Newcastle Traffic & Access Conditions

81. A complaints register must be maintained and stored on the premises. All noise complaints are to be registered and identify what course of remedial action has been taken. This register is to be publicly accessible at all times to Liquor and Gaming, Police, Council and / or any members of the public. (Condition inserted under MA2022/00433) 81A. A telephone number must be displayed on a sign at the Lyrique Bar's entrance (Lyrique Lane) entrance for any person who wishes to make a complaint. (Condition inserted under MA2024/00006) END OF CONDITIONS Page 22 of 30 ADVISORY MATTERS • Any proposed business identification sign or advertising sign should be designed in accordance with the…

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 3m3 2 bedroom 4m3 3+ bedroom 5m3 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 the location of underground services…

19. The number of car parking spaces shall be provided within each stage in accordance the requirements of Section 7.03 of Newcastle Development Control Plan 2012 (NDCP 2012) or the applicable standard at the date of lodgement of the application for each stage. The submitted plans and Traffic and Parking Impact Assessment for each stage shall detail the number and location of spaces required in accordance with this condition: a) 100% of car spaces required for residents are to be provided on site; b) A minimum of 25% of the required number of residential visitor parking spaces shall be provided for residential visitor parking in each of the car parks for each Block contained in Stages 1-4…

80. Prior to the issue of an occupation certificate for the relevant Stage, the following parking provisions must be accommodated on-site: a) The overall development must provide a A maximum of 326 397 on-site car parking spaces, with Phase 2 delivering 371 and Phase 4 delivering 26 spaces. Parking spaces must be provided and allocated as follows: i. minimum of 107 car parking spaces must be for allocated for the Independent Living Units (ILU). These 107 spaces must include a minimum of 11 disabled car parking spaces. Out of the 107 car parking spaces, 54 car parking spaces must be allocated to Western Tower ILU. ii. minimum of 7 car parking spaces for Residential Aged Care (RAC). These 7…

115. On site car parking is to be provided for the development as follows: a) The overall development must provide a A maximum of 397326 on-site car parking spaces, with Phase 2 delivering 371 and Phase 4 delivering 26 spaces. Parking spaces must be provided and allocated as follows: i. minimum of 107 car parking spaces must be for allocated for the Independent Living Units (ILU). These 107 spaces must include a minimum of 11 disabled car parking spaces. Out of the 107 car parking spaces, 54 car parking spaces must be allocated to Western Tower ILU. ii. minimum of 7 car parking spaces for Residential Aged Care (RAC). These 7 spaces must include a minimum of 2 disabled car parking spaces.…

42. The development application for Stage 3 and Stage 4 identified on the ‘Indicative Staging Plan’ prepared by SJB Architects (DA-2903, Revision 00, dated 15.5.17) shall include the dedication of land to Newcastle City Council which comprises 'Market Square', as shown on Floor Plan Level 01 prepared by SJB Architects (Drawing DA-0201 Revision 00, dated 15.5.17). Prior to dedication the land is to be constructed to finished levels to Council's satisfaction and at no cost to Council. shall include a public right of carriageway over the publicly accessible private land, in accordance with the 'Privately Owned Public Access' plan prepared by SJB Architects (Job No. 5614, Drawing No. DA2902,…

115. On site car parking is to be provided for the development as follows: a) The overall development must provide a maximum of 397 on-site car parking spaces, with Phase 2 delivering 371 and Phase 4 delivering 26 spaces. Parking spaces must be allocated as follows: i. minimum of 107 car parking spaces must be for allocated for the Independent Living Units (ILU). These 107 spaces must include a minimum of 11 disabled car parking spaces. Out of the 107 car parking Page 30 of 37 spaces, 54 car parking spaces must be allocated to Western Tower ILU. ii. minimum of 7 car parking spaces for Residential Aged Care (RAC). These 7 spaces must include a minimum of 2 disabled car parking spaces. Out of…

80. Prior to the issue of an occupation certificate for the relevant Stage, the following parking provisions must be accommodated on-site: Page 24 of 37 a) The overall development must provide a maximum of 397 on-site car parking spaces, with Phase 2 delivering 371 and Phase 4 delivering 26 spaces. Parking spaces must be allocated as follows: i. minimum of 107 car parking spaces must be for allocated for the Independent Living Units (ILU). These 107 spaces must include a minimum of 11 disabled car parking spaces. Out of the 107 car parking spaces, 54 car parking spaces must be allocated to Western Tower ILU. ii. minimum of 7 car parking spaces for Residential Aged Care (RAC). These 7 spaces…

42. The development application for Stage 3 and Stage 4 shall include a public right of carriageway over the publicly accessible private land, in accordance with the 'Privately Owned Public Access' plan prepared by SJB Architects (Job No. 5614, Drawing No. DA2902, Revision 04, dated 23.02.2024) and be inclusive of an associated public lift located between Newcomen and Laing Streets. A survey plan detailing the constructed finished levels shall be submitted to and approved by Council prior to issue of any Occupation Certificate or Subdivision Certificate for stage 4, whichever occurs first. (Amended under RE2024/00002 - DATE) 42A. Before the issue of the first Occupation Certificate for…

41. Pursuant to Section 7.12 of the Environmental Planning and Assessment Act 1979 development applications for any stage will be required to pay the applicable contribution as detailed in the 'The City of Newcastle Section 94A Development Contributions Plan 2009' or any other relevant contributions plan that may be applicable to the application. Note: The contribution which will be payable for each stage of the development under Section 7.12 of the Environmental Planning and Assessment Act, 1979 will include a contribution towards the undertaking of public domain works within the Newcastle City Centre and may include works identified in the 'Indicative Public Domain Strategy' which are not…

7. The relevant terms of this development consent are to be incorporated into an operational Plan of Management of the hotel relating to all aspects of the operation of the hotel use including, but not limited to, hours of operation, waste management including collection and storage, servicing and deliveries, baggage handling and the hotel, maintenance and cleaning, complaint management, security, staffing, emergency evacuation, facilitating access, use and parking for disabled persons, enforcement of the maximum patron caps applicable to the bar, lounge, restaurant and private dining areas and, management of intoxicated persons on or near the premises. The Plan of Management is to be…

7. The relevant terms of this development consent are to be incorporated into an operational Plan of Management of the hotel relating to all aspects of the operation of the hotel use including, but not limited to, hours of operation, waste management including collection and storage, servicing and deliveries, baggage handling and the hotel, maintenance and cleaning, complaint management, security, staffing, emergency evacuation, facilitating access, use and parking for disabled persons, enforcement of the maximum patron caps applicable to the bar, lounge, restaurant and private dining areas and, management of intoxicated persons on or near the premises. The Plan of Management is to be…

85. Prior to commencement of site works for each respective stage of the development the developer must submit, to the written satisfaction of City of Newcastle, a Construction Traffic Management Plan addressing traffic control measures to be utilised in the public road reserve during the construction phase. Page 27 of 39 Note: 1: The plan will be required to be referred to the Roads & Traffic Authority for separate approval. Note 2: The required plan is to ensure the provision for safe, continuous movement of traffic and pedestrians within the road reserve. The plan is to be prepared in accordance with Australian Standard 1742.3 – 2002. (Condition amended - MA2023/00221)

85. Prior to commencement of site works for each respective stage of the development the developer must submit, to the written satisfaction of City of Newcastle, a Construction Traffic Management Plan addressing traffic control measures to be utilised in the public road reserve during the construction phase. Note: 1: The plan will be required to be referred to the Roads & Traffic Authority for separate approval. Note 2: The required plan is to ensure the provision for safe, continuous movement of traffic and pedestrians within the road reserve. The plan is to be prepared in accordance with Australian Standard 1742.3 – 2002. (Condition amended - MA2023/000221)

85. Prior to commencement of site works for each respective stage of the development the developer must submit, to the written satisfaction of City of Newcastle, a Construction Traffic Management Plan addressing traffic control measures to be utilised in the public road reserve during the construction phase. Note: 1: The plan will be required to be referred to the Roads & Traffic Authority for separate approval. Note 2: The required plan is to ensure the provision for safe, continuous movement of traffic and pedestrians within the road reserve. The plan is to be prepared in accordance with Australian Standard 1742.3 – 2002. (Condition amended - MA2023/00221)

33. Traffic management - RMS accredited Before site work and/or building work commences, a Construction Traffic Management Plan is to be prepared by a Roads & Maritime Services accredited person with a Design and Audit Traffic Control Plans Certificate in accordance with Australian Standard 1742.3:2009 - Manual of uniform traffic devices - traffic control for works on roads. The plan is to ensure the provision for safe, continuous movement of traffic and pedestrians within the road reserve. Written acceptance of the Plan must be obtained from the relevant roads authority and Newcastle City Council. Condition reason: to require a traffic management plan.

56. Section 88B Instrument Before the issue of the first occupation certificate for the development (i.e., whether for part or whole of a building), a notation is to be made on a survey plan and accompanying instrument under Section 88B of the Conveyancing Act 1919 setting out the terms of the required 4m wide easement to drain water and such is to be lodged with the Newcastle City Council for certification and be subsequently registered with NSW Land Registry Services. Page 19 of 36 Note: The instrument is to provide that the 4m wide easement to drain water is unable to be released, varied or modified without the concurrence of Newcastle City Council.

36. The Construction Management Plan shall include a Traffic Management Plan which shall include, but not be limited to: Page 10 of 18 a) Details of site personnel parking, including consideration of public transport options to minimise on street parking; b) Location of construction zones and delivery access, including pedestrian/traffic management; c) Proposed traffic control measures which will be in place during the construction phase of each stage of the development to minimise the impacts of construction vehicles on traffic efficiency and road safety within the vicinity; and d) Construction hours, including hours for deliveries.

36. The Construction Management Plan shall include a Traffic Management Plan which shall include, but not be limited to: a) Details of site personnel parking, including consideration of public transport options to minimise on street parking; b) Location of construction zones and delivery access, including pedestrian/traffic management; c) Proposed traffic control measures which will be in place during the construction phase of each stage of the development to minimise the impacts of construction vehicles on traffic efficiency and road safety within the vicinity; and d) Construction hours, including hours for deliveries.

88. Site maintenance While demolition work is being carried out, the following requirements, as specified in the approved demolition management plan, must be maintained until the demolition work and demolition waste removal are complete: a) Protective fencing and any hoardings to the perimeter on the site b) Access to and from the site c) Construction traffic management measures d) Protective measures for on-site tree preservation and trees in adjoining public domain e) Onsite temporary toilets f) A garbage container with a tight-fitting lid Condition reason: to protect workers, the public and the environment.

5. Concurrence of Transport for New South Wales The concurrence from Transport for New South Wales require compliance with conditions. These conditions are to be complied with prior to, during, and at the completion of the development. The Required Conditions of Consent are as per: • Transport for New South Wales dated 18 April 2024 - Required Conditions of Consent – Protection of TfNSW Infrastructure and Light Rail Operations Condition reason: To ensure the requirements of state authorities are complied with. BUILDING WORK BEFORE ISSUE OF A CONSTRUCTION CERTIFICATE Condition

52. The appropriate notation is to be made on a survey plan and accompanying instrument under Section 88B of the Conveyancing Act 1919 (NSW) setting out the terms of the required easements and such being lodged with Council for certification CEO and being registered with NSW Land Registry Services prior the issuing of an Occupation Certificate for the proposed development, it being noted that the instrument is to provide that the easement is unable to be released, varied or modified without the concurrence of The City of Newcastle.

75. Parking and access maintenance During occupation and ongoing use, proposed parking areas, vehicle bays, driveways and turning areas are to be maintained clear of obstruction and be used exclusively for purposes of car parking, loading and unloading, and vehicle access, respectively. Under no circumstances are such areas to be used for the storage of goods or waste materials. Condition reason: to enforce approved parking, loading and traffic measures. DEMOLITION WORK BEFORE DEMOLITION WORK COMMENCES Condition

61. Water management measures complete Before the issue of the first occupation certificate for the development (i.e., whether for part or whole of a building), the water management measures as indicated on the submitted plans and Statement of Environmental Effects and/or as modified under the terms of this consent Page 20 of 36 are to be implemented and the nominated fixtures and appliances are to be installed and operational. Condition reason: to ensure water management measures are as approved.

1. These General Terms of Approval (GTAs) only apply to the development described in the plans and associated documentation relating to DA2019/01150 and provided to Subsidence Advisory NSW. Any amendments or subsequent modifications to the development may render these GTAs invalid. If the proposed development is amended or the development consent modified, Subsidence Advisory NSW must be notified to determine if any variations to these GTAs are required.

4. General Terms of Approval The General Terms of Approval from state authorities must be complied with prior to, during, and at the completion of the development. The General Terms of Approval are: • Transport for New South Wales dated 18 April 2024 • Subsidence Advisory dated 20 November 2023 Condition reason: To ensure the requirements of state authorities are complied with under relevant legislation Page 4 of 36

30. The Construction Traffic Management Plan is to be prepared by a Roads & Maritime Services accredited person with a Design and Audit Traffic Control Plans Certificate in accordance with Australian Standard 1742.3:2009 - Manual of uniform traffic devices - traffic control for works on roads. The plan is to ensure the provision for safe, continuous movement of traffic and pedestrians within the road reserve.

30. The Construction Traffic Management Plan is to be prepared by a Roads & Maritime Services accredited person with a Design and Audit Traffic Control Plans Certificate in accordance with Australian Standard 1742.3:2009 - Manual of uniform traffic devices - traffic control for works on roads. The plan is to ensure the provision for safe, continuous movement of traffic and pedestrians within the road reserve.

44. Water management measures complete Prior to occupation of the development the water management measures as indicated on the submitted plans and Statement of Environmental Effects and/or as modified under the terms of this consent are to be implemented and the nominated fixtures and appliances are to be installed and operational. Condition reason: to ensure water management measures are as approved.

37. In accordance with the terms and conditions of the Competition Waiver Agreement (Dated 14 August 2018) the applicant shall obtain written approval from the Design Excellence Panel prior to the release of every construction certificate for works above the ground level slab, to confirm the detailed design is consistent with the design quality as approved. (Condition amended - MA2024/00381)

24. Detailed plans shall accompany a development application for each respective stage of the development confirming that sight line distances for access locations promote safe vehicle movements and are in accordance with the relevant Australian Standards (including AS2890:1:2004). Plans shall also demonstrate compliance of access with the requirements of Section 7.03 of NDCP 2012.

28. The development application for each stage shall be accompanied by documentation from service and telecommunication providers which details the available network capacity and upgrades required and which confirms that satisfactory arrangements can be made for the provision of services to the development, including the payment of any contributions towards necessary upgrades.

72. The ongoing operation of the hotel is to be in accordance with the Plan of Management and any conditions for the lifetime of the development. All staff are to be made aware of and trained Page 18 of 29 regarding the terms of the Plan of Management. The Plan of Management may only be amended in consultation with City of Newcastle and the Newcastle City Police District.

65. Car park marking Before the issue of an occupation certificate, all parking bays (including visitor and any required loading bays) are to be permanently marked out on the pavement surface. Loading bays and visitor parking facilities must also be clearly indicated by signs. Condition reason: to require signage and line-marking for visitor car spaces. Page 21 of 36

72. The ongoing operation of the hotel is to be in accordance with the Plan of Management and any conditions for the lifetime of the development. All staff are to be made aware of and trained regarding the terms of the Plan of Management. The Plan of Management may only be amended in consultation with City of Newcastle and the Newcastle City Police District.

118. A Green Travel Plan for the development is to be prepared and implemented prior to occupation of the development. The Green Travel Plan is to be in accordance with Element 7.03 ‘Traffic, Parking and Access’ of Council’s adopted Newcastle Development Control Plan 2012 and the draft Green Travel Plan submitted with the development application. PLANNING

118. A Green Travel Plan for the development is to be prepared and implemented prior to occupation of the development. The Green Travel Plan is to be in accordance with Element 7.03 ‘Traffic, Parking and Access’ of Council’s adopted Newcastle Development Control Plan 2012 and the draft Green Travel Plan submitted with the development application. PLANNING

116. Proposed parking areas, vehicle bays, driveways and turning areas are to be maintained clear of obstruction and be used exclusively for purposes of car parking, loading and unloading, and vehicle access, respectively. Under no circumstances are such areas to be used for the storage of goods or waste materials.

116. Proposed parking areas, vehicle bays, driveways and turning areas are to be maintained clear of obstruction and be used exclusively for purposes of car parking, loading and unloading, and vehicle access, respectively. Under no circumstances are such areas to be used for the storage of goods or waste materials.

71. Proposed parking areas, vehicle bays, driveways and turning areas are to be maintained clear of obstruction and be used exclusively for purposes of car parking, loading and unloading, and vehicle access, respectively. Under no circumstances are such areas to be used for the storage of goods or waste materials

37. Landscaping complete Prior to occupation landscape works are to be carried out generally in accordance with the details indicated on the approved landscape design plan except as required to be modified under the terms of this consent. Condition reason: to ensure approved landscape plans are implemented.

54. The water management measures as indicated on the submitted plans and Statement of Environmental Effects and/or as modified under the terms of this consent are to be implemented and the nominated fixtures and appliances are to be installed and operational prior to issue of an Occupation Certificate.

54. The water management measures as indicated on the submitted plans and Statement of Environmental Effects and/or as modified under the terms of this consent are to be implemented and the nominated fixtures and appliances are to be installed and operational prior to issue of an Occupation Certificate.

37. The Construction Traffic Management Plan shall be prepared by a Roads & Maritime Services accredited person with a Design and Audit Traffic Control Plans Certificate in accordance with ‘Australian Standard 1742.3:2009 - Manual of uniform traffic devices – traffic control for works on roads’.

74. The maximum size vehicle accessing the proposed King Street loading dock being restricted to a medium rigid vehicle (MRV) as defined under AS 2890.2. Under no circumstances is a heavy rigid vehicle (HRV) or an articulated vehicle permitted to enter the loading dock area. Page 18 of 30

37. In accordance with the terms and conditions of the Competition Waiver Agreement (Dated 14 August 2018) the applicant shall obtain written approval from the Design Excellence Panel prior to the release of any Construction Certificates or tender documentation for the project.

53. Prior to the commencement of work, a 3.0m wide all-weather vehicle access is to be provided from the kerb and gutter to the building under construction, to reduce the potential for soil erosion. Sand or soil is not to be stockpiled on the all-weather vehicle access.

53. Prior to the commencement of work, a 3.0m wide all-weather vehicle access is to be provided from the kerb and gutter to the building under construction, to reduce the potential for soil erosion. Sand or soil is not to be stockpiled on the all-weather vehicle access.

2. The General Terms of Approval issued by the Subsidence Advisory NSW dated 21 November 2019 (Ref: TBA19-06682) and reproduced at Schedule 1 form part of this Integrated Development Consent. CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

2. The General Terms of Approval issued by the Subsidence Advisory NSW dated 21 November 2019 (Ref: TBA19-06682) and reproduced at Schedule 1 form part of this Integrated Development Consent. CONDITIONS TO BE SATISFIED PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

46. Prior to the commencement of work, a 3m wide all weather vehicle access is to be provided from the kerb and gutter to the building under construction, to reduce the potential for soil erosion. Sand shall not be stockpiled on the all weather vehicle access

46. Prior to the commencement of work, a 3m wide all weather vehicle access is to be provided from the kerb and gutter to the building under construction, to reduce the potential for soil erosion. Sand shall not be stockpiled on the all weather vehicle access

29. Prior to commencement of site works the developer is to submit to Council for approval a Construction Traffic Management Plan addressing traffic control measures to be utilised in the public road reserve during the construction phase.

29. Prior to commencement of site works the developer is to submit to Council for approval a Construction Traffic Management Plan addressing traffic control measures to be utilised in the public road reserve during the construction phase.