Bayside Operational Noise Conditions

3. Protection of the Environment Operations (Waste) Regulation 2014. All imported fill must be accompanied by documentation from the supplier which certifies that the material has been analysed and is suitable for the proposed land use. Condition reason: To ensure soil imported to the site is not contaminated and is safe for future occupants. 97 Approval and Permits under Roads Act and Local Government Act for Works Activities on Public Land During all stages of demolition and construction, application(s) shall be made to Bayside Council (upon payment of a fee in accordance with Bayside Council's adopted fees and charges) to obtain the necessary approvals and permits for any and all…

1. Planter boxes constructed over a concrete slab shall be built in accordance with the following requirements: a. Soil depths must be in accordance with Council’s DCP and associated Technical Specifications. The base of the planter must be screeded to ensure drainage to a piped internal drainage outlet of minimum diameter 90mm, with no low points elsewhere in the planter. There are to be no external weep holes. b. A concrete hob or haunch shall be constructed at the internal join between the sides and base of the planter to contain drainage to within the planter. c. Planters are to be fully waterproofed and sealed internally with a proprietary sealing agent and applied by a qualified and…

8. The traffic signage on Pater Street shall be revised to accommodate the movement of the commercial vehicles as per the swept paths in the traffic report (particularly to allow a HRV vehicle to manoeuvre around the end of the Pater Street). The public footpaths shall be constructed in accordance with the approved Public Domain Plan and Bayside Council specifications. The footpath dimensions, location, pavement type and construction methods shall be in accordance with these specifications. If pavers DA-2024/268 60 are necessary, they shall be ordered allowing for adequate lead time for manufacture (10- 12 weeks). All works within the road reserve, which are subject to approval pursuant to…

1. Approved Plans and Supporting Documentation Development must be carried out in accordance with the following approved plans and documents, except where the conditions of this consent expressly require otherwise. Approved Architectural Plans Plan Revision Plan Title Drawn By Date of Plan No. No. DA001 5 Project Information PBD Architects 28/02/2025 DA004 2 Site Plan PBD Architects 30/01/2025 DA101 4 Basement 02 Plan PBD Architects 28/02/2025 DA102 4 Basement 01 Plan PBD Architects 28/02/2025 DA103 11 Ground Floor Plan PBD Architects 01/04/2025 DA104 10 Level 1 Plan PBD Architects 01/04/2025 DA105 6 Level 2 Plan PBD Architects 28/02/2025 DA106 6 Level 3-5 Plan PBD Architects 28/02/2025…

6. A garbage container with a tight-fitting lid Condition reason: To protect workers, the public and the environment 30 Dilapidation Report - Public Domain - Pre-Construction - Minor At the proposed point of construction site entry, a full photographic survey showing the existing conditions of Bayside Council’s infrastructure shall be submitted to Bayside Council and the Principal Certifier. The survey shall detail the physical conditions and identify any existing damages to the road, kerb, gutter, footpath, driveways, street trees, street signs and any other Council assets fronting the property and extending to a distance of 20m from the development. Failure to do so will result in the…

2. The use of mechanical plant including air conditioners, fans, compressors, condensers, freezers, swimming pool or spa pumps (whether commercial or domestic) shall not cause sound pressure levels in excess of the criteria given in the NSW Industrial Noise Policy – 2000. Condition reason: To manage site operations so that adverse impacts to the locality are minimised. 139 Maintenance of Sound Attenuation Sound attenuation must be maintained in accordance with the Acoustic Report submitted by Sound in – Noise and Vibration Impact Assessment – 47 Swinbourne Street Banksmeadow – Version 1.0 (FINAL), Report NO. 17268-N, Dated 12 September 2024 – Prepared by Nic Hall. Condition reason: To…

14. Acoustic Report – Amended report/Operational Compliance (a) Prior to issue of any the relevant Construction Certificate: (i) an amended acoustic assessment report shall be submitted to, and approved by, Council's Director City Futures (or delegate). The report shall be prepared by a suitably qualified and experienced acoustic consultant (who is a member of either the Australian Acoustical Societyo r the Association of Australian Acoustical Consultants). The acoustic report shall consider all potential noise impacts (from the garage roller­ shutter door, residents, deliveries, waste collection, vehicle MDA-2025/27 Page 7 of 49 movements, outdoor activities, use of outdoor terrace areas…

71. Vibration Monitoring Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed. If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak…

91. Vibration Monitoring Vibration monitoring equipment must be installed and maintained, under the supervision of a professional engineer with expertise and experience in geotechnical engineering, between any potential source of vibration and any building identified by the professional engineer as being potentially at risk of movement or damage from settlement and/or vibration during the excavation and during the removal of any excavated material from the land being developed. If vibration monitoring equipment detects any vibration at the level of the footings of any adjacent building exceeding the peak particle velocity adopted by the professional engineer as the maximum acceptable peak…

12. Plan of Management (a) Prior to commencement of operations, and before issue of any Occupation Certificate, an amended Plan of Management (PoM) must be submitted to, and approved by, Council's Director City Futures (or delegate). The amended PoM shall address all approved changes to the facility, (e.g. reduced bed and room numbers), and include all relevant requirements contained within the conditions of this consent. (b) The submitted PoM shall be amended to address / include (but not be limitedt o) the following, in addition to (a) above: (i) Use of the cafe shall be for residents, staff and guests of the premiseso nly and shall not be available for use by the general public. (ii)…

40. Swimming Pools – New Pools a) The design and construction of the swimming pool and associated fencing and equipment must comply with: i) Swimming Pools Act 1992, and ii) ii. Swimming Pool Regulations 2018, and iii) iii. National Construction Code, and iv) iv. AS 1926.1 – Swimming Pool Safety – Safety Barriers for Swimming Pools, and v) v. Protection of the Environment Operations Act 1997. Details demonstrating compliance with the requirements of this condition are to be submitted to the Principal Certifier prior to the issue of the relevant Construction Bayside Council Page 28 of 87 DA-2024/169 Certificate and must be complied with prior to the issue of the relevant Occupation…

92. Acoustic Impacts The proposed use of the premises and the operation of all plant and equipment shall not give rise to ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations: a) The operation of all plant and equipment shall not give rise to an equivalent continuous (Laeq) sound pressure level at any point on any residential property / affected premises greater than 5dB(A) above the existing background LA90 level (in the absence of the noise under consideration), and b) The operation of all plant and equipment when assessed on any residential property shall not give rise to a sound pressure level that exceeds Laeq 50dB(A) day time and Laeq…

91. Noise from Mechanical Plant / Ventilation and Air Conditioning a) The use of the premises, building services, equipment, machinery and, ancillary fittings shall not give rise to an “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act 1997, and b) The use of mechanical plant including air conditioners, fans, compressors, condensers, freezers, swimming pool or spa pumps (whether commercial or domestic) shall not cause sound pressure levels in excess of the criteria given in the NSW Industrial Noise Policy – 2000. Condition reason: To manage site operations so that adverse impacts to the locality are minimised.

90. Health Impacts (non-residential uses) The use of the premises shall not give rise to an environmental health nuisance to the adjoining or nearby premises and environment. There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations. The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage other premises. Condition reason: To manage site operations so that adverse impacts to the locality are minimised. DA-2024/374 45

19. Prior to commencement of demolition a Demolition and Construction Noise Management plan prepared by a suitably qualified acoustic consultant must be submitted to, and approved by, Council’s Director City Futures (or delegate). DA-2024/374 13 The Plan must demonstrate that impacts will be minimised and are in accordance with the NSW Environmental Protection Authority's Interim Construction Noise Guidelines and the Protection of the Environment Operations Act 1997. Condition reason: to ensure that acoustic impacts resulting from demolition and construction are minimised and in accordance with relevant standards. During demolition work

97. Noise from Air-Conditioning Units Residential air conditioners shall not cause ‘offensive noise’ as defined by the Protection of the Environment Operations Act 1997 or contravene provisions of the Protection of the Environment (Noise Control) Regulation 2008 where emitted noise from a residential air conditioner can be heard within a habitable room in any other residential premises at night. Condition reason: To manage noise from air-conditioning units so that adverse impacts to the locality are minimised.

170. Noise from Air-Conditioning Units Residential air conditioners shall not cause ‘offensive noise’ as defined by the Protection of the Environment Operations Act 1997 or contravene provisions of the Protection of the Environment (Noise Control) Regulation 2008 where emitted noise from a residential air conditioner can be heard within a habitable room in any other residential premises at night. REASON To manage noise from air-conditioning units so that adverse impacts to the locality are minimised.

2. Acoustic measures - Adopt and implement all recommendations contained in the acoustic report prepared by Anavs-Acoustic Noise & Vibration Solutions P/L – Acoustic Report – Traffic, Aircraft, Acoustic Insulation between floors & walls & Mechanical Ventilation System – No. 15-23 Flora Street & No. 12-18 Valda Avenue, Arncliffe – Document Reference Number: 2024-192, dated 24 September 2024. Prepared by Domeniki Tsagaris.

17. Residential air conditioners shall not cause ‘offensive noise’ as defined by the Protection of the Environment Operations Act 1997 or contravene provisions of the Protection of the Environment (Noise Control) Regulation 2008 where emitted noise from a residential air conditioner can be heard within a habitable room in any other residential premises at night.

65. Certification of acoustic measures Before the issue of an occupation certificate, a suitably qualified person must provide details demonstrating compliance to the principal certifier that the acoustic measures have been installed in accordance with the acoustic report approved under this consent. Condition reason: To protect the amenity of the local area

122. Acoustic Certification Before the issue of an Occupation Certificate, a suitably qualified person must provide details demonstrating compliance to the Principal Certifier that the acoustic measures have been installed in accordance with the Acoustic Report approved under this consent. REASON To ensure the effectiveness of acoustic mitigation measures.

84. Managing noise – Compliance with Acoustic Report During ongoing use of the premises, the premises must be operated in accordance with the acoustic report approved under this consent. Condition reason: To protect the amenity of the local area DA-2024/374 43

15. The use of the premises, building services, equipment, machinery and, ancillary fittings MDA-2025/27 Page 8 of 49 shall not give rise to an “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act, 1997.

1. The use of the premises, building services, equipment, machinery and, ancillary fittings shall not give rise to an “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act 1997, and