ITEM 14. DEVELOPMENT APPLICATION: BIRMINGHAM STREET ALEXANDRIA

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1 ITEM 14. DEVELOPMENT APPLICATION: BIRMINGHAM STREET ALEXANDRIA FILE NO: D/2015/42 DEVELOPMENT APPLICATION NO: D/2015/42 SUMMARY Date of Submission: 15 January 2015, amended plans were received 18 June 2015, 12, 13 and 17 August Applicant: Architect: Developer: Owner: Eddy Haddad Level 33 Pty Ltd Level 33 Architectural Division Birmingham Street Alexandria Pty Ltd David and Vivienne Conway BANR Pty Ltd, The Lusoti Superannuation Fund Cost of Works: $11,955,719 Proposal Summary: Partial demolition of existing building, with the retention of the front portion of the brick building fronting Birmingham Street. Construction of a 6 storey mixed use development, comprising 46 residential apartments and 1 retail premises. Provision of 28 car parking spaces at ground level. Landscaping and associated infrastructure works are also proposed. The proposal was amended during the assessment in response to issues raised by Council Officers. The main concerns related to the extent of retention of the existing brick building (given a current Planning Proposal to list the building as a heritage item); the proposed interface between the existing and new building; apartment sizes and mix, cross-ventilation; access to and the landscape quality of communal areas. Amended plans were submitted in response to these concerns, and these have been used for the assessment. The original application was notified and advertised for a period of 21 days and 2 submissions were received. The amended plans submitted in response to Council Officers concerns were notified for a 14 day period. Two (2) submissions were received in response to the renotification of the application, both of which were from, or on behalf of, those who made submissions in relation to the original proposal.

2 Proposal Summary (continued): The main points raised in the submissions related to: Lack of provision of on-site parking and difficulties in the area with on-street parking; The siting of the development in relation to rear property boundary and impacts upon air, light, security; Non-compliances with planning requirements relating to boundary setbacks, private open space, landscape area and deep soil provision; and Impact upon future development potential of adjoining properties. The proposed development exceeds the 22m height limit in the Sydney Local Environmental Plan 2012 by 1.5m or 6.8%. The breach in height relates to the 2 lift overruns, which are required to achieve equitable access to the proposed communal roof terrace. A request for a variation to the height development standard has been submitted under Clause 4.6 of the Sydney Local Environmental Plan The variation to the development standard is supported as it is considered that in this instance compliance with the height control is unreasonable and unnecessary and there are sufficient reasons to justify contravention of the standard. Overall, the proposed development is considered to be of an appropriate height, bulk and scale and is consistent with the desired future character of the area. By retaining the front portion of the existing industrial building, the proposal respects the heritage of the site and the character of the area. The proposal will provide acceptable residential amenity for the residential apartments. It is not considered that the proposal would result in unreasonable amenity impacts upon neighbouring properties. Summary Recommendation: The application, as amended, is recommended for approval, subject to conditions.

3 Development Controls: (i) State Environmental Planning Policy No. 32 Urban Consolidation (ii) State Environmental Planning Policy No.55 Remediation of Land (iii) State Environmental Planning Policy No.65 Design Quality of Residential Flat Development a. SEPP 65 (Amendment No. 3) published on 19 June 2015, commenced on 17 July 2015 (iv) State Environmental Planning Policy No. 70 (Affordable Housing) Revised Schemes (v) (vi) State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004 State Environmental Planning Policy (Infrastructure) 2007 (vii) Sydney Local Environmental Plan 2012 a. Planning Proposal (Heritage Listing of Industrial and Warehouse Buildings) (viii) Sydney Development Control Plan 2012 Developer Contributions (ix) City of Sydney Development Contributions Plan 2006 Affordable Housing Contributions (x) Southern Employment Lands Affordable Housing Attachment: A - Architectural Drawings

4 RECOMMENDATION It is resolved that: (A) Council support the variation sought to Clause 4.3 Height of Buildings in accordance with Clause 4.6 Exceptions to development standards in Sydney Local Environmental Plan 2012; and (B) consent be granted to Development Application No. D/2015/42, subject to the following conditions: SCHEDULE 1A Approved Development/Design Modifications/Covenants and Contributions/Use and Operation Note: Some conditions in Schedule 1A are to be satisfied prior to issue of a Construction Certificate and some are to be satisfied prior to issue of Occupation Certificate, where indicated. (1) APPROVED DEVELOPMENT Development must be in accordance with Development Application No. D/2015/42 dated 15 January 2015 and the following drawings: Drawing Number Architect Date A010 Rev C Site Plan A102 Rev C Ground Floor Plan A103 Rev D Level 1 Plan A104 Rev C Level 2 Plan A105 Rev C Level 3 Plan A106 Rev C Level 4 Plan A107 Rev C Level 5 Plan A108 Rev C Roof Terrace Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division 12 August August August August August August August August 2015

5 Drawing Number Architect Date A111 Rev C Roof Plan A200 Rev C Section A A201 Rev C Section B A202 Rev C Section C A250 Rev D West Elevation A251 Rev D North Elevation A252 Rev D East Elevation A253 Rev C South Elevation A401 Rev C Demolition Plan A999 Rev A Accessible Units Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division Level 33 Architectural Division 12 August August August August August August August August August August 2015 and as amended by the conditions of this consent. In the event of any inconsistency between the approved plans and supplementary documentation, the plans will prevail. (2) COMPLIANCE WITH SUBMITTED MATERIALS AND SAMPLES The design details of the proposed building facade including all external finishes, colours and glazing must be in accordance with the following: (c) The materials and finishes shown on Sample Board prepared by Level 33 Architectural Division, dated 18 December 2014; Drawing No. A901 Rev B, titled Materials and Finishes, prepared by Level 33 Architectural Division, dated 10 June 2015; and Drawing No. A902 Rev B, titled Materials and Finishes 2, prepared by Level 33 Architectural Division, dated 10 June 2015.

6 (3) FACE BRICKWORK CURVED FRONT WALL AND SIDE RETURN WALLS With regard to the portions of the existing building which are being retained, the exterior face of the curved brick wall at the front of the building and the side return walls are to remain in the existing face brick, and are not to be painted, rendered, coated or have any other finishing material treatment applied which would alter their appearance. (4) BUILDING HEIGHT The height of the building must not exceed: (i) (ii) (iii) RL 33.5 (AHD) to the top of the lift overruns; RL 32 (AHD) to the top of the stair case enclosures; and RL 29.7 (AHD) to the finished floor level of the roof top communal open space. Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification that the height of the building accords with above, to the satisfaction of the Principal Certifying Authority. (5) SYDNEY AIRPORT CORPORATION APPROVAL An approval for the proposed height of the development shall be obtained from Sydney Airport Corporation Limited in accordance with the Civil Aviation (Building Control) Regulations 1988 prior to the issue of a Construction Certificate. (6) FLOOR TO CEILING HEIGHT Prior to a Construction Certificate being issued, the Certifying Authority must ensure that all living rooms and bedrooms in sole occupancy units must have a minimum finished floor to ceiling height of not less than 2.7 metres. (7) ROOF - TOP PLANT Any roof-top plant and associated equipment must be located within the approved building envelope. Should the plant exceed the approved building envelope, then further approval is required from Council. (8) FLOOR SPACE RATIO The following applies to Floor Space Ratio: The Floor Space Ratio must not exceed 2:1 calculated in accordance with Sydney Local Environmental Plan For the purposes of the calculation of FSR, the total Gross Floor Area is 3,440sq.m.

7 Prior to an Occupation Certificate being issued, a Registered Surveyor must provide certification of the total and component Gross Floor Areas (by use) in the development, utilising the definition under Sydney Local Environmental Plan 2012, applicable at the time of development consent, to the satisfaction of the Principal Certifying Authority. (9) SECURITY GATES Security gates are to be installed in the 2 x openings in the front elevation of the building which provide access to the residential lobbies to restrict access. These gates should respect the heritage nature of the front of the building, be well designed and of high quality materials, with a degree of openness so that they do not present a solid, blank appearance to the street. Design and material details for the security gates are to be submitted to and approved by the Director City Planning, Development and Transport prior to the issue of a Construction Certificate. (10) PRIVACY SCREENS As provided for on other balconies within the building, privacy screens are to be incorporated into the balconies for Unit 4.4 (Level 4), Unit 5.4 and Unit 5.8 (Level 5) of the development. Drawings detailing this are to be submitted to and approved by the Private Certifying Authority prior to the issue of a Construction Certificate. (11) SLIDING DOORS WITHIN STUDIO APARTMENTS Within all studio apartments in the development, the sliding doors which enclose the bedroom area are to be deleted. Drawings showing this are to be submitted to and approved by the Private Certifying Authority prior to the issue of a Construction Certificate. (12) RETAIL PREMISES Subject to Condition 13, the following types of retail premises are permitted within the ground floor tenancy: (c) (d) (e) (f) Food and drink premises; Kiosks; Markets; Neighbourhood shops; Plant nurseries; and Shops. Other types of retail premises are prohibited within the B7 Business Park zone and therefore are not permitted.

8 (13) GROUND FLOOR RETAIL PREMISES SEPARATE DA REQUIRED A separate development application for the fitout and use of the ground floor retail premises must be submitted to and approved by Council prior to the fitout and use of the premises. (14) USE OF COMMON AREAS AND FACILITIES The roof top common area, level 1 common area and the community room must be available for the use all residents of the building, and must be designated as common property on any future strata subdivision of the site, with no exclusive use rights. (15) COMMUNITY ROOM The community room provided at level 1 of the development is to be acoustically isolated so that it can be used for music practice purposes by residents within the development without disturbing other residents. Details of the proposed acoustic treatment are to be submitted to and approved by the Principal Certifying Authority prior to the issue of a Construction Certificate. (16) STUDY AREAS Any rooms within apartments nominated as a Study shall be used for study and associated residential storage areas, and shall not be converted to a separate habitable bedroom. (17) STORAGE FACILITIES In addition to storage in kitchens, bathrooms and bedrooms, accessible storage facilities are to be provided for the residential apartments within the development at the following minimum rates: Studio apartments: 4m 3 One bedroom apartments: 6m 3 (c) Two bedroom apartments: 8m 3 (d) Three plus bedroom apartments: 10m 3 At least 50% of this storage is to be provided within each apartment. Plans showing this storage provision are to be submitted to and approved by the Certifying Authority prior to the issue of a Construction Certificate. (18) RESTRICTION ON RESIDENTIAL DEVELOPMENT The following restriction applies to buildings approved for residential use: The accommodation portion of the building (being Levels one, two, three, four and five) 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 Sydney Local Environmental Plan 2012.

9 (c) (d) A restrictive covenant is to be registered on the title of the development site in the above terms and restricting any change of use of those levels from permanent residential accommodation. The covenant is to be registered on title prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, to the satisfaction of the Council. All costs of the preparation and registration of all associated documentation are to be borne by the applicant. If a unit contains tenants, it must be subject to a residential tenancy agreement for a term of at least three months. An owner, tenant or Owners Corporation shall not permit a Building Manager or agent to advertise or organise for short term accommodation or share accommodation in the building. (19) NUMBER OF ADULTS PER ROOM No more than two adult people shall permanently occupy any bedroom and no bedroom shall contain more than two beds. This excludes children and children s beds, cots or bassinets. The total number of adults residing in one apartment shall not exceed twice the number of approved bedrooms. (20) EXISTING SIGNAGE BAND This consent grants approval to change the wording in the existing signage band on the front wall of the building from B & R Converters & Enterprises to the new development s street address of Birmingham Street. The change in the signage band is to remain in keeping with the heritage character of the front of the existing building. Further details of this change to the signage band (including drawings detailing materials, proposed method of fixing and any lighting) are to be submitted to and approved by the Director City Planning, Development and Transport prior to the issue of a Construction Certificate. (21) SIGNS - SEPARATE DA REQUIRED A separate development application for any new signs in addition to those approved as part of this consent (other than exempt or complying signs under Council s exempt and complying DCPs) must be submitted to and approved by Council prior to the erection or display of any such signs. (22) DEMOLITION OF BOUNDARY WALLS Drawing No. A401 Rev C Demolition Plan, prepared by Level 33 Architectural Division, dated 12 August 2015 indicates that boundary walls are to be demolished as part of this proposal. This consent does not grant consent for the demolition of any parts of boundary walls located outside of the subject property s site boundaries.

10 (23) GENERAL HERITAGE CONDITIONS FOR RETAINED SECTION OF ORIGINAL BUILDING (c) (d) (e) The proposed works are to be carried out in a manner that minimises demolition, alterations and new penetrations/fixings to the significant fabric of the retained section of the original building. The fabric and features to be retained must be properly protected during the process of demolition and construction. The protection measures are to be specified in a Construction Management Plan. All conservation and adaptation works are to be in accordance with the Articles of the Australian ICOMOS Burra Charter New services are to be surface mounted rather than chased-in to existing walls to minimise impact on heritage fabric. Appropriately qualified tradespersons (as appropriate) are to be commissioned who are skilled in traditional building and engineering trades to carry out the proposed scope of works. (24) HERITAGE CONSERVATION WORKS (c) (d) (e) (f) Prior to the issue of a Construction Certificate, a schedule of conservation works to be undertaken concurrent with the works is to be submitted to and approved by the Director City Planning, Development and Transport. The schedule is to detail the conservation of all fabric identified as having a heritage value including but not limited to the following: brickwork, window joinery, glazing, hardware, roof plumbing, roofing and painting. The schedule is to be supported by outline specifications, methodologies and detailed architectural sections, elevations and plans at 1:20 and 1:5 scales. The details should incorporate any structural and/or building services design for the building. The proposed works are to be carried out in a manner that minimises demolition, alterations and new penetrations/fixings to the significant fabric of the existing building. All conservation and adaptation works are to be in accordance with the Articles of the Australian ICOMOS Burra Charter Appropriately qualified contractors and tradespersons are to be commissioned who are skilled in traditional building and engineering trades to carry out the proposed scope of works within the heritage building. INSPECTION AND APPROVAL: The conservation works are to be progressively inspected by, and be implemented to the satisfaction of, Council s Heritage Specialist prior to the issue of the Occupation Certificate or commencement of the use, whichever is the earlier.

11 (25) ADDITIONAL DETAILS REQUIRED PRIOR TO CONSTRUCTION CERTIFICATE The detailed design of the following elements of the building is to be submitted to and approved by the Director City Planning, Development and Transport prior to the issue of a Construction Certificate: Making good and finishing new door openings cut in the existing face brick facade to Birmingham Street; and Glazing system and details for the glazed sliding door to the new door opening for the ground floor retail unit. (26) MATERIALS FOR MAKING GOOD OF RETAINED EXISTING FABRIC New materials for making good and repairs, are to match the existing in terms of colours, finishes, sizes, profile and properties. (27) PHOTOGRAPHIC ARCHIVAL DOCUMENTATION Prior to a Construction Certificate being issued, an archival photographic recording of Birmingham Street is to be prepared to Council's satisfaction. The recording may be in either digital or film-based form, or a combination of both, prepared in accordance with the NSW Heritage Division of the Department of Environment and Heritage guidelines titled "Photographic Recording of Heritage Items using Film or Digital Capture". One copy of the record is to be submitted to Council to be lodged with Council's Archives. The form of the recording is to be as follows: (c) (d) In A4 format, placed in archival plastic sleeves in an appropriate archival folder. The Development Application number must be noted on the front of the folder and in the report. Include a summary report detailing the project description, date and authorship of the photographic record, method of documentation and limitations of the photographic record. Each negative, slide or digital image is to be cross referenced to a photographic catalogue and photographic base plans. (e) Include written confirmation, issued with the authority of both the applicant and the photographer that the City of Sydney is granted a perpetual non-exclusive licence to make use of the copyright in all images supplied, including the right to make copies available to third parties as though they were Council images. The signatures of both the applicant and the photographer must be included. A digital based recording is to include: (f) CD or DVD containing the report in PDF format and the electronic images saved as JPEG, TIFF or PDF files and cross referenced to the digital catalogue sheets and base plans.

12 A film based recording is to include: (g) 35mm film images submitted as contact sheets with equivalent negatives, a selection of black and white prints 200 x 250mm, and 35mm colour transparencies, all labelled and cross-referenced to the catalogue sheets and base plans. (28) RETENTION OF INTERNAL FEATURES The internal timber columns and roof structure in the retained section of the existing building are to be conserved. (29) STRUCTURAL INTEGRITY OF RETAINED BUILDING ELEMENTS Prior to the commencement of any demolition, excavation or construction work, a report or certification from a practicing structural engineer experienced in dealing with heritage buildings must be submitted to and approved by Council s Area Planning Manager. The report must explain how the retained building elements, such as building facades and roof trusses are to be retained, supported and not undermined by the proposed development and give details of any intervention or retrofitting needed. (30) USE OF HERITAGE CONSULTANT A heritage consultant experienced in heritage restoration and renovation works is to be commissioned to work with the consultant team throughout the design development, contract documentation and construction stages of the project. The heritage consultant is to be involved in the resolution of all matters where existing significant fabric and spaces are to be subject to preservation, restoration, reconstruction, adaptive reuse, recording and demolition. The heritage consultant is to be provided with full access to the site and authorised by the applicant to respond directly to Council where information or clarification is required regarding the resolution of heritage issues throughout the project. Evidence and details of the above commission on the above terms are to be provided to Council s Urban Design and Heritage Manager prior to commencement of work on site. The heritage consultant must sign off the completed project and submit a final report to Council s Urban Design and Heritage Manager specifying how the heritage conditions are satisfied prior to the issue of an Occupation Certificate or the commencement of the use, whichever is earlier. (31) ARCHAEOLOGICAL DISCOVERY DURING EXCAVATION Should any relics be unexpectedly discovered on the site during excavation, 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 Should any Aboriginal objects be unexpectedly discovered then all excavation or disturbance of the area is to stop immediately and NSW Government Office of Environment and Heritage is to be informed in accordance with Section 89A of the National Parks and Wildlife Act 1974

13 (c) (d) Should any archaeological remains or Aboriginal objects be discovered, a copy of recording of the finds and the final archaeological summary report is to be submitted to Council prior to the Occupational Certificate; if the discovery is on Council s land, Council must be informed. (32) CYCLICAL MAINTENANCE PLAN A cyclical maintenance plan specifying frequency and methodologies to conduct building inspections and maintenance works to heritage building elements and services must be submitted to and approved by Council s Urban Design and Heritage Manager prior to the issue of an Occupation Certificate. The maintenance plan is to be prepared by a suitably qualified heritage consultant and endorsed by the building owner. (33) DISPOSAL OF SURPLUS SALVAGED MATERIALS Salvaged traditional building materials surplus to the requirements of this project including such as, bricks, structural timber, are to be sold to an established dealer in second hand heritage building materials. Documentation of the salvage methodology must be submitted for the approval of Council prior to the commencement of demolition. (34) TREE ROOT PROTECTION Tree Protection Zone (TPZ) Schedule: Tree No 1x Botanical/Common Name Melalueca quinquenervia (Paperbark) Tree Location Street tree (near north-western site boundary) TPZ (m) from Trunk (radius) 8.4 metres Prior to the installation of the new driveway crossover, exploratory root investigation must be undertaken by a qualified Arborist (minimum AQF Level 5) along the eastern alignment of the driveway on Birmingham Street. This shall consist of either an air knife or hand excavations, gently removing the soil to expose the existing tree roots to a minimum depth of 600mm below the existing ground level. An assessment of tree root size, number and condition must be provided (including photos) to the Council s Director City Planning, Development and Transport for approval prior to installation of the driveway and crossover; The method of installation of the new driveway crossover shall be amended if any large structural roots (greater than 50mm diameter) are identified as a result of the exploratory root investigation. The method of installation shall ensure that no roots greater than 50mm in diameter are pruned, removed or damaged as a result of the works. (c) Any root pruning which has been approved by Council must be undertaken by a qualified Arborist with a minimum AQF level 3.

14 (35) STREET TREE PROTECTION The 3 street trees located in close proximity to the front of the site on Birmingham Street (2 immediately in front of the site and 1 in front of the neighbouring substation) must be protected in accordance with the Australian Standard 4970 Protection of Trees on Development Sites. All street trees must be protected during the construction works as follows: Tree trunk protection must be undertaken prior to the issuing of the Construction Certificate. The protection must be installed by a qualified Arborist (AFQ 2 or 3) and must include: (i) (ii) (iii) An adequate clearance, minimum 250mm, must be provided between the structure and tree branches, limbs and truck at all times; Tree trunk/s must be protected by wrapped hessian or similar material to limit damage, and Timber planks (50mm x 100mm or similar) must be placed around tree trunk/s. The timber planks must be spaced at 100mm intervals, and must be fixed against the trunk with tie wire, or strapping. The hessian and timber planks must not be fixed to the tree in any instance, or in any fashion, (iv) Tree trunk protection is to remain in place for the duration of construction and development works, and must be removed at the completion of the project. (c) All hoarding support columns are to be placed a minimum of 300mm from the edge of the existing tree pits/setts, so that no sinking or damage occurs to the existing tree setts. Supporting columns must not be placed on any tree roots that are exposed. Materials or goods, including site sheds, must not be stored or placed: (i) (ii) around or under the tree canopy; or within two (2) metres of tree trunks or branches of any street trees. (d) Any damage sustained to street tree/s as a result of the erection of hoardings, scaffolding, or due to the loading/unloading of vehicles adjacent the site, must be immediately reported to the Council's Street Tree Contract Coordinator on , in order to determine the appropriate action for maintaining the health and structural integrity of any damaged street tree. (36) STREET TREE PRUNING The consent from Council must be obtained prior to the undertaking of any street tree pruning works including tree roots greater than 40mm diameter. Only minor pruning works will be approved by Council.

15 Any pruning that is required to accommodate hoardings, scaffolding, or to accommodate the loading/unloading of vehicles, and has been approved by Council, must be carried out by a qualified Arborist (AQF3), and must be in accordance with AS4373 Australian Standards 'Pruning of Amenity Trees'. (37) ALLOCATION OF PARKING The number of car parking spaces to be provided for the development shall comply with the table below. Details confirming the parking numbers shall be submitted to the satisfaction of the Certifying Authority prior to the issue of a Construction Certificate. Car Parking Type Number Residential spaces 14 Accessible residential spaces 7 Residential visitor spaces 5 Retail staff parking 1 Subtotal 27 Service vehicle space 1 Total 28 (38) ALLOCATION OF ACCESSIBLE CAR PARKING SPACES For residential development, accessible car parking spaces for people with mobility impairment are only to be allocated as visitor parking or to adaptable units. Where allocated to adaptable units, the unit(s) and car spaces must be assigned to the unit in any future strata subdivision of the building. (39) ALLOCATION FOR VISITOR PARKING Visitor parking spaces must not at any time be allocated, sold or leased to an individual owner/occupier and must be strictly retained as common property by the Owners Corporation for use by building visitors. All spaces must be clearly marked visitor prior to the issue of an occupation certificate or the use commencing, whichever is earlier. All signs must be maintained in good order at all times. (40) BICYCLE PARKING The minimum number of bicycle parking spaces to be provided for the development must comply with the table below: Bicycle Parking Type Number Requirements Residential 46 Spaces must be a class 1 or class 2 bicycle locker [1] Residential visitor 5 Spaces must be Class 3 bicycle rails Non-residential staff 1 Spaces must be Class 2 bicycle facilities Non-residential customers 3 Spaces must be Class 3 bicycle rails

16 Notes: (i) If a basement storage area on title that is large enough to store a bike and is no smaller than a class 1 bike locker this can be counted as a space. (c) The layout, design and security of bicycle facilities must comply with the minimum requirements of Australian Standard AS Parking Facilities Part 3: Bicycle Parking Facilities. The details must be submitted to and approved by the Principle Certifying Authority confirming prior to the Construction Certificate being issued. With regard to the residential visitor bicycle parking and non-residential customer parking, these spaces are to be provided in areas of the development that are more easily accessible by visitors to the property (rather than in the private car park as shown on Drawing No. A102 Rev C, titled Ground Floor Plan, prepared by Level 33 Architectural Division, dated 12 August 2015). Details of the revised locations of these visitor bicycle parking spaces are to be submitted to and approved by the Principle Certifying Authority prior to the issue of a Construction Certificate. (41) PARKING DESIGN The design, layout, signage, line marking, lighting and physical controls of all off-street parking facilities must comply with the minimum requirements of Australian Standard AS/NZS Parking facilities Part 1: Off-street car parking, AS/NZS Parking facilities Part 2: Off-commercial vehicle facilities and AS/NZS Parking facilities Part 6: Off-street parking for people with disabilities. The details must be submitted to and approved by the Principal Certifying Authority prior to a Construction Certificate being issued. (42) INTERCOM FOR VISITORS Where a boom gate or barrier control is in place, the visitor spaces must be accessible to visitors by the location of an intercom (or card controller system) at the car park entry and at least 4m clear of the property boundary, wired to all units. The intercom must comply with Australian Standard AS : Design for access and mobility - Enhance and additional requirements - Building and facilities Sections 22 and 23. (43) SECURITY GATES Where a car park is accessed by a security gate, that gate must be located at least 6 metres within the site from the street front property boundary. (44) ASSOCIATED ROADWAY COSTS All costs associated with the construction of any new road works including kerb and gutter, road pavement, drainage system and footway shall be borne by the developer. The new road works must be designed and constructed in accordance with the City s Sydney Streets Technical Specification including amendments and Sydney Streets Design Code.

17 (45) PROHIBITION ON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME - APPLICATION OF CITY OF SYDNEY PARKING POLICY All owners, tenants and occupiers of this building are advised that it is the Policy of Council that they are not eligible to participate in any existing or proposed Council on-street resident parking schemes. The owner of the dwelling must advise all intending owners, tenants and occupiers of the dwelling of this prohibition in writing at the time of entering into a purchase / lease / occupancy agreement. (46) SIGNAGE TO INDICATE NON PARTICIPATION IN RESIDENT PARKING PERMIT SCHEME Signs reading all owners, tenants and occupiers of this building are advised that they are not eligible to obtain an on-street resident parking permit from Council must be permanently displayed and located in prominent places such as at display apartments and on all directory boards or notice boards, where they can easily be observed and read by people entering the building. The signs must be erected prior to an Occupation Certificate being issued and must be maintained in good order at all times by the Owners of the building. (47) ACOUSTIC PRIVACY BETWEEN UNITS The development must be designed and constructed to satisfy the requirements of Sydney Development Control Plan 2012 acoustic privacy requirements. A report prepared by a suitably qualified acoustic professional must be prepared and submitted to the Certifying Authority prior to the issue of a Construction Certificate, and must be suitable referenced in the Construction Certificate documentation. The report must: (i) (ii) quantify the level of impact (noise at the exposed facades) from the normal noise of the area on the development; and identify acoustic mitigation measures to be incorporated into the building design to ensure compliance with the design goals contained within the Sydney Development Control Plan (c) The Certifying Authority (PCA) must ensure that the acoustic mitigation measures identified in the subject report are suitable incorporated into the development as erected prior to the issue of an Occupation Certificate. (48) REDUCTION OF NOISE FROM EXTERNAL SOURCES (RESIDENTIAL APARTMENTS) Prior to a Construction Certificate being issued, an acoustic assessment report prepared by a suitably qualified acoustic consultant must be submitted to and approved by the Certifying Authority demonstrating compliance with the requirements of the Sydney DCP 2012 in relation to acoustic privacy. The approved drawings and specifications for construction are to be in accordance with the requirements of the DCP.

18 In the preparation of the report: (i) (ii) (iii) The environmental noise monitoring at the site of the proposed development must 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; The repeatable maximum LAeq (1 hour) for the daytime period ( hours) and for the night time period ( hours) is to be identified, and The LAeq (1 hour) noise levels within living rooms and bedrooms with windows and doors both open and closed must be shown. (c) Prior to an Occupation Certificate being issued, a Compliance Certificate from a qualified, practicing acoustic engineer must be submitted to the satisfaction of the Principal Certifying Authority, certifying compliance with the condition. (49) ADDITIONAL REPORTING REQUIRED BASELINE ENVIRONMENTAL NOISE LEVELS A suitably qualified acoustic consultant* is to be engaged to undertake and provide a written report to Council on the following scope of work: A minimum of seven days long-term unattended noise monitoring is to be conducted in complete accordance with the NSW EPA Industrial Noise Policy (INP), being unaffected by extraneous noise and weather data to within the limits described by the Industrial Noise Policy. The following additional requirements are to be adhered to: (i) (ii) The location of the noise monitor is to be photographed and documented for the record. The monitoring location is to be representative of the quieter areas of the proposal, and encapsulate the shielding at ground levels from road traffic noise naturally afforded by the built environment of the area. Monitoring data is not to be affected by any construction noise. The monitoring location must be determined in consultation with Council s Area Planning Manager. (iii) A suite of baseline environmental noise statistics are to be reported, inclusive RBL A90 (both broadband and equivalent 1/1 octave band spectra), Period LAeq and repeatable highest L Aeq 1 hr levels. (iv) The consultant is to undertake a series of attended measurements at varying elevations to account for the general elevated levels of road traffic noise and commercial noise in the area from medium distance sources. The consultant is to report on whether the unattended data is adequate to represent this impact with justification or undertake and report on further unattended monitoring as they see fit.

19 A minimum of seven days unattended noise monitoring is to be conducted in proximity to the front boundary to encapsulate road traffic noise emissions as they will be incident on the future building site. The data will be analysed and reported on and must comply with the requirements of (i), (iii), (iv) above in addition to the following: (i) The following noise metrics will be reported on in accordance with the NSW Road Noise Policy and AS1055: a. The repeatable maximum LAeq (1 hour), traffic, and correlating i. LAeq repeatable 1hr L AMax day 15 hour and L Amax Night 9 hour, ii. iii. iv. L Aeq day 15 hour and L Aeq Night 9 hour, A suite of noise statistics. The consultant will provide distance corrections of the noise impact to the relevant levels of the building façade accounting for distance attenuation and façade exposure. Following the completion of the noise monitoring set out above, the written report is to be submitted to and approved by the Council s Area Planning Manager prior to the issue of Construction Certificate. This report is also to be approved by Council s Area Planning Manager prior to the satisfaction of condition 51 - Compliance with the Acoustic Report. *Note: Suitably qualified acoustic consultant means a consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustics Society, Institution of Engineers Australia or the Association of Australian Acoustic Consultants at the grade of member. (50) ADDITIONAL REPORTING REQUIRED ROAD & ENVIRONMENTAL NOISE, BUILDING FACADE IMPACT ASSESSMENT A suitably qualified acoustic consultant* is to be engaged to undertake and provide a written report to Council on the following scope of work: The worst case repeatable LAeq 1 hour noise levels and L AMax / L A1 sleep disturbance levels and any other environmental noise impact as associated with the use or the surrounding environment are to be reviewed to the satisfaction of the consultant. Following this, the consultant is to document relevant noise impacts to adequately describe the noise impact across the facades of the building for noise performance planning purposes and for review in the written report. The relevant design criteria in accordance with the use of the internal spaces will be reviewed and documented with regard the building façade, level, and space. The criteria will be determined in accordance with Section Acoustic Privacy of the Sydney Development Control Plan 2012 and Cls of the State Environmental Planning Policy (Infrastructure) 2007.

20 Note: For satisfaction of Cl101 in a commercial space, the design requirement will be that the worst repeatable L Aeq (1hour) achieves compliance with the relevant satisfactory level in AS2107. (c) Noise performance reduction requirements of the composite façade construction are to be reviewed and determined from the levels outlined as per and above. This is to be documented in the written report. Following the completion of the assessment set out above, the written report is to be submitted to and approved by the Council s Area Planning Manager prior to the issue of Construction Certificate. This report is also to be approved by Council s Area Planning Manager prior to the satisfaction of condition 51 - Compliance with the Acoustic Report. *Note: Suitably qualified acoustic consultant means a consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustics Society, Institution of Engineers Australia or the Association of Australian Acoustic Consultants at the grade of member. (51) COMPLIANCE WITH THE ACOUSTIC REPORT Where not in conflict with the requirements of part of this condition, all performance parameters, requirements, engineering assumptions and recommendations contained in the acoustic report titled Acoustic Report Aircraft Noise, Traffic Noise and Substation Noise, prepared by Acoustic Noise & Vibration Solutions P/L, referenced; Rev 1, dated 21 January 2015 and amended 20 May 201 must be implemented as part of the detailed design assessment and implemented into the design drawings prior to the commencement of the use of the premises in accordance with the requirements of and (c) below and to the satisfaction of the certifying authority. The requirements of part of this condition are to override any conflict with the above report. Prior to the issue of a Construction Certificate, the construction drawings and construction methodology must be assessed and certified by a suitably qualified acoustic consultant* to be in accordance with the requirements set out below. Specifically, the consultant is to prepare a written Acoustic Certification Report with reference to drawings, to the satisfaction of the Principal Certifying Authority which addresses the following requirements: (i) Facade construction methodologies will be to a written noise performance specification approved by the Council s Area Planning Manager in accordance with condition 50 - Additional Reporting Required Road and Environmental Noise, Building Facade Impact Assessment.

21 (ii) Environmental baseline noise levels approved by Council s Area Planning Manager in accordance with condition 49 - Additional Reporting Required Baseline Environmental Noise Levels will be those used by the consultant for establishing planning noise performance metrics such that the general noise emissions from the building will be controlled to comply with condition 52 - Noise General. Furthermore, the consultant is to prepare a summary report of how the development will comply with condition 52 Noise General for submission to and approval of Council s Area Planning Manager. This report must detail all identified noise sources assessed to ensure the development will comply with condition 52 - Noise - General. The report must identify all noise emissions sources and correlating noise contributions to the nearby noise sensitive receivers (including receivers within the development itself), and an overall emissions level that is predicted to comply with condition 52 - Noise - General. Note: Entertainment noise is to be reported on separately in accordance with part (iii) below. (iii) Sound Isolation Ratings of floors are to achieve a minimum performance specification of Ln,w + Cl 55 where they separate habitable rooms of residential premises. Habitable room is taken to mean the definition given in the NCC. Otherwise, the NCC or any superior written requirement affected through this approval will prevail. (c) Prior to the issue of an Occupation Certificate, a suitable qualified acoustic consultant is to provide a written Acoustic Verification Report to the satisfaction of the Principal Certifying Authority that the development complies with the requirements set out in the Report and in and above. *Note: Suitably qualified acoustic consultant means a consultant who possesses the qualifications to render them eligible for membership of the Australian Acoustics Society, Institution of Engineers Australia or the Association of Australian Acoustic Consultants at the grade of member. (52) NOISE - GENERAL The emission of noise associated with the use of the premises including the cumulative operation of any mechanical plant and equipment, and air conditioning shall comply with the following: (i) The L Aeq, 15 minute noise level emitted from the use must not exceed the project specific noise level for that receiver as determined in accordance with the NSW EPA Industrial Noise Policy. Noise must be measured in accordance with the Industrial Noise Policy and relevant requirements of Australian Standard AS Acoustics Description and measurement of environmental noise.

22 (ii) (iii) Project specific noise levels shall be determined by establishing the existing environmental noise levels, in complete accordance with the assessment L A90, 15 minute / rating L A90, 15 minute process to be in accordance with the requirements for noise monitoring listed in the NSW EPA Industrial Noise Policy and relevant requirements of Australian Standard AS Standard AS Acoustics Description and measurement of environmental noise. Modifying factors in Table 4.1 of the NSW EPA Industrial Noise Policy are applicable. An L Aeq,15 minute noise level emitted from the use must not exceed the L A90, 15 minute noise level by more than 3dB in any Octave Band Centre Frequency (31.5 Hz to 8 khz inclusive) when assessed inside any habitable room of any affected residence or noise sensitive commercial premises provided that; (i) (ii) (iii) (iv) (v) Where the L A90, 15 minute noise level is below the threshold of hearing, Tf at any Octave Band Centre Frequency as defined in Table 1 of International Standard ISO 226: Normal Equal-Loudness- Level Contours then the value of Tf corresponding to that Octave Band Centre Frequency shall be used instead. The L Aeq,15 minute noise level and the L A90,15 minute noise level shall both be measured with all external doors and windows of the affected residence closed; The relevant background noise level (L A90, 15 minute ) is taken to mean the day, evening or night rating background noise level determined in complete accordance with the methodology outlined in the NSW EPA Industrial Noise Policy and Australian Standard AS Acoustics Description and measurement of environmental noise. Background noise shall be established in the absence of all noise emitted from the use but with the ventilation equipment normally servicing the affected residence operating. Background noise measurements are to be representative of the environmental noise levels at the affected location. Modifying factors in Table 4.1 of the NSW EPA Industrial Noise Policy are applicable. Internal Noise measurements are not to be corrected for duration. (53) AIR CONDITIONERS No air-conditioning equipment is to be visible from the public domain. Equipment and associated wiring shall: Not be located on awnings or attached to the face of the building; Not be located on roofs in such a way that it is visible from any street, footpath or park;

23 (c) (d) Be visually screened if located 1.8m above ground level in other locations; Wiring shall be fully concealed. (54) DEMOLITION, EXCAVATION AND CONSTRUCTION NOISE AND VIBRATION MANAGEMENT PLAN A site specific Demolition, Excavation and Construction Noise & Vibration Management Plan shall be submitted to and approved by Council s Area Planning Manager prior to the issue of any Construction Certificate. The Plan must be prepared by a suitably qualified person who possesses the qualifications to render them eligible for membership of the Australian Acoustic Society, Institution of Engineers Australia or the Australian Association of Acoustic Consultants. The plan must include but not be limited to the following:- (c) (d) (e) (f) Identification of noise sensitive receivers near to the site. The proposed hours of all construction and work on the development including building/demolition and excavation work, and activities in the vicinity of the site generating noise associated with prepartation for the commencement of work (e.g. loading and unloading of goods, transferring of tools etc), in connection with the proposed development. A prediction as to the level of noise impact likely to affect the nearest noise sensitive receivers from the use and proposed number of high noise intrusive appliances intended to be operated onsite. A statement should also be submitted outlining whether or not predicted noise levels will comply with the noise criteria stated within the City of Sydney Construction Hours /Noise Code of Practice 1992 for the typical construction hours of 07.00am to 7.00pm. Where resultant site noise levels are likely to be in exceedance of this noise criteria then a suitable proposal must be given as to the duration and frequency of respite periods that will be afforded to the occupiers of neighbouring properties. A representative background noise measurement (L A90, 15 minute ) should be submitted, assessed in the vicinity of any potentially affected receiver locations and measured in accordance with AS 1055: Confirmation of the level of community consultation that has/is and will be undertaken with Building Managers/ occupiers of the main adjoining noise sensitive properties likely to be most affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases. Confirmation of noise monitoring methodology that is to be undertaken during the main stages of work at neighbouring noise sensitive properties in order to keep complaints to a minimum and to ensure that noise from site works complies with the noise criteria contained within City's Construction Noise Code.