Waverley Construction Management Conditions

1. APPROVED PLANS AND DOCUMENTATION The development must be in accordance with: (a) Architectural Plans prepared by PBD Architects of Project No: 2223 including the following: Plan Number and Plan description Plan Date Date received by Revision Council DA098 Rev. P Basement 02 Floor Plan 01/05/2025 23/05/2025 DA099 Rev. P Basement 01 Floor Plan 01/05/2025 23/05/2025 DA100 Rev. V Ground Floor Plan 01/05/2025 23/05/2025 DA101 Rev. R Level 01 Plan 30/04/2025 23/05/2025 DA102 Rev. Q Level 02 Plan 01/05/2025 23/05/2025 DA103 Rev. P Level 03 Plan 30/04/2025 23/05/2025 DA104 Rev. S Roof Plan 01/05/2025 23/05/2025 DA200 Rev. P Elevations 30/04/2025 23/05/2025 DA201 Rev. P Elevations 30/04/2025…

10. SECTION 7.12 CONTRIBUTION A monetary development contribution is payable to Waverley Council pursuant to section 7.12 of the Environmental Planning and Assessment Act 1979 and the Waverley Council Development Contributions Plan in accordance with the following: (a) Where the total development cost is $500,000 or less: (i) a Cost Summary Report or Building Contract (dated within 12 months) or similar is to be submitted to Council’s Customer Service Centre to process payment. (b) Where the total development cost is more than $500,000 but less than $1,000,000: (i) a Detailed Cost Report (dated within 12 months) prepared by a registered Quantity Surveyor, Building Contract, or similar is to…

11. SECTION 7.12 CONTRIBUTION A monetary development contribution is payable to Waverley Council pursuant to section 7.12 of the Environmental Planning and Assessment Act 1979 and the Waverley Council Development Contributions Plan in accordance with the following: (a) Where the total development cost is $500,000 or less: (i) a Cost Summary Report or Building Contract (dated within 12 months) or similar is to be submitted to Council’s Customer Service Centre to process payment. Where the total development cost is more than $500,000 but less than $1,000,000: (ii) a Detailed Cost Report (dated within 12 months) prepared by a registered Quantity Surveyor, Building Contract, or similar is to be…

44. DILAPIDATION REPORT Before any site work commences, a dilapidation report must be prepared by a suitably qualified engineer detailing the structural condition of adjoining buildings, structures or works and public land to the satisfaction of the Principal Certifying Authority. At minimum, the following properties are to be included: (a) 2 Oceanview Avenue, Vaucluse (b) 685-687 Old South Head Road, Vaucluse. Where access has not been granted to an adjoining property to prepare the dilapidation report, the report must be based on a survey of what can be observed externally and demonstrate, in writing, to the satisfaction of the Principal Certifying Authority that all reasonable steps were…

78. CERTIFICATION OF PUBLIC INFRASTRUCTURE WORKS The issue of a final Compliance Certificate from the Council Engineer will be withheld should there be any outstanding fees and charges applicable to the development. This includes but not limited to fees applicable for engineering plans assessment and work inspection fees. The refund of any damage and/or security deposits will be subject to satisfactory restoration and rectification of all civil infrastructure that have dilapidated as a result of the construction activities associated with this development consent. To ensure satisfactory performance of the public domain works, a defects liability period of twelve (12) months shall apply to…

13. HOUSING AND PRODUCTIVITY CONTRIBUTIONS Before the issue of Construction Certificate, the housing and productivity contribution (HPC) set out in the table below is required to be made. - Housing and productivity contribution - Estimated at an Amount - Housing and productivity contribution (bas-e $298 028 component) - Transport project component - Nil - Estimated total housing and productivit-y $298 028 contribution 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 Productivity Contributions) Order 2024 (HPC Order). The HPC may be made wholly or…

44. DILAPIDATION REPORT - GENERAL A Dilapidation report is to be prepared for any adjoining or nearby property, including any outbuildings on these sites that may be subject to potential damage as determined by a practicing geotechnical or structural engineer as a result of any works being undertaken, including (but not necessarily limited to): • 157-159 Curlewis Street, Bondi Beach; • 116 Roscoe Street, Bondi Beach; • 118 Roscoe Street, Bondi Beach; • 120 Roscoe Street, Bondi Beach; • 122 Roscoe Street, Bondi Beach. The dilapidation report is be made available to affected property owners. The report is to be dated, submitted to, and accepted by the Principal Certifier, prior to any work…

45. RENEWABLE ENERGY AND ENERGY EFFICIENCY To enable all development to contribute to net zero greenhouse emissions by 2035, the following shall apply: (a) An electric hot water system is strongly encouraged in all developments. Recommended systems include electric heat pump, solar thermal with electric boost or electric storage. (b) Recommended swimming pool heating systems to include solar thermal only, solar thermal boosted with electric heat pump or electric heat pump. (c) No gas cooktops, gas ovens and gas heating systems are permitted. Alternate options must be used (such as electric, induction). (d) Recommended lighting systems to include LEDs with controls, such as motion sensors,…

58. PRE-CONSTRUCTION DILAPIDATION REPORT To ensure Council’s infrastructure is adequately protected, a pre-construction dilapidation report on the existing public infrastructure in the vicinity of the proposed development and along the travel routes of all construction vehicles is to be submitted to Council. The report must detail, but not be limited to, the location, description, and photographic record (in colour) of any observable defects to the following infrastructure where applicable: a) Road pavement b) Kerb and gutter c) Footpath d) Drainage pits and lintels e) Traffic signs f) Any other relevant infrastructure The report is to be dated, submitted to, and accepted by Council’s…

10. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with the Environmental Planning and Assessment Act 1979; (b) a Principal Certifier has been appointed and Council has been notified of the appointment in accordance with the Environmental Planning and Assessment Act 1979 and Environmental Planning and Assessment Regulation 2021; and (c) Council is given at least two days’ notice in writing of the intention to commence the building works. 10A. RELATIONSHIP TO DEVELOPMENT CONSENT DA-381/2023 – CONSOLIDATED CONSTRUCTION…

103. W1 ORK-AS-EXECUTED PLAN – PUBLIC DOMAIN To ensure public infrastructure works required under the consent are completed in accordance with the approved plans and specifications, a Work- as-Executed plan of the completed works, prepared by a registered surveyor, must be submitted for review to the Principal Certifying Authority and the Council. Any required rectification works must be carried out by the Applicant and approved by Council prior to the issue of any Occupation Certificate. The W.A.E plans are to note all departures clearly in red on a copy of the approved Construction Certificate plans and certification from an experienced chartered civil engineer must be submitted to…

21. VERIFICATION OF CONSTRUCTION CERTIFICATE DOCUMENTATION The preparation of the construction certificate plans shall be supervised and be to the satisfaction of an architect who is registered in accordance with the Architects Act 2003 (i.e. a qualified designer) in accordance with the requirements of the State Environmental Planning Policy (Housing) 2021. In accordance with the Environmental Planning and Assessment Regulation 2021, the Principal Certifying Authority must not issue a construction certificate unless it has received a design verification statement from a qualified designer which verifies that the construction certificate plans and specifications achieve or improve the design…

16. VERIFICATION OF CONSTRUCTION CERTIFICATE DOCUMENTATION (SEPP HOUSING 2021 BUILDINGS) The preparation of the construction certificate plans shall be supervised and be to the satisfaction of an architect who is registered in accordance with the Architects Act 2003 (i.e. a qualified designer) in accordance with the requirements of the State Environmental Planning Policy Housing 2021. In accordance with the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, the Principal Certifier must not issue a construction certificate unless it has received a design verification statement from a qualified designer which verifies that the construction…

28. SYDNEY WATER SECTION 73 COMPLIANCE CERTIFICATE APPLICATION An application to obtain a Section 73 Compliance Certificate under the Sydney Water Act 1994 must be made prior to the issue of the relevant Construction Certificate. The application must be made through an authorised Water Servicing Coordinator. For more information about making an application to obtain a Section 73 Compliance Certificate, please consult Sydney Water’s website. Following this application, a “Notice of Requirements” will be provided by Sydney Water that outlines any requirements of works to be completed prior to the issue of the Section 73 Compliance Certificate. Please make early contact with the Coordinator,…

2. GENERAL MODIFICATIONS The application is approved subject to the following plan amendments; (a) The Landscape Plan, SWG L500 prepared by ‘Oculus’ received by Council on 08/11/2023 is to be amended to replace the eight (8) Allocasuarina littoralis (black she-oak) with seven (7) Casuarina equisetifolia (coastal she-oak) with a minimum pot size of 200 litres when planted. The tree must be planted by a horticulturist (min qualification AQF Level 3). No other plant species substitutions are permitted. Condition reason: To provide for appropriate landscape species. The amendments are to be approved by Council’s Executive Manager, Development Assessment or delegate prior to the issue of the…

61. To ensure public infrastructure works required under the consent are completed in DA-455/2022 29 accordance with the approved plans and specifications, a Work-as-Executed plan of the completed works, prepared by a registered surveyor, must be submitted for review to the Principal Certifying Authority and the Council. Any required rectification works must be carried out by the Applicant and approved by Council prior to the issue of any Occupation Certificate. The W.A.E plans are to note all departures clearly in red on a copy of the approved Construction Certificate plans and certification from an experienced chartered civil engineer must be submitted to support all variations from the…

66. To ensure public infrastructure works required under the consent are completed in DA-455/2022 28 accordance with the approved plans and specifications, a Work-as-Executed plan of the completed works, prepared by a registered surveyor, must be submitted for review to the Principal Certifying Authority and the Council. Any required rectification works must be carried out by the Applicant and approved by Council prior to the issue of any Occupation Certificate. The W.A.E plans are to note all departures clearly in red on a copy of the approved Construction Certificate plans and certification from an experienced chartered civil engineer must be submitted to support all variations from the…

9. GROUND FLOOR LANDSCAPED AREA TO REAR Prior to the issue of any Occupation Certificate, the Applicant must submit a Plan of Management for the use and ongoing maintenance of the rear ground floor garden, for the written approval of the Council’s Executive Manager, Development Assessment (or delegate). The Plan of Management must specify that the garden is not to be used for any retail or commercial activity or use and must be used and maintained as passive open space only for the benefit of the occupants of the building. B. PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE The requirements outlined in this section are to be provided to the satisfaction of the Principal Certifier in all…

16. DETAILS OF EXCAVATION, SHORING OR PILE CONSTRUCTION A report shall be prepared by a suitably qualified and practising Structural Engineer/Geotechnical Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction…

3. MULTI UNIT HOUSING DEVELOPMENT DESIGN (SEPP HOUSING 2021 DEVELOPMENT) The approved design (including any element or detail of that design) or materials, finish or colours of the building must not be changed without the written approval of Council. (Amended DA-472/2022/A) 2A. COORDINATION OF DEVELOPMENT The works approved by this consent must occur in coordination with the works approved by DA- 381/2023 at 135 – 139 Curlewis Street, Bondi Beach: (a) Condition 10A requires a consolidated (and staged, where applicable) construction certificate(s) to be sought that relates to this development consent and DA-381/2023, (b) Condition 64B requires a consolidated (and staged, where applicable)…

26. DETAILS OF EXCAVATION, SHORING OR PILE CONSTRUCTION - A report shall be prepared by a suitably qualified and practising Structural Engineer/Geotechnical Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. - Any practices or procedures specified in the Structural Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction…

80. CERTIFICATION OF APPROVED DESIGN In accordance with the Environmental Planning and Assessment Regulations 2021, the Principal Certifying Authority must not issue an occupation certificate, to authorise a person to commence occupation or use of the development unless it has received a design verification statement from an architect who is registered in accordance with the Architects Act 2003 (i.e. qualified designer) that verifies that the building achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles. Condition reason: To maintain the…

37. ENERGY EFFICIENCY An Energy Assessment Report is to be submitted in accordance with the Waverley Development Control Plan 2022, which recommends design solutions to reduce the predicted operational energy demand and greenhouse gas emissions of the proposed development by 30% less than a reference building (i.e. NCC, Section J compliant only). The report is to be submitted and be to the satisfaction of Council’s Executive Manager, Environmental Sustainability (or delegate) prior to the issue of a Construction Certificate for any works above ground level. The construction certificate plans are to incorporate the recommendations of the approved Energy Assessment Report. Condition reason:…

23. ENERGY EFFICIENCY An Energy Assessment Report is to be submitted in accordance with the Waverley Development Control Plan 2022, which recommends design solutions to reduce the predicted operational energy demand and greenhouse gas emissions of the proposed development by 30% less than a reference building (i.e. NCC, Section J compliant only). The report is to be submitted and approved by Council’s Executive Manager, Environmental Sustainability (or delegate) prior to the issue of the relevant Construction Certificate for any works above ground level. The construction certificate plans are to incorporate the recommendations of the approved Energy Assessment Report. Condition reason: To…

24. DETAILS OF EXCAVATION, SHORING OR PILE CONSTRUCTION A report shall be prepared by a suitably qualified and practising Structural Engineer/Geotechnical Engineer detailing the proposed methods of bulk excavation, shoring or pile construction, including details of vibration emissions and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. Any practices or procedures specified in the Structural Engineer’s report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction…

68. CERTIFICATION OF APPROVED DESIGN In accordance with the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, the Principal Certifier must not issue an occupation certificate, to authorise a person to commence occupation or use of the development unless it has received a design verification statement from an architect who is registered in accordance with the Architects Act 2003 (i.e. qualified designer) that verifies that the building achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued, having regard to the design quality principles.

35. ENERGY EFFICIENCY An Energy Assessment Report is to be submitted in accordance with the Waverley Development Control Plan 2012, which recommends design solutions to reduce the predicted operational energy demand and greenhouse gas emissions of the proposed development by 30% less than a reference building (i.e. NCC, Section J compliant only). The report is to be submitted and be to the satisfaction of Council’s Executive Manager, Environmental Sustainability (or delegate) prior to the issue of a Construction Certificate for any works above ground level. The construction certificate plans are to incorporate the recommendations of the approved Energy Assessment Report.

3. SEAWALL DESIGN The seawall design is to be as per the details shown on Approved Drawings SK.123 Revision B and SK.124 Revision A prepared by ‘Warren and Mahoney Architects Australia Pty Ltd’ dated 20.12.2023. Should the Stage 2 Detailed Seawall Design referred to in Deferred Commencement Matter 1 require any changes to the seawall design, including but not limited to height or length, then a s4.55 modification application will be required to be submitted to, and approved by, the consent authority prior to the issue of any Construction Certificate. Condition reason: To ensure that any modifications to the approved development receive the appropriate consent.

7. PUBLIC ART The development is required to provide for a public artwork and have a minimum value of 1% of the construction costs (excluding administration and associated costs). Specific details and design of the proposed public art feature shall comply with Part B10 of Waverley Development Control Plan 2022 and 'Public Art in the Private Domain Guidelines' and are to be approved by Council's Executive Manager, Arts, Culture and Events (or delegate) prior to the issue of an occupation certificate. Condition reason: To ensure that public art is incorporated into the development. DA-22/2024 BUILDING WORK BEFORE ISSUE OF A CONSTRUCTION CERTIFICATE Condition

2. GENERAL MODIFICATIONS The application is approved subject to the following plan amendments; (a) The approved Landscape Plans referred to in condition 1(b) of this consent are to be updated to be in accordance with the approved Architectural Plans referred to in condition 1(a) of this consent. The amendments are to be approved by the Executive Manager, Development Assessment or delegate prior to the issue of any Construction Certificate. An electronic copy of the amended plans or additional information (see website for electronic document requirements) addressing this condition, including a covering letter shall be provided to Council for review.

9. SURRENDER OF DEVELOPMENT CONSENTS Development Consent Nos. DA-355/2018, DA-374/2020 and DA-455/2021 are to be surrendered by the applicant, in accordance with the requirements of the Environmental Planning and Assessment Regulation 2021. The surrender is to be received by Council prior to the issue of any Construction Certificate for works associated with this development consent. The surrender of the consents takes effect when Council receives the notice. Condition reason: To provide certainty that this development consent effectively supersedes and takes precedence over the previous development consents applying to various parts of the site.

11. LONG SERVICE LEVY A long service levy, as required under section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect of this building work. Evidence that the levy has been paid is to be submitted to the Principal Certifying Authority prior to the issue of any Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.25% of building work costing $250,000 or more. Condition reason: To ensure the long service levy is paid.

10. STAGE 2 DETAILED SEAWALL DESIGN A Stage 2 Detailed Seawall Design and wave return walls, including all required physical modelling and structural engineering detail, is to be undertaken by a suitably qualified Coastal Engineering Consultant and findings submitted to Council for the approval of Council’s Executive Manager, Development Assessment or delegate prior to the issue of the relevant Construction Certificate for the BSLSC building Condition reason: To ensure the Stage 2 detailed seawall design is undertaken by a suitably qualified Coastal Engineering Consultant.

52. APPLICATION TO WATER NSW Prior to the issue of any Construction Certificate, if required, an application pursuant to the Water Management Act 2000 shall be made with WaterNSW to obtain Water Supply Works (WSW) approval. A copy of the aforementioned approval must be submitted to Waverley Council or details confirming (by WaterNSW) why a WSW is not required. Condition Reason: This is to ensure that the development is complying with relevant authorities such as WaterNSW and EPA requirements. DA-22/2024 BEFORE BUILDING WORK COMMENCES Condition

24. HOARDING - To ensure the site is contained during construction, a hoarding is required for the approved works, which is to be designed and constructed in accordance with the requirements of Safe Work NSW. Where the hoarding is to be erected over the footpath or any public place, the approval of Council’s Compliance Unit must be obtained and the applicable fees paid, prior to the erection of the hoarding. Condition reason: To ensure safety to the general public.

14. HOARDING To ensure the site is contained during construction, a hoarding is required for the approved works, which is to be designed and constructed in accordance with the requirements of Safe Work NSW. Where the hoarding is to be erected over the footpath or any public place, the approval of Council’s Compliance Unit must be obtained and the applicable fees paid, prior to the erection of the hoarding. Condition reason: To ensure safety to the general public.

22. HOARDING To ensure the site is contained during construction, a hoarding is required for the approved works, which is to be designed and constructed in accordance with the requirements of Safe Work NSW. Where the hoarding is to be erected over the footpath or any public place, the approval of Council’s Compliance Unit must be obtained and the applicable fees paid, prior to the erection of the hoarding.

39. VERMIN AND RAT CONTROL A Pest and Vermin Control Management Plan prepared by a suitable qualified person outlining measures to be taken to reduce rat/vermin populations is to be submitted for the approval of Council’s Manager, Health and Compliance (or delegate) prior to the issue of a Construction Certificate for building works. (Amended DA-472/2022/A) NOISE

27. ENGINEERING DETAILS - Structural details are to be prepared and certified by a practicing Structural Engineer in connection with all structural components of the approved works, prior to the issue of the relevant Construction Certificate. Condition reason: To ensure structural stability of work on site. DA-22/2024

17. ENGINEERING DETAILS Structural details are to be prepared and certified by a practicing Structural Engineer in connection with all structural components of the approved works, prior to the issue of the relevant Construction Certificate. Condition reason: To ensure structural stability of work on site.