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 certificates.

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

Subdivision: and

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 payment.

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:

1.  A non-refundable administration fee covers the administration of the Damage Bond plus the initial and final inspections.
2. 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.

Inspections

Preliminary Inspection

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.

Final Inspection

A final inspection will be carried out by Council's officers:

1.  Once all works, including landscaping, driveway construction, turfing, have been completed to a satisfactory standard; AND
2. Following issue of a Final Occupation Certificate by the Certifying Authority for the development.

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.

Repairs 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 Engineering Standards.

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.

Refund of Damage Bond

It is the responsibility of the applicant to advise Council when construction works are completed and damage bond is due for refund.

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.