Inner West Contamination Conditions

5. Assessment The following is a summary of the assessment of the application in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979). A. Existing Use Rights Assessment The existing Dual Occupancy at 57B Albert Street Leichhardt, is a prohibited form of development in the R1 General Residential zone under the Inner West Local Environmental Plan 2022 (IWLEP 2022). The proposal relies on existing use rights regulated under Sections 4.66 and 4.67 of the EP&A Act 1979 and Sections 163-166 of the Environmental Planning Assessment Regulation 2021 (EP&A Regulations 2021) which are examined below; (i) Environmental Planning Assessment and Regulation…

6. Assessment The following is a summary of the assessment of the application in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979). 404 Inner West Local Planning Panel ITEM 8 A. Environmental Planning Instruments The application has been assessed, and the following provides a summary of the relevant Environmental Planning Instruments. State Environmental Planning Policies (SEPPs) The application has been assessed against the relevant provisions of the following SEPPs and is considered acceptable:  SEPP (Resilience and Hazards) 2021  SEPP (Sustainable Buildings) 2022  SEPP (Biodiversity and Conservation) 2021 Inner West Local Environmental…

5. Assessment The following is a summary of the assessment of the application in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979). A. Environmental Planning Instruments The application has been assessed and the following provides a summary of the relevant Environmental Planning Instruments. State Environmental Planning Policies (SEPPs) SEPP (Resilience and Hazards) 2021 Chapter 4 Remediation of land Section 4.6(1) of the Resilience and Hazards SEPP requires the consent authority not consent to the carrying out of any development on land unless: (a) it has considered whether the land is contaminated, and (b) if the land is contaminated, it is…

2. A water year commences on 1 July each year. 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…

6. Assessment The proposed modifications seek to amend the previously approved masonry retaining boundary wall via the relocation of footings to the southwestern side of the site to be located wholly within the property boundaries of the two Premier Street properties (35 and 37 Premier Street). No additional modifications are proposed to the previously approved boundary wall. As a result of the proposed modified footing design, and additional arboricultural investigations discovered since the demolition and excavation of the previous wall, the Jacaranda mimosifolia (Jacaranda) located in the North-Western corner of 35 Premier Street is now proposed to be removed. Accordingly, the proposal…

6. Assessment The following is a summary of the assessment of the application in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979). A. Environmental Planning Instruments The application has been assessed, and the following provides a summary of the relevant Environmental Planning Instruments. State Environmental Planning Policies (SEPPs) The application has been assessed against the relevant provisions of the following SEPPs and is considered acceptable:  SEPP (Resilience and Hazards) 2021  State Environmental Planning Policy (Transport and Infrastructure) 2021 Inner West Local Environmental Plan 2022 The application has been assessed…

1. Documents related to the consent The development must be carried out in accordance with plans and documents listed below: Plan Revision/Issue Plan Name Date Prepared By Issued Various Architectural plans 02/10/2024 Cox dated October 2024: Architecture • DA-01-00 [15] Cover Sheet- Drawing Index • DA-01-01[4] Changes Index • DA-11-01[13] Site Analysis Plan • DA-11-02[14] Proposed Site Plan • DA-15-0G[16] Ground floor demolition plan • DA-15-01[16] Level 1 demolition plan • DA-15-02[16] Level 2 demolition plan • DA-15-08[16] Roof demolition plan • DA-20-98[33] Basement 2 Plan • DA-20-99[33] Basement 1 Plan • DA-21-0G[41] Ground floor plan • DA-21-01[35] Level 1 floor plan • DA-21-02[34]…

6. Approval is considered to be in the public interest. DEFERRED COMMENCEMENT Condition A Public Domain Plan The public domain plan is to be revised incorporating the following requirements (including but not limited to): i. Provision of a separate path for the trailer and tug; ii. Widening of the Bay Run path to maintain its width up to the end of the Maliyawul Street carpark; iii. Changes to existing lighting and provision of new lighting as required; iv. Details of all existing and proposed utility services or changes to existing utility services; v. Provision of a time limited parallel trailer parking zone adjacent to Leichhardt No 3. Oval where trailers can be decoupled and trailer…

56. S tormwater Drainage System – Major Developments Prior to the issue of a Construction Certificate, the Certifying Authority must be provided with stormwater drainage design plans incorporating on site stormwater detention and/or on site retention/ re-use facilities (OSR/OSD) and Stormwater Quality Improvement Devices (SQIDS), certified by a suitably experienced Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng) that the design of the site drainage system complies with the following specific requirements: a. The design must be…

1. D ocuments related to the consent The development must be carried out in accordance with plans and documents listed below: Plan, Revision Plan Name Date Prepared by and Issue No. A-CDA11 rev 04 Ground floor plan 03 May 2024 CHROFI A-CDA12 rev 04 Roof plan 03 May 2024 CHROFI A-CDA51 rev 04 Elevation 1+ 2 03 May 2024 CHROFI A-CDA52 rev 04 Elevation 3 + 4 03 May 2024 CHROFI A-DA010 rev 04 Ground floor 03 May 2024 CHROFI demolition and retention plan A-DA011 rev 04 Level 1 demolition 03 May 2024 CHROFI and retention plan A-DA101 rev 04 Basement 2 floor 03 May 2024 CHROFI plan A-DA102 rev 04 Basement 1 floor 03 May 2024 CHROFI plan A-DA103 rev 04 Ground floor plan 03 May 2024 CHROFI A-DA104…

2. Non-powerline side (odd house numbers) Lophostemon confertus (Brushbox) x two (2) trees. The proposal is acceptable on heritage grounds subject to conditions relating to replacement tree planting in attachment A of this report. Part 6 – Additional local provisions Section Proposed Complies Section 6.1  The site is identified as containing Class 5 acid Yes Acid sulfate soils sulfate soils. The proposal is considered to adequately satisfy this section as the application does not propose any works that would result in any significant adverse impacts to the watertable. Section 6.2  The proposed earthworks are unlikely to have a Yes Earthworks detrimental impact on environmental functions…

19. Arboricultural Impact Assessment Prior to the issue of a Construction Certificate, a revised Arboricultural Impact Assessment including a detailed Tree Planting Plan and site-specific Tree 7 Protection Plan, drawn to scale, prepared by a minimum Australian Qualification Framework (AQF) Level 5, Diploma of Arboriculture, Project Arborist must be submitted and approved by Council’s Private Tree Team Leader. The plan must include: a) Individual details and locations of all trees proposed for removal, retention and replacement plantings associated with the Public Domain Plan b) Location of existing and proposed structures on the site including, but not limited to; paved areas and planted…

18. Compliance with Construction Environmental Management Plan (CEMP) The recommendations of the approved Construction Environmental Management Plan, prepared by Kane, dated 23/05/2024, must be implemented and complied with during all demolition, excavation, construction and remediation works. All demolition, excavation and construction work must be undertaken in accordance with the approved Construction Environmental Management Plan (CEMP) and the Inner West Council’s Long Term Environmental Management Plan for Parks and Playgrounds (prepared by CONSARA Pty Ltd, dated 7 September 2020 or as updated). Reason: To control environmental impacts from the site during excavation, demolition and…

1. Documents related to the consent The development must be carried out in accordance with plans and documents listed below: Plan, Revision and Plan Name Date Issued Prepared by Issue No. DA 1.02 rev A Site analysis 29 September Hill Thalis 2023 DA2.01 rev A Site Plan 29 September Hill Thalis 2023 DA2.10 rev E Ground Floor Plan 17 December Hill Thalis 2024 DA2.11 rev C First Floor Plan 29 September Hill Thalis 2023 DA2.12 rev A Roof Plan 29 September Hill Thalis 2023 DA2.20 rev C Front + Rear Elevation 17 December Hill Thalis 2024 DA2.21 rev B Side elevations 17 December Hill Thalis 2024 DA2.30 rev B Sections 17 December Hill Thalis 2024 DA3.10 rev B Materials 17 December Hill Thalis 2024…

33. Flood Risk Management Plan Prior to the issue of a Construction Certificate, the Certifying Authority must be provided with a Foreshore Risk Management Plan prepared and certified by a suitably experienced Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional Engineer qualifications with Professionals Australia (RPEng). The Plan must be prepared/amended to make provision for the following: 13 a) The plan must be generally in accordance with the recommendations of the Foreshore Risk Management Report prepared by Horton Coastal Engineering dated 9 October 2023. b) Recommendations on all…

31. Flood Risk Management Plan Prior to the issue of a Construction Certificate, the Certifying Authority must be provided with a Foreshore Risk Management Plan prepared and certified by a suitably experienced Civil Engineer who holds current Chartered Engineer qualifications with the Institution of Engineers Australia (CPEng) or current Registered Professional 15 Engineer qualifications with Professionals Australia (RPEng). The Plan must be prepared/amended to make provision for the following: a) The plan must be generally in accordance with the recommendations of the Foreshore Risk Management Report prepared by Horton Coastal Engineering dated 9 October 2023. b) Recommendations on all…

• The longitudinal profile of the access within the parking facilities must comply with the Ground Clearance requirements of AS/NZS 2890.1-2004 for a B99 design vehicle. Longitudinal sections must be provided along each outer edge of all ramps; • All loading docks and parking bays are designed such that all vehicular movements to and from the proposed development are in a forward direction; • Loading / unloading facilities must be provided on-site in accordance with the requirements of AS2890.2 – 2002; and • Bicycle storage area must be designed in accordance with relevant provisions of AS 2890.3-2015. Tree Protection Plan Prior to the issue of a Construction Certificate, the Certifying…

21. Tree Protection Plan Prior to the issue of a Construction Certificate, the Certifying Authority must be provided with a detailed site-specific Tree Protection Plan (TPP) prepared by a minimum Australian Qualification Framework (AQF) Level 5, Diploma of Arboriculture, Project Arborist. The TPP is to be prepared in accordance with Australian Standard AS4970—Protection of trees on development sites and Council’s Development Fact Sheet—Trees on Development Sites.. The tree protection measures contained in the TPP must be shown clearly on the Construction Certificate drawings, including the Construction Management Plan. The Certifying Authority must ensure the construction plans and…

91. I mported Fill Materials All imported fill on the site shall be validated as Virgin Excavated Natural Material (VENM) or Excavated Natural Material (ENM), in accordance with NSW Environment Protection Authority guidelines, ‘Consultants Reporting on Contaminated Sites’ (August 2011) to ensure the imported fill is suitable for the proposed land use. All fill imported onto the site shall be validated by either one or both of the following methods: a. Imported fill be accompanied by documentation from the supplier which certifies that the material is not contaminated based upon analyses of the material for the known past history of the site where the material is obtained; and/or b. Sampling…

89. Contamination – Validation (Site Audit Statement Required) Prior to the issue of an Occupation Certificate for Main Works Stage 1, the Principal Certifier and Council must be provided with a Section A Site Audit Statement and Site Audit Report prepared by a NSW Environment Protection Authority accredited Site Auditor for the Stage 1 site. Prior to the issue of an Occupation Certificate for Main Works Stage 2, the Principal Certifier and Council must be provided with a Section A Site Audit Statement and Site Audit Report prepared by a NSW Environment Protection Authority accredited Site Auditor for the Stage 2 site. The Site Audit Statement must confirm that the site has been remediated…

126. U nderground Petroleum Storage System (UPSS) – Decommissioning – Validation Prior to the issue of an Occupation Certificate, the Principal Certifier must be provided with a validation report prepared by a suitably qualified and experienced person. The report is to confirm that the underground petroleum storage system has been removed, replaced or decommissioned in accordance with the Protection of the Environment Operations (Underground Petroleum Storage Systems) Regulation 2008, the Protection Environment Operations Act 1997 and Australian Standard AS4976-2008: The removal and disposal of underground petroleum storage tanks. Reason: To ensure compliance with the relevant environmental…

24. Construction Environmental Management Plan Prior to the issue of a Construction Certificate, the Certifying Authority must be provided with a Construction Environmental Management Plan (CEMP) prepared by a suitably qualified person. The CEMP is to include protocols to address any unexpected finds which may be encountered during the minor land-based excavation works, outline suitable water-based construction techniques to minimise sediment disturbance and outline all land and water based sediment and erosion control measure include the implementation of silt curtains to limit potential sediment migration. Reason: To ensure works are in accordance with the consent.

22. Construction Environmental Management Plan Prior to the issue of a Construction Certificate, the Certifying Authority must be provided with a Construction Environmental Management Plan (CEMP) prepared by a suitably qualified person. The CEMP is to include protocols to address any unexpected finds which may be encountered during the minor land-based excavation works, outline suitable water-based construction techniques to minimise sediment disturbance and outline all land and water based sediment and erosion control measure include the implementation of silt curtains to limit potential sediment migration. Reason: To ensure works are in accordance with the consent.

50. Aboriginal Heritage and Historic Archaeology – Unexpected Findings I f unexpected archaeological deposits or Aboriginal objects are found during the works covered by this approval, work must cease in the affected area(s) and the Office of Environment & Heritage must be notified. Additional assessment and approval pursuant to the National Parks and Wildlife Act 1974 may be required prior to works continuing in the affected area(s) based on the nature of the discovery. Reason: To ensure that the Aboriginal and historical archaeology of the Inner West is conserved as part of the development. BEFORE ISSUE OF AN OCCUPATION CERTIFICATE Condition

52. Aboriginal Heritage and Historic Archaeology – Unexpected Findings I f unexpected archaeological deposits or Aboriginal objects are found during the works covered by this approval, work must cease in the affected area(s) and the Office of Environment & Heritage must be notified. Additional assessment and approval pursuant to the National Parks and Wildlife Act 1974 may be required prior to works continuing in the affected area(s) based on the nature of the discovery. Reason: To ensure that the Aboriginal and historical archaeology of the Inner West is conserved as part of the development. BEFORE ISSUE OF AN OCCUPATION CERTIFICATE Condition

45. S ubsurface drainage pump-out systems Where it is demonstrated by detailed geotechnical investigation that the groundwater flows are minimal or intermittent, a pump out system for groundwater may be considered. An application for modification of development consent with supporting documentation must be submitted. Where this option is to be pursued dry-weather flows of any seepage water will not be permitted through kerb outlets and must be connected directly to a Council stormwater system in accordance with Council requirements. Reason: To confirm Councils stormwater requirements.

47. H azardous Materials Survey Prior to any demolition or the issue of a Construction Certificate (whichever occurs first), the Certifying Authority must provide a hazardous materials survey to Council. The survey shall be prepared by a suitably qualified Occupational Hygienist and is to incorporate appropriate hazardous material removal and disposal methods in accordance with the requirements of SafeWork NSW. A copy of any SafeWork NSW approval documents is to be included as part of the documentation. Reason: To ensure compliance with the requirements of SafeWork NSW.

53. Contamination – Disposal of Soil 22 Prior to the issue of an Occupation Certificate, the Principal Certifier must be provided with a validation report confirming that all off site disposal of soil has been classified, removed and disposed of in accordance with the NSW DECC Waste Classification Guidelines, Part 1: Classifying Waste (EPA 2014), Protection of the Environment Operations (Waste) Regulation 2014 and the Protection of the Environmental Operations Act 1997. Reason: To ensure compliance with the relevant environmental legislation.

104. C ontamination – Disposal of Soil Prior to the issue of an Occupation Certificate, the Principal Certifier must be provided with a validation report confirming that all off site disposal of soil has been classified, removed and disposed of in accordance with the NSW DECC Waste Classification Guidelines, Part 1: Classifying Waste (EPA 2014), Protection of the Environment Operations (Waste) Regulation 2014 and the Protection of the Environmental Operations Act 1997. Reason: To ensure compliance with the relevant environmental legislation.

55. Contamination – Disposal of Soil Prior to the issue of an Occupation Certificate, the Principal Certifier must be provided with a validation report confirming that all off site disposal of soil has been classified, removed and disposed of in accordance with the NSW DECC Waste Classification Guidelines, Part 1: Classifying Waste (EPA 2014), Protection of the Environment Operations (Waste) Regulation 2014 and the Protection of the Environmental Operations Act 1997. Reason: To ensure compliance with the relevant environmental legislation.

105. C ontamination – Validation (Site Audit Statement Required) Prior to the issue of an Occupation Certificate, the Principal Certifier and Council must be provided with a Section A Site Audit Statement prepared by a NSW Environment Protection Authority accredited Site Auditor. The Site Audit Statement must confirm that the site has been remediated in accordance with the Remedial Action Plan and clearly state that the site is suitable for the proposed use. Reason: To protect the amenity of the neighbourhood from contamination.

12. C ontamination – Remedial Action Plan (No Site Auditor Engaged) The site is to be remediated and validated in accordance with the recommendations set out in the Remedial Action Plan, prepared by Douglas Group Pty Ltd reference 72046.04.R.001.Rev1.Lilyfield RAP dated 16 March 2023 the Contaminated Land Management Act 1997 and the State Environmental Planning Policy No 55. Reason: To protect the amenity of the neighbourhood from contamination and ensure that the development is carried out in accordance with the consent.

19. D ry-weather Flows Dry-weather flows of any seepage water including seepage from landscaped areas will not be permitted through kerb outlets and must be connected directly to a Council stormwater system. Alternatively, the basement or any below ground structure must be designed to be “tanked” preventing the ingress of seepage or groundwater. Reason: To prevent continuous flow of groundwater in the kerb and gutter and to ensure no substance other than rainwater enters the stormwater system and waterways.

90. C ontamination – New Evidence Any new information revealed during demolition, remediation or construction works that have the potential to alter previous conclusions about site contamination must be immediately notified to the Council and the Certifying Authority. Reason: To protect the amenity of the neighbourhood from contamination.

44. Contamination – New Evidence Any new information revealed during demolition, remediation or construction works that have the potential to alter previous conclusions about site contamination must be immediately notified to the Council and the Certifying Authority. Reason: To protect the amenity of the neighbourhood from contamination.

43. Contamination – New Evidence Any new information revealed during demolition, remediation or construction works that have the potential to alter previous conclusions about site contamination must be immediately notified to the Council and the Certifying Authority. Reason: To protect the amenity of the neighbourhood from contamination.