Other Guidelines

 

Byron Rural Settlement Strategy

Community Significant Development

Applicants are now required to consult with the community prior to the lodgement of a development application for Community Significant Development.

Early consultation allows for the community to have more involvement in the design of development in the shire and can help address any potential impacts of a development at an early stage.

Community significant development is defined as:

  • a building with a gross floor area of 5,000m2 or more in an industrial, rural or commercial zone; or
  • any development that will be referred under the Act to the Joint Regional Planning Panel; or
  • any subdivision resulting in 50 lots or more; or
  • residential accommodation resulting in 10 or more dwellings; or
  • any development that proposes demolition of a heritage listed item; or
  • pubs; or
  • small bars (nightclubs) within the meaning of the Liquor Act 2007; or
  • function centres; or
  • restaurants in rural areas; or
  • offensive industries; or
  • telecommunications facility.

The pre-lodgement community consultation should involve a facilitated community meeting or workshop with notice of this workshop given to surrounding landowners.

A report is to be submitted to Council as part of the development application at the time of lodgement outlining the consultation undertaken and the response from the community. This report will be made available to the public during the formal development application exhibition period.

It is the applicants responsibility to organise and facilitate the pre-lodgement consultation and to ensure they meet the meet the minimum requirements prior to the lodgement of a development application for community significant development.

Further details on the requirements for pre-lodgement consultation process and the contents of the consultation report is available in the Byron Development Control Plan 2014 Part A – Preliminary.

 

Comprehensive guidelines for Stormwater Management

The purpose of this document is to provide additional information to supplement the stormwater provisions contained in Chapter B3 Services of Byron Shire Development Control Plan 2014(PDF, 321KB) that applies to land which Byron Local Environmental Plan (LEP) 2014 applies.

This document is also to be read in conjunction with Council's adopted engineering standards, currently the Northern River Local Government Development Design and Construction Manuals(NRLG Manuals).

Creation of easements, restrictions and/or covenants

Council may require the creation of easements, restrictions or covenants as a condition of a development consent or other approval.

To create an easement, restriction or covenant, you need to complete the appropriate dealing forms and lodge them for registration with NSW Land Registry Services. You will likely need to engage the services of a Solicitor (or Conveyancer) and Registered Surveyor to prepare the necessary documentation.

If the necessary documentation requires Council’s execution, then Council will require the following :

  • payment of fees in accordance with the current adopted fees and charges;
  • a letter with a return address and contact details, referencing the approval (eg. development consent 10.2019.1.1) and addressing the relevant condition;
  • an original and 1 copy of all documentation requiring execution by Council;
  • terms of such easement, restriction or covenant in accordance with the requirements of the condition of development consent and/or Council’s policies;
  • a survey plan from a Registered Surveyor showing the location and depth of pipelines if an easement over a pipeline is proposed; and
  • copies of any prior emails or correspondence with Council regarding the easements, etc.

The following links/documents may assist:

 

Developing Vegetation Management Plans and Biodiversity Conservation Management Plans

Guidelines for erosion and sediment control on building sites

This handbook provides a practical guide to best practice to reduce stormwater pollution from building sites. These guidelines will help you to comply with your statutory environmental obligations.

Guidelines for Erosion and Sediment Control on Building Sites(PDF, 602KB)

Food premises fit-out

When lodging a Development Application it is important to ensure compliance with acceptable standards for the construction of food premises. All building work in connection with the occupation or use of a food premises must be designed and constructed in accordance with the following requirements:

The Food Premises Design, Construction and Fit-out Guide(PDF, 4MB)  provides guidance to operators, architects, designers, builders, equipment manufacturers and other professionals associated with the design and construction of food premises.

Councils Environmental Health Officers (EHO) are available to provide advice on any modifications and installations of a food premise fit-out.

The premises must be registered(PDF, 91KB) with Council prior to the commencement of the use

Site contamination report

The Environmental Planning and Assessment Act 1979 (EP&A Act) and State Environmental Protection Policy 55 (SEPP 55) require Council to consider the suitability of land for a proposed development. 

The risk to health and the environment from contamination must be included in this assessment.  SEPP 55 requires that Council be satisfied that a site is suitable for its proposed use or can and will be made suitable.

Telecommunications infrastructure for new developments

Developers are responsible for providing telecommunications infrastructure in their developments. 

To provide this infrastructure, developers need to contract a carrier to install telecommunications infrastructure in their new development. Developers are free to choose which carrier they want to service their development.

For larger developments (100 lots or more) nbn is the infrastructure provider of last resort. This means nbn is obliged to service the development on commercially agreed terms if you apply to nbn .

Telstra is the infrastructure provider of last resort in smaller developments (less than 100 lots) until nbn publicly identifies an area as ‘ready for service’ in its fixed line rollout region .

Developers are asked to apply at least 6 months before the required date of service to ensure a connection is ready when residents move in.

 

Links


Need further information?

Council's Development Support Officers (DSOs) are available to answer planning related questions. To speak with a DSO