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Approval - Conditions of Consent

If your Development Application is approved, it will be subject to conditions of consent. The conditions form part of the Notice of Determination and must be complied with.

The development consent is structured in accordance with the regulatory framework at each stage of the process, leading to the occupation and use of the completed development.

The development consent is structured with headings which detail what should occur in that step of the process including:

• General conditions
• Building work: before the issue of a Construction Certificate (CC)
• Before building work commences
• During building work
• Before the issue of an Occupation Certificate
• Occupation and Ongoing use
• General advisory matters
• Dictionary of terms

Please ensure that you read the conditions of consent carefully. Some of the conditions of consent require the approval of delegates of Waverley Council and others by the Principal Certifier.

Where post consent approval is required from Council officers, an electronic copy of the documentation or plans including a covering letter clearly stipulating which condition/s is being addressed, should be submitted via email to info@waverley.nsw.gov.au attentioned to the specific officer (where known). Documents will need to be labelled in accordance with Council’s naming convention (or may be rejected). Please ensure that any matters requiring Council's approval are submitted with adequate time for review.

A fee may be charged to review certain conditions of consent as per the Fees and Charges Pricing Policy.

General conditions

This section of the consent outlines the particulars of the development or works which the consent authority has approved.

This includes the approved use and lists the relevant plans, certificates, stormwater details, materials and finishes and various special reports (arborist report, plan of management etc.) that form the approval.

This section will also outline any plan modifications which must be made to satisfy Council or the Principal Certifying Authority.

Building work: before the issue of a Construction Certificate

If your application involves any building or subdivision works, you will need to obtain a Construction Certificate prior to commencing any work.

This section of the consent outlines all matters which must be addressed before you are permitted to begin any construction or demolition works.

Common matters can include:

• Construction Traffic Management Plans (CTMP);
• Details of material and finishes;
• Payment of contributions, fees, bonds;
• Landscaping details;
• Details of waste storage areas;
• Stormwater, structural and engineering details;
• Noise reports.

Before building work commences and during building work

Conditions under these headings must be adhered to before construction works commence, then throughout the construction phase of the development. The conditions relate to construction signage, construction requirements, tree protection, construction inspections, noise and construction hours.

Before the issue of an Occupation Certificate

Before occupying or using the building which is approved under the development consent, the Principal Certifier must ensure that the development has been carried out in accordance with the development consent. This includes providing documentation to certify that the works have been carried out as required and to ensure that the development is fit for use (i.e. car parking is lined marked and allocated, signage provided).

Documents which may be required include:

• Plans of Management for certain uses;
• Licenses to operate;
• Waste arrangements;
• Street numbering;
• Fire Safety provisions;
• Legal instruments where required (right of way or easements).

Once an Occupation Certificate has been issued by the Principal Certifier, then the building can be used.

Occupation and ongoing use

This section of the consent is included for commercial uses, community facilities (i.e. schools and child care centres), places of public worship, or residential uses such as residential accommodation, boarding houses and backpackers accommodation, and outlines operational requirements relating to the use which the Council has approved. This includes matters such as:

• Hours of operation (including any trial periods);
• Patron capacity;
• Signage requirements;
• Plan of Management;
• Noise, odour and amenity matters;
• Parking and loading;
• Security;
• Stormwater management;
• Waste management

General advisory matters

Advisory notes are located at the end of the consent providing additional information about Council policies or other matters which may arise during the construction phase of the development or after occupation.