Queensland Laws Building Surveying assessment

Building Surveying assessment; 3, 2

Task 1

a. List of all relevant legislation for planning permissions in Queensland

i. Planning Act 2016

ii. Planning Regulation 2017

iii. Sustainable Planning Act 2009 (Repealed)

iv. Integrated Planning Act 1997 (Repealed)

v. Sustainable Planning Regulation 2009 (Repealed)

vi. Aboriginal and Torres Strait Islander Land Holding Act 2013

vii. Central Queensland Coal Associates Agreement Act 1968 (Part VI of the schedule)

viii. Century Zinc Project Act 1997 (ss 14-17)

ix. Integrated Resort Development Act 1987

x. Local Government Robina Central Planning Agreement Act 1992

xi. Mixed Use Development Act 1993

xii. Planning and Environment Court Rules 2010

xiii. Regional Planning Interest Act 2014

xiv. Sanctuary Cove Resort Act 1985

xv. South Bank Corporation Act 1989

xvi. Southern Moreton Bay Islands Development Entitlements Protection Act 2004

xvii. Townsville City Council (Douglas Land Development) Act 1993

xviii. Townsville Breakwater Entertainment Centre Act 1991 (Queensland Government 2018).

b. List of all relevant legislation for planning permissions in NSW

i. Environmental Planning and Assessment Act 1979 (or "the EP&A Act")

ii. Environmental Planning and Assessment Regulation 2000 (or "the EP&A Regulation") (NSW Government n.d).

c. Planning assessment process flow chart

Figure 1. Planning Assessment Process (adopted from Logan City Council n.d)

d. Planning assessment from lodgment to notice of determination in Queensland (adopted from Eurobodalla Shire n.d)

Figure 1. Planning Assessment Process (adopted from Logan City Council n.d)

d. Planning assessment from lodgment to notice of determination in Queensland (adopted from Eurobodalla Shire n.d)

Applicant to research the planning controls and checklist that apply to the development on Council’s website

Optional pre-lodgment meeting with Council’s planning staff

Applicant to clarify requirements with Council’s Duty Planner 02 4474 1231

Applicant to lodge Development Application (DA)

Where required, Council will notify/advertise the DA and referrals to internal departments and external agencies are made

Council receives comments from Council internal departments and external agencies

Council undertakes the assessment in accordance with planning controls and legislative requirements

Are there any concerns or is any further information required?

Planner to make recommendation (approval or refusal)

Planner to contact applicant and letter will be sent requesting further information

Council to issue notice of determination

Task 2:

a. Planning Applications Requirement List for Ku-Ring-Gai

Building Works

• A building certificate

• Principal Certifying Authority Service Agreement

• Notice of commencement of works

• Appoint Council as Replacement PCA

• Out of Work Hours Application information sheet

• Out of Work Hour Application (Ku-ring-gai council nda)

ii. Building certificate

Lodge an application for building information certificate.

iii. Complying development

• pre-CDC Consultation Application

• Complying Development Certificate application.

• Certificate of construction

• Application for Construction Certificate

• Application for Development

• Checklist for development Application form and the checklist

• Disclosure statement for political donations

• Bushfire risk Management

• Management plan for Waste

• DA determination review sec. 82A

• DA rejection review, section 82B.

• Extension of DA consent under section 95 A (Ku-ring-gai council n.d.a)

Documents for a carport

Construction of carports within Ku-ring-gain comes under exempt developments (i.e., extremely low-impact or minor developments (change of premise use or small works) which may be carried out for specific commercial properties without the need for building approval or planning) (Ku-ring-gai council, n.d.b). Council approval is only required if the proposal fails to satisfy certain development standards. For being regarded as exempt development, the carport mustn’t be constructed on environmentally sensitive land. In order for being considered exempt, the carport development ought to fulfil the following conditions;

• There should be a maximum of two for each lot.

• Its maximum size on land within the following rural zones, namely, RU1, RU2, RU3, RU4 and R5 should be 50 square meters.

• Its maximum size on land within every other zone ought to be 20 square meters.

• Its maximum height above ground level must be three meters.

• Carports intended for land within the rural zones RU1, RU2, RU3 and RU4 must be situated behind road frontages’ building line.

• It should be set back at least 900mm from all boundaries.

• In case of properties situated within draft heritage conservation or heritage conservation areas, the carport ought to be situated in the property’s backyard.

• If situated next to another structure, it ought not to interfere with that structure’s entryway, exit, or emergency evacuation exits.

• Shipping containers cannot form carports.

• Within zones classified as residential areas, all metal components of the construction must be made of factory-colored, low-reflective material.

• Roof water disposal shouldn’t cause any trouble for adjoining property owners.

• In case of property prone to bushfires and situated not more than five meters from one’s house or that of a neighbor, the carport should be made from non-combustible material.

b. Checking the application against council requirements

i. Compliance of the application

No, the present application fails to adhere to carport requirements. The plan reveals that the intended design isn’t set 900mm back from all boundaries. Furthermore, its roof touches nearby residential buildings on the south and north, which violates the fire safety conditions that must be fulfilled by all construction projects.

ii. Council requirements and the law

No, the carport requirements stipulated by the Ku-ring-gai council are in line with BCA regulations. Fire separation should adhere to the BCA’s Performance Requirement (conformity to BCA p2.3.1 and meeting BCA P3.7.1.8 requirements). According to the BCA p2.3.1 provision: class 1a structures should be safeguarded from fire spreads from neighboring edifices and the plot boundary besides a boundary adjacent to a public space or road. According to the BCA P3.7.1.8 provision, fire separation walls separating Class 1 structures should compulsorily possess: a continuous FRL (fire resistant level) of a minimum 60/60/60 (a minute grading rate for structural suitability/integrity/insulation), in addition to commencing at footings that extend to non-combustible rooftops’ underside across gaps between residences’ roof spaces and over verandahs and eaves (Australian Building Inspection Services 2018).

Combustible construction material such as timber may not cross the separating wall; the only exception is roof battens having the dimensions 75 x 50 mm. It is mandatory to pack all gaps existing between the roof’s underside and the wall’s top using appropriate, manufacturer-recommended fire-resistant materials (for instance, mineral fiber). With regard to combustible roof coverings, it is advised that the fire separation extend to 450mm over the combustible cover (Australian Building Inspection Services 2018). BCA allows only single garages between units, in case of structures between units, which is the case here. The garage must be constructed from non-combustible materials and walled up to the roof space’s height. Furthermore, more than two-thirds of the area of a carport erected between buildings ought to be enclosed.

iii. Should the council accept this application?

• The proposed structure is single-story

• The roof plan’s present configuration fails to conform to Ku-ring-gai council and BCA conditions. The material for the roof adheres to the minimum requirement of being situated 1.8 meters from the property’s main structure (residence), as per Clause 3.7.1.6(b)

• Drainage has been installed as per AS/NZS 3500.3 and AS3500.5 (section 5) and council requirements. Storm water cover conforms to BCA Cl 3.1.2.5(c) requirements. In other words, storm water disposal provision has been made, through 90mm PVC drain pipes that are linked to the extant on-site storm water system attached to the Councils drainage system and situated in Hypothetical Street. Also, the extant system for drainage is in sound working order.

• The carport construction’s planned height is in keeping with the minimum requisite of 2.1 meters

The aforementioned observations lead to the conclusion that the construction proposal can be altered (in its appearance and design) to comply with BCA 2015 (Building Code of Australia) requirements and other standards. Hence, the Ku-ring-gai council ought to grant its approval for the project as adhering to the stipulated requirements for erecting carports within the area.

iv. Required action in case application complies with statutory requirements but not council requirements

State development and planning regulations stipulate design and construction requirements; the regulations are interpreted and put into effect by councils operating at the local level. The BCA significantly influences state laws, in addition to federal-level laws surrounding the environment and disability access. They give rise to a highly complex, and even slightly faulted, framework which governs the way a structure may be utilized, and the conditions for use (Government of South Australia 2018). The main entities in charge of deciding the way the laws are applicable to the structure of one’s interest are the local-level planning officials and council building certifiers. As their role is described based on state law, it may differ vastly for different councils and states.

In the context of statewide planning regulations, individual councils have their own planning schemes which define the kinds of developments or activities that can take place within diverse municipality areas. A large number of activities need council-issued planning permits. According to environmental protection, design, and construction regulations, all individuals considering action that potentially significantly impacts a matter safeguarded by the law must refer the planned undertaking to the nation’s Environment Minister for ascertaining whether approval is needed or not (Government of South Australia 2018). In case the environment protection regulations mandates approval, it may be only given following a transparent, rigorous assessment of project effects by the Environment, Water, Arts and Heritage Department, or an environment ministry-accredited governmental, state, or territory process.

The local government constitutes a major actor when it comes to safeguarding the nation’s environment and ascertaining that design and construction regulations have consequences for local governmental personnel, contractors, operations, and responsibilities. Councils are charged with overseeing, supervising and certifying construction projects and project designs. In doing so, statutory regulation is given priority over the requirements set forth by the council (Government of South Australia 2018). Despite councils being granted the authority to issue further requirements which ought to be adhered to by project owners for acquiring project approval, it is imperative that no council requirement goes against statutory laws; in case a requirement does flout statutory law, the latter shall prevail. Therefore, in case of applications that are compliant with statutory law but fail to adhere to the requirements set forth by the local council, applicants need to make sure their application is fully compliant with council conditions unless the conditions contradict any statutory condition.

c. Checklist for assessing the carport application

• Is the project permissible, confirm with the property zoning

• Is the project designed to agree with the controls of planning such as LEP and DCP

• Does the building project comply with all NSW and SEPPS?

• Supporting materials and plans for the required DA submission

• Documents and plans prepared following the DA guidelines

• Waste management Plan

Plans showing BASIX certificate comments if BASIX is required

Task 3: Planning report

Zoning: The land designated for the project is located in zone 5 in line with the planning tools of the Council

Permissibility: Since it is a carport, it is allowed under the Local Environment Development Plan of the Ku-ring gai, although it is subject to approval

Development Applications Notifications: While the policy is relevant to this project, the clause: Applications for Which Notification Will Be Given Under This Policy Development applications for the categories of development below shall not require notifications

Local Government Act: Carport plans are for purposes of residential construction. Consideration that the carport proposed will improve the dwelling’s value and is in line with the plan objectives.

Storm water Management: water from the carport is suggested to be managed through the existing storm water system. The site coverage for the project has been sealed already; therefore, the carport does not raise the volume of storm water running off from the site.

Visual Appearance/Built Form Domestic Structures linked to the basic use of the site for living within the zone 5 are projected. Although the General Section, principle 8 of residential Development sets out what is needed for garages and carports measuring 5.5 meters or 0.5 meters behind the current dwelling.

Management of Traffic and Parking: The suggested carport will offer parking for the dwelling and a space for a visiting car. The parking arrangements in existence meet the requirements of the Development Plan which require that a single covered carport is needed for each dwelling with at least one more parking space.

The Open Private Space: the carport proposed does not affect the open space because the carport is to be built on the driveway that is already in existence and is not part of the calculations for the open space.

• The height of the roof should be at least 2.1m

• The roofing material for the structure must not exceed a minimum of 1.8 m from the main residence to comply with clause 3.7.6 (b) and figure 3.7.1.5d

• The roof pitch and the accompanying construction material are to be in agreement with the AS1562.1 and details from the manufacturer 3.5.1 Roof Cladding. Identification of the roof pitch and material is to happen on plans for construction. The existing design calls for modification of the pitch so as to comply with AS 152.1, clause 3.5.1.3. The configuration of the roof plan as it is does not agree with the requirements of BCA. There is need to modify the design.

Task 4: Referrals required

The process for prolongment in which the applicant presents referral comments to the council was started and the reduction in development forms that need to concur with the referral agency. With regard to referrals, it is observed that dealing with matters through the existing planning system subject to other legislation is a complex process. A good example is the Native Vegetation Act 1991 of the Local Government Association of Australia. In order to overcome the complexity, it has been suggested that any additional approvals from the legislation be removed including the specific policies addressing the objectives of referral agencies being introduced in the Development Plan.

Design Review:

Development Applications need to be referred to the Design Review Panel of the city. Advice from the panel will be included in the officer assessment. Recommendation and report on what is proposed. It is also attached on the item to the report from the Council and the RAR. Policy no. 7.4 of the City’s Planning Policy, the panel for design and review and the procedure for planning 1.22- the Design Review Panel should be checked for details.

Application Assessments: the DAP application assessment will be based on the standard process for the city and align with the statutory requirements of the Town Planning Scheme No. 2(TPS2). It incorporates the public advertising, if so needed, internal department consultations, and referral agencies from outside including completion of the RAR. Assessment of the Application and recommendations such as approval conditions or refusal reasons plus any additional notes is also needed.

Task 5: waste management plan analysis

Project analysis: the project will generate almost zero waste. Excavated material from the site will be sent to a recycling site chosen by the constructor. Such material will be restricted to what is done during the digging of footings. There will be no serious excavation. The limitation of the project is to the creation of the housing structure.

Plan for the Project: waste materials generated from construction are stored separately in a waste bin. Recyclable construction material is kept in a separate storage bin. Excess material is ferried out of the site using the Council collection service, Kerb Side.

Record keeping and Implementation: No ongoing waste burden extras will be there. Measures for controlling dust will be implemented. No record keeping evidence is available.

Cost Control: it is missing in the plan for waste management

Post project evaluation: it is missing in the waste management plan

Given the nature and the type of information left out, it is likely that the plan is not a product of a suited or qualified person. Nevertheless, considering the nature of the project at hand, and the fact that no demolition is need, and thus no generation of demolition waste, the waste generation from the project will be minimal. It is also possible that a brief and structured plan will be used (Minks 1994). Consequently, it is hard to tell whether the waste management plan was prepared by a professional. Some of the omitted details include the list of waste material and the disposal method planed, documentation, officer designated to oversee the implementation, evaluation, cost control and tracking, post project evaluation, distribution plan and specifics of the implementation (Minks 1994).

Task 6:

OVERVIEW

The information in this outline is applicable only where there is a requirement for a building approval for works related to residential dwelling. The information is only meant to be a guide. It is not to substitute consultation with the relevant authority and legislation for purposes of obtaining the needed professional advice that is relevant to your specific circumstances. Garages, carports and sheds are categorized as class 10a structures under the Australian Building code.

BUILDING APPROVAL

In line with the Queensland Building Act 1975, there is a need to obtain a building approval for carport, garage and shed construction where any of the items below apply

• An area plan of more than 10m2 or

• A height exceeding 2.4 m or

• An average height of more than 2.1m or

• A side exceeding 5m or

• Not standing freely- joined with another structure

The mean height of a building is derived by dividing the total area elevated by the horizontal length facing the boundary

OTHER APPROVALS

There may be a need for additional approvals. Refer the building guidelines for Residential Properties diagram placed on the last page here.