Bayside Biodiversity Conditions

3. The waste generated on site during construction must be classified in accordance with the Environment Protection Authority’s Waste Classification Guidelines, 2014 (as amended from time to time) and disposed of to an approved waste management facility or otherwise lawfully managed. If waste has been removed from the site where the waste is under an Environment Protection Authority Resource Recovery Order or Exemption, records in relation to and required by that Order or Exemption must be maintained and provided to the principal certifier and council. Condition reason: To require records to be provided, during site work, documenting the lawful disposal of waste. DA-2024/293 60 91…

2. Compliance with AS2890.2 to commercial vehicles not Commercial (Service) Vehicle exceeding the size and Parking: mass description of the a. Loading and unloading HRV from AS2890.2:2018, within the site shall be and designed and be b. The design of the parking restricted to facility (including commercial vehicles driveways/access not exceeding the size ramps/vehicular crossings and mass description of etc.) shall conform with the HRV and 17m AV Australian Standards from AS2890.2:2018, and Existing condition Proposed change Comments from applicant Comments from Council AS2890.2:2018 along the b. The design of the travel path of the service parking facility vehicles, and (including c. All…

35. Ausgrid The following is imposed by Ausgrid and must be complied with: Ausgrid Underground Cables are in the vicinity of the development Special care should be taken to ensure that driveways and any other construction activities do not interfere with existing underground cables located in the footpath or adjacent roadways. It is recommended that the developer locate and record the depth of all known underground services prior to any excavation in the area. Information regarding the position of cables along footpaths and roadways can be obtained by contacting Dial Before You Dig (DBYD). In addition to DBYD the proponent should refer to the following documents to support safety in design…

174. Landscape – Maintenance a) The landscaped areas on the property / site shall be maintained in accordance with any approved landscape plans and Council’s Development Control Plan. The landscaped areas shall be maintained in a clean and tidy state and with a dense, even coverage of plants to Council’s satisfaction at all times, and b) All deep soil areas and front setback deep soil areas shall preserve the planted trees at all times as indicated in approved landscape plans at all times. Dead or declined trees shall be replaced with same trees as specified in approved plans. Replacement of planting material, including trees as indicated in approved landscape plan, with an alternative tree…

1. Sydney Airports Corporation separate approval for a crane is to), which will also has approved the development required should the it need to exceed include crane use. to a maximum height of 30.2 the height of 30.2m AHD. This is Existing condition Proposed change Comments from applicant Comments from Council critical information that is missing from The approved height of 30.2 the condition. metres AHD is inclusive of all vents, chimneys, aerials, TV antennae and construction cranes etc. No permanent or temporary structure is to exceed this height without further approval from Sydney Airport Corporation Limited. Note: Under Section 186 of the Airports Act 1996, it is an offence not to…

26. Tree Protection/Removal/Management (a) Tree numbers 8 to 13 located within the site are to be retained protected witha Tree Protection Zone (TPZ). The appointment of a project Arborist to supervise and certify works throughout the construction process as specified in Appendix 7 of the Naturally Trees Arborist Report is recommended. (b) Consent is granted for the removal of the following three (3) trees:­ Tree no. 14 – Cinnamomum camphora (Camphour Laurel), Tree no. 15 – Cinnamomum camphora (Camphour Laurel), and Tree no. 16 – Syzygium sp.( Lilli Pilli). (c) A sign is to be erected on the tree protection fences of the trees to be retained that the trees are covered by Council's tree…

24. Payment of Section 24. Payment of Section 7.11 This condition should NOW CONDITION 107 7.11 Contributions Contributions be a ‘prior to issue of the relevant Agreed, will be moved to Prior to Occupation A Section 7.11 contribution of A Section 7.11 contribution of occupation certificate Certificate milestone $7,700,000.00 shall be paid $7,700,000.00 shall be paid to or commencement of to Council. The contribution is Council. The contribution is calculated use’ condition. calculated according to the according to the provisions contained As this development is provisions contained within within Council's adopted Former City subject to a Planning Council's adopted Former of Botany Bay s7.11…

112. Site Fencing and Hoarding A hoarding or fence shall be erected between the work site and the public place when the work involved in the erection or demolition of a building: a) is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or b) building involves the enclosure of a public place. 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 part of the structure is greater than twice the height of the structure. The hoarding must be constructed of solid…

45. Design of the Private NOW CONDITION 49 Road Prior to the issue of any relevant Not related to Prior to the issue of any Construction Certificate entailing any excavation or Agreed, amendment will be made. Construction Certificate works above basement levels, the basement works. entailing any works above detailed design (civil, lighting and Design of private road basement levels, the detailed landscape design) of the private road is relevant to the design (civil, lighting and is to be assessed and approved by above ground works. landscape design) of the Bayside Council Director of City private road is to be assessed Futures (or delegate). A signage and and approved by Bayside line…

82. Plan of Management The approved Plan of Management (as referred to in condition 1) shall be complied with at all times, and is subject to the following additional requirements: a) Section 3.2 is amended to indicate that the service of alcohol is permitted in external areas, but only in accordance with the liquor license. b) Section 5.2 is amended to require that: i. Courtyard bookings will not be taken for seatings beginning later than 4pm, unless it can be demonstrated that total capacity of the courtyard will not exceed 12 patrons after 6pm. ii. At 4pm each day, if more than 12 patrons occupy the courtyard, staff will take steps to ensure fewer than 12 patrons will occupy the…

45. Payment of Section 7.11 Contributions A Section 7.11 contribution of $4,480,000.00 shall be paid to Council. The contribution is calculated according to the provisions contained within Council's adopted Former City of Botany Bay s7.11 Development Contributions Plan 2016 (Amendment 1) and having regard to the Ministerial Directive of 21 August 2012 (the $20,000 cap). The amount to be paid is to be adjusted at the time of payment, in accordance with the review process contained Contributions Plan. The contribution is to be paid prior to the issue of any Occupation Certificate. The contributions are only used towards the provision or improvement of the amenities and services identified…

62. General Landscape Conditions Not relevant to this DA. NOW CONDITION 65 (c) The front setback area of each (c) The front setback area This was for townhouse shall remain as deep soil and of each townhouse shall remain Townhouses. Agreed, this section will be deleted. no structures, other than access and as deep soil and no structures, fencing shall be provided within this front other than access and fencing setback area. At least one tree in scale shall be provided within this with the built form with be present in the front setback area. At least one front setback of each townhouse. tree in scale with the built form with be present in the front setback of each townhouse. (d) All public…

40. Safer by Design Requirements To maximise security in and around the development the following shall be incorporated into the development. Details for the following are to be approved by the Principal Certifier prior to the issue of the relevant Construction Certificate, implemented prior to issue of the Occupation Certificate, and maintained for the lifetime of the development: (a) Monitored CCTV facilities shall be implemented throughout the development. Areas of focus include the main entry areas to the development and garbage / storage areas, and (b) A lighting maintenance policy shall be established for the development. Lighting shall be designed to the Australian and New Zealand…

48. Design Excellence To ensure design excellence is achieved, as required by Cl6.10 of Bayside Local Environmental Plan 2021 prior to the issue of the relevant Construction Certificate and any public domain works, the following must be prepared by the registered architect commissioned for the construction of the project: a) Two (2) sample boards containing original samples and swatches of all external materials and colours including: i) Wall and roof cladding, and ii) Columns within front setback to the Princes Highway if required, and iii) Balustrading, and iv) Louvres, and v) Glazing, and vi) Window edge treatments, and vii) Paving/surface in front setback areas, and viii) Driveway, and…

26. Design Excellence NOW CONDITION 30 b) Full coloured b) Full coloured elevational Scale 1:10 is too big elevational details at a details at a minimum scale of 1:10 for elevations. Agreed, amendment will be made minimum scale of 1:10; 1:100; c) Sections through Agreed, amendment will be made relevant façade elements, public domain stairs, planter boxes at a minimum scale of 1:10 The boards, elevations and sections Not related to required by this condition and referred excavation or The boards, elevations and in Condition 2 shall be reflected in the basement works. The sections required by this relevant Construction Certificate design excellence for condition and referred in entailing any…

3. The HPC must be paid before the issue first construction certificate in relation to the development, or before the commencement of any work authorised by this consent (if no construction certificate is required). However, if development is any of the kinds set out in the table below, the total housing and productivity contribution must be paid as set out in the table: Development Time by which HPC must be paid Development consisting only of Before the issue of the first residential subdivision within the subdivision certificate meaning of the HPC Order High-density residential Before the issue of the first development within the meaning of strata certificate the HPC Order for which no…

46. Detailed Design of NOW CONDITION 50 Open Space 2 Prior to the issue of any relevant Not related to Not Agreed. This condition is already worded as Prior to the issue of any Construction Certificate entailing any excavation or such that it only relates to the CC for works Construction Certificate works above basement levels, a basement works. This above basement levels. entailing any works above Landscape, Electrical & Civil Design will be the last basement levels, a shall be prepared for open space 2. landscaping item due Landscape, Electrical & Civil The design must be submitted to, and in 3 years. Design shall be prepared for approved by, the Bayside Council open space 2. The design…

9. Provide soil depths and soil volumes of all planting areas. Ensure this is consistent with landscape proposal and conditions, as well as aligned with Minimum Soil depths for plant types as recommended in 2.2.8 of the Bayside Landscape Technical Specification. The plans and sections approved in this condition must be reflected in the construction certificate issued by the Certifier. Condition reason: To ensure compliance with landscape requirements from relevant policies. 45 Detailed Landscape Plan for Construction Certificate Prior the issue of the relevant Construction Certificate, detailed landscape plans must be submitted to, and approved by, the Director of City Futures (or delegate)…

84. Property Address Allocation Prior to the issue of the relevant construction certificate for the development an application for street addresses Property Address Allocation and associated fee shall be submitted to Council for each individual dwelling within the development in accordance with Section 5.2 of the NSW Address Policy and User Manual dated May 2021. The form is available for download at: https://www.bayside.nsw.gov.au/sites/default/files/2022- 06/Property%20Address%20Allocation.PDF Bayside Council Page 50 of 87 DA-2024/169 Derivation and production of address data components is governed by the NSW Address Policy and User Manual May 2021 to ensure consistency of application.…

80. Provision of Detailed Plans for Construction Certificate Application Before the issue of the relevant construction certificate, detailed plans must be prepared by a suitably qualified person and provided to the Certifier for approval that are consistent with the plans and documentation approved under this consent. Detailed plans must also show the following:

92. The premises shall be registered with the NSW Food Authority by the proprietor of the food business by completing the registration form available online at www.foodnotify.nsw.gov.au/nafsis/ and providing documentary evidence to the Principal Certifying Authority of the completion of this notification with the Food Authority.

1. SafeWork NSW requirements – An appropriately licensed asbestos removalist must complete all asbestos works if they consist of the removal of more than 10m2 of bonded asbestos and/or any friable asbestos;

2. The landscape setbacks around the periphery of the site shall include a dense layered planting scheme consisting of trees, shrubs and / or groundcovers in all of these areas.

4. Pedestrian access REASON To ensure that detailed Construction Certificate plans are consistent with the approved plans and supporting documentation.