Blue Mountains Contamination Conditions

5. Under Clause 76 of the Environmental Planning and Assessment Regulations, the above Deferred Commencement matters are to be satisfied by (insert date). DRAFT CONDITIONS OF CONSENT (WITHOUT PREJUDICE) General Confirmation of relevant plans and documentation (to be updated following satisfaction of deferred commencement matters) To confirm and clarify the terms of consent, the development shall be carried out in accordance with the following plans and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent: Document Prepared by: Drawing No Issue Date • Demolition Plan 01 PBD Architects DA 010 D 23.05.22 Demolition plan 02 PBD…

103. Windows to remain transparent Approved windows in the supermarket and corner retail shop are to remain transparent and must not be obscured by advertising, unapproved signage, shelving or the like. Reason: To ensure the aesthetic of the approved building is not compromised. Advisory notes A. General advice This consent contains the conditions imposed by the consent authority which are to be complied with when carrying out the development. However, this consent is not an exhaustive list of all obligations which may relate to the carrying out of the development under the EP&A Act, EP&A Regulation and other legislation. This consent contains conditions organised by stage (i.e. general,…

15. Vehicle Traffic Management Management Plan (CTMP) prepared by a suitably qualified person shall Plan be submitted for the Council’s consideration and approval prior to commencement of any works on site. The CTMP is to be in the form of a report and is to address (but not be limited to) the following: • Details of the average daily volume of truck movements to/from the site during the various stages of remediation, site works (eg demolition, excavation, construction). • Details of the proposed construction vehicle access routes. • Traffic Control Plans which outline how pedestrian/traffic movements around the site and access to adjacent properties are to be managed. • Traffic Control…

32. Appointment of supervising To ensure the health, condition and future viability of all trees identified to consulting arborist be retained on and adjacent to the subject site, the person acting upon this consent is to engage a qualified arborist (minimum Australian Qualification Framework (AQF) Level 5) to implement or supervise tree retention and protection requirements. All Tree Protection Measures are to be undertaken in accordance with Part 5 of the approved Arboricultural report implemented and in a manner consistent with Australian Standard 4970-2009 Protection of Trees on Development Sites, except as varied by the supervising arborist. Prior to commencement of any works on site,…

68. Environmental health to arrange for a final inspection by Council’s Environmental Health Officer. The Principal Certifying Authority must ensure the final inspection by the Environmental Health Officer pass all food safety requirements above prior to occupation or use of the premises. Section 73 Certificate A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be 69. obtained from Sydney Water Corporation confirming reticulated water and gravity sewer systems are available to the development. Early contact is • Application must be made through an authorised Water Servicing recommended Coordinator. Please refer to the Building Developing and Plumbing section of the web…

48. Following approval of the detailed landscape plans, planting schedule and Role of landscape specialist specifications and the commencement of works, the appointed landscape during site works and specialist is to be responsible for the following matters: construction a) Engagement of professional weed control contractors to ensure the effective management of all priority weeds and other persistent invasive species prior to commencement of any landscape works. b) Oversight of all specified amelioration activities to ensure all landscape areas are provided with soils which are fit for purpose. This includes: i. excavation and grading, ii. subgrade preparation, iii. supply and installation…

59. The developer will display appropriate asbestos/demolition signage prior to and Display of signage during demolition works. 60. if any asbestos or other hazardous material is discovered during site or Asbestos and other demolition works, compliance with the following is required: hazardous materials • Work Health and Safety Act 2011 • Work Health and Safety Regulation 2017 • AS 2601 The demolition of structures • SafeWork NSW • Protection of the Environment Operations (Waste) Regulation 2014 All asbestos or other hazardous material is to be disposed of to an approved waste management facility licensed to receive the waste. Prior to issue of Occupation Certificate Prior to the issue of…

18. Design requirements—Public domain landscaping Landscape design in the public domain (road reserve) is to be undertaken by a suitably qualified landscape architect. The landscape design and specifications are to be submitted to and approved by Council’s Manager Development and Building Services as part of the application for works in the road reserve under section 138 of the Roads Act 1993. The design must include the works required by Condition 12 as well as the following: a) Detailed, site-specific technical specifications for the proposed landscape works must be provided, including but not limited to, preliminary site preparation, demolition of hardscape features, removal and…

24. Landscaping within the site Prior to issue of any construction certificate, updated landscape plans with the following details must be submitted to and approved by Council’s Manager Development and Building Services: a) The design amendments required by Condition 11 must be included. b) All paving works around the Oriental Hotel must be clearly delineated. c) Pennisetum is to be deleted from the plant list (because it is regarded as an environmental weed in the Blue Mountains). Suggested alternatives include Patersonia sericea (Purple flag), Dianella tasmanica, D. longifolia and D. caerulea (Spreading Flax-lily). d) Within the raised garden bed on the western edge of the Oriental Hotel.…

75. Quality of discharged groundwater All groundwater discharged during the construction phase of the development must be appropriately managed to ensure protection of receiving environments. Specifically: Treatment standard: Groundwater to be discharged must be treated, managed, and monitored so that the quality of the discharge is consistent with the Australian and New Zealand Guidelines for Fresh and Marine Water Quality (ANZECC & ARMCANZ, 2000). The quality of the discharge is not to contravene the default trigger values for physical and chemical stressors for upland rivers of south-east Australia for slightly disturbed ecosystems (Tables 3.3.2 -3.3.3) and the freshwater trigger values…

Diligence Report, prepared by a suitably qualified consultant, in accordance with the OEH Code of Practice had not been submitted. A report has now been submitted and council is satisfied with the findings of the report that no Aboriginal objects are known to be present where construction and demolition of existing structures is proposed and impacts to Aboriginal objects as a result of the proposed development is unlikely. Accordingly, council has withdrawn this reason for refusal and that matter is resolved. An agreed condition of consent is recommended to address unexpected finds, should they arise. The Panel determined to uphold the Clause 4.6 variation to building height; and approve…

31. Dewatering management plan Prior to issue of the relevant construction certificate, a construction dewatering management plan must be submitted to and approved by Council’s Manager Development and Building Services. The plan must include the following: a) Consistency with the General Terms of Approval issued by Water NSW. b) Incorporation of the water quality discharge requirements specified at Condition 75. c) Analysis of the current groundwater conditions and the receiving environment, including Magdala Creek. d) Detailed description of the proposed dewatering, including predicted volumes and rates of groundwater extraction and discharge, discharge location, and potential…

45. Construction in Council’s roads Prior to the commencement of works in Council’s road reserve, an onsite preconstruction meeting is to be arranged with Council’s Supervising Engineer. The person or company carrying out the works are required to have workers compensation and public liability insurance to the value of at least $20 million. The policy shall indemnify the Council from all claims arising from the execution of the works. Proof of the policy is to be provided to the Council’s Supervising Engineer at the preconstruction meeting. Inspections of the works will be required at specific stages, which will be advised at the pre-construction meeting. The applicant will be required to…

62. Geotechnical considerations The recommendations in section 5 of the geotechnical report by Geo-Logix dated 03-02-2020—including the recommendations relating to earthworks, excavations, groundwater inflow and disposal, temporary and permanent batter slopes, retaining walls and shoring, and constructed-induced vibrations, site classification, foundations, ground slabs and pavements, aggressivity/exposure classification, salinity risk, and earthquake design—must be implemented during excavation and construction. Reason: To ensure works are carried out in accordance with geotechnical recommendations and avoid impacts to neighbouring structures and services.

47. Contamination – During a) The recommendations provided in the report: Stage 1 Preliminary Site Construction Investigation for 203-223 Leura Mall, Leura Prepared by JK Environments Pty Ltd Dated 24 December 2020 shall be implemented. b) The recommendations provided in the report: Stage 2 Detailed Site Investigation for 203-223 Leura Mall, Leura Prepared by JK Environments Pty Ltd Dated 1 September 2021 shall be implemented. c) The recommendations provided in the report: Remedial Action Plan for 203-223 Leura Mall, Leura Prepared by Reditus Consulting Pty Ltd Dated 15 December 2021 shall be implemented.

44. Groundwater discharge Where discharge of groundwater to Council’s drainage system is proposed, written approval from Council is required. Prior to giving its written approval. Council must be satisfied with the dewatering plan required by Condition 31. Reason: To require Council’s approval for any discharge of groundwater to Council’s drainage system.

47. Removal of asbestos material in garden beds Prior to demolition and building work, any fragments of bonded asbestos-containing material should be removed in accordance with the recommendations in the Preliminary and Detailed Site Investigation Report by Geo-Logix dated 3/02/2020. Reason: To avoid impacts to human health.