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Ballina Shire Development Control Plan – Exempt and Complying

VIEWS: 14 PAGES: 77

									Ballina Shire Development Control Plan
– Exempt and Complying Development




                                        August 2006
                   Adopted by Resolution of Ballina Shire Council
                                             on 26 October 2006
    Ballina Shire Development Control Plan –                                           26 October 2006
    Exempt and Complying Development

              DEVELOPMENT CONTROL PLAN AMENDMENTS
                                                                        Council's
Amend. No.             Main Purpose of Plan / Amendment                 Resolution        Effective From
                                                                         to adopt
PRINCIPLE     To provide for exempt and complying developments                       21/02/2000 upon gazettal of
PLAN                                                                    25/11/1999    Amendment No. 54 to the
                                                                                             Ballina LEP
                1. To exclude sex shops
Amendment.      2. To exclude excavations that involve acid sulfate     27/07/2000         27/11/2000
  No. 1             soils.                                                               upon gazettal of
                3. To specify setback for deck covers.                                Amendment No. 65 to the
                4. Listed small glass and screen enclosures of deck                        Ballina LEP
                    as complying development.
                5. insert new standard conditions
                  Miscellaneous.
                  1. Require section 68 approval for sewer
Amendment.              connections.                                    23/08/2001         29/11/2001
  No. 2           2. Require compliance with DCP No. 9 – Energy                          upon gazettal of
                        Smart Homes.                                                  Amendment No. 73 to the
                  3. Delete condition requiring certification of site                      Ballina LEP
                  conditions.
                  4. Amendment of wind bracing and tie down
                  requirements.
                  5. Amended smoke alarm              requirements.
                  6. Require lighting during fires in class
                        1(b) buildings.
                  1. Provide exemption for special events.
Amendment.        2. Remove exemptions for food shops.                  23/01/2003         30/05/2002
  No. 3           3. Amend exemption for repairs, maintenance or                         upon gazettal of
                        renovation of existing buildings.                             Amendment No. 79 to the
                  4. Require compliance certificate from Accredited                        Ballina LEP
                        Certifier for rural outbuildings and swimming
                        pools.
                  5. New Complying Development category and
                        conditions for fire alarms conversions.
                  6. Miscellaneous changes.
Amendment.    Minor amendment to ensure consistency with                10/07/2003         21/11/2003
  No. 4       Amendment No. 82 that introduces the 7(d1) Zone and                        upon gazettal of
              holiday cabin restrictions for the Newrybar Escarpment.                 Amendment No. 82 to the
                                                                                           Ballina LEP
Amendment.    Insertion of:                                                                15/10/2004
  No. 5       1.      A mosquito management condition.                  10/06/2004       upon gazettal of
              2.      Removal of Complying Developments within                        Amendment No. 86 to the
                      Lennox Head Coastal Hazard zone.                                     Ballina LEP
              3.      Administrative conditions.
              4.      New erosion control conditions.
              5.      Minor exempt Development changes.
Amendment.    Amendment to the exempt development requirements for                         13/04/2006
  No. 6       signs:                                                    24/02/2005       upon gazettal of
                                                                                     Amendment No. 92 to the
                                                                                           Ballina LEP
Amendment.        1.    Incorporated into the Combined DCP.                                 23/03/07
  No. 7           2.    Application of BASIX.                           26/10/2006       upon gazettal of
                  3.    Design requirement for dwellings in WUEA.                    Amendment No. 101 to the
                  4.    Enclosures for Dangerous Dogs.                                     Ballina LEP
Ballina Shire Development Control Plan –                                                                                     26 October 2006
Exempt and Complying Development


                                             TABLE OF CONTENTS
INTRODUCTION
                                                                                                                            Page
What is this plan called? ................................................................................................... 1
History of this DCP............................................................................................................ 1
What is Exempt Development? ........................................................................................ 2
What is Complying Development? ................................................................................... 2
When did this Plan commence? ....................................................................................... 2


PART 1 – EXEMPT DEVELOPMENT
1.1     How do I find out if my proposal is “Exempt Development”? ................................. 4
1.2     What development is “Exempt Development”? ...................................................... 5

          SCHEDULE 1 - EXEMPT DEVELOPMENT CRITERIA

          - Aerials/Antennae/Microwave Antennae ......................................................................... 7
          - Air Conditioning Units for Dwellings ............................................................................... 7
          - Ancillary or Incidental Development............................................................................... 7
          - Ancillary Sporting Structures .......................................................................................... 8
          - Awnings, Canopies and Storm Blinds ............................................................................ 8
          - Barbecues ...................................................................................................................... 8
          - Bird Aviaries, Cabanas, Gazebos, Greenhouse and the like......................................... 8
          - Change of Use (not involving internal or external structural alterations
            to the building) ............................................................................................................... 9
          - Clothes hoists/lines ........................................................................................................ 9
          - Decks.............................................................................................................................. 9
          - Demolition..................................................................................................................... 10
          - Disabled Access Facilities............................................................................................ 10
          - Enclosures for Dangerous and Restricted Dogs .......................................................... 10
          - Fences.......................................................................................................................... 11
          - Flag Poles..................................................................................................................... 12
          - Garden Sheds .............................................................................................................. 12
          - Home Occupations....................................................................................................... 12
          - Letter Boxes ................................................................................................................. 13
          - Pergolas, Patio Covers, Roofing of Decks, Cloth Sails and the like ............................ 13
          - Portable Classrooms and School Buildings ................................................................. 13
          - Public Meetings ............................................................................................................ 14
          - Public Works................................................................................................................. 14
          - Repair Maintenance and Renovation of Existing Buildings (not involving internal
            or external structural alterations to the building) ......................................................... 14
          - Retaining Walls ........................................................................................................... 15
          - Rural Outbuildings........................................................................................................ 15
          - Satellite and Radio Communication Dishes ................................................................. 15
          - Signs............................................................................................................................. 16
          - Skylights, Roof Windows, Solar Tubes and the like..................................................... 18
          - Special Events.............................................................................................................. 18
          - Telecommunication Facilities ....................................................................................... 18
          - Temporary Structures Associated with Building Construction ..................................... 18
          - Water Heaters .............................................................................................................. 18
          - Water Storage Tanks ................................................................................................... 19
Ballina Shire Development Control Plan –                                                                                26 October 2006
Exempt and Complying Development



                       TABLE OF CONTENTS - CONTINUED

PART 2 – COMPLYING DEVELOPMENT
                                                                                                                    Page
2.1    How do I find out if my development is “Complying Development” ................... 22
2.2    Making an Application......................................................................................... 22
2.3    What Development is “Complying Development” .............................................. 24

       SCHEDULE 2 – COMPLYING DEVELOPMENT CRITERIA

       - Category 1  Single storey dwelling houses including attached garages .................... 26
       - Category 2  Detached garages and garden storage sheds ........................................ 29
       - Category 3  Open carports, open awnings and pergolas............................................ 31
       - Category 4  Decks and Patios..................................................................................... 33
       - Category 5  Rural outbuildings including farm sheds.................................................. 35
       - Category 6  Swimming pools including spas............................................................... 36
       - Category 7  Commercial premises – change of use involving internal alterations ..... 37
       - Category 8  Demolition of detached dwelling houses, ancillary structures,
                     sheds and rural outbuildings.................................................................... 38
       - Category 9 Using an existing dwelling as a bed and breakfast
                     establishment........................................................................................... 39
       - Category 10 Conversion of Fire Alarm Systems .......................................................... 40

       SCHEDULE 3 – COMPLYING DEVELOPMENT CONDITIONS OF CONSENT

       - Category 1 .................................................................................................................... 42
       - Category 2 .................................................................................................................... 48
       - Category 3 .................................................................................................................... 51
       - Category 4 .................................................................................................................... 53
       - Category 5 .................................................................................................................... 55
       - Category 6 .................................................................................................................... 57
       - Category 7 .................................................................................................................... 60
       - Category 8 .................................................................................................................... 62
       - Category 9 .................................................................................................................... 63
       - Category 10 .................................................................................................................. 64



PART 3 – SPECIAL PROVISIONS
3.1    Rural Building Lines ............................................................................................ 66
3.2    Alstonville Village ................................................................................................ 67


PART 4– SUPPORTING INFORMATION
4.1   Maximum 100 Year Coastal Erosion Hazard Line for Lennox Head .................. 70
4.2   Enclosure Requirements for Dangerous and Restricted Dogs ........................... 71
4.3   Wollongbar Urban Expansion Area...................................................................... 72
Ballina Shire Development Control Plan –                                  26 October 2006
Exempt and Complying Development




                                 INTRODUCTION

WHAT IS THIS PLAN CALLED?
This Development Control Plan is called Ballina Shire Development Control Plan –
Exempt and Complying Development.


HISTORY OF THIS DCP
In December 1997 amendments to the Environmental Planning and Assessment Act
1987 were passed by the NSW Parliament. These amendments introduced two new
categories of development, namely “Exempt” and “Complying” development. The
purpose of this DCP is to nominate which developments in Ballina Shire can be
considered to be “Exempt development” and “Complying development” and to identify
what criteria they need to meet. It is given regulatory force by way of Clause 35 of the
Ballina Local Environmental Plan 1987.

Ballina Shire Council originally introduced controls relating to Exempt and Complying
Development, via Ballina DCP No.7 - Exempt and Complying Development 2000 (as
amended). At that time, DCP 7 was one of numerous DCPs in force in the Shire.

In 2006, however, the State Government initiated legislative reforms relating to the
operation of DCPs in NSW. In response, Ballina Shire Council reviewed the DCP
arrangements operating in the Ballina Local Government Area and decided to have the
following DCP framework:

       a)      Ballina Shire Combined Development Control Plan (the Combined
               DCP) - The Combined DCP essentially comprises a “repackaging” of
               Council’s former DCPs (other than DCP 7 – Exempt and Complying
               Development). A number of amendments to the planning controls also
               occurred, particularly with respect to the Ballina Town Centre. Council
               adopted the Combined DCP in August 2006.

       b)      Ballina Shire Development Control Plan – Exempt and Complying
               Development - This DCP largely comprises a reformatting of former
               Ballina DCP 7 - Exempt and Complying Development. In addition, a
               number of amendments to the planning controls contained within the DCP
               occurred, relating to the following:

               ●    Introduction of the Ballina Shire Combined Development Control
                    Plan;
               ●    Application of the Building Sustainability Index (BASIX) to Category 1
                    Complying Development;
               ●    Design requirements for dwellings in the Wollongbar Urban
                    Expansion Area; and
               ●    Enclosures for dangerous dogs required under the Companion
                    Animals Act.




                                           Page 1
Ballina Shire Development Control Plan –                                  26 October 2006
Exempt and Complying Development



WHAT IS EXEMPT DEVELOPMENT?
Exempt development is very minor development that does not require any approval.
Developments that are considered to be Exempt development are listed in Part 1 of this
DCP. This typically relates to minor works such as awnings, barbecues, fences, garden
sheds and the like, which are of a limited size and satisfy all of the exemption criteria.


WHAT IS COMPLYING DEVELOPMENT?
Complying development is small-scale, low impact development that can be approved
either by Council or a privately accredited certifier. Developments that are considered to
be Complying development are listed in Part 2 of this DCP. In order to have this type of
development “approved”, a complying development certificate must be obtained. Once a
complying development certificate has been issued you do not need any further
approvals from Council.


WHEN DID THIS PLAN COMMENCE?
This DCP commences on 23 March 2007.




                                           Page 2
Ballina Shire Development Control Plan –            26 October 2006
Exempt and Complying Development




          PART 1 – EXEMPT DEVELOPMENT




                                           Page 3
Ballina Shire Development Control Plan –                                      26 October 2006
Exempt and Complying Development




1.1 HOW DO I FIND OUT IF MY PROPOSAL IS “EXEMPT
     DEVELOPMENT”?

To find out if your proposal is Exempt development, follow these steps;


      Step 1     Ensure that the development meets all of the general exemption criteria
                 listed in Part 1.2 of this DCP.

      Step 2     Ensure that the development meets all of the relevant specific
                 exemption criteria listed in Schedule 1 of this DCP.


If your development meets all of these requirements, then it is Exempt development and
you do not require any approval from Council.

If your development does not meet all of these requirements, then it is not Exempt
development and you will need to make an application to undertake the project. In some
circumstances, this approval may be obtained under Complying development provisions
(refer Part 2) or, if your proposal does not meet the relevant Complying development
criteria, through lodging a development application with Council. The following example
illustrates this hierarchy of approvals.



                    Example - What approvals do I need to construct a Deck?

  •   A deck with a floor area not exceeding 20m2 may fall within the category of Exempt
      development (subject to it meeting all the relevant criteria).

  •   A deck with a floor area between 20m2 and 45m2 may fall under the category of Complying
      development (subject to it meeting all the relevant criteria).

  •   A deck with a floor area greater than 45m2 is not Exempt or Complying development and
      requires development consent from Council and the issue of a Construction Certificate.



If subsequent proposals involve an increase over and above the stated exemption
circumstances/requirements, then approval will be required for the proposal. For
example, if a 20m2 deck was erected in 1995, any extension to this deck would not be
Exempt development as the total size of the proposed deck would exceed the exemption
requirement.

Should you require any assistance in determining what approvals your project requires
please contact Council’s Regulatory Services Group.




                                           Page 4
Ballina Shire Development Control Plan –                                  26 October 2006
Exempt and Complying Development




1.2 WHAT DEVELOPMENT IS “EXEMPT DEVELOPMENT”?
Development listed in Schedule 1 is Exempt development only if:

     It is not on land that:

           Is a critical habitat (pursuant to the Threatened Species Conservation Act
           1995); or

           Is part of a wilderness area (pursuant to the Wilderness Act 1987); or

           Is an aquatic reserve (pursuant to the Fisheries Management Act 1994); or

           Is a declared marine park (pursuant to the Marine Parks Act 1997); or

           Is an Aboriginal place (pursuant to the National Parks and Wildlife Act 1977);
           or

           Is reserved or dedicated under the Crown Lands Act 1989 for the
           preservation of flora, fauna, or geological formations or for other
           environmental protection purposes; or

           Is subject to State Environmental Planning Policy No.14 – Coastal Wetlands;
           or

           Is subject to State Environmental Planning Policy No 26 – Littoral Rainforests
           (Note: In addition to the identified SEPP#26 core areas, this policy also
           applies to a 100metre buffer around each core area); or
           Is identified as an Item of Local Environmental Heritage in Schedule 1 of the
           Ballina Local Environmental Plan (BLEP 1987) or subject to an order under
           the Heritage Act 1974; or
           Is zoned pursuant to the BLEP 1987;

           • Environmental Protection 7(a) – Wetlands or 7(l) - Habitat; or
           • Environmental Protection 7(f) - Coastal Lands excepting such land used for
             Special Events; or
           • Reserves 8(a) - National Parks and Nature; or
           • Road 9(a) - Main Road Proposed or 9(b) - Local Road Proposed; and
       It does not cause significant interference with the amenity of the neighbourhood
       because of the emission of noise, vibration, smell, fumes, smoke, vapour, steam,
       soot, ash, dust, waste water, waste products, grit or oil or otherwise; and
       It complies fully with the relevant standards and exemption criteria specified in
       Schedule 1 of this DCP; and
       It complies fully with the development standards in the BLEP 1987; and
       It does not contravene or compromise any condition of development consent or
       building approval applying to the land; and

      It complies with relevant legislation and guidelines affecting it’s use; and


                                           Page 5
Ballina Shire Development Control Plan –                                    26 October 2006
Exempt and Complying Development


      It does not require the clearing of any native vegetation to prepare the site; and

      It does not involve excavation beyond 1 metre below existing ground level, unless
      located on land identified as Category 5 on the Acid Sulphate soils Planning Maps
      available for inspection at the Council chambers; and


      All structures:

           Comply with the deemed to satisfy provisions of the Building Code of
           Australia relevant to the development; and

           Are located wholly within the subject property; and

           Are located clear from power lines in accordance with the requirements of
           Northpower; and

           Are located so as to not obstruct stormwater drainage to or from the site and,
           where appropriate, stormwater disposal methods are incorporated so as not
           to cause nuisance or damage to adjoining properties; and

           Are located so as to not obstruct pedestrian and vehicular access to or from
           the site; and

           Are located clear of all registered easements; and

           Are located a minimum distance equivalent to the depth of the invert level of
           any Council sewer main or Council stormwater pipe, as measured from the
           centre line of such pipe; and

           Are located clear of any domestic sewer lines, sewer overflow gullies, sewer
           boundary shafts and hot water service overflows; and

           Are located so as to not compromise the effectiveness any swimming pool
           safety barrier or fence; and

           Are built with new materials or second hand materials which retain the
           structural adequacy and integrity of that material when new; and

           Are built with materials which match or complement the design and
           appearance of existing development on site and in the locality; and

           If located within the area of Alstonville Village identified in Map 1 (refer page
           85), comply with the special provisions contained in Section 3.2 of this DCP.


Note: Covenants - You are advised to be aware of any private restrictive covenants
that may burden the land and impact on the development.

Note: Building Lines - A list of rural building lines can be found in Part 3 of this DCP.
A list of urban building lines can be found in Policy Statement No.3 of Chapter 1 - Urban
Land of the Ballina Shire Combined DCP.




                                           Page 6
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development



                                       SCHEDULE 1
                      EXEMPT DEVELOPMENT CRITERIA
Notes in this Schedule are explanatory notes provided to assist understanding, and do not form a
part of this Development Control Plan.



Aerials/Antennae/Microwave Antennae

        Located behind building line within rear or side yard area, or on roof.
        If ground mounted, maximum height 6.0 metres above existing ground level.
        If roof mounted, maximum height 3.5 metres above roof ridge height.
        One (of each) per dwelling/business.

Note: This category does not include satellite dishes which are dealt with as a separate
provision below. Special care should be taken to ensure that antennae are located clear of power
lines in accordance with NorthPower requirements.




Air Conditioning Units

       Located behind building line and attached to external wall or ground mounted if used for
       residential purposes.
       Wall mounted, non-ducted system if used for other than residential purposes (refer note
       below).
       Building work must not reduce structural integrity of building.
       Noise levels comply with Environment Protection Authority Environmental Noise Control
       Manual.
       Any external wall opening is adequately weatherproofed.

Note: Larger commercial type systems require development consent. The installation of air
conditioning units has the potential to cause offensive noise to neighbours. Care should be taken
with the location of units to minimise potential noise nuisance. Ideally, the noise level at the
boundary should not exceed 5dBA above the background level. Manufacturers should be able to
provide advice on noise levels. Systems should also be maintained to ensure proper functioning.




Ancillary or Incidental Development

        Development (such as parking, landscaping, gardening, paving or the erection of cubby
        houses and garden furniture) for a purpose that is ordinarily incidental or ancillary either
        to a use allowed by a development consent, complying development certificate or to a
        lawful existing use (as defined in section 106 of the Act).

Note: Some structures and paths adjoining dwellings can impact upon the chosen termite
treatment and applicable warranties. These issues should be discussed with a Building Surveyor
or an accredited pest controller. Care should also be taken with the design and location of any
ancillary development so that it does not cause nuisance with regard to stormwater to adjoining
premises.




                                             Page 7
Ballina Shire Development Control Plan –                                           26 October 2006
Exempt and Complying Development


Ancillary Sporting Structures

        Development (such as goal posts, sight screens and similar ancillary sporting structures)
        on sporting or playing fields for use in the playing and/or performance of sporting events
        when:

        i)     The structure is installed in accordance with relevant Australian Standards.

Note:   This category does not include grandstands, dressing sheds and other such structures.




Awnings, Canopies and Storm Blinds

        Located behind building line, except where cantilevered when an encroachment of 1
        metre is permissible.
        Located no closer than 900mm from side or rear boundary.
        Maximum area 10m2.
        No post supports are to be incorporated within the structure.

Note: Care should be taken with the design and location of the awning, canopy or storm blind
so that it does not cause nuisance with regard to stormwater to adjoining premises.




Barbecues

        Located behind building line, within rear or side yard area.
        Maximum area 4m2.
        Maximum height 1.8 metres.
        Used for domestic purposes only.

Note: Care should be taken with the design and location of the BBQ so as not to cause
nuisance to adjoining premises.




Bird Aviaries, Cabanas, Gazebos, Green Houses and the like

        Located behind building line, within rear or side yard area.
        Located no closer than 900mm from side or rear boundary.
        Maximum area 12m2.
        Maximum height 3 metres above existing ground level.
        Installed in accordance with the manufacturer’s specifications if applicable.
        Construction to comply with AS 1684, Timber Framing Code, if applicable.

Note: Care should be taken with the location of buildings and impact on neighbours in respect
to noise and/or odours. In this regard special care is to be taken in the cleaning and maintenance
of bird aviaries. Care should be taken with the design and location of the development so that it
does not cause nuisance with regard to stormwater to adjoining premises.




                                              Page 8
Ballina Shire Development Control Plan –                                              26 October 2006
Exempt and Complying Development



Change of Use (not involving internal or external structural alterations to the
building)
        Involves a change of use from:

        i)       a shop to a shop, but does not involve a change of use to a shop or food shop to
                 a food shop; or
        ii)      a commercial premises to a commercial premises; or
        iii)     an office to an office; or
        iv)      an industry or light industry to a light industry; or
        v)       a social or sporting club to another social or sporting club; or
        vi)      a community or cultural centre to another community or cultural centre.

        The existing use of the land is an existing legal use.
        The new use is not prohibited on the land.
        Publications within the meaning of Classification (Publications, Films, and Computer
        Games) Enforcement Act 1995 and objects primarily concerned with sexual behaviour are
        not exhibited or sold.
        The curtilage of the building is not used for storage or display purposes.
        The proposed use is consistent with any condition of consent of the current or previous
        use relating to the maintenance of landscaping, parking of vehicles or the provision of
        space for the loading or unloading of goods or vehicles.
        There is no extension or alteration to the hours of operation of the premises.

Note: This category only relates to a change of use not involving any structural alteration to the
building. If your proposal involves internal structural alterations to the building, you are referred to
the Complying development provisions in Part 2 of this DCP. If your proposal involves external
structural alterations to the building you will need to lodge a Development Application with
Council. Special care should be taken so as to ensure that the use of the building does not
detrimentally impact upon the existing fire safety measures within the building as required by the
BCA.



Clothes hoists/lines
        Located in rear yard or screened from public view.
        Installed to manufacturer’s specifications.




Decks
        Located behind building line
        Attached to detached dwelling house i.e. not a dual occupancy, duplex or residential flat
        building.
        Located no closer than 900mm from side or rear boundary.
        Maximum area 20m2.
        Maximum height of finished floor level 1 metre above existing ground level.
        Constructed in accordance with AS 1684 Timber Framing Code.
        Timber posts supported on suitable metal stirrups minimum 75mm clear of ground.

Note: Special care should be taken with the design and location of the deck so as not to cause
nuisance to adjoining premises with regard to privacy. Where it is proposed to roof cover a deck
of maximum 20m2, refer to Pergolas, Patio Covers, and the like (below). Roof areas greater than
20m2 require consent from Council. If subsequent proposals involve an increase over and above
the stated exemption circumstances/requirements, then approval will be required for the proposal.
For example, if a 20m2 deck was erected in 1995, any extension to this deck would not be Exempt
development as the total size of the proposed deck would exceed the exemption requirement.


                                               Page 9
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development


Demolition

        Not located on land identified in Schedule 1 of the Ballina Local Environmental Plan as an
        Item of Environmental Heritage or within the Alstonville Village illustrated on Map 1 (refer
        page 85) when:

        i)      The demolition is required by an Order under Section 121B of the Environmental
                Planning & Assessment Act 1979; or
        ii)     The structure has a floor area not greater than 40m2; or
        iii)    The structure is defined as Exempt development under this DCP.

        Demolition is carried out in accordance with AS 2601-1991 Demolition Code.

Note: Any works involving asbestos cement must comply with Workcover Authority’s
“Guidelines for Practices involving Asbestos in Buildings” and Ballina Council requirements. Care
should also be taken with work involving the removal of lead paint to avoid contamination of air,
ground or watercourses.




Disabled Access Facilities (Including ramps, paths & inclinators but excluding
lifts)

        Maximum height of ramps and paths 1 metre above existing ground level.
        Maximum grade is 1:14 or otherwise in accordance with AS 1428.1-1998.

Note: Care should be taken to ensure that ramps do not impede egress requirements under the
Building Code of Australia.




Enclosures for Dangerous and Restricted Dogs (As defined by the Companion
Animals Amendment Act 2005 and supporting Regulation)

        Maximum one dangerous and/or restricted dog to be enclosed.
        Maximum one enclosure per property.
        Located behind building line, within rear or side yard area.
        Complies fully with the enclosure requirements for dangerous and restricted dogs as
        specified by the Companion Animals Amendment Act 2005 and supporting Regulation.

Note 1: Only one enclosure, housing a single animal, is permitted as Exempt Development. If
more than one dangerous and/or restricted dog is to be enclosed, the enclosure for the second or
subsequent animal/s requires Development Consent from Council.
Note 2: The enclosure requirements for dangerous and restricted dogs as contained in the
Companion Animals Regulation 1999 (current August, 2006) are provided in Part 4.2 of this DCP.
Applicants are advised to contact Council’s Regulatory Services Group, or to consult the relevant
legislation, to ensure that these requirements remain current.




                                             Page 10
Ballina Shire Development Control Plan –                                        26 October 2006
Exempt and Complying Development


Fences (Other than fences covered by Swimming Pools Act 1992)

Rural Areas

        Located within Rural Zones 1(a1), 1(a2), 1(b) and1(e) and Environmental Protection Zone
        7(c), 7(d) and 7(d1)
        Located within Rural Zone 1(d) and not subject to Clause 34 of the Ballina LEP (North
        Lakes Estate).
        Located clear of Council’s road reserve.
        Maximum height 1.8 metres, if located behind the building line.
        Maximum height 1 metre, if located between the building line and the road frontage,
        except where ancillary to agricultural purposes (such as post and wire fencing and the
        like) where a maximum height of 1.8 metres is permitted.
        Entrance gates having a solid wing wall construction not exceeding 10 metres either side
        of the entrance gate are permitted provided that they do not exceed 2 metres in height.
        Electric fences are not to be erected in areas adjoining public reserves, urban,
        commercial or industrial areas.
        Masonry fences comply with AS 3700 Masonry Code.




Fences (Other than fences covered by Swimming Pools Act 1992) (Continued)

Urban Areas

        Located clear of Council’s footway or reserve.
        Maximum height 1.8 metres, if located behind the building line.
        Maximum height 1 metre if located between the building line and the street frontage in
        residential, community or commercial areas.
        Maximum height 1.8 metres if located between the building line and the street frontage in
        industrial areas and of chain mesh construction.
        Constructed of new materials.
        Masonry fences comply with AS 3700 Masonry Code.
        Electric fences are not to be erected in urban, commercial or industrial areas, or areas
        adjoining public reserves.
        Not located between the building line and the street frontage to Rayners Lane*.
        If located east of the eastern building line on all beachfront allotments under Chapter 3
        Coastal Hazard Protection – Lennox Head of the Ballina Shire Combined Development
        Control Plan, are a maximum height of 1 metre above existing ground and are of an open
        style construction (ie not a solid screen fence).

Note: These requirements do not relieve the owner of obligations under the Dividing Fences Act.
You are advised to consult with your neighbour at an early stage and refer to the Dividing Fences
Act if necessary. Owners should check restrictive covenants that may apply to land in respect to
fencing. Particular care should also be taken with the adequate bracing of masonry walls in areas
of high wind. *Development consent is required for all fences along Rayners Lane.




                                           Page 11
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development



Flag Poles

       Maximum height 6 metres above existing ground level.
       Installed in accordance with the manufacturer’s specifications if applicable.

Note: Special care should be taken to ensure that flag poles are located clear of power lines in
accordance with NorthPower requirements.

Flag poles have the potential to cause noise nuisance to neighbours and accordingly, care should
be taken to secure pulleys, ropes and stays. Etiquette relating to flag poles should also be
observed.




Garden Sheds

       Located behind building line, within the rear or side yard area.
       Walls with windows located not less than 900mm off side or rear boundaries.
       Maximum area 12m2.
       Maximum height 2.4 metres above existing ground level.
       Installed in accordance with the manufacturer’s specifications if applicable.
       Not more than 1 garden shed per allotment.

Note: Care should be taken with regard to the location of the shed and its impact upon neighbour
amenity. Owners should check restrictive covenants that may apply to land in respect to required
building materials.




Home Occupations

       Being an occupation carried out in a dwelling house or in a dwelling in a residential flat
       building by the permanent residents of the dwelling house or dwelling which does not
       involve;

               The registration of the building under the Factories, Shops and Industries Act
               1962; or
               The employment of persons other than those residents; or
               The display of goods, whether in a window or otherwise; or
               The exhibition of any notice or sign (other than a notice, advertisement or sign
               exhibited on that dwelling-house or dwelling to indicate the name and occupation
               of the resident); or
               The sale of items (whether goods or materials) or the exposure or offer for sale of
               items, by retail.




                                            Page 12
Ballina Shire Development Control Plan –                                        26 October 2006
Exempt and Complying Development



Letter boxes

       Maximum height 1.2 metres above existing ground level.
       One box per occupancy.
       Appropriate numbering of each box.
       Structurally stable with adequate footings.
       Designed to requirements of Australia Post.




Pergolas, Patio Covers, Roofing of Decks, Cloth Sails and the like

       Located behind the building line.
       The posts are located a minimum of 900mm clear of side and rear Torrens title
boundaries.
       The eave/gutters or sails are located a minimum of 675mm clear of side and rear Torrens
       title boundaries.
       Maximum area 20m2.
       Maximum ridge height 3.4m above existing ground level.
       Not to be enclosed with walling other than lattice or similar open style construction.
       Roof cladding constructed of shadecloth, lightweight metal, polycarbonate or timber
       battens.
       Constructed in accordance with AS 1684 Timber Framing Code or manufacturer’s details.
       Maximum 1 per dwelling.

Note: Structures are to be adequately tied down against wind uplift forces. Special care should
be taken with the design and location of the structure so that it does not cause nuisance with
regard to stormwater to adjoining premises. Any concrete slab may be constructed to the
boundary, providing such slab is no higher than 100mm above ground level and all surface waters
are not diverted onto adjoining neighbours.



Portable classrooms and school buildings
       Located on land on which an approved government or non-government school is located.
       Located behind the building line.
       Where the site is serviced by reticulated sewer.
       The building is structurally adequate and does not exceed 1 storey.
1      The building is of a temporary nature and is removed within 5 years of the erection of the
       building.




                                           Page 13
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development



Public Meetings

1       The use of a building that is a Class 9b building under the Building Code of Australia for
        the purpose of a public meeting.




Public Works

        Development on Council controlled land for a purpose that is ancillary or incidental to a
        purpose for which the land may legally be used, being development for the purpose of
        landscaping, gardening, paving, parking, security, staircases, bridges (with a span less
        than 5m), bus stops, park & street furniture, playground equipment, public art, public
        toilets or for other similar purposes, where such development is:

        i)      Constructed by or for Council; and
        ii)     Installed in accordance with the relevant Australian Standards.




Repair, Maintenance and Renovation of Existing Buildings

        Development (such as painting, plastering, cement rendering, cladding, attaching fittings,
        decorative work, replacement of doors, wall, ceiling or floor lining or deteriorated or
        damaged frame members with equivalent or improved quality materials and the
        renovation of bathrooms and kitchens) where:

                The work does not affect the structural adequacy of the building (see note below).
                The work does not result in the making of, or alteration to the width of, any
                opening in a wall or roof of a building (such as a window or door).
                The work does not cause reduced window arrangements for light and ventilation
                needs, or reduced doorways for egress purposes or to involve enclosure of open
                spaces.
                The work does not include brick veneering.
                The work does not include the conversion of garages to habitable rooms or
                changes to the configuration of rooms whether by removal of existing walls,
                partitions or by other means.
                All electrical and plumbing work is carried out by licensed tradespersons.

Note: You are advised to consult a Structural Engineer, Architect or Building Surveyor to ensure
alterations will comply with the BCA and not impact structurally upon the building. Owners should
also check restrictive covenants that may apply to land in respect to required building materials.

Any works involving asbestos cement must comply with Workcover Authority’s “Guidelines for
Practices involving Asbestos in Buildings” and Ballina Council requirements. Care should also be
taken in work involving the removal of lead paint to avoid contamination of air, ground or
watercourses.




                                            Page 14
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development



Retaining Walls

        Maximum height 1 metre.
        Structurally adequate for the intended purpose in accordance with relevant Australian
        Standards.
        Masonry Walls to comply with AS3700 (Masonry Code), AS3600 (Concrete Structures)
        and AS1170 (Loading Code).
        Timber Walls to comply with AS1720 (Timber Structures) and AS1170 (Loading Code).
        All retaining walls are to be backfilled with free draining materials and adequately drained
        to the stormwater system.
        If located in the Banyanda or Ballina Quays Canal Estates, no structure is located within
        the profile of the canal (i.e. on the canal side of the revetment wall).

Note: You are advised to consult a Structural Engineer or Building Surveyor where excavations
adjoin structures and instability can occur so as to ensure that the retaining wall is structurally
sound. You should also consult your neighbours, should walls be adjacent property boundaries
and used in conjunction with dividing fences.




Rural Outbuildings (including stables, animal shelters, hot houses and the like)

        Located within Rural Zones 1(a1), 1(a2), 1(b) and 1(e) and Environmental Protection
        Zones 7(c) and 7(d).
        Located within Rural Zone 1(d) and not subject to Clause 34 of the Ballina LEP (North
        Lakes Estate).
        Located no closer than 20 metres of street boundary line or 4 metres of rear or side
        boundaries.
        Maximum area 40m2.
        Maximum roof ridge height 3.4 metres.
        Stables (and associated yards) not closer than 30 metres to a dwelling on an adjoining
        allotment of land.
        Constructed of low reflective external materials.
        The roof of the proposed building is not white, off-white or light grey in colour or
        constructed of unpainted zincalume.
        Use to be ancillary to normal agricultural use of the property.

Note:   This category does not include farm sheds which are dealt with in Part 2 of this DCP.




Satellite and Radio Communication Dishes

        Located behind building line within rear or side yard area, or on roof.
        Dish not to exceed 700mm in diameter in residential areas or 900mm in commercial or
        industrial areas.
        If ground mounted, maximum height 1.2 metres above existing ground level.
        If roof mounted, not to exceed roof ridge line or 1.2 metres above roof gutter.
        Maximum 1 per dwelling.

Note: Care should be taken with regard to the location of the dish and its impact upon
neighbour amenity and views.




                                             Page 15
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development



Signs

a)      Business Identification Signs
        Business identification signs are those which indicate only the use of the premises, or
        nature of goods or services sold or provided from the premises, on the site where the
        sign is located.

        (i)     On land within RESIDENTIAL AREAS where:
                Signs are not erected on an item or on a site comprising an item or site of
                environmental heritage;
                There is only one sign which does not exceed 0.6m2 in area;
                The sign is of a professional standard of construction and finish; and
                The sign is not illuminated, animated or flashing.

        (ii)    On land within BUSINESS AREAS where:
                The sign is not erected on an item or on a site comprising an item of
                environmental heritage or a brothel.
                The sign is of a professional standard of construction and finish.
                The sign is not animated or flashing.
                In the case of a sign with clearly defined edges, the height of text or other
                content of the sign does not exceed 75% of the total height of the sign.
                The sign is a flush wall or painted wall sign where –
                     Occupies not more than 25% of the front elevation of the building on which it
                     is displayed; and
                     There is only one such sign per building elevation; and
                     The sign does not project above or beyond the parapet or eaves; and
                     The sign does not protrude more than 300mm from the wall; and
                     The sign does not extend over a window or other opening, or significant
                     architectural feature; and
                     The sign does not have an area greater than:
                          10% of the building elevation, if the elevation is >200m2;
                          20m2 if the building elevation is > than 100m2 but <200m2;
                          20% of the building elevation, if the elevation is <100m2.
                     The sign has a maximum height of either 4.6 metres above existing ground
                     level or the height of the first floor windowsill.
                The sign is an under awning sign where –
                     There is only one such sign per premises; and
                     The sign has a minimum unobstructed clearance of 2.6m above the footpath;
                     and
                     The sign is not closer than 0.3m from the edge of the awning; and
                     The sign has an area not greater than 1.5m2; and
                     The sign has a height not greater than 0.5m.
                There are not more than a total of five (5) signs on the premises or land
                (following the erection of the subject sign).

        (iii)   On land within INDUSTRIAL AREAS where:
                The sign is not erected on an item or on a site comprising an item of
                environmental heritage or a brothel.
                The sign is of a professional standard of construction and finish and is not
                animated or flashing.

                                             Page 16
Ballina Shire Development Control Plan –                                         26 October 2006
Exempt and Complying Development

               In the case of a sign with clearly defined edges, the height of text or other
               content of the sign does not exceed 75% of the total height of the sign.
               There are not more than a total of two of the following sign types on the land:
                    One pole sign (being an advertising device supported by one or more
                    columns, uprights or braces in or on the ground, and which is not attached
                    to any building or other structure) with
                        Maximum height 3 metres;
                        Where there is a single tenancy or business within a building or site,
                        maximum surface area not exceeding 4m2;
                        Where there are multiple tenancies or businesses within a building or
                        site, maximum surface area of 8m2 to enable the identification of
                        various tenants or businesses;
                        Designed and installed in accordance with manufacturer’s
                        specifications.
                    One flush wall sign or painted wall sign where the sign does not have an
                    area greater than:
                        10% of the building elevation, if the elevation is >200m2;
                        20m2 if the building elevation is > than 100m2 but <200m2;
                        20% of the building elevation, if the elevation is <100m2.
                    One top hamper sign (being a sign attached to the transom of a doorway
                    or window) with a maximum area of 3m2.

       (iv)    On land within RURAL or ENVIRONMENTAL PROTECTION ZONES in the
               Ballina Local Environmental Plan where:
               Signs are not erected on an item or site comprising an item of local
               environmental heritage;
               There is only one sign which does not exceed 0.75m2 in area;
               The sign is of a professional standard of construction and finish; and
               The sign is not illuminated, animated or flashing; and
               The sign is not located within 250m of a classified road.

       (i)     On land within OPEN SPACE ZONES in the Ballina Local Environmental
               Plan where:
               The sign dimensions do not exceed 1200mm by 800mm; and
               Sponsors names are restricted to 10% of the advertising area of the sign; and
               The sign is approved by Council’s Open Space Manager.

b)     Identification, interpretive, directional and advanced warning signs
           Constructed and installed by or on behalf of the Council or the Roads and Traffic
           Authority.

c)     Municipal, school or other signs of a public nature
          Installed by public authorities.

d)     Real Estate Signs
          The sign is a real estate sign advertising that the premises on which it is displayed
          are for sale or lease.
          The sign and any structure together have a maximum area of 2.5m2 on residential
          or rural premises, or 4.5m2 on commercial or industrial premises.
          The sign is removed within 14 days after the sale or letting of the property.
          The sign in located wholly within the subject property.
          The sign is not illuminated, animated or flashing.

                                            Page 17
Ballina Shire Development Control Plan –                                            26 October 2006
Exempt and Complying Development


e)       Temporary Signs
            The sign is a temporary advertisement for a social, cultural, political or recreational
            event that is displayed no more than 28 days before the event and is removed
            within 14 days after the event.
            The sign in located wholly within the subject property.
            The sign is not illuminated, animated or flashing.
            The ‘advertising area’ of such signage does not exceed 1.5m2 per premises.

f)       Signs behind the glass line of a shop window or painted on the window of a shop
            The sign, if illuminated, is not animated or flashing.
            The ‘advertising area’ of such signage does not exceed 40% of the total glazed
            area of the premises.

g) Change in the face content or message from that which was displayed on a
   previously lawful advertisement:
          The sign does not contain offensive or prohibited material;
          The sign is of a professional standard of construction and finish;
          The sign is not animated and there is no additional illumination from that which is
          existing.
          The change does not alter the sign ‘type’, i.e. from a “business identification sign”
          to a general “advertising sign’’.

h) Community signs, including community notice boards:
        The sign is erected in accordance with Ballina Council “Fund Raising and Events
        Banner Policy”; or
        The sign provides information to the public relating to:
          community events or activities; or
          notices of public health and safety; and
        The sign is installed by or on behalf of Council.

i)   Garage Sale signs where:
            The sign has a maximum surface area of 0.5m2; and
            The sign is erected only on the day of a sale to which the sign relates; and
            There are no more than 2 signs per garage sale.




Skylights, Roof Windows, Solar Tubes and the like

         Located not less than 900mm from side or rear property boundaries and not less than
         900mm from a dividing fire wall between residential units.
         Maximum area does not exceed 1m2.
         Building work does not reduce the structural integrity of the building or involve structural
         alterations.
         Any opening created by the installation to be adequately weatherproofed.
         Installed in accordance with manufacturer’s specifications.




                                              Page 18
Ballina Shire Development Control Plan –                                        26 October 2006
Exempt and Complying Development

Special Events (such as Street Parades, Processions or Marches, Fun Runs, Cycling
Races, Festivals, Cultural Celebrations, Sporting Events, Open Air Theatre, Concerts,
Balls, Dance Parties or the like).

       Where they are held in a public place or public reserve or on a public road; and
       When an approval has been obtained from Council under its adopted “Special Events
       Policy”; and
       Provided no permanent structures are erected; and
       Provided no clearing or disturbance to native vegetation is required.




Telecommunication Facilities

       Development under the Commonwealth Telecommunications Act (Low-impact Facilities)
       Determination 1997 classified as “low impact facility” under that Act.




Temporary Structures associated with Building Construction (Such as building site sheds,
offices & amenities buildings, scaffolding and the like)

       Where in conjunction with a development where consent has been granted.
       Removed immediately on completion of building work or before any occupation of the
       building.
       To be securely tied down with anchors or similar.
       Any buildings must not be used for residential purposes or for the storage and handling of
       inflammable materials other than in accordance with Workcover requirements.




Water Heaters (including solar systems)

       Installed in accordance with manufacturer’s specifications.
       Installed by licensed tradesperson.
       Any opening created by installation adequately weatherproofed.
       Must not reduce structural integrity of building.




                                           Page 19
Ballina Shire Development Control Plan –                                        26 October 2006
Exempt and Complying Development




Water Storage Tanks

Rural Areas

        Located within Rural Zones 1(a1), 1(a2), 1(b) and1(e) and Environmental Protection Zone
        7(c) 7(d) and 7(d1).
        Located within Rural Zone 1(d) and not subject to Clause 34 of the Ballina LEP (North
        Lakes Estate).
        Located behind building line.
        Maximum 60,000 litres capacity.
        Fitted with a T-end 38mm gate valve.
        Designed and installed in accordance with manufacturer’s or structural engineer’s details
        and in accordance with relevant Australian Standards.
        It does not involve excavation beyond 1 metre below existing ground level, unless located
        on land identified as Category 5 on the Acid Sulphate Soils Planning Maps available for
        inspection at the Council Chambers.

Urban Areas

        Located behind the building line and in the rear or side yard area.
        Maximum 10,000 litres capacity.
        No interconnection with Council’s water supply.
        Overflows connected to stormwater drainage system.
        Designed and installed in accordance with manufacturer’s or structural engineer’s details
        and in accordance with relevant Australian Standards.
        It does not involve excavation beyond 1 metre below existing ground level, unless located
        on land identified as Category 5 on the Acid Sulphate Soils Planning Maps available for
        inspection at the Council Chambers.

Note: It is recommended that first flush diversion systems be used to divert dust and litter from
roof areas from the water supply.

The installation of water pumps has the potential to cause offensive noise to neighbours. Care
should be taken with the location of units to minimise potential noise nuisance. Systems should
also be maintained to ensure proper functioning. Ideally, the noise level at the boundary should
not exceed 5dBA above the background level. Manufacturers should be able to provide advice on
noise levels.




                                           Page 20
Ballina Shire Development Control Plan –             26 October 2006
Exempt and Complying Development




                                           BLANK




                                           Page 21
Ballina Shire Development Control Plan –             26 October 2006
Exempt and Complying Development




      PART 2 – COMPLYING DEVELOPMENT




                                           Page 22
Ballina Shire Development Control Plan –                                       26 October 2006
Exempt and Complying Development




2.1    HOW DO I FIND OUT IF MY PROPOSAL IS “COMPLYING
       DEVELOPMENT”?

To find out if your proposal is Complying Development, follow these steps;


       Step 1     Ensure that the development meets all of the general criteria listed in
                  Part 2.3 of this DCP.

       Step 2     Ensure that the development meets all of the relevant specific criteria
                  listed in Schedule 2 of this DCP.


If your development meets all of these requirements, then it is Complying Development.
If your development does not meet all of these requirements, then it is not Complying
Development and you will need to make a development application to Council to
undertake the project. It is not possible to use conditions to amend a proposal so that it
qualifies as Complying Development.


2.2    MAKING AN APPLICATION

How do I make an application?

You may make an application for a Complying Development from either Ballina Council
or an Accredited Certifier. If you choose to lodge your application with Council, the
following information is required:

•   A completed application form signed by the owner of the land; and

•   2 sets of professionally drawn plans and specifications complying with the Building
    Code of Australia; and

•   A written schedule which demonstrates how the application complies with the
    relevant Complying Development Criteria in Schedule 2; and

•   Engineering drawings, if applicable; and

•   The relevant fee.




                                           Page 23
Ballina Shire Development Control Plan –                                  26 October 2006
Exempt and Complying Development




How Long Will It Take To Get My Approval?


The Act requires that Council or an Accredited Certifier process the Complying
Development Certificate within 7 days from the date of the submission, provided that the
plans and specifications comply with all of the Complying Development Criteria from this
DCP and the prescribed conditions of approval from this DCP and the EP&A Act.


Do I Need To Get Any Other Approvals?


If you obtain a Complying Development Certificate, you do not have to get any other
development approvals from Council. However, it is important that you are aware of the
possibility that you may need to obtain consent from other Statutory Authorities. This
may consist of a simple referral to other service providers such as NorthPower or it may
be more complex and involve the issuing of licenses. It is recommended that you seek
advice from your PCA on whether additional consents are required for your development
proposal.

In some instances, the Building and Construction Industry Payment Act 1986 will require
the payment of a long service levy to Council, acting as agent, prior to the issue of the
Construction Certificate for the works. Your PCA will be able to provide you with more
information on whether or not your project will require payment of the levy.


Complying Development Conditions


All Complying Development certificates must be issued with a copy of all the relevant
conditions for the particular development. The conditions must be attached to the
Certificate and issued in their entirety as they appear in Schedule 3 of this DCP.


How Long is a Complying Development Certificate Valid For?


A certificate lapses five (5) years after the date endorsed on a certificate unless the
development is physically commenced within the five year period (see Section 86A of the
EP&A Act).


Registration of Complying Development Certificates


The EP&A Act requires Council to maintain a record of all Complying Development
Certificates that are approved or refused. To cover Council’s costs of maintaining this
record in a register, a registration fee is charged for all certificates lodged by an
accredited certifier. Certificates issued by Council are not charged an additional fee and
the fee is incorporated into the cost of assessment of a Complying Development
Certificate.




                                           Page 24
Ballina Shire Development Control Plan –                                    26 October 2006
Exempt and Complying Development




2.3 WHAT DEVELOPMENT IS “COMPLYING DEVELOPMENT”?
Development listed in Schedule 2 is Complying development only if:
       It is not on land that:
           Is a critical habitat (pursuant to the Threatened Species Conservation Act
           1995); or
           Is part of a wilderness area (pursuant to the Wilderness Act 1987); or

           Is an Aboriginal place (pursuant to the National Parks and Wildlife Act 1977);
           or

           Is an aquatic reserve (pursuant to the Fisheries Management Act 1994; or

           Is a declared marine park (pursuant to the Marine Parks Act 1997); or

           Is reserved or dedicated under the Crown Lands Act 1989 for the
           preservation of flora, fauna, or geological formations or for other
           environmental protection purposes; or

           Is subject to State Environmental Planning Policy No.14 – Coastal Wetlands;
           or

           Is subject to State Environmental Planning Policy No 26 – Littoral Rainforests
           (Note: In addition to the identified SEPP#26 core areas, this policy also
           applies to a 100metre buffer around each core area); or
           Is subject to an order under the Heritage Act 1974; or
           Is identified as an Item of Environmental Heritage in Schedule 1 of the Ballina
           Local Environmental Plan 1987 (BLEP 1987) or is located within 60 metres of
           the boundary of such an Item; or
           Is Zoned pursuant to the BLEP 1987;

          • Environmental Protection - 7(a) - Wetlands, 7(f) - Coastal Lands or 7(l) -
            Habitat; or
          • Reserves - 8(a) - National Parks and Nature; or
          • Road - 9(a) - Main Road Proposed or 9(b) - Local Road Proposed; or

           Is within a Foreshore Building Line or is within 40 metres of a watercourse,
           stream, creek or lake; or
           Is identified as contaminated or potentially contaminated land; or
       It complies fully with the relevant requirements and standards specified in
       Schedule 2 of this DCP; and
       It complies fully with the relevant development standards in the BLEP 1987; and
       It does not require the clearing of any native vegetation to prepare the site.

(Continues next page)


                                           Page 25
Ballina Shire Development Control Plan –                                 26 October 2006
Exempt and Complying Development



(Continued from previous page)

       Is identified within the maximum 1:100 hazard line identified by the adopted
       Ballina Shire Coastline Hazard Definition Study Final Report prepared by WBM
       Oceanics Australia (see map in Part 4.1 of this DCP).

       It does not contravene or compromise any condition of development consent or
       building approval applying to the land; and

       It does not involve excavation beyond 1metre below existing ground level, unless
       located on land identified as Category 5 on the Acid Sulphate Soils Planning
       Maps available for inspection at the Council Chambers; and

       All structures:

           Comply with the deemed to satisfy provisions of the Building Code of
           Australia applicable to the development and relevant Australian Standards;
           and

           Are located wholly within the subject site; and

           Are located clear of power lines in accordance with the requirements of
           NorthPower; and

           Are located so as to not obstruct stormwater drainage to or from the site and,
           where appropriate, stormwater disposal methods are incorporated so as to
           not cause nuisance or damage to adjoining properties.

           Are located so as to not obstruct pedestrian and vehicular access to or from
           the site; and

           Are located so as to not compromise the effectiveness of any swimming pool
           safety barrier or fence; and

           Are located clear of all registered easements; and

           Are located a minimum distance equivalent to the depth of the invert level of
           any Council sewer main or Council stormwater pipe, as measured from the
           centre line of such pipe; and

           Are located clear of any domestic sewer lines, sewer overflow gullies, sewer
           boundary shafts and hot water service overflows; and

           Are built with materials which match or complement the design and
           appearance of existing development on site and in the locality.


Note: Covenants - You are advised to be aware of any private restrictive covenants
that may burden the land and impact on the development.

Note: Building Lines - A list of rural building lines can be found in Part 3 of this DCP.
A list of urban building lines can be found in Policy Statement No.3 of Chapter 1 Urban
Land          of          the        Ballina        Shire        Combined            DCP.


                                           Page 26
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development




                                        SCHEDULE 2
                    COMPLYING DEVELOPMENT CRITERIA
Notes in this Schedule are explanatory notes provided to assist understanding, and do not form a
part of this Development Control Plan.




CATEGORY 1
WHAT:        SINGLE STOREY DWELLING HOUSES INCLUDING ATTACHED GARAGES -
             CONSTRUCTION, ALTERATIONS, ADDITIONS AND ANCILLARY WORKS

WHEN:              The site is located within Residential Zone 2a or 2b pursuant to the Ballina
                   Local Environmental Plan 1987.
                   The site is not located within the area defined under the following Chapters
                   of the Ballina Shire Combined DCP:
                   - Chapter 3 Coastal Hazard Protection – Lennox Head
                   - Chapter 4 Aircraft Noise
                   - Chapter 6 Alstonville Village Centre Enhancement
                   The site, as existing, complies with the minimum fill levels identified in
                   Policy Statement No.11 – Flood levels of Chapter 1 Urban Land of the
                   Ballina Shire Combined DCP. (Note: Consent is required from Council to fill
                   flood prone land).
                   The dwelling is connected to the reticulated sewerage system, all required
                   Section 68 approvals under the Local Government Act are to be obtained
                   from Council prior to the issue of any complying development certificate.
                   The dwelling is not a dual occupancy, duplex or residential flat building.
                   The dwelling is not used for commercial display home purposes.
                   The dwelling complies fully with the requirements of the NSW Building
                   Sustainability Index (BASIX).
                   The dwelling complies fully with the following design criteria;



DESIGN CRITERIA:

SITING

         All parts of the building comply with the relevant building lines provided in Policy
         Statement No. 3 – Urban Building Lines of Chapter 1 Urban Land of the Ballina Shire
         Combined DCP.

         Where the relevant building line is less than 6 metres, the entrance to a garage or carport
         is a minimum of 5.5 metres from the front property boundary or 8 metres from the kerb
         edge.

         The external walls of the building are no less than 900mm clear of side or rear
         boundaries.

         The outside of any eaves or gutters are no less than 675mm clear of side or rear
         boundaries, except for the corner of any eaves or gutters, which may be 450mm from a
         side or rear boundary provided that they are setback 675mm from the side or rear
         boundary at the point 1.8metres from the corner of the eave.



                                             Page 27
Ballina Shire Development Control Plan –                                            26 October 2006
Exempt and Complying Development


BUILDING DESIGN, LANDFORM AND AMENITY


       The floor level of the building, excluding attached garages, complies with the minimum
       floor levels identified in Policy Statement No.11 - Flood Levels of Chapter 1 Urban Land
       of the Ballina Shire Combined DCP and the floor level of any attached garage is set down
       a maximum of 150mm (as measured at the vehicle entry opening) from the remainder of
       the dwelling.

       The height of any cut and fill or the total height of a combination of cut and fill on the
       property is a maximum of 1 metre.

       The distance between the junction of the external wall and roof, gutter or eaves is no
       greater than 3.6 metres from existing ground level.

       The roof pitch is no greater than twenty four degrees and any roof openings, other than
       those categorised as Exempt development, are to finish flush with the roof.

       The aggregate area of all associated buildings (i.e. a dwelling and ancillary development)
       does not exceed two-thirds of the area of the site.

       The total area of any decks or verandahs on a property is not greater than 45m2 and is
       not greater than 1 metre above existing ground level.

       There is only one kitchen facility (including kitchen sink) provided in the building.

       All ancillary development complies fully with the relevant Exempt development exemption
       criteria as specified in Part 1 of this DCP.

       If located in the Wollongbar Urban Expansion Area (as illustrated in Part 4.3 of this DCP),
       the dwelling and associated development complies fully with all detailed residential
       design controls as specified in the applicable development consent which created the
       subject allotment (pursuant to Clause 4.20 of Chapter 15 of the Ballina Shire Combined
       DCP).


EXTERNAL MATERIALS


       The roof of the proposed development has a low reflective index and is not constructed of
       unpainted zincalume.

       The roof of the proposed development is not white, off-white or light grey in colour.

       The external walls of the dwelling are not constructed of sheet metal cladding other than
       where used above wall openings or gable roof ends.

       For work other than the construction of a new dwelling, colours, materials and rooflines
       are to integrate and complement the existing dwelling.




                                             Page 28
Ballina Shire Development Control Plan –                                       26 October 2006
Exempt and Complying Development


VEHICLE ACCESS AND PARKING


       All driveways, footpath and gutter crossings are designed to comply with Council’s design
       specifications.

       All driveways are located a minimum of 6metres from the extremities of a road
       intersection (ie the intersection tangent points) and constructed of an approved
       impervious material such as concrete, paving or bitumen. All driveways shall be designed
       to not divert storm waters onto adjoining properties

       All driveways located within the property boundary have a maximum gradient of 1in 5,
       whilst the gradient of the driveway across the footpath area is not greater than 1 in 6.
       Note: The driveways should be designed so that changes in grade do not cause a vehicle
       to scrape the surface of the driveway.

       All footpath crossings have a minimum width of 3 metres and a maximum width of 5.5
       metres.

       Where kerb and gutter is provided, driveways are a minimum of 1metre clear of all
       drainage structures on the kerb and gutter and do not interfere with any existing public
       utilities, unless prior approval has been obtained from the relevant authority.

       Where kerb and gutter is not provided, a vehicle entrance incorporating a minimum
       375mm diameter reinforced concrete stormwater pipe and concrete headwalls or other
       arrangement, subject to the prior approval of Council, shall be constructed to provide
       access to the lot.

       A minimum of one carparking space is provided behind the relevant building line. Such
       space is to measure not less than 5.5 metres x 2.5 metres and be surfaced with a dust
       free type material.

Note: The PCA should consult the restrictive covenants applying to the land with respect to
siting, materials of construction, fences, stormwater disposal and the like.




                                           Page 29
Ballina Shire Development Control Plan –                                           26 October 2006
Exempt and Complying Development




CATEGORY 2
WHAT:        DETACHED GARAGES AND GARDEN STORAGE SHEDS

WHEN:               The maximum internal floor area is 36m2.
                    The development contains no sanitary facilities and is constructed clear of
                    any sewage management facility.
                    The development is ancillary to a detached dwelling house i.e. not a dual
                    occupancy, duplex or residential flat building.
                    The development is not located within the area defined under the following
                    Chapters of the Ballina Shire Combined DCP:
                    - Chapter 3 - Coastal Hazard Protection – Lennox Head; or
                    - Chapter 6 - Alstonville Village Centre Enhancement.
                    The development complies fully with the following design criteria:



DESIGN CRITERIA:


SITING

         All parts of the building comply with the relevant building lines provided in Policy No.3 of
         Chapter 1 Urban Land of the Ballina Shire Combined DCP.

         Where the relevant building line is less than 6 metres, the entrance to a garage is a
         minimum of 5.5 metres from the front property boundary or 8 metres from the kerb edge.

         The external walls of the building are no less than 900mm clear of side or rear
         boundaries.

         The outside of any eaves or gutters are no less than 675mm clear of side or rear
         boundaries.


BUILDING DESIGN, LANDFORM AND AMENITY


         The height of any cut and fill or the total height of a combination of cut and fill on the
         property is a maximum of one metre.

         The distance between the junction of the external wall and roof, gutter or eaves is no
         greater than 2.7 metres from existing ground level.

         The roof pitch is no greater than twenty four degrees and any roof openings, other than
         those categorised as Exempt development are to finish flush with the roof.

         The aggregate area of all associated buildings (i.e. a dwelling and ancillary development)
         does not exceed two-thirds of the area of the site.




                                              Page 30
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development


EXTERNAL MATERIALS


       The roof of the proposed development has a low reflective index and is not constructed of
       unpainted zincalume.

       The roof of the proposed development is not white, off white or light grey in colour.

       The wall cladding is constructed of the same materials as the dwelling and, where other
       than face brick, is to be painted or pre coloured.


VEHICLE ACCESS AND PARKING


       All driveways, footpath and gutter crossings are designed to comply with Council’s design
       specifications.

       All driveways are located a minimum of 6 metres from the extremities of a road
       intersection (ie the intersection tangent points) and constructed of an approved
       impervious material such as concrete, paving or bitumen. All driveways shall be designed
       to not divert storm waters onto adjoining properties.

       All driveways located within the property boundary have a maximum gradient of 1 in 5,
       whilst the gradient of the driveway across the footpath area is not greater than 1 in 6.
       Note: The driveways should be designed so changes in grade do not cause a vehicle to
       scrape the surface of the driveway.

       All footpath crossings have a minimum width of 3 metres and a maximum width of 5.5
       metres.

       Where kerb and gutter is provided, driveways are a minimum of 1 metre clear of all
       drainage structures on the kerb and gutter and do not interfere with any existing public
       utilities, unless prior approval has been obtained from the relevant authority.

       Where kerb and gutter is not provided, a vehicle entrance incorporating a minimum
       375mm diameter reinforced concrete stormwater pipe and concrete headwalls or other
       arrangement, subject to the prior approval of Council, shall be constructed to provide
       access to the lot.




                                            Page 31
Ballina Shire Development Control Plan –                                           26 October 2006
Exempt and Complying Development




CATEGORY 3
WHAT:        OPEN CARPORTS, OPEN AWNINGS, PERGOLAS AND GLASS/SCREEN
             ENCLOSURES
WHEN:             The maximum under roof area is 36m2.
                  The development is ancillary to a detached dwelling house i.e. not a dual
                  occupancy, duplex or residential flat building.
                  The development is not located within the area defined under the following
                  Chapters of the Ballina Shire Combined DCP:
                  -   Chapter 3 - Coastal Hazard Protection – Lennox Head; or
                  -   Chapter 6 - Alstonville Village Centre Enhancement.
                  The development complies fully with the following design criteria:


DESIGN CRITERIA:

SITING

         All parts of the building comply with the relevant building lines provided in Policy No.3 of
         Chapter 1 - Urban Land of the Ballina Shire Combined DCP.

         Where the relevant building line is less than 6 metres, the entrance to a carport is a
         minimum of 5.5 metres from the front property boundary or 8 metres from the kerb edge.

         The support posts or wall of the building are no less than 900mm clear of side or rear
         boundaries.

         The outside of any eaves or gutters are no less than 675mm clear of side or rear
         boundaries.

         The area of the walls to the enclosures of any outdoor living area are to comprise 50% of
         glass or mesh screening.

         Where glass/screen enclosures are proposed within those areas identified within Policy
         Statement No. 11 – Flood Levels of Chapter 1 - Urban Land of the Ballina Shire
         Combined DCP, the top of the floor level is to be constructed at the minimum required
         floor level.


BUILDING DESIGN, LANDFORM AND AMENITY


         The height of any cut and fill or the total height of a combination of cut and fill on the
         property is a maximum of one metre.

         The distance between the junction of the external wall and roof, gutter or eaves is no
         greater than 2.7 metres from existing ground level.

         The roof pitch is no greater than twenty four degrees and any roof openings, other than
         those categorised as Exempt development are to finish flush with the roof.

         The aggregate area of all associated buildings (i.e. a dwelling and ancillary development)
         does not exceed two-thirds of the area of the site.




                                              Page 32
Ballina Shire Development Control Plan –                                             26 October 2006
Exempt and Complying Development


EXTERNAL MATERIALS


       The roof of the proposed development has a low reflective index and is not constructed of
       unpainted zincalume.

       The roof of the proposed development is not white, off white or light grey in colour.

       The wall cladding, other than face brick, is to be painted or pre coloured.


VEHICLE ACCESS AND PARKING


       All driveways, footpath and gutter crossings are designed to comply with Council’s design
       specifications.

       All driveways are located a minimum of 6 metres from the extremities of a road
       intersection (ie the intersection tangent points) and constructed of an approved
       impervious material such as concrete, paving or bitumen. All driveways shall be designed
       to not divert storm waters onto adjoining properties.

       All driveways located within the property boundary have a maximum gradient of 1 in 5,
       whilst the gradient of the driveway across the footpath area is not greater than 1 in 6.
       Note: The driveways should be designed so changes in grade do not cause a vehicle to
       scrape the surface of the driveway.

       All footpath crossings have a minimum width of 3 metres and a maximum width of 5.5
       metres.

       Where kerb and gutter is provided, driveways are a minimum of 1 metre clear of all
       drainage structures on the kerb and gutter and do not interfere with any existing public
       utilities, unless prior approval has been obtained from the relevant authority.

       Where kerb and gutter is not provided, a vehicle entrance incorporating a minimum
       375mm diameter reinforced concrete stormwater pipe and concrete headwalls or other
       arrangement, subject to the prior approval of Council, shall be constructed to provide
       access to the lot.




                                            Page 33
Ballina Shire Development Control Plan –                                           26 October 2006
Exempt and Complying Development




CATEGORY 4
WHAT:        DECKS AND PATIOS

WHEN:               The total area of any decks, patios or verandahs on a property is not greater
                    than 45 m2.
                    The floor of the deck of the deck or patio is not greater than 1metre above
                    ground level.
                    The development is ancillary to a detached dwelling house i.e. not a dual
                    occupancy, duplex or residential flat building.
                    The development is not located within the area defined under the following
                    Chapters of the Ballina Shire Combined DCP:
                    - Chapter 3 - Coastal Hazard Protection – Lennox Head; or
                    - Chapter 6 - Alstonville Village Centre Enhancement.
                    The development complies fully with the following design criteria:



DESIGN CRITERIA:


SITING

         All parts of the building comply with the relevant building lines provided in Policy No.3 of
         Chapter 1 - Urban Land of the Ballina Shire Combined DCP.

         The support posts or floor of the structure is no less than 900mm clear of side or rear
         boundaries.

         The outside of any eaves or gutters are no less than 675mm clear of side or rear
         boundaries.


BUILDING DESIGN, LANDFORM AND AMENITY


         The height of any cut and fill or the total height of a combination of cut and fill on the
         property is a maximum of one metre.

         Where roof covered, the distance between the junction of the roof, gutter or eaves is no
         greater than 2.7 metres from existing ground level.

         Where roof covered, the roof pitch is no greater than twenty four degrees and any roof
         openings, other than those categorised as Exempt development are to finish flush with
         the roof.

         The aggregate area of all associated buildings (i.e. a dwelling and ancillary development)
         does not exceed two-thirds of the area of the site.




                                              Page 34
Ballina Shire Development Control Plan –                                       26 October 2006
Exempt and Complying Development


EXTERNAL MATERIALS


       Where roof covered, the roof of the proposed development has a low reflective index and
       is not constructed of unpainted zincalume.

       Where roof covered, the roof of the proposed development is not white, off white or light
       grey in colour.

       The materials are to match or complement the design and appearance of the existing
       development on the site.


Note: In some instances if your proposed deck is less than 20m2, your proposal may be
considered “Exempt Development”. You are referred to Part 1 of this DCP for more information
on this matter.




                                           Page 35
Ballina Shire Development Control Plan –                                            26 October 2006
Exempt and Complying Development




CATEGORY 5
WHAT:        RURAL OUTBUILDINGS INCLUDING FARM SHEDS

WHEN:               The maximum internal floor area is 72m2.
                    The development contains no sanitary facilities and is constructed clear of
                    any sewage management facility.
                    The development is located within Rural Zones 1(a1), 1(a2), 1(b), 1(e) and
                    Environmental Protection Zone 7(c) – Water Catchment.
                    The development is located within Rural Zone 1(d) and is not subject to
                    Clause 34 of the Ballina LEP (North Lakes Estate).
                    The development is located clear of areas of overland stormwater flow.
                    The use of the building is ancillary to the agricultural use of the land.
                    The development complies fully with the following design criteria:



DESIGN CRITERIA:


SITING


         All parts of the building comply with the relevant building lines provided in Schedule 4 of
         this DCP.

         The external walls of the building are no less than 5 metres clear of side or rear
         boundaries.


BUILDING DESIGN, LANDFORM AND AMENITY


         The height of any cut and fill or the total height of a combination of cut and fill on the
         property is a maximum of 1 metre.

         The height of the building as measured from existing ground level to roof ridge height
         does not exceed 4.5 metres.

         The development does not involve the clearing of any native vegetation.


EXTERNAL MATERIALS

         The external finish of the building is painted or pre coloured in earthen tones having low
         reflectivity.

         The roof of the proposed development is not white, off white or light grey in colour or
         unpainted zincalume.


VEHICLE ACCESS AND PARKING

         No new property boundary vehicular access points are created.




                                              Page 36
Ballina Shire Development Control Plan –                                              26 October 2006
Exempt and Complying Development




CATEGORY 6

WHAT:        SWIMMING POOLS INCLUDING SPAS

WHEN:               The swimming pool is ancillary to a detached dwelling house i.e. not a dual
                    occupancy, duplex or residential flat building.
                    The swimming pool has a maximum water surface area of 50m2.
                    The swimming pool is not located within the area defined under Chapter 3 -
                    Coastal Hazard Protection – Lennox Head of the Ballina Shire Combined
                    DCP.
                    The swimming pool does not involve excavation beyond 1metre below
                    existing ground level, unless located on land identified as Category 5 on the
                    Acid Sulphate Soils Planning Maps available for inspection at the Council
                    Offices.
                    The swimming pool complies fully with the following design criteria;



DESIGN CRITERIA:


SITING


         All parts of the swimming pool comply fully with the relevant building lines identified in
         Policy Statement No. 3 of Chapter 1 – Urban Land of the Ballina Shire Combined DCP.

         The swimming pool is located clear of the zone of influence of any adjoining structures.
         Note: this includes structures both within and external to the property.

         The swimming pool walls are located no less than 900mm clear of side or rear boundaries


BUILDING DESIGN, LANDFORM AND AMENITY


         The height of any cut and fill or the total height of a combination of cut and fill, external to
         the swimming pool is a maximum of 1 metre.

         All coping or decking around the swimming pool is no greater than 500mm above existing
         ground level at any point.

         All fencing complies with the Swimming Pools Act 1992 and Australian Standard 1926.

         The walls of any adjoining dwellings or structures do not form part of the swimming pool
         fencing.

         The noise level of any filtration equipment or pump does not exceed 5dBA above the
         ambient background level measured at the property boundary.

         Perimeter drainage directs all splash or spill over water away from adjoining properties.




                                               Page 37
Ballina Shire Development Control Plan –                                           26 October 2006
Exempt and Complying Development




CATEGORY 7

WHAT:       COMMERCIAL PREMISES -                 CHANGE          OF   USE   INVOLVING      INTERNAL
            STRUCTURAL ALTERATIONS

WHEN:             The development involves a change of use from a shop to a shop but does
                  not involve a change of use to a food shop; or
                  The development involves a change of use from a commercial premises to a
                  commercial premises; or
                  The development involves a change of use from an office to an office; or
                  The development involves a change of use from an industry or light industry
                  to a light industry; or
                  The development involves a change of use from a social or sporting club to
                  another social or sporting club; or
                  The development involves a change of use from a community or cultural
                  centre to another community or cultural centre; and
                  The development complies fully with the following design criteria:



DESIGN CRITERIA:


        The external configuration of the building is not altered. For example there shall be no
        increase in window, door, wall or roof sizes, unless these alterations are classified as
        Exempt development in Part 1 of this DCP.

        There is no increase in the floor area of the building.

        The new use replaces a previous use approved in a development consent.

        The new use is permissible in the zone.

        The changes will not result in a reduction to the existing carparking levels or landscaping.

        The new use does not generate additional carparking requirements.

        There is no extension or alteration to the hours of operation of the premises.

        Publications within the meaning of the “Classifications (Publications, Films and Computer
        Games) Enforcement Act 1995” and objects concerned primarily with sexual behaviour
        not exhibited or sold.




                                              Page 38
Ballina Shire Development Control Plan –                                   26 October 2006
Exempt and Complying Development




CATEGORY 8
WHAT:      DEMOLITION OF DETACHED DWELLING HOUSES, ANCILLARY STRUCTURES &
           SHEDS AND RURAL OUTBUILDINGS

WHEN:            The demolition does not involve a property, place or building identified as an
                 Item of Environmental Heritage in Schedule 1 of the Ballina Local
                 Environmental Plan 1987 or subject to an order under the Heritage Act 1974.
                 The demolition is not located within the area defined under Chapter 6 –
                 Alstonville Village Centre Enhancement of the Ballina Shire Combined DCP.
                 All work complies with Australian Standard 2601-1991, Demolition Code.
                 The demolition does not involve the use of explosives.




                                           Page 39
Ballina Shire Development Control Plan –                                         26 October 2006
Exempt and Complying Development




CATEGORY 9
WHAT:       USING AN EXISTING APPROVED DWELLING HOUSE AS A
            BED AND BREAKFAST ESTABLISHMENT

WHEN:             The Bed and Breakfast establishment is a dwelling house occupied and
                  used by the permanent residents to provide short term paid
                  accommodation (which may include meals) and may include ancillary
                  buildings within the curtilage of the dwelling house.
                  The Bed and Breakfast provides temporary and overnight accommodation
                  for the short-term tourist/traveller/visitor, and is not utilised or let for long-
                  term residency.
                  The Bed and Breakfast is operated by the permanent resident of the
                  dwelling house within which the establishment operates.
                  No more than one (1) bedroom (exclusive of bathrooms, water closets etc)
                  of any dwelling house so used is to be utilised for Bed and Breakfast
                  accommodation.
                  Where located on land zoned pursuant to the Ballina Local Environmental
                  Plan 1(a1), 1(a2), 1(b), 1(d), 7(c), 7(d), or 7(i) and the site fronts a classified
                  road, vehicular access is available other than directly from the classified
                  road.
                  Vehicular access is available from a sealed road.
                  The dwelling is not a dual occupancy, duplex or residential flat building.
                  The dwelling complies fully with the following design criteria;



DESIGN CRITERIA:


BUILDING DESIGN, LANDFORM AND AMENITY


        The establishment does not contain facilities within the bedrooms for the preparation of
        meals by guest.

        The establishment does not serve meals to persons not being accommodated at the
        establishment.

        There is not more than one sign on the property to indicate that the house is a “bed and
        breakfast” establishment
.
        The contents of the sign are restricted to the name of the establishment and the name
        and telephone number of the proprietor.

        The face area of the sign does not exceed 0.6m2 in area and is not illuminated or
        animated.




                                            Page 40
Ballina Shire Development Control Plan –                                        26 October 2006
Exempt and Complying Development


VEHICLE ACCESS AND PARKING


       At least one (1) on-site carparking space is to be provided on-site for guests and two (2)
       on-site carparking spaces are to be provided on-site for occupants of the dwelling.

       Carparking spaces associated with the Bed and Breakfast establishment does not
       interfere with free and easy access of the residence parking. (Note: stack parking
       associated with the bed and breakfast operation in the driveway in front of any garages is
       not acceptable).

       Each carparking space for the Bed and Breakfast establishment shall have minimum
       dimensions of 5.5m x 2.5m.

       The carparking design shall comply with AS 2890.1 – Off-Street Car Parking and shall be
       constructed of reinforced concrete or similar.

       Vehicular access to and from the road servicing the site to the carparking on the site
       associated with the Bed and Breakfast establishment shall be via the same access point
       as the dwelling house.




                                           Page 41
Ballina Shire Development Control Plan –                                     26 October 2006
Exempt and Complying Development




CATEGORY 10

WHAT              To convert a fire alarm system from connection with the alarm monitoring
                  system of NSW Fire Brigades to connection with the alarm monitoring
                  system of a private service provider.
                  To convert a fire alarm system from connection with the alarm monitoring
                  system of a private service provider to connection with the alarm
                  monitoring system of another private service provider.
                  To convert a fire alarm system from connection with the alarm monitoring
                  system of a private service provider to connection with a different alarm
                  monitoring system of the same private service provider.


WHEN:              Disconnection is required as the result of internal alterations to a building;
                   or .

                   Internal alterations to a building together with the mounting of an antenna,
                   and any support structure, on an external wall or roof of a building so as to
                   occupy a space of not more than 450mm x 100mm x 100mm.




                                           Page 42
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development




                                       SCHEDULE 3

     COMPLYING DEVELOPMENT CONDITIONS OF CONSENT



CATEGORY 1 – CONDITIONS OF CONSENT

REQUIRED INSPECTIONS

1     Where Council is the Principal Certifying Authority, a minimum of forty eight (48) hours prior
      notice shall be given to enable the following works to be inspected by Council. NOTE: All
      required sewer and water service plumbing and drainage inspections are to be carried out
      by Council:
      a) At the commencement of building work including the erection of builder’s sign, site
           fencing, builder’s sheds, erosion barriers and portable toilet facilities where required.
      b) Excavation for pier hole foundations prior to concrete pour.
      c) Prior to the pouring of any in-situ reinforced concrete building element.
      d) When the foundation trenches are open, the steel reinforcement in position before the
           concrete is poured.
      e) When the internal sewer drainage pipelines beneath the building have been laid by
           the licensed plumber so that a water test can be carried out before they are backfilled.
      f)   When the steel is in position before any concrete floor slabs including patios and
           garages are poured.
      g) When the external sewer drainage lines have been laid by licensed plumber so that a
           water test can be carried out before they are backfilled.
      h) When the external stormwater drainage lines have been laid and connected by a
           licensed plumber prior to backfilling.
      i)   On completion of the framework with the roof covering and external wall cladding in
           position before the internal walls and ceilings are fixed.
      j)   Prior to the covering of waterproofing flashing to any wet areas.
      k) On completion of the water supply “rough in” and/or plumbing stackwork prior to the
           internal lining of the building.
      l)   On completion of the building before occupation and the issue of any occupation
           certificate.

2     The following building works are to be inspected during construction by the Council or other
      accredited Certifier. NOTE: All required plumbing and drainage inspections are to be
      carried out by Council:
      a) Excavation for pier hole foundations prior to concrete pour.
      b) When the foundation trenches are open, the steel reinforcement in position before the
            concrete is poured.
      c) When the drainage pipelines beneath the building have been laid by the plumber so
            that a water test can be carried out before they are backfilled.
      d) When the steel is in position before any concrete floor slabs including patios and
            garages are poured.
      e) When the external drainage lines have been laid by the licensed plumber so that a
            water test can be carried out before they are backfilled.
      f)    On completion of the framework with the roof covering and external wall cladding in
            position before the internal walls and ceilings are fixed.
      g) On completion of the water supply “rough in” and/or plumbing stackwork prior to the
            internal lining of the building.
      h) On completion of the building before occupation.



                                            Page 43
Ballina Shire Development Control Plan –                                              26 October 2006
Exempt and Complying Development

PRE CONSTRUCTION

3     The development shall be carried out in accordance with the submitted plans, details and
      conditions attached to the Complying Development Certificate.
4     Where Council is not chosen as the Principal Certifying Authority, a “Notice of
      Commencement of Building Work and Appointment of Principal Certifying Authority” shall
      be submitted to Council at least two (2) days prior to work commencing.
5     Where Council is not chosen as the Principal Certifying Authority, the relevant certificate
      registration fee and required sewer inspection fees are to be paid to Council in accordance
      with Council’s Fee Schedule, prior to the issue of a Complying Development Certificate.
6     The buildings are to comply with the requirements of the Building Code of Australia and
      relevant Australian Standards.
7     The builder or person who does the residential building work is to comply with the
      applicable requirements of Part 6 of the Home Building Act 1989, whereby a person must
      not contract to do any residential building work unless a contract of insurance that complies
      with this Act is in force in relation to the proposed work. It is the responsibility of the builder
      or person who is to do the work to satisfy the Council or other accredited Certifier that they
      have complied with the applicable requirements of Part 6.
8     For builder identification purposes, a suitable sign is to be provided on the building site in a
      prominent location, indicating the builder’s name, licence number and contact phone
      numbers (including after hours).
9     For the control of litter, a suitable waste container for holding lightweight building materials
      must be made available on the building site during the course of the building work. Building
      waste such as paper, plastic, cardboard sarking etc must be regularly cleaned up and
      placed in the waste container so that it cannot be blown off the building site and litter the
      local environment.
10    For the purposes of health and amenity, a temporary builder’s toilet is to be provided on
      site before building work commences. Such facility is to be either connected to Council’s
      sewer or a suitable approved portable chemical closet is to be provided.
11    A single all weather accessway is to be provided on site that extends from the kerb to the
      building construction site. All construction vehicles are to enter and exit the site via this
      accessway so as to minimise erosion on site and prevent the movement of soil material
      onto surrounding roadways. When necessary, roadways shall be swept and all drains and
      gutters cleaned of sediment material.
      Failure to comply with this requirement may result in an on-the-spot fine being
      issued by an Authorised Officer of Council.
12    The advisory sediment and erosion sign issued with this approval is to be attached to the
      most prominent structure at the entrance of your site at all times during the construction of
      the project.
      Failure to comply with this requirement may result in an on-the-spot fine being
      issued by an Authorised Officer of Council.
13    Suitable covering and protection is to be provided to all stockpiles to ensure that no
      material is removed from the site by wind, causing a nuisance to neighbouring properties.
14    To prevent the pollution of waterways, the applicant/builder is to ensure adequate sediment
      and erosion control measures are in place prior to the commencement of works on site and
      are to be maintained during the construction of the project until the site has been stabilised
      by permanent vegetation cover or a hard surface. This is to include:
      • The prevention of soil erosion and the transportation of sediment material into any
          roadway, natural or constructed drainage systems, watercourse and or adjoining land.
      • Service trenches are to be backfilled as soon as practical.
      • Downpipes are to be connected as soon as practical or otherwise temporary downpipes
          are to be used.
      • Buffer vegetation zones are to be retained on sites that adjoin roadways, drainage
          systems and or watercourses.
      • Sediment and erosion control measures are to be maintained throughout the
          construction process and beyond by the owner, where necessary.
      Failure to comply with this requirement may result in an on-the-spot fine being
      issued by an Authorised Officer of Council.




                                               Page 44
Ballina Shire Development Control Plan –                                         26 October 2006
Exempt and Complying Development

15   If it is proposed to use a heat pump system for supplying hot water, the service is to be
     located such that noise from the unit’s fan and compressor does not create offensive noise
     at the boundary of the nearest affected residence. Generally these units are unsuitable for
     location between the building and side boundary with another residential lot.
16   If it is proposed to install air conditioning, the compressor is to be located such that noise
     from the compressor & fan and does not create offensive noise at the boundary of the
     nearest affected residence. Generally these units are unsuitable for location between the
     building and side boundary with another residential lot. Compulsory noise labelling on the
     unit provides guidance to installers.
17   The footings and/or slab design are to be designed by a qualified practising Structural
     Engineer in accordance with AS 2870 Residential Slabs and Footing Code. Such design is
     to address land stability, soil classification and adequate bearing capacities. The details are
     to be submitted to the Council or other accredited Certifier prior commencement of
     construction. The requirement for engineer designed footings or slab designs do not apply
     to dwelling additions or alterations where footing and slab designs comply with AS 2870
     Residential Slabs and Footings Code and the requirements of the Building Code of
     Australia.
18   All timber framing is to comply with requirements of the National Timber Framing Code, AS
     1684.
19   Prior to commencement of construction, the Council or other accredited Certifier is to
     assess the design wind speed rating in accordance with the National Timber Framing Code
     AS 1684 and Wind Loading Code AS 1170.2.
20   Wind bracing and tie down details prepared in accordance with the National Timber
     Framing Code AS 1684 and AS 4055 Wind Loads for Housing Code, are to be submitted to
     the Council or other accredited Certifier prior to commencement of construction.
21   Prior to commencement of construction, the Council or other accredited Certifier is to
     assess the required stress pressure and water penetration resistance (Pascal ratings) for
     the glazing to the building. Window manufacturers must label their windows with their
     identification mark, structural rating and water penetration resistance. Each panel of safety
     glazing shall be legibly marked in accordance with AS 2208. The building is to be
     constructed in accordance with the following requirements:
     a) Part 3.6 of the Building Code of Australia (Housing Provisions),
     b) Australian Standard 1288 – 1994, Glass in Buildings – Selection and Installation,
     c) Australian Standard 1170.2, Wind Loads,
     d) Australian Standard 2047 – 1999, Windows in Buildings – Selection and Installation.
22   Any roofing material used on the proposed development shall have low reflective index
     characteristics and the colour shall not be prominent against the background. Finishes
     should comprise earthy or subdued tones. Unpainted zincalume, white, off-white and light
     grey are not acceptable.
23   Where the particular subdivision is serviced by a dual water supply involving the use of
     reclaimed water, where required by Council, the development is to be connected to such
     scheme.

DURING CONSTRUCTION

24    For the purpose of residential amenity, any building work involving the use of noisy
      mechanical plant and noisy equipment must only be carried out within the following hours:
      •       Monday to Friday             - 7.00am to 6.00pm
      •       Saturdays                    - 7.00am to 1.00pm
      •       Sundays                      - No noisy work at all
25    There shall be no storage of building materials, plant or equipment on the road, footway or
      reserve areas without the prior consent of Council being obtained.
26    A survey peg-out is to be carried out by a surveyor to establish the correct position of the
      boundaries of the allotment before any building work commences, unless all the existing
      survey pegs can be located.
27    The walls and eave/gutters of the building are to be a minimum 900mm and 675mm
      respectively clear of all side and rear boundaries.
28    Any proposed excavations must be properly guarded and protected to prevent them from
      being dangerous to life or property. Any proposed excavations or filling on property
      boundaries are to be immediately retained.


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Ballina Shire Development Control Plan –                                           26 October 2006
Exempt and Complying Development

29    If an excavation associated with the erection of a building extends below the level of the
      base of the footings of a building on an adjoining allotment of land, the person causing the
      excavation to be made:
      a) Must preserve and protect the adjoining building from damage, and
      b) If necessary, must underpin and support the adjoining building in an approved
            manner, and
      c) Must, at least 7 days before excavating below the level of the base of the footings of a
            building on an adjoining allotment of land, give notice of intention to do so to the
            owner of the adjoining allotment of land and furnish particulars of the excavation to the
            owner of the building being erected.
      The owner of the adjoining allotment of land is not liable for any part of the cost of work
      carried out for the purposes of this condition, whether carried out on the allotment of land
      being excavated or on the adjoining allotment of land. In this condition, allotment of land
      includes a public road and any other public place.
30    To minimise the risk of stormwater damage, the floor level of habitable room areas within
      the building are to be constructed a minimum 300mm above the outside finished ground
      level. Care should be taken to ensure that turfing, paving and landscaping works near the
      building do not reduce the 300mm clearance. The surface stormwater drainage near the
      building should not be obstructed. Care must be taken that surface waters are not directed
      towards, nor into the building.
31    Where the floor height of the building is required to be constructed at the minimum height
      as identified in Council’s Policy Statement No. 11 of Chapter 1 Urban Land (Flood Levels)
      of the Ballina Shire Combined DCP;
      a) A Registered Surveyor’s certificate verifying compliance with the minimum height
            requirement is to be submitted to the Council or other accredited Certifier at
            completion of slab formwork stage, prior to concrete pouring, or upon completion of
            the timber floor, prior to work proceeding beyond this stage.
      b) Where filling is utilised to raise the slab level and extends to the outside of the
            building, such filling is to be adequately retained and drained to the stormwater
            drainage system, to ensure stormwater does not drain onto adjoining properties.
      c) Garage slabs attached to dwellings may be set down a maximum 150mm, as
            measured at the vehicular entry opening, with the slab being graded to permit fall for
            drainage.
      Note: This condition only applies to land identified as requiring minimum floor heights on
      Council’s flood level map.
32    Where garages are attached to dwellings, a minimum 25mm set down is to be provided
      from the top of floor level of the dwelling to the top of floor level of the garage.
33    Any subfloor brick walls to slab stepdowns is to be constructed of cavity brickwork, with the
      cavity being drained to the building exterior, to minimise dampness problems.
34    Termite protection is to be provided to the building in accordance with Part 3.1.3 of the
      Building Code of Australia (Housing Provisions) and AS 3660 – Protection of Buildings from
      Subterranean Termites. Council permits the use of both chemical spray and physical
      barrier systems. A register of accredited physical barrier systems permitted to be used
      within the Shire is maintained with Council. Where monolithic slabs are part of a termite
      barrier system, the slab is to be constructed in accordance with AS 2870.1 or engineer
      designed, being mechanically vibrated to achieve maximum compaction.
      A durable notice is to be fixed inside the meter box detailing the following:
      a) The method of termite protection used,
      b) The date of installation,
      c) The life expectancy of any termiticide used as per the NRA label,
      d) The installer’s or manufacturer’s recommendations for the scope and frequency of
            future inspections for termite activity.
      A copy of this notice is to be submitted to the Council or other accredited Certifier prior to
      occupation of the building.

      NOTICE TO OWNERS & OCCUPIERS – Maintenance of Termite Barriers
      As well as inspecting for termite activity, it is advisable where practicable, to check the
      condition of the termite barrier to assess its continued effectiveness. This may involve
      introducing remedial work, including refurbishment of barriers. Household activities such as
      landscaping, paving etc. will also need to be considered carefully and designed so that they
      do not interfere with the barrier system. Maintenance, including the keeping of accurate

                                             Page 46
Ballina Shire Development Control Plan –                                            26 October 2006
Exempt and Complying Development

      records of application is particularly important for chemical barriers that have an
      established life expectancy.
35    The building shall be provided with an automatic fire detection and alarm system in
      accordance with the following requirements:
      a) A smoke alarm system complying with Part 3.7.2 of the Building Code of Australia
            (Housing Provisions); and
      b) Smoke alarms – complying with AS 378 or listed in the SSL Register of Accredited
            Products, being connected to the 240V mains electrical power, having a standby
            power supply, and installed between each area containing bedrooms and the
            remainder of the dwelling, including any hallway associated with the bedrooms or in
            each bedroom.
      c) Where multi-unit installations are required, the alarm mode of the detectors shall be
            interconnected.
36    Adequate ventilation is to be provided to all proposed sanitary compartments in accordance
      with the Building Code of Australia. Where mechanical ventilation is used to bathrooms or
      laundries, such exhausted air is to be ducted to the exterior of the building, not into the roof
      space unless eaves and roofs are suitably vented.
37    To assist with access, a door to a sanitary compartments must:
      a) Open outwards; or
      b) Slide; or
      c) Be readily removable from the outside of the sanitary compartments, unless there is a
            clear space of at least 1.2 metres between the closet pan within the sanitary
            compartment and the nearest part of the doorway.
38    Where timber floor construction is proposed, subfloor ventilation shall be provided in
      accordance with Part 3.4.1 of the Building Code of Australia (Housing Provisions). Vermin
      proofing wire must be installed across external brick veneer wall cavities at timber floor
      construction.
39    Where tiled roofing is proposed, the roof is to be sarked in accordance with AS 2050 and
      AS 2400.
40    Lead flashings should not be used with prepainted steel or zincalume/aluminium metal.
      Where water storage tanks are installed to collect roofwater for drinking purposes, lead
      flashings are not to be used.
41    Where the driveway grades toward a proposed garage, surface drainage must be provided
      at the garage entry to prevent the ingress of stormwaters.
42    The floor level of any proposed garage is to be set at a level so that the maximum gradient
      of the driveway from the alignment to the garage is 1:5. The gradient of the driveway
      across the footpath area shall be a maximum of 1 in 6. Where the garage is to be situated
      below the level of the kerb, the level of the driveway is to be constructed so as to maintain
      the existing top of kerb level, at a distance of not more than one (1) metre from the invert of
      existing kerb and gutter.
43    Where not existing, a footpath and gutter crossing is to be provided and constructed in
      accordance with Section 8.4 of Council’s Subdivision Code. All footpath crossings are to
      have a minimum width of 3 metres and maximum width of 5.5 metres.
44    All proposed driveways are to be located a minimum of 6 metres from the extremities of a
      road intersection (ie the intersection tangent point).
45    All proposed driveways within the property boundary are to be constructed of all weather,
      dust free construction. All driveway areas are to be adequately graded and drained to the
      stormwater system to ensure that stormwater is not directed onto adjoining properties.
46    All proposed roof and surface stormwater catchment drains are to drain to the street gutter
      or interallotment stormwater drainage easement. Where stormwater is discharged to the
      street kerb, a PVC or galvanised kerb/stormwater adaptor is to be provided in accordance
      with Council’s design guidelines.
47    To assist with water conservation, all proposed showers are to be of the water conservation
      type having a flow rate not exceeding 12 litres per minute.
48    Where not existing, a sewer boundary shaft is to be provided with a concrete head and cast
      iron inspection cap.
49    Any proposed internal hot water system, other than a system located within a garage,
      laundry or other wet area, is to be provided with a stainless steel safe tray, being drained to
      the building exterior.
50    Any proposed exhaust fans over stoves must not discharge into a roof space. The fan must
      be taken to the outside air through the roof or the wall.

                                             Page 47
Ballina Shire Development Control Plan –                                                26 October 2006
Exempt and Complying Development

PRIOR TO OCCUPATION
51    Where Council is not the Principal Certifying Authority, a Compliance Certificate, prepared
      by the Accredited Certifier, is to be submitted to Council on completion of the building. Such
      certificate is to certify all required inspections, compliance with the approved plans, relevant
      Australian Standards and Building Code of Australia requirements.

      All new hot water installations shall deliver hot water at the outlet of sanitary fixtures used
      primarily for personal hygiene purposes at a temperature not exceeding 50°C.

      Hot water temperatures at 50°C or higher are still acceptable at all other fixtures e.g.
      Laundry tub and kitchen sink. Temperature control devices or equipment used to achieve
      the maximum hot water temperature shall ensure continuous flow and shall be fail safe in
      design.

      Temperature control devices shall be installed in a location that minimises any opportunity
      for being interfered or tampered with.

      Existing installations where there is any significant change of existing pipework shall
      require the installation of a hot water temperature limiting device to deliver tempered water
      at all sanitary fixtures used primarily for personal hygiene at a temperature not exceeding
      50°C.

52    Where Council is not the Principal Certifying Authority, a certificate of Occupation, prepared
      by the Accredited Certifier, is to be submitted to Council prior to occupation of the building.
53    The applicant shall submit written certification from the licensed electrical contractor that
      the automatic fire detection and alarm system has been installed in accordance with AS
      3786. Such certification shall be submitted to the Council or other accredited Certifier prior
      to occupation of the building.
54    Prior to occupation of the building, manufacturer’s certification for any glazing used within
      the building, including required Pascal ratings (stress pressure/water penetration) and
      compliance with relevant Australian Standards is to be submitted to the Council or other
      accredited Certifier.
55    Prior to occupation of the building, a certificate verifying the method of termite protection in
      accordance with Australian Standard 3660 is to be submitted to the Council or other
      accredited Certifier.
56    Where not existing, the building is to be provided with a street identification number and
      mailbox facility. Any proposed mailbox is to comply with the requirements of Australia Post,
      unless alternate postal arrangements are made.
57    Any proposed clothes line facilities are to be located in the rear or side yard area unless
      screened from street view.
58    All temporary builder’s sheds, amenities, waste storage bins and builder’s power pole are
      to be removed from the site on completion of the building.
59    Public infrastructure, such as kerb and guttering, footpath utility services or road works,
      damaged as a result of construction works related to the development shall be rectified and
      reinstated to the satisfaction of Council.
60    There shall be effective insect screening provided to all rooms capable of being used for
      sleeping (includes rooms designated as a study or sleep-out.
61    Prior to occupation of the building, a certificate verifying the installation of ceiling/ wall / roof
      insulation in accordance with submitted details (where applicable) is to be submitted to the
      Principal Certifying Authority.




                                               Page 48
Ballina Shire Development Control Plan –                                            26 October 2006
Exempt and Complying Development




CATEGORY 2 – CONDITIONS OF CONSENT

REQUIRED INSPECTIONS

1. Where Council is the Principal Certifying Authority, a minimum of forty eight (48) hours prior
   notice shall be given to enable the following works to be inspected by Council.

     a) At the commencement of building work including the erection of builder’s sign, site
        fencing, builder’s sheds, erosion barriers and portable toilet facilities where required.
     b) Excavation for pier hole foundations prior to concrete pour.
     c) When the foundation trenches are open, the steel reinforcement in position before the
        concrete is poured.
     d) Slab reinforcement prior to concrete pour.
     e) Prior to the pouring of any in-situ reinforced concrete building element.
     f) On completion of the framework with the roof covering and external wall cladding in
        position before the internal walls and ceilings are fixed.
     g) When the external stormwater drainage lines have been laid and connected by a licensed
        plumber prior to backfilling.
     h) On completion of the building before occupation and the issue of any occupation
        certificate.


PRE CONSTRUCTION

2. The development shall be carried out in accordance with the submitted plans, details and
   conditions attached to the Complying Development Certificate.
3. Where Council is not chosen as the Principal Certifying Authority, a “Notice of
   Commencement of Building Work and Appointment of Principal Certifying Authority” shall be
   submitted to Council at least two (2) days prior to work commencing.
4. Where Council is not chosen as the Principal Certifying Authority, the relevant certificate
   registration fee is to be paid to Council in accordance with Council’s Fee Schedule, prior to
   the issue of a Complying Development Certificate.
5. The buildings are to comply with the requirements of the Building Code of Australia and
   relevant Australian Standards.
6. The builder or person who does the residential building work is to comply with the applicable
   requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to
   do any residential building work unless a contract of insurance that complies with this Act is in
   force in relation to the proposed work. It is the responsibility of the builder or person who is to
   do the work to satisfy the Council or other accredited Certifier that they have complied with
   the applicable requirements of Part 6.
7. For builder identification purposes a suitable sign is to be provided on the building site in a
   prominent location, indicating the builder’s name, licence number and contact phone numbers
   (including after hours).
8. For the control of litter, a suitable waste container for holding lightweight building materials
   must be made available on the building site during the course of the building work. Building
   waste such as paper, plastic, cardboard sarking etc must be regularly cleaned up and placed
   in the waste container so that it cannot be blown off the building site and litter the local
   environment.
9. For the purposes of health and amenity, a suitable builder’s toilet is to be provided on site
   where such facility does not exist. Such facility is to be either connected to Council’s sewer or
   an approved portable chemical closet is to be provided.




                                              Page 49
Ballina Shire Development Control Plan –                                           26 October 2006
Exempt and Complying Development


10. The footings and/or slab design are to be designed in accordance with the requirements of
    AS 2870 Residential Slabs & Footings Code and the Building Code of Australia. The details
    are to be submitted to the Council or other accredited Certifier prior to commencement of
    construction.
11. All timber framing is to comply with the requirements of the National Timber Framing Code,
    AS 1684.
12. Any roofing material used on the proposed development shall have low reflective index
    characteristics and the colour shall not be prominent against the background. Finishes should
    comprise earthy or subdued tones. Unpainted zincalume, white, off-white and light grey are
    not acceptable.
13. Suitable covering and protection is to be provided to all stockpiles to ensure that no material
    is removed from the site by wind, causing a nuisance to neighbouring properties.
14. To prevent the pollution of waterways, the applicant/builder is to ensure adequate sediment
    and erosion control measures are in place prior to the commencement of works on site and
    are to be maintained during the construction of the project until the site has been stabilised by
    permanent vegetation cover or a hard surface. This is to include:
    • The prevention of soil erosion and the transportation of sediment material into any
         roadway, natural or constructed drainage systems, watercourse and or adjoining land.
    • Service trenches are to be backfilled as soon as practical.
    • Downpipes are to be connected as soon as practical or otherwise temporary downpipes
         are to be used.
    • Buffer vegetation zones are to be retained on sites that adjoin roadways, drainage
         systems and or watercourses.
    • Sediment and erosion control measures are to be maintained throughout the construction
         process and beyond by the owner, where necessary.
     Failure to comply with this requirement may result in an on-the-spot fine being issued
     by an Authorised Officer of Council.

DURING CONSTRUCTION

15. For the purpose of residential amenity, any building work involving the use of noisy
    mechanical plant and noisy equipment must only be carried out within the following hours:
    • Monday to Friday             - 7.00am to 6.00pm
    • Saturdays                    - 7.00am to 1.00pm
    • Sundays                      - No noisy work at all
16. There shall be no storage of building materials, plant or equipment on the road, footway or
    reserve areas without the prior consent of Council being obtained.
17. A survey peg-out is to be carried out by a surveyor to establish the correct position of the
    boundaries of the allotment before any building work commences, unless all the existing
    survey pegs can be located.
18. The walls and eave/gutters of the building are to be a minimum 900mm and 675mm
    respectively clear of all side and rear boundaries.
19. Any proposed excavations must be properly guarded and protected to prevent them from
    being dangerous to life or property. Any proposed excavations or filling on property
    boundaries are to be immediately retained.
20. Where the floor height of a garage or garden shed is required to be constructed at the
    minimum height as identified in Council’s Policy Statement No. 11 (Flood Levels) of Chapter 1
    Urban Land of the Ballina Shire Combined DCP, a Registered Surveyor’s certificate verifying
    compliance with the minimum height requirement is to be submitted to the Council or other
    accredited Certifier at completion of slab formwork stage, prior to the concrete pouring of the
    slab.
    Note: This condition only applies to land identified as requiring minimum floor heights on
    Council’s flood level map.
21. Adequate termite protection is to be provided to the structure where required, in accordance
    with AS 3660 and Part 3.1.3 of the Building Code of Australia.
22. Where tiled roofing is proposed, the roof is to be sarked in accordance with AS 2050 and AS
    2400.
23. All proposed roof and surface stormwater catchment drains are to drain to the street gutter or
    interallotment drainage easement.


                                             Page 50
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development

24. Adequate drainage provision is to be made to prevent stormwaters from affecting the
    structure.

PRIOR TO OCCUPATION

25. Where Council is not the Principal Certifying Authority, a certificate of occupation prepared by
    the Principal Certifying Authority shall be submitted to Council prior to occupation of the
    Building.
26. Where Council is not the Principal Certifying Authority, a Compliance Certificate, prepared by
    the Accredited Certifier, is to be submitted to Council on completion of the building. Such
    certificate is to certify all required inspections, compliance with the approved plans, relevant
    Australian Standards and Building Code of Australia requirements.
27. Where timber structural members are used and under slab termite protection methods have
    been adopted (ie. chemical or physical barrier system), a certificate verifying the method of
    termite protection in accordance with AS 3660 is to be submitted to Council or other
    accredited Certifier prior to occupation of the building.
28. Public infrastructure, such as kerb and guttering, footpath utility services or road works,
    damaged as a result of construction works related to the development shall be rectified and
    reinstated to the satisfaction of Council.
29. The garage is not to be used for commercial, industrial or separate residential occupancy
    purposes, without the prior consent of Council.




                                             Page 51
Ballina Shire Development Control Plan –                                             26 October 2006
Exempt and Complying Development




CATEGORY 3 – CONDITIONS OF CONSENT

REQUIRED INSPECTIONS


1. Where Council is the Principal Certifying Authority, a minimum of forty eight (48) hours prior
   notice shall be given to enable the following works to be inspected by Council.

    a) At the commencement of building work including the erection of builder’s sign, site fencing,
    builder’s sheds, erosion barriers and portable toilet facilities where required.
    b) Excavation for pier hole foundations prior to concrete pour.
    c) When the foundation trenches are open, the steel reinforcement in position before the
    concrete is poured.
    d) Slab reinforcement prior to concrete pour.
    e) Prior to the pouring of any in-situ reinforced concrete building element.
    f) On completion of the framework with the roof covering in position prior to any lining
    g) When the external stormwater drainage lines have been laid and connected by a licensed
    plumber prior to backfilling.
    h) On completion of the building before occupation and the issue of any occupation certificate.


PRE CONSTRUCTION

2. The development shall be carried out in accordance with the submitted plans, details and
    conditions attached to the Complying Development Certificate.
3. Where Council is not chosen as the Principal Certifying Authority, a “Notice of
    Commencement of Building Work and Appointment of Principal Certifying Authority” shall be
    submitted to Council at least two (2) days prior to work commencing.
4. Where Council is not chosen as the Principal Certifying Authority, the relevant certificate
    registration fee is to be paid to Council in accordance with Council’s Fee Schedule, prior to
    the issue of a Complying Development Certificate.
5. The buildings are to comply with the requirements of the Building Code of Australia and
    relevant Australian Standards.
6. The builder or person who does the residential building work is to comply with the applicable
    requirements of Part 6 of the Home Building Act 1989 whereby a person must not contract to
    do any residential building work unless a contract of insurance that complies with this Act is in
    force in relation to the proposed work. It is the responsibility of the builder or person who is to
    do the work to satisfy the Council or other accredited Certifier that they have complied with
    the applicable requirements of Part 6.
7. For builder identification purposes a suitable sign is to be provided on the building site in a
    prominent location, indicating the builder’s name, licence number and contact phone numbers
    (including after hours).
8. The footings and/or slab design are to be designed in accordance with the requirements of
    AS 2870 Residential Slabs & Footings Code and the Building Code of Australia. The details
    are to be submitted to the Council or other accredited Certifier prior to commencement of
    construction.
9. Any proposed timber framing is to comply with the requirements of the National Timber
    Framing Code, AS 1684.
10. Any roofing material used on the proposed development shall have low reflective index
    characteristics and the colour shall not be prominent against the background. Finishes should
    comprise earthy or subdued tones. Unpainted zincalume, white, off-white and light grey are
    not acceptable.
11. Suitable covering and protection is to be provided to all stockpiles to ensure that no material
    is removed from the site by wind, causing a nuisance to neighbouring properties.




                                              Page 52
Ballina Shire Development Control Plan –                                           26 October 2006
Exempt and Complying Development

12. To prevent the pollution of waterways, the applicant/builder is to ensure adequate sediment
    and erosion control measures are in place prior to the commencement of works on site and
    are to be maintained during the construction of the project until the site has been stabilised by
    permanent vegetation cover or a hard surface. This is to include:

    •   The prevention of soil erosion and the transportation of sediment material into any
        roadway, natural or constructed drainage systems, watercourse and or adjoining land.
    • Service trenches are to be backfilled as soon as practical.
    • Downpipes are to be connected as soon as practical or otherwise temporary downpipes
        are to be used.
    • Buffer vegetation zones are to be retained on sites that adjoin roadways, drainage
        systems and or watercourses.
    • Sediment and erosion control measures are to be maintained throughout the construction
        process and beyond by the owner, where necessary.
     Failure to comply with this requirement may result in an on-the-spot fine being issued
     by an Authorised Officer of Council.

DURING CONSTRUCTION

13. For the purpose of residential amenity, any building work involving the use of noisy
    mechanical plant and noisy equipment must only be carried out within the following hours:
    • Monday to Friday             - 7.00am to 6.00pm
    • Saturdays                    - 7.00am to 1.00pm
    • Sundays                      - No noisy work at all.
14. There shall be no storage of building materials, plant or equipment on the road, footway or
    reserve areas without the prior consent of Council being obtained.
15. A survey peg-out is to be carried out by a surveyor to establish the correct position of the
    boundaries of the allotment before any building work commences, unless all the existing
    survey pegs can be located.
16. The posts/walls and eave/gutters of the building are to be a minimum 900mm and 675mm
    respectively clear of all side and rear boundaries.
17. Adequate termite protection is to be provided to the structure where required, in accordance
    with AS 3660 and Part 3.1.3 of the Building Code of Australia.
18. Where tiled roofing is proposed, the roof is to be sarked in accordance with AS 2050 and AS
    2400.
19. All proposed roof and surface stormwater catchment drains are to drain to the street gutter or
    interallotment drainage easement.
20. Adequate drainage provision is to be made to prevent stormwaters from affecting the
    structure.

PRIOR TO OCCUPATION

21. Where Council is not the Principal Certifying Authority, a certificate of occupation prepared by
    the Principal Certifying Authority shall be submitted to Council prior to occupation of the
    Building.
22. Where Council is not the Principal Certifying Authority, a Compliance Certificate, prepared by
    the Accredited Certifier, is to be submitted to Council on completion of the building. Such
    certificate is to certify all required inspections, compliance with the approved plans, relevant
    Australian Standards and Building Code of Australia requirements.
23. Where timber structural members are used and under slab termite protection methods have
    been adopted (ie. chemical or physical barrier system), a certificate verifying the method of
    termite protection in accordance with AS 3660 is to be submitted to Council or other
    accredited Certifier prior to occupation of the building.
24. Public infrastructure, such as kerb and guttering, footpath utility services or road works,
    damaged as a result of construction works related to the development shall be rectified and
    reinstated to the satisfaction of Council.
25. Where any window glazing is proposed and prior to occupation of the building, manufacturer’s
    certification for any glazing used within the building, including required Pascal ratings (stress
    pressure/water penetration) and compliance with relevant Australian Standards is to be
    submitted to the Council or other accredited Certifier.


                                             Page 53
Ballina Shire Development Control Plan –                                            26 October 2006
Exempt and Complying Development




CATEGORY 4 – CONDITIONS OF CONSENT

REQUIRED INSPECTIONS

   1. Where Council is the Principal Certifying Authority, a minimum of forty eight (48) hours
      prior notice shall be given to enable the following works to be inspected by Council.

       a) At the commencement of building work including the erection of builder’s sign, site
       fencing, builder’s sheds, erosion barriers and portable toilet facilities where required.
       b)        Excavation for pier hole foundations prior to concrete pour.
       c) When the foundation trenches are open, the steel reinforcement in position before the
       concrete is poured.
       d) Slab reinforcement prior to concrete pour.
       e) Prior to the pouring of any in-situ reinforced concrete building element.
       f) On completion of the framework with the roof covering in position prior to any lining.
       h) On completion of the building before occupation and the issue of any occupation
       certificate.

   PRE CONSTRUCTION

   2  The development shall be carried out in accordance with the submitted plans, details and
      conditions attached to the Complying Development Certificate.
   3 Where Council is not chosen as the Principal Certifying Authority, a “Notice of
      Commencement of Building Work and Appointment of Principal Certifying Authority” shall
      be submitted to Council at least two (2) days prior to work commencing.
   4 Where Council is not chosen as the Principal Certifying Authority, the relevant certificate
      registration fee is to be paid to Council in accordance with Council’s Fee Schedule, prior
      to the issue of a Complying Development Certificate.
   5 The buildings are to comply with the requirements of the Building Code of Australia and
      relevant Australian Standards.
   6 The builder or person who does the residential building work is to comply with the
      applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must
      not contract to do any residential building work unless a contract of insurance that
      complies with this Act is in force in relation to the proposed work. It is the responsibility of
      the builder or person who is to do the work to satisfy the Council or other accredited
      Certifier that they have complied with the applicable requirements of Part 6.
   7 For builder identification purposes a suitable sign is to be provided on the building site in
      a prominent location, indicating the builder’s name, licence number and contact phone
      numbers (including after hours).
   8   The footings and/or slab design are to be designed in accordance with the requirements
      of AS 2870 Residential Slabs & Footings Code and the Building Code of Australia. The
      details are to be submitted to the Council or other accredited Certifier prior to
      commencement of construction.
   9 Any proposed timber framing is to comply with the requirements of the National Timber
      Framing Code, AS 1684.
   10 Any roofing material used on the proposed development shall have low reflective index
      characteristics and the colour shall not be prominent against the background. Finishes
      should comprise earthy or subdued tones. Unpainted zincalume, white, off-white and light
      grey are not acceptable.
   11 Suitable covering and protection is to be provided to all stockpiles to ensure that no
      material is removed from the site by wind, causing a nuisance to neighbouring properties.




                                             Page 54
Ballina Shire Development Control Plan –                                        26 October 2006
Exempt and Complying Development


   12 To prevent the pollution of waterways, the applicant/builder is to ensure adequate
      sediment and erosion control measures are in place prior to the commencement of works
      on site and are to be maintained during the construction of the project until the site has
      been stabilised by permanent vegetation cover or a hard surface. This is to include:
       • The prevention of soil erosion and the transportation of sediment material into any
           roadway, natural or constructed drainage systems, watercourse and or adjoining
           land.
       • Service trenches are to be backfilled as soon as practical.
       • Downpipes are to be connected as soon as practical or otherwise temporary
           downpipes are to be used.
       • Buffer vegetation zones are to be retained on sites that adjoin roadways, drainage
           systems and or watercourses.
       • Sediment and erosion control measures are to be maintained throughout the
           construction process and beyond by the owner, where necessary.
      Failure to comply with this requirement may result in an on-the-spot fine being
      issued by an Authorised Officer of Council.

   DURING CONSTRUCTION

   13 For the purpose of residential amenity, any building work involving the use of noisy
      mechanical plant and noisy equipment must only be carried out within the following hours:
      Monday to Friday          - 7.00am to 6.00pm
      Saturdays                 - 7.00am to 1.00pm
      Sundays                   - No noisy work at all.
   14 There shall be no storage of building materials, plant or equipment on the road, footway
      or reserve areas without the prior consent of Council being obtained.
   15 A survey peg-out is to be carried out by a surveyor to establish the correct position of the
      boundaries of the allotment before any building work commences, unless all the existing
      survey pegs can be located.
   16 The support posts or floor of the structure are to be a minimum of 900mm clear of all side
      and rear boundaries.
   17 Where roof covered, the eave and gutter is to be a minimum of 675mm clear of all side
      and rear boundaries.
   18 Adequate termite protection is to be provided to the structure where required, in
      accordance with AS 3660 and Part 3.1.3 of the Building Code of Australia.
   19 Where tiled roofing is proposed, the roof is to be sarked in accordance with AS 2050 and
      AS 2400.
   20 All proposed roof and surface stormwater catchment drains are to drain to the street
      gutter or interallotment drainage easement.
   21 Adequate drainage provision is to be made to prevent stormwaters from affecting the
      structure.

   PRIOR TO OCCUPATION

   22 Where Council is not the Principal Certifying Authority, a certificate of occupation
      prepared by the Principal Certifying Authority shall be submitted to Council prior to
      occupation of the Building.
   23 Where Council is not the Principal Certifying Authority, a Compliance Certificate, prepared
      by the Accredited Certifier, is to be submitted to Council on completion of the building.
      Such certificate is to certify all required inspections, compliance with the approved plans,
      relevant Australian Standards and Building Code of Australia requirements.
   24 Where timber structural members are used and under slab termite protection methods
      have been adopted (ie. chemical or physical barrier system), a certificate verifying the
      method of termite protection in accordance with AS 3660 is to be submitted to Council or
      other accredited Certifier prior to occupation of the building.
   25 Public infrastructure, such as kerb and guttering, footpath utility services or road works,
      damaged as a result of construction works related to the development shall be rectified
      and reinstated to the satisfaction of Council.



                                           Page 55
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development




CATEGORY 5 – CONDITIONS OF CONSENT

REQUIRED INSPECTIONS

1. Where Council is the Principal Certifying Authority, a minimum of forty eight (48) hours prior
   notice shall be given to enable the following works to be inspected by Council.

    a) At the commencement of building work including the erection of builder’s sign, site fencing,
    builder’s sheds, erosion barriers and portable toilet facilities where required.
    b) Excavation for pier hole foundations prior to concrete pour.
    c) When the foundation trenches are open, the steel reinforcement in position before the
    concrete is poured.
    d) Slab reinforcement prior to concrete pour.
    e) Prior to the pouring of any in-situ reinforced concrete building element.
    f) On completion of the framework with the roof covering and external wall cladding in position
    before any internal linings are installed..
    g) On completion of the building before occupation and the issue of any occupation certificate.

PRE CONSTRUCTION

2. The development shall be carried out in accordance with the submitted plans, details and
    conditions attached to the Complying Development Certificate.
3. Where Council is not chosen as the Principal Certifying Authority, a “Notice of
    Commencement of Building Work and Appointment of Principal Certifying Authority” shall be
    submitted to Council at least two (2) days prior to work commencing.
4. Where Council is not chosen as the Principal Certifying Authority, the relevant certificate
    registration fee is to be paid to Council in accordance with Council’s Fee Schedule, prior to
    the issue of a Complying Development Certificate.
5. The buildings are to comply with the requirements of the Building Code of Australia and
    relevant Australian Standards.
6. For the control of litter, a suitable waste container for holding lightweight building materials
    must be made available on the building site during the course of the building work. Building
    waste such as paper, plastic, cardboard sarking etc must be regularly cleaned up and placed
    in the waste container so that it cannot be blown off the building site and litter the local
    environment.
7. All timber framing is to comply with the requirements of the National Timber Framing Code,
    AS 1684.
8. Prior to commencement of construction, the Council or other accredited Certifier is to assess
    the design wind speed rating in accordance with the National Timber Framing Code AS 1684
    and Wind Loading Code AS 1170.2.
9. The footings and/or slab design are to be designed by a qualified practicing Structural
    Engineer or designed in accordance with AS 2870 and the Building Code of Australia. Such
    design is to address land stability, soil classification, and the adequate bearing capacities of
    the foundation material. The details are to be submitted to the Council or other accredited
    Certifier prior to commencement of construction.
10. Details of all structural steel framework, prepared by a qualified practicing Structural
    Engineer, are to be submitted to Council or other accredited Certifier prior to commencement
    of construction.
11. Any roofing material used on the proposed development shall have low reflective index
    characteristics and the colour shall not be prominent against the background. Finishes should
    comprise earthy or subdued tones. Unpainted zincalume, white, off white and light grey are
    not acceptable.
12. Suitable covering and protection is to be provided to all stockpiles to ensure that no material
    is removed from the site by wind, causing a nuisance to neighbouring properties.


13. To prevent the pollution of waterways, the applicant/builder is to ensure adequate sediment
    and erosion control measures are in place prior to the commencement of works on site and
                                             Page 56
Ballina Shire Development Control Plan –                                           26 October 2006
Exempt and Complying Development

    are to be maintained during the construction of the project until the site has been stabilised by
    permanent vegetation cover or a hard surface. This is to include:
    • The prevention of soil erosion and the transportation of sediment material into any
        roadway, natural or constructed drainage systems, watercourse and or adjoining land.
    • Service trenches are to be backfilled as soon as practical.
    • Downpipes are to be connected as soon as practical or otherwise temporary downpipes
        are to be used.
    • Buffer vegetation zones are to be retained on sites that adjoin roadways, drainage
        systems and or watercourses.
    • Sediment and erosion control measures are to be maintained throughout the construction
        process and beyond by the owner, where necessary.
     Failure to comply with this requirement may result in an on-the-spot fine being issued
     by an Authorised Officer of Council.

DURING CONSTRUCTION

14. For the purpose of residential amenity, any building work involving the use of noisy
    mechanical plant and noisy equipment must only be carried out within the following hours:
    • Monday to Friday               - 7.00am to 6.00pm
    • Saturdays                      - 7.00am to 1.00pm
    • Sundays                        - No noisy work at all.
15. There shall be no storage of building materials, plant or equipment on the road, footway or
    reserve areas without the prior consent of Council being obtained.
16. A survey peg-out is to be carried out by a surveyor to establish the correct position of the
    boundaries of the allotment before any building work commences, unless all the existing
    survey pegs can be located.
17. Where the floor height of the building is required to be constructed at the minimum height as
    identified in Council’s Policy Statement No. 11 of Chapter 1 Urban Land (Flood Levels) of the
    Ballina Shire Combined DCP, a Registered Surveyor’s certificate verifying compliance with
    the minimum height requirement is to be submitted to the Council or other accredited Certifier
    at completion of slab formwork stage, prior to concrete pouring, or upon completion of the
    timber floor, prior to work proceeding beyond this stage.
    Note: This condition only applies to land identified as requiring minimum floor heights on
    Council’s flood level map.
18. All roof stormwater is to be discharged a minimum three (3) metres clear of the building and
    clear of any on-site wastewater management facility. Such stormwater is not to discharge
    onto adjoining properties.
19. All surface waters are to be directed around the building, with the structure being located
    clear of gullies or other stormwater catchment areas.
20. Where Council is not the Principal Certifying Authority, a Compliance Certificate, prepared by
    the Accredited Certifier, is to be submitted to Council on completion of the building. Such
    certificate is to certify all required inspections, compliance with the approved plans, relevant
    Australian Standards and Building Code of Australia requirements.

PRIOR TO OCCUPATION

21. Where Council is not the Principal Certifying Authority, a certificate of occupation prepared by
    the Principal Certifying Authority shall be submitted to Council prior to occupation of the
    Building.
22. Where timber structural members are used and where under slab termite protection methods
    have been adopted (ie. chemical or physical barrier systems), a certificate verifying the
    method of termite protection in accordance with AS 3660 is to be submitted to Council or
    other accredited Certifier prior to occupation of the building.
23. The building is to be used for farm use only and not for separate residential occupation.
24. Public infrastructure, such as kerb and guttering, footpath utility services or road works,
    damaged as a result of construction works related to the development shall be rectified and
    reinstated to the satisfaction of Council.




                                             Page 57
Ballina Shire Development Control Plan –                                              26 October 2006
Exempt and Complying Development




CATEGORY 6 – CONDITIONS OF CONSENT


REQUIRED INSPECTIONS

1     Where Council is the Principal Certifying Authority, a minimum of forty eight (48) hours prior
      notice shall be given to enable the following works to be inspected by Council.

      a) At the commencement of building work including the erection of builder’s sign, site
      fencing, builder’s sheds, erosion barriers and portable toilet facilities where required.
      b) For reinforced concrete pools, when the excavation is open and the steel reinforcement
      (including electrical earth wire) is in position, before the concrete is placed.
      c) For fiberglass pools, when the ring beam has been formed up and the reinforcement has
      been placed before concrete placement.
      d) On completion of the pool and safety fence before use and issue of any occupation
      certificate.


PRE CONSTRUCTION

2     The development shall be carried out in accordance with the submitted plans, details and
      conditions attached to the Complying Development Certificate.
3     Where Council is not chosen as the Principal Certifying Authority, a “Notice of
      Commencement of Building Work and Appointment of Principal Certifying Authority” shall
      be submitted to Council at least two (2) days prior to work commencing.
4     Where Council is not chosen as the Principal Certifying Authority, the relevant certificate
      registration fee is to be paid to Council in accordance with Council’s Fee Schedule, prior to
      the issue of a Complying Development Certificate.
5     The builder or person who does the residential building work is to comply with the
      applicable requirements of Part 6 of the Home Building Act 1989 whereby a person must
      not contract to do any residential building work unless a contract of insurance that complies
      with this Act is in force in relation to the proposed work. It is the responsibility of the builder
      or person who is to do the work to satisfy the Council or other accredited Certifier that they
      have complied with the applicable requirements of Part 6.
6     For builder identification purposes a suitable sign is to be provided on the building site in a
      prominent location, indicating the builder’s name, licence number and contact phone
      numbers (including after hours).
7     For the control of litter, a suitable waste container capable of holding blowable type waste
      building materials must be made available on the building site during the course of the
      building work. Building waste such as paper, plastic, cardboard sarking etc. must be
      regularly cleaned up and placed in the waste container so that it cannot be blown off the
      building site and litter the local environment.
8     For reasons of health and amenity, a suitable builder’s toilet is to be provided on site where
      such facility does not exist. Such facility is to be either connected to Council’s sewer or an
      approved portable chemical closet is to be provided.
9     The pool structure is to comply with the requirements of the Building Code of Australia and
      relevant Australian Standards.
10    The structure shall be designed by a qualified practicing Structural Engineer. Such design
      is to address land stability and the adequate bearing capacities of the foundation material.
      The engineering details are to be submitted to the Council or other accredited Certifier prior
      to commencement of construction.




                                               Page 58
Ballina Shire Development Control Plan –                                                26 October 2006
Exempt and Complying Development


11       A single all weather accessway is to be provided on site that extends from the kerb to the
         building construction site. All construction vehicles are to enter and exit the site via this
         accessway so as to minimise erosion on site and prevent the movement of soil material
         onto surrounding roadways. When necessary, roadways shall be swept and all drains and
         gutters cleaned of sediment material. Failure to comply with this requirement may
         result in an on-the-spot fine being issued by an Authorised Officer of Council.
12       The advisory sediment and erosion sign issued with this approval is to be attached to the
         most prominent structure at the entrance of your site at all times during the construction of
         the project. Failure to comply with this requirement may result in an on-the-spot fine
         being issued by an Authorised Officer of Council.
13       Suitable covering and protection is to be provided to all stockpiles to ensure that no
         material is removed from the site by wind, causing a nuisance to neighbouring properties.
14       To prevent the pollution of waterways, the applicant/builder is to ensure adequate sediment
         and erosion control measures are in place prior to the commencement of works on site and
         are to be maintained during the construction of the project until the site has been stabilised
         by permanent vegetation cover or a hard surface. This is to include:

     •   The prevention of soil erosion and the transportation of sediment material into any
         roadway, natural or constructed drainage systems, watercourse and or adjoining land.
     • Service trenches are to be backfilled as soon as practical.
     • Downpipes are to be connected as soon as practical or otherwise temporary downpipes
         are to be used.
     • Buffer vegetation zones are to be retained on sites that adjoin roadways, drainage
         systems and or watercourses.
     • Sediment and erosion control measures are to be maintained throughout the construction
         process and beyond by the owner, where necessary.
      Failure to comply with this requirement may result in an on-the-spot fine being issued
      by an Authorised Officer of Council.


DURING CONSTRUCTION
15       For the purpose of residential amenity, any building work involving the use of noisy
         mechanical plant and noisy equipment must only be carried out within the following hours:
         • Monday to Friday                  7.00am to 6.00pm
         • Saturdays                         7.00am to 1.00pm
         • Sundays                           No noisy work at all.
16       There shall be no storage of building materials, plant or equipment on the road, footway or
         reserve areas without the prior consent of Council being obtained.
17       A survey peg-out is to be carried out by a surveyor to establish the correct position of the
         boundaries of the allotment before any building work commences, unless all the existing
         survey pegs can be located.
18       For reasons of public safety, any excavations are to be properly guarded and protected to
         prevent them from being dangerous to life or property.
19       If an excavation associated with the erection of a structure extends below the level of the
         base of the footings of a building on an adjoining allotment of land, the person causing the
         excavation to be made:
         a) Must preserve and protect the adjoining building from damage; and
         b) If necessary, must underpin and support the adjoining building in an approved
               manner; and
         c) Must, at least seven (7) days before excavating below the level of the base of the
               footings of a building on an adjoining allotment of land, give notice of intention to do so
               to the owner of the adjoining allotment of land and furnish particulars of the excavation
               to the owner of the building being erected.
          The owner of the adjoining allotment of land is not liable for any part of the cost of work
          carried out for the purposes of this condition, whether carried out on the allotment of land
          being excavated or on the adjoining allotment of land. In this condition, allotment of land
          includes a public road and any other public place.
20       Access to the swimming pool shall be restricted in accordance with the requirements of the
         Swimming Pools Act 1992 and AS 1926.


                                                 Page 59
Ballina Shire Development Control Plan –                                         26 October 2006
Exempt and Complying Development

21    Pool fencing must be constructed at least 1.2 metres clear of any wall, post, or other object
      which will assist in climbing the fence.
22    All required pool fencing is to be completed prior to the filling of the pool with water.
23    A resuscitation instruction chart is to be displayed near the pool.
24    The backwash from the pool is to discharge to the sewer system. Stormwater overflow and
      pool water drain down is to discharge to the stormwater system. For non sewered areas,
      backwash and pool water overflows are to discharge to the stormwater system so as not to
      cause nuisance or damage to adjoining properties.
25    The pool filtration plant motors and pumps are to be housed in a suitable ventilated
      soundproofing structure, designed to minimise noise from the plant.
26    The prior permission from Council’s Water and Sewerage Engineer is required should it be
      proposed to draw water from a Council hydrant.
27    All external pool lighting shall be positioned and/or shielded to prevent glare nuisance to
      adjoining properties.
28    Public infrastructure, such as kerb and guttering, footpath utility services or road works,
      damaged as a result of construction works related to the development shall be rectified and
      reinstated to the satisfaction of Council.

Prior to Use

29    Where Council is not the Principal Certifying Authority, a certificate of occupation prepared
      by the Principal Certifying Authority shall be submitted to Council prior to the use of the
      pool.
30    Where Council is not the Principal Certifying Authority, a Compliance Certificate, prepared
      by the Accredited Certifier, is to be submitted to Council on completion of the structure.
      Such certificate is to certify all required inspections, compliance with the approved plans,
      relevant Australian Standards and Building Code of Australia requirements.


ADVICE
The applicant is advised to consult with NorthPower regarding the proximity of the pool to
electrical equipment, including meter boxes and the position of pool fencing with access to
metering                                                                         equipment.




                                            Page 60
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development




CATEGORY 7 – CONDITIONS OF CONSENT

REQUIRED INSPECTIONS

1     Where Council is the Principal Certifying Authority, a minimum of forty eight (48) hours prior
      notice shall be given to enable the following works to be inspected by Council.

      a) Excavation for pier hole foundations prior to concrete pour.
      b) When the foundation trenches are open, the steel reinforcement in position before the
      concrete is poured.
      c) When the internal sewer drainage pipelines beneath the building have been laid by the
      plumber so that a water test can be carried out before they are backfilled.
      d) When the steel is in position before any concrete floor slabs including patios and
      garages are poured.
      e) When the external sewer drainage pipelines have been laid by the plumber so that a
      water test can be carried out before they are backfilled.
      f) On completion of the framework prior to internal linings being installed.
      g) On completion of the water supply “rough in” and/or plumbing stackwork prior to the
      internal lining of the building.
      h) Prior to the covering of waterproofing flashing to any wet areas.
      i) On completion of the building before occupation and the issue of any occupation
      certificate.


PRE CONSTRUCTION

2     The development shall be carried out in accordance with the submitted plans, details and
      conditions attached to the Complying Development Certificate.
3     Where Council is not chosen as the Principal Certifying Authority, a “Notice of
      Commencement of Building Work and Appointment of Principal Certifying Authority” shall
      be submitted to Council at least two (2) days prior to work commencing.
4     Where Council is not chosen as the Principal Certifying Authority, the relevant certificate
      registration fee and required sewer inspection fees are to be paid to Council in accordance
      with Council’s Fee Schedule, prior to the issue of a Complying Development Certificate.
5     The building is to comply with the deemed to satisfy provisions of the Building Code of
      Australia.

DURING CONSTRUCTION

6    For the purpose of residential amenity, any building work involving the use of noisy
     mechanical plant and noisy equipment must only be carried out within the following hours:
     • Monday to Friday       - 7.00am to 6.00pm
     • Saturdays              - 7.00am to 1.00pm
     • Sundays                - No noisy work at all.




                                            Page 61
Ballina Shire Development Control Plan –                                            26 October 2006
Exempt and Complying Development


PRIOR TO OCCUPATION

7     There shall be no storage of building materials, plant or equipment on the road, footway or
      reserve areas without the prior consent of Council being obtained.
8     Where Council is not the Principal Certifying Authority, a Compliance Certificate, prepared
      by the Accredited Certifier, is to be submitted to Council on completion of the building. Such
      certificate is to certify all required inspections, compliance with the approved plans, relevant
      Australian Standards and Building Code of Australia requirements.
9     On completion of the building prior to the issue of an occupation certificate the owner shall
      provide Council with a Fire Safety Certificate. The Fire Safety Certificate shall certify all
      statutory and essential fire safety measures in the building have been inspected and tested
      by a competent person and were found to have been designed, installed and capable of
      operating to the minimum standard required by the Fire Safety Schedule. A copy of this
      certificate with a copy of the current Fire Safety Schedule shall be given to the
      Commissioner of New South Wales Fire Brigades and a further copy shall be prominently
      displayed in the building.
10    The owner of the building must provide Council with an annual Fire Safety Statement at
      least once in each twelve months certifying that the essential and statutory fire safey
      measures in the building have been inspected and tested by a competent person and were
      found to have been designed, installed and capable of operating to the minimum standard
      required by the Fire Safety Schedule. A copy of the Annual Fire Safety Statement with a
      copy of the Fire Safety Schedule are to be submitted to the Commissioner of New South
      Wales and a further copy shall be prominently displayed in the building.
11    Where Council is not the Principal Certifying Authority, a certificate of Occupation, prepared
      by the Accredited Certifier, is to be submitted to Council prior to occupation of the building.
12    Public infrastructure, such as kerb and guttering, footpath utility services or road works,
      damaged as a result of construction works related to the development shall be rectified and
      reinstated to the satisfaction of Council.




                                             Page 62
Ballina Shire Development Control Plan –                                          26 October 2006
Exempt and Complying Development




CATEGORY 8 – CONDITIONS OF CONSENT

PRE CONSTRUCTION

1. A single all weather accessway is to be provided on site that extends from the kerb to the
   building construction site. All construction vehicles are to enter and exit the site via this
   accessway so as to minimise erosion on site and prevent the movement of soil material onto
   surrounding roadways. When necessary, roadways shall be swept and all drains and gutters
   cleaned of sediment material.
      Failure to comply with this requirement may result in an on-the-spot fine being
      issued by an Authorised Officer of Council.
2. The advisory sediment and erosion sign issued with this approval is to be attached to the
   most prominent structure at the entrance of your site at all times during the construction of the
   project.
      Failure to comply with this requirement may result in an on-the-spot fine being
      issued by an Authorised Officer of Council.
3. Suitable covering and protection is to be provided to all stockpiles to ensure that no material
   is removed from the site by wind, causing a nuisance to neighbouring properties.
4. To prevent the pollution of waterways, the applicant/builder is to ensure adequate sediment
   and erosion control measures are in place prior to the commencement of works on site and
   are to be maintained during the construction of the project until the site has been stabilised by
   permanent vegetation cover or a hard surface. This is to include:
   • The prevention of soil erosion and the transportation of sediment material into any
        roadway, natural or constructed drainage systems, watercourse and or adjoining land.
   • Service trenches are to be backfilled as soon as practical.
   • Downpipes are to be connected as soon as practical or otherwise temporary downpipes
        are to be used.
   • Buffer vegetation zones are to be retained on sites that adjoin roadways, drainage
        systems and or watercourses.
   • Sediment and erosion control measures are to be maintained throughout the construction
        process and beyond by the owner, where necessary.
    Failure to comply with this requirement may result in an on-the-spot fine being issued
    by an Authorised Officer of Council.

DURING DEMOLITION

5. For the purpose of residential amenity, any building work involving the use of noisy
    mechanical plant and noisy equipment must only be carried out within the following hours:
       • Monday to Friday           -7.00am to 6.00pm
       • Saturdays                 -7.00am to 1.00pm
       • Sundays                  -No noisy work at all.
6. For the control of litter, a suitable waste container for holding lightweight building materials
    must be made available on the site during the course of demolition. Lightweight waste such
    as paper, plastics and sarking etc must be contained on site within the waste facility.
7. All demolition work is to be carried out in accordance with the Workcover Authority and
    Council guidelines for removal and disposal of asbestos and lead based products. The sewer,
    water and electrical services from the building are to be disconnected by licensed
    tradespersons.
8. All demolition is to be carried out in accordance with AS 2601-1991 Demolition Code.
9. Public infrastructure, such as kerb and guttering, footpath utility services or road works,
    damaged as a result of construction works related to the development shall be rectified and
    reinstated to the satisfaction of Council.
10. A final inspection is to be carried out by Council or other Principal Certifying Authority on
    completion of all demolition & removal works.



                                             Page 63
Ballina Shire Development Control Plan –                                            26 October 2006
Exempt and Complying Development




CATEGORY 9 – CONDITIONS OF CONSENT

1. The building is classified as Class 1(b) under the Building Code of Australia.

2. Stairways, ramps and balconies shall provide a safe passage for egress, in terms of nature,
   volume and frequency. All paths of travel are to be maintained free of obstructions at all
   times. Stair and balustrade constructions shall comply with the requirements of the Building
   Code of Australia.

3. The Class 1(b) portion of the building shall be provided with a system of smoke alarms
   complying with AS 3786 or listed in SSL register of Accredited Products, which are connected
   to the 240 volt mains electrical power and have a stand-by power supply installed in the
   following locations:
           i)      in every bedroom and associated hallway or if there is no corridor or hallway, in
                   an area between the bedrooms and the remainder of the building;
           ii)     on each storey

4. The class 1(b) portion of the building must have a system of lighting installed to assist
   evacuation of occupants in the event of a fire, and
   (a) Lighting must be activated by the smoke alarm and
   (b) Consist of:
          i)      light incorporated within the smoke alarm; and
          ii)     the lighting located in the corridor, hallway or area served by the smoke alarm.

5. Where multi-unit installations are required, the alarm mode of the detectors shall be
   interconnected. Certification from the electrician verifying the correct installation of the
   system, is to be submitted to the Principal Certifying Authority on the completion of the
   installation of the system prior to the commencement of the Bed and Breakfast establishment.

6. A minimum of one 5kg multipurpose fire extinguisher and one fire blanket shall be located in
   the kitchen area.

7. Deadlocks requiring an internal key release are not permitted on doors to guest rooms,
   external doors or internal doors affording access to the external door.

8. All kitchen facilities and utensils used for the storage or preparation of food must be
   maintained in a clean and healthy condition and in a good state of repair. The food
   preparation and storage areas shall generally comply with Council’s Food Construction Code,
   the Food Act 1989 and the Food (General) Regulation 1992. No animals shall be permitted
   within the food storage and preparation areas.

9. All parts of the premises (including furniture, fittings, beds and bed linen) must be kept in a
   clean and healthy condition, free from vermin.

10. All guest and domestic waste is to be deposited in approved receptacles and disposed of to
    the requirements of Council.

11. Linen and manchester shall be changed after each individual guest and be changed after two
    days of occupied use by the same guest.

12. The facility shall be registered with Council prior to the commencement of the Bed and
    Breakfast establishment. Such facility may incur inspections from Council Officers in
    accordance with the NSW Food Act 1989 and the NSW Food (General) Regulation 1987. A
    fee is payable for any inspections. Council’s Regulatory Services Group should be contacted
    to ascertain the fee applicable at any time.




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13. Public infrastructure, such as kerb and guttering, footpath utility services or road works,
    damaged as a result of construction works related to the development shall be rectified and
    reinstated to the satisfaction of Council

14. Where hot water is being delivered from an existing installation to an outlet of a sanitary
    fixture, used primarily for personal hygiene purposes on commercial premises or by the
    public, at a temperature exceeding 50°C, such fixture shall have a sign, using symbol and red
    writing on a white background in appropriate languages. The sign shall be displayed adjacent
    to the sanitary fixture and shall state

     “Warning – this fixture may deliver hot water which will scald”

     Note: The replacement of hot water units does not require the installation of a hot water
     temperature limiting device unless there is a significant change in existing pipework.

     An existing hot water temperature limiting device shall not be removed except when moved
     to an alternate location or replaced by an alternate mechanism. An existing hot water
     temperature limiting device shall be adequately maintained or replaced when defective.

15. A final certificate of occupation is to be issued by the Council or other Principal Certifying
    Authority prior to the commencement of the building as a Bed & Breakfast facility.


PRIOR TO OCCUPATION

16. There shall be effective insect screening provided to all rooms capable of being used for
    sleeping (includes rooms designated as a study or sleep-out.
17. If it is proposed to use a heat pump system for supplying hot water, the service is to be
    located such that noise from the unit’s fan and compressor does not create offensive noise at
    the boundary of the nearest affected residence. Generally these units are unsuitable for
    location between the building and side boundary with another residential lot.
18. If it is proposed to install air conditioning, the compressor is to be located such that noise from
    the compressor & fan and does not create offensive noise at the boundary of the nearest
    affected residence. Generally these units are unsuitable for location between the building
    and side boundary with another residential lot. Compulsory noise labelling on the unit
    provides guidance to installers.




CATEGORY 10 – CONDITIONS OF CONSENT

DURING CONSTRUCTION

1     Any building works may only be carried out between 7.00am and 6.00 pm on Monday to
      Friday and between 7.00 am and 5.00 pm on Saturday, and must not be carried out on a
      Sunday or a public holiday.




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             PART 3 – SPECIAL PROVISIONS




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3.1 RURAL BUILDING LINES
The following is a list of building lines which apply in the rural areas of Ballina Shire. A
list of urban building lines can be found in Policy Statement No.3 of Chapter 1 (Urban
Land) of the Ballina Shire Combined DCP.

Bruxner Highway (from centre line of road)                       38.4m


Cumbalum Heights                                                 Refer to plan of subdivision
                                                                 for building envelope


Cumbalum Park                                                    Refer to plan of subdivision
                                                                 for building envelope


Hillcrest Drive                                                  6.0m


Main Road 146 (from centre line of road)                         38.4m
(Teven Rd from double bridges to
Eltham via Pearces Creek)


Main Road 555 (from centre line of road)                         38.4m
(Road from Wardell to Meerschaum Vale, Dalwood,
Rous Mill, Marom Creek to Shire boundary)


Meridian Heights                                                 20m


Norfolk Park Estate                                              Refer to plan of subdivision
                                                                 for building envelope


Pacific Heights                                                  10m


Pacific Highway (from centre line of road)                       38.4m


Rural residential subdivisions (other than those included        Refer to plan of subdivision
on this list)                                                    for building envelope & covenants


Rural roads and lanes (other than those included on this list)   20m


Willowbank Estate                                                6m




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3.2 ALSTONVILLE VILLAGE
The following special provisions apply to Exempt development in that part of the
Alstonville Village as shown in Map 1 (below). If the stipulated design parameters are not
going to be adopted, a Development Application is to be submitted to Ballina Council.

FORM

Roofing:        Rooflines shall include gable and hip design.
Verandahs:      Front verandahs shall be retained in older buildings and included in new
                buildings.
Windows:        Windows facing the street shall have a predominantly vertical proportion. Window
                frames should be timber. Examples of suitable styles include the Federal Hotel,
                Post Office and the former CBC Bank.

MATERIALS

Walls:          Weatherboard or horizontal chamferboard is to be the predominant wall cladding.
Roofing:        All roofing shall be constructed of corrugated galvanised iron, corrugated
                colorbond or corrugated zincalume.
Fencing:        Street fencing shall be timber picket, slat, hedge or post and rail fencing.

COLOURS

The use of colours shall be based on reference to existing Alstonville heritage colour schemes
with strong contrast in colours to be avoided.

SIGNS

Advertising signs shall be placed in locations on buildings that would traditionally have been used
as advertising areas with the architectural features of a building remaining dominant.

MAP 1




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                                           BLANK




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      PART 4 – SUPPORTING INFORMATION




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4.1    LENNOX HEAD – 1:100 INTERIM COASTLINE HAZARD
       LINE

Identified by the adopted Ballina Shire Coastline Hazard Definition Study Final Report
prepared by WBM Oceanics Australia.




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4.2    COMPANION ANIMALS REGULATION 1999 – ENCLOSURE
       REQUIREMENTS FOR DANGEROUS AND RESTRICTED
       DOGS


        (1) For the purposes of sections 51 (1) (c) and 56 (1) (a1) of the Companion
            Animals Amendment Act 2005, the requirements set out in sub clauses (2),
            (3) and (4) are prescribed as the requirements that must be complied with in
            relation to an enclosure for a dangerous or restricted dog.

        (2) The enclosure must:
              (a) be fully enclosed, constructed and maintained in such a way so that
                    the dog is not able to dig or otherwise escape under, over or through
                    the enclosure, and
              (b) be constructed in such a way so that a person cannot have access to it
                    without the assistance of an occupier of the property who is above the
                    age of 16 years, and
              (c) be designed to prevent children from having access to the enclosure,
                    and
              (d) not be located on the property in such a way so that people are
                    required to pass through the enclosure to gain access to other parts of
                    the property, and
              (e) have a minimum height of 1.8m and a minimum width of 1.8m, and
              (f) have an area of not less than 10 square metres for each dangerous or
                    restricted dog kept on the property, and
              (g) have walls that are fixed to the floor and constructed to be no more
                    than 50mm from the floor, and
              (h) have walls, a fixed covering and a gate that are constructed of:
              (i) brick, timber, iron or similar solid materials, or
              (ii) mesh that complies with subclause (4), or
              (iii) a combination of the materials referred to in subparagraphs (i) and(ii),
                    and
              (i) have a floor that is constructed of sealed concrete and graded to fall to
                    a drain for the removal of effluent, and
              (j) provide a weatherproof sleeping area.

        (3) Any gate to the enclosure must:
              (a) contain a self-closing and self-latching mechanism that enables the
                  enclosure to be securely locked when the dog is in the enclosure, and
              (b) be kept locked when the dog is in the enclosure, and
              (c) display the warning sign referred to in clause 29.

        (4) Mesh used in the construction of an enclosure must be:
             (a) chain mesh manufactured from at least 3.15mm wire to form a
                  maximum mesh spacing of 50mm, or
             (b) weldmesh manufactured from at least 4mm wire with a maximum
                  mesh spacing of 50mm.




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4.3    WOLLONGBAR URBAN EXPANSION AREA




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