Newcastle Contamination Conditions

123. Lighting and CCTV is to be maintained and operational throughout the life of the development. 123A. In the event of any future subdivision, the residential storage cages located on Basement Level 2, Basement Level 1, and Ground Level are to be allocated as follows: Each apartment is to be allocated a storage cage of adequate size to be consistent with the following requirements: Dwelling type Minimum storage cage volume 1 bedroom 3 3m 2 bedroom 3 4m 3+ bedroom 3 5m (Condition inserted - MA2023/00221) Page 32 of 37 ADVISORY MATTERS • It is recommended that, prior to commencement of work, the free national community service ‘Dial before you Dig’ be contacted on 1100 or by fax on 1200 652…

1. The development shall be undertaken substantially in accordance with the details and specifications set out below, except where modified by any condition of this consent. Original documents: (DA2017/00701) a) Statement of Environmental Effects prepared by SJB Planning dated June 2017; b) Heritage Impact Assessment Addendum, Ref: 17-012 dated 13 June 2017, prepared by City Plan Services, and Statement of Heritage Impact (Project No. 14 0181 Issue B, dated October 2015), prepared by TKD Architects; c) Archaeological Considerations, dated 9 June 2017, prepared by Umwelt Australia; Comments on Archaeological Consent Conditions dated 9 June 2017, prepared by Umwelt Australia, and Aboriginal…

112. Remediation Validation Report Before the issue of the first occupation certificate for the development (i.e., whether for part or whole of a building), the following documentation is to be submitted to the principal certifier and Newcastle City Council: a validation report prepared by a duly qualified consultant prepared in accordance with the requirements of the Remedial Action Plan (RAP), and State Government legislation and endorsed contaminated land guidelines. Condition reason: Remediation report. Page 34 of 36 Advisory Matters • It is recommended that, prior to commencement of work, the free national community service ‘Dial before you Dig’ be contacted on 1100 or by fax on 1200…

72. Remediation Validation Report Prior to the occupation of the development, the following documentation is to be submitted to the NSW Land & Housing Corporation and Newcastle City Council: a validation report prepared by a duly qualified consultant prepared in accordance with the requirements of the Remedial Action Plan (RAP), and State Government legislation and endorsed contaminated land guidelines. Condition reason: To confirm remediation completed and land suitable for approved use. Page 22 of 24 Advisory Matters • It is recommended that, prior to commencement of work, the free national community service ‘Dial before you Dig’ be contacted on 1100 or by fax on 1200 652 077 regarding…

1. The development is to be implemented in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent. Plan No / Supporting Reference / Prepared by Dated Document Version Site Plan Job No. 5589 SJB Architects 18/10/2019 P-A-0102/22 Demolition - Level 01 Job No. 5589 SJB Architects 18/10/2019 B-A-3201/22 Demolition - Level 02 Job No. 5589 SJB Architects 18/10/2019 B-A-3202/22 Demolition - Level 03 Job No. 5589 SJB Architects 18/10/2019 B-A-3203/22 Demolition - Level 04 Job No. 5589 SJB Architects 18/10/2019 B-A-3204/22 Demolition - Level 05 Job No. 5589 SJB Architects 18/10/2019 B-A-3205/22 Demolition - Roof Job…

42. Prior to any site works commencing, the Developer preparing a Construction Management Plan (CMP) such to be designed and implemented to manage all environmental aspects associated with the construction works, including off site impacts such as transport to and from the site. Two copies of the CMP are to be provided to the Principal Certifying Authority and to Council and the CMP is to be maintained on site during all site works and be made available to Authorised Officers upon request. The CMP is to include but not be limited to: i. A site management strategy, identifying and addressing issues such as environmental health and safety, site security, and traffic management. ii. A soil and…

42. Prior to any site works commencing, the Developer preparing a Construction Management Plan (CMP) such to be designed and implemented to manage all environmental aspects associated with the construction works, including off site impacts such as transport to and from the site. Two copies of the CMP are to be provided to the Principal Certifying Authority and to Council and the CMP is to be maintained on site during all site works and be made available to Authorised Officers upon request. The CMP is to include but not be limited to: i. A site management strategy, identifying and addressing issues such as environmental health and safety, site security, and traffic management. ii. A soil and…

42. A public art feature shall be designed for the site in consultation with City of Newcastle. The public artwork is to have a minimum value of 1% ($1,608,992) of the capital cost of the development. The final details of all artworks within the site and associated costing are to be submitted to Council’s Public Art Reference Group for written approval prior to the issue of relevant construction certificate, excluding preliminary site works. The written approval be obtained prior to commencement of above-ground works/ground level slabs and the approved artwork(s) be installed prior to the use of the first Occupation Certificate. This feature is to provide visual interest for pedestrians and…

1. Approved plans and documentation The development is to be implemented in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent. Approved plans Plan number Revision Plan title Drawn by Date of plan number AR-0500 A Demolition Plan mode 23/01/2024 AR-0103 E Site Plan mode 19/12/2024 AR-1001.1 E General Arrangement Plan - mode 19/12/2024 Ground Floor (Building 1) AR-1001.2 E General Arrangement Plan - mode 19/12/2024 Ground Floor (Building 2) AR-1002 E General Arrangement Plan - mode 19/12/2024 Level 01 AR-1003 E General Arrangement Plan - mode 19/12/2024 Level 02 AR-1004 E General Arrangement Plan - mode…

79. Prior to any site works commencing, the Developer preparing a Construction Management Plan (CMP) such to be designed and implemented to manage all Page 25 of 39 environmental aspects associated with the construction works, including off site impacts such as transport to and from the site. Two copies of the CMP are to be provided to the Principal Certifier and the CMP is to be maintained on site during all site works and be made available to Authorised Officers upon request. The CMP is to include but not be limited to: a. A site management strategy, identifying and addressing issues such as environmental health and safety, site security, and traffic management. b. A soil and water…

79. Prior to any site works commencing, the Developer preparing a Construction Management Plan (CMP) such to be designed and implemented to manage all environmental aspects associated with the construction works, including off site impacts such as transport to and from the site. Two copies of the CMP are to be provided to the Principal Certifier and the CMP is to be maintained on site during all site works and be made available to Authorised Officers upon request. The CMP is to include but not be limited to: a. A site management strategy, identifying and addressing issues such as environmental health and safety, site security, and traffic management. b. A soil and water management strategy,…

79. Prior to any site works commencing, the Developer preparing a Construction Management Plan (CMP) such to be designed and implemented to manage all environmental aspects associated with the construction works, including off site impacts such as transport to and from the site. Two copies of the CMP are to be provided to the Principal Certifier and the CMP is to be maintained on site during all site works and be made available to Authorised Officers upon request. The CMP is to include but not be limited to: a. A site management strategy, identifying and addressing issues such as environmental health and safety, site security, and traffic management. b. A soil and water management strategy,…

29. Construction Environmental Management Plan (CEMP) Prior to the issue of a Construction Certificate, the proponent preparing and submitting to the PCA and Council a Construction Environmental Management Plan (CEMP) for construction/demolition works on the site, such to be kept on site and made available to Page 10 of 46 authorised Council officers upon request. The CEMP is to include but not be limited to: a) A site management strategy, identifying and addressing issues such as environmental health and safety, site security, and traffic management. b) A water management strategy, detailing erosion and sediment control, management of soil stockpiles, control and management of surface…

1. Approved plans and documentation The development is to be implemented in accordance with the plans and supporting documents set out in the following table except where modified by any conditions of this consent. Approved plans Plan number Revision Plan title Drawn by Date of plan number A11 M Site Plan EJE 6/01/2025 A12 L Existing/Demolition Plan EJE 6/01/2025 A13 O Basement Floor Plan EJE 6/01/2025 A14 R Podium Level Floor Plan EJE 6/01/2025 A15 N Level 01 Floor Plan EJE 6/01/2025 A16 L Level 02, 03 & 04 Plan EJE 6/01/2025 A17 N Penthouse Floor Plan EJE 6/01/2025 A18 N Roof Plan EJE 6/01/2025 A19 M North & East Elevations EJE 6/01/2025 A20 M South & West Elevations EJE 6/01/2025 A21 I…

22. Construction Environmental Management Plan Prior to the issue of a Crown Certificate, a Construction Environmental Management Plan (CEMP) for construction/demolition works on the site must be prepared. The CEMP must be kept on site and made available to authorised Council officers upon request. The CEMP is to include but not be limited to: a) A site management strategy, identifying and addressing issues such as environmental health and safety, site security, and traffic management. b) A water management strategy, detailing erosion and sediment control, management of soil stockpiles, control and management of surface water, groundwater. Procedures should also be included to ensure that…

40. All proposed planting and landscape elements indicated on the approved landscape concept plans or otherwise required under the conditions of this consent are required to be detailed on a comprehensive landscape design plan and specification. The required comprehensive landscape design plan and specifications is to be in accordance with the provisions of Newcastle Development Control Plan 2012 and is to include details of the following: a) cross sections through the site where appropriate b) proposed contours or spot levels c) botanical names d) quantities and container size of all proposed trees e) shrubs and ground cover f) details of proposed soil preparation g) details of proposed…

40. All proposed planting and landscape elements indicated on the approved landscape concept plans or otherwise required under the conditions of this consent are required to be detailed on a comprehensive landscape design plan and specification. The required comprehensive landscape design plan and specifications is to be in accordance with the provisions of Newcastle Development Control Plan 2012 and is to include details of the following: a) cross sections through the site where appropriate b) proposed contours or spot levels c) botanical names d) quantities and container size of all proposed trees e) shrubs and ground cover f) details of proposed soil preparation g) details of proposed…

58. The development application for Stage 1 shall be accompanied by a Strategic Social Plan as outlined in the Social Impact Assessment prepared by GHD dated October 2015 which will specifically address, but not be limited to: a) Assessment of potential impacts on local residents, businesses and organisations; b) Details of how the design of the development considers future residential amenity, safety, security and aesthetics; c) Details of how social issues will be addressed during the proposed development stage and in continuum as each stage progresses; d) Details of upfront community benefits (both short-term and long-term); e) Details of the community consultation process with key…

17. Rainwater tank screening Before the issue of a construction certificate, details are to be provided demonstrating that all downpipes discharging to the rainwater tanks will have pre-storage insect, debris and vermin control (eg. a rainwater head being leaf screened and vermin and insect proof) to minimise the contamination of captured roof water. A first flush device is to be provided for the inlet to the tank and a backflow prevention device is to be installed in the tank overflow outlet before connecting to the stormwater drainage system. If the roof downpipes are charged to the rainwater tank, all pipes are to be chemically welded and the stormwater system is to be designed such that…

86. Handling of asbestos during demolition While demolition work is being carried out, any work involving the removal of asbestos must comply with the following requirements: a) Only an asbestos removal contractor who holds the required class of Asbestos Licence issued by SafeWork NSW must carry out the removal, handling and disposal of any asbestos material. b) Asbestos waste in any form must be disposed of at a waste facility licensed by the NSW Environment Protection Authority to accept asbestos waste; and c) 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.…

56. Handling of asbestos during demolition Page 17 of 24 While demolition work is being carried out, any work involving the removal of asbestos must comply with the following requirements: a) Only an asbestos removal contractor who holds the required class of Asbestos Licence issued by SafeWork NSW must carry out the removal, handling and disposal of any asbestos material. b) Asbestos waste in any form must be disposed of at a waste facility licensed by the NSW Environment Protection Authority to accept asbestos waste; and c) 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…

41. A wind tunnelling report is to be prepared by an appropriate qualified and experience engineer. This report is to be prepared in accordance with AS1170.2 and should consider the impact on the building, the environment and pedestrian movements surrounding the development. Architectural and landscape plans will need to reflect the recommendations of the wind tunnelling report and amended plans and the wind tunnelling report is to be provided to the Principal Certifier prior to issue of any Construction Certificate (excluding any construction certificate for remediation works or demolition, preliminary earthworks and excavation.). A copy of the wind tunnelling report is to be provided to…

41. A wind tunnelling report is to be prepared by an appropriate qualified and experience engineer. This report is to be prepared in accordance with AS1170.2 and should consider the impact on the building, the environment and pedestrian movements surrounding the development. Architectural and landscape plans will need to reflect the recommendations of the wind tunnelling report and amended plans and the wind tunnelling report is to be provided to the Principal Certifier prior to issue of any Construction Certificate (excluding any construction certificate for remediation works or demolition, preliminary earthworks and excavation.). A copy of the wind tunnelling report is to be provided to…

61. Future development applications for each stage shall be accompanied by further detailed investigations to confirm the extent of Acid Sulfate Soils on the site and the implications for the proposed development. If the acid sulfate soil assessment identifies the presence of acid sulfate soils, then an Acid Sulfate Soil Management Plan prepared in accordance with the NSW Acid Sulfate Soil Management Advisory Committee's 'Acid Sulfate Soil Manual' is to be submitted to the relevant consent authority with the development application for each stage.

110. Remediation Validation Report Following completion of the remediation works, a validation report being prepared by a suitably qualified consultant in accordance with the relevant Environment Protection Authority Guidelines and submitted to the Principle Certifying Authority and Council prior to the issuing of Occupation Certificate. Condition reason: To ensure that appropriate remediation measures are undertaken. Page 33 of 36 REMEDIATION WORK DURING REMEDIATION WORK Condition

70. Relocation of survey monuments On completion of demolition work, where the proposed development involves the destruction or disturbance of any survey monuments, those monuments affected are to be relocated at no cost to Newcastle City Council, by a surveyor registered under the Surveying and Spatial Information Act 2002. Condition reason: to ensure relocation of survey marks. REMEDIATION WORK DURING REMEDIATION WORK Condition

43. Any excavated material to be removed from the site is to be assessed and classified in accordance with the NSW Environment Protection Authority's ‘Waste Classification Guidelines Part 1: Classifying Waste’ and be transported and disposed of in accordance with the provisions Page 13 of 30 of the Protection Of The Environment Operations Act 1997 and the Protection Of The Environment (Waste) Regulation 2014

113. Any liquid wastes from the premises, other than stormwater are to be either discharged to the sewers of the Hunter Water Corporation in accordance with an approved Trade Waste Agreement or collected and disposed of by a licensed waste transport contractor in accordance with the Department of Environment and Climate Change ‘Waste Classification Guidelines Part 1: Classifying Waste’. ENGINEERING

67. Any excavated material to be removed from the site is to be assessed and classified in accordance with the NSW Environment Protection Authority's ‘Waste Classification Guidelines Part 1: Classifying Waste’ and be transported and disposed of in accordance with the provisions of the Protection Of The Environment Operations Act 1997 and the Protection Of The Environment (Waste) Regulation 2014.

67. Any excavated material to be removed from the site is to be assessed and classified in accordance with the NSW Environment Protection Authority's ‘Waste Classification Guidelines Part 1: Classifying Waste’ and be transported and disposed of in accordance with the provisions of the Protection Of The Environment Operations Act 1997 and the Protection Of The Environment (Waste) Regulation 2014.

43. Any excavated material to be removed from the site is to be assessed and classified in accordance with the NSW Environment Protection Authority's ‘Waste Classification Guidelines Part 1: Classifying Waste’ and be transported and disposed of in accordance with the provisions of the Protection Of The Environment Operations Act 1997 and the Protection Of The Environment (Waste) Regulation 2014

102. Handling excavated waste During site work and/or demolition work, any excavated material to be removed from the site is to be assessed, classified, transported and disposed of in accordance with the Department of Environment and Climate Change’s (DECC) ‘Waste Classification Guidelines Part 1: Classifying Waste’. Condition reason: to ensure compliance with State Guidelines.

65. Handling excavated waste During site work and/or demolition work, any excavated material to be removed from the site is to be assessed, classified, transported and disposed of in accordance with the Department of Environment and Climate Change’s (DECC) ‘Waste Classification Guidelines Part 1: Classifying Waste’. Condition reason: to ensure compliance with State Guidelines.

60. If the detailed contamination investigation identifies remediation works that are required, then a Remedial Action Plan prepared in accordance with the Environment Protection Authority's (EPA) 'Guidelines for Consultants Reporting on Contaminated Sites' is to be submitted to the relevant consent authority with the development application for each stage. Acid Sulfate Soils

50. Handling excavated waste During site work and/or building work, any excavated material to be removed from the site is to be assessed, classified, transported and disposed of in accordance with the Department of Environment and Climate Change’s (DECC) ‘Waste Classification Guidelines Part 1: Classifying Waste’. BEFORE ISSUE OF AN OCCUPATION CERTIFICATE Condition

88. Groundwater shall not be allowed to be discharged into adjoining roads stormwater system, sewerage system etc. without the controlling authority’s approval and/or owner’s consent/s. Approval form the controlling authority and any requirements of the approving authority is to be complied with prior to the commencement of any extraction of groundwater.

88. Groundwater shall not be allowed to be discharged into adjoining roads stormwater system, sewerage system etc. without the controlling authority’s approval and/or owner’s consent/s. Approval form the controlling authority and any requirements of the approving authority is to be complied with prior to the commencement of any extraction of groundwater.

71. Remedial Action Plan Compliance During remediation work, the work is to be carried out in accordance with the requirements set out in the submitted Remedial Action Plan (RAP) prepared by Douglas Partners Pty Ltd, dated 4 December 2024. Condition reason: Remedial Action Plan Compliance ON COMPLETION OF REMEDIATION WORK Condition Page 21 of 24

109. Following completion of the remediation work, a validation report being prepared by a suitably qualified consultant in accordance with the relevant Environment Protection Authority Guidelines and submitted to the Principle Certifying Authority and City of Page 29 of 37 Newcastle prior to the issuing of an Occupation certificate.

111. Remedial Action Plan Compliance During remediation work, the work is to be carried out in accordance with the requirements set out in the submitted Remedial Action Plan (RAP) prepared by JM Environments and dated 7 February 2025 Condition reason: Remedial Action Plan Compliance ON COMPLETION OF REMEDIATION WORK Condition

109. Following completion of the remediation work, a validation report being prepared by a suitably qualified consultant in accordance with the relevant Environment Protection Authority Guidelines and submitted to the Principle Certifying Authority and City of Newcastle prior to the issuing of an Occupation certificate.

36. Acid sulfate soil - as per management plan During site work/or building work the development being carried out in accordance with the details set out in the Acid Sulfate Soil Management Plan prepared by RCA Australia and dated 20 June 2023. Condition reason: to require compliance with approved AS management plan

63. A long-term Site Management Plan is to be prepared and approved by the Site Auditor to address remaining site contamination risks and to be provided to the Principle Certifying Authority and Council prior to the issuing of Occupation Certificate

3. Remediation Treatment Under no circumstances is onsite remediation treatment to be carried out. Condition reason: Ensure contaminated land is removed from site. Page 3 of 24 BUILDING WORK BEFORE ISSUE OF A CROWN CERTIFICATE Condition

62. A ‘Section A’ Site Audit Statement and Site Audit Report prepared by a NSW accredited site auditor certifying the site is suitable for the proposed land use is to be submitted to the Principal Certifying Authority and Council.

59. The development application for each stage must provide a detailed contamination investigation in accordance with the Environment Protection Authority's (EPA) 'Guidelines for Consultants Reporting on Contaminated Sites'.

62. Any disturbance of acid sulfate soils through excavation or dewatering should be conducted in accordance with the Acid Sulfate Soil Management Plan. Geotechnical Constraints/Mine Subsidence

78. Remediation must be carried out in accordance with the Remediation Action Plan (prepared by Douglas Partners dated 21 June 2019).

78. Remediation must be carried out in accordance with the Remediation Action Plan (prepared by Douglas Partners dated 21 June 2019).