Appendix S Recommended Conditions of Consent

Woollahra Municipal Council Agenda and Business Paper Strategic and Corporate Committee 7 September 2004

F:\Projects\21\12391\WP\104357.doc

Appendix S

Recommended Conditions of Consent

Woollahra Municipal Council

F:\Projects\21\12391\Conditions\Final Conditions.doc

Development Consent

No.955 of 2003 Part 1

Conditions

Table of Contents

Page i of iv

A. General Conditions..................1 A.1. Conditions ........................................... 1 A.2. Definitions........................................... 1 A.3. Notes to these conditions..................... 2 A.4. Approved Plans and supporting

documents ........................................... 2 A.5. General Terms of Approval – DIPNR. 5 A.6. Signage................................................ 5 A.7. Internal fitout of retail and commercial

buildings.............................................. 5 A.8. Prescribed Conditions ......................... 5 B. Conditions which must be

satisfied prior to the demolition of any building or structure....6

B.1. Demolition work associated with an altered portion of, or an extension to, an existing building.................................. 6

B.2. Photographic Recording of the Golden Sheaf Hotel.......................................... 6

B.3. Photographic recording of buildings with little or no heritage significance that are to be demolished:.................... 6

C. Conditions which must be satisfied prior to the issue of any Construction Certificate ..8

C.1. Surrender of consent (s80A(1)(b) & s80A(5) of the Act) ............................. 8

C.2. Modification of details of the development (s80A(1)(g) of the Act) .. 8

C.3. Water and waste water - Section 73 Developers Certificate......................... 8

C.4. Road and Public Domain Works ......... 8 C.5. Payment of Security (s80A(6) of the

Act)...................................................... 9 C.6. Payment of Security – Tree

Preservation....................................... 11 C.7. Indexation of Security ....................... 12 C.8. Payment of Contributions (s94 of the

Act & cl.101 of the Regulation) ........ 13 C.9. Building & Construction Industry Long

Service Payment................................ 14 C.10. State Environmental Planning Policy 65

– Design Verification Statement ....... 14 C.11. Certification of Gross Floor Area...... 15 C.12. Waste Storage.................................... 15 C.13. Tree Management Plan...................... 15 C.14. Modification to proposed public domain

planting - Replacement trees which must be planted ................................. 16

C.15. Telecommunications ......................... 17 C.16. Electricity .......................................... 17 C.17. Utility Services Generally ................. 17 C.18. Stormwater Management Plan .......... 18 C.19. Provision for Flood protection system20 C.20. Certification of the geotechnical and

hydrogeological design ..................... 21 C.21. Control of Ground Movements ......... 21

C.22. Provision of Confirmatory Risk Analysis for Geotechnical Factors .....22

C.23. Limits for the Variation of the Ground Water Level (GWL)...........................22

C.24. Design Life of the Perimeter Wall and Megaflo® Drains ...............................22

C.25. Long Term Protection against breach of the Perimeter Wall .............................22

C.26. Additional Items to be covered by the Work Method Statement....................22

C.27. Quantity of Long-Term Seepage Water 23

C.28. Potential Acid Sulphate Soils ............23 C.29. Food Premises – Construction

Certificate Plans & Specifications .....24 C.30. Anti-Graffiti Coating .........................24 C.31. Soil and Water Management Plan –

Submission & Approval.....................24 C.32. Bicycle, Car and Commercial Parking

Details................................................25 C.33. Design sound levels for building

interiors..............................................25 C.34. Design of loading dock (Building C).25 C.35. Engineering Detail .............................26 C.36. Footings in the vicinity of trees for

building A ..........................................26 C.37. Swimming and Spa Pools – Child

Resistant Barriers...............................26 C.38. Swimming and Spa Pools – Backwash

26 D. Conditions which must be

satisfied prior to the commencement of any development work .................27

D.1. Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989....27

D.2. Communication with the public - Community Liaison Group (“CLG”) .27

D.3. Construction workforce parking management strategy .........................27

D.4. Checking Construction Certificate plans & protecting pipes owned by Sydney Water Corporation .............................28

D.5. Dilapidation Reports for existing buildings ............................................28

D.6. Dilapidation Reports for public infrastructure......................................28

D.7. Work (Construction) Zones ...............29 D.8. Tree Preservation – Implementation of

General Protection Requirements ......29 D.9. Security Fencing, Hoarding and

Overhead Protection ..........................29 D.10. Site Signs ...........................................31 D.11. Toilet Facilities ..................................31 D.12. Erosion and Sediment Controls –

Installation .........................................32 D.13. Building - Construction Certificate,

Appointment of Principal Certifying

Table of Contents

Page ii of iv

Authority, Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act)33

D.14. Subdivision of Land - Construction Certificate, Appointment of Principal Certifying Authority, and Notice of Commencement (s81A(3)&(4) of the Act).................................................... 34

D.15. Establishment of boundary location, building location and datum.............. 34

D.16. Adjoining buildings founded on loose and very loose sands (C6.2) .............. 35

D.17. Piezometers for the monitoring of Ground Water Levels ........................ 35

D.18. Surface seepage – Contingency plan. 35 E. Conditions which must be

satisfied during any development work .................36

E.1. Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 ... 36

E.2. Compliance with Australian Standard for Demolition................................... 36

E.3. Protection of Heritage Item – Golden Sheaf Hotel........................................ 36

E.4. Demolition and disposal of hazardous materials ............................................ 36

E.5. Compliance with Construction Methodology Statement .................... 37

E.6. Piezometers for the monitoring of Ground Water Levels ........................ 37

E.7. Compliance with Construction workforce parking management strategy .............................................. 37

E.8. Communication with the public - Community Liaison Group (“CLG”). 37

E.9. Requirement to notify about new contamination evidence..................... 38

E.10. Critical Stage Inspections.................. 38 E.11. Council inspection of public domain

works................................................. 38 E.12. Infrastructure Works not on Public

Roads................................................. 38 E.13. Repair of Damaged Infrastructure ..... 39 E.14. Hours of Work –Amenity of the

neighbourhood................................... 39 E.15. Protection of services ........................ 40 E.16. Maintenance of Vehicular and

Pedestrian Safety and Access ............ 40 E.17. Landscaping Implementation ............ 41 E.18. Compliance with Tree Management

Plan.................................................... 41 E.19. Compliance with Acid Sulphate Soils

Management Plan.............................. 44 E.20. Compliance with geotechnical and

hydro-geological reports ................... 44 E.21. Equipment to be used to construct

perimeter wall.................................... 44 E.22. Vibration Monitoring ........................ 44

E.23. Supply of Instrument to Ensure Ongoing Monitoring and Maintenance of the Groundwater Control System ..45

E.24. Compliance with the Implementation Plan and geotechnical and hydrogeological monitoring program 45

E.25. Erosion and Sediment Controls – Maintenance.......................................46

E.26. Filling of land ....................................47 E.27. Disposal of Liquid Waste ..................47 E.28. Disposal of Non-Liquid Wastes.........47 E.29. Site Cranes.........................................47 E.30. Support of adjoining land and buildings

48 E.31. Check Surveys - boundary location,

building location and building height relative to Australian Height Datum..49

E.32. Prohibition of burning........................49 E.33. Dust Mitigation..................................49 E.34. Temporary stormwater disposal.........50 E.35. Food Premises – Construction & Fitout

50 E.36. Road and Public Domain Works........50 E.37. Public Domain Stormwater Drainage

Works.................................................52 E.38. Relocation or reconstruction of

Council’s drainage system.................52 E.39. Swimming and Spa Pools – Temporary

Child Resistant Barriers and other matters ...............................................53

E.40. Sewer pipe connection .......................53 E.41. Surface seepage – Contingency plan .53 F. Conditions which must be

satisfied prior to any occupation or use of the building (Part 4A of the Act and Part 8 Division 3 of the Regulation) .............................54

F.1. Occupation Certificate (section 109M of the Act) ..........................................54

F.2. Surrender of consent (s80A(1)(b) & s80A(5) of the Act) ............................54

F.3. Transport Management Information ..54 F.4. State Environmental Planning Policy 65

– Design Verification Statement........54 F.5. Provision of Category 1 Fire Safety

Provisions (clause 93 of the Regulation)...........................................................55

F.6. Fire Safety Certificates ......................55 F.7. Flood Protection Systems Operation

and Maintenance Plan........................55 F.8. Emergency Response and Evacuation

Plan ....................................................56 F.9. Compliance Certificate from Energy

Australia.............................................57 F.10. Commissioning and Certification of

Systems and Works............................57

Table of Contents

Page iii of iv

F.11. Inspection & Certification of Infrastructure Works not within public roads .................................................. 57

F.12. Certification of geotechnical and hydrogeological monitoring program and construction work ....................... 57

F.13. Certification of the installed groundwater drainage system............ 58

F.14. Testing and Commissioning of Flood Protection Systems ............................ 58

F.15. Mechanical ventilation/services ........ 58 F.16. Design sound levels for building

interiors ............................................. 59 F.17. Inspection, Certification and

Registration of Regulated Systems.... 59 F.18. Inspection and Registration of Food

Premises ............................................ 59 F.19. Street Numbering .............................. 60 F.20. Letter Box(es).................................... 60 F.21. Swimming and Spa Pools – Permanent

Child Resistant Barriers and other matters. .............................................. 60

F.22. New drainage easements ................... 61 F.23. Joint Management Agreement for

Public Carpark Basement Level 1 ..... 61 F.24. Traffic Management – Local Traffic

requirements...................................... 61 F.25. Traffic Management – Operation of

New South Head Road intersections . 61 F.26. Stratum Management Agreement/Plan

62 G. Conditions which must be

satisfied prior to the issue of any Subdivision Certificate...63

G.1. No relevant conditions ...................... 63 H. Conditions which must be

satisfied prior to the issue of a Final Occupation Certificate (s109C(1)(c)) ...........................64

H.1. Post Development Dilapidation Reports for existing buildings......................... 64

H.2. Landscaping ...................................... 64 H.3. Removal of Ancillary Works and

Structures .......................................... 64 H.4. Road and Drainage Works (including

footpaths) .......................................... 64 H.5. Removal of noxious weeds ............... 65 H.6. Active landscape management contract

65 H.7. Positive Covenant – Private Works on

Council Property ............................... 65 H.8. Positive Covenant – Flood and

Stormwater Drainage Systems .......... 65 H.9. Positive Covenant & Works-As-

Executed certification of flood tank (Basement level 3)............................. 66

H.10. Commemorative Tablet..................... 66

H.11. Conservation Management Plan –Golden Sheaf Hotel............................66

I. Conditions which must be satisfied in relation to the ongoing use of the development.................................................68

I.1. Hours of use/operation.......................68 I.2. Use of Function Rooms - Golden Sheaf

Hotel ..................................................68 I.3. Noise from liquor licensed premises

(Liquor Act 1982) ..............................69 I.4. Security and Egress from Golden Sheaf

Hotel ..................................................70 I.5. Place of Public Entertainment Approval

...........................................................70 I.6. Stratum Management Plan.................70 I.7. Management of public toilets in

Building A .........................................70 I.8. Provision of off-street Public Parking –

Basement Level 1 ..............................70 I.9. Provision of off-street Public and

Visitor Parking – Basement Level 1 ..71 I.10. Provision of off-street Private

Residential Parking............................71 I.11. Provision of off street commercial

vehicle facilities – Basement Level 2 71 I.12. Provision of off street commercial

vehicle facilities – Kiaora Road Loading Dock (Building C) ...............72

I.13. Offensive Noise .................................72 I.14. Clothes drying etcetera ......................72 I.15. Lighting .............................................73 I.16. Waste Management ...........................73 I.17. Food Premises - Maintenance of Food

Premises.............................................73 I.18. Annual Fire Safety Statements...........73 I.19. Emergency response and evacuation

plan – compliance & review ..............73 I.20. Operation and Maintenance of

Regulated Systems.............................74 I.21. On-going maintenance of flood

protection system...............................74 I.22. On-going maintenance of the

compensatory storage tank.................74 I.23. Swimming and Spa Pools –

Maintenance.......................................75 I.24. Removal of Graffiti............................76 I.25. Storage and handling of flammable and

combustible liquids............................76 J. Advisings ................................77 J.1. Dial before you dig ............................77 J.2. Commonwealth Disability

Discrimination Act 1992 (“DDA”)....77 J.3. Road Closures & Parking ..................77 J.4. Builders Licences...............................78 J.5. Building Standards - Guide to

Standards and Tolerances ..................78 J.6. Workcover requirements....................78

Table of Contents

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J.7. Asbestos Removal, Repair or Disturbance ....................................... 78

J.8. Lead Paint.......................................... 79 J.9. Free Parking Area Agreement........... 79 J.10. Decommissioning of fire protection

systems .............................................. 80 J.11. Decommissioning of refrigeration or air

conditioning equipment..................... 80 J.12. Appeal ............................................... 80 J.13. Release of Security............................ 80 K. Schedule 1 – Approved Plans81

L. Schedule 2 – Modification of details of the development required by conditions C.2....87

L.1. Urban Design .................................... 87 L.2. Crime Prevention .............................. 87 L.3. Compliance with controls.................. 88 L.4. Energy efficiency and water

conservation ...................................... 88 L.5. Environmentally sustainable building

materials ............................................ 88

Development Consent Conditions

Page 1 of 88

A. General Conditions

A.1. Conditions Consent is granted subject to the following conditions imposed for a planning purpose under section 80 of the Environmental Planning & Assessment Act 1979 (“the Act”) and the provisions of the Environmental Planning and Assessment Regulation 2000 (“the Regulation”) such conditions being reasonable and relevant to the development pursuant to section 79C of the Act.

A.2. Definitions Unless specified otherwise words have the same meaning as defined by the Act, the Regulation and the Interpretation Act 1987 as in force at the date of consent.

Approved Plans means the plans referred to in condition A.4 as amended by conditions of this consent.

AS or AS/NZS means Australian Standards® or Australian/New Zealand Standard®, respectively, published by the Standards Australia International Limited in force at the date of this consent.

BCA means the Building Code of Australia as published by the Australian Building Codes Board as in force at the date of issue of any Construction Certificate.

Council means Woollahra Municipal Council

Court means the Land and Environment Court

Flood protection system means all facilities and documentation relating to:

(a) the header tank system (“HTS”);

(b) the self closing water dams (“SCW”);

(c) the compensatory storage tank;

(d) the emergency response and evacuation plan (“EREP”); and

(e) associated works.

Owner means the owner and successors in title to the site.

PCA means Principal Certifying Authority under the Act.

Principal Contractor has the same meaning as in the Act or where a principal contractor has not been appointed by the owner of the land being developed means the owner of the land being developed for the purpose of these conditions.

Professional Engineer has the same meaning as in the BCA.

Public Place has the same meaning as in the Local Government Act 1993.

Road has the same mean as in the Roads Act 1993.

SEE means Statement of Environmental Effects referred to in condition A.4

Site means the land being developed subject to this consent.

WLEP 1995 means Woollahra Local Environmental Plan 1995


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Note: Interpretation of Conditions - Where there is any need to obtain an interpretation of the intent of any condition this must be done in writing to Council and confirmed in writing by Council.

A.3. Notes to these conditions Notes to these conditions are meant to assist interpretation and are advisory.

A.4. Approved Plans and supporting documents Those with the benefit of this consent must carry out all work and maintain the use and works in accordance with the plans, statement of environmental effects and supporting documents listed below, as submitted by the Applicant, and to which is affixed a Council stamp “Approved DA Plans” unless modified by any following condition.

Reference Description Author/Drawn Date(s) 955/2003/1 Development Application Trevor McNally,

McNally Management

5/11/2003

95067 Comprehensive Development Application Statement of Environmental Effects, Kiaora Place, Double Bay Town Centre, Volumes 1 to 6

JBA Urban Planning Consultants Pty Ltd

November 2003 as amended up to and including August 2004

See: Schedule 1 in Part K of these conditions

Architectural Plans Alexander Tzannes Associates Pty Ltd



Various Plans Robert Bird and Partners Pty Ltd



Landscaping and Public Domain Plans

Clouston Associates See: Schedule 1 in Part K of these conditions


Various Services and Stormwater Drainage Plans

Warren Smith and Partners



Various Plans Simpson Kotzmann See: Schedule 1 in Part K of these conditions

ADA 99036 (A-G)501

Sample Boards Alexander Tzannes Associates Pty Ltd

24.10.03

Appendix C of SEE

Photomontages and Watercolours Haycraft Duloy Pty Ltd

November 2003


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Reference Description Author/Drawn Date(s) Appendix D of the SEE NS646 R-02 Issue C

Landscape and Public Domain Statement and Development Application Landscape Drawings Volumes 1, 2 and 3

Clouston Associates Pty Ltd

September 2003

Appendix E of the SEE NS646 R-01 Issue E

Tree Management Plan Clouston Associates October 2003

Appendix F of the SEE Project 03199

Civil and Structural Engineering Assessment

Robert Bird and Partners Pty Ltd

7 October 2003

Appendix G of the SEE

Waste Management Plan

JD McDonald Waste Management Consultants

September 2003

Appendix H of the SEE Project 03428 Revision 4

Construction Methodology Statement

Robert Bird and Partners Pty Ltd

24 October 2003

Appendix I of the SEE E12616/1-BY

Hydrogeological Report (see Supplementary Reports referenced by specific Conditions)

Coffey Pty Ltd 16 October 2003

Appendix J of the SEE Project 2344 Issue A

Hydraulic and Fire Services Report

Warren Smith & Partners Pty Limited

30 October 2003

Appendix K of the SEE 9467 Revision 03

Mechanical and Electrical Building Services Report

Simpson Kotzman Pty Ltd

30 September 2003

RBP, 02/2004a

Report on Header Tanks for Self Closing Waterdams at Kiaora Place, Double Bay

Robert Bird & Partners

26/02/2004

RBP, 02/2004b, ,

Report on Sequence of Operation of the Flood Protection System at Kiaora Place, Double Bay,


26/02/2004

PBP, 02/2004b, ,

Kiaora Road – Modified Version of Flood Emergency Response Plan,

Patterson Britton & Partners

27/02/2004

Appendix L of the SEE Project 03199

Principles and Operation of Self-Closing Waterdams


30 October 2003

Appendix Mof the SEE 030722.DSUBD-A.002.DL

Subdivision Report Denny Linker and Co – Registered Surveyors

3 November 2003 amended 24 May 2004

Appendix N of the SEE

Economic Impacts Report

Dimasi Strategic Research

March 2003

Appendix O of the SEE

Heritage Impact Statement Graham Brooks and Associates, Architects and Heritage Consultants

October 2003; amended 6 January 2004


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Reference Description Author/Drawn Date(s) Appendix P of the SEE

Shadow Diagrams JM Computer Modelling

October 2003

Appendix Q of the SEE 991073r06

Traffic and Parking Report Masson Wilson Twiney

3 November 2003

Appendix Q of the SEE 991073r07

Construction Traffic Arrangements Masson Wilson Twiney

31 October 2003

Appendix R of the SEE Project No. 505 Issue 1.01

Access Report WHP Architects Pty Ltd

24 October 2003

Appendix S of the SEE Ref W672-01F01(rev4)

Wind Environment Study Windtech Consultants Pty Ltd

14 July 2003

Appendix T of the SEE rp4579mjs031001-kiaora rep5(final)

Flood Study Patterson Britton & Partners

October 2003

Letter to Council

Flood Management Summary (Description of flood levels and water dams)

Lawson and Treloar Pty Ltd

28 July 2004

Appendix U of the SEE Project 36280

Contamination Assessment Douglas Partners Pty Ltd

October 2003

Appendix V of the SEE Project 36280-2

Acid Sulphate Soils Management Plan

Douglas Partners Pty Ltd

October 2003

Appendix W of the SEE

ESD Review Hyder Consulting 17 October 2003

Appendix W of the SEE 242381-TRP-002241-01

NatHERS Assessment Vipac Engineers & Scientists

30 September 2003

Appendix X of the SEE 2003610/0509A/R2/BW

Environmental Noise Impact Assessment

Acoustic Logic 23 October 2003

Appendix Y of the SEE Project 30422

Geotechnical Investigation Report (see Supplementary Reports referenced by specific Conditions)

Douglas Partners Pty Ltd

October 2003

Appendix Z of the SEE 01406-5/ah

BCA Assessment BCA Logic Pty Ltd 28 October 2003

Appendix AA of the SEE SM0084:29650

Hazardous Materials Survey Report

Noel Arnold & Associates

September 2003


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Reference Description Author/Drawn Date(s) Appendix BB of the SEE 03199

Overland Flow & Backwater Flood Levels


30 October 2003

In the event of any inconsistency between any of the above documents the most recent document prevails. Note: Any modification to the development required by this consent is imposed under section 80A(1)(g) of the Act.

A.5. General Terms of Approval – DIPNR All conditions contained in the letter, dated 1 March 2004, from the Department of Infrastructure, Planning and Natural Resources (copy enclosed) relating to temporary groundwater dewatering as part of construction must be complied with.

A.6. Signage This approval does not give consent to the erection of advertising signs. A separate Development Consent or Complying Development Certificate, as appropriate, will need to be obtained prior to the erection of any advertising sign.

A.7. Internal fitout of retail and commercial buildings This approval does not give consent to the fit out of retail and commercial buildings, except for the supermarket and Golden Sheaf Hotel. A separate Development Consent or Complying Development Certificate (as appropriate) will need to be obtained prior to the fit out of any such retail tenancies. Cross Reference: C.29, E.35, F.18, I.17.

A.8. Prescribed Conditions Prescribed conditions in force under the Act and Regulation must be complied with. Note: It is the responsibility of those acting with the benefit of this consent to comply with all prescribed conditions under the Act and the Regulation. Free access can be obtained to all NSW legislation at www.legislation.nsw.gov.au .


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B. Conditions which must be satisfied prior to the demolition of any building or structure

B.1. Demolition work associated with an altered portion of, or an extension to, an existing building. Where demolition is associated with an altered portion of, or an extension to an existing building the demolition of any part of a building is "commencement of erection of building" pursuant to section 81A(2) of the Act. In such circumstance all conditions in Part C and Part D of this consent must be satisfied prior to any demolition work. Note: No demolition work must begin until a Construction Certificate and other requirements have been satisfied under the Act.

Note: See Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

B.2. Photographic Recording of the Golden Sheaf Hotel Photographic records must be taken of those parts of the Golden Sheaf, to be demolished or altered. The records must be taken in accordance with the “Guideline for Photographic Recording of Heritage Items”, ISBN 0 7310 3017 6, published by the NSW Heritage Office.

These photographic records must be submitted to Council prior to the demolition or removal of any part of the building or removal of landscape elements. Note: The NSW Heritage Office Guidelines can be down loaded free of charge from http://www.heritage.nsw.gov.au/docs/info_photographicrecording.pdf

B.3. Photographic recording of buildings with little or no heritage significance that are to be demolished: A photographic archival record of the existing buildings and landscape elements is to be submitted, to Council. The record must be to the satisfaction of Council’s Heritage Officer, prior to the commencement of demolition work and prior to the issue of any construction certificate.

The photographic archival recording is to be bound in an A4 format and is to include the following:

Site plan at a scale of 1:200 (or 1:500 if appropriate) of all structures and major landscape elements including their relationship to the street and adjoining properties.

Postcard sized photographs of the following are required:

(a) each elevation,

(b) each structure and landscape feature;

(c) internal or external details if nominated in Council’s heritage officer’s assessment report;

(d) views to the subject property from each street and laneway or public space; and


Page 7 of 88

(e) the street facades of the seven houses on Kiaora Road without vegetation and front fences.

Each photograph is to be mounted, labelled and cross-referenced in accordance with recognised archival recording practice.

One original coloured photographic set and a coloured photocopy are to be submitted to the satisfaction of Council’s Heritage Officer prior to the commencement of demolition work and prior to the issue of a construction certificate. The original will be retained by Council and the coloured photocopy will be provided to the Woollahra Local History Library.


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C. Conditions which must be satisfied prior to the issue of any Construction Certificate

C.1. Surrender of consent (s80A(1)(b) & s80A(5) of the Act) The owner of the Golden Sheaf Hotel must surrender the following development consent in accordance with clause 97 of the Regulation:

(a) No. 119 of 1997 dated 19 December 1997 (as granted by the Court) for Alterations and Additions to existing Golden Sheaf Hotel, Demolition of Outbuildings, and Erection of a Multi-level Hotel Development and Associated Car Parking, at 423-431 New South Head Road, Double Bay.

No Construction Certificate must be issued until Council has acknowledged in writing that this condition has been satisfied. Note: This condition does not affect the lawful works that have been executed under Development Consent No. 119 of 1997 dated 19 December 1997 (as granted by the Court) for Alterations and Additions to existing Golden Sheaf Hotel.

C.2. Modification of details of the development (s80A(1)(g) of the Act) The Construction Certificate plans and specifications required by clause 139 of the Regulation must be amended and submitted with any application for a Construction Certificate as follows:

(a) to address the requirements of the Design Review Panel, the NSW Police Service and other general amendments listed in Schedule 2, Part L of these conditions, and

(b) to comply with other specific conditions of this consent. Cross Reference: Schedule 2, Part L of these conditions.

C.3. Water and waste water - Section 73 Developers Certificate A developer compliance certificate under Part 6, Division 9 of the Sydney Water Act 1994 must have been issued by the Sydney Water Corporation prior to the issue of any Construction Certificate. The effect of this certificate is that adequate provision has been made or is available for the provision of potable water to and the removal of waste water from the development.

Following application, a “Notice of Requirements” will detail water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. Note: Further information can be obtained from the Sydney Water Corporation on or telephone 13 20 92 or by visiting their web site:

http://www.sydneywater.com.au/html/yourHome/edeveloper/urban_dev_qa.cfm.

C.4. Road and Public Domain Works This Development Consent does NOT give approval to works on Council property. Detailed plans and specifications of all works within existing roads,


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must be submitted to and approved by Council under the Roads Act 1993, before the issue of any Construction Certificate. Cross Reference: Conditions C.4 C.5, C.6, C.7, E.13, E.36, E.37, E.38, H.4. Advising J.13

C.5. Payment of Security (s80A(6) of the Act) The person with the benefit of this consent must provide security for the payment of the cost of any one or more of the following:

Security Amount $

Release at stage *

Making good any damage caused to any property of the consent authority as a consequence of the doing of anything to which the consent relates.

$700,000 Completion

Completing any public work (such as road work, kerbing and guttering, footway construction, stormwater drainage and environmental controls) required in connection with the consent:

Kiaora Lane (1) substructure and road pavement, and temporary wearing surface

$2,000,000 Stage 1c Works completed and returned

to public road use

Kiaora Lane (2) completion of paving and street furniture

$1,225,271 Stage 4 Final surface treatments and

furniture installed

Patterson Street $605,667 Stage 3b Works completed and returned

to public road use

Patterson Street extension (Patterson Lane) $449,489 Stage 3b Works completed and

transferred to public road use

New Public Plaza $691,943 Stage 4 Final surface treatments and furniture

installed

Arcade & Wintergarden $1,262,232 Stage 4 Final surface treatments installed

Kiaora Road $88,835 Stage 4 Works completed and returned

to public road use

New South Head Road $110,262 Stage 4 Works completed and returned

to public road use

Subtotal $6,433,699


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Security Amount $

Release at stage *

Drainage Infrastructure security (To ensure that the proposed new Council drainage assets required as part of this development, are carried out to Council’s requirements and satisfaction)

Kiaora Lane $135,000 Stage 1c Works completed and returned

to public road use

Patterson Street $217,000 Stage 3b Works completed and returned

to public road use

Patterson Street extension $31,500 Stage 3b Works completed and

transferred to public road use

Public Plaza $16,500 Stage 4 Works completed and

transferred to public use

Subtotal $400,000

TOTAL SECURITY $7,533,699

Release at Stage 1c ** $2,135,000

Release at Stage 3b ** $1,303,656

Release at Stage 4 ** $3,395,043

Release at completion ** $700,000 Notes: * The stages are those referred to in the Development Application. Release can be

applied for when the works reach the stage described in the table.

** Subject to retention (see below)

In addition a non-refundable administration fee of $154 must be paid. This amount is indexed annually in accordance with Council’s adopted fees and charges.

The security may be in the form of a bank guarantee and must be lodged prior to the issue of a Construction Certificate.

The applicant will pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the security as indexed and any accrued charges are paid.

After Council’s final inspection of these works 10% of the security will be retained for a further six (6) month period and used by Council to repair any defective works as they may arise.

An application for release of the security may be made in respect of each of the works listed in the Table in stages as the works are completed. The conditions above will apply to each application for release of security. Where


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a bank guarantee has been lodged for the security and a staged release is approved, Council will require lodgement of a new bank guarantee for the remaining amount of security in order to release the currently held guarantee. Note: The person with the benefit of this consent’s must provided the security by way of a cash deposit with the consent authority, or a bank guarantee satisfactory to Council. Council will not accept any bank guarantee that has limiting terms or an expiration date.

Cross Reference: Conditions C.4 C.5, C.6, C.7, E.13, E.36, E.37, E.38, H.4. Advising J.13

C.6. Payment of Security – Tree Preservation The person with the benefit of this consent must provide security in relation to the protection of the following trees:

Council Reference No:

Species Location Dimension (Metres)

Tree Preservation Bond required ($)

1 1x Quercus robur English Oak

Northern boundary 13 x 14 5,000

2, 7, 8, 12, 13, 14 and 15

7x Platanus x hybrida London Plane

Street trees, within Patterson and Anderson Street

24 x 24 35,000

34a Unidentified within submitted documentation.

1x Howea forsteriana Kentia Palm

Front of property No 6 Kiaora Road

6 x 3 1,000

35 Eucalyptus botryoides Bangalay

Street tree Kiaora Rd adjacent No 8

16 x 10 1,000

46a, 46b, 46c

3x Archontophoenix alexandrae Alexander Palm

Rear No 2 Kiaora Rd 5x3, 6x3, 9x3

3,000


1x Howea forsteriana Kentia Palm 8 x 3

Northern boundary No 4 Anderson street palm facing Patterson street

8 x 3 1,000

57b Unidentified within submitted documentation.

1x clump of 5 xHowea forsteriana Kentia Palms

Northern boundary No 4 Anderson street palms facing Patterson street

5 of 2 x 3 1,000


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Tree Preservation Bond required ($)

61 Jacaranda mimosifolia Jacaranda

Southern boundary adjacent building D

15 x 12 1,000

62 Brachychiton acerifolius Illawarra Flame tree


10 x 4 1,000

63 Archontophoenix cunninghamiana Bangalow Palm


14 x 3 2,000

65, 66 2x Howea forsteriana Kentia Palm

Eastern boundary lots 4-6 Council car park Anderson Street.

9 x 3 2,000

Total bond $53,000.00

In addition a non-refundable administration fee of $154 must be paid. This amount is indexed annually in accordance with Council’s adopted fees and charges.

The security may be in the form of a bank guarantee and must be lodged prior to the issue of a Construction Certificate. The applicant will pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the security as indexed and any accrued charges are paid.

An application for release of the security may be made in respect of each of the works listed in the Table in stages as the works are completed. The conditions above will apply to each application for release of security. Where a bank guarantee has been lodged for the security and a staged release is approved, Council will require lodgement of a new bank guarantee for the remaining amount of security in order to release the currently held guarantee. Note: Council will not accept any bank guarantee that has limiting terms or an expiration date.

Note: This condition has been imposed for a planning, purpose as it relates fairly and reasonably to the proposed development under section 80A(1)(a) of the Act being a relevant consideration under section 79C in meeting the objectives of WLEP 1995 relating to landscape and relevant development controls.

Cross Reference: Conditions C.4 C.5, C.6, C.7, C.13, D.8, E.18, H.2, Advising J.13

C.7. Indexation of Security To ensure that the monetary value of the security is not eroded over time by increases in costs the security will be increased annually on the anniversary of the DA Consent until the works have been completed and the security is cancelled by Council. The method of indexation is as set out in Council's S94 Contribution Plan clause 3.13 "Indexation of Contributions" Cross Reference: Conditions C.4 C.5, C.6, C.7, E.13, E.36, E.37, E.38, H.4. Advising J.13


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C.8. Payment of Contributions (s94 of the Act & cl.101 of the Regulation) Monetary contributions of –

$150,629.00 towards the provision of recreational facilities; and

$2,295.44 towards the costs for administration of Woollahra Section 94 Contributions Plan 2002;

Total contribution = $152,924.44

must be paid to Council under section 94 of the Act.

(a) prior to the issue of a construction certificate, where a construction certificate is required; or

(b) prior to the issue of a subdivision certificate, where only a subdivision certificate is required; or

(c) prior to the issue of an occupation certificate in any other instance.

This condition is imposed under the Woollahra Section 94 Contributions Plan 2002.

Indexation of Section 94 contributions To ensure that the value of monetary contributions is not eroded over time by increases in costs, the contribution rates specified in the Plan will be increased annually on the anniversary of the commencement of the Plan based on the formula specified in Clause 3.13 of the Plan.

If the required contribution is not paid before the next anniversary of the commencement of the Plan following the date of this development consent, the payable contribution will be the increased by an amount calculated by Council in accordance with the indexation formula set out in clause 3.13 of the Plan.

Deferred periodic payment of Section 94 contributions Any request for deferred or periodic payment of the Section 94 contribution required by this consent must be made in writing by the person with the benefit of this consent and must set out the reasons for the request. Council will consider any such request on the basis of the criteria set out in clause 3.8 of the Plan.

Where Council accepts payment by way of instalments, each instalment will be paid before work commences on the corresponding stage of the development and the amount of each instalment will be calculated on a pro-rata basis in proportion to the cost of the development.

Council may, as a condition of accepting deferred or periodic payment, require the person with the benefit of this consent to provide a bank guarantee where:

(a) the guarantee is by an Australian bank for the amount of the total outstanding contribution;

(b) the bank unconditionally agrees to pay the guaranteed sum to Council on written request by Council on completion of the development or no earlier than 12 months from the provision of the guarantee whichever occurs first;


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(c) the bank agrees to pay the guaranteed sum without reference to the person with the benefit of this consent or landowner or other person who provided the guarantee and without regard to any dispute, controversy, issue or other matter relating to this development consent or the carrying out of the development in accordance with this development consent; and

(d) the obligations of the bank are discharged when payment to Council is made in accordance with the guarantee or when Council notifies the bank in writing that the guarantee is no longer required.

Any deferred or outstanding component of the contribution will be indexed in accordance with clause 3.13 of the Plan. If a deferred or periodic payment is not made before the next anniversary of the Plan, the amount payable will be the increased amount calculated by Council in accordance with clause 3.13 of the Plan. The person with the benefit of this consent will pay any charges associated with establishing or operating the bank guarantee. Council will not cancel the bank guarantee until the outstanding contribution as indexed and any accrued charges are paid.

C.9. Building & Construction Industry Long Service Payment The Long Service Levy required under Section 34 of the Building & Construction Industry Long Service Payment Act, 1986, must be paid and proof of payment provided to the Certifying Authority prior to the issue of any Construction Certificate.

The Levy can be paid directly to the Long Services Payments Corporation or to Council. Note: Further information can be obtained from the Long Service Payments Corporation’s website http://www.lspc.nsw.gov.au/ or by telephoning the Long Service Payments Corporation on 13 14 41.

C.10. State Environmental Planning Policy 65 – Design Verification Statement Under clause 143A of the Regulation a certifying authority must not issue a construction certificate for the development unless the certifying authority has received a design verification statement from a qualified designer. The statement from the qualified designer must verify that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development. Note: Although a certifying authority may pursuant to clause 161(2) of the Regulation be satisfied to any matter that relates to the external finish of a building the specific provisions of clause 143A of the Regulation overrides the certifying authority’s powers under clause 161(2).

Note: qualified designer means a person registered as an architect in accordance with the Architects Act 1921.

Note: Council recommends that Mr Alexander Tzannes of Alexander Tzannes Associates Pty Ltd should be appointed as the qualified designer for the purposes of SEPP 65 matters in relation to the subject development given the scale and complexity of the development and that Mr Alexander Tzannes was the principal architect for the purpose of gaining development consent.

Cross Reference: Condition F.2, Part L - Schedule 2


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C.11. Certification of Gross Floor Area The Construction Certificate plans and specifications required by clause 139 of the Regulation must be accompanied by a certificate prepared by a surveyor, registered under the Surveying Act 2002, certifying that the gross floor area detailed has been calculated in accordance with the definition of gross floor area in Amendment No.44 of Woollahra Local Environmental Plan 1995 and does not exceed 38,000m2 .

C.12. Waste Storage The Construction Certificate plans and specifications required by clause 139 of the Regulation must make provisions for waste management in accordance with the waste management plan prepared by JD McDonald Waste Management Consultants referenced by condition A.4.

Inside the Waste Storage Area The interior of the Waste Storage Area must meet the following requirements:

(a) Bins must be stored with lids down to prevent vermin from entering the waste containers.

(b) The area must be constructed with a smooth impervious floor graded to a floor waste and provided with a tap and hose to facilitate regular cleaning of the bins. A waste storage area that is located internal to the building must be fitted with both a hot and cold water supply and hose cocks. Waste water must be discharged to the sewer in accordance with the requirements of Sydney Water.

(c) Walls and ceilings of the waste storage area must be constructed of an impervious material with a smooth finish. The junction between the walls and the floor must be coved with a minimum radius of 25mm to prevent the accumulation of waste matter.

(d) The garbage storage area must be well lit to enable use at night. A timer switch must be fitted to the light fitting to ensure the light is turned off after use.

(e) Odour problems to be minimised by good exhaust ventilation.

(f) Both putrescible and recycling bins/crates must be stored together. Recycling bins must never stand alone. They must always be located beside putrescible waste bins. Putrescible bins must be located closest to the entrance to the waste storage room.

(g) Signage on the correct use of the waste management system and what materials may be recycled must be posted in the communal waste storage cupboard/ room or bin bay.

Cross Reference: Condition C.12, I.16

C.13. Tree Management Plan The Construction Certificate plans and specifications required by clause 139 of the Regulation must, be accompanied by a Tree Management Plan. The Tree Management Plan must detail the location of all trees to be retained pruned, transplanted or removed.


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The design of the proposal must be amended where required through professional advice from a qualified Arborist to ensure the preservation and the expected future growth requirements of these trees. The design of structures may be required to be of structural strength and design exceeding typical design standards to acknowledge the existence of these trees.

The plan showing the location of the trees must detail all general protection requirements required to be implemented before work begins and maintained during the construction period. Trees shown upon the plan must be:

(a) numbered as detailed by condition,

(b) shaded green where required to be protected and retained,

(c) shaded yellow where required to be transplanted,

(d) shaded orange where required to be pruned, and

(e) shaded red where permitted by this consent to be removed.

Where trees are required to be transplanted, a Transplantation Method Statement detailing the following points is to be prepared by a qualified Arborist, Horticulturist or Landscape Architect/Technician and must be submitted to the PCA:

(a) Pre-transplantation schedule of works.

(b) Preparation of transplantation site.

(c) Transplantation method.

(d) Post-transplantation after care, and duration. Cross Reference: Condition C.6 C.13, D.8, E.18, H.2

C.14. Modification to proposed public domain planting - Replacement trees which must be planted The Construction Certificate plans and specifications required by clause 139 of the Regulation must detail the following replacement tree species to be planted to ensure the preservation of the landscape character of the area. Details of compliance with the following criteria specifying the species and planting locations of the replacement plants must be included within the revised Tree Management Plans and Landscape Plans.

Species/Type and planting location Container Size or Size of Tree

7x Flindersia brayleyana Queensland Maple Street tree plantings along Kiaora Road Nth of Patterson Lane through to New South Head Road Intersection. Plantings are to replace proposed 5 Eucalyptus botryoides Bangalay plantings and 2 additional plantings to replace removed Tree No 31 and new planting north of tree 31

100 litres

9 x Caesalpinia ferrea Leopard Tree Street tree plantings along Kiaora Lane. Plantings are to replace proposed plantings of Eucalyptus citriodora Lemon-scented Gum Tree

100 litres

8 x Platanus orientalis“Digitata” within Patterson Street to replace 7 x proposed Platanus orientalis and an additional replacement planting for removed tree No 4.

200 litres


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Species/Type and planting location Container Size or Size of Tree

10 x Sapium sebiferum Chinese Tallow Tree street tree plantings within Patterson street/lane to replace proposed 10x Ginkgo biloba Maiden-hair Tree.

100 litres

Cross Reference: Conditions C.13, C.14. E.17

C.15. Telecommunications The applicant must provide to the Certifying Authority a letter from Telstra setting out requirements relative to the provision of telecommunications services to the development.

The Construction Certificate plans and specifications required by clause 139 of the Regulation must detail the provisions to meet the requirements of Telstra.

All telecommunications services to the development must be placed underground.

C.16. Electricity The applicant must provide to the Certifying Authority a letter from Energy Australia setting out Energy Australia’s requirements for electricity supply to the development.

The Construction Certificate plans and specifications required by clause 139 of the Regulation must detail the provisions to meet the requirements of Energy Australia, including an electricity substation, if required.

All electrical services to the development must be placed underground.

C.17. Utility Services Generally The Construction Certificate plans and specifications required by clause 139 of the Regulation must demonstrate that all utility services (telecommunications, electricity, natural gas, water and wastewater) will be provided underground. All service pipes and conduits must be provided within the fabric of the building (excluding stormwater down pipes). Note: The intent of this condition is that no, pipes, wires, or conduits are to be attached to external walls or roof areas of buildings.

Where telecommunications and electricity are provided from existing poles in the road they must, in accordance with the relevant suppliers requirements, be carried to the site underground. Note: Where adequate provision has not been made for a sub-station within the building, this may necessitate the lodgement of an application to amend this consent under section 96 of the Act to detail the location, landscape/streetscape impacts and compliance with AS2890 as applicable.

The location of service poles and substations required by the relevant suppliers must be shown upon the plans submitted with any Construction Certificate application together with a letter from each relevant supplier setting out their requirements.

Proposed water pipes, waste pipes, stack work, duct work, mechanical ventilation plant and the like must be located within the building unless


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expressly shown upon the approved DA plans (see Condition A.4). Details confirming compliance with this condition must be shown on the construction certificate plans and detailed within the construction certificate specifications. Required external vents or vent pipes on the roof or above the eaves must be shown on the construction certificate plans and detailed within the construction certificate specifications.

C.18. Stormwater Management Plan The Construction Certificate plans and specifications required by clause 139 of the Regulation must include a Stormwater Management Plan for the development site. This Condition is imposed to ensure that site stormwater is disposed of in a controlled and sustainable manner. The Stormwater Management Plan must comply with the drainage plans and documentation as shown on Plan No DA-H-04 in the report by Warren Smith & Partners, Kiaora Place, Double Bay – Comprehensive DA Hydraulic and Fire Services Report, 10/2003 or as otherwise approved by Council’s Manager – Public Infrastructure.

Stormwater discharge from the site must be directed to Council’s in-ground drainage network and drain to Sydney Water's stormwater channel, SWC32, in Kiaora Rd.

On-site stormwater management The Stormwater Management Plan must show the proposed method/s of stormwater disposal from the site and must include the following:

(a) Design: A detailed drainage design supported by a catchment area plan at a scale of 1:100, and drainage calculations prepared in accordance with AS3500 or Engineers Australia’s publication, Australian Rainfall and Run-off, 1987 edition or most current version thereof in force at the date of this consent;

(b) Easements: Plans showing location of proposed easements to drain water, if required.

(c) Layout: A layout plan of the proposed drainage system, must be provided. It must show:

• pipe sizes, type, grade, length and invert levels reduced to Australian Height Datum (AHD),

• dimensions and type of all drainage pipes, compensatory storage tank, control pits, surcharge facilities, and surface flow paths,

• how the system will be connected to Council's stormwater system,

• longitudinal sections of pipelines, showing calculated flow, velocity, size, type and class of pipe grade, invert levels, all service utilities and the hydraulic grade line must be provided,

• the location of the closest Council stormwater pit and line, regardless of the point of discharge,


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• the exact location of any Council drainage easement and/or reserve on the property. (This information can be obtained by a visual inspection of the area and by perusing Council’s drainage plans).

(d) Catchment areas: A plan must be provided showing the separate catchment areas within the site, draining to each collection point or surface pit classified into the following categories:-

• Roof areas

• Paved areas

• Grassed areas

• Garden areas

(All stormwater run off naturally draining to the site must be collected and discharged through the stormwater system of the subject property)

and

(e) Subsoil drainage: details, clean out points, discharge points.

Provision for local area flooding – compensatory storage tank The Stormwater Management Plan must include the following details for the compensatory storage tank:

(a) Dimensions and volume of the compensatory storage tank;

(b) Diameter of the orifice/outlet to the compensatory storage tank. Plans, elevations and sections showing compensatory storage tank level, details of outlets, top water level, finished surface level and adjacent structures;

(c) Details of access and maintenance facilities. Construction and structural details of all tanks and pits and manufacturer’s specifications for proprietary products.

(d) Details of the emergency overland flowpath in the event of a blockage.

(e) The residential floor levels. (These must be located a minimum height of 300 mm above the compensatory storage tank emergency overflow level when operating for events in excess of the 100 YR ARI or in the event of blockage).

(f) An overland flow path, to convey water to the street in the event of a blockage of the compensatory storage tank outlet.

(g) The compensatory storage tank with a minimum access opening size of 600 mm x 600 mm for tank depths less than 1.5m and a 900 mm x 900 mm opening size for deeper tanks. The access point must be fitted with a hinged, lockable galvanised grate and be placed above the outlet. Step irons must be placed at the access point to enable entry for maintenance and inspection.

(h) A proprietary silt/oil arrestor located downstream of the compensatory storage tank discharge.


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(i) The connection of the rising main to Council’s drainage pit. (It is to be located as high as possible above the invert of the pit); and

(j) An Operation and Maintenance Manual for the operation of the compensatory storage tank.

Pumps/Sumps Where the Stormwater Management Plan includes a pump/sump, the stormwater system must provide for:

(a) An overflow path to convey water away from downstream properties, in the event of a blockage or failure of the pump/sump. The overflow path must be identified and clearly shown on the site drainage plan. If the overland flow is directed into downstream properties, the system must be designed to cater for a 1 in 100 years average recurrence interval storm event.

(b) A backup power supply and backup pump of the same capacity as the duty pump.

(c) Pumps fitted with non-return valves.

(d) Hydrologic and hydraulic calculations verifying the sump storage volume and sump details.

(e) Pump performance curves, and pump discharge rates.

(f) An Operation and Maintenance manual for the pumps and sumps.

C.19. Provision for Flood protection system The Header Tank System (HTS) and Self Closing Waterdam (SCW) systems and emergency response and evacuation plan (“EREP”) must be designed in accordance with the procedures as documented in the following reports:

RBP, 02/2004a, Robert Bird & Partners, Report on Header Tanks for Self Closing Waterdams at Kiaora Place, Double Bay, 26/02/2004,

RBP, 02/2004b, Robert Bird & Partners, Report on Sequence of Operation of the Flood Protection System at Kiaora Place, Double Bay, 26/02/2004 and

PBP, 02/2004b, Patterson Britton & Partners, Kiaora Road – Modified Version of Flood Emergency Response Plan, 27/02/2004, received via email from Neil Lawson, Lawson Treloar,

Flood Management Summary by Lawson and Treloar Pty Ltd, 28 July 2004,

or as superseded by the requirements below:

(a) The primary water supply to the SCWs must be the header tanks. The grated inlets are to be the secondary (or backup) elements.

(b) The entire system (monitoring facilities, instrumentation, individual SCWs, header tanks, pipework, and grated inlets) must form part of the Essential Fire Safety Measures (even though its not a fire safety measure) to ensure appropriate maintenance and testing is regularly undertaken;


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(c) The water level in the adjacent Sydney Water channel must be measured at two locations (one primary site with a secondary as backup) to ensure a reasonable reliability. Separate communication and/or power links are to be provided between each of the two monitoring sites to the main site control / instrumentation facility;

(d) The maximum length of pipe between any header tank and the operational SCW reservoir must not result in any potential delay response within the system; and

(e) The maximum length of pipe between any grated inlet and the operational SCW reservoir must not result in any potential delay response within the system.

Cross Reference: Conditions C.19, F.7, F.8, I.19, I.21

C.20. Certification of the geotechnical and hydrogeological design A certificate prepared by a professional engineer, who is suitably qualified and experienced in geotechnical or hydrogeological engineering, must be provided to the PCA. The certificate must certify that the below ground structures have been designed in accordance appropriate professional standards. Cross Reference: C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1.

C.21. Control of Ground Movements Once the design details for the perimeter walls are available, calculations for wall deflection are to be carried out as a function of excavation level inside the wall. The design for the support of the perimeter wall must clearly demonstrate that the level of waling support that is proposed to be used and its intensity will be sufficient to minimise movement of the wall to avoid an adverse impact on all adjoining buildings.

A detailed work method statement for construction of this wall with appropriate hold and release points requiring checking of all survey movement monitors around the perimeter wall, and loads in anchors at each increment in excavation level inside the wall not exceeding 1.0m, must be provided for approval by the appointed project geotechnical consultant. All work must then proceed in strict accordance with this work method statement.

Trigger levels on lateral movements are to be set by the appointed project geotechnical consultant to avoid any adverse impact on adjoining buildings. The adopted levels must consider the foundation conditions and the proximity of the building to the perimeter wall, of each adjoining building.

If temporary ground anchors are to be used a detailed work method statement for their installation with appropriate hold and release points by the appointed project geotechnical consultant is to be provided for approval. This is to be incorporated into the Work Method Statement for construction of the perimeter wall.

If temporary ground anchors are to used, written permission from adjoining owners is to be provided with the Work Method Statement. Cross Reference: C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1


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C.22. Provision of Confirmatory Risk Analysis for Geotechnical Factors Once all design and construction details for the perimeter walls are available, and the accompanying Work Method Statements have been prepared, a final risk analysis for the risk of damage to adjacent buildings from geotechnical causes is to performed by the project geotechnical consultant. Risk levels for all hazards must be reduced to a level no greater than that from an event with an “unlikely” likelihood of occurrence and “minor” consequence in accordance with Principle 4 of Clause 6.6.9 of the Double Bay DCP. Cross Reference: C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1.

C.23. Limits for the Variation of the Ground Water Level (GWL) The project hydrogeological consultant must certify that the design for the flow of groundwater around the site limits any change in the natural GWL level to a maximum of 0.3m during the construction phase of the works and 0.2m for any permanent change. The certification is to accompany the detailed plans and specifications submitted with the Construction Certificate application. A copy of the certification is to be provided to the PCA.

The project hydrogeological consultant must also provide a detailed Work Method Statement with hold and release points for GWL monitoring control to cater for the dewatering phase of the project as well as the long term function of the completed project. All hold points must be cleared by the project hydrogeological consultant and subsequent work approved before it is allowed to continue.

In order to cater for seasonal and climatic variations, the natural GWL is to be interpreted using correlations between the readings on piezometers around the site and other piezometers located away from the influence of development. Note: Groundwater monitoring has shown that natural seasonal and climatic fluctuations in groundwater level vary by more than 1 metre. This natural fluctuation is acknowledged, and the variation of 0.3m during construction and 0.2m for permanent change is to be measured having regard to the natural fluctuation.

Cross Reference: C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1.

C.24. Design Life of the Perimeter Wall and Megaflo® Drains The perimeter wall and Megaflo® drains must be designed as a hydraulic barrier, and sub-surface drainage system with a service life not less than 100 years.

C.25. Long Term Protection against breach of the Perimeter Wall The applicant for the Construction Certificate is to supply details of proposed Owners Corporation by-laws and other precautions that will be set in place to protect the long-term function of the perimeter wall as a hydraulic barrier.

C.26. Additional Items to be covered by the Work Method Statement The Work Method Statement required by Condition C.22 must include:

(a) a plan showing the location of the monitoring wells.


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(b) a frequency for the assessment of the readings from the piezometers. Each set of readings will constitute a HOLD point, with RELEASE onto following aspects of construction only possible from a satisfactory assessment by the project hydrogeological consultant.

(c) the method and rate of dewatering, including the location and disposal of site dewaterings.

(d) details of the revised closed pipe drainage along the western boundary discussed in the Coffey Supplementary report as replacing the Mega flow drain. This drain will require easily accessible flush points for maintenance.

C.27. Quantity of Long-Term Seepage Water The project hydrogeological consultant is to provide an assessment of the likely quantity of any long-term seepage water that may need to be pumped out from the development and the likely frequency of pumping. This assessment is to be submitted, for approval, to Council and the Department of Infrastructure, Planning and Natural Resources.

Council or DIPNR may require the discharge of long-term seepage water that may need to be pumped out from the development to Sydney Water’s sewer subject to a trade waste agreement.

C.28. Potential Acid Sulphate Soils A detailed Acid Sulphate Soil Management Plan, in accordance with the ASSMAC guidelines, is to be prepared and submitted with the Construction Certificate.

In addition to any other requirements of this plan, the following items are to be included:

• A sampling and analysis strategy to define the zones of PASS and the necessary quantity of mixing agent to be mixed into the sediment in order to stabilise the material against acid production.

• The treatment procedure, including size and type of mixing plant to be utilised, and area/s required for mixing.

• Appropriate measures for leachate control, collection and treatment.

• Verification testing of the treated product, to measure the remaining Total Potential Acidity (TPA) and ensure that the adopted liming rate is appropriate, to provide an adequate buffer to neutralise the PASS.

• The selection of and agreements in place, for the disposal of the stabilised material in accordance with EPA requirements.

• An appropriate groundwater monitoring programme in place to detect any acidity affects, together with a contingency plan in the event of any recorded lowering of the groundwater pH.

Note: The Acid Sulphate Soils Management plan prepared by Douglas Partners and submitted with the development application needs to be reviewed to address the above requirements.

Cross Reference: C.28, E.19.


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C.29. Food Premises – Construction Certificate Plans & Specifications The person with the benefit of this consent must submit to Council details of the construction and fit out of all food premises. These details must demonstrate compliance with the Food Act 2003, Food Regulation 2004 and the Food Standards Code, as published by Food Standards Australia and New Zealand and Australian Standard AS 4674-2004: Construction and Fit Out of Food Premises.

A Construction Certificate relating to the construction or fitout of food premises must not be issued until Council has advised in writing that the plans are considered satisfactory. Note: The assessment of food premises fitout plans and specifications is subject to an adopted fee. The construction and fitout of food premises is not listed under clause 161 of the Environmental Planning & Assessment Regulation 2000 as a matter that a certifying authority may be satisfied as to. The detailed plans & specifications must be referred to Council and be to Council’s satisfaction prior to the issue of any Construction Certificate for such works.

Cross Reference: Conditions C.29, E.35, F.18, I.17.

C.30. Anti-Graffiti Coating The walls of all buildings to a height of 2.5m above finished ground level must be finished in a heavy duty long life, ultra violet resistant coating with a high resistance to solvents and chemicals as an anti-graffiti coating easily cleaned by solvent wipe. Details of the anti-graffiti finishes are to be submitted with the Construction Certificate Application.

C.31. Soil and Water Management Plan – Submission & Approval The principal contractor must submit to Council or the Accredited Certifier a soil and water management plan complying with:

(a) “Do it Right On Site, Soil and Water Management for the Construction Industry” published by the Southern Sydney Regional Organisation of Councils, 2001; and

(b) “Managing Urban Stormwater - Soils and Construction” published by the NSW Department of Housing 4th Edition” ('The Blue Book').

Where there is any conflict The Blue Book takes precedence. The plan must be consistent with the Construction Methodology Statement prepared by Robert Bird & Partners Pty Ltd dated 24 October 2003 and the Erosion and Sediment Control Plan by Robert Bird & Partners Job No 03199, Plan No. CO3 Issue 2 or as otherwise approved by Council's Manager - Public Infrastructure.

The Council or Accredited Certifier must be satisfied that the soil and water management plan complies with the publications above prior to issuing any construction certificate. Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists consultant experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that expert consultants produce these and certify compliance with “Managing Urban Stormwater - Soils and Construction” published by the NSW Department of Housing 4th Edition” ('The Blue Book').


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Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from http://www.woollahra.nsw.gov.au/ .

Note: Pursuant to clause 161(1)(a)(5) of the Regulation an Accredited Certifier may be satisfied as to this matter.

Cross Reference: Conditions C.31, D.12, E.23, E.34.

C.32. Bicycle, Car and Commercial Parking Details The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed professional engineering (traffic engineering) plans and specifications for all bicycle, car and commercial vehicle parking, and access thereto, in compliance with AS2890.3:1993 Parking Facilities - Bicycle Parking Facilities, AS/NZS 2890.1:2004 : Parking Facilities - Off-Street Car Parking and AS 2890.2:2002 – Off-Street Parking: Commercial Vehicle Facilities respectively.

The Certifying Authority has no discretion to reduce or increase the number or area of bicycle, car parking or commercial parking spaces required to be provided and maintained by this consent. Cross Reference: Conditions I.8, I.9, I.10, I.11, I.12.

C.33. Design sound levels for building interiors The Construction Certificate plans and specifications required by clause 139 of the Regulation, must provide details showing how the recommendations of the Environmental Noise Impact Assessment, prepared by Acoustic Logic dated October 2003 Appendix X (“Environmental Noise Impact Assessment, prepared by Acoustic Logic dated October 2003”) will be implemented.

Design sound levels for building interiors should not exceed those recommended maximum design sound levels, LAeq, dB(A) specified by AS 2107-2000, Acoustics - Recommended design sound levels and reverberation times for building interiors. Note: The design sound levels given in AS 2107-2000 are not necessarily appropriate in all circumstances. In particular, lower noise levels may be appropriate in quiet environments or where expectations of quality are high. For example, lower design sound levels than those given as satisfactory in AS 2107-2000 may be preferred for luxury hotels and apartments. However, additional costs will be incurred in achieving sufficient sound attenuation between spaces for acoustic privacy requirements. For each 5 dB reduction in the ambient sound level, 5 dB must be added to the overall sound isolation performance of the dividing elements to maintain the same level of acoustic privacy. There could also be additional costs associated with the provision of quieter building services.

C.34. Design of loading dock (Building C) The Construction Certificate plans and specifications required by clause 139 of the Regulation, must provide details showing how the recommendations of the Environmental Noise Impact Assessment, prepared by Acoustic Logic dated October 2003, in relation to management and design of the loading dock will be implemented.

Prior to the issue of any construction certificate for this work, the Certifying Authority must be satisfied that these details satisfy the recommendations of the Environmental Noise Impact Assessment, prepared by Acoustic Logic dated October 2003.


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C.35. Engineering Detail The Construction Certificate plans and specifications required by clause 139 of the Regulation, must include detailed professional engineering plans and specifications for all structural, electrical, hydraulic, hydro-geological, geotechnical, mechanical and civil work complying with this consent, approved plans, the statement of environmental effects and supporting documentation referenced by condition A.4.

C.36. Footings in the vicinity of trees for building A The Construction Certificate plans and specifications required by clause 139 of the Regulation, must detail the footings and design of Building A along the Patterson Street frontage acknowledging the close proximity of the large growing Platanus orientalis “Digitata” close to footings and be of a design strength and construction method to accommodate future root expansion likely to conflict with these structures.

C.37. Swimming and Spa Pools – Child Resistant Barriers The Construction Certificate plans and specifications required by clause 139 of the Regulation, must detail all child-resistant barriers and resuscitation sign in compliance with the provisions of the Swimming Pools Act 1992. Note: A statement to the effect that isolation swimming pool fencing complying with AS1926 will be installed does not satisfy this condition the location of the required barriers and the sign must be detailed upon the plans.

Cross Reference: Conditions C.36, C.38, 0, F.21, I.23.

C.38. Swimming and Spa Pools – Backwash The Construction Certificate plans and specifications, required to be submitted pursuant to clause 139 of the Regulation, must detail the connection of backwash to Sydney Water’s sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: The plans must show the location of Sydney Water’s sewer, the yard gully or any new connection to the sewer system including a detailed cross section of the connection complying with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

Note: The discharge of backwash water to any stormwater system is water pollution and an offence under the Protection of the Environment Operations Act 1997. The connection of any backwash pipe to any stormwater system is an offence under the Protection of the Environment Operations Act 1997.



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D. Conditions which must be satisfied prior to the commencement of any development work

D.1. Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A (11) of the Act, the following conditions are prescribed in relation to development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia,

(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, that such a contract of insurance is in force before any building work authorised to be carried out by the consent commences.

This condition does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4), or

(b) to the erection of a temporary building.

In this condition, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Note: This condition must be satisfied prior to commencement of any work in relation to the contract of insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the BCA.

D.2. Communication with the public - Community Liaison Group (“CLG”) Prior to the commencement of any work the principal contractor must ensure that each neighbour whose title boundary abuts the land being developed is notified by letter of the date work is commencing and of the principal contractor’s (project manager’s & site foreman’s) mobile telephone numbers on which these persons may be contacted at any time.

A Community Liaison Group (“CLG”) must be established by the principal contractor prior to commencement of any development. The function of the CLG is to allow open communication between the principal contractor and neighbours of the development. The principal contractor must write to each neighbour whose title boundary abuts the land being developed and invite them to join the CLG. The CLG is to include one representative of each invited neighbour who wish to be a member of the CLG. The CLG must also include Council’s Manager Compliance or such persons that the Manager Compliance may determine. Cross Reference: Condition D.2, E.8

D.3. Construction workforce parking management strategy A construction workforce parking management strategy must be formulated by the principal contractor and approved by Council prior to commencement of


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works on the site. The parking management strategy must detail methods of reducing on-street parking demand including such measures as ride sharing, remote parking, agreements for use of nearby off-street parking and provision for on-site parking. It must also detail any on-street parking restrictions considered necessary. The applicant or its contractor is responsible for all costs of implementing the strategy. The strategy is to include a detailed analysis and mitigation measures to manage the shortfall in parking during construction Stages 1, B1 & B2.

A minimum of 100 spaces shall be maintained in stage 1. Note: It is suggested that upon the completion of basement level 2 in building C that arrangements be made such that the construction work force occupy this level under such conditions as the PCA and owners may determine appropriate for the purpose of relieving the impact of the construction workforce upon parking within Double Bay.

Note: Council’s Rangers and the NSW Police Service will enforce the Australian Road Rules as adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

D.4. Checking Construction Certificate plans & protecting pipes owned by Sydney Water Corporation The Construction Certificate plans must be stamped by the Sydney Water Corporation prior to the commencement of any development work. This is required to ensure that buildings close to or over Sydney Water Corporation pipes are identified and requirements for protecting them are implemented. Note: Further information can be obtained from the Sydney Water Corporation on or telephone 13 20 92 or by visiting their web site: http://www.sydneywater.com.au/html/yourhome/quick_check/building_renovating.cfm

D.5. Dilapidation Reports for existing buildings Dilapidation surveys must be conducted and dilapidation reports prepared by a professional engineer (structural) of all buildings on land whose title boundary abuts the site and of such further buildings located within the likely “zone of influence” of any dewatering and/or construction induced vibration.

The dilapidation reports must be completed and submitted to Council with the Notice of Commencement prior to the commencement of any development work. Cross Reference: C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1.

D.6. Dilapidation Reports for public infrastructure To clarify the existing state of Council infrastructure, the applicant must submit a dilapidation report on Council’s infrastructure adjoining the development site. The report must include photographs of the following streets:

• Manning Rd - full width New South Head Rd to Court Rd

• Kiaora Lane - full width Manning Rd to new construction.

• Kiaora Road - full width from New South Head Road to Court Rd

• Patterson St - full width to proposed new construction


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• Anderson St - full width from Court Rd to the new Patterson Rd connection

• New South Head Road - Bay Street to Bellevue Road Cross Reference: C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1.

D.7. Work (Construction) Zones Work zones are required for this development at various stages.

The principal contractor must:

(a) liaise with Councils Traffic Engineer regarding the length and location of required Work Zones prior to the commencement of each stage,

(b) apply for and have obtained approval for required work zones prior to the commencement of each stage,

(c) pay all fees associated with the application and occupation and use of the road as a work zone, and

(d) ensure that all Work Zone signs are erected to permit enforcement of the work zone by Rangers and Police.

Note: Work Zone applications must be submitted to Woollahra Council’s Local Traffic Committee. The Woollahra Local Traffic Committee meets monthly. A minimum of eight weeks is required for assessment and determination of a Work Zone application. Failure to comply with this condition may result in fines and proceedings to stop work.

Note: The principal contractor or owner must allow not less than eight weeks from the date of making an application to the Regional Traffic Committee constituted under the Clause 22 of the Transport Administration (General) Regulation 2000 to exercise those functions delegated by the Roads and Traffic Authority under Section 50 of the Transport Administration Act 1988.

Note: The enforcement of the work zone is at the discretion of Council’s Rangers and the NSW Police Service. The principal contractor must report any breach of the work zone to either Council or the NSW Police Service.

D.8. Tree Preservation – Implementation of General Protection Requirements The general tree protection requirements detailed by the Tree Management Plan and required by condition E.18, relating to trees to be retained, pruned, transplanted or removed must be implemented before work begins. Cross Reference: Conditions C.13, D.8, E.18.

D.9. Security Fencing, Hoarding and Overhead Protection Security fencing must be provided around the perimeter of the development site, including any additional precautionary measures taken to prevent unauthorised entry to the site at all times during the demolition, excavation and construction period. Security fencing must be the equivalent of chain wire as specified in AS 1725.


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Where the development site adjoins a public thoroughfare, the common boundary between them must be fenced for its full length with a hoarding, unless the least horizontal distance between the common boundary and the nearest parts of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid materials to a height of not less than 1.8 m adjacent to the thoroughfare.

Where a development site adjoins a public thoroughfare with a footpath alongside the common boundary then, in addition to the hoarding required above, the footpath must be covered by an overhead protective structure and the facing facade protected by heavy-duty scaffolding, unless either —

(a) the vertical height above footpath level of the structure being demolished is less than 4.0 m; or

(b) the least horizontal distance between footpath and the nearest part of the structure is greater than half the height of the structure.

The overhead structure must consist of a horizontal platform of solid construction and vertical supports, and the platform must —

(a) extend from the common boundary to 200mm from the edge of the carriageway for the full length of the boundary;

(b) have a clear height above the footpath of not less than 2.1 m;

(c) terminate 200mm from the edge of the carriageway with a continuous solid upstand projecting not less than 0.5 m above the platform surface; and

(d) together with its supports, be designed for a uniformly distributed live load of not less than 7 kPa.

The principal contractor or owner must pay all fees associated with the application and occupation and use of the road (footway) for required hoarding or overhead protection.


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The required hoarding or overhead protection, subject to Council approval, must be erected prior to the commencement of any work. Note: The principal contractor must allow not less than two (2) weeks from the date of making an application for determination. Any approval for a hoarding or overhead protection under the Roads Act 1993 will be subject to its own application, fees and conditions.

D.10. Site Signs The principal contractor must ensure that the sign required by clauses 98A and 227A of the Regulation is erected and maintained at all times. “Erection of signs

(1) For the purposes of section 80A (11) of the Act, the requirements of subclauses (2) and (3) are prescribed as conditions of a development consent for development that involves any building work, subdivision work or demolition work.

(2) A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

(a) showing the name, address and telephone number of the principal certifying authority for the work, and

(b) showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.

(3) Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

(4) This clause does not apply in relation to building work, subdivision work or demolition work that is carried out inside an existing building that does not affect the external walls of the building.

(5) This clause does not apply in relation to Crown building work that is certified, in accordance with section 116G of the Act, to comply with the technical provisions of the State’s building laws.”

Note: PCA and principal contractors must also ensure that signs required by this clause are erected and maintained (see clause 227A which currently imposes a maximum penalty of $1,100).

Note: If Council is appointed as the PCA it will provide the sign to the principal contractor who must ensure that the sign is erected and maintained as required by Clause 98A of the Regulation.

D.11. Toilet Facilities Toilet facilities are to be provided, at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out, at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided:

(a) must be a standard flushing toilet, and

(b) must be connected:

(c) to a public sewer, or

(d) if connection to a public sewer is not practicable, to an accredited sewage management facility approved by the council, or


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(e) if connection to a public sewer or an accredited sewage management facility is not practicable, to some other sewage management facility approved by the council.

The provision of toilet facilities in accordance with this condition must be completed before any other work is commenced.

In this condition:

accredited sewage management facility means a sewage management facility to which Division 4A of Part 3 of the Local Government (Approvals) Regulation 1993 applies, being a sewage management facility that is installed or constructed to a design or plan the subject of a certificate of accreditation referred to in clause 95B of the Local Government (Approvals) Regulation 1993.

approved by the council means the subject of an approval in force under Division 1 of Part 3 of the Local Government (Approvals) Regulation 1993.

public sewer has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

sewage management facility has the same meaning as it has in the Local Government (Approvals) Regulation 1993.

D.12. Erosion and Sediment Controls – Installation The principal contractor must install and maintain water pollution, erosion and sedimentation controls in accordance with:

(a) The Soil and Water Management Plan required under this consent;

(b) “Do it Right On Site, Soil and Water Management for the Construction Industry” published by the Southern Sydney Regional Organisation of Councils, 2001; and

(c) “Managing Urban Stormwater - Soils and Construction” published by the NSW Department of Housing 4th Edition” ('The Blue Book').

Where there is any conflict The Blue Book takes precedence. Note: The International Erosion Control Association – Australasia (http://www.austieca.com.au/) lists consultant experts who can assist in ensuring compliance with this condition. Where erosion and sedimentation plans are required for larger projects it is recommended that these be produced by consultant experts.

Note: The “Do it Right On Site, Soil and Water Management for the Construction Industry” publications can be down loaded free of charge from www.woollahra.nsw.gov.au.

Note: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without any further warning. It is a criminal offence to cause, permit or allow pollution.

Note: Section 257 of the Protection of the Environment Operations Act 1997 provides, among other things that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution” Warning, irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed.



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D.13. Building - Construction Certificate, Appointment of Principal Certifying Authority, Appointment of Principal Contractor and Notice of Commencement (s81A(2) of the Act) The erection of the building in accordance with this development consent must not be commenced until:

(a) a construction certificate for the building work has been issued by the council or an accredited certifier, and

(b) the person having the benefit of the development consent has:

(c) appointed a principal certifying authority for the building work, and

(d) notified the principal certifying authority that the person will carry out the building work as an owner-builder, if that is the case, and

(e) (b1) the principal certifying authority has, no later than 2 days before the building work commences:

(f) notified the council of his or her appointment, and

(g) notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work.

The person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:

(a) appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and

(b) notified the principal certifying authority of any such appointment, and

(c) unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and

(d) given at least 2 days’ notice to the council of the person’s intention to commence the erection of the building.

Note: building has the same meaning as in section 4 of the Act and includes part of a building and any structure or part of a structure.

Note: new building has the same meaning as in section 109H of the Act and includes an altered portion of, or an extension to, an existing building.

Note: The commencement of demolition works associated with an altered portion of, or an extension to, an existing building s considered to be the commencement of building work requiring compliance with section 82A(2) of the Act (including the need for a Construction Certificate) prior to any demolition work. See: Over our Dead Body Society Inc v Byron Bay Community Association Inc [2001] NSWLEC 125.

Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can be downloaded from Council’s website www.woollahra.nsw.gov.au .

Note: It is an offence for any person to carry out the erection of a building in breach of this condition and in breach of section 81A(2) of the Act.


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D.14. Subdivision of Land - Construction Certificate, Appointment of Principal Certifying Authority, and Notice of Commencement (s81A(3)&(4) of the Act) Subdivision work in accordance with a development consent must not be commenced until:

(a) a construction certificate for the subdivision work has been issued by the council or an accredited certifier, and

(b) the person having the benefit of the development consent has appointed a principal certifying authority for the subdivision work, and

(b1) the principal certifying authority has, no later than 2 days before the subdivision work commences:

(a) notified the consent authority and the council (if the council is not the consent authority) of his or her appointment, and

(b) notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the subdivision work, and

(c) the person having the benefit of the development consent has given at least 2 days’ notice to the council of the person’s intention to commence the subdivision work.

Note: ONLY COUNCIL CAN ISSUE A CONSTRUCTION CERTIFICATE FOR SUBDIVISION WORK. ONLY COUNCIL CAN ACT AS THE PCA FOR SUBDIVISION WORK.

Note: Construction Certificate Application, PCA Service Agreement and Notice of Commencement forms can be downloaded from Council’s website http://www.woollahra.nsw.gov.au

Note: It is an offence for any person to carry out subdivision work in breach of this condition and in breach of section 81A(4) of the Act.

Note: A plan of subdivision cannot be registered under the Conveyancing Act 1919 unless a subdivision certificate has been issued for the subdivision.

D.15. Establishment of boundary location, building location and datum Prior to the commencement of any work the principal contractor must ensure that a surveyor registered under the Surveying Act 2002 sets out:

(a) the boundaries of the land being developed by permanent marks (including permanent recovery points);

(b) the location and level of foundation excavations, footings, walls and slabs by permanent marks, pegs or profiles relative to the boundaries of the land and Australian Height Datum (“AHD”) in compliance with the approved development consent plans; and

(c) a permanent datum point (bench mark) within the boundaries of the land relative to AHD.

The Registered Surveyor must provide to the PCA a copy of a survey report detailing, the title boundaries, pegs/profiles, recovery points and bench mark locations as established by this condition.


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Note: Where the principal contractor notes any discrepancy between the approved development consent and the Construction Certificate, especially in relation to the height, location or external configuration of the building (but not limited to these issues) the principal contractor should not proceed until satisfied that the variations as shown are consistent with the consent. Failure to do so may result in a breach of development consent.

Note: On larger developments and where boundary redefinition is required the registered surveyor should consider the placement of State Survey Marks as permanent recovery points.

Cross Reference: D.15, E.31.

D.16. Adjoining buildings founded on loose and very loose sands (C6.2) The principal contractor must ensure that a professional engineer determines the possibility of any adjoining buildings founded on loose and very loose sands being affected by piling, piering or excavation. The professional engineer (geotechnical consultant) must assess the requirements for underpinning any adjoining or adjacent buildings founded on such soil on a case by case basis and the principal contractor must comply with any reasonable direction of the professional engineer. Note: A failure by contractors to adequately assess and seek professional engineering (geotechnical) advice to ensure that appropriate underpinning and support to adjoining land is maintained may result in damage to adjoining land and buildings. Such contractors are likely to be held responsible for any damages arising from the removal of any support to supported land as defined by section 177 of the Conveyancing Act 1919.


D.17. Piezometers for the monitoring of Ground Water Levels The principal contractor must be provide two (2) piezometers within the excavation area and a further seven (7) piezometers around the perimeter of the wall are to be installed to monitor groundwater levels before and during the dewatering works for the construction phase.

The existing GWL monitoring wells and monitoring program must be maintained until the issue of the Occupation Certificate for stage 2.

They are to be regularly monitored during the course of the works as required by the Work Method Statement for the control of Ground Water Levels. Any damaged piezometers are to be replaced to allow uninterrupted monitoring. Cross Reference: C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1.

D.18. Surface seepage – Contingency plan The principal contractor must provide to the PCA a contingency plan to deal to surface seepage if ground water is forced to the surface during periods of heavy rain prior to the installation of the Megaflo® drains to the perimeter of the foundation walls. Cross Reference: D.18, E.41.


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E. Conditions which must be satisfied during any development work

E.1. Compliance with Building Code of Australia and insurance requirements under the Home Building Act 1989 For the purposes of section 80A(11) of the Act, the following condition is prescribed in relation to a development consent for development that involves any building work:

(a) that the work must be carried out in accordance with the requirements of the Building Code of Australia,

(b) in the case of residential building work for which the Home Building Act 1989 requires there to be a contract of insurance in force in accordance with Part 6 of that Act, such contract of insurance must be in force before the commencement of any building work.

(c) This condition does not apply:

(a) to the extent to which an exemption is in force under clause 187 or 188, subject to the terms of any condition or requirement referred to in clause 187 (6) or 188 (4) of the Regulation, or

(b) to the erection of a temporary building.

In this clause, a reference to the BCA is a reference to that Code as in force on the date the application for the relevant construction certificate is made. Note: This condition must be satisfied prior to commencement of any work in relation to the contract of insurance under the Home Building Act 1989. This condition also has effect during the carrying out of all building work with respect to compliance with the BCA.

E.2. Compliance with Australian Standard for Demolition Demolition of buildings and structures must comply with Australian Standard AS 2601—2001: The Demolition of Structures, published by Standards Australia.

E.3. Protection of Heritage Item – Golden Sheaf Hotel The principal contractor and any sub-contractor must ensure that the Golden Sheaf Hotel, as identified by WLEP 1995 and the Heritage Impact Statement prepared by Graham Brooks and Associates, Architects and Heritage Consultants reference by condition A.4 is protected from any damage during the any development work. Cross Reference: E.3, H.11.

E.4. Demolition and disposal of hazardous materials All recommendations of the Hazardous Materials Survey Report prepared by Noel Arnold & Associates dated September 2003 must be complied with.

Removal, cleaning and disposal of lead-based paint must conform to the current Environmental Protection Authority guidelines. Demolition of materials incorporating lead is to be conducted in strict accordance with AS2601-2001, Demolition of Structures.


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Hazardous dust must not be allowed to escape from the site. The use of fine mesh dust proof screens or other measures is required. Any existing accumulations of dust (eg. ceiling voids and wall cavities) must be removed by the use of an industrial vacuum cleaner fitted with a high efficiency particulate air (HEPA) filter. A fine water spray (subject to Sydney Water permit) must suppress all dusty surfaces and dust created from work. Water must not be allowed to enter the street or stormwater systems. Demolition must not be performed during high winds, which may cause dust to spread beyond the site boundaries.

Any asphaltic cement pavement must be disposed of in accordance with the document “Environmental Guideline: Assessment, Classification and Management of Non-Liquid Wastes” (NSW EPA, 1997).

E.5. Compliance with Construction Methodology Statement All development and traffic movements must be carried out generally in accordance with the Construction Methodology Statement prepared by Robert Bird & Partners Pty Ltd dated 24 October 2003. All controls in the Plan must be maintained at all times. A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request.

Any revisions to the plans must be submitted to and approved by Council. Cross Reference: C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1.

E.6. Piezometers for the monitoring of Ground Water Levels The GWL monitoring wells and monitoring program must be maintained until the issue of the Occupation Certificate for stage 2.

They are to be regularly monitored during the course of the works as required by the Work Method Statement for the control of Ground Water Levels. Any damaged piezometers are to be replaced to allow uninterrupted Cross Reference: C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1.

E.7. Compliance with Construction workforce parking management strategy All contractors must comply with the construction workforce parking management strategy. Cross Reference: Conditions D.3, J.3.

E.8. Communication with the public - Community Liaison Group (“CLG”) The principal contractor must ensure that CLG meetings are held not less than once every 2 months.

In addition, the principal contractor must ensure that notices are placed in the Wentworth Courier (or other local newspaper circulated throughout the Woollahra Municipality) on at least the first week of each second month, advising the community of general construction-related issues, including likely permanent and temporary road closures for the coming 2 months.

The principal contractor must maintain the 24 hour hotline for the public in relation to construction issues. Details of the telephone number are to be


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provided on signs on the site and in the newspaper notices required above. Records are to be retained of all telephone enquiries and made available to Council and the PCA when requested. Note: The intent of this condition is to ensure that the public are generally aware of what works may affect them in each coming month by public notice. This condition does not prohibit more regular public notice where deemed necessary by the principal contractor.

Cross Reference: Condition D.2, E.8.

E.9. Requirement to notify about new contamination evidence Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination must be immediately provided to the Council and the PCA.

E.10. Critical Stage Inspections Critical stage inspections must be called for by the principal contractor as required by the PCA, any PCA service agreement, the Act and the Regulation.

Work must not proceed beyond each critical stage until the PCA is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act.

critical stage inspections means the inspections prescribed by the Regulations for the purposes of section 109E(3)(d) of the Act. Note: The PCA may require inspections beyond the critical stage inspections specified in the Act so that the PCA can be satisfied that work is proceeding in accordance with this consent.

Note: The PCA may, in addition to inspections, require the submission of Compliance Certificates, survey reports or evidence of suitability in accordance with Part A2.2 of the BCA in relation to any matter relevant to the development.

E.11. Council inspection of public domain works The principal contractor must call Council’s Civil Services Coordinator providing not less than 48 notice for the following inspections:

(a) After pipes are laid, bedded and jointed prior to backfilling;

(b) Kerb inlet pits and pipeline layed, bedded and jointed prior to backfilling;

(c) Prior to kerb and road reinstatement; and

(d) Completed and reinstated works.

Work must not proceed beyond each stage until Council is satisfied that work is proceeding in accordance with this consent.

E.12. Infrastructure Works not on Public Roads Infrastructure works that will become the future responsibility of Council and which are not on public roads must:

(a) be constructed in accordance with this consent, the Construction Certificate(s) and the Act and Roads Act 1993;

(b) be constructed in accordance with Woollahra Council's "Specification for Roadworks, Drainage and Miscellaneous Works"; and


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(c) be certified by a professional engineer as complying with the relevant clauses of the current edition of AUS-SPEC. This certification must be submitted to Council upon the completion of each stage of work.

Site testing and approval is required by a professional engineer. Video inspections and reports will be required on all new and adjacent drainage works.

E.13. Repair of Damaged Infrastructure If Council’s infrastructure is damaged during the course of works, Council’s Development Engineer must be notified. Necessary repairs must be undertaken at no cost to Council by the principal contractor within the time stipulated by Council, to Council’s "Specification for Roadworks Drainage and Miscellaneous Works". Works must be in accordance with the relevant clauses of the current edition of AUS-SPEC or as otherwise approved by Council.

If work is not undertaken to the satisfaction of Council with regard to time or quality, Council may carry out remedial works and deduct the cost from the Damage Security Deposit. Cross Reference: C.4 C.5, C.6, C.7, C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, E.36, E.37, E.38, H.1, H.4, Advising J.13

E.14. Hours of Work –Amenity of the neighbourhood (a) No work is to take place on any Sunday or public holiday,

(b) No work is to take place before 7am or after 6pm any weekday,

(c) No work is to take place before 7am or after 5pm any Saturday. If work is audible at any nearby residential premises, no work is to take place before 8am or after 5pm any Saturday,

(d) No heavy construction vehicles, being those of 8 tonnes or over, are to be used in association with the construction of the project before 7am or after 6pm any weekday,

(e) No heavy construction vehicles, being those of 8 tonnes or over, are to be used in association with the construction of the project before 7am or after 5pm any Saturday.

Work shall comply with the relevant provisions of:

(a) AS2436-1981 “Guidelines to Noise Control on Construction, Maintenance and Demolition Sites”,

(b) Environmental Protection Authority, Industrial Noise Policy ISBN 0 7313 2715 2 dated January 2000 as in force, and

Work for the purposes of this condition means:

(a) the use of land in connection with the construction of the development,

(b) the carrying out of any work,

(c) the use of any site crane, machine, article, material, or thing,

(d) the demolition of a building,


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(e) the piling, piering , cutting, boring, drilling, rock breaking, rock sawing or excavation of land,

(f) the delivery to or removal from the land of any machine, article, material, or thing, or

This condition has been imposed to mitigate the impact of work upon the amenity of the neighbourhood. Impact of work includes, but is not limited to, noise, vibration, dust, odour, traffic and parking impacts. Note 1: The Construction Methodology Statement specifies the routes that will be used by construction vehicles.

Note 2: Each and every breach of this condition by any person may be subject to a penalty infringement notice or prosecution.

Note 3: Compliance with these hours of work does not affect the rights of any person to seek a remedy to offensive noise or intrusive noise as defined by the Protection of the Environment Operations Act 1997, the NSW Environment Protection Authority's (EPA) NSW Industrial Noise Policy dated 16 December 1999 or the EPA Noise Guide for Local Government

Note 4: EPA Guidelines can be downloaded from http://www.epa.nsw.gov.au/noise/nglg.htm .

Note 5: see http://www.epa.nsw.gov.au/resources/ci_build_sheet7.pdf

Note 6: Given the scale of this development it is acknowledged that works other than physical building works will continue throughout the demolition and construction periods. It is not the intent of this condition that it applies to the continuation of existing uses (the Golden Sheaf Hotel or Woolworths Supermarket) or that it applies to professional administrative functions such as surveying, inspection or like construction management functions.

E.15. Protection of services Prior to any excavation works, the location and depth of all services (telephone, cable TV, electricity, gas, water, sewer, drainage, etc.) must be ascertained. The principal contractor must meet all costs of any adjustment, relocation or reinstatement of any services required as a result of the development. Cross Reference: Advising J.1

E.16. Maintenance of Vehicular and Pedestrian Safety and Access (a) Gates or fences must not swing out or encroach upon the road or the

footway,

(b) Articles, materials, matter and waste must not be stored on a public road or footway,

(c) The road and footways must not be used for any work.

(d) Roads and footways must not be opened or excavated.

(e) Roads and footways must be kept in good repair free of trip hazards and obstructions.

(f) Plant and equipment must not stand on roads and footways.

This condition does not apply to the extent that a permit or approval exists under the section 73 of the Road Transport (Safety and Traffic Management) Act 1999, section 138 of the Roads Act 1993 or section 94 of the Local Government Act 1993.

At all time compliance is required with:


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(a) Australian Standard AS 1742 (Set) Manual of uniform traffic control devices and all relevant parts of this set of standards.

(b) The Australian Road Rules to the extent that they are adopted under the Road Transport (Safety and Traffic Management) (Road Rules) Regulation 1999.

Note: Section 73 of the Road Transport (Safety and Traffic Management) Act 1999 allows the Police to close any road or road related area to traffic during any temporary obstruction or danger to traffic or for any temporary purpose. Any road closure requires Police approval.

Note: Section 138 of the Roads Act 1993 provides that a person must not:

(a) erect a structure or carry out a work in, on or over a public road, or

(b) dig up or disturb the surface of a public road, or

(c) remove or interfere with a structure, work or tree on a public road, or

(d) pump water into a public road from any land adjoining the road, or

(e) connect a road (whether public or private) to a classified road,

otherwise than with the consent of the appropriate roads authority.

Note: Section 68 of the Local Government Act 1993 provides that a person may carry out certain activities only with the prior approval of the council including:

Part E Public roads:

“1. Swing or hoist goods across or over any part of a public road by means of a lift, hoist or tackle projecting over the footway

2. Expose or allow to be exposed (whether for sale or otherwise) any article in or on or so as to overhang any part of the road or outside a shop window or doorway abutting the road, or hang an article beneath an awning over the road.”

Any work in, on or over the Road or Footway requires Council Approval and in the case of classified roads the NSW Roads and Traffic Authority. Road includes that portion of the road used as a footway.

E.17. Landscaping Implementation All landscaping works must be carried out in accordance with the approved Landscape Plan as submitted with and approved by the Construction Certificate.

A copy of the Plan must be kept on-site at all times and made available to the PCA or Council on request. Cross Reference: Conditions C.13, C.14. E.17

E.18. Compliance with Tree Management Plan All persons must comply with the Tree Management Plan.

The following trees may be removed:



4 Platanus x hybrida London Plane

Street tree within Patterson street

26 x 14

31 Eucalyptus robusta Swamp Mahogany

Street tree within Kiaora Road

7 x 2


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The following trees must be transplanted and successfully established elsewhere within the development site.


Species Present Location Required Location




Within development

46a, 46b, 46c


Rear No 2 Kiaora Rd Within development


1x Howea forsteriana Kentia Palm 8 x 3

Northern boundary No 4 Anderson street palm facing Patterson street

Within development

57b Unidentified within submitted documentation.

1x clump of 5 xHowea forsteriana Kentia Palms

Northern boundary No 4 Anderson street palms facing Patterson street

Within development



Within development


Eastern boundary lots 4-6 Council Carpark Anderson Street.

Within development

Paving works within the dripline of the canopy of following trees must be constructed in such a way as to ensure that the existing moisture infiltration and gaseous exchange to the tree root system are maintained:-




Northern boundary 13 x 14

2, 7, 8, 12, 13, 14 and 15



24 x 24 ave




6 x 3



16 x 10

46a, 46b, 46c


Rear No 2 Kiaora Rd


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61 Jacaranda mimosifolia Jacaranda


15 x 12

62 Brachychiton acerifolius Illawarra Flame tree


10 x 4



14 x 3


Eastern boundary lots 4-6 Council car park Anderson Street.

9 x 3

Approval is not granted for the removal of the following trees, which Council has determined to be contributory landscape elements.




Northern boundary 13 x 14

2, 7, 8, 12, 13, 14 and 15



24 x 24



16 x 10

General Protection requirements during the development The area beneath the canopies of all trees (except street trees where such requirement would breach condition E.16) required to be retained must be fenced. The fencing must encompass the maximum possible area covered by the drip line of the canopy and remain in place until the completion of building works. The fencing must be a minimum of a 1.8 metres high and made of chain link or welded mesh.

All areas within the perimeter of the fencing are to be covered with woodchip mulch to a depth of 100mm. All steep gradients unable to be effectively covered with mulch are to be protected with hessian cloth to be kept at a moisture level sufficient to ensure the preservation of tree root systems.

A irrigation program or temporary irrigation system is to be installed and an irrigation program maintained during the full course of construction works. Note 1: Council’s Tree Preservation Order (“the TPO”) (other than varied by these conditions) applies to all trees in the Municipality of Woollahra with a spread of branches greater than 3 metres and all trees, irrespective of the spread of branch having a height greater than 5 metres. This Order prohibits the ringbarking, cutting down, topping, lopping, pruning, removing and transplanting except with the prior written consent of Council. The following trees are exempt from the Order:

(a) Ficus elastica Rubber Tree


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(b) Ligustrum lucidum & cvs Large-leaved privet

(c) Ligustrum sinense & cvs Small-leaved privet

Note 2: Water Restrictions take precedence over this condition. Having regard to water restrictions manual hosing may be necessary.

Cross Reference: Conditions C.13, D.8, E.18

E.19. Compliance with Acid Sulphate Soils Management Plan The owner and principal contractor must implement and ensure compliance with the approved Acid Sulphate Soils Management Plan. Cross Reference: C.28, E.19.

E.20. Compliance with geotechnical and hydro-geological reports The development works are to be undertaken in accordance with the recommendations of the Geotechnical and Hydrogeological reports (Geotechnical Investigation Report prepared by Douglas Partners dated October 2003, as amended by additional information provided by facsimile dated 22 December 2003 and 4 February 2004, and Hydrogeological Report prepared by Coffey Partners dated October 2003, as amended by additional information provided by facsimile dated 11 February 2004.) Note: The consent authority cannot require that the author of the geotechnical report be appointed as the professional engineer supervising the work however, it is the consent authority’s recommendation that the author of the report be retained during the construction stage.

Cross Reference: E.20, E.24, F.12.

E.21. Equipment to be used to construct perimeter wall The contractor selected to construct the perimeter wall must be able to demonstrate satisfactory past experience in the construction of this type of wall. The selected contractor is to provide appropriate assurances and guarantees regarding the water tightness of the perimeter wall.

The contractor must ensure that the construction of individual piles does not cause a net removal of sand from alongside the piles. This should be achieved by the use of a pile installation rig fitted with equipment that controls the rate of progress of the auger flight to be at the same rate as the “pitch” of the auger flights.

E.22. Vibration Monitoring The principal contractor must ensure that vibration monitoring equipment is installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering. The instruments for measuring ground vibration must be located at the site boundary in a direct line between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from vibration during the excavation and during the removal of any excavated material from the land being developed.

Ground vibrations caused by the construction of the development should target for a limit of 3mm/sec with a “not to exceed” peak particle velocity of 5mm/sec.


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If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity an audible alarm must activate such that the principal contractor and any sub-contractor are easily alerted to the event.

Where such any alarm triggers all excavation works must cease immediately.

Prior to the vibration monitoring equipment being reset by the professional engineer and any further work recommencing the event must be recorded and the cause of the event identified and documented by the professional engineer.

Where the event requires, in the opinion of the professional engineer, any change in work practices to ensure that vibration at the level of the footings of any adjacent building does not exceed the peak particle velocity adopted by the professional engineer as the maximum acceptable peak particle velocity these must be documented and a written direction given to the principal contractor and any sub-contractor clearly setting out required work practice.

The principal contractor and any sub-contractor must comply with all work practice directions, verbal or written, given by the professional engineer.

A copy of any written direction required by this condition must be provided to the Principal Certifying Authority within 24 hours of any event.

Where there is any movement in foundations such that damage is occasioned to any adjoining building or such that there is any removal of support to supported land the professional engineer, principal contractor and any sub-contractor responsible for such work must immediately cease all work, inform the owner of that supported land and take immediate action under the direction of the professional engineer to prevent any further damage and restore support to the supported land. Note: Professional engineer has the same mean as in Clause A1.1 of the BCA.

Note: Building has the same meaning as in section 4 of the Act i.e. “building includes part of a building and any structure or part of a structure”.

Note: Supported land has the same meaning as in section 177 of the Conveyancing Act 1919.

E.23. Supply of Instrument to Ensure Ongoing Monitoring and Maintenance of the Groundwater Control System An instrument which ensures ongoing monitoring and maintenance of the groundwater control system, which meets with Council approval, is to be supplied prior to commencement of construction. The owner of the development must undertake to incorporate the Instrument as part of the development.

E.24. Compliance with the Implementation Plan and geotechnical and hydrogeological monitoring program The implementation plan and geotechnical and hydrogeological monitoring plan for the development must be finalised in accordance with the recommendations of the Geotechnical and Hydrogeological Report/s (Geotechnical Investigation Report prepared by Douglas Partners dated October 2003, as amended by additional information provided by facsimile dated 22 December 2003 and 4 February 2004, and Hydrogeological Report


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prepared by Coffey Partners dated October 2003, as amended by additional information provided by facsimile dated 11 February 2004.)

Monitoring and inspection at the hold points recommended in the Geotechnical and Hydrogeological Reports (Geotechnical Investigation Report prepared by Douglas Partners dated October 2003, as amended by additional information provided by facsimile dated 22 December 2003 and 4 February 2004, and Hydrogeological Report prepared by Coffey Partners dated October 2003, as amended by additional information provided by facsimile dated 11 February 2004) must be conducted by a professional engineer qualified geotechnical/hydrogeological engineer.

Copies of the inspection and monitoring reports must be supplied to the PCA within 7 days of the inspection. Any non-conformance must be immediately conveyed to the PCA with a Corrective Action Plan.

Cross Reference: E.20, E.24, F.12.

E.25. Erosion and Sediment Controls – Maintenance The principal contractor must maintain water pollution, erosion and sedimentation controls in accordance with:

(a) Soil and Water Management Plan required under this consent;

(b) “Do it Right On Site, Soil and Water Management for the Construction Industry” published by the Southern Sydney Regional Organisation of Councils, 2001; and

(c) “Managing Urban Stormwater - Soils and Construction” published by the NSW Department of Housing 4th Edition (“The Blue Book”).

Where there is any conflict The Blue Book takes precedence.

Note 1: A failure to comply with this condition may result in penalty infringement notices, prosecution, notices and orders under the Act and/or the Protection of the Environment Operations Act 1997 without warning. It is a criminal offence to cause, permit or allow pollution.

Note 2: Section 257 of the Protection of the Environment Operations Act 1997 provides that “the occupier of premises at or from which any pollution occurs is taken to have caused the pollution”.

Warning: Irrespective of this condition any person occupying the site may be subject to proceedings under the Protection of the Environment Operations Act 1997 where pollution is caused, permitted or allowed as the result of the occupation of the land being developed whether or not they actually cause the pollution.



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E.26. Filling of land To the extent that this consent permits filling of the land being developed such fill must be virgin excavated natural material (“VENM”).

For the purpose of this condition the definition in Schedule 1 of the Protection of the Environment Operations Act 1997, Appendix IX: Types of waste, that defines VENM is adopted:

VENM means “Virgin excavated natural material (such as clay, gravel, sand, soil and rock) that is not mixed with any other type of waste and which has been excavated from areas of land that are not contaminated with human-made chemicals as a result of industrial, commercial, mining or agricultural activities and which do not contain sulphidic ores or soils.” Note: Sulphidic ores and soils are commonly known as Acid Sulphate Soils.

Note: If a person transports waste to a place (the site) that cannot lawfully be used as a waste facility for that waste: (a) the person, and, (b) if the person is not the owner of the waste, the owner, are each guilty of an offence under section 143 of the Protection of the Environment Operations Act 1997.

Note: A person who is the owner or occupier of any land that cannot lawfully be used as a waste facility and who permits the land to be used as a waste facility is guilty of an offence under section 144 of the Protection of the Environment Operations Act 1997.

Note: Additional information is available from the following websites:

Illegal waste dumping - http://www.epa.nsw.gov.au/waste/dumping.htm

Is that fill legal? http://www.epa.nsw.gov.au/resources/012648web.epa%20fill.dl%20bro.pdf

E.27. Disposal of Liquid Waste No polluted site water including groundwater, seepage, dewatering and stormwater trapped in excavations must be allowed to enter the stormwater system. All polluted site water must be disposed of to Sydney Water’s sewer subject to a trade waste agreement or removed by a EPA licensed waste contractor. Disposal of polluted site water to Council’s stormwater system is not permitted. Note: This condition does not prevent the discharge of unpolluted water into the stormwater system. It is the principal contractor’s responsibility to ensure compliance with this condition as the occupier of the development site and any person committing water pollution may also be prosecuted.

E.28. Disposal of Non-Liquid Wastes The asphaltic cement pavement and other non-liquid waste present on the site are to be disposed of in accordance with the Environmental Guidelines: Assessment, Classification and Management of Non-Liquid Wastes (NSW EPA, 1997).

E.29. Site Cranes Site Crane(s) and hoist(s) may be erected within the boundary of the land being developed subject to compliance with Australian Standards AS 1418, AS 2549 and AS 2550 and all relevant parts to these standards.

Cranes must not swing or hoist over any public place unless the principal contractor has the relevant approval under the Local Government Act 1993, Crown Lands Act 1989 or Roads Act 1993.


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Illuminated sign(s) are not to be erected upon or displayed upon any site crane without separate consent. Note: Where it is proposed to swing a crane over a public place the principal contractor must make a separate application to Council under section 68 of the Local Government Act 1993 and obtain activity approval from Council prior to swinging or hoisting over the public place.

Note: Where it is proposed to swing a crane over private land the consent of the owner of that private land is required. Alternatively, the principal contractor must obtain an access order under the Access to Neighbouring Land Act 2000 or easement under section 88K of the Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriate. The encroachment of cranes or the like is a civil matter of trespass or encroachment. Council does not adjudicate or regulate such trespasses or encroachments.

E.30. Support of adjoining land and buildings Support must be provided where required to all adjoining land. This includes support to the natural surface of the land, the subsoil of the land, any water beneath the land, and any part of the land that has been reclaimed. Note: This condition does not authorise any trespass or encroachment upon any adjoining or supported land or building whether private or public. Where any underpinning, shoring, soil anchoring (temporary or permanent) or the like is considered necessary upon any adjoining or supported land the principal contractor must obtain the consent of the owners of such adjoining or supported land to trespass or encroach or obtain an access order under the Access to Neighbouring Land Act 2000 or easement under section 88K of the Conveyancing Act 1919 or section 40 of the Land & Environment Court Act 1979 as appropriate.

Note: The use of permanent rock anchors under any public place is not permitted.

Temporary rock anchors may be permitted, where alternative methods of stabilisation would not be practicable or viable, and where there would be benefits in terms of reduced community impact due to a shorter construction period, reduced disruption to pedestrian and vehicular traffic on adjacent public roads, and a safer working environment.

If temporary soil/rock anchors under any road are proposed, a separate application, including payment of fees, must be made to Council under Section 138 of the Roads Act 1993. Approval may be granted subject to conditions of consent. Four weeks should be allowed for assessment.

To make an application under Section 138 and 139 of the Roads Act 1993 an "Application to carry out Works in a Public Road” form must be completed and lodged, with the Application fee, at Councils Customer Services counter (Copy available on Council's Web site).

Note: Section 177 of the Conveyancing Act 1919 creates a statutory duty of care in relation to support of land. Accordingly, a person has a duty of care not to do anything on or in relation to land being developed (the supporting land) that removes the support provided by the supporting land to any other adjoining land (the supported land).

Note: Clause 20 of the Roads (General) Regulation 2000 prohibits excavation in the vicinity of roads as follows: “Excavations adjacent to road - A person must not excavate land in the vicinity of a road if the excavation is capable of causing damage to the road (such as by way of subsidence) or to any work or structure on the road.”

Note: The encroachment of work or the like is a civil matter of trespass or encroachment and Council does not adjudicate or regulate such trespasses or encroachments other than in relation to the public place. .



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E.31. Check Surveys - boundary location, building location and building height relative to Australian Height Datum The principal contractor must ensure that a surveyor registered under the Surveying Act 2002 carries out check surveys and provides survey certificates confirming the location of the buildings relative to the boundaries of the land being developed and that the height of the buildings relative to Australian Height Datum comply with this consent at the following critical stages. Work must not proceed beyond each critical stage until compliance has been demonstrated to the PCA’s satisfaction:

(a) Upon the completion of foundation walls and prior to the laying of any floor or the pouring of any floor slab and generally at damp proof course level;

(b) Upon the completion of formwork for floor slabs prior to the laying of any floor or the pouring of any concrete and generally at each storey;

Note: The required floor levels where determined in the Flood Study by Patterson Britton & Partners dated October 2003 and a minimum floor level of 3.5m AHD has been adopted in that report.

(c) Upon the completion of formwork or framework for the roof(s) and prior to the laying of any roofing or the pouring of any concrete;

(d) Upon the completion of formwork and steel fixing and prior to pouring of any concrete for any ancillary structure, swimming pool or spa pool or pond.

Note: This condition has been imposed to ensure that development occurs in the location and at the height approved under this consent.

Cross Reference: D.15, E.31.

E.32. Prohibition of burning The burning of tyres and CCA (copper chrome arsenate) or PCP (pentachlorophenol) treated timber is prohibited in all parts of NSW. All burning is prohibited in the Woollahra local government area.

Note: Pursuant to the Protection of the Environment Operations (Control of Burning) Regulation 2000 all burning (including burning of vegetation and domestic waste) is prohibited except with approval. No approval is granted under this consent for any burning.

E.33. Dust Mitigation Dust mitigation must be implemented in accordance with “Dust Control - Do it right on site” published by the Southern Sydney Regional Organisation of Councils.

This generally requires:

(a) Dust screens around the site.

(b) All stockpiles or loose materials to be covered.

(c) All equipment, where capable, being fitted with dust catchers.


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(d) All loose materials being placed in bags before placing into waste or skip bins.

(e) All waste and skip bins being kept covered when not being filled or emptied.

(f) The surface of excavation work being kept wet (subject to Sydney Water permit) to minimise dust.

(g) Landscaping incorporating trees, dense shrubs and grass being implemented as soon as practically possible to minimise dust.

Note 1: “Dust Control - Do it right on site” can be down loaded free of charge from Council’s web site www.woollahra.nsw.gov.au or obtained from Council’s office.

Note 2: Special precautions must be taken when removing asbestos or lead materials from development sites. Additional information can be obtained from www.workcover.nsw.gov.au and www.epa.nsw.gov.au . Other specific condition and advice may apply.

Note 3: Demolition and construction activities may affect local air quality and contribute to urban air pollution. The causes are dust, smoke and fumes coming from equipment or activities, and airborne chemicals when spraying for pest management. Precautions must be taken to prevent air pollution.

E.34. Temporary stormwater disposal Stormwater from any roof or other impervious areas must be linked, via temporary downpipes and stormwater pipes, to a Council approved stormwater disposal system immediately upon completion of the roof installation or work creating impervious areas.

This condition has been imposed to ensure that adjoining and neighbouring land is not adversely affected by overland flows of stormwater. Cross Reference: Conditions C.31, D.12, E.23, E.34.

E.35. Food Premises – Construction & Fitout The principal contractor must ensure that the construction and fitout of all food premises complies with the Food Act 2003, Food Regulation 2004; the Food Standards Code as published by Food Standards Australia and New Zealand and AS 4674-2004: Construction and fit out of food premises.

This condition has been imposed to protect public health and ensure that food premises are easily maintained in a clean condition fit for food preparation and consumption. Cross Reference: Conditions C.29, E.35, F.18, I.17.

E.36. Road and Public Domain Works The following road and public domain works are to be constructed by the principal contractor at the their full cost:

(a) Works Proposed by Applicant

Works are to be in accordance with following plans or as otherwise approved by Council's Manager - Public Infrastructure:

• Roads Level Plan by Robert Bird & Ptrs Job No. 03199 C01 Issue 12 dated 30.10.03


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• Public Domain Plan by Clouston Assoc No. NS646 DA01 Sept 2003 Issue E

• Public Domain Level Plan by Clouston Assoc No. NS646 DA02 Sept 2003 Issue E

(i) Kiaora Lane - Full lane reconstruction from the boundary between 373-375 and 377-383 New South Head Rd through to Kiaora Rd. including:

• new pavement (to suit new raised levels) , asphaltic concrete and sawn patterned concrete,

• stone road an threshold paving, road and footpath including widening,

• stone kerb and gutter,

• trees, landscaping, pedestrian ramps and street furniture.

(ii) Patterson Street - Full road reconstruction from 11 Patterson St through to the intersection the new intersection of Anderson St and Patterson Lane including:

• new road deviation works

• new Asphaltic Concrete pavement (to suit new raised levels)

• stone paving and footpath including widening adjacent to Speciality Retail /Residential Apartments and Public Plaza

• trees, landscaping, ramps and street furniture.

(iii) Patterson Lane - Full lane construction from the intersection of Anderson St to Kiaora Road including:

• new road deviation works and full width section of Anderson St reconstruction to 10, 12 Court Road,

• pavement, kerb and gutter and concrete footpath,

• trees, landscaping, ramps and street furniture,

• public plaza - construction of the plaza including stone paving, advanced tree and street furniture.

(iv) Kiaora Road - footpath, crossings, laybacks and tree planting west side from south of Patterson Lane to Kiaora Lane.

(v) New South Head Road Paving - The construction of new "Double Bay" pavers in New South Head Rd full width of path for the full length of the development in front of the existing Woolworth's site at 433 to 451 New South head Road.

(b) Works required by Council (i) Kiaora Road - Road shoulder pavement reconstruction (to improve road shoulder crossfall), kerb and gutter west side from south of Patterson Lane to north of Kiaora Lane of sufficient distance to match back to existing levels.


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(ii) Kiaora Road Footpath - New full width concrete footpath in Kiaora Road west side from New South Head Road to Kiaora Lane.

(iii) New South Head Road Paving - New "Double Bay" pavers in New South Head Rd are to be extended from the proposed area above for the full length of the Golden Sheaf Hotel for the full path width.


E.37. Public Domain Stormwater Drainage Works The following drainage works are to be constructed at the principal contractor’s full cost. These works are to comply with the drainage concept plan No DA-H-04 prepared by Warren Smith and Partners dated Oct 2003 or as otherwise as approved by Council's Manager - Public Infrastructure:

(a) Kiaora Lane - The construction of a new drainage pipeline from the boundary between 373-375 and 377-383 New South Head Rd to connect into the existing Sydney Water drainage channel on the east side of Kiaora Rd. including the installation and maintenance of a Gross Pollution Traps.

(b) Patterson Street / Patterson Lane - The construction of a new drainage pipeline from property 11 Paterson St generally on the northern side to connect into the existing Sydney Water drainage channel on the east side of Kiaora Rd. Including a spur line from Anderson St and the installation and maintenance of a Gross Pollution Traps.

(c) Public Plaza - The construction of a new drainage extended surface grates and 375mm diameter pipeline generally from the southern side of the Plaza centrally to the proposed drainage pipeline in Kiaora Lane

The Gross Pollution Traps are to be maintained by the for 12 months after the release of the security for that section of work.

Pits must be constructed or as otherwise approved by Council's Manager - Public Infrastructure in accordance with Council’s Standard “Grated Gully Pit with extended Kerb Inlet” drawing DR1. A copy of this is available from Councils Development Engineer.

A non-return flap valve must be provided at the connection of the site’s drainage connection to Council’s stormwater system.

The must be responsible for carrying out any service investigations to provide a gravity fed drainage system.

An inspection of all drainage lines is to be conducted by Closed Circuit Television or similar techniques at the Applicant's cost. Any damage or defective pipe, pits or the like must be repaired by the Applicant, or by Council at the Applicant's expense. Cross Reference: Conditions C.4 C.5, C.6, C.7, E.13, E.36, E.37, E.38, H.4. Advising J.13

E.38. Relocation or reconstruction of Council’s drainage system The principal contractor must meet all costs of relocation or reconstruction of any part of Council’s drainage system required to carry out the approved development. All works must be carried out to Woollahra Council’s


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"Specification for Road works, Drainage and Miscellaneous Works" and to Council's satisfaction. Cross Reference: Conditions C.4 C.5, C.6, C.7, E.13, E.36, E.37, E.38, H.4. Advising J.13

E.39. Swimming and Spa Pools – Temporary Child Resistant Barriers and other matters Temporary child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 where any swimming pool or spa pool as defined by the Swimming Pools Act 1992 contains more than 300mm in depth of water at any time. Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992 as soon as practical.

Backwash and any temporary dewatering from any swimming pool or spa pool as defined by the Swimming Pools Act 1992 must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996. Note: This condition does not prevent Council from issuing an order pursuant to section 23 of the Swimming Pool Act 1992 or taking such further action as necessary for a breach of this condition or the Swimming Pools Act 1992.


E.40. Sewer pipe connection All existing underground sewer pipes affected by the works in this consent must be replaced as far as Sydney Water’s sewer main in accordance with AS3500. These pipes must be welded or jointed in such a manner so as to prevent leakage and must not be located less than five (5) metres from the base of any Council street tree. The replacement work must be inspected by a registered plumber who must certify, by way of a compliance certificate submitted to Council, that this condition has been satisfied.

E.41. Surface seepage – Contingency plan The principal contractor shall implement the contingency plan to deal with surface seepage if ground water is forced to the surface prior to the installation of the Megaflo® drains to the perimeter of the foundation walls to as to ensure that any surface seepage is removed and does not pond so as to cause a nuisance to neighbouring and adjoining land. Cross Reference: D.18, E.41.


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F. Conditions which must be satisfied prior to any occupation or use of the building (Part 4A of the Act and Part 8 Division 3 of the Regulation)

F.1. Occupation Certificate (section 109M of the Act) A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless an occupation certificate has been issued in relation to the building or part. Note: new building includes an altered portion of, or an extension to, an existing building.

F.2. Surrender of consent (s80A(1)(b) & s80A(5) of the Act) (a) The owner of the Golden Sheaf Hotel must surrender the following

development consent in accordance with clause 97 of the Regulation:

• No. 58 of 2002 dated 4 March 2002 for Permanent Retention of Trading Hours for the Golden Sheaf Hotel.

The Occupation Certificate for the new portion Golden Sheaf Hotel must not be issued until Council has acknowledged in writing that this condition has been satisfied.

(b) The occupier of the Woolworths supermarket must surrender all development consents in relation to the supermarket at 433-451 New South Head Road. The Occupation Certificate for the new supermarket must not be issued until Council has acknowledged in writing that this condition has been satisfied.

F.3. Transport Management Information A transport management information package must be provided to inform potential patrons of the function rooms of the Golden Sheaf Hotel of local parking availability and public transport options. Note: The Traffic Report prepared by Masson Wilson Twiney October 2003 in SEE Appendix Q, at page 10 makes provision for this information to be provided.

Cross Reference: F.3, I.2

F.4. State Environmental Planning Policy 65 – Design Verification Statement Pursuant to clause 154A of the Regulation a certifying authority must not issue an occupation certificate to authorise a person to commence occupation or use of a residential flat development unless the certifying authority has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the development as shown in the plans and specifications, in respect of which the construction certificate was issued, has been constructed having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No 65—Design Quality of Residential Flat Development. Note: Where it is proposed to issue an interim occupation certificate for any stage a design verification statement must be provided for that stage.

Note: Although a certifying authority may, pursuant to clause 161(2) of the Regulation be satisfied as to any matter that relates to the external finish of a building, clause 154A of the Regulation overrides the certifying authority’s powers under clause 161(2).


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Note: qualified designer means a person registered as an architect in accordance with the Architects Act 1921.

F.5. Provision of Category 1 Fire Safety Provisions (clause 93 of the Regulation) A person must not commence occupation or use of the whole or any part of a new building (within the meaning of section 109H (4) of the Act) unless such of the Category 1 fire safety provisions as are applicable to the building’s proposed new use are provided. Note: Category 1 fire safety provision means the following provisions of the BCA(“BCA”), namely, EP1.3, EP1.4, EP1.6, EP2.1, EP2.2 and EP3.2 in Volume One of that Code and P2.3.2 in Volume Two of that Code.

F.6. Fire Safety Certificates In the case of a final occupation certificate to authorise a person:

(a) to commence occupation or use of a new building, or

(b) to commence a change of building use for an existing building,

a certifying authority must be satisfied that a final fire safety certificate has been issued for the building.

In the case of an interim occupation certificate to authorise a person:

(c) to commence occupation or use of a partially completed new building, or

(d) to commence a change of building use for part of an existing building,

a certifying authority must be satisfied that a final fire safety certificate or an interim fire safety certificate has been issued for the relevant part of the building. Note: This condition does not apply to a class 1a or class 10 building within the meaning of clause 167 of the Regulation.

Note: In this condition:

interim fire safety certificate has the same meaning as it has in Part 9 of the Regulation.

final fire safety certificate has the same meaning as it has in Part 9 of the Regulation.

new building has the same meaning as it has in section 109H of the Act.

F.7. Flood Protection Systems Operation and Maintenance Plan A Flood Protection Systems Operation and Maintenance Plan must be prepared by a professional engineer (hydrology and hydraulics) and submitted to the PCA.

The Flood Protection Systems Operation and Maintenance Plan must detail:

(a) how the system must operate in a flood event;

(b) how an uninterrupted power supply will be maintained to control systems;

(c) requirements for ongoing maintenance, including:

(d) regular testing requirements of all systems,


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(e) regular cleaning of all units and associated infrastructure (HTS and SCW, pits, inlets, pipes and switches), and

(f) replacement of perishable/wearable parts on all infrastructure associated with the HTS and SCW at regular intervals.

The Flood Protection Systems Operation and Maintenance Plan must integrate with the emergency response and evacuation plan (see condition F.8) for emergency closing of the carpark levels during emergency situations (including flooding). Note: Council strongly recommends that the Flood Protection Systems Maintenance Plan be prepared by Robert Bird and Associates (the development application design engineers) and peer reviewed by GHD Pty Ltd (the independent development assessment consultants) given the scale and complexity of flood protection systems.


F.8. Emergency Response and Evacuation Plan An emergency response and evacuation plan and procedure complying with AS 3745-2002 - Emergency control organisation and procedures for buildings, structures and workplaces must be implemented. The emergency response and evacuation plan and procedure must form part of listed essential fire safety measures subject to the interim or final fire safety certificate and thence subject to Annual Fire Safety Certificates.

The emergency response and evacuation plan and procedure must:

(a) Address, in addition to ordinary risks (fire etc.), the specific risks associated with flooding;

(b) provide contingencies having regard to, however unlikely, a failure in the flood protection to the basement levels;

(c) provide clearly visible flood warning signs in unobstructed areas of all basements and all areas potentially subject to inundations up to the Probable Maximum Flood level;

(d) provide an alarm system which will activate prior to the activation of the HTS and SCWS; and

(e) ensure that wardens are in the car park when any flood level reaches RL 2.0m AHD, to effect the orderly evacuation of people from the car park.

The emergency response and evacuation plan and procedure must be submitted to the Director General, New South Wales State Emergency Service and the Commissioner of the NSW Fire Brigades. Any changes requested by these emergency services that are consistent with AS 3745-2002 - Emergency control organisation and procedures for buildings, structures and workplaces is to be adopted by the emergency response and evacuation plan and procedure prior to any occupation of the building or the issue of any occupation certificate. Note: AS 3745.. sets out the requirements for the development of procedures for the controlled evacuation of buildings, structures and workplaces during emergencies. The AS also establishes guidelines for — (a) the appointment of the emergency planning committee (EPC); (b) the setting up of an emergency control organisation (ECO); (c) the preparation of


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emergency plans and procedures; (d) the role and authority of ECO personnel while executing their duties; and (e) the requirements of an education and training program. The standard covers emergency situations until the appropriate emergency service arrives to take control, at which time, the ECO will work in conjunction with that service.


F.9. Compliance Certificate from Energy Australia The principal contractor must provide to the PCA a letter from Energy Australia setting out Energy Australia’s requirements relative to the provision of electricity supply to the development and confirming that these requirements have been satisfied to Energy Australia’s satisfaction.

Where a substation is provided within the site access to that area of the site must be provided by way of an easement benefiting Energy Australia providing unfettered access to the substation.

F.10. Commissioning and Certification of Systems and Works The principal contractor must submit to the satisfaction of the PCA works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA confirming that the such works, as executed and as detailed, comply with the requirement of this consent, the Act, the Regulations, any relevant construction certificate, the BCA and relevant Australian Standards.

This condition has been imposed to ensure that systems and works as completed meet development standards as defined by the Act and so that a public record of works as executed are maintained. Note: The PCA must submit with any Occupation Certificate copies of works-as-executed (“WAE”) plans, Compliance Certificates and evidence of suitability in accordance with Part A2.2 of the BCA upon which the PCA has relied in issuing any Occupation Certificate.

F.11. Inspection & Certification of Infrastructure Works not within public roads The principal contractor must provide Council, at the completion of the infrastructure works, that will be become the future responsibility of Council not on public roads, and prior to release of the infrastructure works bond:

(a) Works-as-Executed plans, prepared by a registered surveyor, of newly constructed drainage lines,

(b) CCTV video inspection along the full length of all newly constructed drainage lines,

(c) a certificate from a suitably qualified Civil Engineer certifying that the Works have been carried out in accordance with the approved plans and in a satisfactory manner.

F.12. Certification of geotechnical and hydrogeological monitoring program and construction work A record of inspections and monitoring as required by the Geotechnical and Hydrogeological Reports, (Geotechnical Investigation Report prepared by Douglas Partners dated October 2003, as amended by additional information provided by facsimile dated 22 December 2003 and 4 February 2004, and


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Hydrogeological Report prepared by Coffey Partners dated October 2003, as amended by additional information provided by facsimile dated 11 February 2004) must be submitted in report form to the PCA for approval prior to release of any Occupation Certificate for the basement levels. A professional engineer (geotechnical/hydrogeological engineer) must also certify that all below ground work has been carried out in accordance with all applicable development consent conditions and the recommendations of the professional engineers Geotechnical and Hydrogeological Reports.

No development work beyond the construction of basement levels is to occur until the certification required by this condition has been provided to the PCA.

Cross Reference: E.24, F.12

F.13. Certification of the installed groundwater drainage system The installed groundwater drainage system must be certified by a professional engineer (geotechnical/hydrogeological) and is to be submitted to the PCA for approval, prior to the release of any Occupation Certificate for the basement levels.

In addition, a Maintenance Manual for the installed groundwater drainage system must be prepared and certified by a professional engineer (geotechnical/hydrogeological) and must be submitted to PCA for approval prior to release of any Occupation Certificate for the basement levels. Note: This relates to the ongoing maintenance of the Megaflo® drains to the perimeter walls.


F.14. Testing and Commissioning of Flood Protection Systems The HTS and SCW systems and all associated infrastructure (SCWs, pits, inlets, pipes and switches) must be tested to confirm operation after installation in accordance with the Flood Protection Systems Operation and Maintenance Plan. Testing must additionally simulate the operation of the back-up units together with the roller-shutter doors and other emergency procedures. Council and/or Council’s representative must be present at the testing and must be satisfied with the testing outcome. The basements must not be occupied until the testing confirms satisfactory operation and until a professional engineer certifies such satisfactory operation in accordance with the operation and maintenance manual. Cross Reference: Conditions C.19, F.8, F.14, I.19, I.21.

F.15. Mechanical ventilation/services Prior to the issue of any Occupation Certificate, detailed "works as executed" mechanical ventilation system plans and specifications prepared by a professional engineer, must be submitted to the PCA together with certification from the supervising professional engineer that the system as commissioned complies with AS/NZS 1668 The Use of Mechanical Ventilation and Air Conditioning in Buildings, Part 1-1998: Fire and smoke control in multi-compartment buildings and Part 2-1991: Mechanical ventilation for acceptable indoor-air quality. Note: Part 1 of AS/NZS 1668 only applies to multiple compartment buildings.


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F.16. Design sound levels for building interiors After completion of the works and prior to the issue of an occupation certificate for each stage, the principal contract must submit to the PCA, a report from a qualified professional engineer (who is a member of either the Australian Acoustical Society or the Association of Australian Acoustical Consultants) certifying that the works have been undertaken to comply with the design sound levels for building interiors required by condition C.33. Note: The design and works completed at each stage shall generally be subject interim occupation certificates and shall be subject to certification in accordance with this condition prior to the issue of each interim occupation certificate.

Cross Reference: C.33,C.34,F.16,I.13.

F.17. Inspection, Certification and Registration of Regulated Systems Prior to the issue of any Occupation Certificate or occupation or use of part of the building serviced by a regulated system the principal contractor must submit to the satisfaction of PCA certification by a ‘competent person’ that the regulated system as installed can be operated as required by Clause 9 of the Public Health (Microbial Control) Regulation, 2000.

The owner must register the regulated systems with Council and provide the PCA with evidence of registration pursuant to Clause 15 of the Public Health (Microbial Control) Regulation, 2000. Note: Regulated System means: (a) air-handling systems, (b) evaporative cooling systems, (c) hot-water systems, (d) humidifying systems, (e) warm-water systems, (f) water-cooling systems, and their associated equipment and fittings pursuant to Section 43 of the Public Health Act 1991.

Note: Competent person has the same meaning as in Clause 9(3) of the Public Health (Microbial Control) Regulation, 2000.

Note: The NSW Code of Practice for the Control of Legionnaires’ Disease can be down loaded free from: http://www.health.nsw.gov.au/pubs/2004/pdf/legionnaires_disease.pdf .

F.18. Inspection and Registration of Food Premises Prior to the issue of any Occupation Certificate or occupation or use of any food premises:

(a) the Principal Contractor or owner must arrange an inspection of the fit out of the Food Premises by Council's Environmental Health Officer;

(b) a satisfactory final inspection must have been undertaken by Council's Environmental Health Officer; and

(c) the owner or occupier must have registered the Food Premises (Notification of conduct under section 100 of the Food Act 2003).

Note: Notification can be done on-line at http://www.health.nsw.gov.au/public-health/food/files/notify.html

Note: Inspections are subject to payment of the adopted inspection fee.

Note: Section 100 of the Food Act 2003 provides:

“100 Notification of conduct of food businesses

(1) The proprietor of a food business must not conduct the food business unless the proprietor has given written notice, in the approved form, of the information specified in the Food Safety Standards that is to be notified to the appropriate enforcement agency before the business is


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conducted. Maximum penalty: 500 penalty units in the case of an individual and 2,500 penalty units in the case of a corporation.”

Note: Accredited Certifiers are unable to issue Compliance Certificates in relation to compliance with the Food Act 2003, Food Regulation 2004; the Food Standards Code and the Australian Standard AS 4674-2004: Construction and fit out of food premises; since these are not matters which an Accredited Certifier can be satisfied under Clause 161 of the Regulation. This condition can only be satisfied following an inspection and sign off from Council’s Environmental Health Officers.


F.19. Street Numbering The development is to be provided with street and sole occupancy unit numbers determined by Council. This condition has been imposed to ensure that emergency services, utility services, and the general public are able to clearly and readily locate the various elements of the development. Further, this condition has been imposed to protect the integrity of street numbering and land information.

F.20. Letter Box(es) Letter boxes must be constructed and located in accordance with AS/NZS 4253:1994 Mailboxes and must be to the satisfaction of Australia Post. This condition has been imposed to ensure that mail is able to be delivered to any occupant.

F.21. Swimming and Spa Pools – Permanent Child Resistant Barriers and other matters. Prior to any occupation or use of the development:

(a) Permanent child-resistant barriers must be installed in compliance with the Swimming Pools Act 1992.

(b) The Principal Contractor or owner must apply for and obtain a Compliance Certificate under section 24 of the Swimming Pools Act 1992.

Pool and Spa Pool Guidelines in force at that time and private pools.

(c) Water recirculation and filtration systems must be installed in compliance with AS 1926.3-2003 Swimming pool safety - Water recirculation and filtration systems.

(d) Backwash must be discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996.

(e) Water recirculation and filtration systems must be connected to the electricity supply by a timer that limits the system’s operation such that it does not operate before 8 am or after 8 pm on any Sunday or public holiday, or before 7 am or after 8 pm on any other day.

Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf



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F.22. New drainage easements Drainage easements in Council’s favour over the new storm water pipelines that run within various stratum lots in Kiaora Lane, Patterson Street and Patterson Lane must be registered on the stratum subdivision plans DP2 (Patterson Street and Patterson Lane) and DP4 (Kiaora Lane). The easements must give Council access rights for personnel and equipment to inspect and maintain and/or replace the drainage pipeline.

F.23. Joint Management Agreement for Public Carpark Basement Level 1 A joint management agreement for the Basement Level 1 public car park between the owners of this stratum and Council must be signed. The agreement must define the charges and management arrangements for the car park prior to the commencement of public parking in the car park and must cover matters such as opening times, charges and day to day management of the car park. Note: This condition has been imposed since fees and charges must be set to encourage longer term parking being the basis upon which the traffic generation assessment was carried see the Masson Wilson Twiney Traffic Report that forms part of this consent under condition A.4.

Note: This will necessarily include a Free Parking Area Agreement under section 650 of the Local Government Act 1993.

Cross Reference: Condition A.4, F.23, Advising J.9

F.24. Traffic Management – Local Traffic requirements The owners must submit to Council’s Traffic Committee a detailed Local Traffic Management plan including:

(a) provisions for a 10 kilometres per hour shared zone in Kiaora Lane,

(b) provisions for traffic calming on Patterson Street that may include thresholds, vertical deflection devices, refuge islands or similar,

(c) provisions for no stopping restrictions along the eastern side Manning Road for a distance of 19 metres north of Patterson Street and 18 metres south of Patterson Street,

(d) all other provisions as detailed by the Traffic Report prepared by Masson Wilson Twiney October 2003 in SEE Appendix Q, and

(e) all requirements of Council’s Traffic Committee arising from the Applicant’s Traffic Management Plan.

Such works required by Council’s Traffic Committee, including traffic and parking signage, must be implemented at the owner’s expense prior to the issue of any Occupation Certificate for Basement level 1.

F.25. Traffic Management – Operation of New South Head Road intersections The owners must submit to the Roads and Traffic Authority a further review of the operation of the New South Head Road and Manning Road signalised intersection, particularly the existing right turn storage bay located on New South Head Road (west approach) to the satisfaction of the Roads and Traffic Authority.


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The owner’s must, at their expense implement if so required by the RTA, three (3) approach lanes on the Kiaora Road approach to New South Head Road and such works completed prior to the issue of the Final Occupation Certificate.

Such works required by the RTA, including traffic and parking signage, must be implemented at the owner’s expense prior to the issue of any Occupation Certificate for Basement level 1. Note: The RTA has reviewed the PARAMICS data files and raised concerns that the queues for the right turn movement from New South Head Road into both Kiaora Road and Bellevue Street will queue back (at times) to the signalised intersection of Knox Street.

The applicant is advised to examine possible modifications to this intersection in order to ensure that the “existing levels” of queuing (for the above mentioned right turn movement) at New South Head Road / Kiaora Road / Bellevue Street / Cross Street is not exceeded. In this regard, it is recommended that an appropriate modification should be investigated in consultation with the RTA and if required, a solution be implemented prior to occupation. Note that due to the current geometry of the intersection it is not practical to provide a right turn phase unless separate right turn lanes are provided to both Kiaora Road and Bellevue Street. Further comments on the most suitable treatment at the above-mentioned traffic signals will be provided pending receipt of further information from the applicant.

The provision of detailed traffic modelling showing the benefits of three (3) approach lanes on the Kiaora Road approach to New South Head Road versus two (2) approach lanes. The RTA will assess the modelling and determine whether the RTA is willing to review the provision of formalising three (3) northbound lanes. Further comments on this matter will be provided once the RTA has reviewed the modelling.

F.26. Stratum Management Agreement/Plan A stratum management agreement/plan shall be submitted to and approved by Council for each stratum stage, prior to any interim occupation certificates, including:

(a) a requirement that the toilets as detailed by the approved DA plans at level 1 (ground floor level) within the Building A must be:

(i) maintained in accordance with a stratum management agreement for the development as a whole by the retail stratum to Council’s satisfaction; and

(ii) open and available as public toilets during the hours of operation of the supermarket.

(b) Public domain landscape planting must be maintained by the owners of all stratums to Council’s satisfaction.

Cross Reference: F.26, I.6, I.7.


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G. Conditions which must be satisfied prior to the issue of any Subdivision Certificate

G.1. No relevant conditions


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H. Conditions which must be satisfied prior to the issue of a Final Occupation Certificate (s109C(1)(c))

H.1. Post Development Dilapidation Reports for existing buildings Post development dilapidation surveys must conducted and post development dilapidation reports prepared by a professional engineer (structural) of all buildings subject to pre-commencement dilapidation reports as required by condition D.5.

The Reports must be completed and submitted to Council with the Final Occupation Certificate. Note: Any damage to private property is a civil matter and Council does not adjudicate or regulate any claims of damages other than in relation to the public place.

Cross Reference: Conditions C.20, C.21, C.22, C.23, D.5, D.6, D.16, D.17, E.5, E.6, E.13, E.20, E.21, E.22, E.23, E.24, F.12, F.13, E.30, H.1.

H.2. Landscaping The principal contractor must provide to Council a works-as-executed landscape plan and a statement from a qualified arborist that all landscaping has been executed in compliance with the approved landscape plans and specifications.

The certification must include details of the automatic irrigation system required to service all landscaping at the podium level Building C. Cross Reference: Condition C.6 C.13, D.8, E.18, H.2

H.3. Removal of Ancillary Works and Structures The principal contractor must removed from the land and any adjoining road:

(a) The site sign;

(b) Ablutions

(c) Hoarding;

(d) Scaffolding; and

(e) Waste materials and articles.

H.4. Road and Drainage Works (including footpaths) The following works must be completed to the satisfaction of Council:

(a) stormwater pipes, pits and connections to public stormwater systems within the road, including a close circuit television inspection of all pipes, pits and connections to determine the adequacy of these works;

(b) driveways and vehicular crossings within the road;

(c) footpaths and footway verges within the road;

(d) kerb and guttering within the road; and

(e) road surface pavement within the road. Note: Security held by Council pursuant to section 80A(6) of the Act will not be release by Council until compliance has been achieved with this condition. An application for refund of security must be submitted with the Final Occupation Certificate to Council. This form can be


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downloaded from Council’s website www.woollahra.nsw.gov.au or obtained from Council’s customer service centre.


H.5. Removal of noxious weeds To prevent the spread of undesirable and invasive species and to ensure the preservation of urban bushland within the Municipality, all weeds identified within the Noxious Weeds Act 1993 (Order No 7) and the following identified Woollahra Municipality bushland invasive plant species must be removed from the development site:

Botanical Name Common Name (a) Ligustrum sinense Small-leaved Privet,

(b) Ligustrum lucidum Large-leaved Privet,

(c) Ochna serratifolia Ochna,

(d) Asparagus spp. Asparagus Fern,

(e) Cotoneaster spp. Cotoneaster,

(f) Tradescantia albiflora Wandering Jew,

(g) Senna pendula Cassia,

(h) Pyracntha spp. Firethorn,

(i) Olea africana African Olive, or

(j) Lantana camara Lantana.

H.6. Active landscape management contract The owner must submit to Council prior to the issue of a Compliance Certificate a copy of an Active Landscape Management contract for the maintenance of the Landscaping for a period of not less than 3 years after its installation, to ensure the continued preservation of the landscape character of the area.

H.7. Positive Covenant – Private Works on Council Property A positive covenant, pursuant to Section 88E of the Conveyancing Act, must be created on the title of the subject property, providing for the indemnification of Council from any claims or actions, and the on-going maintenance of any private structures on Council property for which consent has been given, such as steps, retaining walls, accessways. The wording of the instrument must be in accordance with Council’s standard format and the instrument must be registered at the Land Titles Office.

H.8. Positive Covenant – Flood and Stormwater Drainage Systems A positive covenant pursuant to Section 88E of the Conveyancing Act must be created on the title of the subject property, providing for the indemnification of Council from any claims or actions, and for the on-going maintenance of the pumps, sumps, Header Tank System and Self Closing Waterdams incorporated in the development. The wording of the Instrument must be in accordance


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with Council’s standard format to Council’s satisfaction and the Instrument must be registered at the Land Titles Office.

H.9. Positive Covenant & Works-As-Executed certification of flood tank (Basement level 3) On completion of construction work, stormwater drainage works are to be certified by a professional engineer with Works-As-Executed drawings supplied to the Certifying Authority detailing:

(a) compliance with conditions of development consent relating to stormwater;

(b) the structural adequacy of the flood tank (basement level 3);

(c) that the works have been constructed in accordance with the approved design and will provide the flood compensatory storage volume and attenuation in accordance with the submitted calculations;

(d) pipe invert levels and surface levels to Australian Height Datum; and

(e) contours indicating the direction in which water will flow over land should the capacity of the flood tank be exceeded in a storm event exceeding design limits.

A positive covenant pursuant to Section 88E of the Conveyancing Act must be created on the title of the subject property, providing for the indemnification of Council from any claims or actions and the on-going maintenance of flood tank - compensatory system, including pumps and sumps incorporated in the development. The wording of the Instrument must be consistent with Council’s standard format and the Instrument must be registered at the Land Titles Office. Note: The PCA must submit copies of the Work-as-executed plans, a copy of any compliance certificate and of any other documentary evidence, whether or not of a kind referred to in Part A2, clause A2.2, of the Building Code of Australia, relied on in issuing the occupation certificate and the required positive covenant to Council with the Final Occupation Certificate as required by clause 151(2) of the Regulation.

Note: The standard wording of the Instrument can be down loaded from Council’s web site www.woollahra.nsw.gov.au .

H.10. Commemorative Tablet The commemorative tablet, in the possession of Council, for the tennis players Anderson and Patterson must be re-established on the development site in a position determined in consultation with Council.

H.11. Conservation Management Plan –Golden Sheaf Hotel The existing conservation management plan for the Golden Sheaf hotel must be reviewed by a Heritage Consulatant in accordance with The Burra Charter; the Australia ICOMOS Charter for the Conservation of Places of Cultural Significance 1999 and Heritage NSW Guidelines as in force at that time.

The revised Conservation Management Plan must be submitted to Council prior to the issue of the Final Occupation Certificate.


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Note: Further advice can be obtained from the NSW Heritage Office, Phone 02 9873 8500, Fax 02 9873 8599, Email: [email protected] and at their web site: www.heritage.nsw.gov.au .

Cross Reference: E.3, H.11.


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I. Conditions which must be satisfied in relation to the ongoing use of the development

I.1. Hours of use/operation The hours of use/operation are limited to between:

(a) Golden Sheaf Hotel:

(i) Monday to Wednesday - 7am and 1 am (the following day),

(ii) Thursday to Saturday - 7am and 2 am (the following day), including the first 2 hours of every Sunday (12am to 2am),

(iii) Sunday - 7am and 12 midnight,

(iv) Excluding the accommodation and ancillary uses of the hotel which may operate 24 hours, 7 days per week use is permitted.

(v) Function Rooms see condition I.2.

(b) Supermarket:

(i) 7 am to 12 midnight, 7 days per week.

(c) Retail shops:

(i) 7 am to 12 midnight, 7 days per week.

(d) Commercial occupancies:

(i) 24 hours, 7 days per week.

(e) Shared Loading dock (Building C):

(i) 7am to 10 pm, 7 days per week,

(ii) excluding Council’s domestic recycling and garbage collection

(f) Public car park:

(i) 7 am to 30 minutes after the closing time of the Golden Sheaf Hotel, 7 days per week.

(g) Library:

(i) 7 am and 12 midnight Monday to Friday,

(ii) 7 am and 5 pm Saturday and Sunday.

(h) The public arcade is to be open between 7am and 12 midnight, 7 days per week.

Note: The premises must not operate outside the hours of use permitted under any licence as defined by section 4 of the Liquor Act 1982.

I.2. Use of Function Rooms - Golden Sheaf Hotel The function rooms within the Golden Sheaf Hotel must:

(a) only be used for the purposes of a function as defined by the Liquor Act 1982 or occasion or event. This condition has been imposed to ensure that the function rooms are not used as a public bar or for other purposes.


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(b) in relation to the function rooms there must be no more than 300 patrons occupying the function rooms at any one time. Where sequential functions are proposed on the same day and in the same room there must be a time interval of not less than 1 hour between the end of one function and the beginning of another.

Note: The Traffic Report prepared by Masson Wilson Twiney October 2003 in SEE Appendix Q, discounts parking on the basis that both function rooms (one with a maximum occupancy of 300 and the other with a maximum occupancy of 150) will not be operating at the same time and would not normally overlap with peak bar usage and/or use of the commercial premises in the development.

Cross Reference: F.3, I.2

I.3. Noise from liquor licensed premises (Liquor Act 1982) Noise emissions from the licensed premises must comply with the following:

(a) The LA10 noise level emitted from the licensed premises must not exceed 5dB above the background (LA90) noise level in any Octave Band Centre Frequency (31.5Hz to 8KHz inclusive) between the hours of 7.00am to 12.00 midnight when assessed at any affected residential boundary. The background noise level must be measured in the absence of noise emitted from the licensed premises.

(b) The LA10 noise level emitted from the licensed premises must not exceed the background (LA90) noise level in any Octave Band Centre Frequency (31.5Hz to 8KHz inclusive) between the hours of 12.00 midnight to 7.00am when assessed at any affected residential boundary. The background noise level must be measured in the absence of noise emitted from the licensed premises.

Notwithstanding compliance with the above, the noise from the licensed premises must not be audible within any habitable room in any residential premises after 12 midnight.

A report is required from a practicing acoustic engineer verifying that noise from the premises is able to meet the above noise levels. If necessary, a suitable sound limiting device must be fitted and calibrated to meet the above requirement. The device must be calibrated and set by an acoustic consultant (who is a member of either the Australian Acoustical Society, or the Association of Australian Acoustical Consultants) and the settings locked in position under the control of the manager of the premises.

Where there is any conflict between this condition and the requirements of any licence as defined by section 4 of the Liquor Act 1982 the more onerous requirement prevails. Note: Compliance with the hours of use/operation and this condition does not affect the rights of any person to seek a remedy to offensive noise or intrusive noise as defined by the Protection of the Environment Operations Act 1997, the NSW Environment Protection Authority's (EPA) NSW Industrial Noise Policy dated 16 December 1999 or the EPA Noise Guide for Local Government.


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I.4. Security and Egress from Golden Sheaf Hotel Security Personnel - In order to protect the amenity of the surrounding residential area, the hotel licensee is to employ not less than two (2) security personnel to monitor patrons leaving the hotel after 11pm.

Residential Amenity - In order to protect the amenity of the surrounding residential area, all rear access doors to Kiaora Lane are to be closed at 12 midnight and not used for egress except in case of an emergency. After 12 midnight all patrons are to exit via the New South Head Road exits or via the basement level 1 entry. Note: The above requirement is consistent with Hotelier’s Licence No.102623

Note: No live entertainment must occur unless the occupier has activity approval under section 94 of the Local Government Act 1993 to operate as a Place of Public Entertainment.

Cross Reference: Condition I.4, I.5.

I.5. Place of Public Entertainment Approval Whilst consent has been previously granted for use of a portion of the Sheaf Hotel as a Place of Public Entertainment nothing in this consent authorises such use in breach of the provisions of the Act or Local Government Act 1993 including the maintenance of activity approval as a Place of Public Entertainment as defined by the Local Government Act 1993. Note: No live entertainment must occur unless the occupier has consent and activity approval under the Act and section 94 of the Local Government Act 1993 to operate as a Place of Public Entertainment. Separate applications must be made for any new POPE use.

Cross Reference: Condition I.4, I.5.

I.6. Stratum Management Plan The use of the development shall be in accordance with the approved stratum management plan Cross Reference: F.26, I.6, I.7.

I.7. Management of public toilets in Building A The toilets as detailed by the approved DA plans at level 1 (ground floor level) within the Building A must:

(c) be maintained in accordance with a stratum management agreement for the development as a whole by the retail stratum to Council’s satisfaction;

(d) be open and available as public toilets during the hours of operation of the supermarket.

Note: These public toilets are required to service the entire development. They have been provided as a portion of common property within the retail stratum within building A maintained and kept clean at the retail stratums expense to Council’s satisfaction.

I.8. Provision of off-street Public Parking – Basement Level 1 The owner and occupier, in compliance with AS/NZS 2890.1:2004 : Parking facilities - Off-street car parking, must maintain public access to off-street parking as follows:

Use Number of required public spaces


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Class 3 (Short term parking) 311 Class 4 (Disabled/Pram parking) 12 Total 323

Note: Class 3 spaces must have a minimum width of 2.6m. Class 4 spaces must have a minimum width of 3.2m. See AS2890 for detailed requirements.

Note: Activity Approval is required under Chapter 7 of the Local Government Act 1993 to “Operate a public car park”. The occupier must ensure that they have a current activity approval to operate a public car park.

Cross Reference: Conditions I.8, I.9, I.10, I.11, I.12.

Cross Reference: Condition C.32

Cross Reference: Advising J.9

I.9. Provision of off-street Public and Visitor Parking – Basement Level 1 The owner and occupier, in compliance with AS2890.3:1993 Parking facilities - Bicycle parking facilities, must maintain public access to off-street parking as follows:

Use Area m2 Bicycle Parking 31.5m2

Note: Activity Approval is required under Chapter 7 of the Local Government Act 1993 to “Operate a public car park”. The occupier must ensure that they have a current activity approval to operate a public car park.

Cross Reference: Condition C.32

I.10. Provision of off-street Private Residential Parking The owner and occupier, in compliance with AS/NZS 2890.1:2004 : Parking facilities - Off-street car parking, must maintain unimpeded private access to off-street parking as follows:

Use Number of required private spaces Class 1 (All day parking) 203 Class 3 (Short term parking) 27 (Visitor spaces) Class 4 (Disabled parking) 14 Total 244

Use of visitor spaces in basement level 2 must be augmented by provision of an intercom system, remote access through security barriers and signage must be provided to inform and enable visitors to use park vehicles in designated visitor spaces inside the Basement Level 2 residential car park. The visitor spaces must be clearly signposted in the car park and notification of their existence and location must be provided at the property entrance.

I.11. Provision of off street commercial vehicle facilities – Basement Level 2 The owner and occupier, in compliance with AS 2890.2-2002 : Parking facilities - Off-street commercial vehicle facilities, must maintain unimpeded access to off-street parking as follows:

Use Number of required commercial spaces


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Class 1 (All day parking) 154 Class 4 (Disabled parking) 4 Total 158

I.12. Provision of off street commercial vehicle facilities – Kiaora Road Loading Dock (Building C) The owner and occupier, in compliance with AS 2890.2-2002 : Parking facilities - Off-street commercial vehicle facilities, must maintain unimpeded access (with approved hours of use) to off-street parking as follows:

Use Number of required commercial spaces Basement Level 1 (Van Bay) 1 Commercial (Van) Dock facility Supermarket Loading Bay 1 Shared Loading Dock facility Total 2 Shared Loading Dock facilities

The supermarket occupier must manage activities in the loading area in a manner that ensures that all vehicles enter and exit the site in a forward direction without any queuing or other interference to traffic on Kiaora Road and Kiaora Lane.

The Statement of Environmental Effects, Appendix X (“Environmental Noise Impact Assessment, prepared by Acoustic Logic dated October 2003”) to the Statement of Environmental Effects contains detailed recommendations for the design and management of the Loading Dock. These recommendations are required to be implemented during construction and form part of the ongoing management of the Loading Dock.

All bulk deliveries to the Golden Sheaf Hotel and the Supermarket must be via the shared loading dock facility off Kiaora Road.

In order to advise persons on Kiaora Lane that a truck is exiting the loading area a flashing light is to be erected over or near the loading area exit. This must be activated by vehicles over 2.5m in height and must have a cover or some other protection to prevent the flashing light from causing nuisance to residents living above. Cross Reference: Condition C.32, C.33.

I.13. Offensive Noise The use of the premises, including plant and equipment, must not give rise to the transmission of offensive noise to any place of different occupancy. Offensive noise is defined in the Protection of the Environment Operations Act 1997.

I.14. Clothes drying etcetera No clothes, linen or the like must be hung from any balcony, terrace or veranda such that they are visible from any public place. This condition has been imposed to ensure that the visual amenity of the neighbourhood is not detrimentally affected by a proliferation of such practices.


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I.15. Lighting Any lighting on the site must be designed, installed and operated so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting must comply with the Australian Standard AS4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

I.16. Waste Management All waste and recyclable material must be stored in bins within designated recycling and garbage rooms and garbage loading areas.

All waste and recyclable material must be managed in accordance with the recommendations of the Waste Management Plan prepared by JD MacDonald Waste Management Consultants, Section 3 (page 4 to 5), (Appendix G of the SEE).

No residential or trade waste or waste storage container must not be placed within Kiaora Lane, Patterson Street, Anderson Street, Kiaora Road, the Winter Garden (Buidling B) or the public plaza (between buildings A & C). This does not include Council serviced residential waste storage containers associated with Buildings D & E. Cross Reference: Condition C.12, I.16

I.17. Food Premises - Maintenance of Food Premises The food premises must be maintained in accordance with the Food Act 2003, Food Regulation 2004; the Food Standards Code as published by Food Standards Australia & New Zealand and Australian Standard AS 4674-2004: Construction and fit out of food premises. Note: The provisions of the Food Act 2003 may change over time and irrespective of this condition compliance with this Act, regulations, food standards and other standards adopted under the Food Act (as amended) are mandatory. The Food Act and applicable regulations can be accessed free of charge from www.legislation.nsw.gov.au .


I.18. Annual Fire Safety Statements Each year, the owner of a building to which an essential fire safety measure is applicable must provide an Annual Fire Safety Statement to Council and Fire Commissioner and prominently display the Annual Fire Safety Statement in the building. Note: Essential fire safety measure has the same meaning as in clause 165 of the Regulation and, in addition, includes the Flood Protection Systems.

Note: Annual fire safety statement has the same meaning as in clause 175 of the Regulation.

Note: Part 9 Division 5 of the Regulation applies in addition to this condition at the date of this consent. Visit Council’s web site for additional information in relation to fire safety www.woollahra.nsw.gov.au .

I.19. Emergency response and evacuation plan – compliance & review Occupation and use of the development must be in accordance with the emergency response and evacuation plan and procedure.


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The emergency response and evacuation plan and procedure must be reviewed and, if necessary, updated at each annual meeting of the emergency planning committee constituted under AS 3745-2002 - Emergency control organisation and procedures for buildings, structures and workplaces.

The emergency response and evacuation plan and procedure must form part of the listed essential fire safety measures subject to Annual Fire Safety Certificates.

Any amended emergency response and evacuation plan and procedure must be submitted to the Director General, New South Wales State Emergency Service and the Commissioner of the NSW Fire Brigades. Any changes requested by these emergency services that are consistent with AS 3745-2002 - Emergency control organization and procedures for buildings, structures and workplaces must be adopted by the emergency response and evacuation plan and procedure prior to implementation of the amended emergency response and evacuation plan and procedure. Note: The emergency response and evacuation plan and is the primary mechanism for the protection of life and safety.


I.20. Operation and Maintenance of Regulated Systems The occupier must operate regulated system in compliance with Clause 9 of the Public Health (Microbial Control) Regulation, 2000.

Where there is any change in the regulated system the occupier must register the changes in the regulated systems with Council under Clause 15 of the Public Health (Microbial Control) Regulation, 2000.

Water cooling systems must be certified by a competent person annually as being an effective process of disinfection under the range of operating conditions that could ordinarily be expected. Note: Regulated System means: (a) air-handling systems, (b) evaporative cooling systems, (c) hot-water systems, (d) humidifying systems, (e) warm-water systems, (f) water-cooling systems, and their associated equipment and fittings pursuant to Section 43 of the Public Health Act 1991.

Note: Competent person has the same meaning as in Clause 9(3) of the Public Health (Microbial Control) Regulation, 2000.

Note: The NSW Code of Practice for the Control of Legionnaires’ Disease can be down loaded free from: http://www.health.nsw.gov.au/pubs/2004/pdf/legionnaires_disease.pdf .

I.21. On-going maintenance of flood protection system All flood protection systems must be maintained in accordance with the Flood Protection Systems Operation and Maintenance Plan. Cross Reference: Conditions C.19, F.7, F.8, I.19, I.21

I.22. On-going maintenance of the compensatory storage tank The Owner(s) must, in accordance with this condition and any positive covenant:

(a) permit stormwater to be temporarily detained by the system,

(b) keep the system clean and free of silt rubbish and debris,


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(c) if the car park is used as a detention basin, a weather resistant sign must be maintained in a prominent position in the car park warning residents that periodic inundation of the car park may occur during heavy rain,

(d) maintain renew and repair as reasonably required from time to time the whole or part of the system so that it functions in a safe and efficient manner and in doing so complete the same within the time and in the manner reasonably specified in written notice issued by the Council;

(e) carry out the matters referred to in paragraphs (b) and (c) at the Owners expense,

(f) not make any alterations to the system or elements thereof without prior consent in writing of the Council and not interfere with the system or by its act or omission cause it to be interfered with so that it does not function or operate properly,

(g) permit the Council or its authorised agents from time to time upon giving reasonable notice (but at anytime and without notice in the case of an emergency) to enter and inspect the land with regard to compliance with the requirements of this covenant,

(h) comply with the terms of any written notice issued by Council in respect to the requirements of this clause within the time reasonably stated in the notice,

(i) where the Owner fails to comply with the Owner’s obligations under this covenant, permit the Council or its agents at all times and on reasonable notice at the Owner’s cost to enter the land with equipment, machinery or otherwise to carry out the works required by those obligations, and

(j) indemnify the Council against all claims or actions and costs arising from those claims or actions which Council may suffer or incur in respect of the system and caused by an act or omission by the Owners in respect of the Owner’s obligations under this condition.

Note: This condition is supplementary to the owner(s) obligations and Council’s rights under any positive covenant.

I.23. Swimming and Spa Pools – Maintenance Swimming and Spa Pools must be maintained:

(a) in compliance with the Swimming Pools Act 1992 with regard to the provision of child-resistant barriers and resuscitation signs;

(b) in compliance with the NSW Health Public Swimming Pool and Spa Pool Guidelines in force at that time (private pools are encouraged to comply with the same standards as applicable);

(c) in compliance with AS 1926.3-2003 : Swimming pool safety - Water recirculation and filtration systems ;

(d) with backwash being discharged to the sewer in compliance with clause 10.9 (Figure 10.2) of AS/NZS 3500.2.2:1996, and


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(e) with a timer that limits the recirculation and filtration system’s operation such that it does not emit noise that can be heard within a habitable room in any other residential premises (regardless of whether any door or window to that room is open):

(i) before 8 am or after 8 pm on any Sunday or public holiday, or

(ii) before 7 am or after 8 pm on any other day. Note: Child-resistant barriers, resuscitation signs, recirculation and filtration systems and controls systems require regular maintenance to ensure that life safety, health and amenity standards are maintained.

Note: The NSW Health Public Swimming Pool and Spa Pool Guidelines can be down loaded free from: http://www.health.nsw.gov.au/public-health/ehb/general/pools/poolguidelines.pdf


I.24. Removal of Graffiti All graffiti must be removed from buildings and fences within 72 hours. Note: Procedures for working with graffiti are contained in a special training program available from the Master Painters Australia NSW Association Inc.

See: http://www.masterpainters.com.au/

I.25. Storage and handling of flammable and combustible liquids The storage and handling of flammable and combustible liquids must be in accordance with AS1940-1993 - The storage and handling of flammable and combustible liquids.


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J. Advisings

J.1. Dial before you dig

The principal contractor or any person digging may be held financially responsible by the asset owner should they damage underground pipe or cable networks. Minimise your risk and Dial 1100 Before You Dig or visit www.dialbeforeyoudig.com.au.

When you contact Dial Before You Dig, you will be sent details of all Dial Before You Dig members who have underground assets in the vicinity of your proposed excavation. Cross Reference: Condition E.15

J.2. Commonwealth Disability Discrimination Act 1992 (“DDA”) The Disability Discrimination Act 1992 (DDA) makes it against the law for public places to be inaccessible to people with a disability. Compliance with this development consent, Council’s Access DCP and the BCA may not satisfy compliance with the DDA.

The DDA applies to existing places as well as places under construction. Existing places must be modified and be made accessible, (except where this would involve "unjustifiable hardship”).

Further detailed advice can be obtained from the Human Rights and Equal Opportunity Commission (“HEROC”):

http://www.hreoc.gov.au/index.html

http://www.hreoc.gov.au/disability_rights/dda_guide/ins/ins.html

If you have any further questions relating to the application of the DDA you can email HEROC at [email protected].

J.3. Road Closures & Parking The Rose Bay Local Area Command closely aligns with the boundaries of the Woollahra local government area.

Council and Police approval is required prior to a partial or full temporary road closure. If you are seeking a partial or full temporary road closure you must comply with the relevant conditions of this consent and you must also gain the approval of the Traffic Sergeant, Paddington Police Station, 16 Jersey Road, Paddington. Phone No.: (02) 8356-8299 or Fax No.: (02) 8356-8211.

Warning: If you partially or fully close a road without compliance with Council and Police requirements or park illegally Council Rangers or the Police can issue Penalty Infringement Notices or Court Attendance Notices leading to prosecution.


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J.4. Builders Licences Section 81A of the Act requires among other things that the person having the benefit of the development consent, if not carrying out the work as an owner-builder, must appointed a principal contractor for the building work who must be the holder of a contractor licence.

Further information can be obtained from the NSW Office of Fair Trading website about how you obtain or find a principal contractor (builder): http://www.dft.nsw.gov.au/building.html .

J.5. Building Standards - Guide to Standards and Tolerances The PCA does not undertake detailed quality control inspections and the role of the PCA is primarily to ensure that the development proceeds in accordance with this consent, Construction Certificates and that the development is fit for occupation in accordance with its classification under the Building Code of Australia. Critical Stage Inspections do not provide the level of supervision required to ensure that the minimum standards and tolerances specified by the “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8 are achieved.

The quality of any development is a function of the quality of the principal contractor’s supervision of individual contractors and trades on a daily basis during the development.

The NSW Office of Fair Trading has published a “Guide to Standards and Tolerances©” ISBN 0 7347 6010 8. The guide can be obtained from the Office of Fair Trading by calling 13 32 20 or by Fax: 9619 8618 or by post to: Marketing Branch, PO Box 972, Parramatta NSW 2124.

The Guide can be down loaded from: http://www.fairtrading.nsw.gov.au/pdfs/corporate/publications/dft242.pdf

Council does not adjudicate building contract disputes between the principal contractor, contractors and the owner.

J.6. Workcover requirements The Occupational Health and Safety Act 2000 and subordinate regulations, codes of practice and guidelines control and regulate the development industry. Further information can be obtained from Workcover NSW’s website: http://www.workcover.nsw.gov.au/Industry/Construction/default.htm or through their head office:

Location: Workcover NSW, 92-100 Donnison Street, GOSFORD 2250

Postal address: WorkCover NSW, Locked Bag 2906, LISAROW 2252

Phone (02) 4321 5000

Fax (02) 4325 4145

J.7. Asbestos Removal, Repair or Disturbance Anyone who removes, repairs or disturbs bonded or a friable asbestos material must hold a current removal licence from Workcover NSW.


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Before starting work, a work site-specific permit approving each asbestos project must be obtained from Workcover NSW. A permit will not be granted without a current Workcover licence.

All removal, repair or disturbance of or to asbestos material must comply with:

(a) The Occupational Health and Safety Act 2000;

(b) The Occupational Health and Safety Regulation 2001;

(c) The Code of Practice for the Safe Removal of Asbestos [NOHSC: 2002 (1998)];

(d) The Guide to the Control of Asbestos Hazards in Buildings and Structures [NOHSC: 3002 (1998)] http://www.nohsc.gov.au/ ]; and

(e) The Workcover NSW Guidelines for Licensed Asbestos Removal Contractors.

Note: The code of practice and guides referred to above are known collectively as the Worksafe Code of Practice and Guidance Notes on Asbestos. They are specifically referenced in the Occupational Health and Safety Regulation 2001 under Clause 259.

Under the Occupational Health and Safety Regulation 2001, the Worksafe Code of Practice and Guidance Notes on Asbestos are the minimum standards for asbestos removal work.

Note: Council does not control or regulate the Worksafe Code of Practice and Guidance Notes on Asbestos. You must make yourself aware of the requirements by visiting www.workcover.nsw.gov.au or one of Workcover NSW’s offices for further advice.

J.8. Lead Paint It is beyond the scope of this consent to provide detail about dealing with lead paint. Painters working in an area containing lead-based paint should refer to Australian Standard AS 4361.1–1995, Guide to Lead Paint Management—Industrial Applications, or AS 4361.2–1998, Guide to Lead Paint Management—Residential and Commercial Buildings.

Industrial paints, may contain lead. Lead is used in some specialised sign-writing and artist paints, and road marking paints, and anti-corrosive paints. Lead was a major ingredient in commercial and residential paints from the late 1800s to 1970. Most Australian commercial buildings and residential homes built before 1970 contain lead paint. These paints were used both inside and outside buildings.

Lead hazards - Lead particles are released when old lead paint flakes and peels and collects as dust in ceiling, wall and floor voids. If dust is generated it must be contained. If run-off contains lead particles it must be contained. Lead is extremely hazardous, and stripping of lead-based paint and the disposal of contaminated waste must be carried out with all care. Lead is a cumulative poison and even small levels in the body can have severe effects.

J.9. Free Parking Area Agreement Further information can be obtained from Council’s Manager Compliance and from the Department of Local Government:

http://www.dlg.nsw.gov.au/Files/Information/parking.pdf Cross Reference: Condition F.23, Advising J.9


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J.10. Decommissioning of fire protection systems Decommissioning of any Halon extinguishers and fixed flooding systems must be carried out by a technician authorised under the Ozone Protection Act 1989.

Yellow portable fire extinguishers contain halon. From 31 December 1995, use or possession of these extinguishers without approval has been illegal.

J.11. Decommissioning of refrigeration or air conditioning equipment Decommissioning of any refrigeration or air conditioning equipment must be carried out by an authorised person under the Ozone Protection Act 1989, with any fluorocarbon refrigerant recovered in accordance with the requirements of the Ozone Protection Regulation 1997.

J.12. Appeal Council is always prepared to discuss its decisions and, in this regard, please do not hesitate to contact:

• Brett Daintry, Manager Development Control on (02) 9391 7081

However, if you wish to pursue your rights of appeal in the Land & Environment Court you are advised that Council generally seeks resolution of such appeals through a Section 34 Conference, instead of a full Court hearing.

This approach is less adversarial, it achieves a quicker decision than would be the case through a full Court hearing and it can give rise to considerable cost and time savings for all parties involved. The use of the Section 34 Conference approach requires the appellant to agree, in writing, to the Court appointed commissioner having the full authority to completely determine the matter at the conference.

J.13. Release of Security An application must be made to Council by the person who paid the security for release of the securities held under section 80A of the Act.

The securities will not be released until Council has inspected the site and is satisfied that the works have been carried out to Council’s requirements. Council may use part or all of the security to complete the works to its satisfaction if the works do not meet Council’s requirements.

Council will only release the security upon being satisfied that all damage or all works, the purpose for which the security has been held have been remedied or completed to Council’s satisfaction as the case may be.

Council may retain a portion of the security to remedy any defects in any such public work that arise within 6 months after the work is completed.

Upon completion of each section of road, drainage and landscape work to Council's satisfaction, 90% of the Bond monies held by Council for these works will be released upon application. 10% will be retained by Council for a further 6 month period and may be used by Council to repair or rectify any defects or temporary works during the 6 month period. Note: The Application for Refund of Security form can be downloaded from http://www.woollahra.nsw.gov.au/pdf/Forms/Planning/RefundofSecurity.pdf



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K. Schedule 1 – Approved Plans Reference Issue Date Author ADA 99036.0100 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036.0101 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd






ADA 99036.0107 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd







ADA 99036.A101 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036.A102 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd













ADA 99036. AD0101 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036.B101 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036.B102 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd







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Reference Issue Date Author ADA 99036.B202 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd












ADA 99036.C101 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd

ADA 99036. C101M Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd

ADA 99036. C101S Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd

ADA 99036. C102 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036.C103 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd






















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Reference Issue Date Author ADA 99036.C306 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd










ADA 99036.D101 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd









ADA 99036.D401 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd




ADA 99036.E101 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd

ADA 99036.E102 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd







DA 02003.G101 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd







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Reference Issue Date Author DA 02003.G107 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd








DA 02003.G302 Issue M Sept 2003 Alexander Tzannes Associates Pty Ltd

DA 02003.G401 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd



ADA 99036.P101 Issue O Feb 2004 Alexander Tzannes Associates Pty Ltd

ADA 99036.P102 Issue N Feb 2004 Alexander Tzannes Associates Pty Ltd

ADA 99036.P103 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036.ST00 Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036. ST01A Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036. ST01A (1) Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036. ST01B (2) Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd



ADA 99036. ST01C Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036. ST01D Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd


ADA 99036. ST02B Issue M Oct 2003 Alexander Tzannes Associates Pty Ltd








ADA 99036. 0501, (Building A)

Issue L Oct 2003 Alexander Tzannes Associates Pty Ltd

ADA 99036. 0501, (Building B)


ADA 99036. 0501, (Building C)



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Reference Issue Date Author ADA 99036. 0501 (Building D+E)


ADA 99036. 0501 (Building G)


NS 646 DA01 Issue E Sept 2003 Clouston Associates



NS 646 DA04 Issue B Oct 2003 Clouston Associates







NS 646 DA11 Issue E Oct 2003 Clouston Associates




03199 S1.00 Issue 3 Aug 2003 Robert Bird & Partners

03199 S1.01 Issue 3 Aug 2003 Robert Bird & Partners

03199 C01 Issue 12 April 2003 Robert Bird & Partners

03199 C03 Issue 2 Sept 2003 Robert Bird & Partners

SKC-101 Issue 6 June 2003 Robert Bird & Partners

SKC-102 Issue 6 Aug 2003 Robert Bird & Partners

SKC-103 Issue 6 Sept 2003 Robert Bird & Partners

2344 DA-H-00 Issue A Oct 2003 Warren Smith & Partners














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Reference Issue Date Author 2344 DA-H-13 Issue A Oct 2003 Warren Smith & Partners


9467 DA M01 Revision A3 Oct 2003 Simpson Kotzman



9467 DA M04 Revision A3 Sept 2003 Simpson Kotzman





9467 DA E01 Revision A3 Nov 2003 Simpson Kotzman




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L. Schedule 2 – Modification of details of the development required by conditions C.2

L.1. Urban Design Colour Scheme A varied colour scheme, both for the development and to modulate the buildings within it, is to be developed.

Roof Elements The rooftop plant and related acoustic screens must be simplified and controlled to limit their visual impact.

Building C1 (a) Patterson Street Façade:

The base of the building along Patterson Street must have a robust quality finish.

The lower awning over entries must align with a horizontal projection along the blank supermarket wall, to break down its scale.

The design of the residential entry facades should coordinate the entry, the fire escape and the awning as one composition.

The design of the stair/lift towers above the lobbies are to be constructed in accordance with the section C1 Dwg C303.

(b) Kiaora Lane:

The finishes of the Kiaora Lane/ Kiaora Road corner cladding are to be nominated and must return as far as the loading dock gates.

L.2. Crime Prevention Lighting Lighting in the basement carpark must be designed and implemented to comply with AS/NZS 1680.

Ceilings are to be painted white to reflect light.

External pedestrian lighting must be designed and implemented to comply with AS 1158.

Directional signage Signage is to be provided within the basement car park (Levels 1 and 2) as to the location of vehicular and pedestrian exits. This signage is to provide directions to facilities accessed from each exit.

Similarly, signage is to be provided within the development advising of locations of pedestrian access to the public car park.

Car park ramp corrugations The car park ramps are to be corrugated to deter use by skateboarders.

Fire exits


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All retail occupancy fire exit doors must be designed such that when opened they trigger an audible security alarm.

L.3. Compliance with controls Setbacks The loggia to the rear of Building D is to be deleted to maintain privacy and solar access to the Court Road properties.

L.4. Energy efficiency and water conservation Water conservation Water saving showerheads, dual flush WCs and AAA rated appliances must be fitted to all dwellings within the development to reduce water consumption and promote energy efficiency.

Energy efficiency The development must be constructed so that each dwelling achieves a performance rating of 3.5 stars (NatHERS or equivalent).

All appliances supplied to apartments are to have a minimum of 3 star rating.

L.5. Environmentally sustainable building materials The use of building materials with the following characteristics are encouraged:

With low embodied energy

That are durable

That are recycled or able to be recycled

That are sourced from renewable resources or materials

That are non-polluting in manufacture, use and in disposal

That are non-toxic, do not “outgas”, and contribute to healthy indoor air quality.

The use of rainforest timbers and timbers from old growth forests is discouraged.

The use of bulk and/or reflective insulation to walls, ceiling and roofs is recommended.

Appendix S Recommended Conditions of Consent

Documents

Transcript of Appendix S Recommended Conditions of Consent