Georges River Biodiversity Conditions

83. On-going Operational Waste Management (a) The applicant must allow bin storage at the following ratios: i. 120L general waste per unit per week – equivalent to: 21 x 240L general waste bins per week, serviced once weekly, OR 8 x 660L general waste bins per week, serviced once weekly, OR 5 x 1,100L general waste bins per week, serviced once weekly, Ref: DA2024/0612 Page 43 of 52 ii. 120L recycling per unit per week – equivalent to: 21 x 240L general waste bins per week, serviced once weekly, OR 8 x 660L general waste bins per week, serviced once weekly, OR 5 x 1,100L general waste bins per week, serviced once weekly, iii. 120L organics per unit per week equivalent to: 17 x 240L organic…

7. The proposed development is considered unacceptable pursuant to the provisions of s4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as there are numerous inconsistencies with the Apartment Design Guide pursuant to Clause 28(2)(c) of State Environmental Planning Policy No 65 ‐ Design Quality of Residential Apartment Development (‘SEPP 65’) which result in an unsatisfactory impact to amenity, adjoining properties and the streetscape, including the following: (a) Part 3C: Public Domain Interface in that there are limited opportunities for casual surveillance of the street from the residential lobby areas due to the long, recessed nature of the corridors from the street…

9. The proposed development is considered unacceptable pursuant to the provisions of s4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 as the proposal is inconsistent with the Hurstville Development Control Plan No 2 in that: (a) The proposal is inconsistent with the urban design principles of Section 8.3.1 since: (i) The proposed development does not achieve design excellence (Objective (a)); (ii) The proposal does not provide visually interesting or appealing facades (Objective (b)); (iii) The proposal does not address the context of the site in that the building form is not sufficiently articulated or have adequate upper level setbacks (Objective (c)); (iv) The…

10. Ausgrid Requirements There is an existing kiosk style electricity substation that may be impacted by the proposed construction. Subsidence and vibration must be minimised at the substation site. The use of ground anchors under a substation is generally not permitted due to the presence of underground cabling and earthing conductors which may be more than 10 metres deep. A further area of exclusion may be required in some circumstances. The substation ventilation openings, including substation duct openings and louvered panels, must be separated from building air intake and exhaust openings, natural ventilation openings and boundaries of adjacent allotments, by separation distances which…

12. Notice of Requirements for a Section 73 Certificate - A Notice of Requirements of what will eventually be required when issuing a Section 73 Compliance Certificate under the Sydney Water Act 1994 <http://legislation.nsw.gov.au/> must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the ‘Plumbing, building and developing’ section of the web site www.sydneywater.com.au <http://www.sydneywater.com.au> then refer to ‘Providers’ under ‘Developing’ or telephone 13 20 92 for assistance. Following application, a ‘Notice of Requirements’ will advise of water and sewer infrastructure to be built and charges to…

7. Notice of Requirements for a Section 73 Certificate - A Notice of Requirements of what will eventually be required when issuing a Section 73 Compliance Certificate under the Sydney Water Act 1994 <http://legislation.nsw.gov.au/> must 4 be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the ‘Plumbing, building and developing’ section of the web site www.sydneywater.com.au <http://www.sydneywater.com.au> then refer to ‘Providers’ under ‘Developing’ or telephone 13 20 92 for assistance. Following application, a ‘Notice of Requirements’ will advise of water and sewer infrastructure to be built and charges to…

9. Notice of Requirements for a Section 73 Certificate (GOV8.13) A Notice of Requirements of what will eventually be required when issuing a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Co-ordinator. Please refer to the ‘Plumbing, building and developing’ section of the web site www.sydneywater.com.au then refer to ‘Providers’ under ‘Developing’ or telephone 13 20 92 for assistance. Following application, a ‘Notice of Requirements’ will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Co-ordinator,…

2. The proposed development is considered unacceptable pursuant to the provisions of s4.15(1)(a)(i) of the Environmental Planning and Assessment Act 1979 as the building height, comprising the lift overruns, is inconsistent with the Georges River Local Environmental Plan 2021 in that it adds unnecessary bulk and scale to the proposal and the visual impact of the proposed height variation is considered to be unacceptable since some of the lift overruns and plant equipment are not located centrally on the roof, particularly for Buildings B and C, which can be readily perceptible from the public domain. The proposal is inconsistent with: (a) Clause 1.2(2)(f) in that the proposal does not…

11. The proposed development is considered unacceptable pursuant to the provisions of s4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 as the proposal is inconsistent with Section 5.3.14 of the Hurstville Development Control Plan No 2 in that the proposal is inconsistent in relation to the Crime Prevention Through Environmental Design controls since there are areas which offer potential concealment opportunities including: (a) A number of blind corners in the basement and the ground floor levels (b) Storage and garbage areas in basement levels 1‐3; (c) Areas of the ground floor façade between Building B and the vehicle entry ramp on the ground floor and between the…

10. The proposed development is considered unacceptable pursuant to the provisions of s4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 as the proposal is inconsistent with the waste management objectives and requirements of Section 6.2.4 Waste Minimisation and Management of the Hurstville Development Control Plan No 2 in that the proposed waste management arrangements are unacceptable and do not adequately demonstrate compliance with the requirements including: (a) The proposed bin storage rooms for each building do not appear to provide the number of waste, recycling and FOGO bins required for the proposal; (b) The access and travel distances to the collection point…

91. Amenity of the neighbourhood (ONG14.27) The implementation of this development shall not adversely affect the amenity of the neighbourhood or interfere unreasonably with the comfort or repose of a person who is outside the premises by reason of the emission or discharge of noise, fumes, vapour, odour, steam, soot, dust, waste water, waste products, grit, oil or other harmful products. Reason: To protect the neighbourhood amenity. 91A. Operation of Plan of Management (POM) The use must always be operated / managed in accordance with the Plan of Management (POM) approved by Council under Condition 69A. In the event of any inconsistency, the conditions of this consent will prevail over the…

79. Slip Resistance (OCC12.35) At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2004: Slip resistance measurement of existing pedestrian surfaces. Proof of compliance must be submitted with the application for the Occupation…

79. Slip Resistance (OCC12.35) At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any commercial/retail/residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2004: Slip resistance measurement of existing pedestrian surfaces. Proof of compliance must be submitted with the application for the Occupation…

12. The proposed development is considered unacceptable pursuant to the provisions of s4.15(1)(a)(iii) of the Environmental Planning and Assessment Act 1979 as the proposal is inconsistent with the landscaping and deep soil requirements of the Hurstville Development Control Plan No 2 including: (a) Section 5.3.16 in that there is insufficient podium planting depth for the proposed landscaping regime; (b) Section 8.3.3.7 in that the proposed deep soil zone is not provided along the northwest boundary adjoining Building A; and (c) Section 8.3.3.8(b) in that the proposed canopy cover required to compensate for the loss of trees on the site for the proposal has not been provided, with the…

66. Tree Protection The tree protection measures must be implemented throughout the relevant stages of construction in accordance with Section 4 - Australian Standard AS 4970-2009: Protection of trees on development sites. The following trees must be protected in accordance with the conditions of consent throughout the construction and development (as outlined in the Arboricultural Impact Assessment prepared by Sydney Landscape Consultants dated 22 June 2023 Version V2 for tree numbering and location only). Tree No. Species Location 1, 2, 3, 4, 5, Lophostemon confertus Plimsoll Street trees 6, 7 (Bruch Box) 8, 9, 10 Tristaniopsis laurina (Water Wellington Street trees Gum) Reason: To ensure…

51. Slip Resistance - At completion of work an in-situ (on-site) test, in wet and dry conditions, must be carried out on the pedestrian floor surfaces used in the foyers, public corridors/hallways, stairs and ramps as well as the floor surfaces in wet rooms in any residential units to ascertain the actual slip resistance of such surfaces taking into consideration the effects of grout, the gradients of the surface and changes from one material to another. The in-situ test must be carried out in accordance with AS/NZS 4663:2002. Proof of compliance must be submitted to the Crown Certifier prior to occupation.

102. Food premises – Removal of waste and prevention of offensive Garbage Odour (EHF0029) and (ONG14.46) A waste contractor must be engaged to remove all waste from the garbage storage area on a regular basis so to eliminate the overflow of rubbish. Practical measures are also to be taken to ensure that odour emission from the garbage storage area does not cause offensive odour as defined under the provision of the Protection of the Environment Operations Act, 1997 (NSW) (as amended). Reason: To protect the neighbourhood amenity and maintain public health.

102. Food premises – Removal of waste and prevention of offensive Garbage Odour (EHF0029) and (ONG14.46) A waste contractor must be engaged to remove all waste from the garbage storage area on a regular basis so to eliminate the overflow of rubbish. Practical measures are also to be taken to ensure that odour emission from the garbage storage area does not cause offensive odour as defined under the provision of the Protection of the Environment Operations Act, 1997 (NSW) (as amended). Reason: To protect the neighbourhood amenity and maintain public health.

13. The proposed development is considered unacceptable pursuant to the provisions of Section 4.15(1)(e) of the Environmental Planning and Assessment Act 1979 as the proposal is not in the public interest as it is inconsistent with numerous planning controls in relation to the adverse impacts on the streetscape and amenity of immediately adjoining properties. The proposal also lacks good urban design and will negatively affect the character and nature of the neighbourhood.

17. Construction Management Plan Prior to the issue of the Construction Certificate, a final Construction Management Plan (consistent with the approved plans) is required which outlines: (a) Construction equipment, staging and timing information; and (b) All of the required mitigation measures recommended in the Aquatic Ecology and Sediment Quality Assessment prepared by Advisian dated July 2023. Reason: To ensure the development minimises impacts on the environment.

8. The proposed development is considered unacceptable as the proposal is inconsistent with the objects of the Environmental Planning and Assessment Act 1979 pursuant to Section 1.3 in that the proposed built form, including the proposed height of the building, does not promote good design and is incompatible with the character of the area contrary to Object (g).