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Part 4 Division 4.3 Section 4.17 of the
Environmental Planning and Assessment Act 1997 allows the consent authority to
impose a condition of development consent which requires the applicant to
provide a security payment and Part 7 Division 2A Clause 136M of the
Environmental Planning and Assessment Regulation 2000 allows the imposition of
a condition relating to the payment of security on complying development
Goulburn Mulwaree Council requires the payment of a
damage bond for developments within the Local Government Area proposing:
Erection of new buildings
Alterations and additions
Swimming pool installations
where the estimated cost of development is $25,000
or more and the development has frontage to a sealed road. The bond is to be
held as security until repairs are undertaken to Council assets damaged as a
result of activities associated with private construction works.
The damage bond value payable to Council are:
$3,000 per development
$5,000 per development on a corner lot; and
Bond value subject to an assessment by Council’s Development
Engineer for development with the B3 Commercial Core Zone, development
with a value greater than $500,000 or development where an easement
containing Council infrastructure traverses the property.
The relevant damage bond value will be imposed as a
condition of consent and Council’s process is outlined as follows.
The payment of the bond to Council shall be
accompanied by the Damage Bond Application which outlines accepted methods of
The Damage Bond is payable for the purpose of
funding repairs to damage of Council assets and ensuring Council standards and
specifications are met. There are two components to this fee:
A non-refundable administration fee covers the administration of the Damage Bond plus the initial and final inspections.
A refundable damage bond as determined by the value of works.
Current fees and charges are available
from Council's website (www.goulburn.nsw.gov.au) or by contacting Customer
Service on (02) 4823 4444.
Council's officer will undertake a preliminary
inspection prior to commencement of the development. This preliminary
inspection is to record (photograph) any existing damage to Council assets so
that any existing damage is not attributed to the development works being
undertaken by the applicant.
Should the applicant have comments in relation to
any existing damage to Council assets please attach a written submission /
photographs with the application.
A final inspection will be carried out by Council's
all works, including landscaping, driveway construction, turfing, have been
completed to a satisfactory standard; AND
issue of a Final Occupation Certificate by the Certifying Authority for the
In the case of swimming pools or excavation, the
bond will be considered for refund when the applicant advises that the works
are completed and have met the Certifying Authority's requirements.
If the final inspection is deemed unsatisfactory,
an additional inspection fee (as per Council's Fees and Charges) will be
charged per reinspection required and retained from the damage bond.
to Damage of Council Assets
The applicant is responsible for any damage
incurred to Council assets as a result of development works. The applicant is
responsible for rectifying any damage to Council’s assets to Council’s
Should the cost to repair the damage exceed the
amount of bond paid, Council requires the applicant to meet its obligations and
insuring that Council’s Engineering Standards are met and will therefore be
required to fund the excess amount.
If the applicant refuses to undertake or fund the
rectification works within three months of establishing that damage has
occurred or sooner should the damage impact upon the performance of the
infrastructure or public safety, Council will undertake the works and all costs
involved will be charged to the applicant.
of Damage Bond
It is the responsibility of the applicant to advise
Council when construction works are completed and damage bond is due for
Following a satisfactory final inspection, the
Damage Bond, minus the administration and inspection fee and any other
additional inspection fees applicable, will be refunded.
The refund payment will be direct deposit to the
original drawer. Council will request the bank details at the time of the
refund. If the applicant wishes the payment in another name, a written request
must be forwarded to Council prior to refund of the bond.
If Damage Bond is not claimed within 10 years from
application date, an attempt to contact the applicant will be made. If contact
is unsuccessful, Council reserves the right to consider the bond forfeited.
DISCLAIMER: This service is provided by Goulburn Mulwaree Council. Council provides this information with the understanding that it is not guaranteed to be accurate, correct or complete. Conclusions drawn from this information are the responsibility of the user. Every effort has been made to ensure accuracy however, Council assumes no responsibility in the event that any information is incorrect. Council assumes no liability for damages incurred as a result of incomplete, incorrect or omitted information. The user of this information assumes all liability for their dependence on it.