Newcastle Construction Management Conditions

3. Housing and Productivity Contribution A housing and productivity contribution is to be made, subject to: a) Any exclusion of the application of Subdivision 4 of Division 7.1 of the Environmental Planning and Assessment Act 1979 (the Act) to the development by a planning agreement, and Page 3 of 36 b) Any exemption or reduction provided by the Environmental Planning and Assessment (Housing and Productivity Contribution) Order 2023 (the Order). In this respect: a) The amount of the housing and productivity contribution, as at the date that this development consent is granted, is $120,000 b) The time by which the housing and productivity contribution must be made, is before the issue of the…

36. A Design Verification Statement from a qualified designer shall be submitted to the Certifying Authority. The statement shall confirm the Construction Certificate plans and specifications achieve or improve the design quality of the development for which consent is granted, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development. Full details are to be included in the documentation for the first Construction Certificate for the residential flat development. Note: ‘Qualified Designer’ means a person registered as an architect in accordance with the Architects Act 2003. This condition…

10. Vehicular crossings standards Before the issue of the first construction certificate for the development (i.e., whether for part or whole of a building), full details are to be provided to, and approval obtained or other satisfactory arrangements confirmed, in writing, from Newcastle City Council, pursuant to section 138 of the Roads Act 1993 for a residential vehicular crossing across the road reserve, in accordance with the following criteria: a) Designed in accordance with Newcastle City Council’s A1300 - Driveway Crossings Standard Design Details. b) The driveway crossing, within the road reserve, is to be a maximum of 5.9m wide. c) Letterboxes, landscaping and any other…

20. Landscape plans and specifications Before the issue of the first construction certificate for the development (i.e., whether for part or whole of a building), all proposed planting and landscape elements indicated on the approved landscape concept plan or otherwise required by the conditions of this consent are to be detailed on a comprehensive landscape plan and specification. The plan and specification are to be prepared in accordance with the provisions of Newcastle Development Page 9 of 36 Control Plan 2023 and is to include details of the following: a) cross sections through the site b) proposed contours or spot levels c) botanical names d) quantities and container size of all…

14. Public domain works required Before the issue of the first construction certificate for the development (i.e., whether for part or whole of a building), full details are to be provided to, and consent obtained, or other satisfactory arrangements confirmed in writing, from Newcastle City Council pursuant to Section 138 of the Roads Act 1993 for the following works to be constructed by the developer in connection with the proposed development within the Wharf Road public road reserve, adjacent to the site, at no cost to Newcastle City Council and in accordance with Newcastle City Council’s guidelines and design specifications: a) Construction of new driveway in accordance with City of…

28. House numbering Within one week of lodging an application for the first construction certificate for the development (i.e., whether for part or whole of a building), the applicant must submit a Street Numbering Application to Newcastle City Council to commence the addressing allocation process. The allocated addressing will be as per the Addressing Allocation document issued by Newcastle City Council and in accordance with the NSW Addressing Policy and the Australian/New Zealand Standard: Rural and Urban Addressing (AS/NZS 4819:2011). Any request for amendments to the Addressing Allocation must be submitted to Newcastle City Council for consideration and if approved, a revised…

16. Water tanks and plumbing direction Before the issue of the first construction certificate for the development (i.e., whether for part or whole of a building), details are to be provided demonstrating roof water from the proposed new work will be directed to the proposed water tank with a minimum capacity of 42,600 litres and being reticulated to any new toilet cisterns and cold water washing machine taps on the podium, first and second floor, with a mains water top up being installed to maintain between 10% and 15% of the tank capacity. Alternatively, an electronically activated mechanical valve device is to be installed to switch any new toilet cisterns and laundry taps to mains water…

92. A title search of the development site is to be completed prior to commencement of works to identify any existing electricity easements. If easements are present, Ausgrid must assess the proposed activity within the easement. 92A. Prior to commencement of site works for each respective stage of development the developer is to submit to the written satisfaction of City of Newcastle a Construction Parking Management Plan (CPMP) addressing the parking of construction vehicles and the transportation of construction personnel to the site. The CPMP is to detail a common location for the parking of construction vehicles outside of the Newcastle CBD area and utilise shuttle buses and for the…

92. A title search of the development site is to be completed prior to commencement of works to identify any existing electricity easements. If easements are present, Ausgrid must assess the proposed activity within the easement. 92A. Prior to commencement of site works for each respective stage of development the developer is to submit to the written satisfaction of City of Newcastle a Construction Parking Management Plan (CPMP) addressing the parking of construction vehicles and the transportation of construction personnel to the site. The CPMP is to detail a common location for the parking of construction vehicles outside of the Newcastle CBD area and utilise shuttle buses and for the…

36. A Design Verification Statement from a qualified designer shall be submitted to the Certifying Authority. The statement shall confirm the Construction Certificate plans and specifications achieve or improve the design quality of the development for which consent is granted, having regard to the design quality principles set out in Part 2 of State Environmental Planning Policy No. 65 - Design Quality of Residential Flat Development. Full details are to be included in the documentation for the first Construction Certificate for the residential flat development. Note: ‘Qualified Designer’ means a person registered as an architect in accordance with the Architects Act 2003. This condition…

11. Design Verification Statement Before the issue of each construction certificate for the development (i.e., whether for part or whole of a building), a statement from a qualified designer is to be provided, verifying that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles of State Environmental Planning Policy (Housing) 2021 - Design Quality of Residential Apartment Development. Page 6 of 36 Note: ‘Qualified Designer’ means a person registered as an architect in accordance with the Architects Act 2003. Condition reason: to ensure compliance with the State…

5. Fire protection and structural capacity The detailed design of the development is to include provisions for: a. fire protection and structural capacity of the building to be appropriate to its new use; Page 3 of 12 and b. the building to comply with the Category 1 fire safety measures (as defined by the Environmental Planning and Assessment Regulation 2021) that apply to the new use; and c. the fire protection and structural capacity of the building to not be reduced. Condition reason: To require detailed design to address matters that would be required to be addressed via a construction certificate application, in circumstances where the development is not crown building work. BEFORE…

36. Before the issue of each construction certificate for the development (i.e., whether for part or whole of a building), a statement from a qualified designer is to be provided, verifying that the plans and specifications achieve or improve the design quality of the development for which development consent was granted, having regard to the design quality principles of State Environmental Planning Policy (Housing) 2021, Chapter 4 Page 16 of 37 (Design of residential apartment development). Note: ‘Qualified Designer’ means a person registered as an architect in accordance with the Architects Act 2003. (Condition amended - MA2024/00381)

25. Hunter Water Requirements - compliance certificate Before the issue of the first construction certificate for the development (i.e., whether for part or whole of a building), a copy of a Hunter Water compliance certificate (Water Act 1991 - Section 50) or otherwise deemed appropriate by Hunter Water Corporation must be obtained and included in the construction certificate documentation. Note: Compliance is required with all of Hunter Water’s requirements to provide the development with water supply and sewerage service. Condition reason: to require a Hunter Water compliance certificate.

26. Mailbox for dwellings Before the issue of the first construction certificate for the development (i.e., whether for part or whole of a building), details are to be provided showing a group type mailbox at the street frontage in accordance with the requirements of Australia Post, clearly displaying individual unit numbers and the required street number. Full details are to be included in the documentation for the construction certificate application. Condition reason: to require details of mailboxes.

97. A post construction dilapidation report prepared by a suitability qualified person is to be submitted to the Principal Certifier prior to the issue of an Occupation Certificate, to ascertain whether any physical damage, caused by the construction work, has occurred to the adjoining buildings, infrastructure and roads. The report is also to be forwarded to the City of Newcastle and will be made available in any private dispute between neighbours regarding damage arising from construction works.

97. A post construction dilapidation report prepared by a suitability qualified person is to be submitted to the Principal Certifier prior to the issue of an Occupation Certificate, to ascertain whether any physical damage, caused by the construction work, has occurred to the adjoining buildings, infrastructure and roads. The report is also to be forwarded to the City of Newcastle and will be made available in any private dispute between neighbours regarding damage arising from construction works.

24. Screening of plant Before the issue of the first construction certificate for the development (i.e., whether for part or whole of a building), details are to be provided demonstrating that all external items of air conditioning plant will be screened or positioned in such a manner as to not detract from the visual presentation of the building. Full details are to be provided with documentation for the construction certificate application. Condition reason: to protect visual amenity.

13. Roads Act Approval Before the issue of the first construction certificate for the development (i.e., whether for part or whole of a building), a separate application is to be lodged and consent obtained from Newcastle City Council for all works within the road reserve pursuant to Section 138 of the Roads Act 1993, or other satisfactory arrangements confirmed in writing from the Newcastle City Council. Page 7 of 36 Condition reason: to ensure compliance with the Roads Act 1993.

56. A post construction dilapidation report prepared by a suitability qualified person shall be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate, to ascertain if any structural damage has occurred to the adjoining buildings, infrastructure and roads. The reports shall be forwarded to Council and will be made available in any private dispute between neighbours regarding damage arising from construction works. Page 15 of 29

55. A Landscape Practical Completion Report is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate. The report is to verify that all landscape works have been carried out in accordance with the comprehensive landscape design plan and specifications that were required to be included in documentation for a Construction Certificate application and is to verify that an effective maintenance program has been commenced.

55. A Landscape Practical Completion Report is to be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate. The report is to verify that all landscape works have been carried out in accordance with the comprehensive landscape design plan and specifications that were required to be included in documentation for a Construction Certificate application and is to verify that an effective maintenance program has been commenced.

102. A Landscape Practical Completion Report is to be submitted to the Principal Certifier prior to the issue of the Final Occupation Certificate. The report is to verify that all landscape works have been carried out in accordance with the comprehensive landscape design plan and specifications that were required to be included in documentation for a Construction Certificate application and is to verify that an effective maintenance program has been commenced.

102. A Landscape Practical Completion Report is to be submitted to the Principal Certifier prior to the issue of the Final Occupation Certificate. The report is to verify that all landscape works have been carried out in accordance with the comprehensive landscape design plan and specifications that were required to be included in documentation for a Construction Certificate application and is to verify that an effective maintenance program has been commenced.

56. A post construction dilapidation report prepared by a suitability qualified person shall be submitted to the Principal Certifying Authority prior to the issue of an Occupation Certificate, to ascertain if any structural damage has occurred to the adjoining buildings, infrastructure and roads. The reports shall be forwarded to Council and will be made available in any private dispute between neighbours regarding damage arising from construction works.

22. An application is to be made to and approved by Council for the erection of a hoarding or part closure of the footway prior to construction being commenced. Such overhead structure or protective fence shall comply with the Work Health and Safety Act 2011 (NSW), Work Health and Safety Regulation 2011 (NSW) and any relevant approved industry code of practice. Notice of intention of commencement must be given to WorkCover New South Wales.

50. An application is to be made to and approved by the City of Newcastle for the erection of a hoarding or part closure of the footway prior to construction being commenced. Such overhead structure or protective fence is to comply with the Work Health and Safety Act 2011, Work Health and Safety Regulation 2011 and any relevant approved industry code of practice. Notice of intention of commencement is to be given to SafeWork NSW.

50. An application is to be made to and approved by the City of Newcastle for the erection of a hoarding or part closure of the footway prior to construction being commenced. Such overhead structure or protective fence is to comply with the Work Health and Safety Act 2011, Work Health and Safety Regulation 2011 and any relevant approved industry code of practice. Notice of intention of commencement is to be given to SafeWork NSW.

3. On-site parking accommodation is to be provided for a minimum of 37 vehicles comprising 29 guest and 8 staff spaces and be set out generally in accordance with the minimum parking layout standards indicated in Element 7.03 ‘Traffic, Parking and Access’ of Council’s adopted Newcastle Development Control Plan 2012. Full details are to be included in documentation for a Construction Certificate application.

8. Certification from a structural engineer certifying that the structural strength and load bearing capacity of the existing building will be appropriate to its new use, and that the existing building is structurally adequate to support the superimposed loads of the new storeys, is to be submitted with any application for a Construction Certificate.

8. Certification from a structural engineer certifying that the structural strength and load bearing capacity of the existing building will be appropriate to its new use, and that the existing building is structurally adequate to support the superimposed loads of the new storeys, is to be submitted with any application for a Construction Certificate.

9. The existing building (designated as Building B) is to be upgraded so as to comply with the Performance Requirements of Parts C, D and E of Volume One of the Building Code of Australia. Full details on means of compliance are to be nominated in Construction Certificate documentation.