Land Development Engineering

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  • 1.  Consent condition & Road Safety Audit

    Posted 19-11-2014 14:58

    G'day Mates,

    I have an issue where a recommendation (don't like recommendations in audits by the way as per RMS guide) from a Road Safety Audit for a treatment that was different to that specified as a condition of consent.

    The Audit recommendation was for a more superior treatment which the developer was happy to do.

    Not sure if any of you have come across this issue & how you have dealt with it.

    Have you required a Sect 96 or not bothered as they are exceeding the minimum requirement of the condition of consent?
    thanks

    -------------------------------------------
    Adam Mularczyk
    Team Co-ordinator Development Engineering
    Wyong Shire Council
    WYONG NSW
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  • 2.  RE: Consent condition & Road Safety Audit

    Posted 20-11-2014 16:19
    Hi Adam, You haven't said whether the project is a subdivision or building DA, but since a Road Safety Audit has been done I assume it is a subdivision proposal you are dealing with. That being the case, Council will have to be appointed (if not already) as the PCA for the subdivision as per legislation, and can make a call as far as the engineering design goes. To facilitate the adoption of the higher standard that the developer is happy to accept, I suggest you send an email to the applicant (and his design consultant) agreeing to the superior treatment. With that written advice in hand, and a note on Council's file referring to the email, a S.96 could be avoided, as Council will be the controlling authority when it comes to issuing the Subdivision Certificate. Since the DA Condition will thus be averted, just make sure the written advice regarding what exactly is being endorsed is very clear, and in terms that would otherwise be the replacement DA condition. That way, whoever has to deal with the CC documentation (Council or certifier), they will have the benefit of supporting advice from Council giving direction as to what has been agreed. Hope this helps, ------------------------------------------- Steve Johnson Land Development Certificates Now at PENRITH NSW -------------------------------------------
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  • 3.  RE: Consent condition & Road Safety Audit

    Posted 20-11-2014 16:19
    I would consider that the condition of consent has been met, and therefore a S96 is not required. The conditions are a minimum that have to be achieved, and where a developer is willing to construct above a minimum requirement, that shouldn't be an issue. ------------------------------------------- Anthony Shorten Senior Development Services Engineer Blacktown City Council BLACKTOWN NSW -------------------------------------------
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