Hornsby Biodiversity Conditions

89. Electrolysis Prior to the issue of a Construction Certificate, the Applicant must incorporate in the development all the measures recommended in the Electrolysis Risk Report (CCE Ref: W21460/NSW-P000675, Revision 0) prepared by Corrosion Control Engineering dated 5 November 2021. A copy of the electrolysis report is to be provided to the Certifier with the application for a Construction Certificate. Prior to issuing a Construction Certificate for the development, the Certifier must ensure that the recommendations of the electrolysis report are incorporated in the construction drawings and documentation. - END OF CONDITIONS - ADVISORY NOTES The following information is provided for your…

4. The Project ecologist is also responsible for the following: a. Biodiversity management and mitigation strategies for pre-construction, construction and post-construction activities including environmental control measures for any preclearing process, fauna surveys and relocations. b. Implementation of the Vegetation Management Plan (VMP) and monitoring of bush regeneration contractors to implement VMP works. c. Ensuring that the Mountain Bike Track network is designed to include installation of rock armouring and drainage features to mitigate erosion and soil degradation. Materials used in the construction and operational maintenance phases are to be free of any potential invasive…

16. Tree Protection Barriers/Tree Protection Measures (Mod B & C) Site perimeter fencing must be erected prior to the placement of Tree protection fencing. Tree Protection Zones (TPZ) are to be fenced in accordance with AS 4970-2009 (Section 4) at the distances as listed in the table below and the fencing must be constructed of 1.8 metre ‘cyclone chainmesh fence’ TREES TPZ T3 6m T49 8.4m T51, T52 10.8m T53 9.6m Tree Group B as identified in Landscape Plan No.1 prepared 7.2m by Michael Zinn dated December 2010. A certificate from the project Arborist (AQF 5) is to be submitted to the Principal Certifying Authority stating that all tree protection measures are in accordance with the above…

1. Deferred Commencement (Mod B) Pursuant to Section 80(3) of the Environmental Planning and Assessment Act 1979, this consent does not operate until the following information is submitted to Council: a) Documentary evidence must be provided that a licence has been granted under the Water Industry Competition Act 2006 (WICA) for the design, installation and operation of the proposed on-site sewage management system or, alternatively, evidence that a licence is not required by the NSW Independent Pricing and Regulatory Tribunal. b) Details of the on-site sewage management system (WICA approved, if applicable), including but not limited to: i. Scaled site plan of the proposed system including…

5. The Construction Certificate plans must be consistent with the Development Consent plans. Reason: To ensure that detailed construction certificate plans are consistent with the approved plans and supporting documentation. Retaining Walls To ensure the stability of the site, structural details of all required retaining walls must be submitted with the application of the Construction Certificate. Reason: To ensure the stability of the site and adjoining properties. BEFORE ISSUE OF A CONSTRUCTION CERTIFICATE Condition Building Code of Australia Detailed plans, specifications and supporting information is required to be submitted to the certifying authority detailing how the proposed…

77. Landscaping Assessment The intent of measures is to minimise the risk of bush fire attack and provide protection for emergency services personnel, residents and others assisting firefighting activities. To achieve this, the following conditions shall apply: 45 a) Landscaping of the site should comply with following principles of Appendix 4 of Planning for Bush Fire Protection 2019: b) Suitable impervious areas are provided immediately surrounding the building such as courtyards, paths and driveways. c) Grassed areas, mowed lawns or ground cover plantings are provided in close proximity to the building. d) Planting is limited in the immediate vicinity of the building. e) Planting does…

33. Installation of Tree Protection Measures (modified - Mod B) To protect the health and longevity of trees to be retained as identified in the Tree Protection Plan, prepared by Tree Wise Men, dated 16 September 2021 any trees to be retained within, or immediately adjacent to, each stage of works as described in Condition 57A of this Consent, must have tree protection measures for the ground, trunk and canopy installed by the project arborist as follows: a) Tree protection fencing for the trees to be retained must be installed by the engaged AQF 5 project arborist and consist of 1.8m high temporary fencing panels installed in accordance with Australian Standard AS4687-2007 Temporary…

61. Restriction on Occupation - Housing for Seniors or People with a Disability (Mod B) A restriction as to user must be created under s88BE of the Conveyancing Act 1919 and registered, requiring the dwellings approved under this consent to be solely used for the accommodation of: a) Seniors (55+ age) or people with a disability. b) People who live within the same household as seniors or people with a disability. c) Staff employed to assist the administration and provision of services to housing provided under SEPP (Housing for Seniors or People with a Disability) 2004. Note: The restriction must nominate Council as the authority to release, vary or modify the restriction. 36 OPERATIONAL…

7A, 8A, 15g), 27, 28, 29, 29A, 58, 68, 71, 73, 74, 75, 78, 79, 80, 81, 82, Conditions Deleted: 83, 84, 90, 91, 92, 95, 96, 97, 100, 103, 104, 105, 106 Conditions Modified: 3, 4, 18a), 23, 24, 25, 76, 85, 102 DEFERRED COMMENCEMENT Integrated Bushfire and Vegetation Management Plan a) An Integrated Bushfire and Vegetation Management Plan shall be prepared for the Sydney Turpentine-Ironbark Forest and Blackbutt Gully Forest areas identified on Figure 1 - ‘Vegetation communities and proposed offset areas within the subject site’, prepared by Cumberland Ecology and annexed to the letter from Cumberland Ecology to Zhiva Living Dural Pty Ltd dated 16 October 2020 titled ‘Future Proposed Ecological…

45. Bushland Protection During Construction (modified - Mod B) To ensure the protection of bushland during construction relevant to each of Stages 1, 2, 3, 4 and 5, the applicant must: a) install tree protection fencing as required by this consent; and b) clean machinery of soil and debris before entering the site to prevent the spread of weeds and fungal pathogens. Note: The site contains Blue Gum High Forest which is listed as an ‘Endangered Ecological Community’ under the ‘Threatened Species Conservation Act 1995’. The Act prohibits the disturbance to threatened species, endangered populations and endangered ecological communities, or their habitat, without the approval of the…

8. Adequate signage is to be provided and maintained on how to use the waste management system and what materials are acceptable for recycling within all waste disposal points and waste storage areas of the development. Signage is also to be provided and maintained which clearly identifies which bins (and containers) are to be used for general waste and recycling and what materials can be placed in each bin, and identifying where bulky waste is to be stored. Signage is also to be provided in locally appropriate culturally and linguistically diverse (CALD) community languages. Contact details for the site caretaker/cleaner/manager are to be provided at each waste disposal point (bin storage…

78. Emergency and Evacuation Planning Assessment (Mod B) The intent of measures is to provide suitable emergency and evacuation (and relocation) arrangements for occupants of special fire protection purpose developments. To achieve this, the following conditions shall apply: a) A Bush Fire Emergency Management and Evacuation Plan must be prepared and be consistent with the NSW RFS document: A Guide to Developing a Bush Fire Emergency Management and Evacuation Plan. b) The Bush Fire Emergency Management and Evacuation Plan should include planning for the early relocation of occupants. Note: A copy of the Bush Fire Emergency Management and Evacuation Plan should be provided to the Local…

72. Restriction on Occupation - Housing for Seniors or People with a Disability (modified - Mod B) Prior to issue an Occupation Certificate where relevant to each of Stages 1, 2, 3, 4 and 5, a restriction as to user must be created under s88E of the Conveyancing Act 1919 and registered, requiring the dwellings approved under this consent to be solely used for the accommodation of: a) Seniors (55+ age) or people with a disability b) People who live within the same household as seniors or people with a disability; and c) Staff employed to assist the administration and provision of services to housing provided under SEPP (Housing for Seniors or People with a Disability) 2004. Note: The…

8. Utility Services (Mod B) The applicant must submit written evidence of the following service provider requirements: a) Ausgrid (formerly Energy Australia) - a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development. b) Sydney Water - the submission of a ‘Notice of Requirements’ under s73 of the Sydney Water Act 1994. c) Telstra - a letter of consent demonstrating that satisfactory arrangements have been made to service the proposed development. Note: Sydney Water requires that s73 applications are to be made through an authorised Sydney Water Servicing Coordinator. Refer to www.sydneywater.com.au or telephone 13 20 92 for…

8. Accurate records of all truck movements to and from the development site, including but not limited to time of arrival and departure; purpose of trip i.e. importation of VENM/exportation of quarried product; load weight and vehicle registration number must be maintained; and true copies of these records shall be submitted to Council with the yearly Environmental Management Plan review report. Note: These requirements apply in addition to the requirements for submission to Council of tonnage reports per condition No. 6 of this consent) Reason: To ensure the development is carried out consistent with the submitted plans and documents and minimise amenity impacts on nearby residents.

3. Inconsistency Between Documents If there is any inconsistency between the plans and documentation referred to above, the most recent document shall prevail to the extent of any inconsistency. However, the conditions of this consent prevail to the extent of any inconsistency with any plans or documents listed above. (and where there is an inconsistency between the architectural drawings identified above and the conditions of this consent, the conditions of this consent prevail.) - reworded so delete this text Reason: To ensure certainty in relation to the approved plans and supporting documentation that apply to the development under this development consent.

3. Removal of Trees (modified - Mod B) This development consent permits the removal of 55 trees as identified in the “Attachment A Tree Schedule” and as identified on the Tree Protection Plan contained within the Arboricultural Impact Assessment prepared by Tree Wise Men, dated 16 September 2021 with tree removal permitted on a staged basis as described in Condition 57A and in accordance with the staging plans described in Condition 2 of this Consent. Note: The removal of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan 2024.

3. The approved plans Controls are to be monitored and adjusted where required throughout the works to ensure compliance with the above Note: On the spot penalties may be issued for any non-compliance with this requirement without any further notification or warning. If you are unsure in how to achieve compliance with this condition during works, you may need to engage the services of a suitably qualified environmental, soil or geotechnical consultant to assist. Reason: To minimise impacts on the water quality of the downstream environment. Installation of Tree Protection Measures

129. Verification of Biodiversity Preservation Commitments Before the issue of an occupation certificate for Stage 2, provide a report prepared by a suitably qualified person verifying that all commitments and harm minimisation measures required by the approved Biodiversity Management Plan (or biodiversity management measures in the Construction Site Management Plan) have been satisfied. Reason: To ensure that the required biodiversity management measures to avoid and minimise biodiversity impacts were implemented prior to the issue of an occupation or subdivision certificate.

81. Verification of Biodiversity Preservation Commitments Before the issue of an occupation certificate, provide a report prepared by a suitably qualified person verifying that all commitments and harm minimisation measures required by the approved Biodiversity Management Plan (or biodiversity management measures in the Construction Site Management Plan) have been satisfied. Reason: To ensure that the required biodiversity management measures to avoid and minimise biodiversity impacts were implemented prior to the issue of an occupation or subdivision certificate.

22. Appointment of a Project Arborist (modified - Mod B) a) To ensure the trees that must be retained are protected, a project arborist with AQF Level 5 qualifications must be appointed to assist in ensuring compliance with the conditions of consent and provide monitoring reports as specified by the conditions of consent related to each of Stages 1, 2, 3, 4 and 5. b) Details of the appointed project arborist must be submitted to Council and the PC with the relevant application for the construction certificate/subdivision works certificate.

43. Verification of Biodiversity Preservation Commitments Before commencement of quarry operations, provide a report prepared by the Project Ecologist and Bush Regenerator verifying that all commitments and harm minimisation measures required by the approved Biodiversity Management Plan and Environment Management Plan have been satisfied. Reason: To ensure that the required biodiversity management measures to avoid and minimise biodiversity impacts were implemented prior to the issue of an occupation or subdivision certificate.

1. The Applicant must retire the biodiversity credits for Offset Stages 1A, 1B, 2 prior to commencing native vegetation clearing in those stages as specified in Tables 1, 2 & 3 of the Biodiversity Credit Split letter for staging prepared by Ecological Australia dated 18 October 2024 and authored by Belinda Failes, Ecologist. The retirement of credits must be carried out in accordance with the Biodiversity Offsets Scheme of the Biodiversity Conservation Act, to the satisfaction of the Biodiversity Conservation Trust (BCT).

60. Ongoing Biodiversity Management Plan & Environment Management Plan During ongoing use, all commitments in the approved Biodiversity Management Plan (including the Vegetation Management Plan and Fauna Management Plan) and the approved Environmental Management Plan must be met. Reason: To ensure the required biodiversity management measures to avoid and minimise biodiversity impacts are implemented during and following the occupation of the site. - END OF CONDITONS - DA/820/2024 Pag e | 25

12. Emergency Site Contact A sign must be erected in a prominent location on the fencing/ gate that is clearly visible at the entrance to the site on the Sefton Road and Chilvers Road frontages displaying contact details (including name, current mobile phone number and a valid email address) of the person nominated as the emergency site contact. Reason: To assist emergency services attending the site and for the information of residents of the local area. DA/14/2024 Pag e | 5

36. Vegetation Removal - Fauna Management Prior to the clearing of any vegetation and/or the demolition of any structures associated with the development, a Fauna Management Plan (FMP) must be submitted to Council Planning Division (devmail@hornsby.nsw.gov.au) for written approval in accordance with the Biodiversity Management Plan v6 prepared by EcoLogical Australia, dated 12 July 2024. The FMP must address as a minimum the following:

60. Sydney Water - s73 Certificate (modified - Mod B) A s73 Certificate relevant to each of Stages 1, 2, 3, 4 and 5 of the development must be obtained from Sydney Water and submitted to the PCA. Note: Sydney Water requires that s73 applications are to be made through an authorised Sydney Water Servicing Coordinator. Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance.

5. During construction: a. Determine the need for a suitably qualified and experienced fauna spotter/wildlife handler to be in attendance or on call during the construction period. b. Consideration of a need to exclude fauna from occupying retained habitat features during construction and/or the protection of retained habitat features and their resident fauna.

7. Post works: a. Post works survey of retained habitat features. b. Relocation or reuse of habitat features on the site. The placement and ongoing management of replacement habitat features. Attachment A: Draft Conditions Page 28 c. Certification of the FMP implementation. Reason: To ensure the protection of resident fauna during and post works on the site.

29. External Lighting Prior to the issue of a construction certificate, subdivision works certificate or Roads Act Approval, plans detailing external lighting must be prepared by a suitably qualified person. The lighting plan must be consistent with the approved plans and documents, and the following requirements: Attachment A: Draft Conditions Page 24

30. Sydney Water - s73 Certificate (Mod B) A s73 Certificate must be obtained from Sydney Water and submitted to the PCA. Note: Sydney Water requires that s73 applications are to be made through an authorised Sydney Water Servicing Coordinator. Refer to www.sydneywater.com.au or telephone 13 20 92 for assistance. 21

100. Ongoing Biodiversity Management Plan During ongoing use, all commitments in the approved Biodiversity Management Plan must be met. Reason: To ensure the required biodiversity management measures to avoid and minimise biodiversity impacts are implemented during and following the occupation of the site.

128. Final Certification - Project Ecologist The project ecologist must provide to the Council certification of the implementation of the of the approved IBVMP, Vegetation Management Plan, Fauna Management Plan, BDAR and Biodiversity Management Plan. relevant to Stage 2. The certification must note:

80. Final Certification - Project Ecologist The project ecologist must provide to the Council certification of the implementation of the approved IBVMP, Vegetation Management Plan, Fauna Management Plan, BDAR and Biodiversity Management Plan. The certification must note:

1. To ensure the trees that must be retained are protected, a project arborist with AQF Level 5 qualifications must be appointed to assist in ensuring compliance with the conditions of consent and provide monitoring reports as specified by the conditions of consent.

28. Protection Of Vegetation, Habitat and Environmental Features During Construction Protection fencing must be placed in accordance with the specifications below to the satisfaction of the Council or the Principal Certifier:

4. The Construction Certificate plans must be consistent with the Development Consent plans. Reason: To ensure that detailed construction certificate plans are consistent with the approved plans and supporting documentation.

4. The Subdivision Certificate plans must be consistent with the Development Consent plans.

35. Implementation of the Biodiversity Management Plan

18. Integrated Bushfire and Vegetation Management Plan

68. Implementation of the Biodiversity Management Plan