Willoughby Construction Management Conditions

8. Ausgrid Conditions The applicant/developer should note the following comments below regarding any proposal within the proximity of existing electrical network assets. The following conditions from Ausgrid must be complied with: I. Ausgrid Underground Cables are in the vicinity of the development: a. Special care should be taken to ensure that driveways and any other construction activities do not interfere with existing underground cables located in the footpath or adjacent roadways. b. It is recommended that the developer locate and record the depth of all known underground services prior to any excavation in the area. Information regarding the position of cables along footpaths and…

60. Ausgrid Ausgrid does not object to the proposed development. The applicant/developer should note the following comments below regarding any proposal within the proximity of existing electrical network assets. Reference: DA-2023/256 Page 29 of 59 PPSSNH-433 (a) Ausgrid Underground Cables are in the vicinity of the development Special care should be taken to ensure that driveways and any other construction activities do not interfere with existing underground cables located in the footpath or adjacent roadways. It is recommended that the developer locate and record the depth of all known underground services prior to any excavation in the area. Information regarding the position of cables…

60. Ausgrid Ausgrid does not object to the proposed development. The applicant/developer should note the following comments below regarding any proposal within the proximity of existing electrical network assets. (a) Ausgrid Underground Cables are in the vicinity of the development Special care should be taken to ensure that driveways and any other construction activities do not interfere with existing underground cables located in the footpath or adjacent roadways. It is recommended that the developer locate and record the depth of all known underground services prior to any excavation in the area. Information regarding the position of cables along footpaths and roadways can be obtained by…

89. Construction Noise and Vibration Construction noise and vibration shall be controlled to comply with the requirements as set out in the EPA Interim Construction Noise Guideline (ICNG), appropriate vibration criteria, the Construction Noise and Vibration Management Plan (CNVMP). Reference: DA-2023/256 Page 38 of 59 PPSSNH-433 Noise levels shall be managed so as to not exceed the following noise criteria wherever possible: Time of day Management Level How to apply L * Aeq(15min) Monday to Friday Noise affected The noise affected level represents the 7am to 6pm RBL + 10 dB point above which there may be some community reaction to noise. Saturday 8am to 1pm • Where the predicted or measured…

16. Planning Agreement Prior to the issue of first Construction Certificate, the obligations under the Planning Agreement relating to this development executed on 8 June 2023 are to be satisfied at the timing specified under Schedule 2 of the Planning Agreement. Contact Council for a CPI indexation adjustment prior to paying the contribution of item A1 below. Prior to carrying out the items B1, B2, B3 and D below at their respective timing, contact Council for requirements (e.g. approvals & specifications) relating to these items. See reference clauses for details. Voluntary Planning Agreement (VPA) Contribution Item Timing Reference in VPA A1. Pay $100,000 monetary contribution 7 days…

90. Planning Agreement Prior to the issue of first Occupation Certificate, the obligations under the Planning Agreement relating to this development executed on 8 June 2023 are to be satisfied at the timing specified under Schedule 2 of the Planning Agreement. Contact Council for a CPI indexation adjustment prior to paying the contribution of item A1 below. Prior to carrying out the items B1, B2, B3 and D below at their respective timing, contact Council for requirements (e.g. approvals & specifications) relating to these items. See reference clauses for details. Voluntary Planning Agreement (VPA) Contribution Item Timing Reference in VPA A1. Pay $100,000 monetary contribution 7 days prior…

13. S7.11 Contribution Prior to the issue of the Construction Certificate, a monetary contribution is to be paid to in accordance with section 7.11 of Environmental Planning and Assessment Act, 1979 in the amount of $440,528.06 for the purposes of the Local Infrastructure identified in the Willoughby Local Infrastructure Contributions Plan. Active transport and public domain facilities $18,787.42 Open space and recreation facilities $345,293.61 Plan administration $6,510.35 Recoupment – community facilities $66,406.08 Recoupment – open space and recreation $3,530.61 Total $440,528.06 Indexation The monetary contribution must be indexed between the date of this Development Consent and the…

14. S7.11 Contribution Prior to the issue of the Construction Certificate, a monetary contribution is to be paid to in accordance with section 7.11 of Environmental Planning and Assessment Act, 1979 in the amount of $704,672.40 for the purposes of the Local Infrastructure identified in the Willoughby Local Infrastructure Contributions Plan. Active transport and public domain facilities $30,052.54 Open space and recreation facilities $552,334.55 Plan administration $10,413.95 Recoupment - community facilities $106,223.74 Recoupment - open space and recreation $5,647.61 Total $704,672.40 Indexation The monetary contribution must be indexed between the date of this Development Consent and the…

14. Housing and Productivity Contribution (HPC) 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 Amount (HPC) Residential – 23 dwellings x $10,000 $230,000 (1x affordable dwelling exempted) Total HPC $230,000 The HPC must be paid using the NSW planning portal: https://pp.planningportal.nsw.gov.au/. Note: The Planning Portal will be charging based on an indexed rate upon payment. At the time of payment, the amount of the HPC is to be adjusted by indexation in accordance with the Environmental Planning and Assessment (Housing and Productivity Contributions)…

6. Housing and Productivity Contribution (HPC) Before issue of the Construction Certificate, the Housing and Productivity Contribution (HPC) set out in the table below is required to be made. Housing and Productivity Contribution (HPC) Amount HPC (base component) $276,214.48 Total HPC $276,214.48 The HPC must be paid using the NSW planning portal: https://pp.planningportal.nsw.gov.au/ At the time of payment, the amount of the HPC is to be adjusted by indexation in accordance with the Environmental Planning and Assessment (Housing and Productivity Contributions) Order 2024 (HPC Order). The HPC may be made wholly or partly as a non-monetary contribution (apart from any transport project…

15. Housing and Productivity Contribution (HPC) Before the Issue of first Subdivision Certificate for the residential subdivision or first Construction Certificate for the mixed-use development, whichever is earlier, the Housing and Productivity Contribution (HPC) set out in the table below is required to be made. Housing and Productivity Contribution (HPC) Amount HPC (base component of 37 dwellings x $10,000) $370,000 Total HPC $370,000 The HPC must be paid using the NSW planning portal: https://pp.planningportal.nsw.gov.au/ At the time of payment, the amount of the HPC is to be adjusted by indexation in accordance with the Environmental Planning and Assessment (Housing and Productivity…

45. Waste Storage Room Construction A design certificate and detailed plans are to accompany any Construction Certificate application which demonstrates that the waste storage has been designed to be constructed in accordance with the Waste Management Guide and including the following requirements: (a) The floor is to be constructed of concrete at least 75mm thick and adequately graded to drain to a Sydney Water approved drainage fitting; (b) The floor must be finished so that it is non-slip and has a smooth and even surface covered at all intersections; (c) The ceilings and walls must be finished with smooth faced non-absorbent material capable of being cleaned; (d) The room is to be…

59. Shared Path and Right-of-Way Prior to the issue of the Construction Certificate the Architectural and Landscape Plans are to be amended to show a 3m wide shared path parallel with Pacific Highway frontage, commencing at a point 1.5m from the kerb, in accordance with Council’s Shared Path Policy and Willoughby Development Control Plan Part L. Planting within the verge setback (from the Pacific Highway kerb to a point 1.5m from the kerb) must be planting that achieves approximately 1m in height at maturity, so as to preserve sightlines for vehicles. The plans shall also notate that a right-of-way is to be registered over all that part of the site within 4m of the front boundary (fronting…

59. Shared Path and Right-of-Way Prior to the issue of the Construction Certificate the Architectural and Landscape Plans are to be amended to show a 3m wide shared path parallel with Pacific Highway frontage, commencing at a point 1.5m from the kerb, in accordance with Council’s Shared Path Policy and Willoughby Development Control Plan Part L. Planting within the verge setback (from the Pacific Highway kerb to a point 1.5m from the kerb) must be planting that achieves approximately 1m in height at maturity, so as to preserve sightlines for vehicles. The plans shall also notate that a right-of-way is to be registered over all that part of the site within 4m of the front boundary (fronting…

75. Building Site Fencing Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied. Reference: DA-2023/256 Page 33 of 57 PPSSNH-433 A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5m). Temporary fences are to have a minimum height of 1.8m and be constructed of cyclone wire or similar with fabric attached to the inside of the fence to provide dust control. Fences are to be structurally adequate and be constructed…

33. Waste Storage Room Construction A design certificate and detailed plans are to accompany any Construction Certificate application which demonstrates that the waste storage has been designed to be constructed in accordance with the Waste Management Guide and including the following requirements: (a) The floor is to be constructed of concrete at least 75mm thick and adequately graded to drain to a Sydney Water approved drainage fitting; (b) The floor must be finished so that it is non-slip and has a smooth and even surface covered at all intersections; (c) The ceilings and walls must be finished with smooth faced nonabsorbent material capable of being cleaned; (d) The room is to be…

64. Dilapidation Report of Adjoining Properties Prior to commencement of work, submit a photographic survey and report of each of the adjoining properties (including each strata lot): 613-627 Pacific Highway Chatswood and any other properties deemed necessary by a suitably qualified geotechnical engineer, to the Certifier and all owners of these adjoining properties. Such photographic survey and report shall be prepared by a suitably qualified person, detailing the physical condition of these properties, both internal and external including items as walls, ceilings, roof, structural members and other items as necessary. In the event of a property owner refusing to allow access to carry out…

68. Building Site Fencing Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied. A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5m). Temporary fences are to have a minimum height of 1.8m and be constructed of cyclone wire or similar with fabric. attached to the inside of the fence to provide dust control. Fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of…

75. Building Site Fencing Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied. A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5m). Temporary fences are to have a minimum height of 1.8m and be constructed of cyclone wire or similar with fabric attached to the inside of the fence to provide dust control. Fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of…

42. Building Site Fencing Public access to the site and building works, materials and equipment on the site is to be restricted, when work is not in progress or the site is unoccupied. A temporary safety fence is to be provided to protect the public, located to the perimeter of the site (unless the site is separated from the adjoining land by an existing structurally adequate fence, having a minimum height of 1.5m). Temporary fences are to have a minimum height of 1.8m and be constructed of cyclone wire or similar with fabric attached to the inside of the fence to provide dust control. Fences are to be structurally adequate and be constructed in a good and workmanlike manner and the use of…

52. Fibre-Ready Facilities and Telecoms Infrastructure Prior to the issue of a Construction Certificate, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifier that arrangements have been made for: (a) The installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose. and (b) The provision of fixed-line telecommunications infrastructure in the…

51. Fibre-Ready Facilities and Telecoms Infrastructure Prior to the issue of a Construction Certificate, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifier that arrangements have been made for: (a) The installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose. and (b) The provision of fixed-line telecommunications infrastructure in the…

32. Fibre-Ready Facilities and Telecoms Infrastructure Prior to the issue of a Construction Certificate, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifier that arrangements have been made for: a. The installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose. and b. The provision of fixed-line telecommunications infrastructure in the…

40. Fibre-Ready Facilities and Telecoms Infrastructure Prior to the issue of a Construction Certificate, the developer (whether or not a constitutional corporation) is to provide evidence satisfactory to the Certifier that arrangements have been made for: (a) The installation of fibre-ready facilities to all individual lots and/or premises in a real estate development project so as to enable fibre to be readily connected to any premises that is being or may be constructed on those lots. Demonstrate that the carrier has confirmed in writing that they are satisfied that the fibre ready facilities are fit for purpose. and (b) The provision of fixed-line telecommunications infrastructure in the…

78. Construction Noise Construction noise and vibration shall be controlled to comply with the requirements as set out in the EPA Interim Construction Noise Guideline (ICNG), appropriate vibration criteria and the Construction Noise and Vibration Management Plan (CNVMP). Noise levels shall be managed so as to not exceed the following noise criteria wherever possible: • Affected residential properties (during ICNG recommended standard hours) – Noise affected level of RBL + 10dB and Highly noise affected level (i.e. noise level above which there may be strong community reaction) ≤ 75dB(A)Leq(15mins). • Affected commercial premises (i.e. office, retail outlets etc.) – 70dB(A)Leq(15mins). Where…

86. Excavation Noise Construction noise shall be controlled to comply with the requirements as set out in the EPA Interim Construction Noise Guideline (ICNG). Noise levels shall not exceed the following noise criteria: (a) Affected residential properties (during ICNG recommended standard hours) – Noise affected level of RBL + 10dB and Highly noise affected level (i.e. noise level above which there may be strong community reaction) ≤ 75dB(A) . Leq(15mins) (b) Affected commercial premises (i.e. office, retail outlets etc.) – 70dB(A) . Leq(15mins) If noise complaint investigation or monthly monitoring reveal that the highly affected criteria is exceeded, appropriate measures to control…

58. Dilapidation Report of Council’s Property Submit a dilapidation report including photographic record of Council’s property extending to a distance of 50m from the development and 20m beyond the new footpath linking the site to the existing bus stop, detailing the physical condition of items such as, but not exclusively to, the footpath, roadway, nature strip, and any retaining walls. The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded under the requirements of this condition prior to the commencement of works. In this regard, the damage deposit lodged by the applicant may be used by…

63. Dilapidation Report of Council’s Property Reference: DA-2023/256 Page 29 of 57 PPSSNH-433 Submit a dilapidation report including photographic record of Council’s property extending to a distance of 50m from the development, detailing the physical condition of items such as, but not exclusively to, the footpath, roadway, nature strip, and any retaining walls. The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded under the requirements of this condition prior to the commencement of works. In this regard, the damage deposit lodged by the applicant may be used by Council to repair such damage…

51. Dilapidation Report of Council’s Property Submit a dilapidation report including photographic record of Council’s property extending to a distance of 50m from the development, detailing the physical condition of items such as, but not exclusively to, the footpath, roadway, nature strip, and any retaining walls. Reference: DA-2024/106 Page 31 of 78 The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded under the requirements of this condition prior to the commencement of works. In this regard, the damage deposit lodged by the applicant may be used by Council to repair such damage on…

59. Dilapidation Report of Adjoining Properties Prior to commencement of work, submit a photographic survey and report of the adjoining properties 76 Deepwater Road, 12 Amaroo Avenue and 15 Amaroo Avenue to the Certifier and all owners of these adjoining properties. Such photographic survey and report shall be prepared by a suitably qualified person, detailing the physical condition of these properties, both internal and external including items as walls, ceilings, roof, structural members and other items as necessary. In the event of a property owner refusing to allow access to carry out the photographic survey, the proponent must demonstrate in writing to the Certifier, and provide a copy…

55. Public Art Contribution Prior to the issue of a Construction Certificate, provide a Public Art Strategy clearly outlining the following:  Demonstration of Excellence  Composition of the Public Art Panel comprising, noting WCC representation:  Developer representative Willoughby City Council representative (Urban Design Specialist and Arts and Culture Manager)  Independent Art Specialist (TBA) Project budget including breakdown:  Project (building ) CIV  Public Art budget Public Art Ownership:  Dedication of the Public Art to the people of Willoughby  Agreement between Developer/Body Corporate and WCC regarding ownership  Artist Rights  Deaccession Plan/Agreement as noted in…

84. Construction Noise Construction noise shall be controlled to comply with the requirements as set out in the EPA Interim Construction Noise Guideline (ICNG). Noise levels shall not exceed the following noise criteria: (a) Affected residential properties (during ICNG recommended standard hours) – Noise affected level of RBL + 10dB and Highly noise affected level (i.e. noise level a bove which there may be strong community reaction) ≤ 75dB(A) Leq(15mins) . (b) Affected commercial premises (i.e. office, retail outlets etc.) – 70dB(A) . Leq(15mins) A noise and/or vibration monitoring plan shall be implemented during construction in the event of a complaint being received by Council or the…

59. Dilapidation Report of Council’s Property Submit a dilapidation report including photographic record of Council’s property extending to a distance of 50m from the development, detailing the physical condition of items such as, but not exclusively to, the footpath, roadway, nature strip, and any retaining walls. The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded under the requirements of this condition prior to the commencement of works. In this regard, the damage deposit lodged by the applicant may be used by Council to repair such damage on Council’s property. This dilapidation report…

55. Public Art Contribution Prior to the issue of a Construction Certificate, provide a Public Art Strategy clearly outlining the following: • Demonstration of Excellence • Composition of the Public Art Panel comprising, noting WCC representation: • Developer representative Willoughby City Council representative (Urban Design Specialist and Arts and Culture Manager) • Independent Art Specialist (TBA) Project budget including breakdown: • Project (building ) CIV Public Art budget Public Art Ownership: • Dedication of the Public Art to the people of Willoughby • Agreement between Developer/Body Corporate and WCC regarding ownership • Artist Rights • Deaccession Plan/Agreement as noted in The…

63. Dilapidation Report of Council’s Property Submit a dilapidation report including photographic record of Council’s property extending to a distance of 50m from the development, detailing the physical condition of items such as, but not exclusively to, the footpath, roadway, nature strip, and any retaining walls. The developer may be held liable to any recent damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded under the requirements of this condition prior to the commencement of works. In this regard, the damage deposit lodged by the applicant may be used by Council to repair such damage on Council’s property. This dilapidation report…

8. Damage Deposit – Stage 1 Prior to the issue of the Construction Certificate for Stage 1, the applicant shall lodge a Damage Deposit of $230,000 (GST Exempt) to Council against possible damage to Council’s assets and any infrastructure within the road reserve/footway during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to Stage 1 of the proposed development. Where this payment is made under DA-2021 this condition is also satisfied. For the purpose of inspections carried out by Council Engineers, an inspection fee of $176 (GST Exempt) is payable to Council. Any damages identified by Council shall…

58. Dilapidation Report of Adjoining Properties Prior to commencement of work, submit a photographic survey and report of the adjoining property at 116 Edinburgh Road to the Certifier and all owners of these adjoining properties. Such photographic survey and report shall be prepared by a suitably qualified person, detailing the physical condition of this, both internal and external including items as walls, ceilings, roof, structural members and other items as necessary. In the event of a property owner refusing to allow access to carry out the photographic survey, the proponent must demonstrate in writing to the Certifier, and provide a copy to Council, that the purpose of the survey was…

105. Fire Safety Certificate Forwarded to NSW Fire and Rescue Prior to the issue of any Occupation Certificate and upon completion of the building work, a Fire Safety Certificate shall be furnished by the owner to Council, and the owner must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be forwarded to the Commissioner of New South Wales Fire and Rescue, and must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building in accordance with Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 in respect to each…

107. Fire Safety Certificate Forwarded to NSW Fire and Rescue Prior to the issue of any Occupation Certificate and upon completion of the building work, a Fire Safety Certificate shall be furnished by the owner to Council, and the owner must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be forwarded to the Commissioner of New South Wales Fire and Rescue, and must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building in accordance with Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 in respect to each…

71. Fire Safety Certificate Forwarded to NSW Fire and Rescue Prior to the issue of any Occupation Certificate and upon completion of the building work, a Fire Safety Certificate shall be furnished by the owner to Council, and the owner must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be forwarded to the Commissioner of New South Wales Fire and Rescue, and must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building in accordance with Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 in respect to each…

43. Acoustic Treatment for the Development In order to achieve the internal noise levels specified above in Condition 38, the proposed development shall be designed and constructed to incorporate the recommended acoustic treatments for glazing and other building elements from Section 6 of the Environmental Noise Assessment prepared by Day Design Pty Ltd, Report No 7817-1.1R , dated 17 November 2023, as a minimum. The required acoustic rating of the glazing assembly refers to the acoustic performance of the glazing once installed on site (including the frame). Plans and specifications showing the details of the proposed acoustic treatment shall be submitted to the Certifier prior to the…

8. Damage Deposit Prior to the issue of the Construction Certificate, the applicant shall lodge a Damage Deposit of $185,000 (GST Exempt) to Council against possible damage to Council’s assets and any infrastructure within the road reserve/footway during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee as per Council’s current Fees and Charges is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit. Total Payable =…

16. Damage Deposit Prior to the issue of the Construction Certificate, the applicant shall lodge a Damage Deposit of $190,000 (GST Exempt) to Council against possible damage to Council’s assets and any infrastructure within the road reserve/footway during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee as per Council’s Fees and Charges is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit. Total Payable = $190,000…

9. Temporary Ground Anchors Reference: DA-2023/256 Page 10 of 59 PPSSNH-433 Obtain written permission from all private property owners affected by any encroachment either below ground or the air space above as a result of any proposed temporary ground anchors prior to issue of the Construction Certificate. Permits are to be obtained from Council for any temporary ground anchors to be installed within the road reserve. Copies of the permission shall be sent to Council. A Temporary Ground Anchor Permit is to be obtained from Council for any ground anchors proposed to be installed in Council's Road Reserve. All works associated with the drilling and stressing of the ground anchors shall be…

41. Acoustic Treatment for the Development In order to achieve the internal noise levels specified above, the proposed development shall be designed and constructed to incorporate the recommended acoustic treatments for glazing and other building elements from the report by Pulse White Noise Acoustics Pty Ltd, Ref. 230226, Rev. 2, dated 1 July 2024, as a minimum. Reference: DA-2024/106 Page 27 of 78 The required acoustic rating of the glazing assembly refers to the acoustic performance of the glazing once installed on site (including the frame). Plans and specifications showing the details of the proposed acoustic treatment shall be submitted to the Certifier prior to the issue of the…

55. Management Plan for Public Open Space Prior to the issue of a construction certificate, the applicant shall prepare and submit a management plan for public open space areas for Council’s review and approval. The management plan is to address future management arrangements of areas in private ownership to be accessed by the public, including any outdoor dining, landscaping, public access and ongoing maintenance responsibilities. Documentation confirming approval by Willoughby City Council shall then be submitted to the Certifier for the application of a construction certificate. The approved Management Plan must then be implemented and maintained in perpetuity. (Reason: Ensure…

9. Damage Deposit – Stage 2 Prior to the issue of the Construction Certificate for Stage 2, the applicant shall lodge a Damage Deposit of $150,000 (GST Exempt) to Council against possible damage to Council’s assets and any infrastructure within the road reserve/footway during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to Stage 2 of the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee of $176 (GST Exempt) is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit. Total…

7. S7.11 Contribution Prior to the issue of the Construction Certificate, a monetary contribution is to be paid to in accordance with section 7.11 of Environmental Planning and Assessment Act, 1979 in the amount of $520,000.00 for the purposes of the Local Infrastructure identified in the Willoughby Local Infrastructure Contributions Plan. $22,176.70 Active transport and public domain facilities $407,585.10 Open space and recreation facilities $7,684.82 Plan administration $78,385.84 Recoupment - community facilities $4,167.54 Recoupment - open space and recreation $520,000.00 Total Indexation The monetary contribution must be indexed between the date of this Development Consent and the…

64. Adaptable units Prior to the issue of any Construction Certificate, the Certifier shall be satisfied that the nominated adaptable units nominated in the development application, 2.02, 2.03, 2.04, 2.05, 2.06, 2.07, 3.02, 3.03, 3.04, 3.05, 3.06, and 3.07, are designed as Class C Adaptable Housing in accordance with the provisions of Australian Standard AS4299-1995: Adaptable Housing and a notice placed on the power box identifying these units as adaptable. Evidence from an appropriately qualified professional demonstrating compliance with this standard is to be submitted to and approved by the Certifier prior to the issue of any Construction Certificate. (Reason: To ensure adaptability of…

25. Damage Deposit Prior to the issue of the Construction Certificate, the applicant shall lodge a Damage Deposit of $212,000 (GST Exempt) to Council against possible damage to Council’s assets and any infrastructure within the road reserve/footway during the course of the building works. The deposit will be refundable subject to inspection by Council after the completion of all works relating to the proposed development. For the purpose of inspections carried out by Council Engineers, an inspection fee of $260 (GST Exempt) is payable to Council. Any damages identified by Council shall be restored by the applicant prior to release of the Damage Deposit. Total Payable = $212,000 + $260 =…

10. Temporary Ground Anchors Obtain written permission from all private property owners affected by any encroachment either below ground or the air space above as a result of any proposed temporary ground anchors prior to issue of the Construction Certificate. Copies of the permission shall be sent to Council. All works associated with the drilling and stressing of the ground anchors shall be installed in accordance with approved drawings. Any temporary ground anchors proposed for the road reserve must be a minimum of 1.5m below the ground level and be distressed and removed on completion of the works. Temporary ground anchors will not be approved in the road reserve adjacent to Willoughby…

26. Temporary Ground Anchors Obtain written permission from all private property owners affected by any encroachment either below ground or the air space above as a result of any proposed temporary ground anchors prior to issue of the Construction Certificate. Permits are to be obtained from Council for any temporary ground anchors to be installed within the road reserve. Copies of the permission shall be sent to Council. A Temporary Ground Anchor Permit is to be obtained from Council for any ground anchors proposed to be installed in Council's Road Reserve. All works associated with the drilling and stressing of the ground anchors shall be installed in accordance with approved drawings.…

21. Temporary Ground Anchors Obtain written permission from all private property owners affected by any encroachment either below ground or the air space above as a result of any proposed temporary ground anchors prior to issue of the Construction Certificate. Permits are to be obtained from Council for any temporary ground anchors to be installed within the road reserve. Copies of the permission shall be sent to Council. A Temporary Ground Anchor Permit is to be obtained from Council for any ground anchors proposed to be installed in Council's Road Reserve. All works associated with the drilling and stressing of the ground anchors shall be installed in accordance with approved drawings.…

9. Temporary Ground Anchors Obtain written permission from all private property owners affected by any encroachment either below ground or the air space above as a result of any proposed temporary ground anchors prior to issue of the Construction Certificate. Permits are to be obtained from Council for any temporary ground anchors to be installed within the road reserve. Copies of the permission shall be sent to Council. A Temporary Ground Anchor Permit is to be obtained from Council for any ground anchors proposed to be installed in Council's Road Reserve. All works associated with the drilling and stressing of the ground anchors shall be installed in accordance with approved drawings.…

38. Building Ventilation To ensure that adequate provision is made for ventilation of the building, mechanical and/or natural ventilation shall be provided. These shall be designed in accordance with the provisions of: (a) The National Construction Code: (i) AS1668.1, AS1668.2 and AS3666.1 as applicable; and/or (ii) Alternative solution using an appropriate assessment method Details of all mechanical ventilation and exhaust systems, and certification provided Reference: DA-2024/106 Page 26 of 78 by an appropriately qualified person verifying compliance with these requirements, shall be submitted to the Certifier prior to the issue of the Construction Certificate. (Reason: Health and…

18. Building Ventilation To ensure that adequate provision is made for ventilation of the building, mechanical and/or natural ventilation shall be provided. These shall be designed in accordance with the provisions of: (a) The National Construction Code: (i) AS1668.1, AS1668.2 and AS3666.1 as applicable; and/or (ii) Alternative solution using an appropriate assessment method Details of all mechanical ventilation and exhaust systems, and certification provided by an appropriately qualified person verifying compliance with these requirements, shall be submitted to the Certifier prior to the issue of the Construction Certificate. (Reason: Health and compliance)

42. Building Ventilation To ensure that adequate provision is made for ventilation of the building, mechanical and/or natural ventilation shall be provided. These shall be designed in accordance with the provisions of: (a) The National Construction Code: (i) AS1668.1, AS1668.2 and AS3666.1 as applicable; and/or (ii) Alternative solution using an appropriate assessment method Details of all mechanical ventilation and exhaust systems, and certification provided by an appropriately qualified person verifying compliance with these requirements, shall be submitted to the Certifier prior to the issue of the Construction Certificate. (Reason: Health and compliance)

39. Building Ventilation To ensure that adequate provision is made for ventilation of the building, mechanical and/or natural ventilation shall be provided. These shall be designed in accordance with the provisions of: (a) The National Construction Code: (i) AS1668.1, AS1668.2 and AS3666.1 as applicable; and/or (ii) Alternative solution using an appropriate assessment method Details of all mechanical ventilation and exhaust systems, and certification provided by an appropriately qualified person verifying compliance with these requirements, shall be submitted to the Certifier prior to the issue of the Construction Certificate. (Reason: Health and compliance)

27. Any electrical services and metallic telecoms and metallic piping, whilst installed within easement are not to be run parallel with the overhead electricity mains for a combined total distance greater than 50m per service. Any parallel length greater than this will require additional Ausgrid consent when the services design is determined. Fibre communications cable does and plastic or concrete piping does not need to meet this requirement. PRIOR TO MAKING AN APPLICATION FOR A CONSTRUCTION CERTIFICATE The following conditions are to be complied with before any Construction Certificate Application is made to the Certifying Authority.

37. Safety and Transport Management Works Prior to an application for a Construction Certificate, detailed design plans, road safety audits and environmental factors (REF) must be submitted to Council to carry out the following works: Pedestrian and Bicycle Refuge (New) – Baringa Road and Strathallen Avenue intersection: (a) One 2.0 metre-wide minimum bicycle/ pedestrian refuge in Baringa Road at the intersection with Strathallen Avenue, east of Strathallen Avenue. (b) All necessary line marking, pavement marking and signposting to support the new traffic and parking arrangements (Reason: Public safety and amenity)

146. Acoustic Treatment – Certification Prior to the issue of any relevant Occupation Certificate, certification shall be provided from a suitably qualified acoustic engineer certifying that the acoustic treatment of the buildings complies with the approved construction details and the relevant design noise criteria contained in Section 6 of the Environmental Noise Assessment prepared by Day Design Pty Ltd, Report No 7817-1.1R , dated 17 November 2023. (Reason: Amenity, environmental compliance and health)

27. Planning Agreement Reference: DA-2023/256 Page 18 of 59 PPSSNH-433 Prior to the issue of first Construction Certificate, the obligations under the Planning Agreement executed on 20 October 2022 or the executed Deed of Variation relating to this development, that is, the instalment respective of the timing with its contribution $ value within Schedule 2 of the Planning Agreement is to be satisfied. Contact Council for an indexation (CPI) adjustment at the time of payment. (Reason: Ensure compliance)

53. Affordable Housing Fittings and Finishes Prior to the issue of the Construction Certificate, the applicant is to submit to the Council details of all internal fittings and finishes of the affordable housing dwellings. Reference: DA-2023/256 Page 27 of 59 PPSSNH-433 The applicant is responsible for obtaining written confirmation from Council that it is satisfied that the internal fittings and finishes are at the same standard as other dwellings within the development. (Reason: Amenity)

38. Services and Fire Hydrant Enclosure Prior to the issue of a Construction Certificate for works above Ground/Podium slab level, the Certifying Authority is to be provided with plans indicating that all Services (Gas meter, water meter & fire hydrant and sprinkler booster valves and the like) are enclosed in a manner that complements the building and in accordance with the requirements of EP1.3 & EP1.4 of the BCA. (Reason: To ensure essential services are appropriately screened)

48. Services and Fire Hydrant Enclosure Prior to the issue of a Construction Certificate for works above Ground/Podium slab level, the Certifying Authority is to be provided with plans indicating that all Services (Gas meter, water meter & fire hydrant and sprinkler booster valves and the like) are enclosed in a manner that compliments the building and in accordance with the requirements of EP1.3 & EP1.4 of the BCA. (Reason: To ensure essential services are appropriately screened)

48. Services and Fire Hydrant Enclosure Prior to the issue of a Construction Certificate for works above Ground/Podium slab level, the Certifying Authority is to be provided with plans indicating that all Services (Gas meter, water meter & fire hydrant and sprinkler booster valves and the like) are enclosed in a manner that compliments the building and in accordance with the requirements of EP1.3 & EP1.4 of the BCA. (Reason: To ensure essential services are appropriately screened)

121. Public Infrastructure Restoration Prior to the release of the Damage Deposit, any damaged public infrastructure caused as a result of the construction and development works on the subject site (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concrete delivery vehicles) must be fully repaired in accordance with Council’s specification and AUS-SPEC at no cost to Council. (Reason: Protection of public assets)

54. Services and Fire Hydrant Enclosure Prior to the issue of the relevant Construction Certificate for works above ground slab level, the Certifying Authority is to be provided with plans demonstrating that all Services (Gas meter, water meter & fire hydrant and sprinkler booster valves and the like) are enclosed in a manner that complements the building and in accordance with the requirements of the BCA. (Reason: To ensure essential services are appropriately screened)

53. Services and Fire Hydrant Enclosure Prior to the issue of the relevant Construction Certificate for works above ground slab level, the Certifying Authority is to be provided with plans demonstrating that all Services (Gas meter, water meter & fire hydrant and sprinkler booster valves and the like) are enclosed in a manner that complements the building and in accordance with the requirements of the BCA. (Reason: To ensure essential services are appropriately screened)

31. Affordable Housing Fittings and Finishes Prior to the issue of the Construction Certificate, the applicant is to submit to the Certifier details of all internal fittings and finishes of the affordable housing dwellings. The applicant is responsible for obtaining written confirmation from the Certifier that the Certifier is satisfied that the internal fittings and finishes are at the same standard as other dwellings within the development. (Reason: Amenity)

27. Planning Agreement Prior to the issue of first Construction Certificate, the obligations under the Planning Agreement executed on 20 October 2022 or the executed Deed of Variation relating to this development, that is, the instalment respective of the timing with its contribution $ value within Schedule 2 of the Planning Agreement is to be satisfied. Contact Council for an indexation (CPI) adjustment at the time of payment. (Reason: Ensure compliance)

39. Sydney Water ‘Tap In’ Prior to the issue of the Construction Certificate, the approved plans must be submitted online to “Sydney Water Tap In” to determine whether the development will affect Sydney Water’s sewer and water mains and to see if further requirements need to be met. An approval receipt will need to be obtained prior to release of the Construction Certificate. (Reason: Ensure compliance) Reference: DA-2023/256 Page 22 of 59 PPSSNH-433

49. Updated Operational Waste Management Plan Before the issue of a construction certificate, an updated Operational Waste Management Plan (WMP) should be submitted to Council. The plan must be prepared in accordance with Willoughby Development Control Plan 2023, specifically the Northern Sydney Regional Organisation of Councils (NSROC) Waste Management Technical Guide (2018) Section 3 and particularly Section 3.13.3 Collect and Return service.

51. Affordable Housing Fittings and Finishes Prior to the issue of the Construction Certificate, the applicant is to submit to the Council details of all internal fittings and finishes of the affordable housing dwellings. The applicant is responsible for obtaining written confirmation from Council that it is satisfied that the internal fittings and finishes are at the same standard as other dwellings within the development. (Reason: Amenity)

47. Sydney Water ‘Tap In’ Prior to the issue of the Construction Certificate, the approved plans must be submitted online to “Sydney Water Tap In” to determine whether the development will affect Sydney Water’s sewer and water mains and to see if further requirements need to be met. An approval receipt will need to be obtained prior to release of the Construction Certificate. (Reason: Ensure compliance)

20. Sydney Water ‘Tap In’ Prior to the issue of the Construction Certificate, the approved plans must be submitted online to “Sydney Water Tap In” to determine whether the development will affect Sydney Water’s sewer and water mains and to see if further requirements need to be met. An approval receipt will need to be obtained prior to release of the Construction Certificate. (Reason: Ensure compliance)

29. Sydney Water ‘Tap In’ Prior to the issue of the Construction Certificate, the approved plans must be submitted online to “Sydney Water Tap In” to determine whether the development will affect Sydney Water’s sewer and water mains and to see if further requirements need to be met. An approval receipt will need to be obtained prior to release of the Construction Certificate. (Reason: Ensure compliance)

28. External Finishes – Solar Absorptance The external roofing, glazing and walls of the proposed dwelling are to be of minimal reflectance so as to avoid nuisance in the form of glare or reflections to the occupants of nearby buildings, pedestrians and/or motorists. Details demonstrating compliance are to be submitted with the Construction Certificate application. (Reason: Visual amenity)

52. External Finishes – Solar Absorptance The external glazing and walls of the proposed dwelling are to be of minimal reflectance so as to avoid nuisance in the form of glare or reflections to the occupants of nearby buildings, pedestrians and/or motorists. Details demonstrating compliance are to be submitted with the Construction Certificate application. (Reason: Visual amenity)

165. Construction Certificate This consent IS NOT an approval to carry out any building works. A Construction Certificate may be required PRIOR TO ANY WORKS BEING COMMENCED. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000. (Reason: Ensure compliance and statutory requirement)

197. Construction Certificate This consent IS NOT an approval to carry out any building works. A Construction Certificate may be required PRIOR TO ANY WORKS BEING COMMENCED. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000. (Reason: Ensure compliance and statutory requirement)

9. Construction Certificate This consent IS NOT an approval to carry out any building works. A Construction Certificate may be required PRIOR TO ANY WORKS BEING COMMENCED. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000. (Reason: Ensure compliance and statutory requirement)

128. Construction Certificate This consent IS NOT an approval to carry out any building works. A Construction Certificate may be required PRIOR TO ANY WORKS BEING COMMENCED. Enquiries regarding the issue of a construction certificate can be made to Council’s Customer Service Centre on 9777 1000. (Reason: Ensure compliance and statutory requirement)

2. Local Infrastructure Contributions For development that involves subdivision and/or building work, any contribution required under Council’s Local Infrastructure Plan must be paid to Council prior to the issue of the subdivision certificate or first construction certificate, whichever occurs first. (Reason: Statutory requirement)

12. Erection Wholly within the Boundaries All works (with the exception of any works approved under S138 of the Roads Act 1993) including footings, shall be erected wholly within the boundaries of the property. (Reason: Ensure compliance) PRIOR TO MAKING AN APPLICATION FOR A CONSTRUCTION CERTIFICATE Condition 13

33. Awning Location Prior to the issue of a Construction Certificate, submit plans to the Certifying Authority that show the edge of the new awnings on Strathallen Avenue and Baringa Road set back a minimum of 600mm from the face of kerb. (Reason: Ensure compliance) Reference: DA-2024/106 Page 24 of 78

1. The Construction Certificate plans include all the matters referred to in the ESD report prepared by Thermal Environmental Engineering Pty Ltd ref: 2024042100 Rev 3 dated 09.05.2024and any additional ESD measures proposed for the achievement of the required [4/5] (or greater) Green Star - Building;

15. Local Infrastructure Contributions For development that involves building work, any contribution required under Council’s Local Infrastructure Plan must be paid to Council prior to the issue of the first construction certificate, whichever occurs first. (Reason: Statutory requirement)

49. Adaptable Units Adaptable residential units for disabled persons are to be provided at a rate of 50% of units (Total 19 units). Each adaptable unit is to be nominated on the Construction Certificate drawings. Each unit is to be provided with a disabled car space. (Reason: Amenity)

11. All metal work within the easement site including metallic fencing, are to be locally earthed by a qualified electrician via a 50 sq. mm stranded copper, insulated earthwire bonded to a copper-clad earthstake driven at least 1.6 metres into the ground.

51. Rock Hammering/Sawing Having regard to the residential nature of surrounding area rock sawing is to be used in preference to rock hammering during the excavation/construction phase of the development. (Reason: Amenity)

57. Creative Hoardings Provide a submission in accordance with the Willoughby Creative Hoarding Guidelines for the treatment to all site construction hoardings. (Reason: To align with WCC Creative Hoardings Guidelines)

57. Creative Hoardings Provide a submission in accordance with the Willoughby Creative Hoarding Guidelines for the treatment to all site construction hoardings. (Reason: To align with WCC Creative Hoardings Guidelines)

54. Green star certification Prior to the issue of any Construction Certificate, the Certifier must be satisfied that:

65. Green star certification Prior to the issue of any Construction Certificate, the Certifier must be satisfied that: