Multistar Pty Ltd v Sydney City Council

Multistar Pty Ltd v Sydney City Council - [1999] NSWLEC 205 - NSWLEC 1999 case summary — Zoe

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SCHEDULE 1A CONDITIONS Approved Development, Contributions and Covenants APPROVED DEVELOPMENT 1. Development generally must be in accordance with Development Application No. D1997-00078 dated 8 February 1999 and Statement of Environmental Effects prepared by Ingham Planning dated February 1999 pursuant to drawings numbered DA/00, DA01.1/E, DA01.2/E, DA02/E, DA03/E, DA04/E, DA05/E, DA06/E DA07/E, DA08/E, DA09/E, DA10/E, DA11/C, DA12/C, DA13/A, DA14/A, DA15/A, DA16/A, DA17/C, DA18/C, DA19/A, DA20/E, DA21/E, DA22/E, DA23/C, DA24/C, DA25/C, DA26/C, DA27/A prepared by Brewster Murray Pty Ltd dated February, July and April 1999 as amended where necessary to comply with the following conditions: FLOOR SPACE RATIO 2. The following applies to Floor Space Ratio:- (a) The Floor Space Ratio of the proposal must not exceed 11.97:1 calculated in accordance with the Central Sydney Local Environmental Plan 1996. For the purpose of the calculation of FSR, the Floor Space Area of the development is 109,087sqm. (b) Prior to issue of an Occupation Certificate under the Environmental Planning and Assessment Act 1979, a Registered Surveyor shall provide certification of the total and component Floor Space Areas (by use) in the development. To the satisfaction of the Principal Certifying Authority (PCA) (Council or a private accredited certifier). BUILDING HEIGHT 3. (a) The height of the building (as defined in the Dictionary in the Central Sydney Local Environmental Plan 1996) must not exceed RL 89.25m (AHD). (b) Prior to issue of an Occupation Certificate under Environmental Planning and Assessment Act 1979, a Registered Surveyor shall provide certification of the height of the building, to the satisfaction of the Principal Certifying Authority (PCA) (Council or a private accredited certifier). EXISTING EASEMENTS AND RIGHTS OF WAY 4. The development is subject to the existing easements and rights of way which exist in favour of the property known as 1A Napoleon Street being Lot 41 in Deposited Plan 812647. Prior to the commencement of construction the applicant will consult with the owner of 1A Napoleon Street to ensure that privacy issues are resolved to the satisfaction of the owner of 1A Napoleon Street. Prior to the commencement of construction the applicant will inform the Council of any such issues raised, and the manner in which they have been resolved. REAL PROPERTY SUBDIVISION 5. Any proposal to undertake a Real Property subdivision of the site will require a separate application to Council to obtain Development Consent for the proposal and a subsequent application to obtain a Subdivision Certificate in accordance with Part 4A of the Environmental Planning and Assessment Act 1979 as amended. STRATA SUBDIVIDE PART OF THE BUILDING 6. Any proposal to Strata subdivide part of the building is to be undertaken in accordance with the provisions of the Strata Schemes (Part Strata) Amendment Act 1992 and will require a separate application to Council to obtain Development Consent for the stratum subdivision of the site and building, approval and endorsement of the Plan of (Stratum) Subdivision pursuant to Part 4A of the Environmental Planning and Assessment Act 1979 as amended and subsequent approval and endorsement of the Strata Plan in accordance with Section 37 of the Strata Schemes (Freehold Development) Act 1973. PROJECTING AWNING 7. The proposed residential lobby entry awning over the Kent Street public footway is to comply with Council's requirements and to not extend within 0.6m of the kerb in that street. SECTION 61 CONTRIBUTION 8. A contribution under Section 61 of the City of Sydney Act 1988 shall be paid in accordance with the following: (a) Cash Contribution Required (b) In accordance with the adopted "Central Sydney Contributions Plan 1997" a cash contribution must be paid to Council in accordance with this condition. (c) Payment shall be by bank cheque made payable to the City of Sydney. (d) Amount of Contribution (e) The amount of the contribution will be equivalent to 1% of the development cost, at the Construction Certificate stage, as determined in accordance with the "Central Sydney Contributions Plan 1997" . (f) Certification of the calculation of the contribution in accordance with the "Central Sydney Contribution Plan 1997" shall be submitted for the approval of Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. (g) For the developments over $2 million in cost, the certification of the building costs must be prepared by a Registered Quantity Surveyor. (h) Timing of Payment (i) The contribution must be paid prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. DEMOLITION/SITE RECTIFICATION 9. The following conditions apply to the development:- (a) Demolition or excavation must not commence until a Construction Certificate has been issued under the Environmental Planning and Assessment Act 1979 for construction of the substantive building. (b) Prior to issue of the Construction Certificate, documentary evidence must be provided to Council that the owner of the site has entered into a Deed with Council, the cost of preparation and execution of such Deed (including stamp duty and registration fees) to be borne by the applicant, which contains such conditions as the General Manager of the Council reasonably requires to ensure the matters set out in this condition are adequately provided for. (c) Without limiting the generality of paragraph (b), the Deed must provide for:- (i) a bank guarantee to be provided in the sum of $2million dollars as security for the costs of such works provided that:- a. the maximum liability under the Deed shall not exceed $2 million dollars; and b. the Council may accept a lesser amount as security if substantiated by detailed design and costing for works which meet the objectives of the condition. (ii) Council to be given sufficient contractual rights to be able to ensure that in any of the following events namely: a. demolition of the existing building has commenced but not been completed; b. the existing building has been demolished; or c. the site has been excavated; or d. the structure has commenced to be erected; (iii) that it, or any person authorised by it, may enter the site and carry out such works at the cost of the applicant (or such other person as the consent authority may approve) as may be then appropriate in the circumstances in each of the above mentioned events, to: a. make the building safe and attractive at ground level; b. allow the ground level to be landscaped and made attractive from any public vantage point; or c. for the hole to be covered to allow it to be landscaped and made attractive from any public vantage point; or d. in the event that the new building is constructed beyond the ground floor, to allow any hoardings to be removed and the ground floor development to be completed to a tenantable stage; (iv) AND to call on such bank guarantee to cover the cost thereof. (d) If the site is commenced to be developed and there is suspension in activity for 6 months (or suspensions of activity which in the aggregate exceed 6 months), resulting in an unattractive building site appearance, then the Council will have the readily enforceable rights to: (i) require certain works including but not limited to those works necessary to achieve the results referred to in sub-clause (c) (iii)(a) - (d) to take place on the site; and (ii) in the event of default, shall have the right to enter and carry out these works and to call upon security in the nature of a bank guarantee to cover the cost of the works. CONSTRUCTION IN SUSSEX LANE 10. Detailed formation and drainage works engineering plans for the construction of the Sussex Lane pedestrian walkway from Sussex Street to Kent Street are to be submitted to Council and approval gained prior to the commencement of any associated work. Such plans are to include: (a) Geometric and hydraulic design and specifications of all associated stormwater drainage within the site and any connections into and deviations of Council's existing street drainage system. (b) Footway formation design, materials and construction specifications including associated paving, steps, lighting and any other proposed structures or street furniture. (c) Location and levels of all existing and proposed services and any alterations or deviations of existing services. All proposed works are to be designed and constructed in accordance with Council's standards and requirements and AUS-SPEC #1 specifications. The submission to Council is to include: (i) The detailed engineering design and construction plans in duplicate and a Certification Form prepared and signed by an appropriately qualified practising Civil engineer. (ii) The certification repeated for each revision issued to Council. (iii) The nomination of an appropriately qualified practising engineer who is to supervise construction and certify that upon completion, all works including construction procedures comply with the certified plans and specifications. 11. Upon completion of all proposed work within Sussex Lane associated with the construction of the public pedestrian thoroughfare from Kent Street to Sussex Street, undertaken in accordance with Council's requirements and to Council's satisfaction, that part of the Lane not vested in Council, referred to as the "Sussex Lane Extension" in the Contract for Sale of the development site dated 24 November 1997, is to be transferred in fee simple to the Council in accordance with the requirements of that contract. 12. The owners of the site are to dedicate to the public for road purposes, free of cost to Council, a 2.5m x 2.5m splay at the intersection of Kent Street and Napoleon Street, limited in stratum to a depth of the basement concrete car parking structure below and unlimited in height and on the understanding that the affected land will be available for the calculation of the floor area of the building. VEHICULAR SPACES 13. The following car parking requirements apply:- The approved vehicle spaces shall be allocated on the development site as follows: (a) 414 residential spaces. (b) 17 business/commercial premises spaces. (c) 15 service vehicle spaces are to be provided in accordance with Cl.5.4 of Central Sydney DCP 1996. (d) 5 motor cycle parking spaces. (e) 25 spaces for cycle racks or equivalent cycle storage area. A room containing a shower and change area must be provided close to the cycle racks. (f) 2 car wash bays with appropriate plumbing and drainage. (g) 18 of the above car parking spaces are to be for people with mobility impairment, in accordance with AS 2890.1. (h) All spaces must be allocated and marked according to the requirement of this condition. (i) If the development is to be strata subdivided, the car park layout must respect the above allocation. RESTRICTION ON CAR PARKING FOR RESIDENTIAL DEVELOPMENT 14. The following restriction applies to buildings approved for residential use: (a) The accommodation portion of the building must be used as permanent residential accommodation only and not for the purpose of a hotel, motel, serviced apartments, private hotel, boarding house, tourist accommodation or the like, other than in accordance with the Central Sydney Local Environmental Plan 1996. (b) All approved residential units in the building must be either owner occupied or occupied by a tenant with a residential lease under the Residential Tenancy Act 1987. A certificate signed by the owner or the body corporate (if the development is strata subdivided) or a solicitor (holding a current certificate to practice), must be forwarded to Council within 12 months of the completion of the development, and every 12 months thereafter, certifying that all units approved in the residential building are either owner occupied or are subject to residential leases under the Residential Tenancy Act 1987. (c) A restrictive covenant is to be created pursuant to Section 88E of the Conveyancing Act, 1919, restricting any change of use from residential as defined in the Central Sydney Local Environmental Plan 1996. The covenant is to be executed prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979 to the satisfaction of the certifying authority (Council or a private accredited certifier). All costs of the preparation and registration of all associated documentation is to be borne by the applicant. RESTRICTIONS ON CAR PARKING FOR COMMERCIAL AND RETAIL DEVELOPMENT 15. The following conditions apply to buildings approved for commercial and retail car parking: (a) The on-site tenant car parking spaces, exclusive of service car spaces, are not to be used by those other than an occupant or tenant of the subject building. Any occupant, tenant, lessee or registered proprietor of the development site or part thereof shall not enter into an agreement to lease, license or transfer ownership of any car parking spaces to those other than an occupant or tenant of the building. (b) Prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979 a documentary Restrictive Covenant, is to be registered on the Title of the development site pursuant to Section 88E of the Conveyancing Act 1919, to the effect of (a) above. The Covenant is to be created appurtenant to Council, at no cost to and to the satisfaction of Council. (c) Any future strata subdivision of the site is to include a Restriction on User pursuant to Section 39 of the Strata Titles (Freehold Development) Act, 1973 as amended, so burdening all utility car parking allotments in the Strata Plan and/or an appropriate Restrictive Covenant pursuant to Section 88B of the Conveyancing Act 1919 burdening all car parking part - lots in the Strata Scheme. 16. Any public car park must operate as a short stay car parking station only, as defined in Central Sydney DCP 1996, namely subject to the following conditions: (a) not more than 650 spaces are to be provided. (b) the public car park is not to be accessible to vehicles between 5.30am and 9.30am on weekdays. Hours of access are unrestricted on weekends and public holidays. (c) the following fee structure will apply, which is the hourly rate determined by the car parking operator:- Duration Charge per Hour $ 1st hour N 2nd hour N 3rd hour N 4th hour N 5th hour > = 1.5N 6th hour > = 1.5N 7th hour > = 1.5N each hour thereafter > = 1.5N 17. No person shall park in the building except those working in the building, or those parking in the building on a short term casual basis paying the tariff referred to in Conditions 14 and 15. 18. Parking in areas other than designated car spaces is prohibited.

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ARCHAEOLOGICAL INVESTIGATION 19. (a) The applicant must apply to the Heritage Office for an excavation permit under Section 140 of the Heritage Act 1977. (b) Should any potential archaeological deposit likely to contain Aboriginal artefacts be identified during the planning or historical assessment stage, application be made by a suitably qualified archaeologist to the National Parks and Wildlife Service (NPWS) for an excavation permit for Aboriginal relics. (c) The applicant shall comply with the conditions and requirements of any excavation permit, and ensure that allowance for compliance with these conditions and requirements are provided for in the development program. (d) General bulk excavation of the site is not to commence prior to compliance with the conditions and requirements of any excavation permit required. (e) Should any historical relics be unexpectedly discovered in any areas of the site not subject to an excavation permit, then all excavation or disturbance to the area is to stop immediately and the Heritage Council of NSW should be informed in accordance with section 146 of the Heritage Act 1977. (f) Should any Aboriginal relics be unexpectedly discovered in any areas of the site not subject to an excavation permit, then all excavation or disturbance of the area is to stop immediately and the (NPWS) is to be informed in accordance with Section 91 of the National Parks and Wildlife Act, 1974. 20. The applicant must submit a report outlining the results of the archaeological investigation and/or excavation to the Director City Development prior to the release of the Construction Certificate. REPORTS TO BE COMPLIED WITH 21. Prior to the issue of a Construction Certificate, the applicant must submit to the Council evidence of a wind tunnel test of the proposed development (in the form represented by the plans referred to in condition 1) undertaken to determine: (a) the effects of the proposed development on the wind speeds at the locations identified in the Wind Impact Study prepared by Vipac Engineers and Scientists Limited dated September 1998; and (b) the type and location of ameliorative measures to be incorporated into the design of the proposed development to ensure wind conditions at those locations are in accordance with Central Sydney DCP 1996. The ameliorative measures proposed shall be incorporated into the design of the proposed development, subject to the reasonable satisfaction of Council. 22. The development shall be in accordance with the recommendations of the Noise Impact Assessment Report prepared by Acoustic Logic Consultancy Pty Ltd dated July 1999. 23. The development shall be in accordance with the recommendations of the Energy Conservation report prepared by Vipac Engineers and Scientists Limited dated February 1999. 24. The development shall be in accordance with the recommendations of the Reflectivity report prepared by Vipac Engineers and Scientists Limited dated February and August 1999. 25. The remediation of the site shall be in accordance with the recommendations of the Contamination report prepared by Golder Associates dated February 1999. REMOVAL OF GRAFFITI 26. The owner/manager of the site shall be responsible for the removal of all graffiti from the building within 48 hours of its application. RECEIVING DEVICE 27. For each form of transmitter, there shall be only one common receiving device installed on each tower. EXTERNAL LIGHTING 28. A separate development application is required to be lodged for any proposed external floodlighting or illumination of the building. Such application shall be submitted and approved by Council prior to the installation of any external lighting. 29. Any proposed naming of the development which intends to incorporate the name of a city street, park or place, is subject to the separate approval of Council. 30. A separate development application must be submitted at the appropriate time for the specific use of each non-residential tenancy. NOISE 31. The use of the premises must not give rise to any one or more of the following: (a) Transmission of vibration to any place of different occupancy greater than specified in AS 2670. (b) An indoor sound pressure level in any place of different occupancy (and/or public place) greater than 3dB above the L90 background level in any octave band from 31.5 Hz to 8,000 Hz centre frequencies inclusive between the hours of 8.00 am to 10.00 pm daily and 0dB above the L90 background between 10.00 pm and 8.00 am the following morning. However, when the L90 background levels in frequencies below 63 Hz are equal to or below the threshold of hearing, as specified by the equal loudness contours for octave bands of noise, this sub-clause does not apply to any such frequencies. (c) A sound level at any point on the boundary of the site greater than the background levels specified in Australian Standard 1055. "Acoustics - Description and Measurement of Environmental Noise". (d) An "offensive noise" as defined in the Noise Control Act 1975. (e) The emission into the surrounding environment of gases, vapours, dust, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health. 32. The method of measurement of vibration in (a) and sound levels in (b), (c) and (d) must be carried out in accordance with AS 2973 for vibration measurements. AS 1055 for outdoor sound level measurements, and AS 2107 for indoor sound level measurements. CARE OF BUILDING SURROUNDS 33. In addition to Council's daily street sweeping and cleansing operations, the owner/manager of the building shall ensure that the forecourt and the surrounds of the building including pavements and gutters are to be kept clean and free of litter at all times. WINDOW CLEANING 34. The owner/manager of the building shall ensure that all windows on the façade of the building are cleaned regularly and, in any event, not less than annually. SIGNS 35. A separate development application for any proposed signs which are either externally fitted or applied must be submitted for the approval of Council prior to the erection or display of any such signs. 36. No sign or advertising structures shall be placed on the Architectural Roof Feature on any of the Towers A, B, or C of the subject of the subject development. SCHEDULE 1B CONDITIONS TO BE COMPLIED WITH PRIOR TO THE ISSUE OF CONSTRUCTION CERTIFICATE TO THE SATISFACTION OF THE CERTIFYNG AUTHORITY APPROVED DESIGN 37. The approved design (including an element or detail of that design) or materials, finish or colours of the building must not be changed so as to affect the internal layout or external appearance of the building, without the approval of Council . 38. The finishes of the commercial building adjoining Moreton's Hotel on Sussex Street shall be in accordance with the Materials Board, Exhibit W. 39. The finishes of the Podium and Towers shall be in accordance with the Materials Board, Exhibit X, except that there shall be no granosite utilised on any external surface of the building, such material to be replaced with an alternative material of similar colour to the granosite finish shown on Exhibit X to the reasonable satisfaction of the Council. STORAGE 40. Storage for residential units shall be provided in accordance with clauses 6.1.22 of Central Sydney DCP 1996. HERITAGE 41. Appropriate strategies shall be developed to interpret the heritage significance of the adjacent heritage items, particularly addressing the setting of the Erskine Street terraces through means such as interpretive plaques, public art, reused elements of demolished buildings, and laneway materials. To this effect, the street kerbing and gutters from the N-S leg of Sussex Lane shall be salvaged and reused in the eastern extension to Sussex Lane. PUBLIC ART 42. High quality art work shall be provided within the development in publicly accessible locations eg. near main entrances, lobbies and street frontages, in accordance with the Central Sydney DCP 1996 and the 'Public Art Policy'. Details of the art work must be submitted for the approval of Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. LANDSCAPING OF THE SITE 43. The site must be landscaped and maintained to the approval of Council. A detailed landscape plan, to scale, drawn by a landscape architect or approved landscape consultant, must be lodged and approved by Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. The plan must include: (a) Location of existing and proposed structures on the site including existing trees (if applicable); (b) Details of earthworks including mounding and retaining walls and planter boxes (if applicable); (c) Location, numbers and type of plant species; (d) Details of planting procedure and maintenance; (e) Details of drainage and watering systems; 44. Special attention must be paid to the treatment of landscaping above a slab. PUBLIC DOMAIN PLAN 45. The following requirements apply:- (a) Three copies of a detailed Public Domain Plan shall be prepared by an architect, urban designer or landscape architect and shall be approved by Council (to be lodged with the Public Domain Officer at City Projects) prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. It is recommended that draft plans should be submitted for comment prior to formal submission for approval. (b) The Public Domain Plan shall be as follows:- (i) Drawn at 1:100 scale. (ii) Show the entire layout of flagstone paving where this paving is required. (iii) Nominate the location, type and material of all existing and proposed public pavement elements including trees, paving, kerbs and gutters, pedestrian ramps, vehicle crossings, street furniture, utility poles, parking meters, pedestrian and traffic signals, service pits and stormwater pits. (iv) Include a longitudinal section of the pavement showing existing and proposed levels at 10 metre intervals at the building alignment, the kerb and the gutter on a common datum line. This longitudinal section is to be drawn at 1:100 horizontal scale and 1:10 (exaggerated) vertical scale. This section is to ensure that any significant longitudinal gradient change, such as flattening for vehicle entries, occurs within the building line and not at the public pavement. (v) Include 1:50 scale cross sections through pedestrian ramps and vehicle crossings. (vi) Include specifications of the proposed works. (c) The Public Domain Plan shall comply with the specifications and details of the Central Sydney Paving Design Policy 1996 and Council's Specifications and the Central Sydney Street Tree Policy 1994. (d) The Public Domain Plan shall incorporate the standard specifications and detail of the Central Sydney Paving Design Policy 1996 and Council's Specifications adapted to suit the specific site requirements as advised by the Public Domain Officer and may include:- (i) Adjustment to paving grades to provide a maximum crossfall of 2.5% from building line to top of kerb. (ii) Repaving in accordance with Central Sydney Paving Design Policy 1996 and Council's Specifications. (iii) The relocation or provision of new vehicle crossovers and pedestrian ramps including the consequent relocation of existing service pits, traffic signals, kerb corner radii, signs, street furniture and street trees. (iv) The retention of existing street trees and the provision of new street trees to comply with the Central Sydney Street Tree Policy 1994. (v) The repair and where required the resetting of all stone kerbing to 150mm above the gutter height and the replacement of concrete kerbing with stone kerbing. Where adjustments require substantial kerb and gutter demolition, the carriageway shall be reconstructed to the centre line of the carriageway. (vi) The retention and repair of any existing pavement lights. (vii) The retention and repair of any existing serviceable stone gutters. (viii) The realignment and level adjustment of service pit lids to correspond to new kerb ramps and paving. New service pit lids in flagstone paving to be infill type, with stone infill to match stone paving surrounds. New service pit lids in asphalt paving to be infill type, with cement mortar infill coloured to match adjoining asphalt. (e) No parts of the work are to be considered approved until receipt of the City of Sydney letter of approval. The City of Sydney will require all non complying parts to be rectified prior to issue of this letter. CONDITIONS REQUIRED BY THE SRDAC . 46. The RTA needs to retain an absolute right of access to all parts of the RTA infrastructure in the area, namely the Western Distributor viaducts and supporting sub-structure. No permanent infrastructure is to be constructed by the developer within 2 metres of the surface of any part of the Authority's structures. The RTA will retain an easement over the 2 metre envelope around its structure that will allow its plant to provide access to the RTA structure at any time. 47. Prior to the undertaking of any temporary works within 2 metres of the Authority's structures, the RTA is to be supplied with a complete description of the proposal and obtain the concurrence of the Authority's Asset Management Manager in the Sydney's Operations Directorate. 48. The RTA proposes to widen the Western Distributor viaduct by up to 7metres on the western face between 1/1/2001 and 31/12/2001 The developer is not to undertake any construction or demolition works within 20 metres of the viaducts during this period without the concurrence of the RTA. Prior to the issue of a Construction Certificate evidence is to be provided to Council that the proposed development is clear of the RTA's road widening requirements for the Western Distributor. 49. The stub viaduct structure under the main viaduct is to retain its public road status and provide access to vehicle and pedestrians as permitted by the RTA. 50. The developer's structure are to be designed to provide noise insulation to a degree that removes the need for the RTA to provide noise barriers on the adjacent viaducts. 51. The developer's structures are to be designed to provide fire protection and exhaust systems such that heat, smoke and exhaust from the developer's work does not endanger the RTA structures and vehicles on the structures. 52. All external glass on the developers structures are to be and have a reflectivity such that motorists on the viaduct shall not be blinded or disabled by the glare from maintaining control of the vehicles being driven. 53. The developer's structures are to be designed to prevent the spread of fire from the development to the existing structure and its road space . A qualified engineer's certificate is required. 54. The developer's structures are to be designed are to prevent spread any falling object hazards from the development onto the road space. 55. The residential parking component is to be completely separated from other parking by means of security roller doors or similar. ELECTRICITY SUBSTATION 56. The owner must dedicate to Energy Australia, free of cost, an area of land adjoining the street alignment to enable an electricity substation to be established. The size and location of the substation is to be submitted for Council approval prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. TELSTRA CONSULTATION 57. Prior to the issue of a Construction Certificate, the applicant must submit to the Council evidence of consultation having taken place with Telstra in relation to the impact of the development on the radio communication systems at the Telstra Exchange at 97-105 Clarence Street . PUBLIC TELEPHONES 58. The owner/s must provide, free of cost, an area for the installation of public telephones. The area must be furnished with two public telephones (similar to the Telstra Blue Phone) in consultation with the applicant's preferred provider, but must be located at footpath level and must provide two square metres for each telephone. At least one telephone must be accessible for use by persons with a disability. The telephones must be available for public use during the normal opening hours of the building. Details shall be approved by the Certifying Authority prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. PHOTOGRAPHIC ARCHIVAL DOCUMENTATION 59. Prior to the removal of any significant building fabric or furnishings from the site, and prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979, the applicant is required to submit the following to Council , for deposit in the City of Sydney Archives:- (a) Photographic documentation of the site and its context, and the exteriors and interiors of the existing building(s), photographed where appropriate, using a camera/lens capable of 'perspective correction', comprising: (i) 35mm colour slides, numbered and referenced to the site and building plans, and presented in archival quality storage sheets; (ii) 35mm or 120mm black and white film, numbered and referenced to the site and building plans, with negatives developed to archival standards, and 2 copies of contact sheets printed on fibre-based paper to archival standards; (iii) selective black and white enlargements to be advised by Council , printed on fibre-based paper to archival standards to a minimum size of 20cm x 25cm, illustrating the location and context of the site/building, the relationship of adjacent buildings, building elevations, and important interior and exterior architectural spaces and features of the building/site; (iv) A summary report of the photographic documentation, detailing; a. the project description, method of documentation, and any limitations of the photographic record; and b. photographic catalogue sheets, which are referenced to a site plan and floor plans no larger than A3, and indicating the location and direction of all photos (black & white prints and slides) taken. (v) Written confirmation that the Council reserves the right to use the photographs for its own purposes and for genuine research purposes. Documentation shall be submitted to Council for lodging with the City of Sydney Archives, prior to the commencement of the removal of any building fabric or any demolition at the site. MODEL 60. Prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979, two accurate 1:500 scale models of the approved development must be submitted to Council (one for the City Model and one for the City's Exhibition Space). (a) The models are to comply with all of the conditions of the Development Consent. Council's model maker should be consulted prior to construction of the model. (b) The models must be amended to repeat any further approvals under S96(2) of the Environmental Planning and Assessment Act 1979, that affect the external appearance of the building. NOISE REDUCTION 61. Prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979, an acoustic assessment report must be submitted to and approved by Council or the private accredited certifying authority addressing the requirements of the Central Sydney DCP 1996 Amendment No.5 Internal Residential Amenity. The approved drawings and specifications for construction are to be in accordance with the following: (a) The report shall indicate measures to preserve the amenity for residents/apartment users such that the repeatable L Aeq (1 hour) level will not exceed the following levels:- (i) In a naturally ventilated - windows closed condition: a. Sleeping areas (night time only: 2200-0700) 35dB b. Living areas (24 hours) 45dB (ii) In a naturally ventilated - windows open condition, (ie windows open up to 5% of the floor area, or attenuated natural ventilation open to 5% of the floor area): a. Sleeping areas (night time only: 2200-0700) 45dB b. Living areas (24 hours) 55dB (iii) Where naturally ventilated - windows open conditions cannot be achieved, it is necessary to incorporate mechanical ventilation or air conditioning. (iv) The following repeatable maximum L Aeq (1 hour) levels shall not be exceeded when doors and windows are shut and mechanical ventilation or air conditioning is operating. These levels correspond to the combined measured level of external sources and the ventilation system operating normally:- a. Sleeping areas (night time only: 2200-0700) 38dB b. Living areas (24 hours) 46dB (b) In the preparation of the report: (i) The environmental noise monitoring at the site of the proposed development shall be undertaken for not less than 3 week days, or not less than 2 weeks where the site is affected by noise from part-time operations; (ii) The repeatable maximum L Aeq (1 hour) for the daytime period (0700-2200 hours) and for the night time period (2200-0700 hours) is to be identified, and (iii) The L Aeq (1 hour) noise levels within living rooms and bedrooms with windows and doors both open and closed shall be shown. (c) All residential buildings and serviced apartments are to be designed and constructed in accordance with the above criteria. The completed work must comply with the above conditions prior to issuing an Occupation Certificate (see condition in Schedule E of this consent). SYDNEY WATER CERTIFICATE 62. An application must be made to Sydney Water for a Certificate under Part 6, Division 9, Section 73 of the Water Board (Corporatisation) Act 1994 (Compliance Certificate). Evidence that a Compliance Certificate has been obtained is to be produced prior to issue of Construction Certificate under the Environmental Planning and Assessment Act 1979. 63. Contact Sydney Water, Central Region, Rockdale (Urban Development Section). ACCESS FOR PEOPLE WITH DISABILITIES 64. Access for people with disabilities shall be provided in accordance with Part D3 of the Building Code of Australia and Council's Access Policy. Prior to issue of a Construction Certificate under Environmental Planning and Assessment Act 1979, a certificate certifying compliance with this condition OR a Compliance Certificate (Form 10 Environmental Planning and Assessment Act Regulation 1998) must be provided, and copy submitted to Council. PROVISON OF SMARTPOLES™ 65. The applicant shall pay the cost of installation of smartpoles™ in the public way adjacent to the development, to the requirements of Council. The details of the location of the smartpoles™ must be submitted for the approval of Council , prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. TELECOMMUNICATIONS CARRIERS 66. Appropriate access to the building shall be provided for up to three telecommunications carriers. Details shall be submitted to and approved by the Certifying Authority provided prior to issue of a Construction Certificate under Environmental Planning and Assessment Act 1979. AWNINGS 67. The awning/canopy must comply with the Draft City of Sydney Awnings Policy 1998. PAVING MATERIALS 68. The surface of any material used or proposed to be used for the paving of colonnades, thoroughfares, plazas, arcades and the like which are used by the public must comply with AS/NZS 3661.1:1993 "Slip Resistance of Pedestrian Surfaces Part 1: Requirements", Appendices A and B. ACCESS FOR PERSONS WITH A DISABILITY 69. Access to the unit(s) designated for persons with disabilities shall be designed so as to allow for future fit out in accordance with AS 1428.1 - 1993 "Design for Access and Mobility" and shall be in accordance with the requirements of "The City of Sydney Access Policy December 1992". UNDER AWNING LIGHTING 70. The awning shall be provided with lighting to ensure pedestrian safety. Such lighting shall be at a minimum level of 10 lux in the horizontal and vertical plane. Details of the lighting is to be submitted for the approval of Council prior to issue of the Construction Certificate under the Environmental Planning and Assessment Act 1979. CAR PARK ENTRY FINISH 71. Car park roller doors shall be designed and constructed for quiet operation. 72. All areas traversed by service vehicles and refuse collection vehicles are to provide a minimum height clearance of 3.6 metres and all areas traversed by cars are to provide a minimum height clearance of 2.2 metres. 73. The proposed vehicle access ramps are to provide a maximum grade of 1 in 15 for the first 4 metres from the alignment, thence a maximum of 1 in 6 without transition or 1 in 8 with a transition of 1 in 12 for 4 metres at the opposite end of the ramp. 74. "Stop" signs are to be installed and maintained at the vehicle egress points within the building to compel vehicles to stop before progressing onto the public way. 75. The Loading Dock is to be redesigned to Council's satisfaction to provide separate garbage rooms for the residential and commercial/retail components of the development, in accordance with the provisions of the Code for Waste Handling in Buildings 1994, in order to facilitate independent storage and collection of residential refuse by Council's domestic waste service CAR PARK AND SERVICE VEHICLE LAYOUT 76. (a) The layout plan of the car park is to be in accordance with Australian Standard AS 2890.1 - 1993 "Parking Facilities Part 1: Off Street Car Parking". All parking spaces are to be linemarked. (b) The layout of the service vehicle areas is to comply with Australian Standard AS 2890.2 - 1989 "Off Street Parking Park 2 - Commercial Vehicles Facilities". (c) The details shall be submitted to and approved by the certifying authority prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. 77. The internal layout and signing arrangements etc for the public car park shall comply also with Part 6 Division 1 of the Local Government (Approval) Regulation 1993). 78. The details of any public Car Park Roadways shall be submitted to RTA for approval as part of any required traffic signals installation in Sussex Street. Funding arrangements for any required signal installation works shall also be agreed with RTA. 79. In the event that the implementation of the traffic signals proposal is deleted/delayed, the applicant shall submit amended design to the satisfaction of the Director. The amended design shall include the construction of vehicular cross-over instead of roadways and the installation of a right-turn bay in Sussex Street for the northbound traffic. 80. The existing median island in Sussex Street shall be extended northward across the driveway for the loading dock to prevent northbound traffic from turning right into the loading dock. 81. Each pair of stacked parking spaces shall be assigned to the same tenant. 82. The width of the public car park entry driveway off Kent Street shall be narrowed to 4m for single lane entry 83. All traffic management measures associated with the development shall be submitted to the Sydney Traffic Committee for its approval. All costs of such measures, if approved, shall be borne by the developer. STORMWATER AND DRAINAGE 84. The following stormwater details shall be submitted:- (a) Details of the proposed stormwater disposal and drainage of the development are to be submitted for approval by Council prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. All approved details for the disposal of stormwater and drainage are to be implemented in the development. (b) Any proposed connection to Council's underground drainage system will require the owner to enter into a deed of Agreement with Council and obtain registration on Title of a Positive Covenant prior to the commencement of any work within the public way, at no cost to Council. (c) The requirements of Sydney Water (currently the Urban Development Central East Group, Rockdale Regional Office) with regard to the on site detention of stormwater must be ascertained and complied with. Evidence of the approval of Sydney Water to the on-site detention must be submitted prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. PUBLIC UTILITY SERVICES 85. To ensure that public utility authorities are advised of the development: (a) A survey is to be carried out of all utility services within the site including relevant information from public utility authorities and excavation if necessary, to determine the position and level of services. (b) The applicant is to negotiate with the public authorities (eg Energy Australia, Sydney Water, Telstra Australia, in connection with the relocation and/or adjustment of the services affected by the construction of the underground structure. Any costs in the relocation, adjustment or support of services are to be the responsibility of the developer. (c) Documentary evidence is to be submitted to and approved by the Certifying Authority confirming that all of their requirements have been satisfied, prior to issue of a Construction Certificate under Environmental Planning and Assessment Act 1979. ALIGNMENT LEVELS 86. The following shall be submitted to Council :- (a) A separate application including footpath alignment levels must be submitted for approval for the design of the building. (b) Such application must be accompanied by a plan prepared by a Registered Surveyor showing the existing location, size and levels (AHD) of all service covers, trees, poles and street furniture, kerb, gutter and alignment levels at 10m cross/sections, alignment levels at proposed and existing vehicular and/or pedestrian entrances within the footway adjacent to and extending 20 metres past either side of the site. (c) These levels as approved by Council are then to be incorporated into the plans submitted with the Application for a Construction Certificate. 87. The following requirements apply to storage and waste handling: (a) The design of the building and the methods of storage and handling of waste and recyclable material must comply with Council's Code for Waste Handling in Buildings (adopted 17 October 1994). The Code requires the submission of a Waste Management Plan, except for minor partition work (Annexure "A" of the Code). (b) Certification of compliance with the design and constructional requirements of the Code including the associated Waste Management Plans and with the Conditions of Development Application consent relating to waste must be submitted to and approved by the Certifying Authority prior to issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979. Such Certification must be given by the Architect or other appropriately qualified person experienced in Waste Handling Design and Environmental Management. (c) The Certified Plans and Specifications must address compliance with the Waste Code including details of the following, where applicable:- (i) The location, design and construction of the garbage room, recycling rooms, bin washing areas and collection areas. (ii) The natural or mechanical ventilation, in accordance with the Building Code of Australia and Australian Standard 1668. (iii) The location and design of any garbage chutes or compaction units required by Council's Code. (iv) The proximity of waste handling facilities to commercial food areas or loading docks, with a view to avoiding cross contamination. Certification will also be required on completion of the building, prior to issue of a Certificate. 88. The following provisions apply to recycling areas: (a) The building design must incorporate separate garbage rooms constructed in accordance with Council's Code, for the separation of commercial waste from residential waste, including recyclable materials. (b) The building must not incorporate design features which will allow waste to be minimised and managed within each individual unit or office, on each floor of the building, and within the garbage/recycling storage and collection area. (c) The building design must allow easy access to the garbage and recycling areas by residents and tenants, but prevent their use by non-residents/tenants. 89. A complying garbage chute is required in all residential developments (Class 2) greater than 3 storeys in height. A chute and compactor is required if the building is greater than 25 metres in effective height. 90. The proposal is meet the requirements of a type A Construction. 91. Fire isolated stairs do not fully comply with Treads and Risers requirements of the BCA and are required to be redesigned to comply. DESIGN OF FOOD PREMISES 92. (a) All parts of the premises to be used for or in connection with the delivery, storage, preparation or service of food or beverages must be designed, constructed and have facilities which comply with the National Code for the Construction and Fitout of Food Premises, the Food Act 1989, and the Food (General) Regulation 1997. The premises must be ventilated in accordance with the Building Code of Australia and Council's Ventilation Code. (b) Plans and specifications of the design together with Certification of Design, must be submitted to the satisfaction of either : (i) the Certifying Authority with the construction certificate application, ie. (ii) *an Environmental Planning and Assessment Regulation 1994 Form 10 Compliance Certificate; or (iii) *Certification signed by an Architect or other persons appropriately qualified and experienced in the design, codes and legislative provisions for food premises, when the Certifying Authority is the Council, OR (iv) the Principal Certifying Authority prior to the commencement of the work, ie. (v) *an Environmental Planning and Assessment Regulation 1994 Form 10 Compliance Certificate ; or (vi) *Certification signed by an Architect or other persons appropriately qualified and experienced in the design, codes and legislative provisions for food premises, when the Principal Certifying Authority is the Council. (c) Separate Certification is required for all new or altered Mechanical Ventilation systems, compliance with Councils Code for Waste Handling in Buildings and for major food areas, hotels, food courts and similar establishments. SANITARY FACILITIES 93. Sanitary and other facilities must be provided in accordance with the Building Code of Australia, Part F2. SCHEDULE 1C CONDITIONS CONDITIONS TO BE COMPLIED WITH PRIOR TO COMMENCEMENT OF CONSTRUCTION OR DEMOLITION WORK TO THE SATISFACTION OF THE PRINCIPAL CERTIFYING AUTHORITY WASTE MANAGEMENT 94. (a) A Waste Management Plan for the construction period of the proposed development must be submitted to the satisfaction of the Principal Certifying Authority before commencement of work on the site . (b) Certification that the plan is in accordance with the Development Approval Conditions, Council's Code for Waste Handling in Buildings and the Waste Minimisation and Management Act 1995, must be submitted to the satisfaction of the Principal Certifying Authority. Such Certification must be submitted by the Architect or other appropriately qualified person experienced in Waste Handling Design and Environmental Management. (c) The Waste Management Plan must address demolition, excavation and construction of the premises, as applicable. The plan must describe procedures by which waste will be minimised, managed and recycled and must address the following issues: (i) Compliance with the requirements set out in Annexure ("A") of the Code for Waste Handling in Buildings adopted by Council 17 October 1994. (ii) Details of recycling and the removal of spoil and rubbish from the site in the course of demolition, excavation and construction operations including: a. Type and quantities of material expected from demolition and excavation; b. Name and address of transport company; c. Address of proposed site of disposal; d. Name/address of company/organisation accepting material; e. Types and quantities of materials that are to be reused or recycled, on and off site and procedures involved; f. Name of company/contractor undertaking on and off site reuse and recycling, and address of recycling outlet; g. Material for disposal and justification of disposal. (iii) If details of items (ii) to (vii) are not known at the time of preparation of the Waste Management Plan, the information must be supplied immediately after the letting of the contacts. (d) All requirements of Waste Management Plans must be implemented during the construction period of the development. The Principal Certifying Authority must be notified of any proposed change in any of the above details throughout the course of construction. CERTIFICATION OF MECHANICAL VENTILATION 95. The details of any mechanical ventilation or air conditioning must be certified by a competent person to comply with Council's Ventilation Code, the Building Code of Australia and relevant Australian Standards, to the satisfaction of the Principal Certifying Authority prior to commencement of any mechanical services work . 96. To enable certification, the mechanical ventilation documentation prescribed below shall be submitted to the Principal Certifying Authority: (a) Certified plans (in duplicate), coloured so as to adequately distinguish the proposed alterations; (b) A general description of the project plus mechanical ventilation drawings and documentation in duplicate, coloured to show ductwork and equipment as set out below. (Where appropriate a schematic drawing should also be submitted). (i) Supply Air Ducts, Shafts and Fans - Blue (ii) Return Air Ducts, Shafts and Fans - Pink (iii) Outside Air Ducts, Shafts, Intakes and Stair Pressurisation - Green (iv) Exhaust Air Ducts, Shafts, Fans, Discharges and Smoke Spill - Orange (v) Mixing Boxes and Conditions - Yellow (vi) Fire Dampers and Electric Heaters - Red (c) Drawings which show where applicable the existing and proposed air intakes, air discharges and cooling towers and their relative position to each other, the boundaries of the site, openable windows, and adjoining buildings; (d) A Mechanical Ventilation Design Certificate pursuant to Section 93 of the Local Government Act 1993, together with the Curriculum Vitae of the Design Engineer or other appropriate Certifier must be submitted to Principal Certifying Authority (PCA). A copy of the Certificate and a microfilm set of the certified drawings must be submitted to Council by the PCA; (e) Documentary evidence in support of requests for departure from the prescribed or deemed provisions of the Building Code of Australia or any other requirements. 97. Prior to the commencement of work , the following documentation must be submitted to the satisfaction of the Principal Certifying Authority (PCA) and a copy of same submitted to Council: (a) Structural Drawings prepared by an appropriately qualified practising Structural Engineer, corresponding with and attached to a Structural Certificate (see (b)); (b) Structural Certificate/s for Design , completed by the Project/Principal Engineer and by the Architect, OR a Compliance Certificate (Form 10 of the Environmental Planning and Assessment Regulation 1998), after the structural drawings have been checked and comply with: (i) The relevant clauses of the Building Code of Australia (BCA); (ii) The relevant conditions of Development Consent; (iii) The Architectural Plans incorporated with the Construction Certificate; and (iv) The relevant Australian Standards listed in the BCA (Specifications A1.3); (v) Any other relevant report/s or documents. (c) Repeat (a) and (b) for any revision, or staged submission of structural drawings. (i) An appropriately qualified practising structural engineer certifying must have:- a. Appropriate tertiary qualifications in Civil or Structural Engineering; AND b. Corporate membership of the Institution of Engineers Australia or equivalent; AND c. Evidence of relevant experience in the form of a CV/Resume; d. Appropriate current professional indemnity insurance. (ii) An appropriately qualified practising structural engineer certifying by issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Structural Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment Act 1979. (iii) An appropriately qualified person certifying must have a good working knowledge of the Building Code of Australia and Structural and Architectural drawing co-ordination. (iv) Certification of Inspection/s is also required prior to issue of the Occupation Certificate, and/or prior to use. See Schedule 1E Conditions. (v) Council reserves the right to randomly audit any structural documentation. APPLICATION FOR HOARDINGS AND SCAFFOLDING ON A PUBLIC PLACE 98. A separate application is to be made to Council for Approval under Section 68 of the Local Government Act 1993 to erect a hoarding or scaffolding in a public place and such application is to include:- (a) Architectural, construction and structural details of the design in accordance with the Policy for the Design and Construction of Hoarding (September 1997) and the Interim Policy for Temporary Protective Structures. (b) Structural certification prepared and signed by an appropriately qualified practising structural Engineer. (c) Evidence of the issue of a Structural Works Inspection Certificate and structural certification will be required prior to the commencement of demolition or construction works on site. APPLICATION FOR SHORING AND ROAD OPENING 99. Prior to the commencement of any excavation of the building site and where shoring abuts the public way:- (a) A Road Opening Permit is to be obtained from Council. (b) Detailed shoring plans, associated documentation and certification are to be submitted to and approved by Council. Such documentation is to include:- (i) Structural shoring plans in duplicate and a Certification form prepared and signed by an appropriately qualified practising Structural Engineer and repeated for each revision issued to Council. (ii) The nomination of an appropriately qualified practising Structural Engineer who is to:- a. Certify that upon completion of installation, the shoring complies with the certified plans and, b. Undertake a minimum of six-monthly inspections certifying continuing structural stability of the shoring by submitting a completed Section 2 of the Structural Certification form. (iii) The nomination of an appropriately qualified practising geotechnical consultant who is to inspect and ensure a stable excavated site and public way and submit to Council:- a. A geotechnical report b. The proving and certification of the foundation material. (iv) A thorough survey of all utility services within the public way adjoining the site, the locations of such services are to be shown upon the shoring plans. (v) Evidence of Council's acceptance of the shoring plans, documentation and certification is to be submitted to the Principal Certifying Authority prior to the commencement of any excavation of the building site. PEDESTRIAN AND TRAFFIC MANAGEMENT DURING CONSTRUCTION 100. A Pedestrian and Traffic Management Plan must be submitted to and approved by Council prior to commencement of demolition/excavation or construction on the site and must include details of:- (a) Proposed ingress and egress of vehicles to and from the construction site; (b) Proposed protection of pedestrians adjacent to the site; (c) Proposed pedestrian management whilst vehicles are entering and leaving the site; (d) Proposed route of construction vehicles to and from the site. 101. The Pedestrian and Traffic Management Plan shall be implemented during the construction period. ENVIRONMENTAL PROTECTION DURING CONSTRUCTION 102. The following environmental protection measures are required: (a) Prior to the commencement of work, a Water and Sediment Control Statement must be submitted and approved by the Principal Certifying Authority . (b) Such statement must include: (i) The procedures by which stormwater and waste water deposited or generated on site is to be collected and treated prior to discharge including details of any proposed pollution control device; (ii) The proposed method of discharge; (iii) The procedures to be adopted for the prevention of run-off from the site onto the public way; (iv) The procedures to be adopted for the prevention of loose material and litter from being blown onto the public way; (v) The statement is to be consistent with the principles and practices set out in the Department of Land and Water Conservation's "Erosion and Sediment Control Manual". (c) The Water and Sediment Control Statement shall be implemented during the construction period. (d) Any seepage or rainwater collected on site during construction must not be pumped to the street stormwater system unless separate prior approval is given in writing by Council. The applicant must comply with the Clean Waters Act, 1970, whereby it is an offence to pollute classified waters such as Sydney Harbour to which much of the City's street drainage is directly connected. GEOTECHNICAL REPORT 103. Prior to commencement of work for foundation, shoring or underpinning works, the following documentation must be submitted to the satisfaction of the Principal Certifying Authority (PCA) and a copy of same submitted to Council: (a) A geotechnical report which shall include the following information as appropriate:- (i) Borehole/test pit logs or inspection records; (ii) Field/laboratory test results; (iii) General geotechnical description of site; (iv) Recommended safe bearing values and likely settlements of foundation material; (v) Recommendations for stability and protection of excavations; (vi) Opinion on the effect of the new works on existing buildings and recommendations for any underpinning or other measures required to maintain stability; (vii) Method of proving and assessing foundations underpinning and/or excavation stability in accordance with design. (b) An Inspection and Test Plan (ITP) that reflects the requirements of the geotechnical report, project drawings and specifications; (c) The completed Geotechnical Certificate for the Report and ITP, completed by the Project/Principal Geotechnical Engineer OR, a compliance certificate (Form 10 of the Environmental Planning and Assessment Regulation 1998) after satisfying (a) and (b); (d) A Dilapidation Report of adjoining building/s that may be affected by the proposed excavation/construction work; An appropriately qualified practising geotechnical engineer certifying must have:- (i) Appropriate tertiary qualifications in Civil or Geotechnical Engineering, AND ; (ii) Corporate membership of the Institution of Engineers Australia or equivalent; AND (iii) Evidence of relevant experience in the form of a CV/Resume; (iv) Appropriate current professional indemnity insurance. (e) An appropriately qualified practising geotechnical engineer certifying by issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Geotechnical Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment Act 1979. (f) Certification of Inspection/s is also required prior to issue of the Occupation Certificate, and/or prior to use. See Schedule 1E Conditions.

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BARRICADE PERMIT 104. Where construction/building works require the use of a public place including a road or footpath, approval under Section 68 of the Local Government Act 1993 for a Barricade Permit is to be obtained from Council prior to the commencement of work. Details of the barricade construction, area of enclosure and period of work are required to be submitted to the satisfaction of Council. SCHEDULE 1D CONDITIONS CONDITIONS TO BE COMPLIED WITH DURING CONSTRUCTION HOURS OF WORK AND NOISE 105. The hours of construction and work on the development shall be as follows: (a) All work, including demolition, excavation and building work in connection with the proposed development must only be carried out between the hours of 7.00 am and 7.00 pm on Mondays to Fridays, inclusive, and 7.00 am and 5.00 pm on Saturdays, and no work must be carried out on Sundays or public holidays. (b) All work, including demolition, excavation and building work must comply with "The City of Sydney Code of Practice for Construction Hours/Noise 1992" and Australian Standard 2436-1981 'Guide to Noise Control on Construction, Maintenance and Demolition Sites'. SITE NOTICE OF PROJECTS DETAILS AND APPROVALS 106. A site notice(s) is to be prominently displayed at the boundary to each frontage of the site for the purposes of informing the public of appropriate project details and relevant approvals. The notice(s) is to satisfy all of the following requirements:- (a) Minimum dimensions of the notice are to measure 841mm x 594mm (A1) with any text on the notice to be a minimum of 30 point type size; (b) The notice is to be durable and weatherproof and is to be displayed throughout the construction period; (c) A copy of the first page of the development approval, building approval (including any modifications to those approvals) and any civic works approvals is to be posted alongside the notice in weatherproof casing; (d) The approved hours of work, the name of the site manager, the responsible managing company, its address and 24 hour contact phone number for any inquiries, including construction/noise complaint are to be displayed on the site notice; (e) The notice(s) is to be mounted at eye level on the perimeter hoardings and is to state that unauthorised entry to the site is not permitted. USE OF APPLICANCE OF A HIGHLY INTRUSIVE NATURE 107. This development consent does not extend to the use of appliances which emit noise of a highly intrusive nature (such as pile-drivers and hydraulic hammers) or are not listed in Groups B, C, D, E or F of Schedule 1 of the "City of Sydney Code of Practice for Construction Hours/Noise 1992" and Australian Standard 2436-1981 "Guide to Noise Control on Construction, Maintenance and Demolition Sites". A separate application for approval to use any of these appliances must be made to Council. CONSTRUCTION DURING THE OLYMPICS 108. Should construction be required to take place during the period 1 September 2000 to 1 October 2000 it may only be carried out in accordance with a Traffic and Pedestrian Management Plan and a Construction Program submitted and approved by Council , after consultation with the relevant Olympic authorities, such submission to be made at least three months prior to 1 September 2000. LOADING AND UNLOADING DURING CONSTRUCTION 109. The following requirements apply:- (a) All loading and unloading associated with construction must be accommodated on site. (b) The structural design of the building shall be such as to permit the basement and/or the ground floor to be used as a loading and unloading area for the construction of the remainder of the development. (c) If, during excavation, it is not feasible for loading and unloading to take place on site, the provision of a construction zone may be considered by Council. (d) In addition to any approved construction zone, provision must be made for loading and unloading to be accommodated on site once the development has reached ground level. (e) If a construction zone is warranted, such an application must be made to Council prior to commencement of work on the site. An approval for a construction zone may be given for a specific period and certain hours of the days to reflect the particular need of the site for such facility at various stages of construction. The approval will be reviewed periodically for any adjustment necessitated by the progress of the construction activities. 110. All street trees shall be protected at all times during construction, in accordance with Council's Tree Preservation Order. Any tree on the footpath which is damaged or removed during construction shall be replaced, to the approval of Council and the Principal Certifying Authority. 111. Prior to the commencement of excavation, the applicant should contact the "Dial Before You Dig" service on telephone (02) 1100, fax number 1300-652-077 to ascertain the presence and type of underground utility services in the vicinity of the development. LIGHTING OF SITE OUTSIDE OF STANDARD CONSTRUCTION HOURS 112. The applicant shall ensure that lighting of the site, whilst any work is undertaken outside of Council's standard hours of construction, is such that, at no time will the intensity, hours of illumination or location of the lighting cause injury to the amenity of the neighbourhood. If in the opinion of Council, injury is likely to be caused, the intensity, hours of illumination and location of the lighting must be varied so that it does not cause injury to nearby residents. CONSTRUCTION PROGRESS CERTIFICATION 113. For the duration of the construction process a Construction Progress Certificate shall be provided to Council on a three monthly basis to the effect that the construction work, including architectural detail, is in accordance with the approved development application drawings and conditions of development consent and the approved Construction Certificate drawings and specifications. CONTROL OF VERMIN 114. Measures for the eradication of vermin from the site during construction work shall be implemented prior to the commencement of any work to the satisfaction of the Principal Certifying Authority. All service ducts and cable entries to existing premises should be sealed prior to any demolition being carried out. USE OF MOBILE CRANES 115. Permits required for use of mobile cranes:- (a) For special operations including the delivery of materials, hoisting of plant and equipment and erection and dismantling of on site tower cranes which warrant the on street use of mobile cranes, permits must be obtained from Council for the use of a mobile crane. The permits must be obtained 48 hours beforehand for partial road closures which, in the opinion of Council will create minimal traffic disruptions and 4 weeks beforehand in the case of full road closures and partial road closures which, in the opinion of Council, will create significant traffic disruptions. (b) Mobile cranes operating from the road must not be used as a method of demolishing or constructing a building. (c) Special operations and the use of mobile cranes must comply with the approved hours of construction. Mobile cranes shall not be delivered to the site prior to 7.30am without the prior approval of Council. 116. The public way must not be obstructed by any materials, vehicles refuse, skips or the like, under any circumstances. Non-compliance with this requirement will result in the issue of Notice by Council to stop all work on site. CLEAN WATERS ACT 117. To comply with the Clean Waters Act 1970 whereby it is an offence to pollute classified waters such as Sydney Harbour to which most of the City's street drainage is directly connected:- (a) concrete trucks, concrete pumps and their attachments, and trucks used for the disposal of spoil shall not be washed out on the public way; (b) any water collected from on-site washing down of concrete trucks, concrete pumps or their attachments and trucks used for the disposal of spoil shall not be pumped, directed or allowed to flow to the street stormwater system; (c) any seepage or rain water collected on site during construction shall not be pumped to the street stormwater system unless separate prior approval is given in writing by Council and evidence of approval is to be submitted to the Principal Certifying Authority prior to discharge into such system. 118. Approved concrete driveways are to be constructed for all vehicular access to the construction site in accordance with the requirements of Council's "Driveway Specifications" to the satisfaction of Council. 119. Vehicles carrying spoil or rubble to or from the site shall at all times be covered to prevent the escape of dust or other material. SCHEDULE 1E CONDITIONS CONDITIONS TO BE COMPLIED WITH PRIOR TO ISSUE OF OCCUPATION CERTIFICATE AND PRIOR TO COMMENCEMENT OF USE, TO THE SATISFACTION OF THE PRINCIPAL CERTIFYING AUTHORITY 120. An Occupation Certificate (form 12 under the Environmental Planning and Amendment Regulation 1998) must be obtained from the Principal Certifying Authority (PCA) (Council or a private accredited certifier) and a copy furnished to Council in accordance with Section 79L of the Environmental Planning and Assessment Amendment Regulation 1998 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building. A copy of the certificate shall be submitted to Council if it was not the PCA. 121. All materials used in the building shall comply with specification C1.10 of the Building Code of Australia. 122. All doors serving as required exits or forming part of a required exit shall be provided in accordance with D2.19, D2.20 and D2.21 of the Building Code of Australia. Where it is proposed to fit a lockset, failsafe device or any security equipment to a door, a Compliance Certificate (form 10 of the Environmental Planning and Assessment Regulation 1994) shall be obtained to the satisfaction of the Principal Certifying Authority (Council or a private accredited certifier) prior to installation. 123. Any door, shutter, grille or the like which is installed in a path of travel to a required exit shall be provided in accordance with D2.21 of the Building Code of Australia. Where it is proposed to fit a lockset, failsafe device or any security equipment to a door, a Compliance Certificate (form 10 of the Environmental Planning and Assessment Regulation 1994) shall be obtained to the satisfaction of the Principal Certifying Authority (Council or a private accredited certifier) prior to installation. 124. Any proposed electronic locks shall comply with the following: (a) The electronic locking device shall be power energised to the locking mode and shall be deactivated to release upon direct or response power termination to the device to enable the door to be opened by single handed action in the direction of egress; (b) The smoke detectors shall be provided on both sides of the security door, 1500mm from the centre of the door in the position described in Clause 5.7.5 of AS 1905.1 (1990); (c) The locking device shall consist of an approved electronic door interlock system such that in the event of fire being detected by the building's sprinkler system and smoke/thermal alarm system (including smoke detectors required in the mechanical ventilation system by AS 1668 (1991)), the locking system will be deactivated to release by the termination of power to enable the door to be opened by single-handed action in the direction of egress; 125. Prior to issue of an Occupation Certificate under Environmental Planning and Assessment Act 1979 and following the completion, installation, and testing of all the mechanical ventilation systems covered by the approval, a Mechanical Ventilation Certificate of Completion and Performance must be submitted to the Principal Certifying Authority (PCA) (Council or a private accredited certifier). A copy of the Certificate and a microfilm set of the certified drawings must be submitted to Council if it was not the PCA. 126. The efficient operation and performance of any mechanical ventilation, air pressurisation or other smoke control system must not be impaired by the partitioning layout. Adequate relief/transfer air openings must be provided to ensure the performance of systems during fire and non-fire conditions is not impaired. 127. A Fire Safety Certificate (form 15 under the Environmental Planning and Assessment Amendment Regulation 1998) must be furnished to the Principal Certifying Authority (PCA) (Council or a private accredited certifier) for all of the items listed in the Fire Safety Schedule forming part of this approval prior to any consent for occupancy/partial occupancy being granted. A copy of the Certificate must be submitted to Council if it was not the PCA. 128. All glazing materials shall be selected and installed in accordance with the relevant provisions of AS 1288 S.A.A. "Glass Installation Code". 129. The development shall comply in all respects with the Building Code of Australia. 130. Prior to issue of an Occupation Certificate or use of the premises, a Structural Inspection Certificate OR a Compliance Certificate (Form 10 of the Environmental Planning and Assessment Regulation 1998) must be submitted to the satisfaction of the Principal Certifying Authority (PCA) (Council or a private accredited certifier) after : (a) The site has been periodically inspected and the structural certifier is satisfied that the Structural Works are deemed to comply with the final Design Drawings; and (b) The drawing revisions listed on the Inspection Certificate have been checked with those listed on the final Design Certificate/s. (c) A copy of the Certificate with a microfilm set of the final drawings shall be submitted to Council if it was not the PCA. An appropriately qualified practising structural engineer certifying must have:- (i) Appropriate tertiary qualifications in Civil or Structural Engineering, AND ; (ii) Corporate membership of the Institution of Engineers Australia or equivalent; AND (iii) Evidence of relevant experience in the form of a CV/Resume; (iv) Appropriate current professional indemnity insurance. An appropriately qualified practising structural engineer certifying by issuing a Form 10 Compliance Certificate must have accreditation as a certifier for Structural Engineering issued by the Institution of Engineers Australia in accordance with the Environmental Planning and Assessment Act 1979. LOT CONSOLIDATION 131. All land titles within the site must be consolidated into one lot. A plan of consolidation in a form capable of registration shall be lodged with the Land Titles Office prior to issue of a Occupation Certificate under the Environmental Planning and Assessment Act 1979. WASTE MANAGEMENT CERTIFICATION OF COMPLETION 132. Certification of completion of waste handling works in accordance with the relevant Development Approval Conditions and Councils Code for Waste Handling in Buildings 1994, must be submitted to the satisfaction of the Principal Certifying Authority (PCA), (Council or a private accredited certifier) prior to the issue of an Occupation Certificate under the Environmental Planning and Assessment Act 1979 or prior to use of the premises. A copy of the Certificate shall be submitted to Council if it was not the PCA. Such Certification must be given by the Architect or other appropriated qualified person experienced in Waste Handling Design and Environmental Management. COMMEMORATIVE PLAQUE 133. The following is required: (a) A commemorative plaque must be incorporated in the new building, in a prominent position at ground floor level at or near the main entrance to the building, to commemorate the major participants in the development. The details contained on the plaque are to include the names of the developer, architect, and consent authority and the year in which the building was completed. (b) The proposed location of the plaque and details of its proposed size, colour and materials, and text must be submitted for the approval of Council prior to issue of an Occupation Certificate under the Environmental Planning and Assessment Act 1979. (c) The approved plaque must be installed prior to Occupation. NUMBERING 134. Prior to issue of an Occupation Certificate street, numbers and the building name, shall be clearly displayed at either end of the ground level frontage in accordance with the "Policy on Numbering of Premises within the City of Sydney". If new street numbers or a change to street numbers are required, a separate application shall be made to Council. STREET NAME PLATE 135. Council's standard street name plate shall be affixed to all street frontages of the building, visible to both pedestrian and vehicular traffic. The signs shall be obtained and installed at no cost to Council. (Contact the Team Leader - Urban Domain, Service Planning Policy). TEMPORARY STRUCTURES WITHIN THE PUBLIC WAY 136. Any temporary structure, whether shoring, anchors or footings installed in the public way below pavement level shall be removed prior to completion of the project to a depth of two metres, and the void is to be backfilled with stabilised sand (14 parts sand to 1 part cement), in accordance with the requirements and to the satisfaction of Council and evidence of such is to be submitted to the Principal Certifying Authority (Council or a private accredited certifier) prior to issue of a Occupation Certificate. 137. Any intruder alarm must be fitted with a timing device in accordance with the requirements of Regulation 12A of the Noise Control Act, 1975, and Australian Standard 2201, Parts 1 and 2 - 1978, Intruder Alarm Systems. 138. Prior to issue of an Occupation Certificate and/or prior to commencement of the use the building owner must ensure that there is a contract either with Council or a licensed contractor for the removal of trade waste . No garbage is to be placed on the public way eg. Footpaths, roadways, plazas, and reserves at any time. 139. Prior to issue of an Occupation Certificate and/or commencement of the use of the premises, all required contracts or arrangements for the collection and removal of wastes and recyclable material must be finalised. 140. Prior to commencement of the use, the owner or occupier of the premises must apply to Council for the registration of water-cooling systems (cooling towers and evaporative condensers), evaporative cooling systems and warm-water systems which heat and deliver water at less than 60 o C at each outlet installed on the premises. 141. The premises must be ventilated in accordance with the Building Code of Australia and Council's Ventilation Code. 142. All evaporative cooling warm water or water cooling systems installed on the premises must comply with the Public Health Act 1991 and Public Health Regulation 1991 and be registered by Council.

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