Newcastle Heritage Conservation Conditions

26. Public infrastructure - rectification of damage On completion of demolition work, any public infrastructure (including all public footways, foot paving, kerbs, gutters and road pavement) damaged during the works (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub-contractors, concreting vehicles) are to be immediately fully repaired following the damage, to a condition that provides for safe use by pedestrians and vehicles, to the written satisfaction of Council, and at no cost to Council. Condition reason: to ensure rectification of any damage to public infrastructure. Page 10 of 12 SCHEDULE OF CONDITIONS Advisory Matters • Any…

16. The development application for each stage of development shall be accompanied by: a) A detailed Historical Archaeological Assessment prepared by a suitably qualified and experienced historical archaeologist for assessing relics of local and State significance. The archaeologist assessment should identify all impacts to the archaeological resource and prepare appropriate mitigation measures for each stage of the development appropriate to the significance of the archaeology present. Archaeological test excavation(s) should be considered to better inform the archaeological potential on the site and the presence or absence of State significant relics. The results of any archaeological…

68. Development consent for Staged Concept Development Application No.2015/10182 is to be surrendered. A Notice of Surrender of Development is to be submitted within 28 days of the date of this consent. Advisory • The concept approval does not preclude any legislative requirements related to Integrated Development. • No Aboriginal objects may be harmed without an approval from heritage NSW under the National parks and Wildlife Act 1974. (Inserted under RE2024/00002 - DATE) • If any Aboriginal object(s) are discovered and/or harmed in, or under the land, while undertaking the proposed development activities, the proponent must: o Not further harm the object(s) o Immediately cease all work at…

14. This development consent does not grant consent to any proposed physical works (including as proposed within the concept plan to which this consent applies) to heritage items and contributory items within the site. Separate consent must be obtained for physical works to heritage items and contributory items. Heritage contributory items will need to be subject to a detailed assessment of each development application which is to be accompanied by: a) A Conservation Management Plan to be prepared for all listed heritage items and contributory items to guide the cultural significance of the items and architectural Page 6 of 19 design of adaptations, alterations and additions and new…

73. The person having the benefit of the consent, must notify any contractors and persons involved in undertaking subsurface disturbance works, that it is an offence under Section 86 of the National Parks and Wildlife Act 1974 to harm or desecrate an Aboriginal object unless that harm or desecration is subject of an approved Aboriginal Heritage Impact Permit (AHIP). During construction works should any Aboriginal relics be discovered then all excavations or disturbance to the area shall cease immediately and the NSW Biodiversity Conservation Division (BCD), shall be informed in accordance with Section 89A of the National Parks and Wildlife Act 1974. Note: All necessary approvals from the…

73. The person having the benefit of the consent, must notify any contractors and persons involved in undertaking subsurface disturbance works, that it is an offence under Section 86 of the National Parks and Wildlife Act 1974 to harm or desecrate an Aboriginal object unless that harm or desecration is subject of an approved Aboriginal Heritage Impact Permit (AHIP). During construction works should any Aboriginal relics be discovered then all excavations or disturbance to the area shall cease immediately and the NSW Biodiversity Conservation Division (BCD), shall be informed in accordance with Section 89A of the National Parks and Wildlife Act 1974. Note: All necessary approvals from the…

3. Earthworks and the demolition of structures shall be generally undertaken only in stages in conjunction with the development application for each stage for the proposed development, except for Stage 3 and 4 where demolition of non-heritage and non- contributory (i.e., neutral, or Contributory 2 items by the City of Newcastle Heritage Technical Manual) is otherwise approved. However, any earthworks required for site infrastructure, road works, drainage or the like, may be carried out (with consent) in advance of a particular stage, if the relevant areas are subsequently stabilised and grassed or landscaped so that no major areas of earth and soil are left exposed (Amended under…

75. An archival photographic record is to be undertaken of the existing garage, including the interiors, prior to the issue of a construction certificate. The archival recording is to be in accordance with the requirements of: a. The NSW Heritage Office publication "How to Prepare Archival Records of Heritage items" (1998); and b. The Department of Planning's "Recording Places of Cultural Page 23 of 37 Significance" (1991) The record in digital form is to be submitted to City of Newcastle with the documentation for the construction certificate. The vehicular entrance and exit driveways and the direction of traffic movement within the site are to be clearly indicated by means of…

75. An archival photographic record is to be undertaken of the existing garage, including the interiors, prior to the issue of a construction certificate. The archival recording is to be in accordance with the requirements of: a. The NSW Heritage Office publication "How to Prepare Archival Records of Heritage items" (1998); and b. The Department of Planning's "Recording Places of Cultural Significance" (1991) The record in digital form is to be submitted to City of Newcastle with the documentation for the construction certificate. The vehicular entrance and exit driveways and the direction of traffic movement within the site are to be clearly indicated by means of reflectorised signs and…

35. The development application for each stage shall be accompanied by a detailed Construction Management Plan (CMP) to ensure the provision for safe, continuous movement of traffic and pedestrians within the road reserve. The CMP shall include, but not be limited to: a) Details of the manner in which disruption to all surrounding areas (including Hunter Street Mall) will be mitigated; b) Location of material storage and temporary storage sheds; c) Details of site fencing/hoarding, excavation and shoring; and d) Measures to minimise potential odour associated with the operation of machinery or other potential odour sources.

13. With the exception of the Thorn Street and Laing Street frontages of Block 3, where the building envelope exceeds the maximum street wall height identified in the Newcastle DCP 2012, then the section of any building above that height shall be set back in accordance with the DCP, being 6 metres, unless otherwise justified or approved through a separate development consent for separate stage of the concept development area. (Amended under DA2017/00701.01 - 15 March 2019) European Built Heritage

74. The applicant must ensure that if unexpected archaeological deposits or relics not identified and considered in the supporting documents for this approval are discovered, work must cease in the affected area(s) and the Heritage Council of NSW must be notified. Additional assessment and approval may be required prior to works continuing in the affected area(s) based on the nature of the discovery.

74. The applicant must ensure that if unexpected archaeological deposits or relics not identified and considered in the supporting documents for this approval are discovered, work must cease in the affected area(s) and the Heritage Council of NSW must be notified. Additional assessment and approval may be required prior to works continuing in the affected area(s) based on the nature of the discovery.

34. Heritage, Aboriginal Cultural Heritage & Archaeology Inductions Before any works commence on site, all contractors and subcontractors shall undergo an induction session, delivered by a suitably qualified heritage consultant, highlighting the historical significance of the and stop works procedures. Condition reason: To ensure all contractors are aware of heritage obligations

12. Where the building envelope is above a retained heritage facade, then it shall be set back in accordance with Newcastle DCP 2012, being 6 metres, unless otherwise justified or approved through a separate development consent for separate stage of the concept development area. (Amended under DA2017/00701.01 - 15 March 2019)