Newcastle Biodiversity Conditions

76. The hours of operation hours of operation are regulated as follows: (a) The use of the outdoor terrace associated with the Rooftop Bar is to be closed and not used from 10:00pm to 7:00am, Monday to Sunday. (aa) The hours of operation for the Ground Floor Sports Bar/Gaming Lounge (known as "Lyrique Bar") is approved to operate 10.00am – 12.00 midnight, Monday to Saturday and 10.00am – 10.00pm, Sunday. (b) Notwithstanding (a) above, the use of the outdoor terrace may operate between 10:00pm and 12:00 midnight Monday to Saturday for a trial period of 12 months from the date of the commencement of the trial period. Council is to be informed in writing of the date of commencement of the…

42. A public art feature shall be designed for the site in consultation with City of Newcastle. The public artwork is to have a minimum value of 1% ($1,608,992$1,896,426.1) of the capital cost of the development. The final details of all artworks within the site and associated costing are to be submitted to Council’s Public Art Reference Group for written approval prior to the issue of Stage 3 Construction Certificate. The written approval be obtained prior to commencement of above-ground works/ground level slabs and the approved artwork(s) be installed prior to the use of the first Occupation Certificate. This feature is to provide visual interest for pedestrians Page 19 of 39 and…

42. A public art feature shall be designed for the site in consultation with City of Newcastle. The public artwork is to have a minimum value of 1% ($1,896,426.1) of the capital cost of the development. The final details of all artworks within the site and associated costing are to be submitted to Council’s Public Art Reference Group for written approval prior to the issue of Stage 3 Construction Certificate. The written approval be obtained prior to commencement of above-ground works/ground level slabs and the approved artwork(s) be installed prior to the use of the first Occupation Certificate. This feature is to provide visual interest for pedestrians and interpret or reflect the local…

6. This consent permits maximum building heights for Stage 1 and Stage 2 as shown and referenced as 'Staged DA Building Envelope' on the Building Envelope Plans prepared by SJB Architects (Job No. 5614, dated 02.02.2022) including: a) Drawing No. DA-0501, Revision 05, Elevation North and East; b) Drawing No. DA-0502, Revision 05, Elevation South and West; c) Drawing No. DA-0503, Revision 04, Elevation Wolfe Street East + West; d) Drawing No. DA-0504, Revision 04, Elevation South and West (Amended under DA2017/00701.01 - 15 March 2019) (Amended under DA2017/00701.02 - 24 April 2020) (Amended under DA2019/01150.04 - 04 May 2021) (Amended under MA2021/00295 - 17 February 2022) (Amended under…

7. Upon completion of construction, work-as-executed certification by a qualified engineer will be required by Subsidence Advisory NSW confirming that construction was in accordance with the plans accepted by Subsidence Advisory NSW. END OF CONDITIONS Page 29 of 30 SCHEDULE 3 REASONS FOR THE DETERMINATION & CONSIDERATION OF COMMUNITY VIEWS The determination decision was reached for the following reasons: • The proposed development, subject to the recommended conditions, is consistent with the objectives of the applicable environmental planning instruments, being; Newcastle Local Environmental Plan 2012 (NLEP) and applicable State Environmental Planning Policies. • The proposed development…

1. Approved plans and documentation The development is to be implemented in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent. Approved plans Plan number Revision Plan title Drawn by Date of plan number A-010 A Site Plan EJE 25/10/2023 A-100 A Proposed Ground Floor EJE 25/10/2023 Plan A-101 A Proposed Level 1 Floor EJE 25/10/2023 Plan A-102 C Proposed Level 2 Floor EJE 20/10/2023 Plan A-110 A Existing and Demo EJE 25/10/2023 Ground Floor Plan A-111 A Existing and Demo Level EJE 25/10/2023 1 Floor Plan A-112 A Existing and Demo Level EJE 25/10/2023 2 Floor Plan A-200 A Proposed Elevations - EJE 13/10/2023…

2. Development contributions - 7.11 general In accordance with Newcastle City Council Section 7.11 Development Contributions Plan 2021- 2036 (the Plan), the following monetary contributions shall be paid to Newcastle City Council to cater for the increased demand for transport and social infrastructure: Description Contribution ($) Transport $49,299.62 Open Space and Recreation $211,550.03 Community Facilities $39,135.19 Plan Preparation and Administration $7,487.17 TOTAL $307,402.01 If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Plan and the amount payable will…

2. Development contributions - 7.11 general In accordance with Newcastle City Council Section 7.11 Development Contributions Plan 2021- 2036 (the Plan), the following monetary contributions shall be paid to Newcastle City Council to cater for the increased demand for transport and social infrastructure: Description Contribution ($) Transport $38,878.37 Open Space and Recreation $167,070.30 Community Facilities $30,906.79 Plan Preparation and Administration $5,912.89 TOTAL $242,768.35 If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Plan and the amount payable will…

36. Street tree and any tree on Council land protection During site work and/or building work, all public trees including street trees Cupaniopsis anacardioides) located on the Brunker Road frontage and street tree Tristaniopsis laurina ‘Luscious), located on the Teralba road frontage and any tree on Council land that are required to be retained are to be physically protected in accordance with the Newcastle City Council ‘Urban Forest Technical Manual’, Part B Public Trees. Note: The tree protection fencing is to remain in place and be maintained until all works have been completed, with no waste materials, washouts, equipment or machinery to be stored within the fenced area. Condition…

53. The location of signage shall be detailed as part of the development application for each stage and should reflect an overall consistent graphic design approach. the design Page 13 of 18 approach should encourage front-lit signage, and prohibit poorly designed and highly intrusive signage, including moving LED displays and the like and be in general accordance with the relevant Council DCP at the date of lodgement of the application. Adaptable Housing

53. The location of signage shall be detailed as part of the development application for each stage and should reflect an overall consistent graphic design approach. the design approach should encourage front-lit signage, and prohibit poorly designed and highly intrusive signage, including moving LED displays and the like and be in general accordance with the relevant Council DCP at the date of lodgement of the application. Adaptable Housing

9. A colours and materials schedule shall accompany the development application for each stage of the development. A colour palette utilising primarily warm earthy tones and mid- toned neutrals shall be utilised, with the use of more vibrant primary colours limited to smaller accents at ground level to assist with the visual identification of entries and retail boutiques.

50. A formal crime risk assessment (Crime Prevention through and Environmental Design) will be required to be prepared for each stage with a particular emphasis on publicly accessible areas, including at night.