Inner West Tree Management Conditions

25. Tree Protection No trees on public property (footpaths, roads, reserves etc.) are to be removed or damaged during works unless specifically approved in this consent or marked on the approved plans for removal. Prescribed trees protected by Council’s Management Controls on the subject property and/or any vegetation on surrounding properties must not be damaged or removed during works unless specific approval has been provided under this consent. Any public tree within five (5) metres of the development must be protected in accordance with Council’s Development Fact Sheet—Trees on Development Sites. No activities, storage or disposal of materials are to take place beneath the canopy of…

54. T ree Planting in the Public Domain Prior to the issue of a Construction Certificate, the Certifying Authority must be provided with a Public Domain/Street Tree Planting Plan and evidence that the works on the Road Reserve have been approved by Council under Section 138 of the Roads Act 1993 incorporating the following requirements: a. Five (5) new trees shall be located within the footpath outside the subject property on Balmain Road. The species of tree selected shall be Lophostemon confertus (Brush Box); b. The trees are to be planted at minimum 4.5 metre spacings; c. All planting stock size shall be minimum 200 litres; d. The planting stock shall comply with AS 2303—Tree Stock for…

4. Background Site history The following summary outlines the relevant development history of the subject site and any relevant applications on surrounding properties. Subject Site/s Application Proposal Decision & Date DA/2024/0962 Partial demolition to existing structures Approved, Local Planning and the construction of a retaining wall Panel, 11/03/2025 and fence located on the shared boundary between No. 35 & 37 Premier Street and No. 42 Cary Street and removal of one (1) tree. DA200800454 To carry out alterations and additions to Approved, 05/11/2008 35 Premier Street the existing child care centre DA200700163 to construct a shade structure in the rear Approved, 31/07/2008 35 Premier…

108. P lanting of Street Trees Prior to the issue of an Occupation Certificate, the Principal Certifier must be provided with written evidence from Council that the following works on the Road Reserve have been completed in accordance with the requirements of the approval under Section 138 of the Roads Act 1993 including: a. The street trees have been planted in Alberto Street, Fred Street and Balmain Road in accordance with the Landscape Plan, or Public Domain Plan or Street Tree Planting Plan and comply with the following requirements; b. The trees must be grown and certified that it complies with AS2303:2018— Tree stock for landscape use to ensure quality trees and more successful…

• Red for trees to be removed; • Blue for trees to be pruned; and • Yellow for trees to be transplanted. NOTE: Reference should be made to the Arboricultural Impact Assessment Report prepared by Civica dated 12 December 2022 for tree numbering and locations. Project Arborist Prior to the commencement of any demolition or construction works within close proximity to protected trees a Project Arborist must be engaged for the duration of the site preparation, demolition, construction and landscaping to supervise works. Details of the Project Arborist must be submitted to the Certifying Authority before work commences. Works to Trees Approval is given for the following works to be undertaken to…

45. Inspections by Project Arborist The Project Arborist must oversee various stages of work within the Tree Protection Zone (TPZ) of any tree listed for retention including street trees. The Arborist must certify compliance with each key milestone detailed below: a) The installation of tree protection measures prior to the commencement of any construction works; b) During demolition of any ground surface materials (pavers, concrete, grass etc.) within the Tree Protection Zone (TPZ) of any tree to be retained; c) During construction/connection of services within the TPZ of any trees; d) During any excavation and trenching within the TPZ; e) During any Landscape works within the TPZ which…

9. Recommendation A. That the Inner West Local Planning Panel exercising the functions of the Council as the consent authority, pursuant to s4.16 of the Environmental Planning and Assessment Act 1979, grant consent to Development Application No. MOD/2025/0490 for Section 4.55(2) Modification to DA/2024/0962 dated 11/03/2025, modification involves re-design of the footings for the retaining wall and removal of an existing tree. at 35-37 Premier Street & 42 Cary Street, Marrickville subject to the conditions listed in Attachment A below 67 Inner West Local Planning Panel ITEM 3 Attachment A – Recommended conditions of consent 68 Inner West Local Planning Panel ITEM 3 69 Inner West Local…

92. T ree Protection No trees on public property (footpaths, roads, reserves etc.) are to be removed or damaged during works unless specifically approved in this consent or marked on the approved plans for removal. Prescribed trees protected by Council’s Management Controls on the subject property and/or any vegetation on surrounding properties must not be damaged or removed during works unless specific approval has been provided under this consent. Any public tree within five (5) metres of the development must be protected in accordance with Council’s Development Fact Sheet—Trees on Development Sites. No activities, storage or disposal of materials taking place beneath the canopy of any…

84. T ree Protection Zone To protect the following trees, no work must commence until their Protection Zone is fenced off at the specified radius from the trunks to prevent any activities, storage or the disposal of materials within the fenced area in accordance with the Tree Protection Plan. The fences (including existing boundary fencing) must be maintained intact until the completion of all demolition/building work on site. Tree Botanical/Common Location Radius in metres No. Name 4 Howea forsteriana Neighbouring In accordance with the Tree (Kentia Palm) property 14-22 Protection Plan by Australis Fred Street. Tree Management dated 20th April 2023 5 Elaeocarpus Neighbouring In accordance…

94. I nspections by Project Arborist The trees to be retained must be inspected, monitored and treated by the Project Arborist during and after completion of development works to ensure their long-term survival. Regular inspections and documentation from the Project Arborist to the Certifying Authority are required at the following times or phases of work: Tree No./ Botanical/ Common Name/ Time of Key stage/ Hold Location Inspection point In accordance with the approved Tree 4 - Howea forsteriana (Kentia Tree Protection Plan and Section 11 Palm) - Neighbouring property 14-22 of the Arboricultural Impact Fred Street. Assessment prepared by Australis Tree Management dated 20th April Tree 5 -…

47. Works to Trees Approval is given for the following trees to be removed, after the issue of a Construction Certificate: Tree No. Botanical/Common Name Location All trees as specified under Tree Planting Plan to satisfy deferred commencement condition E All tree works shall be undertaken by an arborist with minimum Australian Qualification Framework (AQF) Level 3, Certificate of Arboriculture, as defined by the Australian Qualification Framework and in compliance with Australian Standard AS 4373— Pruning of amenity trees and Safe Work Australia’s Guide to Managing Risks of Tree Trimming and Removal Work. Any works in the vicinity of the Low Voltage Overhead Network (including service…

4. Background Site history The trees appear in the 1943 Sydney aerial and appear to be relatively young at that point. There is no formal record of the planting. Application history The following table outlines the relevant history of the subject application. Date Discussion / Letter / Additional Information 29 July 2025 Meeting with the applicant to discuss issues in relation to replacement trees. 29 July 2025 Applicant provided information that includes an arborist report, a memo from the traffic section of council and a letter from the operators of the age-care facilities at 16 Fredbert Street. 3 September On site meeting with the applicant to discuss issues in relation to 2025…

47. Works to Trees Approval is given for the removal of trees specified in accordance with the report submitted to satisfy condition 1A. 20 All tree works shall be undertaken by an arborist with minimum Australian Qualification Framework (AQF) Level 3, Certificate of Arboriculture, as defined by the Australian Qualification Framework and in compliance with Australian Standard AS 4373— Pruning of amenity trees and Safe Work Australia’s Guide to Managing Risks of Tree Trimming and Removal Work. Any works in the vicinity of the Low Voltage Overhead Network (including service lines—pole to house connections) shall be undertaken by an approved network service provider contractor for the…

1. Executive Summary This report is an assessment of the application submitted to Council for Section 4.55(2) Modification to DA/2024/0962 dated 11/03/2025, modification involves re-design of the footings for the retaining wall and removal of an existing tree. at 35-37 Premier Street & 42 Cary Street, Marrickville. The application was notified to surrounding properties and one (1) submission was received in response to the notification. The main issues that have arisen from the application include: • Tree Management The proposed modifications, including tree removal are acceptable given the approved wall location is unchanged, the additional arboricultural information discovered as a result…

2. Proposal The application seeks development consent for alterations and additions to an existing semi- detached dwelling. The following works are proposed:  Partial demolition of the ground floor, including the rear kitchen, bathroom, laundry, patio, and portions of the existing bedroom and external wall.  Partial demolition of the first floor, including the attic hatch, rear sections of the attic space, and some roofing.  Construction of a new ground floor bathroom, an open plan living, dining, and kitchen area, a staircase, and an external deck with landscaping.  The first floor will be extended to accommodate two new bedrooms, a bathroom, and a rear-facing balcony.  Pruning of two…

95. A rborists standards All tree work must be undertaken by a practicing Arborist. The work must be undertaken in accordance with AS4373—Pruning of amenity trees and the Safe Work Australia Code of Practice—Guide to Managing Risks of Tree Trimming and Removal Work. Any works in the vicinity of the Low Voltage Overhead Network (including service lines—pole to house connections) must be undertaken by an approved Network Service Provider contractor for the management of vegetation conflicting with such services. Contact the relevant Network Service Provider for further advice in this regard. Reason: To ensure compliance with legislative requirements.

109. No Weep Holes Prior to the issue of an Occupation Certificate, the Principal Certifier must be provided with evidence that no weep holes are present on raised planters or retaining walls located on the Mary Street and Edith Street footpaths. Prior to the issue of an Occupation Certificate, the Principal Certifier must be provided with evidence that any weep holes to Council road or footpath resulting from the building works have been removed. (amended under MOD/2025/0010) Amend Condition 89 as follows:

37. Project Arborist Prior to the commencement of any demolition or construction works within close proximity to protected trees a Project Arborist (a person holding a minimum Australian Qualification Framework (AQF) Level 5, Diploma of Arboriculture), must be engaged for the duration of the site preparation, demolition, construction and landscaping to supervise works. Details of the Project Arborist must be submitted to the Certifying Authority before work commences. Reason: To protect and retain trees.

35. Project Arborist Prior to the commencement of any demolition or construction works within close proximity to protected trees a Project Arborist (a person holding a minimum Australian Qualification Framework (AQF) Level 5, Diploma of Arboriculture), must be engaged for the duration of the site preparation, demolition, construction and landscaping to supervise works. Details of the Project Arborist must be submitted to the Certifying Authority before work commences. Reason: To protect and retain trees.

35. Excavation Methods to Limit Impacts to Trees Excavation for the installation of any services located beneath the canopy of any prescribed trees must utilise the thrust boring method. Thrust boring being carried out at least 600mm beneath natural ground level to minimise damage to tree/s root system with entry and exit pit locations approved by the Project Arborist. Reason: To mitigate the impact of the work on trees to be retained.

2. Proposal The proposed modifications include a reversal of the footings for the previously approved masonry boundary wall to relocate all footings within the property boundaries of 35 and 37 Premier Street. Additionally, the proposal seeks to remove one (1) Jacaranda mimosifolia (Jacaranda) from within the rear setback of 35 Premier Street and modify conditions relating to the protection and retention of this tree accordingly.

57. Project Arborist Certification Prior to the issue of an Occupation Certificate, the Certifying Authority is to be provided with certification from the Project Arborist that the requirements of the conditions of consent related to the landscape plan/approved tree planting plan and the role of the project arborist have been complied with. 25 Reason: To ensure the protection and ongoing health of trees to be retained.

55. Project Arborist Certification Prior to the issue of an Occupation Certificate, the Certifying Authority is to be provided with certification from the Project Arborist that the requirements of the conditions of consent related to the landscape plan/approved tree planting plan and the role of the project arborist have been complied with. Reason: To ensure the protection and ongoing health of trees to be retained.

83. P roject Arborist Prior to the commencement of any demolition or construction works within close proximity to protected trees a Project Arborist must be engaged for the duration of the site preparation, demolition, construction and landscaping to supervise works. Details of the Project Arborist must be submitted to the Certifying Authority before work commences. Reason: To protect and retain trees.

110. P roject Arborist Certification Prior to the issue of any Occupation Certificate, the Principal Certifier is to be provided with certification from the project arborist the requirements of the conditions of consent related to the landscape plan and the role of the project arborist have been complied with. Reason: To ensure the protection and ongoing health of trees to be retained.

18. T ree Pruning or Removal (including root pruning/mapping) Removal or pruning of any other tree (that would require consent of Council) on the site is not approved and must be retained and protected in accordance with Council’s Development Fact Sheet—Arborist Reports. Reason: To protect and retain trees.

23. Tree Protection Plan Prior to the issue of a Construction Certificate, The Certifying Authority must ensure the construction plans and specifications submitted fully satisfy the tree protection requirements identified in the TPP as approved by Council. Reason: To protect trees during construction.

38. Standard Street Tree Protection Prior to the commencement of any work, the Certifying Authority must be provided with details of the methods of protection of all street trees adjacent to the site during demolition and construction. Reason: To protect and retain trees.

96. T ree Protection Works All tree protection for the site must be undertaken in accordance with Council’s Development Fact Sheet—Trees on Development Sites and AS4970—Protection of trees on development sites. Reason: To protect and retain trees.

4. Background Subject Site Application Proposal Date & Decision TREE/2022/1088 Removal of Evergreen Alder 25/10/2022 Completed PDA/2025/0103 Alterations to an existing dwelling as 04/07/2025 Issued part of a multi-dwelling housing development