Fairfield Construction Management Conditions

11. Amended Detailed Landscape Plan An amended detailed Landscape Plan is to be submitted to Fairfield City Council prior to the issue of a construction certificate, for review by Council and for written approval from Fairfield City Council. The amended plan shall address the following matters: a. The amended plan is required to reflect the final approved architectural plans. b. The amended Landscape Plan shall be accompanied by a separate plan showing the detailed design for the common open space areas and particularly the playground areas. c. The amended Landscape Plan shall be accompanied by design documentation which will detail the layout in plan and section (where required), provide a…

20. Engineering Approval – Section 138 Before the issue of a Construction Certificate, a Section 138 Approval shall be issued by an accredited certifier or by Fairfield City Council for drainage connection to Council pipe that traverses the subject site. Civil Design Plans shall be prepared by a suitably qualified engineer and submitted to the chosen certifier via the Planning Portal. The final design shall be designed in accordance with approved plans and specifications at no cost to Council. Prior to the issue of an Section 138 Approval, the applicant shall lodge with Council, a bank guarantee, or a cash bond to the cost of all works required under this consent to be carried out within…

36. Maintenance of Construction Site During the construction and any dormant period, the applicant must ensure that the construction and/or development site is adequately maintained, as not to be prejudicial to the surrounding neighbourhood. In the event that the construction/development site remains dormant for a period in excess of three (3) months, permanent security fencing, hoarding or scaffolding, as defined in the relevant Australian Standard and incorporating visual shielding Page 12 of 14 ATTACHMENT A shall be provided and maintained to the satisfaction of Council until the completion of the development or as applicable. Signage alerting to the presence of danger and prohibiting…

33. Maintenance of Construction Site During the construction and any dormant period, the applicant must ensure that the construction and/or development site is adequately maintained, as not to be prejudicial to the surrounding neighbourhood. In the event that the construction/development site remains dormant for a period in excess of three (3) months, permanent security fencing, hoarding or scaffolding, as defined in the relevant Australian Standard and incorporating visual shielding shall be provided and maintained to the satisfaction of Council until the completion of the development or as applicable. Signage alerting to the presence of danger and prohibiting unauthorised entry to the…

96. Maintenance of Construction Site During the construction and any dormant period, the applicant must ensure that the construction and/or development site is adequately maintained, as not to be prejudicial to the surrounding neighbourhood. In the event that the construction/development site remains dormant for a period in excess of three (3) months, permanent security fencing, hoarding or scaffolding, as defined in the relevant Australian Standard and incorporating visual shielding shall be provided and maintained to the satisfaction of Council until the completion of the development or as applicable. Signage alerting to the presence of danger and prohibiting unauthorised entry to the…

1. The redundant driveway on Victoria Street boundary shall be removed and replaced with kerb and gutter to match existing. The design and construction of the kerb and gutter on Victoria Street shall be in accordance with TfNSW requirements restricting movements to left-in left -out, suitability signposted. Details of these requirements should be obtained by email to developerworks.sydney@transport.nsw.gov.au. Detailed design plans of the proposed kerb and gutter are to be submitted to TfNSW for approval prior to the issue of a construction certificate and commencement of any road works. The developer is required to enter a Works Authorisation Deed (WAD) for the abovementioned works. Please…

15. Utilities and Services Before the issue of the relevant Construction Certificate, the applicant must submit the following written evidence of service provider requirements to the certifier: a. a letter of consent from an approved electricity provider demonstrating that satisfactory arrangements can be made for the installation and supply of electricity. b. a response from SYDNEY WATER as to whether the plans proposed to accompany the application for a Construction Certificate would affect any SYDNEY WATER infrastructure, and whether further requirements need to be met. c. other relevant utilities or services - that the development as proposed to be carried out is satisfactory to those…

77. Post Construction Dilapidation Report Before the issue of an Occupation Certificate, a suitably qualified engineer must prepare a post- construction dilapidation report, to the satisfaction of the principal certifier, detailing whether: a. after comparing the pre-construction dilapidation report to the post-construction dilapidation report required under this condition, there has been any structural damage to any adjoining buildings; and b. where there has been structural damage to any adjoining buildings, that it is a result of the building work approved under this development consent. c. a copy of the post-construction dilapidation report to Council (where Council is not the principal…

4. Payment of Development Contributions i. Payment of Section 7.12 Contributions Before the issue of a Construction Certificate of alternative timing, the applicant must pay a total contribution of $495,593.5 as calculated at the date of this consent to Council under section 7.12 of the EP&A Act in accordance with the Fairfield City Local Infrastructure Contributions Plan 2023 (Section 7.11 and Section 7.12). The total amount payable may be adjusted at the time the payment is made, in accordance with the provisions of the Fairfield City Local Infrastructure Contributions Plan 2023 (Section 7.11 and Section 7.12). Page 3 of 23 ATTACHMENT A A copy of the contributions plan is available for…

4. Certificate of Structural Adequacy Prior to the issue of a Construction Certificate, a certificate from a suitably qualified structural engineer shall be submitted to the satisfaction of the certifier, and a copy provided to Fairfield City Council attesting that the existing buildings, as constructed, are structurally adequate to withstand the forces and loading of the alterations and additions approved under this consent. The structural engineering certification shall comply with Part A5G3 of the NCC/BCA. A Peer Review of the certificate prepared by a suitably qualified and chartered structural engineer that is a member of Engineers Australia, shall also be submitted to the satisfaction…

4. Payment of Development Contributions i. Payment of Section 7.12 Contributions Before the issue of a Construction Certificate of alternative timing, the applicant must pay a total contribution of $726.00 as calculated at the date of this consent to Council under section 7.12 of the EP&A Act in accordance with the Fairfield City Local Infrastructure Contributions Plan 2023 (Section 7.11 and Section 7.12). The total amount payable may be adjusted at the time the payment is made, in accordance with the provisions of the Fairfield City Local Infrastructure Contributions Plan 2023 (Section 7.11 and Section 7.12). A copy of the contributions plan is available for inspection at Fairfield City…

15. Hoarding / Fencing While building work is being carried out, a hoarding or site safety fence must be erected between the work site and a public place if the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or if the building involves the enclosure of a public place. If necessary, overhead protection is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Reason: To ensure protection to the general public.…

5. Housing and productivity contribution The housing and productivity contributions (HPC) set out in the table below is required to be made: Housing and productivity contribution $429,517.04 Total housing and productivity contribution $429,517.04 The HPC must be paid before the issue of a construction certificate in relation to the development, or before the commencement of any work authorised by this consent (if no construction certificate is required). The HPC must be paid using the NSW planning portal (https://pp.planningportal.nsw.gov.au/). Reason: To ensure the development contributions are paid to address the increased demand for public amenities and services resulting from the…

31. Hoarding / Fencing While building work is being carried out, a hoarding or site safety fence must be erected between the work site and a public place if the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or if the building involves the enclosure of a public place. If necessary, overhead protection is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Reason: To ensure protection to the general public.

17. Hoarding / Fencing While building work is being carried out, a hoarding or site safety fence must be erected between the work site and a public place if the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or if the building involves the enclosure of a public place. If necessary, overhead protection is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Reason: To ensure protection to the general public.

53. Hoarding / Fencing While building work is being carried out, a hoarding or site safety fence must be erected between the work site and a public place if the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or if the building involves the enclosure of a public place. If necessary, overhead protection is to be erected, sufficient to prevent any substance from, or in connection with, the work falling into the public place. The work site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place. Reason: To ensure protection to the general public.

17. Design Requirements for Residential Apartment Development A certifier must not issue a construction certificate unless the certifier has received a statement by a qualified designer verifying that the relevant building work plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design principles for residential apartment development. Page 13 of 40 18626402.1 ATTACHMENT * Note: Qualified designer in this condition is as per the definition in SEPP 65. Reason: To comply with the Environmental Planning and Assessment Regulation 2021.

10. Road Reserve Dilapidation Report Before the commencement of any site or building work, the applicant shall submit a dilapidation report for the road reserve area to Council detailing the existence of, and the condition of any foot paving, kerb & Gutter and any assets provided adjoin the site for checking against Council records. Damage to Councils Road reserve and general streetscape will be restored at the developer’s expense. A copy of a template report can be found on Council’s web site. Reason: To ensure Council’s assets are maintained. DURING BUILDING WORK

23. Road Reserve Dilapidation Report Before the commencement of any site or building work, the applicant shall submit a dilapidation report for the road reserve area to Council detailing the existence of, and the condition of any foot paving, kerb & Gutter and any assets provided adjoin the site for checking against Council records. Damage to Councils Road reserve and general streetscape will be restored at the developer’s expense. A copy of a template report can be found on Council’s web site. Reason: To ensure Council’s assets are maintained.

10. Road Reserve Dilapidation Report Before the commencement of any site or building work, the applicant shall submit a dilapidation report for the road reserve area to Council detailing the existence of, and the condition of any foot paving, kerb & Gutter and any assets provided adjoin the site for checking against Council records. Damage to Councils Road reserve and general streetscape will be restored at the developer’s expense. A copy of a template report can be found on Council’s web site. Reason: To ensure Council’s assets are maintained.

40. Road Reserve Dilapidation Report Before the commencement of any site or building work, the applicant shall submit a dilapidation report for the road reserve area to Council detailing the existence of, and the condition of any foot paving, kerb & Gutter and any assets provided adjoin the site for checking against Council records. Damage to Councils Road reserve and general streetscape will be restored at the developer’s expense. A copy of a template report can be found on Council’s website. Reason: To ensure Council’s assets are maintained.

10. Utilities and Services Before the issue of the relevant Construction Certificate, the applicant must submit the following written evidence of service provider requirements to the certifier: a. a response from SYDNEY WATER as to whether the plans proposed to accompany the application for a Construction Certificate would affect any SYDNEY WATER infrastructure, and whether further requirements need to be met. Page 5 of 23 ATTACHMENT A Reason: To ensure relevant utility and service providers’ requirements are provided to the certifier.

81. Design Requirements for Residential Apartment Development A certifier must not issue an occupation certificate unless the certifier has received a design statement. Design statement means a statement by a qualified designer verifying that the development achieves the design quality shown in the plans and specifications for which the construction certificate was issued, having regard to the design principles for residential apartment development. Reason: To comply with Environmental Planning and Assessment Regulation 2021.

24. Utilities and Services Before the issue of the relevant Construction Certificate, the applicant must submit the following written evidence of service provider requirements to the certifier: a. a response from SYDNEY WATER as to whether the plans proposed to accompany the application for a Construction Certificate would affect any SYDNEY WATER infrastructure, and whether further requirements need to be met. Reason: To ensure relevant utility and service providers’ requirements are provided to the certifier.

4. Utilities and Services Before the issue of the relevant Construction Certificate, the applicant must submit the following written evidence of service provider requirements to the certifier: a. a response from SYDNEY WATER as to whether the plans proposed to accompany the application for a Construction Certificate would affect any SYDNEY WATER infrastructure, and whether further requirements need to be met. Reason: To ensure relevant utility and service providers’ requirements are provided to the certifier.

6. Utilities and Services Before the issue of the Construction Certificate, the applicant must submit the following written evidence of service provider requirements to the certifier: a. a response from SYDNEY WATER as to whether the plans proposed to accompany the application for a Construction Certificate would affect any SYDNEY WATER infrastructure, and whether further requirements need to be met. Reason: To ensure relevant utility and service providers’ requirements are provided to the certifier.

21. Occupation Certificate Required Prior to the commencement of any use and/or occupation of the subject development (whole or part), an Occupation Certificate must be issued. Page 8 of 17 ATTACHMENT R Prior to the issue of any Occupation Certificate, the Principal Certifier must be satisfied that the development (part or whole) is in accordance with the respective Development Consent, Construction Certificate. Reason: To ensure compliance with the EP&A Act and Regulations.

5. Compliance Certificate A Compliance Certificate must be submitted to Fairfield City Council and the Principal Certifier, certifying that the engineering works as required per Condition No. 3, has been completed within a period of one-hundred and twenty (120) days from the date of the determination of the subject Development Consent. Reason: To ensure the required building works are completed within a reasonable time period. BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

25. Landscape Management Plan Before the issue of a Construction Certificate, a Landscape Management Plan shall be submitted to, and approved in writing by Fairfield City Council. The Plan shall include details demonstrating how the proposed landscaping will be managed and maintained over a period of five (5) years from the issue of the Occupation Certificate. Reason: To ensure compliance with Council’s Development Control Plan. Page 16 of 40 18626402.1 ATTACHMENT *

33. Reflectivity of External Finishes External materials must be pre colour coated on manufacture having a low glare and reflectivity finish. The reflectivity index of roof finishes and glazing is to be no greater than 20% so as not to result in glare that causes any nuisance or interference to any person or place. Details must accompany the Construction Certificate to the satisfaction of the Certifier. Reason: To have a minimal impact on the neighbouring property.

12. Procedure for Critical Stage Inspections While building work is being carried out, any such work must not continue after each critical stage inspection unless the principal certifier is satisfied the work may proceed in accordance with this consent and the relevant construction certificate. Reason: To require approval to proceed with building work following each critical stage inspection. Page 6 of 17 ATTACHMENT R BEFORE THE ISSUE OF AN OCCUPATION CERTIFICATE

47. Occupation Certificate Required Prior to the commencement of any use and/or occupation of the subject development (whole or part), an Occupation Certificate must be issued. Prior to the issue of any Occupation Certificate, the Principal Certifier must be satisfied that the development (part or whole) is in accordance with the respective Development Consent, Construction Certificate. Reason: To ensure compliance with the EP&A Act and Regulations.

21. Occupation Certificate Required Prior to the commencement of any use and/or occupation of the subject development (whole or part), an Occupation Certificate must be issued. Prior to the issue of any Occupation Certificate, the Principal Certifier must be satisfied that the development (part or whole) is in accordance with the respective Development Consent, Construction Certificate. Reason: To ensure compliance with the EP&A Act and Regulations.

20. Occupation Certificate Required Prior to the commencement of any use and/or occupation of the subject development (whole or part), an Occupation Certificate must be issued. Prior to the issue of any Occupation Certificate, the Principal Certifier must be satisfied that the development (part or whole) is in accordance with the respective Development Consent, Construction Certificate. Reason: To ensure compliance with the EP&A Act and Regulations.

26. Occupation Certificate Required Prior to the commencement of any use and/or occupation of the subject development (whole or part), an Occupation Certificate must be issued. Prior to the issue of any Occupation Certificate, the Principal Certifier must be satisfied that the development (part or whole) is in accordance with the respective Development Consent, Construction Certificate. Reason: To ensure compliance with the EP&A Act and Regulations.

95. Occupation Certificate Required Prior to the commencement of any use and/or occupation of the subject development (whole or part), an Occupation Certificate must be issued. Prior to the issue of any Occupation Certificate, the Principal Certifier must be satisfied that the development (part or whole) is in accordance with the respective Development Consent, Construction Certificate. Reason: To ensure compliance with the EP&A Act and Regulations.

16. Adaptable Units Before the issue of the relevant Construction Certificate, a report prepared by a suitably qualified consultant is to be prepared to demonstrate, to the certifier’s satisfaction, that any adaptable dwellings specified in the approved plans or supporting documentation comply with the provisions of AS 4299-1995 Adaptable Housing Standards. Reason: To ensure adaptable units are designed in accordance with the Australian Standard.

24. Kerb and Gutter Protection Before the commencement of any site or building work, the developer shall provide adequate footpath, kerb and gutter protection at all points of entry to the site in accordance with Council’s Code of Protection of Footpaths and Erection of Hoardings. This protection shall be maintained in good condition throughout the course of construction. Page 9 of 23 ATTACHMENT A Reason: To ensure Council assets are maintained.

35. Adaptable Dwellings for the Residential Flat Building The residential flat building must incorporate 18 adaptable dwellings. Plans submitted with the Construction Certificate must illustrate that the required adaptable dwellings have been designed in accordance with the requirements of AS 4299-1995 for a class C Adaptable House. Reason: To ensure the required adaptable dwellings are appropriate designed. Page 18 of 40 18626402.1 ATTACHMENT *

11. Kerb and Gutter Protection Before the commencement of any site or building work, the developer shall provide adequate footpath, kerb and gutter protection at all points of entry to the site in accordance with Council’s Code of Protection of Footpaths and Erection of Hoardings. This protection shall be maintained in good condition throughout the course of construction. Reason: To ensure Council assets are maintained. DURING BUILDING WORK

14. Vehicular Crossing Application Before the issue of a Building Construction Certificate, a vehicular crossing application shall be submitted to and approved by Council. Access to the development shall be via an industrial crossing in accordance with Council's requirements. All vehicular crossings shall be located a minimum of one (1) metre from any utility pillar/pole. Reason: To ensure compliance with Council Vehicular Crossing Policy.

21. Vehicular Crossing Application Before the issue of a Construction Certificate, a vehicular crossing application shall be submitted to and approved by Council. Access to the development shall be via a heavy vehicle crossing in accordance with Council's requirements. All vehicular crossings shall be located a minimum of one (1) metre from any utility pillar/pole. Reason: To ensure compliance with Council Vehicular Crossing Policy.

8. Landscape Management Plan Before the issue of a Construction Certificate, a Landscape Management Plan shall be submitted to, and approved in writing by Fairfield City Council. The Plan shall include details demonstrating how the proposed landscaping will be managed and maintained over a period of five (5) years from the issue of the Occupation Certificate. Reason: To ensure compliance with Council’s Development Control Plan.

7. Fencing Plan Before the issue of a Construction Certificate, the applicant shall submit and obtain written approval from Fairfield City Council, a detailed Fencing Plan that identifies the material, types, finishes and heights of fencing along the boundaries of the site, particularly the southern boundary. Page 8 of 40 18626402.1 ATTACHMENT * Reason: To ensure there is a unified approach to the provision of boundary fencing.

2. Payment of Building and Construction Industry Long Service Levy Before the issue of a Construction Certificate, the long service levy of $15686.00 as calculated at the date of this consent to the Long Service Corporation or Council under section 34 of the Building and Construction Industry Long Service Payments Act 1986 and provides proof of this payment to the certifier. Reason: To ensure the long service levy is paid.

14. Payment of Building and Construction Industry Long Service Levy Before the issue of a Construction Certificate, the long service levy of $75,075 as calculated at the date of this consent to the Long Service Corporation or Council under section 34 of the Building and Construction Industry Long Service Payments Act 1986 and provides proof of this payment to the certifier. Reason: To ensure the long service levy is paid.

41. Kerb and Gutter Protection Before the commencement of any site or building work, the developer shall provide adequate footpath, kerb and gutter protection at all points of entry to the site in accordance with Council’s Code of Protection of Footpaths and Erection of Hoardings. This protection shall be maintained in good condition throughout the course of construction. Reason: To ensure Council assets are maintained.

27. Procedure for Critical Stage Inspections While building work is being carried out, any such work must not continue after each critical stage inspection unless the principal certifier is satisfied the work may proceed in accordance with this consent and the relevant construction certificate. Page 10 of 23 ATTACHMENT A Reason: To require approval to proceed with building work following each critical stage inspection.

13. Procedure for Critical Stage Inspections While building work is being carried out, any such work must not continue after each critical stage inspection unless the principal certifier is satisfied the work may proceed in accordance with this consent and the relevant construction certificate. Reason: To require approval to proceed with building work following each critical stage inspection Page 5 of 14 ATTACHMENT A

12. Procedure for Critical Stage Inspections While building work is being carried out, any such work must not continue after each critical stage inspection unless the principal certifier is satisfied the work may proceed in accordance with this consent and the relevant construction certificate. Reason: To require approval to proceed with building work following each critical stage inspection. Page 4 of 11

16. Directional Signage Prior to the issue of a Construction Certificate, amended architectural plans shall be submitted to and approved by the Manager of Development Planning at Fairfield City Council, providing additional building identification signage to clearly inform staff and visitors where they can and cannot access both Warehouses A and B. Reason: To improve directions for staff and visitors.

45. Procedure for Critical Stage Inspections While building work is being carried out, any such work must not continue after each critical stage inspection unless the principal certifier is satisfied the work may proceed in accordance with this consent and the relevant construction certificate. Reason: To require approval to proceed with building work following each critical stage inspection.

20. Construction Certificate Required Before the commencement of any site or building work, a Construction Certificate is required to be issued by a Certifier. Page 8 of 23 ATTACHMENT A Enquiries regarding the issue of a Construction Certificate can be made to Council’s Customer Service Centre on 9725 0222. Reason: To ensure compliance with the EP&A Act and Regulations

10. Construction Certificate Required Before the commencement of any site or building work, a Construction Certificate is required to be issued by a Certifier. Enquiries regarding the issue of a Construction Certificate can be made to Council’s Customer Service Centre on 9725 0222. Reason: To ensure compliance with the EP&A Act and Regulations DURING BUILDING WORK

9. Building Code of Australia Non-Compliances Before the issue of a Construction Certificate, the Building Code of Australia non-compliances identified in the report prepared by New Crown Consulting, Reference No. NEW230515, shall be resolved to the satisfaction of the Certifier. Reason: To ensure compliance with the BCA. BEFORE THE COMMENCEMENT OF BUILDING WORK

8. Construction Certificate Required Before the commencement of any site or building work, a Construction Certificate is required to be issued by a Certifier. Enquiries regarding the issue of a Construction Certificate can be made to Council’s Customer Service Centre on 9725 0222. Reason: To ensure compliance with the EP&A Act and Regulations. Page 3 of 11

37. Construction Certificate Required Before the commencement of any site or building work, a Construction Certificate is required to be issued by a Certifier. Enquiries regarding the issue of a Construction Certificate can be made to Council’s Customer Service Centre on 9725 0222. Reason: To ensure compliance with the EP&A Act and Regulations.

7. Construction Certificate Required Before the commencement of any site or building work, a Construction Certificate is required to be issued by a Certifier. Enquiries regarding the issue of a Construction Certificate can be made to Council’s Customer Service Centre on 9725 0222. Reason: To ensure compliance with the EP&A Act and Regulations

3. Endeavour Energy The application must comply at all times with the Endeavour Energy Letter, dated 22 August 2024, attached at the end of this development consent. Reason: To comply with Endeavour Energy requirements. BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE

3. Previous Consent Issued for the Site The subject Development Consent No. DA 69.1/2024 shall be read in conjunction with Development Consent No. DA 687.1/2014 (as amended in accordance with Condition 2 above). BEFORE THE ISSUE OF A CONSTRUCTION CERTIFICATE