Burwood Contamination Conditions

1. The development is to be carried out in accordance with the following plans and documentation submitted to Council as set out in the table below, except where amended by the other conditions of this consent. Drawing No. Rev Date Document Author No. Architectural Plans PTW-DA-A400010 Demolition Plan PTW Architects B 22/02/2024 PTW-DA-B1B0810 Basement 3 Plan PTW Architects C 02/05/2024 PTW-DA-B1B0910 Basement 2 Plan PTW Architects C 02/05/2024 PTW-DA-B1B1010 Basement 1 Plan PTW Architects C 02/05/2024 PTW-DA-B1B0010 Level 00 Plan PTW Architects C 02/05/2024 PTW-DA-B1L0110 Level 01 Plan PTW Architects C 02/05/2024 PTW-DA-B1L0210 Level 02 Plan PTW Architects C 02/05/2024 PTW-DA-B1L0310 Level…

2. Any other information required on the WaterNSW completion report form as updated from time to time on the WaterNSW website. (c) The completion report must be submitted using "Completion Report for Dewatering work form" located on WaterNSW website www.waternsw.com.au/customer-service/water- licensing/dewatering 31 32 GT0150-00001 The extraction limit shall be set at a total of 3ML per water year (being from 1 July to 30 June). The applicant may apply to WaterNSW to increase the extraction limit under this condition. Any application to increase the extraction limit must be in writing and provide all information required for a hydrogeological assessment. Advisory note: Any application to…

3. This approval may contain an extraction limit which may also restrict the ability to take more than 3ML per water year without further information being provided to WaterNSW. 4. Note that certain water sources may be exempted from this requirement - see paragraph17A, Schedule 4 of the Water Management (General) Regulation 2018. 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…

1. The development shall be carried out in accordance with the plans and documents listed below and subject to all conditions that follow: SHEET NO. SHEET NAME REVISION Architectural Plans by CHROFI DA-001 Site Analysis B DA-002 Site Plan B DA-102 Ground Floor Plan B D DA-103 Lower Ground Floor Plan B DA-104 Basement 1 B DA-105 Basement 2 B D DA-201 Elevations – Sheet 1 B D DA-202 Elevations – Sheet 2 B D DA-203 Elevations – Sheet 3 B D DA-301 Sections – Sheet 1 B D DA-302 Sections – Sheet 2 B D DA-303 Sections – Sheet 3 B D DA-401 GFA Diagrams B DA-402 Signage Design Intent B DA-403 Materials and Finishes B D DA-404 Shadow Diagrams A D DA-900 3D Visualisation B D DA-901 3D Visualisation B…

160. Electrical Charging Boards (for charging Electric Vehicles) shall be installed in both basement carparking levels with provision made for all resident & visitor carparking spaces to have access to electric charging facilities. All work shall be carried out in accordance with the National Construction Code: Class 2 Building, Apartment Charging requirements 2023. 29 30 Water NSW – General Terms of Approval Reference No: IDAS1155080 The GTA issued by WaterNSW do not constitute an approval under the Water Management Act 2000. The development consent holder must apply to WaterNSW for the relevant approval after development consent has been issued by Council and before the commencement of…

• A “Section 73 Compliance Certificate” under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Make early application for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design. Application must be made through an authorised Water Servicing Coordinator. For assistance either visit www.sydneywater.com.au > Building and developing > Developing your Land > Water Servicing Coordinator or telephone 13 20 92. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to the issuing of the relevant Occupation Certificate.…

• The approved maintenance plan must be complied with for as long as the water feature is in place. • The kerb alignment along Clarendon Place is to be set back 1m within the 3m wide land for dedication area shown on plan AR-DA-7032 dated 03/06/22 to allow for road widening of Clarendon Place. Plans shall be amended prior to release of a Construction Certificate for the development. • Pedestrian access points to the building including the car park shall be so designed so that shopping trolleys are not able to be taken outside the building by persons using the retail/commercial area. Details of achieving this are to be submitted to the Accredited Certifier for approval prior to release of…

64. Supplementary Testing and Final Remediation Action Plan a. Prior to the issue of a construction certificate the further investigations and actions recommended in the Preliminary Site Investigation, Douglas Partners February 2022, must be undertaken and a Final Remediation Action Plan prepared, or reviewed and approved, by an appropriately qualified and certified environmental consultant and provided to Council/PCA [Council to insert as appropriate]. The supplementary testing shall be carried out, and the Final Remediation Action Plan prepared in accordance with: i. Council’s Contaminated Land Policy, ii. The guidelines in force under the Contaminated Land Management Act 1997. iii.…

65. Implementation of Remedial Action Plan a. Prior to the issue of a Construction Certificate, the site must be remediated in accordance with: i. The Final Remedial Action Plan referred to in Condition 64 –“Supplementary Testing and Final Remediation Plan”. ii. Council's Contaminated Land Policy; iii. State Environmental Planning Policy (Resilience and Hazards) 2021 iv. National Environment Protection (Assessment of Site Contamination) Measure (ASC NEPM, 1999 as amended 2013); and v. The guidelines in force under the Contaminated Land Management Act 1997. b. The applicant must engage an appropriately qualified and experienced supervising environmental consultant to supervise all aspects of…

63. Hazardous Materials Survey 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: a) the location of all hazardous material throughout the site b) a description of the hazardous material c) the form in which the hazardous material is found, e.g. AC sheeting, transformers, contaminated soil, roof dust d) an…

80. The Remediation Action Plan (RAP), dated 27 October 2021, prepared by EI Australia, must be updated following results of the post-demolition data gap closure investigation. Prior notice of Category 2 remediation work must be provided to Council at least 30 days prior to the commencement of remediation. The notice must be in accordance with Chapter 4, Clause 4.13 of State Environmental Planning Policy (Resilience and Hazards) 2021. Should any alternate remediation approach include the preparation of a Long-Term Management Plan (LTEMP), Council must be consulted as soon as possible and prior to issue of the Construction Certificate. Implementation of a strategy to ‘cap and contain’…

55. The Remediation Action Plan (RAP), dated 2 December 2022, prepared by Douglas Partners, must be updated following results of the data gap investigation. Prior notice of Category 2 remediation work must be provided to Council at least 30 days prior to the commencement of remediation. The notice must be in accordance with Chapter 4, Clause 4.13 of State Environmental Planning Policy (Resilience and Hazards) 2021. Should any alternate remediation approach include the preparation of a Long-Term Management Plan (LTEMP), Council must be consulted as soon as possible and prior to issue of the Construction Certificate. Implementation of a strategy to ‘cap and contain’ contamination and…

79. Prior to the commencement of excavation/construction, the proposed further postdemolition data gap closure investigations outlined in Remediation Action Plan (RAP), dated 27 October 2021, prepared by EI Australia, must be conducted to determine the full nature and extent of the contamination and suitability of the proposed remediation approach. The results of the post-demolition data gap closure investigation must be presented in a report prepared in accordance with the NSW EPA Consultants Reporting on Contaminated Land 3 JKE job ref: E33561PD (2020) guidelines, National Environmental Protection Measure (NEPM) 2013 and other guidelines made under the Contaminated Land Management Act…

46. Prior to release of the relevant Occupation Certificate for the development the Applicant must submit a Validation Report following completion of remediation. The Validation Report must: (a) be prepared by a Certified Contaminated Land Consultant who is certified under one of the schemes endorsed by the NSW EPA; (b) be submitted to the Principal Certifying Authority for information within three months of the completion of remediation works; and (c) be prepared in accordance with the RAP, the NSW EPA Consultants Reporting on Contaminated Land (2020) guidelines, National Environmental Protection Measure (NEPM) 2013 and other guidelines made under the Contaminated Land Management Act 1997.

63. Prior to release of an Occupation Certificate for the development the Applicant must submit a Validation Report following completion of remediation. The Validation Report must: (a) be prepared by a Certified Contaminated Land Consultant who is certified under one of the schemes endorsed by the NSW EPA; (b) be submitted to the Principal Certifying Authority for information within one month of the completion of remediation works; and (c) be prepared in accordance with the RAP, the NSW EPA Consultants Reporting on Contaminated Land (2020) guidelines, National Environmental Protection Measure (NEPM) 2013 and other guidelines made under the Contaminated Land Management Act 1997.

69. An Environmental Management Plan (EMP) is to be submitted to the PCA for approval, prior to the commencement of any works, detailing the control and management methods to be implemented in addressing the following issues during the demolition, excavation and construction phases of the project::  Noise and vibration control  Dust and odour suppression and control  Storm water control and discharge  Erosion control  Waste storage and recycling control  Litter control  Construction material storage  Truck cleaning methods on site so as to prevent spread of soil and like materials onto Council’s roadways A copy of the EMP shall be provided to Council for its records.

41. An Environmental Management Plan is to be submitted to Council for approval, prior to the issue of a Construction Certificate, detailing the control and management methods to be implemented in addressing the following issues during the demolition, excavation and construction phases of the project: a. Noise and vibration control b. Dust and odour suppression and control c. Storm water control and discharge d. Erosion control e. Waste storage and recycling control f. Litter control g. Construction material storage h. Truck cleaning methods on site so as to prevent spread of soil and like materials onto Council’s roadways

54. Prior to the commencement of excavation, the proposed data gap investigation outlined in Remediation Action Plan (RAP), dated 2 December 2022, prepared by Douglas Partners, must be conducted to determine the full nature and extent of the contamination and suitability of the proposed remediation approach. The results of the data gap closure investigation must be presented in a report prepared in accordance with the NSW EPA Consultants Reporting on Contaminated Land (2020) guidelines, National Environmental Protection Measure (NEPM) 2013 and other guidelines made under the Contaminated Land Management Act 1997.

84. An Environmental Management Plan is to be submitted to Council for approval, prior to the commencement of any works, detailing the control and management methods to be implemented in addressing the following issues during the demolition, excavation and construction phases of the project: ▪ Noise and vibration control ▪ Dust and odour suppression and control ▪ Storm water control and discharge ▪ Erosion control ▪ Waste storage and recycling control ▪ Litter control ▪ Construction material storage ▪ Truck cleaning methods on site so as to prevent spread of soil and like materials onto Council's roadways

67. Prior to issue of the Occupation Certificate the proponent must submit a detailed Validation Report to Council and the Certifying Authority. a. The Validation Report must be prepared, or reviewed and approved by an appropriately qualified and certified environmental consultant. The front cover of the report must include the details of the consultant’s certification. b. The Validation Report must verify that the land is suitable for the proposed use(s), and that the remediation and validation of the site has been undertaken in accordance with the Final Remediation Plan.

48. An NSW EPA-accredited Site Auditor must be engaged to review the post-demolition data gap closure investigation report and updated RAP. The Site Auditor must prepare an Interim Audit Advice (IAA) letter, or a Section B Site Audit Statement (SAS) confirming the remedial strategy documented in the updated RAP is acceptable, and the site can be made suitable for the proposed development by successful implementation of the updated RAP. The IAA/SAS must be submitted to the Principal Certifying Authority for approval prior to the issuing of a Construction Certificate.

57. An NSW EPA-accredited Site Auditor must be engaged to review the data gap investigation report and updated RAP. The Site Auditor must prepare an Interim Audit Advice (IAA) letter, or a Section B Site Audit Statement (SAS) confirming the remedial strategy documented in the updated RAP is acceptable, and the site can be made suitable for the proposed development by successful implementation of the updated RAP. The IAA/SAS must be submitted to the Principal Certifying Authority for approval prior to the issuing of a Construction Certificate.

47. Prior to release of an Occupation Certificate for the development a NSW EPA accredited Site Auditor must be engaged to review the Validation Report, prepare Site Audit Report (SAR) and prepare Section A Site Audit Statement (SAS). The SAR and SAS must verify that the site is suitable for the intended land use and be provided to Principal Certifying Authority prior to issue of the Occupation Certificate. A copy of the SAS must also be provided to Council. GENERAL PLANNING CONDITIONS

64. Prior to release of an Occupation Certificate for he development a NSW EPA accredited Site Auditor must be engaged to review the Validation Report, prepare Site Audit Report (SAR) and prepare Section A Site Audit Statement (SAS). The SAR and SAS must verify that the site is suitable for the intended land use and be provided to Principal Certifying Authority prior to issue of the Occupation Certificate. A copy of the SAS must also be provided to Council.

58. Unidentified Contamination: Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination and remediation must be  immediately notified to Council and the Principal Certifying Authority in writing. A Section 4.55 Application under the EP&A Act shall be made for any proposed works outside the scope of the approved development consent.

81. Unidentified Contamination: Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination and remediation must be immediately notified to Council and the Principal Certifying Authority in writing. A Section 4.55 Application under the EP&A Act shall be made for any proposed works outside the scope of the approved development consent.

66. Survey of Contamination Containment Area a. The contamination containment area must be delineated and surveyed by a Registered Surveyor and identified on a survey drawing. b. The survey drawing must be submitted to the satisfaction of the supervising environmental consultant and be included in the Validation Report, prior to the issue of the Construction Certificate.

82. All demolition, excavation and construction materials are to be removed from the site or disposed of on-site using methods that comply with relevant environmental protection legislation. When demolition of any existing building is involved, burning of any demolition materials on the site is prohibited. HEALTH Land Contamination 16 17

83. Any soils or materials requiring removal from the site as part of the site excavation are to be classified in accordance with the ‘Waste Classification Guidelines, Part 1: Classifying Waste’ NSW EPA (2014) Environmental Management

56. The RAP Review Findings made by the Site Auditor Ian Swane & Associates P/L in the Interim Audit Advice #01 dated 17 December 2022 must be implemented in all new/updated documentation and/or during remediation.

68. Long Term Environmental Management Plan