevelopment and new development
URBAN DESIGN AND                    within the Bowral Town Centre

WINGECARRIBEE DCP No 47             Sets out Council’s requirements for
ROBERTSON                           development, subdivision and conservation
                                    within the Robertson village

WINGECARRIBEE DCP No 48             Sets out Council’s requirements for infrastructure
BEACONSFIELD ROAD, MOSS             planning for residential development on certain
VALE – DEVELOPMENT AREA             land in Beaconsfield Road, Moss Vale.

WINGECARRIBEE DCP No 49             Sets out Council’s requirements for waste
WASTE MINIMISATION AND              minimisation and management.

WINGECARRIBEE DCP No 50             Sets out Council’s requirements for the use of
OUTDOOR EATING AREAS AND            public outdoor spaces for specified commercial
OTHER COMMERCIAL USES OF            purposes for out door eating, external
COMMUNITY LAND                      merchandising and footpath based signage.

WINGECARRIBEE DCP No 51             Sets out Council’s requirements for wind
WIND ENERGY GENERATION              energy generation facilities.

WINGECARRIBEE DCP No 52             Sets out Council’s requirements for residential
DEVELOPMENT PLANNING &              development and subdivision for 5 distinct
SUBDIVISION GUIDELINES -            precincts in Bundanoon.

WINGECARRIBEE DCP No 53        Sets out Council’s guidelines for the siting,
SITING, DESIGN AND LANDSCAPING design and landscaping for development in
OF RURAL DEVELOPMENTS          non-urban zones of the Shire.

WINGECARRIBEE DCP No 54             Sets out Council’s requirements for
EXETER VILLAGE                      redevelopment (including alterations and
                                    extensions to existing buildings) and new
                                    development in Exeter

     BASIX BECOMES MORE                                            A BASIX certificate is required for all
                                                                   applications for alterations and additions
           COMPLEX                                                 from 1 July 2006.

From 1 July 2006 the following new BASIX
provisions come into effect.
                                                                   New FAQ database
                                                                   Now available on the website is a new
• The new BASIX Alterations and
                                                                   searchable database of Frequently Asked
   Additions tool.
                                                                   Questions, called the BASIX Knowledge
• A proposed increase in the reduction                             Base. This database can be used either as
   in greenhouse emissions from 25% to                             a search engine for a specific question, or
   40% for dwelling houses.                                        to browse various categories. Try it out at:
• New provisions for offsetting water                    
   demand from swimming pools.
                                                                   BASIX Completion Receipt
BASIX Alterations and Additions                                    In line with it’s commitment to monitoring
tool                                                               BASIX outcomes, the Department of Planning
The BASIX for Alterations and Additions tool                       is now working with energy and water utilities
sets specific building and fixture conditions                        to fully determine the extent to which BASIX
based on the type of project, to ensure energy                     is delivering on the forecasted energy and
and water efficiencies, and improved thermal                        water savings.
comfort. The policy only applies to the new                        Critical to this process is the BASIX
part of the dwelling and has been designed to                      Completion Receipt, a new system that will
be cost-effective and practical to implement.                      identify completed and occupied BASIX-
Information is available on the website that                       compliant homes. From 1 July 2006, the
provides an indication of the BASIX conditions,                    BASIX Completion Receipt will be a
based on region. There may be some variation                       mandatory component of the reporting
to these conditions in the final tool, but these                    process, once an Occupation Certificate has
will be minimal. The information is divided into                   been issued.
two sections: FIXTURES + CONSTRUCTION                              The BASIX Completion Receipt system
conditions and POOLS + SPAS conditions.                            requires input from all Principal Certifying
The final tool is currently under development                       Authorities (PCAs) – both local councils and
and is expected to be available on the website                     accredited, private certifiers.
in early June.                                                     This process is fast, simple and user-friendly
For more information:                                              and has been developed to align with existing
h t t p : / / s u s t a i n a b i l i t y. n s w . g o v . a u /   processes under the Environmental Planning
information/alts_adds.jsp                                          and Assessment Regulation 2000.
If you have any questions regarding BASIX                          The Department has written to all PCAs,
for Alterations and Additions, please contact                      advising them of the Completion Receipt
the BASIX Help Line on 1300 650 908 or                             requirement. Feedback from workshops held                                             last December showed general support for
                                                                   the scheme.


                                        NAIL BAG
All enquiries regarding the BASIX                logo, the launch included a style guide,
Completion Receipt should be directed            the creation of print advertising
to: Andrew Cole, Sustainability Unit,            templates, regional signage, general
Department of Planning, ph (02) 9228 6456,       media       taglines  and     corporate                 stationary.

Multi-Unit Residential Buildings                 “The goal is to strengthen the market
Energy and Peak Demand                           presence of Tourism Southern Highlands
                                                 to its target markets and create a
The full multi-unit study is now available on
                                                 clear      and    noticeable    corporate
the BASIX website (previously, the edited        communications strategy to grow the
published version was on-line). Go to the        brand awareness and increase visitors
Multi-Unit section in the BASIX Knowledge        to the area,” said Executive Tourism
Base and download the study.                     Manager, Steve Rosa, explaining that
                                                 the designer created a friendly symbol,
                                                 using curves and smile shapes in
  The BASIX website has an online
    tutorial and other resources to              the new logo.        The actual design
       help people complete the                  incorporates European flora, seasonal
              assessment –                       changes, magnificent vegetation, rolling                     hills as well as Australian vegetation.
     You can also ring the BASIX                 This brand will feature on signage
  helpline during business hours on              throughout the shire, including new
              1300 650 908.                      welcome signs at the major entrances.
                                                 But it also provides an opportunity for
                                                 local businesses to use it for other
 YOUR BUSINESS COULD                             purposes like branding agricultural or
 USE THE NEW SOUTHERN                            manufactured products that go out of the
                                                 area and also as part of local business
                                                 promotion. It is important, however,
                                                 to understand that the logo belongs to
                                                 Tourism Southern Highlands and people
                                                 need to seek permission to incorporate
                                                 it in their own promotion. It won’t cost
                      N E W S O U T H WA L E S
                                                 you any money and it is encouraged,
                                                 but it is important that if you are keen
Recently we launched a new corporate             to incorporate this logo in your business
identity and brand for the Southern              promotion to first run it past Tourism
Highlands. Apart from the new brand              Southern Highlands.

 NEW PLANNING REFORMS                          Standard Local            Environment
                                               Plan (LEP)
Environmental Planning and                     The     Standard      Instrument     (Local
Assessment Amendment Bill                      Environmental Plans) Order 2006 was
                                               gazetted by the New South Wales
2006                                           Government on 31 March 2006. This
This Bill was passed by the NSW                order effectively introduces the Standard
Parliament on 29 March 2006. The               Local Environmental Plan (LEP). This
Bill is designed to reduce delays and          follows the exhibition of a draft standard
costs in the assessment of development         LEP, which was publically exhibited late
applications, help provide infrastructure      last year. An analysis of more than 600
and other amenities, and coordinate local      submissions showed that the majority of
and State planning controls. Some of the       councils supported the general concept
features of the Bill include:                  of standardising the State’s planning
                                               language. A number of amendments and
 •   Permits the Minister to appoint
                                               additions have been made to the Standard
     Planning    Administrators   and
                                               LEP in response to the submissions.
     Planning Assessment Panels to
                                               The idea is for Councils to use the
     respond to unsatisfactory Council
                                               Standard LEP when they produce their
                                               new principal LEPs in the next 5 years
 •   Enables the levying of special            and Wingecarribee shire is well situated
     infrastructure contributions in special   to be one of the first councils out of the
     contribution areas                        blocks.

 •   Enables the Minister to direct a          The new Standard LEP will still allow
     council, or act on council’s behalf, to   the flexibility for Councils to add their
     make, amend or repeal a council’s         own local provisions to address particular
     development control plan or               local planning issues. Councils will have
     contributions plan                        the flexibility to control the scale of
                                               development within the different zones,
More information on the Bill as it was         including the right to specify different
introduced into the Legislative Assembly       height or building limits in specific streets
can be found on the Department of              or localities.
planning_reforms/index.asp                     More details on the Department of


                                NAIL BAG
Existing Use Rights changed                     SIGNIFICANT CHANGES TO
The     Environmental      Planning     and      THE BUILDING CODE OF
Assessment (Existing Uses) Regulation
2006 was gazetted by the NSW                           AUSTRALIA
Government on 29 March 2006. This
changes existing use rights regarding the      There have been some amendments to
ongoing development and use of land.           the Building Code of Australia that will be
The thrust is that an existing use can no      of interest to private certifiers, developers
longer be changed to another prohibited        and builders. Full details are available on
use, unless the zoning is also changed to      the Department of Planning website, but
permit that use. Existing use, however, can    in a nutshell, applications for construction
be changed to a use that is permissible.       and complying development certificates      received after 1 May 2006 must comply
planningsystem/practicenotes.asp               with BCA 2006, except for the new
                                               energy efficiency provisions of part J for
                                               commercial buildings (classes 5 to 9),
  CERTIFIERS CAN’T ISSUE                       which are subject to a six month transition
     RETROSPECTIVE                             period.
                                               Basically, the changes to volumes one
      CERTIFICATES                             and two included in BCA 2006 are
                                               some relatively minor editorial and
The Building Professionals Branch of the       technical changes, but also some major
NSW Department of Planning confirm that         components, including:
a construction certificate cannot be issued
after work has begun. Section 108F of the      • Update of referenced Australian and
EP & A Act has been amended to provide           Australian/New Zealand standards to
that a construction certificate has no effect     include new and amended versions.
if it is issued after the building work or
subdivision work to which the certificate       • New provisions for energy efficiency for
relates is physically commenced. These           commercial buildings (classes 5 to 9).
amendments followed a court decision
in the matter of Marvan Properties v           • Enhanced energy efficiency provisions
Randwick City Council (2005) NSWLEC 9.           for residential buildings and parts
It is stressed that it is an offence under       (classes 1, 2, 3 and 4).
the EP & A Act to commence building            • New provisions for national testing
or subdivision work before a construction        regime for buildings in cyclonic areas.
certificate is issued and Council or a
Private Certifier cannot legally issue one
after the event.

IF IT’S GOT A BED IT NEEDS                        Shared accommodation
        A FIRE ALARM                              Class 1b (small boarding houses, guest
                                                  houses,         hostels;     backpackers
From 1 May 2006 smoke alarms are to               accommodation; bed and breakfasts. Note:
become mandatory in all buildings in which        buildings under 300m2 and in which not
people sleep. Presently, smoke alarms are         more than 12 people sleep).
mandatory for all new buildings and in some       Class 3 (large boarding houses, guest
instances when buildings are altered or their     houses,         hostels,       backpacker
use changed.                                      accommodation, residential parts of hotels,
From May 1 2006, owners affected by the           motels, schools, health care buildings,
new laws will be responsible for ensuring         detention centres; certain residential
smoke alarms are installed.                       accommodation for the aged, children and
Most building fire fatalities occur while people   people with disabilities)
are asleep. A smoke alarm is an effective         Class 9a health care buildings (hospitals
warning device designed to detect smoke           and nursing homes).
and alert building occupants to a fire, and to
increase the time available for safe escape.      These buildings will need to be compliant
The new regulation will apply to the following    with Australian Standard AS 3786; which
BCA class of building used;                       requires smoke alarms to be;
                                                  • hard wired to the mains electricity power
                                                     supply (with battery back up) or;
Private dwellings                                 • Powered by a non-removable 10 –year
Class 1a (detached houses, terrace houses,           long –life battery permanently connected
town houses, villa units);                           to the smoke alarm. (building owners
Class 2 (apartments, home units, flats);              choice).
Class 4 (caretakers flats, single residences
above shops);                                     Some owners of private dwellings may have
Relocatable homes (manufactured homes             already installed smoke alarms that are not
& moveable dwellings, but not tents,              AS 3786 compliant. These are considered
campervans, caravans or the like).                acceptable, but only if they were installed
These buildings will need to be compliant         prior to the 1 May 2006, and only until
with Australian Standard AS 3786, which           they cease to function or are removed.
requires smoke alarms to be                       This acceptance is conditional upon those
• Hard-wired to the mains electricity power       smoke alarms being installed in locations
    supply (with battery back up) or,             that comply with the new Regulation. If they
• Powered by a battery (building owners           are not installed in the right locations they
    choice).                                      may have to be moved or additional alarms
If you are building a new house or adding         installed to comply with the new Regulation.
to an existing house, hard wired alarms
are required.


                                   NAIL BAG
In the case of shared accommodation, smoke         It is not expected that any Regulatory
alarms must comply with AS3786-1993                authorities will have to play a significant
Smoke Alarms. The new Regulation,                  enforcement role. However, fines for failure
however limits the power source options for        to install smoke alarms will apply after a
smoke alarms in these types of premises.           six month compliance period. After 1 May
Smoke alarms in these buildings must be            2006 it will be an offence to interfere with or
either hard-wired to the mains electricity         remove an existing smoke alarm, unless it is
supply or powered by a non removable, 10-          it to repair, maintain or replace the alarm.
year long-life battery that is permanently
connected to the smoke alarm. These                Further information is available on line at
more stringent requirements apply to these, or phone Smoke
buildings because they are more likely to          Alarms Helpline on 1300 858 812 or email
accommodate persons not familiar with their, or ring
surroundings or who would need assistance          Wingecarribee Shire Council on 48680888.
to escape in the event of fire.

Information is available on where to locate             YOU CAN BOOK YOUR
smoke alarms, however due to the complexity          INSPECTIONS AFTER DARK
and variety of situations applicable, a detailed
description will not be given here.                 We have an after hours booking service
                                                    for building inspections. Phone any
Most battery-powered smoke alarms can               time of the day and night quoting
be easily installed by the home owner or            your landuse application number, your
maintenance contractor and do not require           name, a contact number, the type of
professional installation. Hard-wired alarms,       inspection, address of the property
however, will need to be installed by a             and the day you would like the
licensed professional.                              inspection. For applications made prior
                                                    to 2001, the files are archived, so please
No formal approval is required to install           allow us some time to retrieve the files. If
smoke or heat alarms. The responsibility            you phone before 8.15am, the inspection
for ensuring functioning smoke alarms are           can be booked for that day, provided
installed in relocatable homes and the              the file is more recent than 2001. If you
buildings and parts of buildings to which           phone after 8:15 am the inspection will
the Regulation applies rests with the owner         be booked for the following day.
of the home, building or part as relevant
and as stated in the new Regulation for the                           Phone
respective building types.                                        4868 2857
                                                            twenty four hours a day
The NSW Government intends to encourage                       to make a booking.
people to comply through public education.

There is a common misconception in the
community that when the Bush Fire Danger
Period ends all restrictions on burning off
are lifted. The truth is that while Council
does issue general approvals outside the
Bush Fire Danger Period for the burning
of dead and dry vegetation arising from
normal garden and property maintenance
these approvals do not apply to vegetation
cleared for land sale, building construction,
commercial      development       such     as
subdivision or major landscaping works.
Anyone wanting to burn vegetation in these      We have just the one new face working
circumstances must obtain a particular          in development control since posting out
written approval from Council. Council          the last NAILBAG and that is development
will only grant such an approval in an          control engineer, Ryan Kalkman. Ryan
exceptional case – if, for example, it is       has resided all his life in the Wollongong
not possible to gain vehicular or other         area and completed his Civil Engineering
mechanical access to the vegetation so          degree at Wollongong University last
that it cannot be removed to an approved        year.
waste facility or chipped on site. It is very
important to be aware that it is illegal
to burn any vegetation which is cleared
unlawfully and that it is an offence to burn      BIG FINES FOR DUMPING
anything in the open or in an incinerator            BUILDING WASTE
without taking practicable steps to prevent
or minimise air pollution. Council Rangers      Fines ranging from $750 to $5000 apply
may order the extinguishment of polluting       to both owners and transporters who
fires and fires lit without approval. They        are caught dumping builders waste. As
may also issue on-the-spot fines.                well, people who permit their land to be
                                                used as a waste facility will receive fines
Further information about burning off           ranging from $1500 to $5000. Builders are
can be found on Council’s website at            reminded that waste must be disposed of or obtained from             in accordance with the waste management
Ken Ferrier at Council’s Environment and        plan set out in the land use application.
Health Branch on 48680866.


                             NAIL BAG
                     DEVELOPMENT CONTROL STAFF
               The Manager of Development Control is Peter Mitchell

                                                     BUILDING           DCU DAY
    DISTRICT          TOWN PLANNER ENGINEER         SURVEYOR           (8.30am to
                                                    (inspections)       10.30am)
                        Commercial, industrial,                         By prior
                                                     All types of
                          medium density and                          appointment
                        subdivision applications                         only
    SOUTH                Michael       Geoff Wood   Darren Morris       Tuesday
   Moss Vale,         Carpenter and                                      Michael
Southern Villages,    Shannon Webb                                    Carpenter and
  Canyonleigh,                                                         Geoff Wood
 Burrawang and
  Fitzroy Falls

CENTRAL EAST           Peter Malloy      Ryan       John Parkinson     Wednesday
Bowral, Burradoo,                       Kalkman                      Peter Malloy and
  Kangaloon,                                                          Ryan Kalkman

      NORTH           Graeme Hewat     Peter Nunn   Heather Michie   Thursday
Mittagong, Berrima,                                  (3 days) and  Graeme Hewat
   New Berrima,                                     David Herring and Peter Nunn
 High Range and
Northern Villages.

          Building Surveyor                             David Herring
             (Shire wide)

        Senior Building Surveyor                       Warren Hodder
             FIRE SAFETY
               (Shire wide)

(For detached residential and outbuildings and construction certificates for all buildings).

                 SOUTH AND EAST                                Evonne Cole (3 days)
 Moss Vale, Southern Villages, Berrima, New Berrima,         Catherine Froome (2 days)
 Canyonleigh, Burrawang and Fitzroy Falls, Robertson,
             Kangaloon and High Range
                BOWRAL AND NORTH                                     Robert Hall
              Bowral, Burradoo, Mittagong,
                 and Northern Villages.
              FAST TRACK ASSESSMENT                                Daniel Cleland
                     (Shire Wide)

 OUR GENERAL MANAGER                           qualifications in both the engineering and
                                               economic fields. In his spare time Mike
       MIKE HYDE                               enjoys running, bushwalking and history.
For those of you who haven’t yet met our
General Manager, Mike Hyde, let us tell you
a bit about the man behind the job. Mike
began with us in late January, replacing
David McGowan, who left us late last
year. Before starting at Wingecarribee shire
Mike was the Director of City Services at
Wollongong City Council, a position he held
for the past five years. Prior to moving
into local government, Mike was with the
Sydney Olympic Co-ordination Authority
as the senior director of site service at
Homebush Bay and before that had a
twenty seven year army career.
                                               “Within the environment and planning
One of his objectives in the job will be to    directorate I will be focussing on helping
work to bring the community, councillors       our staff to provide a high level of service
and council together. That is his number
                                               and a responsive level of service, bearing
one priority and his second priority is “to
                                               in mind the resource constraints applied
help get the economic development needed
                                               by the recent budget cuts.”
in the area to ensure continued growth for
the benefit of the shire.” He has a range of                General Manager Mike Hyde


                                NAIL BAG
     WATER AND                                 infrastructure works. This will be achieved
                                               by checking on booked inspections, and
  SEWERAGE UPDATES                             also on a random basis, the quality of
                                               materials and construction works.
A new liquid trade waste policy
Wingecarribee Shire Council has adopted        Water    and    sewer             developer
a new liquid trade waste policy in following   contribution plans
the Department of Energy Utilities and         Section 64 of the Local Government Act
Sustainability guidelines. As part of the      1993, permits local water utilities to levy
implementation of this policy, Councils        developer charges for water supply and
Trade Waste Officer, Doug Stratford, will be    sewerage services.
inspecting existing businesses to confirm
compliance with existing approvals and         These developer contributions are for
possible need for new approvals. If people     maintaining and augmenting water supply
wish to discharge liquid trade waste to the    and sewerage infrastructure to meet the
sewerage system they first must, under          demands generated by future development.
Section 68 of the Local Government Act
1993, obtain prior approval from Council.      As part of the development of thirty
Discharging liquid trade waste without an      year strategic plans for water supply and
approval is an offence under section 626       sewerage services, Wingecarribee Shire
of the Act. Developers, contractors and        Council’s developer contributions plan has
plumbers undertaking work on commercial        been reviewed (following the guidelines
premises and business owners are               prepared by the Department of Energy,
encouraged to contact Doug Stratford on        Utilities and Sustainability) and updated
4868 0888 to see if an application will be     in line with predicted population growth
required and what discharger category the      and the effects this may have on providing
business or premises falls under. For larger   an acceptable level of service to its
volume and/or higher risk businesses,          customers.
Council must refer the application to
the Department of Energy Utilities and         It is anticipated that the thirty year strategic
Sustainability for their concurrence.          plans (including the revised developer
                                               contributions plan) will be presented to
Water and Sewerage Standardisation             Council for consideration in June.
and Quality Control
Our Technical Services division has a          Work as Executed information is
Water and Sewer Asset Inspector and his        required from developers.
role includes working on further improving     To enable Council to accurately record
Standards/standardisation and Quality          details of new Water and Sewage
Control Systems over Water & Sewer             infrastructure, (eg pipelines, pumping

stations etc) developers of properties          Council is currently working on the
are required to supply Council with the         implementation of a Geographical
following details;                              Information System (GIS) to accurately
                                                capture all of its Water and Sewerage
1.    Plan View Work as Executed (WAE)          infrastructure. When this system is suitably
      drawings, with long sections where        developed there will be a requirement that
      required of all work constructed. Must    all Work as Executed plans must include
      show streets, street names, allotment     an electronic copy that is compatible with
      numbers and easement locations.           Councils GIS system. Developers will be
2.    North Point.                              notified when this procedure will become a
                                                mandatory requirement.
3.    Type of asset constructed. (eg
      watermain, pumping station, access
      chamber etc).
                                                      WHO NEEDS AN
4.    Location and date of installation,
      details of licensed contractor who           ENGINEERING DEGREE
      completed the installation.                   WHEN YOU’VE GOT A
5.    Name of Council supervisor who                    DONKEY?
      inspected the asset.
6.    Accurate       measurements        from    A neat little yarn from the Institute of
      permanent landmarks to the newly           Engineers about one of their colleagues
      created     assets.     (eg    property    using all manner of sophisticated
      boundaries).                               instruments to calculate the alignment
7.    Depth to invert of all pipelines, sewer    of a remote mountain road in Nepal.
      junctions, access chambers and pits.       A villager who had been watching
      Cover over pipelines.                      the engineer with much curiosity
                                                 approached him.
8.    Size, type and classes of materials        “What are you doing, Sir?”
      used.                                      “Finding the alignment of the road,”
9.    Type of bedding and encasement             said the engineer politely.
      material used on pipelines.                “But why are you using all these
10.   Testing procedures used for new            instruments?” the villager persisted.
      assets and results obtained.               “How would you do it then?” asked the
11.   Disinfection techniques used on            engineer. “We’d hold a carrot in front of
      potable watermains constructed.            a donkey, Sir, then chart its route up
                                                 the mountain.”
12.   Measurements between point assets
                                                 “What if you couldn’t get a donkey?”
      (eg valves, hydrants, manholes).
                                                 “Then, Sir, of course we’d have to get
13.   Measurements from downstream               an engineer.”
      manhole to sewer junctions.


                                NAIL BAG
      OUR ENTERPRISE                            Some areas will be suitable for large
                                                industrial and other more visually
    PRECINCT HAS GREAT                          prominent areas will seek out high quality
        POTENTIAL                               business park developments suitable for
                                                placement in a rural environmental setting.
One of the most significant innovations in our   It is likely that certain precincts within
strategic plan is provision for a specifically   the zone will emerge where similar
zoned Enterprise precinct roughly across        development types locate, with over the
the area previously known as the New            long term, this would lead to greater
Berrima/Moss Vale Industrial Corridor, which    efficiencies in the use of the land within
has been in place since 1989.                   the area.

A recent feasibility study found that the       The next steps will be formal zoning of
site has the potential to be a regionally       the precinct, a development control plan,
significant employment centre considering        then some serious infrastructure planning
the precinct covers around 600 hectares         which will include a developer contributions
with the locational advantages to Sydney,       plan that seeks to effectively stage the
Wollongong and Canberra. Apart from             provision of required infrastructure for the
the proximity to the Illawarra Highway and      Enterprise precinct, at no cost to the
the South Western Freeway, the precinct         Council.
will utilise the Illawarra Railway to access
Port Kembla. Council believes it will be a
successful development site over the next
5 -10 years.                                              THE VALUE OF
                                                         BUILDING WORK
The Enterprise precinct will make provision
for a range of development opportunities
                                                  It is important to place realistic
for large scale enterprises including (but
not limited to):-
                                                  amounts on the value of building
• transport and storage facilities (inter-        work when lodging a landuse
    modal facility),                              application form. Council staff will
• technology efficient manufacturing and           check the estimated value placed
    food processing,                              on applications and where they are
• technology based businesses including           understated, additional fees will be
    research and development facilities,          requested, delaying processing of
    software production houses and call           the application. A new schedule
                                                  of estimated construction costs is
• communications facilities, and
• recreation facilities.
                                                  now in DCP 44.

     SHIRE SIGNIFICANT                          Developments      classified    as    shire
                                                significant include:
                                                • Agriculture, mining or extractive
       GET PRIORITY                               industries employing more than 10
                                                  people full time or involving estimated
The Council has adopted a Schedule of
                                                  construction value of $5 million or
Shire Significant Development, recognising
that certain development types should
be provided with a more certain                 • Manufacturing, distribution or storage
development assessment process and                development employing more than 20
timeframe, in the same way that the               people full time or involving estimated
State Government has provided for State           construction value of $5 million or
Significant development.                           more.
                                                • Commercial or retail development
Shire     Significant    Development        is     involving estimated construction value
development that is of a type or scale so as      of $5 million or more.
to have the potential to make a significant
contribution to the Shire’s economy. This       • Tourism, hotels, motels and recreational
could be through construction jobs, long          facilities employing 20 or more full time
term employment opportunities, significant         workers.
tourist related activities or significant        • Development         for      residential,
residential development.                          commercial, retail or other construction
                                                  involving estimated construction value
It was agreed that it would be                    of more than $3 million.
advantageous for both applicants and
staff alike if it was acknowledged by           • Residential subdivisions creating 50 or
Council that certain development types            more new allotments or multi dwelling
should be identified to ensure a more              developments of 20 or more dwellings.
certain timeframe for consideration. If         • Other development involving estimated
a development is “shire significant”, the          construction value of more than $5
assessment process is no less vigorous,           million and employing 20 or more full
but it is anticipated it will be more             time positions.
predictable in terms of time frames and
reporting procedures. In other words the        There will be an impact on other
level of assessment scrutiny for “shire         development applications when a Shire
significant” development is not of a lower       Significant Application is in the system
standard. This policy will be publicly          because of allocation of resources to that
notified for 28 days.                            application.


                                   NAIL BAG
       DCU DISCUSSIONS                             “Pre-lodgement discussions are an important
                                                   opportunity to navigate applicants through
          ENHANCED                                 the development assessment process and
                                                   provide vital early feedback on development
From 1 July this year Wingecarribee shire will
                                                   proposals,” he said, stressing however that
be charging a fee for service in pre lodgement
                                                   the DCU process is not a substitute for an
(DCU) meetings for proposed development
                                                   application. “Staff are without the benefit
applications. The fee will be $150 (or $500
                                                   of a site inspection and the full information
for Shire Significant Developments) and a
                                                   available to them from Council’s various
system is being developed for payment of
                                                   information systems for the specific parcel of
the fee prior the Pre-Lodgement meeting,
                                                   land. Plans and details can also at times be
with evidence of payment required before
                                                   best described as ‘sketchy.’ Notwithstanding
the meeting goes ahead.
                                                   this, it still is a valuable tool for providing
                                                   information to applicants to help them
Applicants are now receiving a written report
                                                   submit complete documentation with their
to provide more certainty and eliminate
                                                   applications and staff are looking forward to
any confusion about what transpires at the
                                                   this enhanced service to provide applicants
meeting. This provides applicants with a
                                                   with a more meaningful pre lodgement
clear understanding of their responsibilities, a
                                                   discussion experience.”
better understanding of timeframes involved
and some documentation to work with.

Director of Environment and Planning Scott           LOCAL ENVIRONMENTAL
Lee said that for many years Council has run
the Development Co-ordination Unit (DCU)                PLAN IS ON WEB
on a weekly basis to allow developers to
visit Council staff to obtain pre-lodgement           If you’re interested in accessing
information. “The system has run without a            the current Wingecarribee Local
user charge and has been a useful process             Environmental Plan 1989 without
for both staff and developers, however, has             buying a copy from Council, it
not been without a number of perceived                  is now available on one of the
faults,” he said, listing weaknesses in the            Government websites. You can
system as a lack of confirmation of meeting                          find it at
results and discussions, unreal expectations . Just
from developers that the DCU would provide           go to the first dot point about NSW
all the information they need to lodge their
                                                     legislation in force and click on it,
application, and an impact on Council’s
limited staff time and resources that is not
                                                         then search Wingecarribee.
formally recognised.

                                                 A COUPLE OF TIPS
    PROCEEDING                                    MOVE QUICKLY
The Draft LEP for the proposed                  THROUGH COUNCIL
Renwick residential release area east
of Mittagong was placed on public          • Provide all of the correct information
exhibition from Wednesday 11 January         up front when lodging your application
2006 to Tuesday 28 February 2006. In       • Supply contours on site plans. They
addition to Council’s formal exhibition,     are needed on applications for new
Landcom had prepared a Masterplan            dwellings, buildings in the vicinity of
document to outline their vision of the      ridgelines or flood liable locations,
future development of the site which         subdivisions,      medium          density,
was also available for inspection. Forty     commercial and industrial development.
submissions were received during           • A site analysis is now also required
the exhibition period. The majority          for new dwellings, medium density or
of submissions raised the traffic             alterations and additions to dwellings.
implications of the Inkerman Road
                                           • For any DA involving erection of a
access proposal. Others raised issues
                                             building, one copy of an A4 site plan
relating to the existing aerodrome,
                                             and elevations must be submitted at
traffic impacts on East Mittagong
                                             the time of lodgement. We need this for
areas and various other matters.
                                             neighbour notification purposes.
After considering the matter at its
meeting on 26 April 2006 the Council       • Check that your proposal complies
acknowledged that Inkerman Road is           with all Council policies, the Building
the current preferred main northern          Code of Australia and Australian
access route, but asked for further          Standards before lodgement.
investigations into an alternative route   • A total of four full sets of plans
through the disused Ferguson                 are required, along with at least three
Crescent nursery be undertaken               sets of statements of Environmental
before finalising the access issue.           Effects and specific reports, for
However the Council has resolved to          example, bushfire, heritage, water cycle
rezone the land to permit the erection       management study etc.
of 600 dwellings. If this rezoning is      • If your application is integrated or
formally approved by the Minister for        concurrence development (eg. SCA)
Planning it will create the first major       you require one additional set of plans
land release in Wingecarribee Shire          and reports for each time it is integrated
since East Bowral was created.               development to allow referral to the
                                             government department.


                             NAIL BAG
Wingecarribee Shire Council’s Resource Recovery Centre has a number of products
for sale including garden organics, wood waste and concrete waste into high quality
products such as mulch and drainage products.

                         A variety of mulch for gardeners and landscapers

                        Premium Mulch at $15 cubic metre, premium woodchip at
                        $18 cubic metre, premium compost $28 cubic metre and
                        manufactured woodchip at $9 cubic metre.

  Fill and rubble for builders and construction sites

Crushed concrete 8mm $12 per tonne, 20mm $10 per
tonne, 20mm aggregate $14 per tonne.

  If transporting any of the above materials to your desired location presents
  a problem to you then don’t despair as delivery is available. Just phone the
  Resource Recovery Centre and they will tell you the cost of delivery of the
  product you want to the location you need it.

                 For more information please call the
               Resource Recovery Centre on 4868 0555.

     CHECK BEFORE YOU                        mapped as endangered ecological
                                             communities by the Wingecarribee
                                             Biodiversity Strategy. You may also
Any person wanting to clear native           need to consider whether the vegetation
vegetation should first check with the        is covered under Council’s Tree
relevant NSW State Government                Preservation Order Approval is also
Departments and Council before               required from Council for the removal
proceeding. The majority of native           of vegetation from roads (including
vegetation      remaining       in    the    roadsides) for which Council is the
Wingecarribee Shire is habitat for           Roads Authority under the Roads Act
threatened species and it is an offence to   1993.
clear such habitat without the necessary
consents. Severe penalties may be            Information on the Native Vegetation Act
imposed for illegal clearing.                2003 is available from the two Catchment
                                             Management Authorities which have
In New South Wales there are a number        responsibility in the Wingecarribee Shire
of laws containing regulatory provisions     - the Hawkesbury Nepean Catchment
protecting native vegetation. Principal      Management Authority (ph: 48286747)
among these are the Native Vegetation        or the Southern Rivers Catchment
Act 2003 and the Threatened Species          Management Authority (ph: 42249700)
Conservation Act 1995.                       whichever is applicable.

Clearing that does or does not require       Information on the Threatened Species
approval under either of the above           Conservation Act 1995 is available from
Acts may still require consent from          the NSW Department of Environment
local councils under the Environmental       and Conservation or over the internet at
Planning and Assessment Act 1979 or
the Local Government Act 1993.               or

In the Wingecarribee Shire consent is        Further information can be obtained
required from Council for the clearing       from Council by phoning 48680888. The
of any native vegetation growing in          Wingecarribee Shire Tree Preservation
Environmental Protection 7(a) and 7(b)       Order is freely available from Council’s
zones, and the removal of trees growing      customer service counter or from
within the Special Uses 5(c) Water           Council’s           website          at
Catchment zone, the 2(b) medium    
density Residential zone, and areas


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