Queensland Laws Building Surveying Assessment Essay

Length: 12 pages Sources: 20 Type: Essay Paper: #93444294 Related Topics: Construction, Cost Control, Development Plan, Law Published January 25, 2023
Excerpt from Essay :

Building Surveying assessment; ,

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 Sustainable Planning Act 2009 (Repealed)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 Integrated Planning Act 1997 (Repealed)

v. Sustainable Planning Regulation 2009 (Repealed)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 Councils website

Optional pre-lodgment meeting with Councils planning staff

Applicant to clarify requirements with Councils 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 mustnt 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 propertys backyard.

If situated next to another structure, it ought not to interfere with that structures 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 shouldnt cause any trouble for adjoining property owners.

In case of property prone to bushfires and situated not more than five meters from ones 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 isnt 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 BCAs 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 battes having the dimensions 75 x 50 mm. It is mandatory to pack all gaps existing between the roofs underside and the walls 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 spaces 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 plans 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 propertys 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 constructions 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…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.

PROPERTIES ADJOINING

If the suggested structure may affect the neighbor/s it is important to consult with such a neighbor or neighbors before commencing work. Such a move may help to avoid possible disputes.

ROOFWATER DISPOSAL

Storm water and roof water needs be channeled properly so that it does not cause a nuisance to the surrounding buildings and structures surrounding the project. Such a measure needs guttering installation, storm water pipes and downpipes. Such roof water must be directed to a proper discharge point. It may also be directed to a soakage pit. Such pits must be as far as possible from buildings, property boundaries and structures.

FIRE PROTECTION REQUIREMENTS

The Australian building Code provides the fire protection outlines and requirements which apply to Buildings in Class 10. The central objectives in the code are meant to protect the houses built under Class 10 from being decimated by fire from neighboring buildings. Several approaches meet the fire protection demands. The common methods used include

Provision of a clearance of a 900mm between the boundary and the building under Class 10

Provision of a clearance of 900mm between the house and the building under Class 10

Provision of a 60/60/60 wall that is fire rated between such a house and the boundary. The wall should not have openings and would be a product of masonry construction. Alternatives exist, though.

FURTHER INFORMATION

Carports, garages and sheds need to be designed by a qualified person. Some sheds, carports and garages come with manufacturer specifications and details for installation which should be adopted.

Task 7: Council and Legislative requirements for the application notification

If there is a need for notification, the council communicates to your neighbors and the comments from such neighbors are considered before a decision on the application is made. Such a notification may be needed if:

There is a floor exceeding 54m2 or a wall exceeding 9m long

There is a height of the eave or wall that exceeds 3m, or level of the floor exceeding 600mm below or above the natural ground level

Such a project is sited within a distance of 900mm of the boundary of a site or close to a street front compared to the dwelling wall that is nearest to the street frontage

Impingement of the minimum private open area required

If their size within the location makes it visually dominant over the related dwelling or locality

If it is of a size that leads to unnecessary overshadowing of the windows to a room habitable in the dwelling

Is to be used for a disruptive purpose that will disturb adjoining residents

Sources Used in Documents:

References


Australian Building Inspection Services, 2018. Fire Separation Walls. Accessed on 13 April 2018 < https://www.abis.com.au/fire-separation-walls>


Eurobodalla Shire, n.d. Development Application (DA) – flowchart of the DA process. Accessed on 12 April 2018 < http://www.esc.nsw.gov.au/development-and-planning/development-applications/the-development-process/DA-Flow-Chart-Eurobodalla-2.pdf >


Government of South Australia, last update 2018. Building rules, regulations and information. Australian. Accessed 13 April 2018 < https://www.sa.gov.au/topics/planning-and-property/land-and-property-development/building-rules-regulations-and-information>


Ku-ring-gai council, n.da. Forms and information packs. Accessed on 13 April 2018 < http://www.kmc.nsw.gov.au/Plans_regulations/Building_and_development/Forms_and_information_packs >


Ku-ring-gai council, n.db. Exempt development. Accessed on 13 April 2018 < http://www.kmc.nsw.gov.au/Plans_regulations/Building_and_development/Building_or_renovating/Commercial/Exempt_development>


Logan City Council, n.d. FACT SHEET Building Approval Process (Queensland). Accessed on 12 April 2018 < http://www.logan.qld.gov.au/__data/assets/pdf_file/0008/306971/Fact-Sheet-Building-Approval-Process-QLD.pdf >


NSW Government, n.d. Legislation. Accessed on 12 April 2018 < https://www.planningportal.nsw.gov.au/understanding-planning/legislation>


Queensland Government, 2018. Planning laws and regulations. Department of Local Government, Racing and Multicultural Affairs. Accessed 12 April 2018 < http://www.dilgp.qld.gov.au/resources-ilgp/laws-policies/planning-laws-and-codes.html>


Cite this Document:

"Queensland Laws Building Surveying Assessment" (2018, April 17) Retrieved January 29, 2023, from
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"Queensland Laws Building Surveying Assessment", 17 April 2018, Accessed.29 January. 2023,
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