Section 68 Local Approval

Manufactured Home – is defined in the Local Government Act 1993 as ‘a self-contained dwelling (that is, a dwelling that includes at least one kitchen, bathroom, bedroom, and living area and that also includes toilet and laundry facilities) being a dwelling:

a) That comprises one or more major sections and

b) That is not a motor vehicle, trailer or other registrable vehicle within the meaning of the Road Transport Act 2013,and includes any associated structures that form part of the dwelling

Moveable Dwelling – is defined in the Local Government Act 1993 as:

a) Any tent, caravan or other can or portable device (whether on wheel or not), used for human habitation, or

b) A manufactured home, or

c) Any conveyance, structure or thing of a class or description prescribed by the regulations for the purposes of this definition

Associated Structure – is defined in the Local Government Act 1993 as:

a) A carport, garage, shed, pergola, verandah or other structure designed to enhance the amenity of a moveable dwelling and attached to or integrated with, or located on the same site as, the dwelling concerned, or

b) A separate wall between two moveable dwellings

Need to lodge a Development Application (DA)

All proposals to install a manufactured home on land require the lodgement of a DA and an application for Section 68 approval Local Approval. The applicant needs to submit an application for development together with plans and specifications indicating the following:

• Design certified by a practicing structural engineer indicating the building is structurally sound

• Be installed in accordance with the specifications in the engineer’s certificate or such other specifications as are in the approval for the installation on the land

• Have compliance plates attached

These requirements are intended to ensure that the home meets relevant health, safety and amenity standards.

In determining a DA to install a manufactured home, Council is required to consider such of the matters referred to in Section 4.15 of the EP&A Act as are relevant to the subject development.

Need for a Construction Certificate

A Construction Certificate is not required for installation of this type of home. This is because a Construction Certificate is only required for building work or subdivision work, and installation of a manufactured home is not erection or a building for the purposes of EP&A Act 1979. The Section 68 Application and approval under the LG Act 1993 effectively replaces a Construction Certificate.

Instead of requiring a Construction Certificate, certification by structural engineer/s and compliance plates are relied upon.

Manufactured homes require a final completion certificate to be issued by Council prior to occupation to ensure the health and amenity of the occupants.

BASIX

A BASIX Certificate is not required for manufactured homes as they are not within the definition of a BASIX affected building under the EP&A Regulation 2000. Currently, BASIX only applies to buildings as defined in the EP&A Act.  

Other requirements

Some or all of the following will also be necessary, depending on the nature and location of your development:

• A separate S68 application to install an On-site Sewage Management System (OSSMS) is required in a non sewered area.  This is to enable all the plumbing and drainage associated with the building to be installed, inspected and approved. The Application form is available from Council. 

• Access to the site – any existing or new access from a public road to the property boundary, must comply with Council’s driveway access crossing requirements or RMS requirements where fronting a classified road. 

• Evidence of compliance with the Home Building Act 1989. If you are using a licensed builder for the work that exceeds $20,000 in value you must obtain Home Building Compensation Fund OR if you opt for an Owner-Builder Permit and the work exceeds $10,000 in value, you must apply for an owner builder permit at NSW Office of Fair Trading, this requirement also applies to all associated structures.  

Other Specialist Reports

For certain a development, Council requires other specialist reports for issues such as geotechnical, flood and site contamination. 

Any property that is outside the reticulated sewer system requires a On-Site Sewerage Managment System commonly known as a OSSMS. 

There are a number of types of systems that can be approved:

• Septic tanks and absorption trenches - requires Geotechnical Report 
• AWTS - Aerated Wastewater Treatment System - this system requires 3 monthly serving and the reports sent to Council. It also requires land for the treated water to be pumped to. 
• Composting Toilets - these are accepted within the Shire if they have a current NSW Health Certification for domestic toilets. If they do not have current certification then they will not be accepted. 

Owners will be required to engage a License Plumber to undertake the works and generate the drainage plans. 

All drainage Plans must be lodged with the Application. 

• To ensure that land is suitable for on-site sewage management, and that on-site sewage management system are designed to operate sustainably, without resulting in environmental harm or risk to public health.
• Where an on-site sewage management system is proposed, an assessment report must be provided to determine land capacity for sewage effluent. The assessment must be carried out by an appropriate qualified consultant. 
• On-site sewage management systems must not be located on sites where connection to reticulated sewer is available.
• Effluent disposal system is to comply with the requirements of A/S1547 and, the Environment and Health Protection Guidelines and, On Site Sewer Management for Single Households.
• Land that is described as Light Clay that is not strongly structured, Council’s preferred sewage system is the installation of an Aerated Water Treatment System (AWTS)
• Surface irrigation areas must be made up of irrigation zones that have a minimum area of 250m2, delineated and sign posted appropriately. 
• Pump-out septic systems are only acceptable where on-site disposal of effluent is not feasible, and where access is available for a pump-out service to be rendered safely from a public road at the property boundary.
• On-site Sewer Management Systems (OSSMS) are to be designed and constructed to withstand known or likely flooding conditions which includes structural adequacy, avoidance of inundation and flushing or leaking of effluent into flowing flooded waters. 
• With the installation of a OSSMS it is recommended that a grease trap is to be installed on the kitchen sink line to ensure efficiency of septic system and extend the life of the system. 

All buildings that are being connected to the Town Water Supply must lodge a Section 68 for the connection of water. This approval is a separate approval from the connection of water to the lot which is undertaken by Warrumbungle Water. 

All buildings that are being connected to the Town Sewer Supply must lodge a Section 68 for the connection of sewer. This approval is a separate approval from the connection of sewer to the lot which is undertaken by Warrumbungle Water.

All buildings that are within a town or village must lodge a Section 68 for the connection of stormwater to Councils kerb and gutter or drain.

Not all locations have kerb and gutter however all stormwater must be directed to the street in residential areas to prevent stormwater flowing onto neighboring properties causing issues. 

A Section 68 Approval for the Installation of a Solid Fuel Heating Applicance must be applied for to ensure that the fire that is being installed in the home is compliant to the Australian Standards and that the relevant safety controls have been put in place. 

An application for a Domestic Oil or Solid Fuel Heating Appliance shall be accompanied by the following information:

• Manufacturers details of the proposed heating appliance showing installation methods and compliance with AS/NZS 2918:2018 – (Domestic solid fuel burning appliances – Installation).
• A floor plan and elevation of the building showing the position of the heating appliance and penetration of the chimney / flue.
• A site plan, to scale, showing the location of the chimney / flue and any buildings, facilities and any environmentally sensitive areas on adjacent land to the site.
• Details of the topography on adjacent land to the site related to the chimney / flue of the heating appliance and an assessment of the site in light of those details.
• Details of any other factors relevant to the capacity of the facility.

A Section 68 Approval is needed to operate the newly installed On-Site Sewerage Management System. This approval ensures that the system has been installed to manufactures requirements and all inspections and drainage diagram have been received by Council.

A Section 68 Approval is required to operate a Caravan Park or Camping Ground including Primitive Camping Grounds.
The approval ensures that all conditions of consent are being met and that the health and safety of the occupants is maintained.
These approvals can be from 1 year to 3 years depending on the location, number of sites and Conditions of Consent.