Bayside Contamination Conditions

2. Trade Waste Agreement - The car wash bay must be bunded in accordance with AS1940 and AS/NZS 4452 with direct connection to the sewer in accordance with a Sydney Water trade waste agreement. Condition reason: To ensure that a carwash bay is provided in accordance with Council requirements and relevant standards. 58 Use of Neighbouring Properties and Roadways for Support Prior to the issue of the relevant Construction Certificate, if neighbouring properties or roadway are to be utilised for excavation support, the legal rights of any adjoining properties must be respected including for permanent and temporary excavation supports. In this regard the written permission of the affected…

1. Council’s relevant development control plan, 2. the guidelines set out in 'Managing Urban Stormwater: Soils and Construction’ prepared by Landcom (the Blue Book) (as amended from time to time), and 3. the ‘Guidelines for Erosion and Sediment Control on Building Sites’ (Department of Planning, Housing and Infrastructure) (dated 2024, as amended from time to time). Condition reason: To ensure no substance other than rainwater enters the stormwater system and waterways. 35 Requirements for Building Over Bayside Council’s Stormwater Infrastructure Prior to the issue of any Construction Certificate, the design of the development shall comply with the following requirements, with information…

2. Amended architectural plans showing the floor level of units Extra car parking, storage in a basement G01 and G02 on the ground floor that is not technically a basement due to plan of the Flora Street managing the sloping site, and the extra Existing condition Proposed change Comments from applicant Comments from Council building being raised to GFA in return for the public benefit of the approximately RL 5.2m AHD. through site link are distinct from the 30% Below these units a waste holding bonus and associated affordable housing room and bulky waste room shall component. be provided adjacent to the loading bay. There is no legislative requirement guiding where the affordable units are…

51. Food Premises – Fit-out Requirements Details of the construction and fit out of food premises must be submitted to the Principal Certifier prior to issue of the relevant Construction Certificate. The plans and specifications must demonstrate compliance with: a) An extraction system shall be provided where there is any dishwasher and other washing and sanitising equipment that vents steam into the area to the extent that there is or is likely to be condensation collecting on the walls and ceiling, and b) All walls within the kitchen, food preparation, storage and display areas shall be of solid construction. Walls in food preparation areas shall be finished with one or a combination of…

3. Any asbestos waste load over 100kg (including asbestos contaminated soil) or 10m² or more of asbestos sheeting must be registered with the EPA on-line reporting tool WasteLocate. Condition reason: To ensure that the removal of asbestos is undertaken safely and professionally 35 Hours of work All operations are restricted to as follows:  Site work, demolition, excavation, building work, demolition or vegetation removal must only be carried out between 7:00am to 5:00pm on Monday to Saturday. No works to be carried out on Sunday and public holidays.  While site work is being carried out, deliveries of material and equipment must only be carried out between 7:00am to 5:00pm on Monday to…

2. The use of mechanical plant including air conditioners, fans, compressors, condensers, freezers, swimming pool or spa pumps (whether commercial or domestic) shall not cause sound pressure levels in excess of the criteria given in the NSW Industrial Noise Policy – 2000. Condition reason: To manage site operations so that adverse impacts to the locality are minimised. 142 Spruikers and Speakers Spruikers (with or without sound amplification) shall not operate without the prior written consent of Council. No signs, amplification equipment, goods or the like shall be placed on public areas or the footpath. Speakers and/or noise amplification equipment must not be installed, and music must…

97. Water NSW WaterNSW has issued General Terms of Approval (GTA) for the proposed development (refer below and to the letter from WaterNSW dated 23 April 2025). The General Terms of Approval (GTA) issued by WaterNSW below do not constitute an approval under the Water Management Act 2000. The development consent holder must apply to WaterNSW for a Water Supply Work approval and any other relevant approval after development consent has been issued by Council and before the commencement of any work or activity. A completed application form must be submitted to WaterNSW together with any required plans, documents, application fee, and proof of Council’s development consent. General Terms of…

48. Food Premises Requirements The Certifier shall not issue any the relevant Construction Certificate until all structural or equipmentr equirements for food premises specified in the conditions of development consent, the structural requirements of the Food Act 2003, Food Regulations 2004 and the Australian Standard AS 4674 – 2004 “Design, Construction and Fit­out of Food Premises” have been incorporated in the plans and specifications for the Construction Certificate, including (but not limited to) the following: (a) The proposed development shall be designed, constructed and operated in compliance with the requirements of the Food Act 2003, Food Regulations 2004 and the Australian…

4. Note that certain water sources may be exempted from this requirement - see paragraph17A, Schedule 4 of the Water Management (General) Regulation 2018. d) GT0118-00001 If no water access licence is obtained for the first 3ML / year (or less) of water extracted, then, in accordance with clause 21(6), Water Management (General) Regulation 2018, the applicant must: (a) record water taken for which the exemption is claimed, and (b) record the take of water not later than 24 hours after water is taken, and (c) make the record on WAL exemption form located on WaterNSW website "Record of groundwater take under exemption", and (d) keep the record for a period of 5 years, and (e) give the record…

7. All vehicles shall be parked in the marked parking bays. All parking bays on-site shall be set aside for parking purpose only and shall not be used for storage of goods or machinery. Condition reason: To manage site operations so that adverse impacts are minimised. 151 Maintenance of Stormwater Drainage System The stormwater drainage system (including all pits, pipes, absorption, detention structures, treatment devices, infiltration systems and rainwater tanks) shall be regularly cleaned, maintained and repaired to ensure the efficient operation of the system from time to time and all times. The system shall be inspected after every rainfall event to remove any blockage, silt, debris,…

5. Standard 3.2.3 – Food 5. Standard 3.2.3 – Food Premises and Equipment. Premises and Equipment. 41 Appointment of Site Auditor 41 Appointment of Site Auditor Condition 41 requires evidence of Now Condition 40. appointing a Site Auditor to Council Proposed change NOT A Site Audit Statement will be required A Site Audit Statement will be required prior to any CC. However, demolition supported. There are no for this site prior to the issue of any for this site prior to the issue of any is likely to occur before excavation buildings onsite requiring Occupation Certificate . To ensure Occupation Certificate . To ensure works. The demolition works may be demolition, and therefore the necessary…

74. Existing soil levels within the drip line of trees to be retained shall not be altered without reference to Council’s Tree Management Officer. 74A. Acid Sulfate Soil Management – General The management of Potential and Actual Acid Sulfate Soils (ASS) must be conducted in accordance with all recommendations within the ASS Management Plan required to be submitted prior to any construction certificate, and must include groundwater controls to address potential dewatering impacts on ASS at neighbouring sites during construction. Reason: To ensure compliance with relevant guidelines and legislation. [MDA-2025/27 – S.4.55(2) – Amended on XX/XX/25] 74B. Asbestos Any material containing…

56. Detailed Design Stormwater Management Plan Prior to the issue of the relevant Construction Certificate, detailed drainage design plans for the management of stormwater are to be submitted to the Bayside Council Director of City Futures (or delegate) for assessment and approval. Engineering design certification and drainage design calculations are to be submitted with the plans. Bayside Technical Specification Stormwater Management sets out the minimum documentation requirements for detailed design plans. Stormwater management requirements for the site, including the final discharge/end connection point, must comply with Bayside Technical Specification Stormwater Management. The detailed…

50. Prior to commencement of any works, the applicant must prepare and submit a Construction Environment Management Plan (CEMP). The CEMP must include, butn ot be limited to, the following: (a) A plan view of the entire development site and frontage roadways along with a construction management report addressing the following: (i) The proposed method of access to and egress from the site for construction vehicle, including the proposed method of traffic control, access routes through the Council area and the location and type of temporary vehicular crossing for the purpose of minimising traffic congestion and noise in the area. Access across public parks and open space reserves is…

98. Noise Controls – Validation Within three (3) months of the issue of Final Occupation Certificate, the applicant is to engage a suitably qualified practicing acoustic engineer to carry out post construction validation noise testing. During the testing the acoustic engineer should remain in the physical locality of the noise receiving and testing equipment at all times. If the post construction validation testing demonstrates that noise from the licensed premises plant and equipment and/or activities do not comply with the noise criteria stipulated in the approved acoustic report, additional measures will be required by Council to ensure the noise emissions from the site do not impact on…

64. Approval and Permits under Roads Act and Local Government Act for Work Activities on Public Land During all stages of demolition and construction, application(s) shall be made to Bayside Council (upon payment of a fee in accordance with Bayside Council's adopted fees and charges) to obtain the necessary approvals and permits for any and all works/activities on Bayside Council land or road reserve pursuant to the Roads Act 1993 and Local Government Act 1993. All applications associated with works and activities on Bayside Council’s land must be made at least 7-10 days prior to the programmed completion of works and all construction must be completed and approved by Bayside Council. Refer…

114. Approval and Permits under Roads Act and Local Government Act for Works Activities on Public Land During all stages of construction, application(s) shall be made to Bayside Council (upon payment of a fee in accordance with Bayside Council's adopted fees and charges) to obtain the necessary approvals and permits for any and all works/activities on Bayside Council land or road reserve pursuant to the Roads Act 1993 and Local Government Act 1993. All applications associated with works and activities on Bayside Council’s land must be made at least 7-10 days prior to the programmed completion of works and all construction must be completed and approved by Bayside Council. Refer to Bayside…

68. Approval and Permits under Roads Act and Local Government Act for Work Activities on Public Land During all stages of demolition and construction, application(s) shall be made to Bayside Council (upon payment of a fee in accordance with Bayside Council's adopted fees and charges) to obtain the necessary approvals and permits for any and all works/activities on Bayside Council land or road reserve pursuant to the Roads Act 1993 and Local Government Act 1993. All applications associated with works and activities on Bayside Council’s land must be made at least 7­10 days prior to the MDA-2025/27 Page 32 of 49 programmed completion of works and all construction must be completed and approved…

37. Stormwater Plans – Amended prior to issue of Construction Certificate Prior to the issue of the relevant Construction Certificate, detailed drainage design plans for the management of stormwater are to be submitted to the Bayside Council Director of City Futures (or delegate) for assessment and approval. Engineering design certification and drainage design calculations are to be submitted with the plans. Bayside Technical Specification Stormwater Management sets out the minimum documentation requirements for detailed design plans. Stormwater management requirements for the site, including the final discharge/end connection point, must comply with Bayside Technical Specification…

2. The development must be implemented substantially in accordance with the plans listed below, the application form and on any supporting information received with the application, except as may be amended in red on the attached plans and by the following conditions. Architectural Plans Plan/Dwg No. Drawn by Dated Received (25/162226) by Council Drawing No. DA000, Jackson Teece 27/05/2025 20/05/2025 Revision A, Cover Sheet Drawing No. DA03, Jackson Teece 08/05/2025 20/05/2025 Revision E, Site Plan Drawing No. DA03c, Jackson Teece 08/05/2025 20/05/2025 Revision D, Ground Floor Plan – Planning Considerations Drawing No. DA04, Revision Jackson Teece 18/07/2025 18/07/2025 E, Basement Floor…

42. Geotechnical Certification Prior to the issue of and the relevant Construction Certificate, a Geotechnical Engineer registered with the National Engineering Register (NER) must: (a) Provide detailed recommendations to allow the satisfactory implementationo f the works: (b) Conduct a thorough geotechnical investigation of the site in line with geotechnical industry standards. The type and extent of substrata formations on the site shall be determined via the provision of a minimum of two (2) representative bore hole logs which are to provide a full description of all material from ground surface to 1.0m below the finished basement floor level and include the location and description of…

57. Tanking and fluctuation of the water table. consideration of uplift due to water Waterproofing of The subsurface structure is pressure and “flotation” (buoyancy) Structures Located required to be designed with effects. If subsoil drainage is Below the Design consideration of uplift due to permitted to be provided around the Groundwater water pressure and “flotation” subsurface structure, the subsoil Level Existing condition Proposed change Comments from Comments from Council applicant (buoyancy) effects. If subsoil drainage around the subsurface Prior to the issue of the drainage is permitted to be structure must allow free movement relevant Construction provided around the of…

51. Photovoltaic cells/EV Charging System Plans submitted with the Construction Certificate shall demonstrate compliance with the following; (1) Provision of photovoltaic cell systems on the rooftops as shown in the approved plans. Detailed design for the photovoltaic cells systems is to be provided, the provision of photovoltaic cells is to be at a rate that maximises the use of available non­trafficable space on all rooftops of the development. (2) Provision of Electric Vehicle (EV) charging car parking spaces. A minimum of one (1) off­street car parking space shall be equipped with EV charging facilities. The EV charging facilities shall be provided as ‘Level 3’ fast charging…

96. Compliance with All Relevant Conditions MDA-2025/27 Page 42 of 49 Prior to issue of any Occupation Certificate, compliance shall be achieved with all relevant conditions of this consent including (but not limited to): (a) Condition 11 ­ Community Consultative Committee (b) Condition 12 ­ Plan of Management (c) Condition 13 ­ Safer by Design (d) Condition 14 ­ Acoustic compliance (e) Condition 22 ­ Hair Salon (f) Condition 26(a) ­ Trees 8­13 being retained 96A. Contaminated Land – Site Validation Report A Site Validation Report (SVR) must be prepared by a suitably qualified contaminated land consultant and must be in accordance with: (a) NSW EPA ‘Consultants reporting on contaminated…

70. Geotechnical Certification Prior to the issue of any Construction Certificate, a Geotechnical Engineer must: a) Review and ensure the appropriate construction methodology, parameters, and recommendations in the geotechnical report prepared by Douglas Partners, report no 85009.05.R.003.Rev1, dated 11 October 2024, have been implemented and relied upon during the preparation of the Construction Certificate plans and documentation. b) Provide detailed recommendations to allow the satisfactory implementation of the works. i) The appropriate means of any excavation/shoring is to be determined and detailed considering the proximity to adjacent property and structures. ii) Potential vibration…

3. SafeWork NSW’s dangerous goods search to confirm the absence of underground storage tanks, or justifications for not undertaking the search. The Amended RAP must clearly state proposed clean­up objectives and demonstrate how the site will be made suitable for the proposed use. The Amended RAP must be provided to the Site Auditor (Contaminated Land), the Council and the Principal Certifying Authority (if the Council is not the Principal Certifying Authority) for written concurrence, prior to the issue of any Construction Certificate for any excavation or construction works. Reason: To ensure that the Amended RAP proposed for the site is sufficient, and remediation of land is in accordance…

17. All remediation works must be completed in accordance with the ‘Remedial Action Plan, Lot 34, Deposited Plan 1312041, Proposed Mixed Use Development’ (Lot 34 RAP), ref 85009.03.R.069.Rev0, dated 11 February 2025, including: • The use of a minimum of 1.5m of validated soil to cover any areas of the proposed open space park that is to be dedicated to Council public park (Lot 33, DP 1312041) where asbestos-impacted soil with concentrations not exceeding the SAC have been maintained or relocated; and • Ensure that the finished levels of the public park are to match/connect seamlessly with the levels of the adjoining public domain and be consistent with the finished surface levels of Lot F…

5. Standard 3.2.3 – Food Premises and Equipment. Condition reason: To ensure compliance with relevant standards and legislation. 40 Appointment of Site Auditor A Site Audit Statement will be required for this site prior to the issue of any Occupation Certificate. To ensure the necessary assessment and remediation is completed, a NSW Environment Authority (EPA) Accredited Site Auditor must be appointed to the site prior to the commencement of any remediation works, excavation or commencement of works at the site. The Site Auditor must review and endorse any additional investigation and remediation proposed prior to the commencement of any works. Written evidence of this appointment must be…

4. Run-off control measures for the acid sulfate affected soil. This report must be provided prior to the issue of any construction certificate and all recommendations of the report must be implemented during works on site. Condition reason: To protect the natural environment. 43 Tree Planting Certain tree species placed in proximity to Sydney Water’s underground assets have the potential to inflict damage through invasive root penetration and soil destabilisation. Section 46 of the Sydney Water Act specifies what might occur when there is interference or damage to our assets caused by trees. For any trees proposed or planted that may cause destruction of, damage to or interference with our…

60. Tanking and Waterproofing Basement Intercepting Groundwater Table Prior to the issue of the relevant Construction Certificate, all subsurface structures located below the design ground water table level of RL16.50m AHD shall be designed with a waterproof retention system (i.e., full structural tanking and waterproofing) with adequate provision for future fluctuation of the water table. The subsurface structure is required to be designed with consideration of uplift due to water pressure and “flotation” (buoyancy) effects. If subsoil drainage is permitted to be provided around the subsurface structure, the subsoil drainage around the subsurface structure must allow free movement of…

60. Appointment of Site Auditor NOW CONDITION 63 A Site Audit Statement will be required for A Site Audit Statement will be Agreed, amendment will be made this site prior to the issue of any required for this site prior to the Occupation Certificate. To ensure the issue of any Occupation This will be required necessary assessment and remediation is Certificate. To ensure the prior to the CC of the completed, an NSW Environment necessary assessment and Basement. Authority (EPA) Accredited Site Auditor remediation is completed, an must be appointed to the site prior to the NSW Environment Authority commencement of any remediation (EPA) Accredited Site Auditor works, excavation or commencement…

24. Waste Management – Additional Environmental Health Requirements The following additional requirements for waste management shall be complied with: (a) Liquid waste generated on the site that is not subject to a trade waste agreement shall be collected, transported and disposed of in accordance with the Protection of the Environment Operations Act 1997. Records shall be kept of all waste disposal from the site. (b) Contaminated, clinical or pathological wastes shall be stored, handled, transported and disposed of in accordance with the requirements of the NSW Environment Protection Authority and the NSW Health Department. (c) A copy of Permission to Discharge Trade Waste Water shall be…

56. Soil management While site work is being carried out, the Principal Certifier must be satisfied all soil removed from or imported to the site is managed in accordance with the following requirements: a. All excavated material removed from the site must be classified in accordance with the Environment Protection Authority’s Waste Classification Guidelines before it is disposed of at an approved waste management facility or otherwise lawfully managed, and the classification, and the volume of material removed, and the receival facility’s details must be reported to the principal certifier. b. All fill material imported to the site must comply with the following: To prevent contaminated…

29. Temporary Dewatering Permit – Water Quality Requirements To ensure that relevant engineering and water quality provisions are met during the period of temporary dewatering for construction, a permit must be obtained from Council to permit discharge to the stormwater system. Temporary dewatering shall not commence until this Bayside Council Page 16 of 87 DA-2024/169 permit is issued by Council. The permit must be current and valid at all times during dewatering operations. The water quality must meet ANZECC 2000 Water Quality Guidelines for Fresh and Marine Water for the 95% protection trigger values for marine water. The results of all testing must be completed by a NATA accredited…

14. Hazardous material survey before demolition DA-2024/374 11 Before demolition work commences, a hazardous materials survey of the site must be prepared by a suitably qualified person and a report of the survey results must be provided to council at least one week before demolition commences. Hazardous materials include, but are not limited to, asbestos materials, synthetic mineral fibre, roof dust, PCB materials and lead based paint. The report must include at least the following information: 1. the location of all hazardous material throughout the site 2. a description of the hazardous material 3. the form in which the hazardous material is found, e.g. AC sheeting, transformers,…

27. Dewatering – Water Quality Requirements For any water from site dewatering to be permitted to go to the stormwater, the water must meet the relevant Default Guideline Values under the Australian & New Zealand Guidelines (ANZG) for Fresh & Marine Water Quality. The results of all testing must be completed by a NATA accredited laboratory. All laboratory results must be accompanied by a report prepared by a suitably qualified person indicating the water meets these guidelines and is acceptable to be released into Council’s stormwater system. If it is not acceptable, details of treatment measures to ensure that the water is suitable for discharge to Council’s stormwater must be provided in…

117. Soil Management While site work is being carried out, the Principal Certifier must be satisfied all soil removed from or imported to the site is managed in accordance with the following requirements: a) All excavation material removed from the site must be classified in accordance with the EPA’s Waste Classification Guidelines before it is disposed of at an approved waste management facility and the classification and the volume of material removed must be reported to the Principal Certifier. b) All fill material imported to the site must be: i) Virgin Excavated Natural Material as defined in Schedule 1 of the Protection of the Environment Operations Act 1997, or ii) a material…

69. Temporary Dewatering Permit – Water Quality Requirements To ensure that relevant engineering and water quality provisions are met during thep eriod of temporary dewatering for construction, a permit must be obtained from Council to permit discharge to the stormwater system. Temporary dewatering shall not commence until this permit is issued by Council. The permit must be current andv alid at all times during dewatering operations. The water quality must meet ANZECC 2000 Water Quality Guidelines for Fresh and Marine Water for the 95% protection trigger values for marine water. The results of all testing must be completed by a NATA accredited laboratory. All laboratory results must be…

82. Waste Management Plan Requirements Before the issue of the relevant construction certificate, a Waste Management Plan (as amended in accordance with conditions 100 below) for the development must be prepared and provided the Principal Certifier. The plan must be prepared as follows: a) in accordance with: i) the Environmental Protection Authority’s Waste Classification Guidelines as in force from time to time, and Bayside Council Page 49 of 87 DA-2024/169 ii) a development control plan that provides for waste management that applies to the land on which the work or the clearing of vegetation is carried out, and b) include the following information: i) the contact details of the person…

64. Detailed Flood Risk Management Plan Bayside Council Page 41 of 87 DA-2024/169 Prior to the issue of the relevant Construction Certificate, a Flood Risk Management Plan, prepared by a suitably qualified Civil Engineer, must be provided for the development. The flood risk and flood hazard on the site and its surrounds shall be assessed for the 1% AEP and PMF flood events. The management plan must make provision for, but not be limited to, the following: a) Recommendations on all precautions to minimise risk to personal safety of occupants and the risk of property damage for the total development, and b) Flood warning signs / depth indicators for areas that may be inundated, and c) A flood…

45. Detailed Flood Risk Management Plan Prior to the issue of the relevant Construction Certificate, a Flood Risk Management Plan, prepared by a suitably qualified Civil Engineer, must be provided for the development. The flood risk and flood hazard on the site and its surrounds shall be assessed for the 1% AEP and PMF flood events. The management plan must make provision for, but not be limited to, the following: a) Recommendations on all precautions to minimise risk to personal safety of occupants and the risk of property damage for the total development, and b) Flood warning signs / depth indicators for areas that may be inundated, and c) A flood evacuation strategy, and d) A flood…

33. Water NSW The following conditions are imposed by WaterNSW in their letter dated 18 September 2024 and must be complied with: a) GT0115-00001 Groundwater must only be pumped or extracted for the purpose of temporary construction dewatering at the site identified in the development application. For clarity, the purpose for which this approval is granted is only for dewatering that is required for the construction phase of the development and not for any dewatering that is required once construction is completed. b) GT0116-00001 Before any construction certificate is issued for any excavation under the development consent, the applicant must: 1. apply to WaterNSW for, and obtain, an…

44. Tanking and NOW CONDITION 48 Waterproofing Basement Intercepting Groundwater Agreed, amendment will be made This condition is Table Prior to the issue of any the relevant related to the Prior to the issue of any Construction Certificate, all construction of Construction Certificate, all subsurface structures located below basement structure subsurface structures located the design ground water table level of and not excavation. below the design ground RL16.0m AHD shall be designed with water table level of RL16.0m a waterproof retention system (i.e., This condition should AHD shall be designed with a full structural tanking and be same as condition waterproof retention system…

18. Appointment of Site Auditor A Site Audit Statement will be required for this site prior to the issue of any Occupation Certificate for the building and park. To ensure the necessary assessment and remediation is completed, a NSW EPA Accredited Site Auditor (Contaminated Land) must be appointed to the site prior to the commencement of any remediation, excavation or construction works at the site. The Site Auditor must review and endorse any additional investigation and remediation proposed prior to the commencement of any works. Written evidence of this appointment must be provided to Council prior to the issue of the relevant Construction Certificate. REASON: To protect human health and…

23. Additional information – Contamination – Cease work addition (with SAS auditor) Any new information that comes to light during excavation, remediation, or construction which has the potential to alter previous conclusions about site contamination and remediation must be notified to Council, the appointed Site Auditor (Contaminated Land) and the accredited certifier immediately. All work on site must cease until Council is notified in writing and appropriate measures to assess and manage the contamination in accordance with any relevant NSW EPA adopted guidelines is completed by an appropriately qualified and experienced environmental consultant and reviewed and approved by the Site…

31. Interim Site Audit Advice To ensure that the excavation and shoring works have been completed in accordance with the amended RAP (to be supplied following completion of the ‘Asbestos delineation assessment’), Interim Site Audit Advice must be completed by the appointed Site Auditor under the Contaminated Land Management Act 1997 and must be submitted to and approved by Council’s Director City Futures (or delegate). The Interim Site Audit Advice must clearly demonstrate that the excavation and shoring works have been completed in accordance with the amended RAP. REASON: To protect human health and the environment and ensure remediation of land is in accordance with legislative…

41. The subsurface structure shall be designed with a waterproof retention system (ie tanking and waterproofing) with adequate provision for future fluctuation of the water table. The subsurface structure is required to be designed with consideration of uplift due to water pressure and “flotation” (buoyancy) effects. Subsoil drainage around the subsurface structure must allow free movement of groundwater around the structure, but must not be connected to the internal drainage system. The design of subsurface structure, tanking and waterproofing, and subsoil drainage shall be undertaken by a suitably experienced Chartered Professional Engineer(s). Design details and construction…

54. Erosion and sediment controls in place Before any site work commences, the Certifier must be satisfied the erosion and sediment controls in the erosion and sediment control plan which was provided to the principal certifier are in place. These controls must remain in place until any bare earth has been restabilised in accordance with the erosion and sediment control plan. Condition reason: To ensure sediment laden runoff and site debris do not impact local stormwater systems and waterways. Aquifer Interference The applicant must determine whether excavation will require the penetration of groundwater, having regard to the groundwater observations given within the Geotechnical…

138. Certification of Tanking and Waterproofing Prior to the issue of the Occupation Certificate, a structural engineer registered with the NER shall certify that the subsurface structure tanking has been constructed in accordance with the approved design and specification. A civil/hydraulic engineer registered with the NER shall certify that the subsoil drainage has been constructed in accordance with the approved design and specification. A waterproofing specialist shall certify that the waterproofing has been constructed in accordance with the approved design and specification. The certification is to include an inspection and evaluation of the works. REASON To ensure that subsurface…

26. Importation of Fill (General) To prevent contaminated soil being used onsite and to ensure that it is suitable for the proposed land use, all imported fill must be appropriately certified material and must be validated in accordance with the: Bayside Council Page 15 of 87 DA-2024/169 a) NSW EPA approved guidelines; b) Protection of the Environment Operations Act 1997; and c) Protection of the Environment Operations (Waste) Regulation 2014. All imported fill must be accompanied by documentation from the supplier which certifies that the material has been analysed and is suitable for the proposed land use. REASON: To protect human health and the environment in accordance with legislative…

30. Contaminated Land – Interim Site Validation Report An interim Site Validation Report (SVR) must be prepared by a suitably qualified contaminated land consultant and must be in accordance with: a) NSW EPA ‘Consultants reporting on contaminated land’ 2020; b) NSW EPA approved guidelines under the Contaminated Land Management Act 1997; and c) Chapter 4 of the State Environmental Planning Policy (Resilience and Hazards) 2021. The interim SVR must be submitted and approved by Council’s Director City Futures (or delegate) after completion of excavation and shoring works. REASON: To protect human health and the environment and ensure remediation of land is in accordance with legislative…

26. Additional information – Contamination – Cease work addition Any new information that comes to light during demolition or construction, which has the potential to alter previous conclusions about site contamination, must be notified to Council and the accredited certifier immediately. All work on site must cease until Council is notified of the appropriate measures to be implemented, by an appropriately qualified and experienced environmental consultant, to assess and manage the contamination in accordance with any relevant NSW EPA adopted guidelines. Condition reason: To protect human health and the environment in accordance with legislative requirements. DA-2024/374 16

24. Remediation Works – General All remediation work must be carried out in accordance with: a) NSW EPA ‘Consultants reporting on contaminated land’ 2020; b) NSW EPA guidelines under the Contaminated Land Management Act 1997; c) Chapter 4 of the State Environmental Planning Policy (Resilience and Hazards) 2021; and d) ‘Remedial Action Plan, Lot 34, Deposited Plan 1312041, Proposed Mixed Use Development’ (Lot 34 RAP), ref 85009.03.R.069. Rev 0, dated 11 February 2025, and subsequent addendums. REASON To protect human health and the environment and ensure remediation of land is in accordance with legislative requirements.

118. Waste Classification All materials excavated from the site (fill or natural) must be classified in accordance with the NSW Environment Protection Authority (EPA) Waste Classification Guidelines (2014) prior to being disposed of to a NSW approved landfill or to a recipient site. Appropriate records must be retained to support this. REASON To ensure the appropriate removal of waste from the site in accordance with relevant legislative requirements. PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE The following conditions must be complied with prior to issue of the Occupation Certificate:

3. An approval under the Water Management Act 2000 is required to construct and/or install the water supply works. For the avoidance of Bayside Council Page 18 of 87 DA-2024/169 doubt, these General Terms of Approval do not represent any authorisation for the take of groundwater, nor do they constitute the grant or the indication of an intention to grant, any required Water Access Licence (WAL). A WAL is required to lawfully take more than 3ML of water per water year as part of the dewatering activity.

28. Dewatering – Permit to Discharge to Stormwater To ensure that relevant engineering and water quality provisions are met during the period of dewatering for construction, prior to any water from site dewatering to be permitted to go to Council’s stormwater system, a permit to discharge to the stormwater must be obtained from Council. Dewatering must not commence until this is issued by Council. REASON: To ensure any groundwater encountered during works is appropriately treated and disposed of.

55. If any penetration of groundwater requires an aquifer interference activity approval, pursuant to section 91(3) of the Water Management Act 2000, then such an approval must be received prior to the commencement of works. Water extracted by any proposed dewatering activity must not be disposed of via the stormwater system and must be transferred to an appropriate treatment facility. Condition reason: To ensure compliance with relevant legislation. DA-2024/374 32 During building work

25. Waste Classification – Excavated Materials All materials excavated from the site (fill or natural) must be classified in accordance with the NSW EPA Waste Classification Guidelines, 2014, prior to being disposed of to a NSW approved landfill or to a recipient site. Appropriate records must be retained to support this. REASON To protect human health and the environment in accordance with legislative requirements.

56. Where it is necessary to import landfill material onto the site to fill the land to levels shown on the plans forming part of the consent, a certificate, prepared by a suitablyq ualified and experienced Contaminated Land Consultant, shall be submitted to Council being the Regulatory Authority prior to the commencement of works, certifying that the imported fill is suitable for the land use.

3. Any asbestos waste load over 100kg (including asbestos contaminated soil) or 10m² or more of asbestos sheeting must be registered with the EPA on-line reporting tool WasteLocate. DA-2024/374 14 Condition reason: To ensure that the removal of asbestos is undertaken safely and professionally

4. NSW EPA Waste Classification Guidelines 2014. Condition reason: To protect human health and the environment in accordance with legislative requirements. On completion of demolition work

1. Site-specific mitigation measures to both minimise the disturbance of acid sulfate soils as well as any measures relating to acid generation and acid neutralisation of the soil;

3. Measures required to neutralise the acidity of any acid sulfate affected material including groundwater; and

2. Management of acid sulfate affected excavated material;