Lane Cove Biodiversity Conditions

7. A.7.L Tree preservation and approved landscaping works The protection of trees in Lane Cove is regulated under the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP) parts 2.2 and 2.3 which prohibits the clearing of vegetation without the authority conferred by a permit granted by Council. Clearing under the SEPP is defined as: (a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or (b) lop or otherwise remove a substantial part of the vegetation. The clearing of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may…

7. A.7.L Tree preservation and approved landscaping works The protection of trees in Lane Cove is regulated under the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP) parts 2.2 and 2.3 which prohibits the clearing of vegetation without the authority conferred by a permit granted by Council. Clearing under the SEPP is defined as: (a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or (b) lop or otherwise remove a substantial part of the vegetation. The clearing of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may…

46. A.7.L Tree preservation and approved landscaping works The protection of trees in Lane Cove is regulated under the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP) parts 2.2 and 2.3 which prohibits the clearing of vegetation without the authority conferred by a permit granted by Council. Clearing under the SEPP is defined as: a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or (b) lop or otherwise remove a substantial part of the vegetation. The clearing of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may…

13. Tree preservation and approved landscaping works The protection of trees in Lane Cove is regulated under the State Environmental Planning Policy (Biodiversity and Conservation) 2021 (SEPP) parts 2.2 and 2.3 which prohibits the clearing of vegetation without the authority conferred by a permit granted by Council. Clearing under the SEPP is defined as: (a) cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, or (b) lop or otherwise remove a substantial part of the vegetation. The clearing of trees or vegetation protected by the regulation is an offence against the Environmental Planning and Assessment Act 1979 (NSW). The maximum penalty that may be…

1. Approved plans and supporting documentation Development must be carried out in accordance with the following approved plans and supporting documentation (stamped by Council), except where the conditions of this consent expressly require otherwise. Plan Revision Plan Title Drawn By Dated Architectural Plans PLA-DA- A Proposed Site Plan Plus Architecture 19/11/2024 0003 PLA-DA- B Demolition Plan Plus Architecture 16/06/2025 0005 PLA-DA- B General Floor Plan – Plus Architecture 23/05/2025 10B2 Basement 02 PLA-DA- B General Floor Plan – Plus Architecture 23/05/2025 10B1 Basement 01 PLA-DA- B General Floor Plan – Lower Plus Architecture 23/05/2025 1000 Ground 00 PLA-DA- B General Floor Plan –…

3. Design Amendments Before the issue of the relevant construction certificate, the certifier must ensure the approved construction certificate plans (and specifications) detail the following required amendments to the approved plans and supporting documentation stamped by Council. The following design amendments are required to be submitted by a qualified landscape architect to the certifier: Signage No building or business identification signage is approved by this consent and is to be removed from the plans prior to the issue of a Construction Certificate. Landscape Plans a) Remove the timber deck structure around T 5 and relocate the nature play area from within the Notional Root zone…

39. Tree Protection Measures Fencing/Trunk Protection The following tree protection measures must be in place prior to demolition works and certified by the project arborist. (a) Tree Protection Fencing must be in accordance with the approved tree protection plan. (b) Where fencing has been specified, the fencing must consist of a 1.8 m high chain mesh fence held in place with concrete block footings and fastened together. An example of fencing is shown under figure 4 on page 18 of the Australian Standard 4970-2025 The Protection of Trees on Development. (c) The fenced area shall not be used for the storage of building materials, machinery, site sheds, or for advertising and the soil levels…

49. B.14 - Special Condition - Tree Protection Measures Fencing The following tree protection measures must be in place prior to works and certified by the project arborist. Tree Protection Fencing must be installed within the following locations: • Along the area marked within the tree protection plan around T7 offset 3m contained within appendix 1 of the supplied Arborist report by Advanced Treescape Consulting dated 18/4/23 • Around each tree located on the council verge nominated for retention forming a “box” The fencing must consist of a 1.8 m high chain mesh fence held in place with concrete block footings and fastened together. An example of fencing is shown under figure 3 on page 16…

94. Environmental Reports Certification Prior to the issue of an Occupation Certificate, written certification from a suitably qualified person(s) shall be submitted to the Principal Certifier and Council, stating that all works/methods/procedures/control measures/recommendations approved by Council’s Environmental Health Officer and the following reports have been completed: Reason: Compliance with Environmental Reports. 95A. Restrictions on Occupation of Hotel Component A restriction as to user is to be registered against the title of the property on which development is to be carried out, in accordance with section 88E of the Conveyancing Act 1919, limiting the use of any accommodation…

90. H.W.1 - Garbage Chutes □ A garbage chute system and interim recyclable storage facilities must be provided to the development. o Garbage chutes must be constructed in accordance with the requirements of the Building Code of Australia (BCA). o Garbage chutes must be located and insulated in a manner that reduces noise impacts. o Chutes, service openings and charging devices must be constructed of material (such as metal) that is smooth, durable, impervious, non-corrosive and fire resistant. o Chutes, service openings and charging devices must be capable of being easily cleaned. o Chutes must be cylindrical and have a diameter of at least 500mm. 31 o Chutes must not have any vends or…

90. H.W.1 - Garbage Chutes □ A garbage chute system and interim recyclable storage facilities must be provided to the development. o Garbage chutes must be constructed in accordance with the requirements of the Building Code of Australia (BCA). o Garbage chutes must be located and insulated in a manner that reduces noise impacts. o Chutes, service openings and charging devices must be constructed of material (such as metal) that is smooth, durable, impervious, non-corrosive and fire resistant. o Chutes, service openings and charging devices must be capable of being easily cleaned. o Chutes must be cylindrical and have a diameter of at least 500mm. o Chutes must not have any vends or…

99. J.1 - Garbage Chutes • A garbage chute system and interim recyclable storage facilities must be provided to the development. • Garbage chutes must be constructed in accordance with the requirements of the Building Code of Australia (BCA). • Garbage chutes must be located and insulated in a manner that reduces noise impacts. • Chutes, service openings and charging devices must be constructed of material (such as metal) that is smooth, durable, impervious, non-corrosive and fire resistant. • Chutes, service openings and charging devices must be capable of being easily cleaned. • Chutes must be cylindrical and have a diameter of at least 500mm. • Chutes must not have any vends or sections…

6. Payment of Housing and Productivity Contribution Before the issue of a Construction Certificate, the housing and productivity contribution (HPC) set out in the table below is required to be made. 5 Housing and Productivity Contribution Amount Housing and Productivity Contribution (base +$514,111.68 component – April 2025 indexation) Existing dwelling credit -$32,131.98 Transport project component Nil Strategic biodiversity component Nil Total housing and productivity contribution $481,979.70 The HPC must be paid using the NSW planning portal. At the time of payment, the amount of the HPC is to be adjusted in accordance with the Environmental Planning and Assessment (Housing and…

10. Street Tree Planting - Pacific Highway Frontage Prior to the issue of the relevant construction certificate, the applicant is to undertake a detailed feasibility investigation for street tree planting of 4 x Tristaniopsis Laurina (min 4m H) to the back of kerb, evenly spaced along the Pacific Highway frontage of the development. This process would include at a minimum: a. BYDA application, b. on site services search, c. potholing, hand trenching and road opening to confirm locations, depths and status of any underground utilities, d. procure written permission from any service or utility provider allowing the installation of trees with a minimum pot size of 100 litres within the Council…

90. FB.23 - Rooftop planting on structure and irrigation: The rooftop planter box planting scheme shall include plant sizes capable of providing sufficient amenity shade to the users of the rooftop garden within 24 months of their installation. The plants selected shall have a growth rate that allows them to reach 80% of their potential mature height and spread within 7 years of installation. The trees are to be inspected and approved by Council prior to issue of the Occupation Certificate. To assist with the growing environment of the rooftop planter boxes, a fully automated drip irrigation system is to be designed and installed by a suitably qualified irrigation company that meets the…

2. Once the allocation has been determined on a per unit type and building basis the following principles are to then apply: a) A minimum of 1 space is to be provided for each adaptable housing unit; then b) The remainder of the spaces are to be allocated at a rate of no more than the applicable parking rate rounded up to the nearest whole number, and no less than the applicable parking rate rounded down to the nearest whole number. The subdivision and sale of excess car parking spaces is prohibited. The schedule of allocation demonstrating compliance with this condition is to be submitted to and approved by Council’s Manager Development Assessment prior to the issue of an Occupation or…

2. Once the allocation has been determined on a per unit type and building basis the following principles are to then apply: a. A minimum of 1 space is to be provided for each adaptable housing unit; then b. The remainder of the spaces are to be allocated at a rate of no more than the applicable parking rate rounded up to the nearest whole number, and no less than the applicable parking rate rounded down to the nearest whole number. The subdivision and sale of excess car parking spaces is prohibited. The schedule of allocation demonstrating compliance with this condition is to be submitted to and approved by Council’s Manager Development Assessment prior to the issue of an Occupation or…

55. D.1.1 – Practical Completion Report A landscape practical completion report must be prepared by the consultant Landscape Architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. The report must certify that all landscape works have be completed in accordance with the landscape working drawing. Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to the attention of Council’s landscape Architect via email at within five (5) working days of the date of issue. Reason: Consistency between the landscape design intent…

55. D.1.1 – Practical Completion Report A landscape practical completion report must be prepared by the consultant Landscape Architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. The report must certify that all landscape works have be completed in accordance with the landscape working drawing. Where the project is being supervised by a private certifier, for the purposes of public record, a copy of the certification must be forwarded to the attention of Council’s landscape Architect via email at within five (5) working days of the date of issue. Reason: Consistency between the landscape design intent…

86. Practical Completion Report A landscape practical completion report must be prepared by the consultant Landscape Architect and submitted to Council or the accredited certifier within 7 working days of the date of practical completion of all landscape works. The report must certify that all landscape works have be completed in accordance with the landscape working drawing. Where the project is being supervised by a private certifier, for the purposes of public record, a copy 29 of the certification must be forwarded to the attention of Council’s landscape Architect via email at within five (5) working days of the date of issue. Reason: Consistency between the landscape design intent and…

13. All recording made by the CCTV system must be stored for at least 30 days. Ensure that the system is accessible by at least one member of staff at all times it is in operation, and provide any recordings made by the system to a police officer or inspector within 24 hours of any request by a police officer or inspector. The CCTV cameras will need to be placed in suitable locations to enhance the physical security and assist in positively identifying an individual, who may be involved in criminal behaviour. 48 14. “Park Smarter” signage should be displayed in the car park to warn/educate motorists to secure their vehicles and not leave valuable items in their cars. The car park will also…

12. Public Domain Paving - Pacific Highway Frontage Prior to the issue of the relevant construction certificate, the applicant is to design and deliver pedestrian paving upgrades in accordance with Council’s specifications as per section 4.2.2 of the St Leonards Public Domain Masterplan. The paving setout, materials and pattern are to be in accordance with the St Leonards Streetscape Guidelines, Section 5 located on Lane Cove Council website. Reason: To provide pedestrian surfaces that are safe for all users, clearly demarcated and constructed from materials that provide continuity and consistency of the streetscape.

6. Lighting in and around the proposed development should comply with Australian Standard AS: 1158 and should provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Note that high- or low-pressure sodium ‘orange’ lighting is not compatible with quality surveillance systems. Internal lighting should be controlled from ‘Staff only’ areas, away from public access. If this is not possible, use tamper-resistant switches. Luminaries (light covers) should be designed to reduce opportunities for malicious damage.

6. Lighting in and around the proposed development should comply with Australian Standard AS: 1158 and should provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Note that high- or low-pressure sodium ‘orange’ lighting is not compatible with quality surveillance systems. Internal lighting should be controlled from ‘Staff only’ areas, away from public access. If this is not possible, use tamper-resistant switches. Luminaries (light covers) should be designed to reduce opportunities for malicious damage.

8. Lighting in and around the proposed development should comply with Australian Standard AS: 1158 and should provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Note that high or low pressure sodium ‘orange’ lighting is not compatible with quality surveillance systems. Internal lighting should be controlled from ‘Staff only’ areas, away from public access. If this is not possible, use tamper-resistant switches. Luminaries (light covers) should be designed to reduce opportunities for malicious damage.

8. Lighting in and around the proposed development should comply with Australian Standard AS: 1158 and should provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Note that high or low pressure sodium ‘orange’ lighting is not compatible with quality surveillance systems. Internal lighting should be controlled from ‘Staff only’ areas, away from public access. If this is not possible, use tamper-resistant switches. Luminaries (light covers) should be designed to reduce opportunities for malicious damage.

8. Lighting in and around the proposed development should comply with Australian Standard AS: 1158 and should provide for adequate, uniform illumination. External lighting should be of a ‘white light’ source. Note that high or low pressure sodium ‘orange’ lighting is not compatible with quality surveillance systems. Internal lighting should be controlled from ‘Staff only’ areas, away from public access. If this is not possible, use tamper-resistant switches. Luminaries (light covers) should be designed to reduce opportunities for malicious damage.

88. Footpaths a) All footpaths adjacent to the site are to be installed or upgraded, or as otherwise agreed with Council’s Director Open Space and Infrastructure, ensuring a consistent width and surface treatment. The minimum footpath width for all footpaths in the area is 1.8m and is to be clear of any obstructions including tree branches. b) The levels of the street alignment shall be obtained from Council and incorporated into the design to ensure consistent street alignment levels. Reason: To ensure public amenity and safety.

12. All recording made by the CCTV system must be stored for at least 30 days. Ensure that the system is accessible by at least one member of staff at all times it is in operation, and provide any recordings made by the system to a police officer or inspector within 24 hours of any request by a police officer or inspector. The CCTV cameras will need to be placed in suitable locations to enhance the physical security and assist in positively identifying an individual, who may be involved in criminal 20 behaviour.

12. All recording made by the CCTV system must be stored for at least 30 days. Ensure that the system is accessible by at least one member of staff at all times it is in operation, and provide any recordings made by the system to a police officer or inspector within 24 hours of any request by a police officer or inspector. The CCTV cameras will need to be placed in suitable locations to enhance the physical security and assist in positively identifying an individual, who may be involved in criminal behaviour. 19

9. Windows on the ground level of the site (being any level that has a finished floor level within 1.5m of the adjacent finished ground level) should also be of solid construction. These windows should be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS:4145. Glass within doors and windows should be reinforced to restrict unauthorised access. The glass can be either fitted with a shatter-resistant film or laminated to withstand physical attacks.

9. Windows on the ground level of the site (being any level that has a finished floor level within 1.5m of the adjacent finished ground level) should also be of solid construction. These windows should be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS:4145. Glass within doors and windows should be reinforced to restrict unauthorised access. The glass can be either fitted with a shatter-resistant film or laminated to withstand physical attacks.

87. Footpaths  All footpaths adjacent to the site are to be installed or upgraded ensuring a consistent width and surface treatment. The minimum footpath width for all footpaths in the area is 1.8m and is to be clear of any obstructions including tree branches.  The levels of the street alignment shall be obtained from Council and incorporated into the design to ensure consistent street alignment levels. Reason: To ensure public amenity and safety.

44. Ongoing Health of installed trees: All trees are to be maintained in a healthy condition for the life of the development with replacement trees to be installed within 6 months of the trees demise at the next optimum planting season. This obligation shall become the responsibility of the Strata Management outside the Council appointed maintenance and establishment period. Reason: to assist in preservation of tree canopy cover in Lane Cove LGA. 24

41. Rooftop planting on structure; soil profile: To assist with the growing environment of the rooftop planter boxes, a soil profile is to be specified and selected specifically for those plants proposed and this information is to form part of the Landscape Documentation Package and shall be approved by Council prior to issue of the Construction Certificate. Reason: to ensure the long-term viability of new plantings.

11. Structural root cell: To assist with the health of street trees to be planted, the use of a structural root cell product such as Strata Cell by City Green or approved equal is to be located around the services discovered that cannot be relocated. A minimum soil volume of 30M3 per tree is to be provided. Reason: to increase canopy cover to help address urban heat island effects.

8. Windows within the site should also be of solid construction. These windows should be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS:4145. Glass within doors and windows should be reinforced to restrict unauthorised access. The glass can be either fitted with a shatter-resistant film or laminated to withstand physical attacks.

1. The amount of car parking spaces to be allocated to each unit type (1 bed, 2 bed, 3 bed) is to be not less than the parking rate multiplied by the number of that unit type on a per building basis.

2. The levels of the street alignment shall be obtained from Council and incorporated into the design to ensure consistent street alignment levels. 30 Reason: To ensure public amenity and safety.

2. The levels of the street alignment shall be obtained from Council and incorporated into the design to ensure consistent street alignment levels. Reason: To ensure public amenity and safety.

2. The levels of the street alignment shall be obtained from Council and incorporated into the design to ensure consistent street alignment levels. Reason: To ensure public amenity and safety.

5. The levels of the street alignment shall be obtained from Council and incorporated into the design to ensure consistent street alignment levels. Reason: To ensure public amenity and safety.

1. All footpaths adjacent to the site are to be installed or upgraded ensuring a consistent width and surface treatment. The minimum footpath width for this area is 3.0m for shared footpath.