Application number DA-585/2015 Site address 59-69 Oxford Street ...

Application number DA-585/2015

Site address 59-69 Oxford Street, Bondi Junction

Proposal Partial demolition of existing structures and construction of a new 12 storey mixed use development with basement car park, pub at ground floor, commercial space and residential units at first floor and residential units on all levels above

Date of lodgement 18 December 2015

Owner Hopetoun Kembla Holdings Pty Ltd, Rose Holdings Pty Ltd, Mr R Benscher, Mr P J Mangioni and Mrs A Mangioni, Ms D L Pembroke and Mr B H Rose

Applicant Rebel Property Group

Submissions 22 submissions to original plans, 7 submissions to amended plans

Cost of works $16,993,993

Issues Height, setbacks, heritage, excavation, views

Recommendation That the application be APPROVED

Site Map

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1. PREAMBLE

1.1 Site and Surrounding Locality A site visit was carried out on 29 January 2016. The site includes 5 properties including 4 (2 storey) terraces facing Oxford Street known as 63-39 Oxford Street, and the Mill Hill Hotel located on the corner of Oxford and Denison Street, known as 59 Oxford Street. The allotments are legally identified as Lots 1 to 5 in DP 229496 and combined have an area of 1127m2. The 4 terraces facing Oxford Street are heritage listed under the Waverley Local Environmental Plan. Estimated to be built around 1903-1908 the row of 4 terraces have elaborately decorated facades with tiled panels, horseshoe arches and twisted columns. Each terrace is painted a different colour and the style is described as a variation to Spanish Mission style. Studies have revealed that the westernmost terrace at the end of the row was demolished, estimated post 1950. Each terrace has a retail/commercial use and residential uses at first floor. The terraces vary in their condition with some upper levels habitated and less liveable able spaces used as storage areas for the commercial spaces below. Each terrace has ad-hoc additions to the rear and a large tree is located at the rear of 65 Oxford Street property with an expansive canopy covering the adjoining terraces and rear of the Mill Hill Hotel. Adjoining the site to the east is a mixed use development at 71-77 Oxford Street, which directly adjoins both the eastern and southern boundaries. Across the road from the site are mixed use buildings which are constructed or approved to be at the 38m height limit. The area is evolving, responding to the height and floor space uplift which occurred in gazettal of the Bondi Junction Local Environmental Plan 2010, superseded by the current LEP.

Figure 1: Subject site frontage

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Figure 2: View of the Heritage Listed terraces from Oxford Street.

Figure 3: Mill Hill Hotel, the site viewed from Denison Street.

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1.2 Relevant History

Over time various development applications, modification applications and complying development certificates have been issued for the 5 properties to accommodate the different commercial uses. None of these minor applications are of consequence to this DA. Detailed below is some of the recent history related to the scheme discussed in this assessment report.

Pre- DA Application A Pre-DA application was submitted for this site seeking advice in September 2015. The application was also referred to the SEPP 65 Design Review Panel for comments. The key advice provided in the application relation to;

Height and FSR Setbacks Heritage and architectural resolution Building use Apartment amenity and SEPP 65 Car parking and vehicular access Environmental matters

Current DA The subject DA was lodged in December 2015 and after preliminary assessment of the proposal the application was deferred in April 2016 to address the following matters which are summarised below: (the full letter can be viewed on Council's file)

(i) Setbacks Side setbacks of the proposed tower to the adjoining property at 71-77 Oxford Street were requested to be addressed with the Apartment Design Guide requirements as well as adjustment to the other side setback from Denison Street conceding that a variation to the 6m control can be considered provided that the objectives are met. The front setback of the tower form to Oxford Street was also is to align with the other setbacks in the street.

(ii) Pub and first floor use

Retention of heritage facades, balcony and front rooms of each terrace was requested as well as genuine use of the first floor terrace rooms (rather than used as a void). Also the basement was to be reduced so that the heritage buildings sit on their original foundations and are not compromised during construction. The second entrance to the pub within the eastern most heritage listed terrace was not supported and the details of location of the smokers terrace requested. Also, the first floor area directly above the pub was requested to be for a genuine commercial use, as required in the DCP to reduce residential/commercial conflicts and to facilitate floor space extending to the boundary to avoid the presentation of a false facade to the street.

(iii) Facade Treatment and Aesthetics

The design and detailing of the ground floor shop fronts, hotel entry and awning to be more closely based upon Federation shop front detailing (and associated signage). The podium street wall of the new part of the building is to be raised to match the datum/level of the top

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parapet of the heritage terrace (not the decorative elements that protrude above) to provide a continuous street wall. The DCP also requires that the facade of the podium be designed to reference the proportion (4m), scale, massing, articulation and aesthetics of the existing street facades. The break between the old terrace and new pub should be extrapolated up the tower of the building.

(iv) Internal layout

Various recommendations were made in response to the comments from the Design Review Panel relation to internal layouts, access to ventilation and light, as well as matters relating to privacy screening, overlooking and sun shading to manage heating and cooling. Comments regarding usability of common spaces in the ground an basement levels were also raised.

(v) Additional Information A wind report based on wind tunnel testing and energy assessment was requested in accordance with the requirements of the DCP. Matters relating to land contamination were also questioned. Also, the provision of an electrical substation was also questioned and details of the proposed 'over bonnet' storage proposed for residents in the basement parking area.

Most of the above matters have been addressed by the applicant and the architect has consulted with Council prior to finalising the final plans re-submitted to address the deferral matters. The matters which were not addressed are discussed within the body of this report.

1.3 Proposal The application seeks development consent for the partial demolition of existing structures (the 4 terraces) and construction of a new mixed use development with commercial and retail uses at ground and first floor and 60 residential apartments including;

Three (3) levels of basement car park. Commercial uses at ground level (intended for use a pub), including retaining the heritage

facades and front rooms of the terraces at 63-69 Oxford Street for commercial/retail use Commercial space at first floor level (including first floor of heritage terraces) and 3

residential units facing Denison Street Residential units from levels 3- 12 Roof top terrace with common open space

The development provides:

29 x 1 bedroom units 25 x 2 bedroom units 6 x 3 bedroom units 76 car parking spaces in the basement 460m2 of pub space at ground level 480m2 commercial/office space at first floor level 10 adaptable apartments

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Figure 4: Photomontage of the proposal

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2. ASSESSMENT The following matters are to be considered in the assessment of this development application under section 79C of the Environmental Planning and Assessment Act 1979 (the Act).

2.1 Section 79C (1)(a) Planning Instruments and Development Control Plans The following is an assessment against relevant legislation, environmental planning instruments, including State environmental planning polices (SEPPs), and development control plans.

2.1.1 SEPP (Building Sustainability Index – BASIX) 2004 A BASIX Certificate has been submitted with the development application for the residential component of the building. The BASIX Certificate lists measures to satisfy BASIX requirements are to be incorporated into the proposal. A standard condition is recommended ensuring the measures detailed in the BASIX Certificate are implemented.

2.1.2 SEPP 55 Remediation of Land A site contamination report prepared by Douglas Partners Report number 85212.01 dated December 2015 was provided to Council which noted that the site does not appear to have been used for contaminating activities and the potential for potentially contaminated groundwater from the offsite service station posing a vapour intrusion risk to the proposed development is considered to be low. The report states that the site can be made suitable for the proposed development subject to undertaking the soil sampling for waste classification purposes and groundwater sampling. This matter can be addressed as a condition consent and Council is satisfied that no further investigation is necessary at development application stage.

2.1.3 SEPP 65 Design Quality of Residential Flat Development Both the Pre-DA and formal Development Application was reviewed by the Joint Randwick/Waverley SEPP 65 Design Review Panel. The Panel’s comment of the proposed development with regard to the nine design quality principles under SEPP 65, as well as the Apartment Design Guide. A response from the DBU to each comment is set out in Table 1 below: Table 1: Assessment against the 10 Design Quality Principles under SEPP 65

Principle Panel’s Comment Planning Comment

1. Context & Neighbourhood

The Panel considers that the proposal presents very well when seen from the west along Oxford Street. Its well-proportioned, screened and modulated volume will be the first building seen approaching Bondi Junction centre, and has the potential to be a very positive introduction to this important block of Oxford Street.

The DBU had concerns regarding setbacks to Denison Street and the frontage to Oxford Street, however these matters were raised with the applicant and have been adequately resolved. This matter is discussed in the Issues section of this report.

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2. Built form & Scale

The first floor of the rooms behind the 19thC facade should be retained to enable them to be restored and the veranda used. It is also recommended that the “lost” or western bay of the original five bay façade be referenced or in some way replicated rather than inserting a large sheet of glass in its place.

The position of the lift and stair in the eastern heritage building providing an entrance to the pub is intrusive. The fabric and the spatial volumes need to be dealt with more sensitively.

The sizeable internalised ramp with toilet doors, the low to the function room above and the solid walls to the heritage buildings’ interior space are all undesirable planning. The Function areas above are too internalised and low. Visual connection to the street and use of the heritage balconies would be desirable. To this end it would be better to retain the floors in the heritage building and create a double height volume in the Function area.

The landscaped area to the north west of the Function space has some built form over it. This should be dotted on the drawing.

The current L1 units behind the heritage facades are too deeply recessed under the tower.

ADG minimum required distances from side and rear boundaries for a building of 9+ storeys is 12m. This needs to be clarified in relation to the 71-77 Oxford Street apartment building, solar access, privacy and

The amended plans address this matter, retaining the front rooms of the heritage listed terraces at ground and first floor level. The 5th 'lost' terrace to the west has been referenced by creating a visual break in the building which accommodates the pub entrance replicating the width of a terrace, visually separating the 'old' and 'new'.

The lift and stair has been moved more internally within the building with the eastern most terrace retained in its original form.

This matter has been fully addressed in the amended plans with the pub area proposed only at ground level and the first floor noted as commercial space for future fit out and division into smaller commercial/retail spaces. Importantly the first floor of the existing terraces will be retained as commercial spaces with retained historical detailing with access to the balconies.

The landscaped area at first floor has

been modified. Part of the landscaped area on drawing DA2004 should have roof shown dotted over the top.

The amended proposal only has 2 units on level one which are not recessed and form part of the street wall.

The side setbacks to the eastern side adjoining 71-77 Oxford Street have been modified to address the Apartment Design Guide standards. The proposal does not fully comply with the standards in the ADG,

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the alternative methods of screening provided. Less setback could be considered on merit and in relation to the DCP setbacks.

Lack of deep soil and loss of a substantial tree. A high density residential project should have some well located deep soil or area for a viable large tree to assist in the reduction of heat island effect and to increase amenity and privacy. This could be located in the south west corner of the site

The planted areas on the podium need to be more clearly demarcated as either private or communal space

A reduction in the basement

footprint and total numbers of cars is suggested. The heritage terraces need to sit on their original foundations, while it would be preferable to retain the tree. The planning of the basement (for example the ramp grade is much flatter than the maximum permitted grade, and the 2 end spaces in the n-e corner could be turned 90o, allowing the bike parking to be in the corner) should be able to be tightened to retain a similar number of cars, while avoiding the complete underpinning of the retained heritage fabric.

Is the loading dock and bin area

combined? Is the bin area directly off the kitchen?

however this matter is discussed i the issues section below.

Council's Tree Management Officer has reviewed the tree and given the zoning of the site and redevelopment in the area, it is considered unviable to reasonably require the retention of this tree. The ADG recognises that the location may have limited or no space for deep soil planting (ie. high density areas or in centres). Adequate landscaping is incorporated into the design of the building.

The landscaped areas on the podium

have been amended, and are noted to be communal. An updated landscaping plan is required for the amended plans.

The applicant has submitted advice

from a structural engineer which states that excavation underneath the heritage listed terraces without compromising the structural integrity. Council has sought independent advice on this matter. The design of the basement parking areas, however the footprint remains as originally proposed, which does not allow for deep soil planting. the number of parking spaces complies with the DCP. A traffic report has been provided assessing the impact of traffic, design of parking and loading facilities which have been assessed by Council's Manager of Traffic and Development.

The loading dock and bin area has been redesigned to be separate with residential and commercial waste separated also. The kitchen to the pub is now separated from the bin area.

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The large exhaust duct on the southern façade is a waste of building perimeter – it would be better inboard, with habitable space on the perimeter wall.

The Panel has no objection to the

minor exceedence of the height limit.

The car park exhaust has now been relocated to the middle of the building, off the southern wall.

The matter of the height non

compliance is discussed in the issue section below.

3. Density The Panel considers that the density has been well accommodated.

The proposal complies with the FSR controls in the LEP.

4. Sustainability Due to its articulated floor-plate and sound arrangement of dwellings, the proposal displays reasonable potential for effective passive design.

Ceiling fans should be provided in habitable rooms

Reasonable solar protection of windows is proposed. Window design should permit them to be left securely open for cross ventilation. Window operation should be indicated on the elevations.

The large façade exposures to the north and west are well treated with adjustable louvres and balconies.

The L2 floor plan is in the same plan as the floor above however unlike the upper floors it has no sun-shading. The use of tinted glass is not suitable for units as the glass becomes internally reflective at night. L2 planning needs to be adjusted or its façade treatment reconsidered.

The floor plates of the amended plans remain generally the same as the original plans, split into a 3 pod system.

Ceiling fans have been shown on the

plans in all bedrooms and living rooms.

Window operation, including secure access can be addressed a condition of consent to be included in the detailed construction certificate drawings.

The amended plans retain the

adjustable louvres to the balconies of the north and west facades.

The applicant has responded by noting that the upper parapet of the heritage terraces provide satisfactory privacy and sun shading measures for the units on level 2 facing Oxford Street and the units facing Denison Street are situated above the podium where it is not desirable to include additional sun shading elements that would reduce the visual, horizontal break between the tower form and podium. Also the upper parapet of the podium along Denison St provides appropriate privacy and share to the private open space areas. This is a satisfactory response to this matter.

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Opportunity to cross ventilate Unit Type D over or beside the entry door should be explored.

The type D central unit on all levels has been amended in response to creating the proportions of the '5th terrace' at ground level and extrapolating it up the building in accordance with Council's advice. The amended layout does not create any cross ventilation but does address the 'snorkel bedroom' which is raised as an amenity issue by the panel in the section below. Despite this type D unit not being cross ventilated, the development remains to achieve compliance with 70% of the apartments cross ventilated.

5. Landscape Landscape including deep soil and the potential for a retention / replacement large tree should be investigated. A curved driveway in the south east corner may create and opportunity for deep soil between the driveway and boundary.

The architectural drawings need to be coordinated with the landscape design.

The provision of street trees, particularly on Denison Street, should be discussed with Council.

This matter has been discussed previously in this table. The retention of the tree is considered unviable an onerous in this densely zoned area.

Agreed, updated landscaping plans

will be required as a condition of consent. The plans presented for the original scheme are considered acceptable in principle for the site.

The provision of planting on Denison Street in accordance with the Bondi Junction 'Complete Streets' will be recommended as a condition.

6. Amenity The more detailed requirements of the new ADG need to be fully considered in the design.

The proposal has potential for good amenity with the exception of the north facing units on L1 as previously discussed, and the south eastern units where private balconies will be overlooked and there is no winter sun access.

An assessment of the proposal against the ADG is contained later within this report.

The deeply recessed north facing

units at level 1 have been removed. The applicant has clarified the drawings showing a fixed screen on the screening to balconies on the S/E side of the building. Windows orientated away from the neighbours through architectural expressed windows with solid splayed walls to address privacy/overlooking. Despite these units not receiving direct sunlight, the development as a whole

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The window of the 2nd bedroom of the central north facing unit (Type D) needs to be visible from all areas of the habitable room (snorkel bedrooms).

The central west facing apartment may benefit from the plan being flipped to increase access to winter sun.

A series of additional windows could usefully be added on the south and east facades on all typical floors, following the model of the angled window in the s-e 1 bed unit;

The S/E 1 bed unit, an additional window facing s-w could be added to the bedroom

In the N/E 2 bed unit, an additional window in the vicinity of Bed 2’s wardrobe

In the S/W 2 bed unit, an extra splay facing S/E, which would be needed in any case to ensure proper cross ventilation to this unit

Unit Type F could have a window in the laundry and dining room for added ventilation.

Overlooking onto Unit 101 private outdoor space should be reviewed.

complies with the solar access requirements with 73% receiving 2 hours of sunlight.

This has been addressed with the re-design of the type D apartments on levels 2 to 12.

These apartments have been

redesigned to have the living areas closest to the eastern elevation to achieve the solar benefits.

A window has been added as

recommended This unit has been replanned to

provide a more generous side setback. The no of windows is acceptable.

This unit has been replanned and the S/W facing window in the bedroom provides adequate cross ventilation.

The laundry in this unit does not

adjoin an external wall. An additional window to the dining room would align with a window of the adjoining building, which is not a desired outcome.

This unit has been redesigned with overlooking from the unit above resolved.

7. Safety Window design for safety needs to be demonstrated to also comply with ADG requirements for ventilation. Window operation needs to be clearly shown on the drawings.

This matter can be addressed as a condition of consent.

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8. Housing Diversity and Social Interaction

The open-ended corridors and communal roof terrace would be very beneficial for interaction. Although An area of shade, communal facilities such as clothes lines and appropriate landscape design needs to be included for the roof area. The mix of unit types and sizes is also supported.

It is agreed that the development provides a generous mix of housing options including 1,2 and 3 bedroom units. The use of the roof top common open space is an emerging characteristic of the Junction and recognised as a suitable use of the space in such a high density area.

9. Aesthetics The form and façade treatment of the tower are well considered and explained in the DA Documents – except for Level 2 which is treated to be recessive but would be far more successful if it was actually recessed. =

The Panel highlights the need for a durable and characterful façade. However the design should not be dependent on too-frequent maintenance that would be a heavy impost on the Owner’s Corporation.

The Panel is not convinced that red brick is an appropriate finish for the walls of the ground and first floor of the podium (particularly at pedestrian and would like to see more information on precisely what is proposed.

Further details have been provided with the amended plans, including an undated photo montage showing how the 3rd level will appear recessive to the podium base below though change in materials, finishes and architectural detailing.

Details of the proposed materials and finishes, awning detail, and proportion of the windows and openings in the new part of the podium level is to required to be provided to Council's Heritage Architect and Urban Design consultants prior to the issue of a Construction Certificate.

SEPP 65 Panel Summary In the Panel’s opinion this is an excellent proposal that has the potential to be a fine introduction to the centre of Bondi Junction. Subject to a sighting of the proposed materials and finishes to be used on the podium and to the matters noted above being resolved to the satisfaction of the Council’s planner, the Panel does not wish to it review again until final façade detail review, if staged.

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Clause 6A Development control plans cannot be inconsistent with Apartment Design Guide Clause 6A of SEPP 65 requires that DCP’s cannot be inconsistent with the Apartment Design Guide (ADG) in respect of the following:

(a) visual privacy, (b) solar and daylight access, (c) common circulation and spaces, (d) apartment size and layout, (e) ceiling heights, (f) private open space and balconies, (g) natural ventilation, (h) storage.

If a development control plan contains provisions that specify requirements, standards or controls in relation to a matter to which this clause applies, those provisions are of no effect. DCP 2012 contains provisions in relation to the above criteria and as such, these provisions of the DCP no longer have effect. An assessment against the provisions within the ADG is provided in the table below and these controls have been deleted from Table 5 relating to the DCP as they are no longer relevant.

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Table 2: Assessment against the Apartment Design Guide

Part 3 - Siting the Development

Design Objectives and Guidance

Planning Comment

3F Visual Privacy Adequate distance separation between buildings *over 25m = 12m between habitable rooms 6m between non-habitable rooms

privacy measures should not compromise outlook & access to light & air

The development requires separation to the adjoining building to the east. Compliance with the ADG guidance would sterilise the site from development. The proposal does achieves at least a 8m separation to 71-77 Oxford St at the closest point, however the design of the angled windows ensures that there will be no direct overlooking in those areas. The south facing balcony to unit type F on all levels achieves an adequate separation of 12m between the glass of the adjoining property and the edge of the balcony, plus privacy screens are proposed on the edge of that balcony to address overlooking. This matter is discussed in the issues section below.

Part 4 Designing the Building

Design Objectives and Guidance Planning Comment

4A Solar and daylight access

70% of the apartments (living rooms & private open space) to receive 2 hours sunlight in midwinter

Max 15% of apartments receive no direct sunlight in midwinter

daylight access maximised where sunlight is limited

shading & gare control provided during warmer months

73% of the apartments receive at least 2 hours of sunlight. 15% of the apartments receive no direct sunlight in midwinter The type F south facing apartments have angled windows to gain light from the north and western aspects of the site. The north and western facing balconies have adjustable screens to provide shading and control glare.

4B Natural Ventilation All habitable rooms naturally ventilated,

single aspect apartments to maximise ventilation

Max cross ventilation in the development- at least 60%

All habitable rooms have natural ventilation. The single aspect type D unit and B apartments have a maximum of depth of 8m for the open plan living areas. 70% of the apartments are cross

ventilated 4C Ceiling Heights 2.7m habitable

2.4m non habitable 3.3m lower 2 levels of

mixed use buildings create a sense of space &

good proportion provide flexibility in the use

of the building life

All apartments on all levels have floor to floor heights of 3.05m, which provides space for services to achieve the 2.7m floor to ceiling height.

The ground floor has 4m and first floor 3.1m floor to ceiling heights.

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4D Apartment size and layout

Studio - 35m2 1 bedroom - 50m2 2 bedroom - 70m2 3 bedroom - 90m2 room depth - max 2.5m the

ceiling height open plan living max depth

8m from a window master bedrooms min 10m2 bedrooms min 9m2 bedroom dimension - 3m living rooms max width -

3.6m for studio & 1 bed, 4m for 2 & 3 bed

width of cross-over/ through apartments min 4m internally

All apartments meet the minimum sizes. The room depths are appropriately proportioned to the ceiling heights in the bedrooms The living areas have a maximum depth of 8m. The bedrooms have the appropriate minimum size and at least 3m depending on whether they are the master or second, or third bedroom. All living rooms have at least a 3.6m or 4m width, depending on their size. There are no cross through apartments in the

4E Private Open space and balconies

Studio - 4m2 1 bed- 8m2, depth 2m 2 bed - 10m2, depth 2m 3+ bed- 12m2, depth 2.4m located near living space, orientated to sun integrated into design of

building be safe

Unit type B on levels 3 - 8 do not comply with the 8m2 minimum for 1 bedroom units being 6m2. Unit type C and D on levels 3-8 do not comply with the 10m2 requirement for 2 bedroom apartments being 9m2 and 8m2 respectively. Unit type C and D on levels 9 to 11 do not comply with the 12m2 minimum requirement for 3 bedroom units being 9m2 and 8m2 respectively. This is discussed below.

4F Common circulation and spaces

max 8 apartments off a circulation core

max apartments sharing a lift is 40

safe & promote social interaction

The development proposes a maximum of 6 apartments off the circulation isle. Two lifts are proposed for the 60 units. The circulation core has open able glazing at each end.

4G Storage Studio - 4m3 1 bed- 6m2 2 bed - 8m3 3+ bed- 10m3 To be conveniently located

& accessible

Storage for each apartment is proposed within each unit as well as in the basement with an 'over bonnet' storage product, which are not considered to be conveniently located and accessible. This matter is discussed below.

The following is a detailed discussion of the main issues identified in Table 2 above in relation to relevant design criteria of the Apartment Design Guide (ADG).

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Visual Privacy The objective of the visual privacy controls in the ADG is to ensure adequate building separation distances are shared equitably between neighbouring sites, to achieve reasonable levels of external and internal visual privacy. For a building over 25m, the ADG requires a separation of 12m between habitable rooms and balconies and 6m between non habitable rooms. The design guidance also says that direct lines of sight should be avoided for windows and balconies across corners and no separation is required for blank walls. The development requires separation to the mixed use adjoining building to the east legally known as 71-77 Oxford Street. Strict compliance with the ADG guidance would prohibit the site from reaching its full development potential without exceeding the height limit. The plans have been amended to increase the setback to the adjoining property and have designed the building to not align windows with the adjoining building by providing limited windows and adopting angled windows which direct sight lines away from the common boundary, as well as obscure glazing to address the objectives of the control. The proposal achieves at least a 8m separation to 71-77 Oxford St at the closest point, however the design of the angled windows ensures that there will be no direct overlooking in those areas. The south facing balcony to unit type F on all levels achieves an adequate separation of 12m between the glass and the edge of the balcony, and 9m from the balustrades of each balcony, plus privacy screens are proposed on the edge of that balcony to address overlooking. Despite the non compliance, the proposal is considered reasonable with regard to visual privacy. Ceiling Heights The ADG requires that the ground and first floor levels of a mix use building have floor to ceiling heights of 3.3m to ensure that there flexibility in the use of the space over the building life. The ground floor of the proposal has 4m floor to ceiling heights complying with the control, however the first floor provides 3.1m floor to ceiling heights. Although not a control, figure 4C.1 states that a cafe or restaurant should have a 4m floor to ceiling height, therefore the ground floor intended to be used for a pub use complies with this specific control. The non compliance occurs for the first floor which only provides 3.1m, 200mm short of the control. The initial scheme provided to Council had the majority of this space nominated as residential accommodation, however was amended at Council's suggestion to comply with the Bondi Junction DCP controls which require retail uses at first floor, as well as ameliorating concerns regarding a pub use being located directly below a residential use. This in itself is an indication that the first floor, with a 3.1m floor to ceiling height can be flexible for future uses. In addition, the commercial and retail space will achieve adequate daylight access and natural ventilation, having access to both northern and western light. Despite the shortfall with the minimum ceiling heights for the first floor levels, the development is consistent with objectives under section 4C of the ADG.

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Storage The AGD objective 4G-2 states that additional storage is conveniently located, accessible and nominated for individual apartments. The design guidance states: Storage space in internal or basement car parks is provided at the rear or side of car spaces or in cages so that allocated car parking remains accessible. The applicant has provided a website with an example of the product proposed, a photo below. From the detail provided, it is not considered to a convenient storage solution, as a person attempting to access the container, would have to reach across the front of the bonnet to unlock the container and access belongings. This is a new mixed use development with no limits on the extent of excavation for basement parking and storage, therefore this storage arrangement is not supported and a condition is recommended requiring an alternative storage solution to be provided to Council for approval prior to the issue of a Construction Certificate.

Private Open Space/Balcony sizes All apartments are required to have primary balconies to enhance residential amenity. The size of the balconies is dependent on the type of apartment (studio, 1, 2 or 3 bedroom). The 1 bedroom units require a private balcony of 8m2 and Unit type B on levels 3 to 8 do not comply, providing only 6m2. In addition, Unit type C and D on levels 3-8 do not comply with the 10m2 requirement for 2 bedroom apartments being 9m2 and 8m2 respectively. Unit type C and D on levels 9 to 11 do not comply with the 12m2 minimum requirement for 3 bedroom units being 9m2 and 8m2 respectively. The shape of those non compliant balconies relate to the architectural language of the building. The ADG recognises that balcony design should be integrated into and contributes to the overall architectural form and detail of the building.

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All the non compliant balconies are located on the apartments which face the corner of Oxford Street and Denison Street and those which directly face Denison Street on the western elevation. The balconies located on the corner of Oxford Street and Denison Street are undersized a result of the amendment pursued by Council to set the building further back from the corner so that it is in alignment with the predominant front setback of the tower forms in Oxford Street. This has affected the balcony size, but overall has resulted in a better overall streetscape outcome for Oxford Street. Similarly, the non compliant balconies on the western elevation apartments have been a result of a visual break being created in the building to ease the massing of the tower on the western elevation to Denison Street. Where compliance cannot be achieved, the ADG recommends that increased communal open space be provided and it is agreed that the proposal provides more than sufficient common open space at both the podium level at the rear of the building and the roof, achieving not only this objective, but in accordance with the design guidance detailed in 4S of the ADG for Mixed Use buildings. Overall, the variation to the balcony sizes for some of the apartments range from 1m2-4m2, which is not considered a significant variation considering the quality common open spaces provided within the development. In addition, the amenity of each apartment is of a suitable standard, and the variations occur to be more compatible with the architecture, bulk and scale of the building. The development remains to achieve the objectives of the ADG controls and is accepted on merit.

2.1.4 SEPP (Infrastructure) 2007 The site is located outside of land identified as a ‘railway corridor’, ‘railway station’ or land affected by SEPP (Infrastructure) 2007. The site fronts part of Oxford Street that is not deemed a classified road. Further, the proposed development is not considered ‘traffic-generating development’ in accordance with Schedule 3 of SEPP (Infrastructure) 2007 as it contains less than 300 residential dwellings. SEPP (Infrastructure) 2007 does not apply to the application.

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2.1.5 Waverley Local Environmental Plan 2012 (Waverley LEP 2012) The relevant matters to be considered under the Waverley LEP 2012 for the proposed development are outlined below: Table 3: Waverley LEP 2012 Compliance Table

Provision Compliance Comment

Part 1 Preliminary 1.2 Aims of plan Yes The proposal does not contravene the aims of

the plan. Part 2 Permitted or prohibited development

Land Use Table B4 Mixed Use Zone Yes The proposal is defined as shop top housing, a

permissible use in the mixed use zone. Part 4 Principal development standards 4.3 Height of buildings

38m

No

The main structure of the building, predominantly complies with the overall 38m height limit at 38.82m at the highest point, with the plant and lift overrun standing at 41.72m, exceeding the control by 3.72m. This is discussed below.

4.4 Floor space ratio 5:1

Site Area: 1127m2 Permitted GFA: 5635m2

Yes

The development has an GFA of 5635m2 equating to an FSR of 5:1. This excludes the internal corridors which are not fully enclosed with fixed open louvres at each end.

4.6 Exceptions to development standards

See discussion

The applicant has submitted a written request pursuant to clause 4.6 of Waverley LEP 2012 to vary the height development standard. A detailed discussion of the variation to the development standard/s is presented below this table.

Part 5 Miscellaneous provisions 5.6 Architectural roof features

Clause (2) permits an architectural roof feature that exceeds or causes a building to exceed the height limits set by Clause 4.3 but with development consent/

Yes

The lift access to the common open space on the roof and the plant exceeds the 38m height limit. However the plant, lift to the common open space and covered area of the outdoor kitchen over the satisfies the considerations of part (a) in that the plant presents an decorative element to the building, and does not include any floor space (or potential floor space) and does not contribute to any overshadowing impacts. The common open space does not have any facilities which should be included in the plant.

5.9 Preservation of trees or vegetation

Yes

Subclause (3) does not allow the removal of a tree protected under the DCP without development consent. Council's Tree Management Officer has reviewed the hills weeping fig at the back of 65 Oxford Street and raised no objection to its removal. Further comments are in the referrals of this report.

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Provision Compliance Comment

5.10 Heritage conservation (4) Consider the impact of the proposal on the heritage item.

Yes

Council's Heritage Architect recommended that the front rooms at front and first floor be retained, with all existing original joinery and pressed metal detailing retained. All terraces are to be retained as retail spaces (ie. not an entrance to the pub). These fundamental issues have been addressed in the amended plans and conditions of consent are recommended to address all other heritage matters such as archival recordings, signage, colours and finishes.

Part 6 Additional local provisions 6.2 Earthworks

Yes

The application proposes 3 basement levels, excavated to a depth of about 8.5m. A geotechnical report was submitted with the DA which was a desktop study only and concluded that further investigations would be required to confirm ground conditions. There is concerns regarding excavation below the heritage terraces, and Council has sought an independent peer review that has concluded the excavation can occur safely whilst protecting the heritage items above, subject to specialised conditions. These are included in the recommended conditions of this report.

6.5 Active street frontages in the Bondi Junction Centre

Yes

The LEP requires both the Oxford Street and Denison Street frontages to be 'Active'. The Oxford Street frontage remains active with the terraces retained as retail space and the pub entrance. The Denison Street frontage has the entrance to the residential lobby and openings to see into the pub use. This is considered an improvement of the existing Denison Street frontage.

6.7 Solar access to public spaces in Bondi Junction Yes

The site does not have any solar impacts on Clemenston Park, Waverley Street Mall, Eora Park, Normal Lee Place or Oxford Street Mall.

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Exceptions to Development Standards Council is able to grant consent to a development that contravenes a development standard of Waverley LEP 2012 having regard to the provisions of clause 4.6 of Waverley LEP 2012 and considering a written request by an applicant to vary such development standard. The heads of consideration under clause 4.6 of Waverley LEP 2012 for a development varying a development standard are as follows:

Clause 4.6(3) (a) - that compliance with the development standard is unreasonable or unnecessary in the circumstances of the case

Clause 4.6(3)(b) - that there are sufficient environmental planning grounds to justify contravening the development standard

Clause 4.6(4)(a)(iii) - the proposed development will be in the public interest because it is consistent with objectives of the particular development standard and the objectives for development within the zone in which the development is proposed to be carried out.

Clause 4.6(5)(a) - whether contravention of the development standard raises any matter of significance for State or regional environmental planning

Clause 4.6(5)(b) - the public benefit of maintaining the development standard

Clause 4.6(5)(c) – other relevant matters. Clause 4.3 Height of buildings The site has a maximum height of 38m under the provisions of the LEP. The proposal predominantly complies with the control, however the building proposes:

38.82m to the uppermost parapet which is 0.82m over the maximum, 2% variation 40.12 m to the top of the plant room and pergola over the common open space which is

2.12 over the maximum, a 5.5% variation 41.72m to the top of the lift overrun which is 3.72m over the maximum, a 10% variation

A written request pursuant to clause 4.6 of Waverley LEP 2012 has been made, seeking to vary the development standard. The justification presented in the written request is summarised as follows:

The height of the proposal results in a minor exceedance in building height limit by 0.82m to 3.72m of the 38m height limit. The plant and lift overrun attributes to the highest points of the building and sited towards the central portion the floor plate which mitigates the extent of impact.

Taking into account the particular circumstances of this development, strict compliance with the numerical standard in this instance is both unreasonable and unnecessary owing to the following:

The proposal is consistent with the objectives of the development standard as provided in clause 4.3 (1) of the WLEP 2012.

The visual impact of the additional height is negligible.

The sunlight loss attributed by the additional height is insignificant.

The development provides higher densities in a strategic centre that has an employment function and is highly accessible in terms of public transport and services. The development will contribute towards achieving Council’s housing targets in the most appropriate location of the local government area.

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The SEE demonstrates that there are no significant impacts associated with the proposed development, particularly since there is no solar access or privacy impacts on nearby properties or the public domain as a result of the height variation.

Based on the reasons outlined above, it is concluded that the request is well founded and that the particular circumstances of the case warrant flexibility in the application of the development standard.

The consent authority must not accept a variation under Clause 4.6 unless the applicant has adequately addressed subclause (3) and must also consider whether the proposal will be in the public interest because it is consistent with objectives of the development standard and applicable zone (which is subclause 4). In consideration of the above, it is agreed that the height variation to the parapet will not be visually obvious from the public domain, and would not result in the building appearing out of context with the street. Strict adherence with the control would have no visual benefit to the streetscape. Similarly, the lift overrun and plant room being located within the middle of the tower form will not be visually obvious from the public domain. It will be visible from other buildings within the vicinity, however this inevitable in a dense, town centre and has reciprocal impacts. The plant is proposed to be suitably screened to improve the aesthetic from neighbouring tall buildings. It is also accepted that the plant room and lift overrun will have negligible overshadowing impacts being located in the middle of the tower form and the impact would be a lengthened shadow being captured within the existing shadows of existing development and new development approved within the vicinity. A pergola is also proposed over the common open space on the Western side of the building, near the Denison Street frontage, however the visual and shadow impacts are considered similar to that discussed above. During the notification period, Council has received submissions noting a loss of view from the adjoining residential flat building to the east at 71-77 Oxford Street. Those views are across a side boundary and do not result from an exceedance in height from the residential flat building itself, nor FSR as a fully compliant building would also obscure those views. This is discussed in further detail later in this report, but in consideration of Clause 4.6 is not unreasonable. In consideration of the objectives of the zone and the height development standard, the proposal is considered not to be against the objectives and in particular, objective (d) which is to ensure that buildings are compatible with the height, bulk and scale of the existing character of the locality and positively compliment and contribute to the physical definition of the street network and public space. The building is commensurate with the height, bulk and scale of the existing and proposed mixed use buildings within the vicinity and with other emerging development in the area. Indeed, other new mixed use buildings within the area have allowed for other breaches to the height limit for plant equipment, lift overruns and common open space areas. It is considered that there are sufficient environmental planning grounds to justify contravening the development standard for the ancillary plant equipment, lift and common open space uses and a variation to the development standard in this instances would not be against the public interest because it is consistent with objectives of the development standard and applicable zone.

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2.1.6 Waverley Development Control Plan 2012 - Amendment No 3 (Waverley DCP 2012)

The relevant matters to be considered under the Waverley DCP 2012 for the proposed development are outlined below: Table 4: Waverley DCP 2012 – Part B General Provisions Compliance Table

Development Control Compliance Comment

1. Waste

Yes

A waste management plan was submitted with the original plans, however the plans have had a minor amendment regarding the waste storage rooms. The plan is satisfactory in principle, however an amended waste management plan which corresponds with the approved plans will be required as a condition of consent.

2. Energy and water conservation

Yes

The applicant has provided BASIX certificates for the residential components of the development, as well as an Energy Assessment Report in accordance with the DCP. The Energy Assessment Report has been independently reviewed and whilst the report indicates that the development can achieve a 30% reduction, it lacks supporting evidence of the modelling used and whilst referencing good practice principles, which have not been included in the DA documentation. A condition of consent is recommended to ensure that the 30% greenhouse gas reduction is achieved.

5. Tree preservation

Yes

Council's Tree Management Officer has reviewed the hills weeping fig at the back of 65 Oxford Street and raised no objection to its removal. Given a suitable replacement is not proposed on site, street tree planting is to be provided on the Denison Street footpath area in accordance with the Public Domain Manual.

6. Stormwater

No

The stormwater plans submitted have been reviewed and do not comply with the Water Management Technical Manual, however this matter can be addressed as a condition of consent.

7. Accessibility and adaptability

Yes

10 Adaptable units are proposed, specifically units 205, 305, 405, 505, 605, 705, 805, 904, 1004 and 1104, complying with the requirement for 10% of the total development being adaptable. An access report was submitted with the amended plans which concludes that the current design is capable of compliance with the DTS requirements of the BCA and AS4299-1995 for Adaptable Housing subject to the recommendations of the report.

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8. Transport Car parking Apartments: 60 Retail/Pub: 460m2 Commercial/office: 480m2

Bicycle Parking Motorcycle Parking Loading Bay Urban Design

Yes

No

Yes

Yes

No

61 resident spaces (min 0, max 69 permitted) 13 residential visitor spaces (12 required) 4 retail spaces (min 0, max 10 permitted) Total: 78 car parking spaces The Bondi Junction zone allows for nil parking for the development (apart from resident visitor parking) and the development is within the maximum of 91 car parking spaces. 60 resident bike spaces are required ( 1 for each unit) - The traffic report & SEE & plans are all inconsistent. Inadequate justification has been provided and therefore a condition is recommended to ensure that 60 resident bike spaces are provided within the basement. In addition 6 visitor bike spaces are to be provided (10% of dwellings) which can be provided in the residential lobby. 6 bikes spaces are also required to be provided for the commercial/retail component of the development. 3 motorcycle spaces are required for every 15 car parking spaces. 17 motorcycle spaces have been provided in the basement (only 15 are required). A loading bay has been provided for the development, complying with the DCP, which requires 400m2 of retail GFA. The proposal incorporates stacked car parking spaces within the basement levels, however the DCP states that vertically stacked parking is only permitted where such constraints prevent full provision of conventional parking. The applicant has failed to justify a variation to this control, therefore stacked parking is to be removed, via condition of consent.

9. Heritage

Yes

Council's Heritage Architect has been consulted in the assessment of the development application, and the recommendations regarding the retention of the facades and front rooms of the heritage terraces have been incorporated into the amended plans. Conditions are recommended to address other aesthetic and heritage conservation issues.

10. Safety

Yes

The building has been designed to provide casual surveillance over the street. The building entrances are visible and the development satisfies this section of the DCP.

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Table 5: Waverley DCP 2012 – Part C2 Multi Unit and Multi Dwelling Housing Compliance Table


2.4 Excavation No fill to raise levels Minimum setback of 1.5m

from side boundaries Under building footprint

except main access ramp Basements no more than

1.2m out of the ground Geotechnical report

required when > 3m in depth or 25% slope

Excavation is proposed to all boundaries as deep soil planting either side of the site is not characteristic of development within the Bondi Junction area. A geotechnical report has been submitted and this has been independently reviewed. Concerns were raised regarding excavation underneath the heritage listed terraces, however this has been resolved as the peer review concludes. Details of this are explained at Section 3 of this report.

2.5 Setbacks - See controls in Part E1 2.6 Length and depth of buildings - Superseded by ADG controls 2.7 Building separation - Superseded by ADG controls 2.8 Building design and streetscape Respond to streetscape Sympathetic external

finishes

Yes

It is considered that the proposed development is a suitable response to the site context, surrounds and adequately addresses the heritage significance of the site. This is discussed further in the discussion of design excellence and in Part E1 relating to Bondi Junction area.

2.10 Vehicular access and parking - Superseded by ADG controls 2.11 Pedestrian access and entry Entry at street level Accessible entry Legible, safe, well-lit

Yes The residential entrance to the building is via Denison Street, retaining the retail activity to Oxford Street. The entrance is legible, safe and accessible.

2.12 Landscaping - Superseded by ADG controls 2.14 Private open space - Superseded by ADG controls 2.15 Solar access and overshadowing - Superseded by ADG controls 2.16 Views and view sharing Minimise view loss

Yes Objectors from the adjoining building have raised objections to the proposal citing a loss of view. This matter is discussed further below.

2.17 Visual privacy and security - Superseded by ADG controls 2.18 Apartment size and layout - Superseded by ADG controls 2.19 Ceiling heights - Superseded by ADG controls 2.20 Storage - Superseded by ADG controls 2.22 Acoustic privacy - Superseded by ADG controls 2.23 Natural ventilation - Superseded by ADG controls 2.24 Building services Services occupying up to

20% of the roof may project above building envelope, but must have a minimum of 2m setback

Yes The services on the roof occupy less than 20 % of the roof area and are set at least 2m from the edges of the building.

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Table 6: Waverley DCP 2012 – Part D1 Commercial and Retail Development Compliance Table


1.1 Design 1.1.1 Frontages Yes Each shopfront of the development comprises

sufficiently sized and proportioned glazed openings that will promote active street frontages, however the heritage listed terrace frontages require some refinement and this is included as a condition.

The architectural plans do not indicate that roller shutters will be installed across the shopfronts and a condition of consent is recommended to prohibit the installation of roller shutters over the life of the development.

The development provides for awnings over the footpath areas of Oxford Street and Denison.

1.1.2 Lighting Yes While lighting of the exterior and interior of the proposed development has not been detailed in the application, it is expected that the commercial and retail premises will be adequately lit. A condition of consent is recommended to require the underside of the awnings to comprise lights.

1.1.3 Amenity Yes The proposed development includes sufficient facilities to cater for the future use of its retail and commercial premises, specifically the provision of cooking exhaust ducting and toilet facilities for the retail premises. The commercial and retail premises have adequate space for further mechanical equipment and other facilities to be retrofitted in order to avoid equipment and facilities being installed outside of the building envelope of the development.

1.2 Noise N/A Operational matters relating to the specific use of

the commercial and retail premises of the development would be subject to separate applications in order to assess the noise impacts of the premises of the development upon surrounding properties. On this occasion, section 1.2 of Part D1 of Waverley DCP 2012 does not apply to the subject application.

1.3 Hours of operation N/A The hours of operation for each retail and

commercial premises of the development would be subject to separate applications for the use and fit-out of the tenancies.

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1.4 Restricted premises N/A The specific use and operation of the tenancies

are unknown at this stage, and therefore section 1.4 of Part D1 of Waverley DCP 2012 does not apply to the subject application.

Table 7: Waverley DCP 2012 - Part E1 Bondi Junction Compliance Table


1.2 Urban form 2 storey shop front

facade on Oxford St and Bronte Rd

6 storey wall on other streets

Tower to be setback from street edge

Slender tower

Yes The proposal provides a 2 storey shop front facade to Oxford Street, retaining the heritage terraces at 63-69 Oxford Street. The two storey facade is carried around the corner to Denison Street, rather than providing a 6 storey street wall, as this would not provide a better design outcome. The tower is setback from the street wall below. This is discussed below.

1.3 Building use Oxford Street is a primary shopping street Denison Street is a secondary shopping street

Yes The ground floor is proposed as retail space and the first floor predominantly as commercial space. Two residential units are proposed at the southern end of the Denison Street frontage which is accepted, given this is identified as a secondary shopping street. The residential entrance is less than 30% of the frontage to Denison Street.

1.4 Subdivision Design of buildings is to interpret the small lot subdivision pattern on street i.e. 6m grid

Yes The heritage terraces at 63-69 Oxford Street are retained and a glass bay is provided between the existing terraces and new part of the development to replicate the missing terrace. The facade of the new part of the building (the pub) provides a satisfactory reference to the subdivision pattern.

1.5 Heritage and buildings of historic character 1.5.1 Buildings of historic

character

Yes The front rooms of the heritage terraces are to be retained and restored at ground and first floor level in accordance with the DCP. The new part of the building aligns with the parapet of the heritage terraces and is considered sympathetic with regards to proportion, however a condition is recommended to address the openings to the street to respond to the verticality of the terraces. Conditions are recommended with regard to finishes, archival recordings and other heritage matters.

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1.5.2 Street with heritage and buildings of historic character

Yes The proposal complies with the design guidance of this part of the DCP providing a 2 storey facade to match the heritage terraces, with balconies recessed behind the street wall and satisfying the controls of Part 1.4.

1.6 Active street frontages Primary Shopping Street Secondary Shopping Street

Yes

No

The proposal provides an active frontage to Oxford Street, the primary shopping street. Not more than 10% of the frontage is a blank wall or service area. The secondary street to Denison Street contains the residential and commercial entrance and service areas, with no retail uses fronting to the street which is contrary to the DCP controls, this however is considered acceptable on merit, as the existing building does not have retail uses fronting this street.

1.7 Street alignment and front setbacks Tower Setback from podium - 6m

No

The tower is setback to Oxford Street is staggered given the curved form of the building being 6m at the eastern end of the building and 5m at the western end of the building near the corner. This is discussed in the Issues section below. The Denison Street setback is also required to be 6m, however this has been proposed at 2m and is discussed in the Issues section below.

1.8 Separation -- Superseded by ADG controls 1.9 Side and rear boundary setbacks Side setbacks are determined by the distance separation controls Rear setback 12m.

No

No

The proposal does not comply with the distance separation controls and this is discussed in the Issues section below. The proposal has a 6m setback and this is also discussed in the Issues section below.

1.10 Building footprint Commercial block edge form : 100% site coverage is

allowed Residential tower forms: Dwelling no greater in 8m

depth from source of light

Yes

Yes

The ground floor has 100% site coverage as envisaged by the control. The tower form has been designed in a 3 pod format to allow each apartment to have a source of light.

1.11 Building orientation Block edge to address

street No blank walls to public

streets. bathroom and ancillary

room windows to side boundaries.

Yes

The block edge form addresses Oxford and Denison Street. Similarly, the tower form is orientated to these streets also to address potential amenity impacts to adjoining properties. Ancillary windows are orientated to the rear and western facades to address impacts and provide a better facade to the public domain

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1.12 Number of storeys 8 storeys with 6 storey block edge with 2 storey form over

No

This DCP control is consistent with the controls for buildings with historic character which require a 2/3 block edge/podium and is of no relevance. This control in the Bondi Junction area has been abandoned in recent decisions as it has no merit.

1.13 View, vista and tree preservation No building is to build into or on a street view corridor

Yes The front setback has been adjusted in the amended plans to retain a view corridor down Oxford Street.

1.14 Open spaces at the street front Not encouraged for

private buildings Yes

No open space is provided that front of the building.

1.15 Design excellence The development is to exhibit design excellence

Yes This matter is discussed in more detail in the issues section of this report.

1.16 Building elevations Refer to general controls and Figures 25 and 26

Yes The elevations do not consist of blank walls and have adequate openings to provide natural ventilation and an acceptable visual impact on the area.

1.17 Awnings and colonnades Height range of 3.2m -

4.2m To step with topography Provide lighting and be

consistent in appearance

Yes

Awnings are proposed on both Oxford and Denison Streets in accordance with the DCP and is within the height range and is proposed to step with the topography of the land.

1.18 Public art in the private domain Public art should be provided within the development.

No

The applicant states that they do not intend to public art in the private domain.

1.19 Designing buildings for flexibility Yes

The lift, stair and service area is concentrated to a central location to the rear of the building

1.20 Ceiling heights- Superseded by ADG controls 1.21 External living areas - Superseded by ADG controls 1.22 Wind mitigation Wind tunnel study is

required for buildings over 9 storeys.

Yes

A report prepared by 'Windtech' was provided to Council assessing the wind conditions which result from the proposed development, the report concludes that with the recommended wind treatments (which include screening, landscaping) the wind conditions for all outdoor trafficable areas within and around the proposed development site are expected to be suitable for their intended uses.

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1.23 Reflectivity Mitigate reflective

surfaces to a maximum of 60% of facade surface area above ground level

Report required for buildings with high levels of glazing.

No

The applicant has noted that " An appropriate proportion of solid and glass is proposed", however has provided no further commentary regarding whether the proposal meets the requirements of the DCP. In this regard, a reflectivity report will be required to be submitted as a condition of consent to ensure that the development complies with the DCP criteria.

1.24 Roller shutters Prohibited on shopfronts Yes This mater can form a condition of consent. 1.25 Outdoor advertising, signage and structures Design location,

proportion, colour , illumination and number of signs are to be integrated into design of building, streetscape and be safe for pedestrians and traffic.

Yes No signage has been proposed however a signage strategy plan will be requested as a condition of consent prior to the issue of an occupation certificate to ensure that signage is sympathetic to aesthetics of the development, importantly the heritage terraces.

1.26 Access and movement 1.26.2 Vehicular and service

access to lots Yes The vehicular access is provided to Denison Street

in accordance with the DCP and is separate to the pedestrian access. The vehicle crossing width is to be determined by the Manager of Traffic and Development.

1.26.4 On-site parking Yes Parking is located wholly underground, within the building footprint. Line marking and accessible spaces are to be addressed as conditions of consent.

Setbacks and Distance Separation Front setback The DCP requires the tower from to be setback 6m from the 2 storey podium below on the Oxford Street frontage. The relevant objective for the front setback control in the Waverley DCP 2012 is in Clause 1.7 (c) To create consistent and unified building elevations along streets The building is architecturally divided into 3 'pods' and the pod closest to the comer of Oxford Street and Denison Street is located 5m from the Oxford Street frontage, proposing a 1m variation to the 6m setback control. This site is the 'book end' of the block form which extends from Newland Street to the east and Denison Street to the west which have a mixed use zoning with building controls of 38m and 5:1 and provides a transition to blocks to the west of the site which have lower building envelope controls of 12.5m and 1.5:1.

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The building therefore reads with the streetscape of the properties to the west. The applicant argues that the irregular front boundary, on an angle results in the existing buildings to the east of having irregular setbacks and that the 5m setback to the 'corner' pod will not have a visual impact on the streetscape. Also, the SEPP 65 Design Review Panel saw that the building could come closer to the front boundary, however the DBU disagree with this point of view. Upon reviewing the angled setback of the front boundary, it is agreed that the staggered setback between the pods is subtle and the architectural break created through the whole building is considered to achieve the objective of the control. Also, the modified setback will still maintain an acceptable view corridor down the street, a clear delineation between the podium and tower form and appropriate pedestrian scale, and is therefore accepted on merit. Rear Setback The property provides a 'rear' setback to the southern boundary of 6m which is in accordance with the advice provided by Council. It is recognised that the directly adjoining southern allotment forms part of the building to the east (71-77 Oxford Street) and is unlikely to be developed, given that site is assumed to exhausted its development potential already, therefore leaving 6-8 and 10 Denison Street the last development site in the direct vicinity. The applicant undertook a study of potential building footprints of the adjoining site (6-10 Denison Street) and it was resolved that a 6m setback to the rear boundary, with the 12m wide allotment to the south would appropriate distance separation between the site and potential development on the corner allotment 6-10 Denison Street. Western Setback ( to Denison Street) The tower setback to Denison Street was a contentious component of this design. The DCP controls call for a 6 storey street wall and 6m tower setback for a portion of the Denison Street frontage, whilst the Oxford Street frontage of the site calls for a 2 storey street wall with 6m tower setback. The design of the building was subject to detailed consideration by the applicant's architect, Council's Urban Design experts and the DBU. In consideration of the future of Denison Street it is considered inappropriate to require a 6 storey street wall for a portion of the Denison Street frontage, and it was agreed that the site should main a 2 storey street wall to provide a podium with a consistent scale to Oxford Street as it wraps around the corner and maintain appropriate proportion to the tower above. With regard to the tower setback, the DCP requires a 6m setback from the edge of the podium/street wall. From the analysis provided by the applicant's architect to Council, it has been demonstrated that the proposed 2m setback maintains to achieve the objectives of the control, despite the non compliance. Those relevant objectives (a) (d) and (e) are quoted below: (a) to create consistent and uniform building elevations along streets (d) to improve the quality of the public domain (e) to ensure building faces create a human scale to the street The applicant argued that the architectural treatments proposed for the development will achieve these objectives. This is demonstrated in the photo montage provided by the applicant and at Figure 4 in this report. Also, consideration must be given the appropriate tower setback for the site

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to be redeveloped at 6-10 Denison Street, and it was agreed that a 2m setback could be entertained on the proviso that a visual break be created in the building to Denison Street, which has been provided between unit type B and type D. To accentuate this visual break and provide visual interest to the Denison Street, green walls are proposed on the side walls of each of the inset balconies to unit type B and D on each level. Whilst the Denison Street tower setback does not strictly comply with the DCP controls, in consideration of the context of the site, future re-development of the eastern side of Denison Street, the applicant's architect has successfully argued an acceptable architectural resolution to the building in order to reasonably achieve the objectives of the control. Eastern side setback (to 71-77 Oxford Street) The Apartment Design Guide controls for distance separation supersede the controls in the Waverley DCP. The development requires separation to the adjoining building to the east at 71-77 Oxford Street. This has already been discussed earlier in this report. The purpose of the distance separation controls is to ensure reasonable levels and internal visual amenity. For a building over 25m, 12m is required between habitable rooms and balconies and 6m between non habitable rooms. To apply strict compliance with the ADG distance separation controls for this site would deny the site from reaching its full development potential. It also recognised that the site is constrained by the adjoining building at 71-77 Oxford Street having small side setbacks, less than the current controls allow. It is therefore considered reasonable, that with sensible design, that a varied setback to the common boundary which is similar to the setback of the existing building at 71-77 Oxford is not unreasonable (as the setbacks would be reciprocal), provided that the impacts are appropriately ameliorated. Looking at the relationship between the buildings more closely, the proposal does achieve at least a 9m separation to 71-77 Oxford St at the closest point at the rear of the building where the balcony of unit type F will align with the balcony of the adjoining eastern building. Privacy screens however are proposed at the corner of the balcony to prevent direct overlooking to that property. Apart from those balconies, there are no other primary windows or balconies which directly face that adjoining property. There are secondary windows proposed however those windows are designed to be angled to re-direct views away from the adjoining property. It is unfortunate that the building at 71-77 Oxford Street has been designed in a manner that has primary windows and balconies to units directly facing the western property boundary which is against the current planning controls. However, the building has been designed to address the existing context so that the primary windows of each unit does not face the adjoining tower at 71-77 Oxford Street, but to the front and rear of the site, to avoid overlooking and privacy impacts. It is therefore considered, that despite the non compliance with the control that the amenity impacts are not unreasonable. It is noteworthy that the ADG distance separation controls do require consideration of solar access and overshadowing to adjoining properties as it focuses on the amenity of development itself. Council's controls in the Waverley DCP Part C2, Clause 2.15 require that new development not reduce the solar access of adjoining properties to less than 2 hours per day in mid winter. In this

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regard, for a residential development in high density areas it is recognised that not all apartments will achieve 2 hours of direct sunlight, with 70% of the apartments in a building, the accepted benchmark. The western elevation of the adjoining building at 71-77 Oxford Street will be affected by overshadowing in the afternoon between 1pm and 3pm and the applicant has provided an analysis of the additional shadowing which results from the variation to the side setbacks. The analysis reveals that the additional shadow cast is not significant to warrant strict compliance with the control. The adjoining building has had the benefit of being located next to an underdeveloped site and overshadowing to that building is inevitable, as surrounding sites are redeveloped to their full development potential.

Views Properties within the adjoining mixed use development to the east of the site have noted a loss of view from the proposed development. Photos were provided by objectors and analysis was undertaken using Council's 3D modelling program. The views obtained are over the subject site to the west to the city skyline and are obtained from windows and balconies on the western side of the building at 71-77 Oxford Street. The DCP Part C2, Clause 2.16 requires consideration against the 4 principles established in the planning principle of Tenacity Consulting v Warringah Council [2004] NSWLEC 140). Principles 1 and 2 are established above. The third and fourth step is to consider how significant the loss is and whether it is reasonable. The view loss is considered significant as the apartments which currently have views over the site to the city will lose that view. However that view is over a side boundary, which the principle establishes that is often unrealistic. The fourth consideration is to assess the reasonableness of the proposal that is causing the impact, noting that a development that complies with all planning controls would be considered more reasonable than one that breaches them. In consideration of the matter of compliance, the proposed development breaches the height development standard, but only the top of the parapet and plant and lift overrun and the merits of this has been discussed in the consideration of Clause 4.6 earlier in this report. The main bulk of the building will comply with the 38m height control. However even if the development complied with the 38m development control, the views from those adjoining units would still lose this view to the city, as that affected building is below the 38m height limit for the site (at least 1 level). The loss of view therefore would occur even if the height of the building was fully compliant. The diagram below shows the relationship between the two buildings.

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The adjoining building at 71-77 Oxford Street has enjoyed these views over the side boundary as a result of the subject site being underdeveloped, siting at 2 storeys versus the objectors 10 storey building. The site does have the benefit of retaining a retain a view corridor down the rear of the subject site, where the 'finger' land parcel facing Denison Street was acquired by the building at 71-77 Oxford Street. Whilst this loss of view is unfortunate, changes in view corridors is inevitable in the Bondi Junction area which is undergoing change as many sites are being redeveloped to respond to the up lift in zoning ratified in the Waverley LEP 2010. In light of the above, in consideration of the planning principle, the proposal is not unreasonable with respect to view loss and therefore not a matter for refusal of the application. Design Excellence and Urban Form The design of the building has been amended since first submitted to Council. The main issues are discussed below and are considered to be resolved either by design or condition. The front tower setback has been increased to provide a staggered 5m to 6m setback to Oxford Street (increased from 3.5m on the corner). The side setbacks to the adjoining eastern boundary adjoining 71-77 Oxford Street has been increased to provide a reciprocal setback to the common boundary to improve amenity between the buildings. The first floor area on the corner of Oxford and Denison has been amended to be provided genuine floor space to allow passive surveillance to the street and a solid podium base to the building, rather than providing an unsuccessful false facade/parapet walls which has been demonstrated on other sites to not positively contribute to the streetscape. The first floor was also amended to provide commercial space in accordance with the DCP.

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The podium street wall of the new part of the building was raised to match the datum/level of the top parapet of the heritage terrace to provide a continuous street wall and cohesive streetscape presentation. A 'glass box' element is proposed to the west of the heritage terraces to acknowledge the existing terrace in the row which was removed, which provides a clever transition between the 'old' and 'new' components of the building. The design has also been amended to further express the heritage terraces to the whole building by extrapolating this break up the tower by aligning the western wall of the north eastern 'wing/pod' of the tower with the outer wall of the terrace at 63 Oxford Street (the terrace next to the existing pub). A visual break was also provided on the western elevation to provide relief in the bulk to Denison Street, as well as the integration of vertical green walls between apartments within the towers to provide further greenery to the building. Further details and amendments are required to improve the aesthetic of the podium levels of the building to better relate to the heritage listed terrace, this includes further detailing of the awnings and shop fronts and amendments to the pattern of openings to match the verticality of the heritage listed terraces. These matters are addressed as conditions of consent. Overall, it is considered that the applicant has provided a scheme that achieves the design excellence requirements of the DCP.

2.2 Section 79C(1)(b) – Other Impacts of the Development The proposed development is capable of complying with the BCA. It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.

2.3 Section 79C(1)(c) – Suitability of the Site for the Development The site is considered to be suitable for the proposed development.

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2.4 Section 79C(1)(d) – Any Submissions The original application was notified for 14 days and a site notice erected on the site. In addition, amended plans were notified for 14 days in accordance with Waverley Development Control Plan 2012, Part A – Advertised and Notified Development. During the initial notification period, 22 submissions were received. The issues raised in those submissions included:

Height FSR Setbacks Privacy and overlooking Overshadowing and loss of light Noise from pub (smoking area) and plant equipment View loss Traffic, parking and congestion Wind and air circulation Concerns regarding heritage terraces and aesthetics

After receiving amended plans, the application was re-notified for 14 days. Seven (7) submissions were received to the amended plans. The issues raised in the 7 submissions to the amended plans are summarised and discussed below. Table 2: Summary of property addresses that lodged a submission

Property

Unit 1107, 71-77 Oxford Street Mill Hill, Bondi Junction Precinct Committee Unit 706, 8 Spring Street (71-77 Oxford Street) Unit 806/8 Spring Street (71-77 Oxford Street) Unit 74/71-77 Oxford Street Unit 907/8 Spring Street (71-77 Oxford Street) Unit 607/8 Spring Street (71-77 Oxford Street)

Issue: Overshadowing and loss of light from 71-77 Oxford Street Response: This matter has been discussed in the report. Issue: View Loss Response: This matter has been discussed in detail in the body of this report. Issue: Traffic and Congestion Response: Council's Manager Traffic and Development has reviewed the proposal and the traffic report submitted with the DA and has raised no objections subject to conditions of consent.

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Issue: Concerns regarding retention of heritage terraces Response: A representative of the Mill Hill, Bondi Junction Precinct Committee has submitted an objection concerned about the retention of the heritage terraces and resulting streetscape impacts. Those concerns are below.

properties at 63-69 should be retained and not amalgamated 2nd storey should be retained to ensure preservation of front verandahs, restoration of original shop fronts should be required, rebuild the demolished western bay to echo the symmetry of the group, repaint the group in consistent appropriate heritage colour scheme and remove and

restore wall tiles to the facades, maintain and enhance the Oxford Street townscape. concerns regarding excavation underneath the heritage terraces concerns that the proposal will end up with faux heritage facades.

Many of these points raised are considered valid and have been addressed in the amended design or through conditions of consent. Council's Heritage Architect has provided advice through the assessment process and is satisfied with the proposal. Issue: Loss of Privacy Response: This matter has been discussed in this report. The windows closest to the adjoining western property have been appropriately treated through design (angled and inset windows) and privacy screening to balconies. Issue: Loss of property value Response: This is not a consideration under Section 79(c) of the Act. Issue: Noise from construction Response: Standard conditions of consent will be imposed regarding noise during construction, including construction hours, and the submission of a noise management plan to ensure that the noise is not above the acceptable limits for construction. Issue: Insufficient separation between habitable rooms and balconies Response: This matter has been discussed in the body of this report. Issue: The building is too tall and the height should be reduced Response: The main component of the building complies with the height limit in the LEP, and is it the plant, lift overrun that do not comply with the standard. This matter has been discussed in detail in the body of this report. Issue: Concerns regarding a larger hotel on the site Response: Specific concerns raised by the objector relate to noise, antisocial behaviour, traffic congestion and parking. A separate development application will be required for the use and fit out of the pub where further details will be required to do a detailed assessment of the concerns raised

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by the objectors. A condition is imposed which states that a separate DA will be required for the use of this space. Issue: Waste Response: Suitable conditions of consent have been recommended to ensure that domestic and commercial waste is appropriately stored and collected on site as well as during construction. Issue: Aesthetics of the building in relation to the heritage terraces Response: Council's Urban Design and Heritage experts are satisfied with the design, subject to conditions of consent relating to materials and finishes and other details related to heritage conservation. Issue: Noise from air conditioning and other plant Response: Standard conditions of consent are to be imposed to ensure that the noise from plant is within the acceptable limits. Issue: Concerns regarding the lack of smoking area for the pub Response: The applicant has noted that a smokers area is not provided, as the facility will be a no smoking premises. Issue: Noise attenuation from within the building Response: The Building Code of Australia has construction standard to ensure that sound transmission within the building is not unreasonable.

2.5 Section 79C(1)(e) – Public Interest It is considered that the proposal will have no detrimental effect on the public interest, subject to appropriate conditions being imposed.

3. REFERRALS

3.1 External Independent Engineering Advice Council sought independent engineering advice, with a brief to provide Council with a peer review of the documentation with a view to determining if the level of documentation provided, and the recommendations made within the documents, is sufficient for a Council to be satisfied that the proposed excavation can occur whilst retaining the structural integrity of the existing built form of the heritage items. The peer review was to include any recommended conditions of consent that Council should impose, should the application be approved, to ensure the protection of the heritage items. The review found that:

In principle, we consider that the construction of the proposed temporary support system for the heritage buildings and an appropriately designed shoring system will be feasible, provided the

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above concerns and need for additional details are addressed. However, in order for ‘Council to be satisfied that the proposed excavation can occur whilst retaining the structural integrity of the existing built form of the heritage items’, we consider that:

The Council Consent conditions provided should be amended to include the additional items detailed in Section 3, and

The scope of further engineering input outlined in Section 4 is also implemented. The conditions recommended in the peer review as included in the recommended conditions of consent.

3.2 Creating Waverley - Stormwater, Traffic and Parking Conditions of consent have been recommended by Council's Creating Waverley Department regarding stormwater, traffic and parking.

3.3 Building Waverley - Building Code of Australia A BCA report was submitted with the DA, and appropriate conditions of consent will be imposed to ensure compliance.

3.4 Shaping Waverley - Urban Design and Heritage Concerns were raised regarding the following elements of the design;

Heritage retention of the first floor rooms of the development Setbacks of the tower from Oxford and Denison Street. Elevations and relationship to the adjoining heritage terraces Preference to have first floor use as commercial Materiality and Aesthetics.

The applicant met with Council's Urban Design team and the majority of the above issues have been resolved in the amended design, or otherwise by conditions of consent.

3.5 Safe Waverley - Contamination, Noise Council's Heath and Compliance Officer has reviewed the acoustic report and site contamination report submitted with the DA and recommended conditions of consent should the application be approved.

3.6 Sustainable Waverley - Water and Energy Assessment Council referred the submission to an independent consultant to review and provide comments on the criteria used to ascertain compliance with the requirements of section 2.6 Energy Assessment of the DCP. The review concluded that compliance with the Energy Assessment can be achieved. The predicted energy consumption reduction is estimated to meet the desired 30% greenhouse gas emissions reduction. Key considerations that need to be addressed prior to Construction Certificate stage include:

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(a) Supporting evidence is based on idealised modelling of likely energy consumption and GHG emissions using the BASIX system for the majority of the proposed new build developed floor area.

(b) Quoted GHG emissions improvement is exactly 30%. Any deviation in assumed design principles may impact the final As-Built product achieving the required reductions.

(c) The report appears to be very generic in nature, reference a lot of good practice principles, but project DA supporting documentation is too immature to demonstrate referenced principles are included in the design.

Should the application be supported, the following conditions shall be imposed and required at the Construction Certificate stage: (a) Mechanical/Electrical and architectural documentation is to include the specific energy efficiency

inputs identified in the Energy Assessment report. (b) Resubmission of the Energy Assessment Report with the updated specific design, material and

equipment efficiencies as per the Mechanical/Electrical and architectural documentation.

3.7 Parks and Open space - Tree Management Situated at the rear of 65 Oxford Street is one large Ficus microcarpa var hilli (hills weeping fig) and at the tree presents a number of issues including; (a) The tree is unsuitable & unsustainable in its location. The branches are encroaching onto the roof

of the neighbour’s property (71-77 Oxford St). (b) This tree is situated within 3 metres of the neighbour’s property (71-77 Oxford St). The root

system is pressing up against the foundation of the property. (c) There is evidence of included bark between the two main leaders meaning the junction looks like

a “V” rather than a “U.” As the tree grows the narrow union will essentially fill with bark and create a growing area of structural weakness in the tree. It is likely that stress put on the either of the co-dominant stems can cause splitting, or even cause the stem to break off at the junction. As a tree ages and grows, included bark becomes more of a danger to surrounding trees and to the property.

(d) The tree is to be removed with a suitable replacement to be provided within the new development.

Planning Comment: The development does not provide a deep soil area to allow for the planting of a replacement tree of a similar stature for this site, nor is it considered that the site can accommodate this is such a dense area as the core of Bondi Junction. However, substantial landscaping is proposed on the development including landscaped common open space on the roof, and a communal garden at the rear of the building atop the podium. Green walls are also proposed on the walls of the inset balconies on the western elevation of the building to soften the appearance to Denison Street, as well as a landscaped inset on the front elevation to Oxford Street, creating a break in the building between the heritage listed terraces, providing a visual transition between the 'old and 'new'. To reduce the 'heat island' effect, It is recommended that a green roof be provided at the top of the building around the plant room and lift overrun to improve the aesthetics of the building. For this landscaping to be successful, more detailed plans with species appropriate to their location, as well as details of maintenance is required to be provided as a condition of consent. It is considered that the removal of the existing tree at the back of the terraces is justified, as with the landscaping

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proposed for the new development will provide a better landscape contribution to the benefit of the aesthetics of Bondi Junction.

3.8 Digital Waverley – Land Information Council’s GIS/Land Information Officer did not object to the effect of the redevelopment of the site on the land title information of the site, subject to conditions of consent in relation to allocation of street numbers for the primary premises and the sub-premises, including the identification of the retail and commercial tenancies and the residential units of the development.

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4. SUMMARY

The application proposes a 12 storey mixed use development with commercial and retail uses at ground and first floor and 60 residential apartments above. The proposal involves retaining the heritage listed terraces at 63-69 Oxford Street and incorporating them into the pub use which is to continue on the site at ground level. Conditions of consent are recommended to ensure that the heritage listed terraces are retained and restored. The proposal complies with the FSR development standard, however part of the top of the parapet, plant and lift overrun exceeds the 38m height limit for the site. The applicant has submitted a statement addressing Clause 4.6 of the LEP and the grounds for justification are considered reasonable. The proposal has been amended to increase the setbacks of the tower form of the building to Oxford Street and to the adjoining property at 71-77 Oxford Street and the amendments are considered to satisfy Council's concerns. Overall a number of amendments have been made to improve the building and it is considered that the proposal satisfies the design excellence considerations of the DCP. The amended plans were re-notified and 7 submissions were received during that time (22 submissions to the original plans). The matters raised in the submissions have been considered and addressed within this report. The matters raised do not warrant refusal of the application. Accordingly, the application is recommended for approval.

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5. RECOMMENDATION TO WAVERLEY DEVELOPMENT ASSESSMENT PANEL That the Development Application be APPROVED by the Waverley Development Assessment Panel subject to the Conditions in Appendix A: Report prepared by:

Application reviewed and agreed on behalf of the Development and Building Unit by:

Beth Matlawski Senior Development Assessment Planner

Lee Kosnetter Manager, Development Assessment (South)

Date: 25 August 2016 Date: 19 September 2016

Reason for referral: 2 Development applications for Class 2 – 9 buildings that :

a) have a value of greater than $3m.

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APPENDIX A – CONDITIONS OF CONSENT

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with the following documents: (a) Architectural Plans;

Drawing Number and Description

Date and Revision Author of Drawing

Received by Council Date

DA 0000 Coverpage Revision B, 06.06.16 MHNDU 15.06.16 DA 1000 Site Context Revision B, 06.06.16 MHNDU 15.06.16 DA 1001 Site Analysis Plan Revision B , 06.06.16 MHNDU 15.06.16 DA 1002 Site and Roof Plan Revision B, 06.06.16 MHNDU 15.06.16 DA 2000 Basement 3 Plan Plotted 15.06.16 MHNDU 15.06.16 DA 2001 Basement 2 Plan Revision B, 6.06.16 MHNDU 15.06.16 DA2002 Basement 1 Plan Revision B, 6.06.16 MHNDU 15.06.16 DA 2003 Ground Floor Plan Revision C, 24.06.16 MHNDU 27.06.16 DA 2004 Level 1 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2005 Level 2 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2006 Level 3 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2007 Level 4 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2008 Level 5 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2009 Level 6 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2010 Level 7 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA2011 Level 8 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2012 Level 9 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2013 Level 10 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2014 Level 11 Plan Revision D, 04.07.16 MHNDU 05.07.16 DA 2015 Roof/Terrace Plan Revision B, 06.06.16 MHNDU 15.06.16 DA 2016 Roof Plan Revision B, 06.06.16 MHNDU 15.06.16 DA 2400 Elevation North Revision B, 06.06.16 MHNDU 15.06.16 DA 2401 Elevation South Revision B, 06.06.16 MHNDU 15.06.16 DA 2402 Elevation East Revision B, 06.06.16 MHNDU 15.06.16 DA 2403 Elevation West Revision B, 06.06.16 MHNDU 15.06.16 DA 2500 Section A Revision B, 06.06.16 MHNDU 15.06.16 DA 2501 Section B Revision B, 06.06.16 MHNDU 15.06.16 DA 9003 Adaptable Layout Revision B, 06.06.16 MHNDU 15.06.16 DA 9004 Roof Design/Finishes Revision D, 04.07.16 MHNDU 04.07.16 DA 9005 Roof Design Elevations Revision D, 04.07.16 MHNDU 04.07.16

(b) BASIX Certificates (c) Wind Study report WD 168-01F02 (Rev0) prepared by Windtech Consultants Pty Ltd, dated 13

July, 2016 and received by Council on 14 July 2016;

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(d) BCA Report and documentation prepared by AED Group dated 10 June 2016 and received by Council on 15 June 2016;

(e) Access Report prepared by AED Group dated 10 June 2016 and received by Council on 15 June 2016;

(f) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with

the SWRMP Checklist of Part B, Waverley DCP 2012. Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS The plans are to be amended to address the following matters: BASEMENT (a) Vertically stacked car parking spaces are not permitted, pursuant to Part B8, Clause 8.4( j) of the

Waverley Development Control Plan 2012 and are to be deleted from the plans.

(b) The three basement levels are to be amended to indicate which car parking spaces are to be allocated to residents of the development.

(c) The resident visitor car parking spaces (12 required by the DCP rate) are to be allocated to the car spaces at basement level 1 (ie. one level down from the vehicular entry point).

(d) 60 bicycle parking spaces are to be provided in the basement levels, one for each of the residential units within the development.

(e) 6 visitor residential bicycle spaces are to be provided in the residential lobby of the development.

(f) 6 bicycle spaces are to be provided for the commercial/retail component of the development.

(g) Storage cages are to be provided for each residential units within the basement level, instead of

the over bonnet storage which is not considered an appropriate or convenient form of storage, contrary to the design guidance of the Apartment Design Guide.

(h) A car wash bay is to be provided in the basement.

(i) The loading dock shall be designed and constructed to cater for the Medium Rigid Vehicle (MRV) as described in AS2890.2 Part 2: Off-street Commercial Vehicle Facilities for the collection by Council of the residential waste component.

(j) The head clearances at the car park entry/exit and loading bay shall comply with the relevant Australian Standard.

(k) All disabled car parking spaces are to be provided in accordance with Australian Standards AS2890.6:2009 Off-street parking for people with disabilities.

(l) The basement plans are to incorporate a storage area for goods associated with the pub ie. kegs, food storage etc.

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ELEVATIONS

(m) The western elevation at ground floor is to be consistent with the ground floor plan.

(n) As per DCP Control E 1.5.1 (e), new development adjacent to buildings of historic character must have facades sympathetic in vertical and horizontal proportions and alignments. The openings to the new ground floor elevation to Oxford and Denison Street are to be amended to respond to the verticality and 4m rhythm of the existing heritage façade. This is particularly important on the Oxford Street façade. The vertical openings are to be adjusted to respond to the original pattern in the streetscape.

(o) The design and detailing of the ground floor shop fronts and hotel entry are to be more closely based upon Federation shop front detailing (and associated signage) and based on documentary evidence of the original fabric.

(p) The street awning to the front of the terraced shops is to be based upon Federation precedents with exposed framing and moulded edge detailing (existing suspension rods and associated detailing is to be retained). GENERAL AMENDMENTS

(q) The plans are to be updated to reflect the recommendations made in the Wind Study report WD 168-01F02 (Rev0) prepared by Windtech Consultants Pty Ltd, dated 13 July, 2016 and received by Council on 14 July 2016;

(r) Letterboxes shall be provided for each residential unit of the development in an accessible and secure location within the ground floor level of the development. The location of the letterboxes shall have regard to control (b) under section 2.24 of Part C2 of Waverley Development Control Plan 2012. Details of the quantum and allocation of storage shall be shown on the plans.

(s) Each unit shall be allocated a minimum of 6m3 of storage with at least 50% of the minimum amount of storage to be located inside the unit to accord with section 4G of the Apartment Design Guide.

Plans are to be submitted with the minimum amount of storage required to be allocated to each unit, including the amount allocated inside the units and in the storage cages located on the basement level of the development. Details of the quantum and allocation of storage are to be shown on the plans

The amendments are to be approved by Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

3. AMENDED LANDSCAPING PLANS

The Landscaping Plans for the development are to be updated to reflect the approved design of the development and also to including the following additional details; (a) A green roof is to be provided around the plant area and lift overrun on the eastern side of the

roof to ensure that the whole roof is appropriately treated. The green roof shall comprise plants

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selected from the 'Grasses/Sedges' and 'Climbers/Groundcovers' tables in the Planting List in Annexure B2-1 of Part B of Waverley Development Control Plan 2012. The plants shall have a maximum maturity height of 200mm above the roof level.

(b) Landscaping is to be adjusted to be in accordance with the recommendations of the Wind the Wind Study report WD 168-01F02 (Rev0) prepared by Windtech Consultants Pty Ltd, dated 13 July, 2016 and received by Council on 14 July 2016;

(c) Details of species, pot sizes and height at maturity is to be provided on the plans. The details are to be provided for ALL landscaped areas, including the green walls proposed within the balconies of the units on the western elevation of the building. Consideration is to be provided to the type of species to location and maintenance requirements. A statement is to be included stating why the species has been chosen in relation to the location.

(d) A landscaping maintenance plan is to be provided which is to be provided to the building manager for implementation, upon receiving an occupation certificate for the development.

The amended landscape plan is to be submitted to the Council's Open Space and Parks department for approval prior to the issue of a Construction Certificate.

4. REFLECTIVITY REPORT

In accordance with Part E1 - Clause 1.23, a reflectivity report is to be submitted to which addresses the following controls;

(a) The development is to limit the use of large areas of glass in facades to a maximum of 60% of the

façade surface area above ground level (b) To minimise potential impact on pedestrians and occupants of neighbouring buildings all panels

and elements on vertical façades are to have a maximum specular reflectivity of visible light from normal angles of incidence of 20%. Any surface inclined by more than 20 degrees to the vertical (inclined glass awnings or cladding on inclined roofs) are to have a maximum specular reflectivity of visible light from normal angles of incidence of 10%

(c) Reflected solar glare on drivers should not exceed 500 candelas / m2 . A candela is the base unit for measuring the intensity of luminance under the International System of Units (SI).

The reflectivity report is to be submitted to Council for approval prior to the issue of a Construction Certificate.

5. APPROVED DESIGN - RESIDENTIAL FLAT DEVELOPMENT 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.

6. ARCHITECT TO SUPERVISE DESIGN The preparation of the Construction Certificate plans shall be supervised and be to the satisfaction of a qualified designer in accordance with the requirements of State Environmental Planning Policy No. 65 - Design Quality of Residential Flats.

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7. SEPARATE APPLICATION FOR USE, SIGNAGE AND FITOUT The use, fit-out, signage or proposed hours of operation for the pub, retail or commercial/office area has not been proposed in this application, therefore these elements require the separate approval from Council, unless deemed Exempt Development under the SEPP (Exempt and Complying Development) 2008.

8. EXCAVATION TO BE LIMITED Excavation shall be limited to that shown in the approved plans. Excavation, proposed or undertaken in the certification or construction of the development, that results in additional habitable or non-habitable floor space (including storage) shall require the submission of a new development application or Section 96 application to modify the approved development. During consideration of this application construction work on site shall cease without prior agreement of Council. Failure to comply with this condition may lead to Council prosecuting or taking a compliance action against the development for breach of its consent.

9. SIGNAGE The following shall apply to any future signage for the site;

(a) All external signage to the terraced shops is to closely follow the locations and style of Federation precedents and the Heritage Consultant engaged with the project is to inform the style of signage for the proposed development

(b) The use of flashing lights, flashing illuminated signs and the like is prohibited. (c) No advertising signs or notices are to be affixed to the windows of the premises. (a) Portable signs or goods for sale or display must not be placed on the footway or other public

areas, without the prior approval of Council. (b) Signage is to be erected/supported in a secure manner for safety purposes; (c) Signage, must not be installed in a manner which would cause irreversible damage to the

building; and, (d) Shall be a minimum of 2.6m above the footpath level and be offset a minimum of 600mm behind

the kerb.

10. HERITAGE ARCHITECT The applicant is to commission an experienced conservation architect to work with the consultant team throughout the design development, contract documentation and construction stages of the project. The conservation architect 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 conservation architect 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. The applicant is to commission experienced trades persons (as appropriate) that are skilled in traditional building and engineering trades to carry out the proposed scope of works.

11. RESTORATION WORKS TO HERITAGE TERRACES To maintain the significance of the listed street fronts and associated building fabric a full schedule of restoration works prepared by an appropriately qualified professional, is to be provided to Council including;

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(a) The works are to include restoration of the street frontages including removal of paint from

original tiling, reinstatement of missing joinery and glazing stabilization, restoration of all original face brick, rendered fabric, metal work and the original roof over the retained fabric.

(b) All finishes and colours the restored facades are to be based upon original finishes with

investigation of remaining paint finishes provided as a basis for colour selection. (c) The first floor rooms and balconies to the former terraced shops are to be retained without

openings to the floor i.e. as whole rooms and not elements in a two storey void. (d) Interiors to retained rooms are to retain existing original joinery and pressed metal detailing.

Detailing is to remain exposed with any new detailing being secondary in extent and visual impact.

(e) Following further investigation as to origin and method of fixing, the female sculptural figures are

to be removed from the street elevation of the terraced shops and original finishes reinstated.

The schedule of restoration works is to be submitted to the Council's Heritage Architect for approval prior to the issue of a Construction Certificate.

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B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

12. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

(1) Where the total development cost is less than $500,000: "Waverley Council Cost Summary Report"; or, (2) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has

been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the Section

94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre. Advisory Note - A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost of the

development.

13. SECURITY DEPOSIT A deposit or guarantee satisfactory to Council for the amount of $250,000 must be provided as security for the payment of the cost of making good any damage caused or unauthorised works that may be caused to any Council property as a consequence of this building work. This deposit (cash or cheque) or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property or rectification of unauthorised works on Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

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14. LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

15. HERITAGE DEED OF AGREEMENT (a) The owner(s) of the premises shall enter into and execute a Deed of Agreement with Council to

ensure that the 'approved heritage works' to the heritage listed terraces at 63-69 Oxford Street are completed before or concurrently with any other approved work on the site. The Deed of Agreement shall ensure that:

(b) A Strata or Subdivision Plan for the site and/or the Occupancy Certificate is not released prior to

the completion of the 'approved heritage works'; (c) Future owner(s) of the site will be bound by the terms of the Deed of Agreement; and (d) The owner(s) of the land must prepare and execute the Deed of Agreement prior to the issue of a

Construction Certificate for any part of the development. The cost of the preparation and registration of all legal and associated expenses is to be met by the owner(s) or applicant.

16. NO BUILDING OR DEMOLITION WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, or demolition work, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and (b) a Principal Certifying Authority has been appointed and Council has been notified of the

appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the building works.

The owner/applicant may make application to Council or an Accredited Certifier for the issue of a

Construction Certificate and to be the Principal Certifying Authority.

17. ESSENTIAL SERVICES - NEW BUILDING Details of the proposed essential fire safety measures/services shall be submitted to Council with the application for a Construction Certificate or be attached to the Construction Certificate, including a certificate, prepared by a person competent to do so, setting out the: (a) basis of design; (b) standard to which the system is to be installed; and (c) all relevant documentation, including all drawings such as wiring diagrams, duct layouts, hydraulic

schematics etc and calculations shall be submitted for Council's records.

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At the completion of the installation, certification containing the following information shall be attached to the application for an Occupation Certificate or to the Occupation Certificate: (a) inspection, testing and commissioning details; (b) date of inspection, testing and commissioning; (c) the name and address of the individual who carried out the test; and (d) a statement that the service has been designed, installed and is capable of operating to the above

standard.

18. NOISE ATTENUATION IN RESIDENTIAL FLAT BUILDINGS Noise attenuation is to be achieved in all residential units within the building by a minimum of the following standards: (a) A wall shall have a Field Sound Transmission Class (FSTC) of not less than 50 if it separates sole

occupancy units or a sole occupancy unit from a stairway, public corridor, hallway or the like; (b) A wall separating a bathroom, sanitary compartment, laundry or kitchen in one sole occupancy

unit from a habitable room (other than a kitchen) in an adjoining unit shall have a FSTC of not less than 55;

(c) A wall or floor shall have a FSTC of not less than 55 if it separates a sole occupancy unit from a plant room;

(d) A floor separating sole occupancy units must not have a FSTC of less than 50; and (e) A floor separating a bathroom, sanitary compartment, laundry or kitchen in one sole occupancy

unit from a habitable room (other than a kitchen) in an adjoining unit shall have an Impact Isolation Class of not less than 55.

Details are to be provided on the plans to the satisfaction of the Principal Certifying Authority prior to the issue of the Construction Certificate.

19. ARCHIVAL RECORDING OF EXISTING BUILDINGS AT 63-69 OXFORD STREET A brief archival record (at a minimum the front and rear elevations, details of notable elements of each building eg the awning and foyers) shall be prepared of the existing building for deposit in Waverley Council's Archive (2 copies to be submitted). This record must be carried out prior to the removal of any significant building fabric or furnishings from the site and must be submitted to Council prior to the commencement of any demolition work and the issue of a Construction Certificate. The record shall comprise 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: (a) adjacent buildings, building elevations, and important interior and exterior architectural spaces

and features of the building/site; (b) a summary report of the photographic documentation; and (c) photographic catalogue sheets, which are referenced to a site plan and floor plan, no larger than

A3 paper size, and indicating the location and direction of all photos (black & white prints and slides) taken.

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20. EXTERNAL FINISHES A detailed schedule of external finishes shall be submitted for Council's consideration and approval prior to the issue of the Construction Certificate. The schedule shall include details of proposed external walls and roofing materials in the form of either trade brochures or building samples. Where specified, the schedule shall also include window fenestration and window frame colour details, as well as fencing, paving and balustrading details and guttering colour and profile.

21. PUBLIC ART

Public Art is encouraged to be incorporated into the new development. Specific details and design of the proposed public art feature shall comply with ‘Public Art in the Private Domain Guidelines’ which can be viewed on Council’s website and by liaising with Council’s Cultural Development Officer.

Details to be provided to the satisfaction of Waverley Council prior to the issue of a Construction Certificate for the development.

22. SERVICE AUTHORITIES The applicant is to seek approval from the relevant service authorities (water, gas, electricity)

regarding any possible modification to the service authority’s infrastructure prior to the issue of a Construction Certificate.

23. PROVISION FOR SHAFT FOR FUTURE FOOD PREMISES

Adequate provision shall be made for the installation of a mechanical exhaust system for future premises where food is prepared. This includes the provision of a shaft that complies with the Building Code of Australia, to the roof for the ductwork and the flue of the system.

24. ARCHITECT TO SUPERVISE DESIGN - CONSTRUCTION CERTIFICATE DOCUMENTATION The preparation of the Construction Certificate plans shall be supervised and be to the satisfaction of a qualified designer in accordance with the requirements of State Environmental Planning Policy No. 65 - Design Quality of Residential Flats.

In accordance with clause 143a of the Environmental Planning and Assessment Regulations 2000, the Principal Certifying Authority must not issue a construction certificate unless it has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the plans and specifications achieve or improve the design quality of the development for which development consent was granted.

25. HOARDING REQUIRED A standard A-Class or B-Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate. Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

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26. ENGINEERING DETAILS

Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.

27. GEOTECHNICAL ENGINEERS REPORT A Geotechnical Engineers Report, regarding the stability of the subject site and stating that damage

should not occur to any adjoining premises or the sections of heritage buildings within the site that are to remain, as a result of the proposed bulk excavations, piling and shoring works, is to be submitted to the Principal Certifying Authority, Council, the owners of adjoining premises and the Councils’ geotechnical engineer. The report is to be submitted for review prior to the issue of a Construction Certificate and commencement of any such works on the site. The report should include:

The results of a preliminary geotechnical investigation to confirm the subsurface profile and

groundwater conditions at the site, design parameters for the temporary stabilisation measures for the heritage buildings, shoring system and footings, together with a review of the contents of the Geotechnical Desktop Study’ report (Project 85212.00/Rev.1, dated 14 December 2015) prepared by Douglas partners Pty Ltd. If applicable, the requirements of Condition ‘Potential Dewatering Of The Site’ will also need to be addressed.

A numerical analysis of the proposed temporary stabilisation measures for the heritage buildings, shoring system and excavations in order to demonstrate damage should not occur to any adjoining premises or the sections of heritage buildings within the site that are to remain.

A Geotechnical Monitoring Program that:

Will detect any settlement associated with temporary and permanent works and structures;

Will detect deflection or movement of temporary and permanent retaining structures (foundation walls, shoring bracing or the like);

Will detect vibration in accordance with DIN 4150-3 : 1999-02 including acceptable velocity of vibration (peak particle velocity), i.e. the PPV does not exceed 3mm/sec at the foundation level (frequencies of less than 10Hz), 3 to 8mm/sec (frequencies of 10Hz to 50Hz) and 8 to 10 mm/sec (frequencies of 50Hz to 100Hz);

Will detect groundwater changes calibrated against natural groundwater variations;

Details the location and type of monitoring systems to be utilised;

Details the frequency and duration of the monitoring,

Details the preset acceptable limits for settlement, deflections, peak particle velocity and ground water fluctuations;

Details recommended hold points to allow for the inspection and certification of geotechnical and hydro-geological measures by the professional engineer; and;

Details a contingency plan.

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Following demolition, a detailed geotechnical investigation will also need to be undertaken which will includes at least four cored boreholes that extend the deeper of 3m below bulk excavation or 3m into sandstone bedrock. The purpose of the additional investigation is to:

Verify the assumptions made in the numerical analysis undertaken following the preliminary geotechnical investigation, complete further numerical analyses as appropriate and to amend the design of the shoring system, temporary propping of the heritage buildings as necessary.

Review and amend the recommendations presented in the preliminary geotechnical investigation report, as required.

Review and amend the Geotechnical Monitoring Program, as required. (Council Ref – condition Input by External Independent Peer Review)

28. DETAILS OF EXCAVATION, SHORING AND PILE CONSTRUCTION A preliminary Report shall be prepared by suitably qualified and experienced practising Structural and Geotechnical Engineers, detailing the proposed methods of temporary support for the sections of heritage buildings that remain, will bulk excavation, shoring and pile construction, including details of vibration emissions and other monitoring requirements detailed in the Geotechnical Monitoring Program, and any possible damage which may occur to adjoining or nearby properties as a result of the proposed building and excavation works. The preliminary Report shall be submitted to the Principal Certifying Authority, Council, the owners of adjoining properties and the Councils’ geotechnical and structural engineers for review following the preliminary geotechnical investigation described in the previous and prior to the issue of a Construction Certificate. The preliminary Report shall be submitted to the Council and the Councils’ geotechnical and structural engineers for review and comment following the preliminary geotechnical investigation described in Condition ‘Geotechnical Engineers Report’. Any practices or procedures specified in the Structural and Geotechnical Engineer's report in relation to the avoidance or minimisation of structural damage to adjoining properties are to be fully complied with and incorporated into the plans and specifications together with the Construction Certificate. The Report shall be updated following completion of the geotechnical investigation carried out following demolition and re-submitted to the Principal Certifying Authority, Council, the owners of adjoining properties and the Councils’ geotechnical and structural engineers for review prior to commencement of shoring and excavation. (Council Ref – condition Input by External Independent Peer Review)

29. GEOTECHNICAL REVIEW The following further engineering input will be required: A geotechnical engineer to review the Condition ‘Geotechnical Engineers Report’ which may

include an independent numerical analysis to confirm the result obtained in the report and used as a basis for preparing the Geotechnical Monitoring Plan. This input will be required prior to

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issue of both stages of the Construction Certificate (for demolition only and then for the remainder of the development).

Both a geotechnical engineer and structural engineer to review the report prepared to address Condition ‘Details of Excavation, Shoring and Pile Construction’. This input will be required prior to issue of both stages of the Construction Certificate (for demolition only and then for the remainder of the development).

(Council Ref – condition Input by Independent Peer Review)

30. CERTIFICATION OF THE WORKS

As part of the documentation to be provided to the Principal Certifying Authority and Council prior to issue of an Occupation Certificate, the appropriate Consent Condition must include the following item: Certification from the geotechnical and structural engineers that the requirements of the

Geotechnical Monitoring Program, the geotechnical reports and the Structural and Geotechnical Engineers Report (to address Condition ‘Details of Excavation, Shoring and Pile Construction’) were implemented and satisfied during the works.

(Council Ref – condition Input by External Independent Peer Review)

31. UNDERGROUND ANCHORS Any underground anchors required for structural support into adjoining properties would require appropriate owners consent from all affected parties. Subsequently, evidence of the registration of easement is required for the anchors proposed to support the basement retaining wall prior to the issue of a Construction Certificate is required.

32. SITE WASTE AND RECYCLING MANAGEMENT PLAN A Site Waste and Recycling Management Plan (SWRMP) shall be submitted to the Principal Certifying Authority for approval in accordance with Waverley DCP 2012 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.

The builder and all subcontractors shall comply with the approved SWRMP at all times during demolition and construction. At least one copy of the SWRMP is to be available on site at all times during demolition and construction. Copies of demolition and construction waste dockets that verify the facility that received the material for recycling or disposal and the quantity of waste received, must be retained on-site at all times during construction.

33. EROSION, SEDIMENT AND POLLUTION CONTROL Erosion, sediment and pollution control measures are to be implemented on this site. These measures are to be in accordance with Council's Stormwater Policy and are to be implemented prior to commencement of any work or activities on or around the site. Details of these measures are to be submitted to the Principal Certifying Authority prior to the issuing of a Construction Certificate.

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34. CONSTRUCTION VEHICLE AND PEDESTRIAN PLAN OF MANAGEMENT

Prior to the issue of a Construction Certificate, the applicant shall submit a “Construction Vehicle and Pedestrian Plan of Management” (CVPPM) for the approval of the Executive Manager, Creating Waverley The CVPPM shall provide, but not be limited to, details of the following: (a) The proposed route to be taken by demolition/construction vehicles in the Council area when

accessing and exiting the site. (b) The type, size and number of demolition/construction vehicles for each of the separate phases of

the development. Trucks with dog trailers and semi-trailers may not be approved for use if it is considered with the information provided that:

such vehicles cannot adequately and safely gain access to and from the site or access into or out of the site may not be not possible without the need to remove an

unsatisfactory number of vehicles parked on the roadway adjacent to or opposite the site.

(c) The location of truck holding areas remote from the site should Council not give approval for demolition/construction vehicles to stand on the roadway in the vicinity of the site.

(d) Traffic control measures to be put in place when trucks, manoeuvring in the vicinity of the site, will interfere with the free flow of traffic.

(e) The location and materials of construction of temporary driveways providing access into and out of the site.

(f) The location and length of any proposed Works/Construction Zones. Note: Works/Construction zones require the approval of the Waverley Traffic Committee and

Council prior to installation. It is illegal to:

i. Park a vehicle exceeding 4.5 tonnes on a roadway for more than one (1) hour unless signs are installed to the contrary

ii. Barricade/reserve a section of roadway without the prior approval of Council (g) The hours of operation of demolition/construction vehicles. (h) The number of and where it is proposed to park light vehicles associated with

staff/employees/contractors working on the site. (i) How it is proposed to cater for the safe passage of pedestrians past the site. The details shall

include: The route required to be taken by pedestrians including signage and any other control

measures that will need to be put in place to direct and keep pedestrians on the required route

Any obstructions such as street furniture, trees and bollards etc., that may interfere with the safe passage of pedestrians

The type(s) of material on which pedestrians will be required to walk The width of the pathway on the route The location and type of proposed hoardings The location of existing street lighting

(j) Any bus zones, taxi zones, parking meters etc., that may be affected/require temporary relocation as a result of development works.

NOTE: PRIOR TO THE PREPARATION OF THE CVPPM, the applicant or his or her representative shall:

Make contact with Council’s Senior Traffic Engineer to discuss information required at (a) to (j) above.

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Make contact with the operators of bus and taxi services whose zones may be affected/require temporary relocation as a result of development works

Be aware that the full length of Oxford Street may not be approved as a route for trucks when travelling to or from the site

Be aware swept wheel path drawings, prepared by a suitably qualified and experienced traffic engineering consultant, may need to be submitted to Council for all truck movements that are to take place within the Council area prior to an approval being issued for the CVPPM.

Be aware of and take into account the cumulative effect that truck movement from the development site and other development sites in the vicinity that are either under construction or have development approval will have on roads leading to and from the site.

35. AMENDED STORMWATER PLANS REQUIRED

The submitted stormwater plans prepared by Green arrow Hydraulics Pty Ltd, Project No. 215-1434, Drawing No. H-01 to H-10, dated 10 June 2016, do not comply with the Waverley Development Control Plan 2012 and the Waverley Council Water Management Technical Manual. The following matters are to be addressed and submitted to the satisfaction of Council's Creating Waverley Department prior to the issue of a Construction Certificate; An engineering design of the proposed stormwater line is required including a Hydraulic Grade

Line (HGL) analysis of pipe between HEELP Roof grate at property boundary to existing Council’s Stormwater Drainage pit via the new kerb inlet pit. The longsection information to include existing services crossing, existing surface levels, pipe invert and obvert levels.

A plan of reinstatement work of footpath, road and kerb & gutter is required as per council standard drawings R1 & D8 is required (drawings available on request).

Details of backfilling and road restoration works is required as per Waverley Council’s Standard Drawing D7 (drawing available on request).

Contractor to apply for relevant Footpath and Road Opening Permit prior to commencement of drainage works.

Checklist as set out in page 22 of Waverley Council’s Water Management Technical Manual is required.

Since a sewer and water main runs close to the property, plans must also be presented to a Sydney Water Quick Check Agent for their approval.

36. STORMWATER CERTIFICATION

Certification is to be provided from a suitably qualified professional, that the stormwater system has been designed in accordance with the Water Management Technical Guidelines. Stormwater system details are to be submitted in accordance with the Waverley Development Control Plan 2012 - Part B prior to the issue of a Construction Certificate.

37. POSITIVE COVENANT - ON-SITE DETENTION SYSTEM (OSD)

A covenant to the approval of Council is to be placed on the Certificate of Title of the property acknowledging that the site has an on-site detention system (OSD) and that the implementation and the management of the system shall be at the responsibility of the building owners. Council is neither responsible nor liable to any damages caused as a result of any flooding of the property and/or neighbouring properties. Evidence of the creation of the covenant is to be submitted to Council prior

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to issue of any Occupation Certificate under the Environmental Planning and Assessment Act 1979. The covenant shall not be revoked or modified without the prior approval of Council. Any costs associated with the covenant are to be borne by the applicant.

38. ROOFWATER GUTTERING

All new or replacement roof guttering is to comply with the requirements of the Building Code of Australia and Australian Standard AS 3500 Plumbing & Drainage Standards to ensure that collected roof water does not flow back into the building.

39. BASIX

The undertakings provided in the BASIX Certificate shall be provided for in the Construction Certificate plans and documentation prior to the issue of the Construction Certificate. If required, a modified BASIX Certificate shall be provided that reflects the development as approved (eg addressing any modification required via conditions of consent). Any significant works (ie any works not able to be considered as Exempt and Complying Development) that result from changes to the BASIX Certificate or conflict with conditions of consent require Council's consent. The Principal Certifying Authority shall be responsible for ensuring that all the undertakings are satisfied prior to the issue of an Occupation Certificate. The above condition is a prescribed condition under the Environmental Planning and Assessment Act Regulations clause 97A and the above BASIX commitments are mandatory and can not be modified under Section 96 of the Environmental Planning and Assessment Act 1979.

40. ENERGY EFFICIENCY Prior to the issue of any Construction Certificate for the development, the following is to be provided to the satisfaction of Council's Co-ordinator Sustainable Energy; (a) Mechanical/Electrical and architectural documentation is to include the specific energy efficiency

inputs identified in the Energy Assessment Report dated 14 June 2016 provided to Council prepared by Vipac Engineers and Scientists Ltd

(b) The Energy Assessment Report is to be re-submitted with updated specific design, material and equipment efficiencies as per the Mechanical/Electrical and architectural documentation.

41. USE OF RENEWABLE TIMBERS

Council requires, wherever possible, the use of renewable timbers and/or plantation timbers such as Radiata Pine or Oregon as an alternative to the use of non-renewable rainforest timber products in buildings so as to help protect the existing areas of rainforest. In this regard, a schedule of proposed timber products to be used in the building is to be submitted for approval by the Principle Certifying Authority prior to the issue of the Construction Certificate. Where the applicant is to use timbers not recommended in Council's Policy, reasons are to be given why the alternative timbers recommended cannot be used.

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42. LANDSCAPED SLABS Details shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate indicating the proposed method of water-proofing and drainage of the concrete slabs over which landscaping is proposed.

43. ACCESS

The development shall be provided with access and facilities for people with disabilities in accordance with AS1428.1-2009 Design for Access and Mobility Part 1: General Requirements for Access. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate. Access to and within retail and commercial tenancies and associated common areas must comply with the requirements of Part D3 of the BCA and AS 1428.1. Details verifying compliance must be provided to the Certifying Authority prior to the issue of a Construction Certificate.

44. ACCESS TO MAIN ENTRY Access in accordance with AS1428.1 shall be provided to and within the main entrance and exit points of the development. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

45. ADAPTABLE HOUSING 10 Adaptable units are to be provided within the development, those being 205, 305, 405, 505, 605, 705, 805, 904, 1004 and 1104 as nominated on drawing 9003. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

46. WASTE STORAGE AREAS (a) The proposal must have a bin storage point for a minimum;

Residential

21 x 240L or 6 x 660L Mobile Garbage Bins (MGBs) or for general waste, 8 x 240L MGBs for recyclables , and 8 x 240L MGBs for paper and cardboard. Additional space is to be made available for an extra 3 x 240L MGB for general waste, 3 x

240L MGB for recyclables and 3 x 240L MGB for paper/cardboard.

Commercial

As per the submitted Waste Management Plan Space will need to be available to accommodate the additional waste and recycling needs

of commercial premises.

(b) All waste and recycling storage rooms must be built to meet all appropriate design requirements set in Part B, Section 1.2.1, Section 1.2.3 and Section 1.2.4 of Waverley Council Development Control Plan 2012.

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(c) The proposal must have a system for the convenient transportation of waste and recyclables to the communal waste and recycling storage area (i.e. chute systems or a service lift dedicated for the transportation of waste).

(d) MGBs or crates for paper/cardboard and recyclables should be situated in the waste

compartment/ areas on each floor to accompany the waste chute system to store a minimum of 1-2 day’s volume of paper/cardboard likely to be generated on that floor.

(e) The development must have rooms or caged areas with a minimum volume 4m³ available for the

storage of discarded residential bulky waste, such as old furniture, awaiting Council pick up.

(f) Sufficient space must be allocated on-site for the storage of reusable items such as crates and pallets.

(g) Noise and odour generated from the commercial component of the development must not

impact on adjoining properties.

(h) All businesses at this development must have written evidence, held on-site, of a valid and current contract with a licensed collector of waste and recycling.

(i) All new developments are to provide adequate storage for waste to accommodate future change

of uses.

(j) Composting facilities which meet all design requirements set in Annexure B1-5 of the Waverley Council Development Control Plan must be provided at this development.

(k) Responsibilities for transporting bins from the storage points to the nominated collection area,

cleaning of waste receptacles, cleaning of storage areas and booking and transporting bulky waste for Council pick up must be outlined in contracts with the building manager, cleaners and tenants.

(l) Clear and easy signs identifying the different MGB and where the MGBs should be stored in the

storage area(s) must be displayed.

(m) All waste and recycling receptacles are to be collected onsite. The storage and/or presentation of bins on the kerbside on public land and kerbside is not permitted at any time.

The above matters are to be shown in the Construction Certificate drawings and submitted to the satisfaction of Council's Sustainable Waverley staff prior to the issue of a Construction Certificate.

47. AWNINGS OVER THE PUBLIC DOMAIN

The Construction Certificate drawings are to demonstrate that the awnings over handing from public domain/footpath are a minimum of 3.5m above the footpath level and offset a minimum of 600mm behind the kerb.

48. REFRIGERATION UNITS & MECHANICAL PLANT

All refrigeration motors/units and other mechanical plant are to be installed within the building in an acoustically treated plant room. In this regard, adequate provision is to be made within the confines of the building for any plant and equipment associated with the use of the building.

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49. INSTALLATION OF AIR CONDITIONING

Air conditioning unit(s) installed within the building shall: (a) Be located inside approved plant rooms. (b) Not emit noise that is audible within a habitable room in any other residential property

(regardless of whether any door or window to that room is open):

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or (ii) before 7.00am and after 10.00pm on any other day.

(c) Not provide noise emissions that exceed 5dBA above the ambient background noise level

measured at the property boundary at any other time outside of (e).

50. LOCATION OF GREASE TRAP

The grease trap is not to be located in areas where food, equipment or packaging materials are handled or stored in accordance with the requirements of AS 4674-2004 "Design, Construction and Fitout of food premises". The grease trap room must have a piped connection to the boundary so that it can be emptied. The location of the grease trap is to be considered and included in the construction certificate drawings for the development. Note: Sydney Water also have requirements for grease arrestors that you need to comply with.

51. NOISE MANAGEMENT PLAN - CONSTRUCTION SITES

A Noise Management Plan must be submitted to Council for approval prior to the issue of a construction certificate and complied with during any construction works. 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:- (a) Identification of nearby residents and other sensitive locations near to the site; (b) Description of hours of work and what work will be undertaken (c) Description of what work practices will be applied to minimise noise (d) Mitigation measures to control noise from the site, the noise reduction likely and the feasibility

and reasonableness of these measures; (e) Selection criteria for plant and equipment; (f) Community consultation; (g) Details of work schedules for all construction phases; (h) Selection of traffic routes to minimise residential noise intrusion;

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(i) Schedule of plant and equipment use and maintenance programs; (j) Noise monitoring techniques and method of reporting results; (k) The methodology to be employed for handling and investigating any complaints should they

arise, including documentation and feedback mechanisms; (l) Identification of a site contact person to follow up on complaints and site signage erected to

advise of persons name and contact details. (m) Site induction details for employees and contractors, and; (n) A declaration of available technologies and the reason for the selection of the preferred

technology from a noise generating perspective should be included.

52. NOISE MANAGEMENT PLAN - DEMOLITION, EXCAVATION AND CONSTRUCTION

A site specific noise management plan must be submitted to the Council for approval and comment prior to the issue of a construction certificate and complied with during any building works. 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:- (a) Confirmation of the level of community consultation that has, is and will be undertaken with

Building Managers/occupiers/residents of noise sensitive properties likely to be affected by site works and the operation of plant/machinery particularly during the demolition and excavation phases.

(b) Confirmation of noise 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 Council's noise criteria.

(c) What course of action will be undertaken following receipt of a complaint concerning site noise

emissions? (d) Details of any noise mitigation measures that have been outlined by an acoustic engineer or

otherwise that will be deployed on site to reduce noise impacts on the occupiers of neighbouring property to a minimum.

(e) What plant and equipment is to be used on site, the level of sound mitigation measures to be

undertaken in each case and the criteria adopted in their selection taking into account the likely noise impacts on the occupiers of neighbouring property and other less intrusive technologies available.

53. ACOUSTIC REPORT RECOMMENDATIONS

The "recommendations" as outlined in Sections 5.3, 6.6, 7.3 & 8.2 of the acoustic report prepared by Acoustic Logic 20151692.1/1412A/RO/OF dated 14 December 2015 shall be implemented.

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A Certificate of Compliance prepared by a suitably qualified acoustic consultant is to be submitted to Council certifying that the recommendations made in the above report have been satisfied and Council's noise criteria has been met prior to the issue of an Occupation Certificate.

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C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

54. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or intends to

do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work.

55. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

56. EXCAVATION AND BACKFILLING All excavations and backfilling associated with the erection or demolition of a building must be executed safely and in accordance with the appropriate professional standards and must be properly guarded and protected to prevent them from being dangerous to life or property.

57. EXCAVATION BELOW FOOTINGS If an excavation associated with the erection or demolition of a building extends below the level of the footings of a building on an adjoining allotment of land, the person causing the excavation to be made, at their own expense, must: (a) preserve and protect the building from damage; and (b) if necessary, must underpin and support the building in an approved manner; and (c) must, at least seven days before excavating below the level of the base of the footings of a

building on an adjoining allotment of land, give notice of intention to do so to the owner of the adjoining allotment of land and furnish particulars of the excavation to the owner of the building being erected or demolished.

58. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then:

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(a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort

of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was

provided.

59. TOILET FACILITIES Toilet facilities being provided on the work site in accordance with the requirements of Sydney Water.

60. NO USE OF ORGANOCHLORIN PESTICIDES The use of organochlorin pesticides as termite barriers in new development is prohibited pursuant to Council Policy. Only physical barriers are to be used for termite control. The building shall comply with Australian Standard 3660: Protection of building from subterranean termites - prevention, detection and treatment of infestation.

61. DILAPIDATION REPORTS

Dilapidation surveys must be conducted and dilapidation reports prepared by a practising professional engineer (structural) of all buildings, (both internal and external), including ancillary structures located on land adjoining the site and of such further buildings located within the likely “zone of influence” of any excavation, dewatering and/or construction induced vibration. The survey must identify which properties are within the likely 'zone of influence'. The dilapidation reports must be completed and submitted to Council and the Principal Certifying Authority with or prior to the Notice of Commencement and prior to the commencement of any development work. The adjoining building owner(s) must be given a copy of the dilapidation report for their building(s) prior to the commencement of any work. Please note the following: (a) The dilapidation report will be made available to affected property owners on request and may

be used by them in the event of a dispute relating to damage allegedly due to the carrying out of the development.

(b) This condition cannot prevent neighbouring buildings being damaged by the carrying out of the

development. (c) Council will not be held responsible for any damage which may be caused to adjoining buildings

as a consequence of the development being carried out. (d) Council will not become directly involved in disputes between the Developer, its contractors and

the owners of neighbouring buildings.

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(e) In the event that access for undertaking the dilapidation survey is denied the applicant is to demonstrate in writing to the satisfaction of the Council that all reasonable steps were taken to obtain access to the adjoining property. The dilapidation report will need to be based on a survey of what can be observed externally. '

62. CARE TO BE TAKEN DURING CONSTRUCTION

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, which is listed as a Heritage Item.

63. CONTAMINATING MATERIAL REQUIRED TO BE REMOVED The following requirements apply to demolition and construction works on site: (a) Hazardous dust is not to be allowed to escape from the site. The use of fine mesh dust proof

screens or other measures are recommended. Any existing accumulations of dust (eg: ceiling voids and wall cavities) must be removed by the use of an industrial vacuum fitted with a high efficiency particle air (HEPA) filter. All dusty surfaces and dust created from work are to be suppressed by a fine water spray. Water must not be allowed to enter the street and stormwater systems. Demolition is not to be performed during adverse winds, which may cause dust to spread beyond the site boundaries.

(b) All contractors and employees directly involved in the removal of hazardous dusts and substances

are to wear protective equipment conforming to Australian Standard AS1716 Respiratory Protective Devices. They shall also adopt work practices in accordance with the requirements of Safe Work Australia's National Standard for the Control of Inorganic Lead at Work (NOHSC: 1012 (1994) and NOHSC: 2015(1994).

(c) All lead-contaminated materials being disposed of in accordance with the NSW Environment

Protection Authority (EPA) Waste Classification Guidelines 2009 and the Protection of the Environment Operations Act 1997 (NSW).

64. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS At least five (5) days prior to the demolition, renovation work or alterations and additions to any

building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS 2601-2001, Demolition of Structure and a Hazardous Materials Assessment prepared by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

(a) outline the identification of any hazardous materials, including surfaces coated with lead paint; (b) confirm that no asbestos products are present on the subject land; or (c) particularise a method of safely disposing of the asbestos in accordance with the Code of

Practice on how to safely remove asbestos published by WorkCover NSW (catalogue WC03561) (d) describe the method of demolition; (e) describe the precautions to be employed to minimise any dust nuisance; and (f) describe the disposal methods for hazardous materials.

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65. DEMOLITION & SITE PREPARATION Hazardous or intractable wastes arising from the demolition process being removed and disposed of in accordance with the requirements NSW WorkCover Authority and the NSW Environment Protection Authority (EPA), and with the provisions of: (a) Work Health & Safety Act 2011; (b) Work Health & Safety Regulation 2011; (c) Protection of the Environment Operations Act 1997 (NSW) and (d) NSW EPA Waste Classification Guidelines 2009.

66. DEMOLITION REQUIREMENTS

Following demolition activities the soil must be tested by a person with suitable expertise, to ensure the soil lead levels are below acceptable health criteria for residential areas. The soil investigation being carried out in accordance with the NSW Environment Protection Authority (EPA) "Guidelines for Consultants Reporting on Contaminated Sites". An approved NSW Environment Protection Authority (EPA) Auditor, in accordance with the NSW EPA's "Guidelines" shall issue a Site Audit Statement at the completion of the investigation, for the NSW Site Auditor Scheme.

67. DEMOLITION AND CONSTRUCTION WASTE MANAGEMENT

The applicant must ensure that the waste generated during the demolition and construction phase complies with the following;

(a) Separate collection bins or areas for the storage of waste is to be provided (giving consideration

to slope, drainage, vegetation, access and handling requirements including:

(i) Landfill waste; (ii) Recyclable waste; (iii) Materials to be re-used on-site; and/or, (iv) Excavation materials. See Annexure B1-1 of the Waverley DCP for common building materials re-use and recycling potential.

(b) A 100% re-use of sandstone is required. (c) All storage areas/ containers are to be located within the property boundary and indicated on the

site plans / drawings as part of the SWRMP. (d) Where space on a development is limited, approval may be granted by Council to place a skip on

a footpath or other public area in line with Part B of Waverley DCP 2012.

(e) Waste and recycling containers/skips may only be provided by persons/companies holding a current permit granted by Council.

(f) Asbestos and other hazardous material is to be managed under the Protection of the

Environment Operations Act. For further information go to Councils Asbestos Policy 2005 and www.nsw.gov.au/fibro and www.workcover.nsw.gov.au.

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(g) Materials that cannot be reused or recycled should be disposed of at an ‘approved’ landfill and specified in the SWRMP.

(h) Records are to be retained on-site demonstrating lawful disposal of waste. (i) Easy vehicular access to waste and recycling material storage areas must be provided. (j) Construction materials are to be stored away from waste and recycling materials to enable easy

access for waste collectors. (k) All waste and recycling is to be is to be stored to prevent damage by the elements, odour, health

risks and windborne litter.

68. SITE HEALTH & SAFETY PLAN A Site Health & Safety Plan is to be prepared prior to the commencement of remediation works by a person competent to do such Plan. All works are to be carried out in accordance with this Plan. This Plan shall include: (a) hazard identification and control (b) site security (c) personal protective equipment (d) work zones and decontamination procedures (e) contingency plans and incident reporting environmental monitoring Any new information which comes to light during remediation, demolition or construction works which has the potential to alter previous conclusions about site contamination shall be notified to the Council and the Principal Certifying Authority immediately.

69. SOIL AND WATER MANAGEMENT PLAN A Soil and Water Management Plan (also known as an Erosion and Sediment Control Plan) shall be prepared according to SSROC's Soil and Water Management Brochure and the NSW Environment Protection Authority (EPA) Managing Urban Stormwater: Soils and Construction. This Plan shall be implemented prior to commencement of any works or activities. All controls in the Plan shall be maintained at all time. A copy of the Soil and Water Management Plan must be kept on site at all times and made available to Council officers on request.

70. CONFIRMATION THAT SITE IS SUITABLE FOR PROPOSED USE

Following demolition activities the soil must be tested by a person with suitable expertise, to ensure the soil lead levels are below acceptable health criteria for residential areas. The soil investigation being carried out in accordance with the NSW Environment Protection Authority (EPA) "Guidelines for Consultants Reporting on Contaminated Sites". The findings are to be submitted to Council prior to the issue of the construction certificate.

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71. CLASSIFICATION OF WASTE/ DISPOSAL OF EXCAVATED SOILS Prior to the exportation of waste (including fill or soil) from the site the material must be classified in accordance with the provisions of the Protection of the Environment Operations Act, 1997 and the NSW EPA Waste classification guidelines 2009. The classification of the material is essential to determine where the waste may be legally taken. The Protection of the Environment Operations Act 1997 provides for the commission of an offence for both the waste owner and the transporters if the waste is taken to a place that cannot lawfully be used as a waste facility for the particular class of waste. For the transport and disposal of industrial, hazardous or Group A liquid waste advice should be sought from the NSW EPA.

72. GROUND WATER SAMPLING

Once demolition of the existing building has been completed a ground water investigation shall be undertaken by a suitably qualified person with a report to be submitted to Council with the findings.

73. POTENTIAL DEWATERING OF THE SITE Should dewatering of the site be required, the onus is on the developer to:

(a) Undertake the necessary site investigations prior to construction; (b) Prove that a water table is present or absent; (c) Assess the feasibility of alternative construction methods; (d) Assess the potential contaminated site, acid sulphate soil and saline intrusion issues; (e) Design an appropriate and safe dewatering system; (f) Apply for a dewatering licence, (g) Provide a detailed geotechnical and hydrogeological report regarding construction dewatering

and monitoring; (h) Design and implement a monitoring program; (i) Monitor, analyse, interpret and report on dewatering to Council, DPI Office of Water throughout

construction; (j) Inform Council of unexpected site conditions (such as water tables or high seepage rates) and

subsidence issues.

74. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.

75. ASBESTOS REMOVAL

(a) All demolition works involving the removal and disposal of asbestos must only be undertaken by contractors who hold a current WorkCover NSW Friable Class A Asbestos Removal Licence or where applicable a Non-friable Class B (bonded) Asbestos Removal Licence. Removal must be carried out in accordance with the "Code of Practice on how to safely remove asbestos" published by WorkCover NSW (catalogue no.WC03561) and Waverley's Asbestos Policy.

(b) All adjoining properties and those opposite the development must be notified in writing of the

dates and times when asbestos removal is to be conducted. The notification is to identify the licensed asbestos removal contractor and include a contact person for the site together with telephone and email address.

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(c) No asbestos products are to be reused on site. (d) Standard commercially manufactured signs containing the words "DANGER ASBESTOS REMOVAL

IN PROGRESS" measuring not less than 400m x 300mm are to be erected in prominent visible positions on the site during asbestos removal works.

(e) No asbestos laden skips or bins are to be left in any public place without the approval of Council.

76. FOOTPATH PROTECTION The footpaths in front of the site must have a protective cover e.g. duckboards or plates to ensure these are not damaged during the course of demolition and/or construction. The protective measure is to be installed prior to the commencement of any works on the site.

77. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

78. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

79. SEDIMENT REMOVAL FROM VEHICLE WHEELS A vehicle wheel wash, cattle grid, wheel shaker or other appropriate device, shall be installed in accordance with the approved Soil and Water Management Plan for the site prior to the commencement of any site works or activities.

80. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

81. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends; and

(b) Sundays and public holidays

Noise from construction activities shall comply with the Protection of the Environmental Operations

(Noise Control) Regulation 2000.

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82. USE OF HEAVY EARTH MOVEMENT EQUIPMENT

Excavation works involving the use of heavy earth movement equipment including rock breakers and the like must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays with no such work to be carried out on Saturday, Sunday or a public holiday.

83. NOISE FROM BUILDING WORKS - RESTRICTED ACTIVITIES

Where there is a strong community reaction to noise associated with demolition, excavation and/or construction, Council may require respite periods by restricting the hours that the specific noisy activity can occur.

Council will take into account: Times identified by the community when they are less sensitive to noise If the community is prepared to accept a longer period of construction in exchange for

restrictions on construction times. 84. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

85. BUILDING LEGISLATION AMENDMENT (QUALITY OF CONSTRUCTION) ACT - INSPECTIONS The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planning and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification. MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate. The specified MANDATORY inspections are: In the case of a Class 2 building: (a) at the commencement of the building work; (b) prior to covering of waterproofing in any wet area for a minimum of 10% of rooms with wet area

within a building; (c) prior to covering any stormwater drainage connections; and (d) after the building work has been completed and prior to any Occupation Certificate being issued

in relation to the building. In the case of a Class 5, 6, 7, 8 or 9 building: (a) at the commencement of the building work; (b) prior to covering any stormwater drainage connections; and (c) after the building work has been completed and prior to any Occupation Certificate being issued

in relation to the building. The following additional inspections are required to be undertaken by the PCA: (a) sediment control measures prior to the commencement of building work;

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(b) foundation material prior to undertaking building work; (c) shoring of excavation works, retaining walls, piers, piling or underpinning works; (d) steel reinforcement, prior to pouring concrete; (e) prior to covering timber or steel framework for floors, walls and roofing, including beams and

columns; (f) prior to installation of fire resisting construction systems (ie fire rated ceilings and walls); and Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

86. MECHANICAL VENTILATION SYSTEMS

(a) The premises are to be ventilated in accordance with the requirements of the Building Code of Australia & relevant Australia Standards.

(b) Any proposed mechanical ventilation system shall comply with the Australian Standard AS 1668 -

1991 (Parts 1 and 2). Prior to installation, the design is to be certified by a person competent to do so. At completion of the installation of the system and prior to the issue of the Occupation Certificate, the work shall be certified by a person competent to do so. The certification shall include:

(i) inspection, testing and commissioning details; (ii) date of inspection, testing and commissioning details; (iii) the name and address of the individual who carried out the test; and (iv) a statement that the service has been designed, installed and is capable of operating to

the above standard.

87. CERTIFICATE OF SURVEY - LEVELS All construction works shall be strictly in accordance with the Reduced Levels (RLs) as shown on the approved plans. Certification from a Registered Surveyor certifying ground, upper floor/s and finished ridge levels is to be submitted to the Principal Certifying Authority during construction and prior to continuing to a higher level of the building.

88. CERTIFICATE OF SURVEY - BOUNDARIES AND LOCATION OF BUILDING A Certificate of Survey prepared by a Registered Surveyor setting out the boundaries of the site and the actual situation of the building on the site is to be submitted to the Principal Certifying Authority to certify the building is located in accordance with the development consent plans. The Certificate is to be submitted prior to the construction of the external walls above the ground floor level of the building.

89. IN-SINK WASTE DISPOSAL SYSTEMS The installation of in-sink waste disposal systems is prohibited.

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90. WATER PROOFING The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier. Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

91. HOT TAP WATER SCALDING To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

92. BALCONIES NOT TO BE ENCLOSED The private open balconies attached to the proposed building are not to be enclosed at any future time, in accordance with the provisions of Council's General Policy. In this regard, the door openings within the external walls adjoining the private open balconies to be constructed so as to prevent the penetration of rain or other waters to the inner part of the building.

93. EXCAVATION TO BE MANAGED BY STRUCTURAL AND GEOTECHNICAL ENGINEER Bulk excavation is to be managed by practising geotechnical and structural engineers, in accordance with the specification for shoring and support, as detailed in the approved Construction Certificate. (Council Ref – condition Input by Independent Peer Review)

94. SERVICE PIPES All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.

95. FIRE SAFETY - EXITS

Exits and paths of travel to exits are to be kept clear and at all times to provide clear access to exits and provide a safe passage for occupants to open space in accordance with Section D of the BCA.

96. FIRE SAFETY MAINTENANCE

Access to all essential fire safety measures, such as fire hydrants, fire hose reels, portable fire extinguishers and the like must be maintained at all times and not be blocked or obstructed by furniture, equipment or the like.

97. SANITARY FACILITIES - COMMERCIAL DEVELOPMENTS

Adequate provision for sanitary facilities in accordance with Part F of the Building Code of Australia must be made for the future use of commercial tenancies. Where adequate sanitary facilities are not provided, future uses may not be approved.

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98. TREE PROTECTION

Precautions shall be taken when working near trees to ensure their retention, including the following: (a) Do not store harmful or bulk materials or spoil under or near trees; (b) Prevent damage to bark and root system; (c) Do not use mechanical methods to excavate within root zones; (d) Do not add or remove topsoil from under the drip line; (e) Do not compact ground under the drip line; (f) Do not mix or dispose of liquids within the drip line of the tree; and (g) All trees marked for retention must have a protective fence/guard placed around a nominated

perimeter.

99. VEHICLE CROSSING WORKS

The existing vehicle crossing is to be closed and a new vehicle crossing constructed. All work associated with the vehicle crossing works are to be carried out with the approval of, and in accordance with, the requirements of Council. A separate application is required for the vehicle crossing works.

100. ADJUSTMENTS TO STREET SIGNS Any street signs to be removed as a result of the development shall be relocated at the applicant’s expense in accordance with Council’s requirements.

101. SPEED HUMP ON ACCESS RAMP

A speed hump shall be installed at the applicant’s expense in the vicinity of the Denison Street property boundary on the exit lane of the access ramp.

102. CONVEX MIRROR

A convex mirror shall be installed inside the site at the car park entry/exit ramp for exiting drivers to have improved sighting of pedestrians on the Denison Street footpath.

103. FINISHED LEVELS- OXFORD STREET & DENISON STREET

Paving within the site at the Oxford Street boundary shall be finished level with the Council’s footpath at each of the pedestrian entry/exit points. Paving within the site at the Denison Street boundary shall be finished level with the Council’s footpath at each of the pedestrian entry/exit points.

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D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION 104. FINAL OCCUPATION CERTIFICATE

The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

105. SYDNEY WATER A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained. Application must be made through an authorised Water Servicing Coordinator, for details see the Sydney Water website www.sydneywater.com.au\customer\urban\index or telephone 13 20 92. Following application a "Notice of Requirements" will be forwarded detailing water and sewer extensions to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer extensions can be time consuming and may impact on other services and building, driveway or landscape design. The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to release of the subdivision plan/occupation of the development.

106. ARCHITECT TO SUPERVISE DESIGN - OCCUPATION CERTIFICATE DOCUMENTATION

In accordance with clause 154A of the Environmental Planning and Assessment Regulations 2000, the Principal Certifying Authority must not issue an occupation certificate to authorise a person to commence occupation or use of the development unless it has received a design verification from a qualified designer, being a statement in which the qualified designer verifies that the residential flat development achieves the design quality of the development as shown in the plans and specifications in respect of which the construction certificate was issued.

107. NOISE ATTENUATION CERTIFICATE On completion of any building containing residential units and prior to the issue of the Occupation Certificate the applicant shall: (a) Engage and an Australian Association Acoustic Consultant to conduct a test for noise attenuation

to classify the buildings performance on the National Star Rating Table and to confirm compliance with Condition; and

(b) Lodge with Council for public record, the noise attenuation star rating results.

108. NOISE – PLANT AND EQUIPMENT

A Certificate is to be submitted to Council at the completion of all work and prior to the issue of an Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment including mechanical supply and exhaust ventilation systems (including the car park) and lift motors comply with the terms of approval in relation to noise.

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109. CERTIFICATION OF MECHANICAL EXHAUST The mechanical exhaust ventilation system is to comply with the approved plans and specifications in addition to Australian Standards AS 1668 (part 1 and part 2, 2012). A Certificate of Test together with a copy of the final test figures is to be submitted by a competent person and approved by the Principal Certifying Authority prior to the issue of the Occupation Certificate.

110. STORMWATER Prior to issue of an Occupation certificate, certification is to be provided from a suitably qualified hydraulics engineer, that the stormwater system has been constructed in accordance with the approved stormwater management plans and to best engineering practice.

111. STRATA SUBDIVISION

Consent is required for strata subdivision of the development. Note: In respect to the allocation of car parking, bicycle spaces and storage spaces for any future strata subdivision, those spaces are not permitted to be subdivided as individual allotments and are to be part lots allocated to individual residential or commercial allotments or identified as common property. Parts allotments are to be generally allocated in accordance with the parking and storage requirements of Waverley Development Control Plan 2012. The disabled parking spaces are to be allocated to adaptable units as a first preference. If there are surplus disabled spaces, they are to be allocated to the lower level units as a preference.

112. TELECOMMUNICATIONS Notification of arrangement with Telstra and/or Optus for the provision of a telephone supply to each lot is to be submitted to the satisfaction of the Principle Certifying Authority prior to the release of the Subdivision Certificate.

113. FOOTPATH UPGRADE

The footpaths, kerb and gutter surrounding the site are to be upgraded at the applicant’s expense in accordance with Council's “Public Domain Technical Manual” prior to the issue of any Occupation Certificate. In addition, planting is to be provided on Denison Street, the location of which is to be as recommended in Figure 7a on Page 37 of the Pedestrian Wind Environment Study prepared by Windtech, dated 13 July 2016. To be effective as a wind mitigating device the planting is to be a densely foliating and evergreen variety to ensure effectiveness throughout the year. This location of the planter boxes is also subject to review by Council's Manager Traffic and Development relating to impacts on sightlines at the pedestrian crossing across Denison Street. Details of the design of the planting, planter boxes and selection of specifies is in accordance with Council's Public Domain Technical Manual and is to be reviewed by Council's Project Manager, Bondi Junction. A detailed plan of the works required on Council’s road reserve/footpath area are to be submitted to

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Council for the approval of the Executive Manager, Creating Waverley prior to those works commencing. If any defects are found in the public domain works completed by the applicant/developer within 12 months from the date of the any occupation certificate, these must be rectified by the applicant/developer to Council's satisfaction.

114. PUBLIC DOMAIN WORKS COMPLETED All footpath upgrades and public domain works are to be completed to the agreed design and standard for the satisfaction of the Executive Manager, Creating Waverley prior to the issue of an Occupation Certificate.

115. WAVERLEY DIGITAL MODEL

Prior to the issue of an Occupation Certificate an accurate 'as built' digital model of the building must be submitted to Council's Planning and Environmental Services Department for use in the Waverley Digital Model. (a) A digital model of the building must be generated at a scale of 1:1 with units of measurement in

metres and include the following: (i) a building envelope which includes all elements affecting shadow analysis; (ii) accurate placement of glazing, balconies, roof pitches, terraces, roof services and any other prominent external design features; (iii) a ground level terrain showing accurate RLs extending to site boundaries.

(b) All models must be generated in accordance with Council's Guidelines: Submitting Digital 3D

Models. Further information and technical requirements can be obtained from Council's E-Planning (3D Modelling) Officer, Planning and Environmental Services Department.

Notes: This model will update previous version/s submitted at Development Application stage. Any future modifications (under Section 96 of the Environmental Planning and Assessment Act)

that affect the external configuration of the building (from the ground level and up), will require the submitted model to be amended.

116. WASTE AND RECYCLING STORAGE AND COLLECTION - USE

(a) Sufficient space must be allocated on-site for the storage of reusable items such as crates and

pallets. (b) Should the waste generated from the commercial premises contain 20% or more food waste, a

daily waste collection will be required. (c) Should any of the commercial premises be utilised as a food premises a separate space must be

allocated for the storage of liquid wastes and oils. The liquid waste storage area must be undercover, bunded and drained to a grease trap.

(d) Should any of the commercial premises be utilised as a food premises, liquid waste from grease

traps must only be removed by licensed contractors approved by Sydney Water and NSW EPA.

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(e) Noise and odour generated from the commercial component of the development must not impact on adjoining properties.

(f) All businesses at this development must have written evidence, held on-site, of a valid and

current contract with a licensed collector of waste and recycling. (g) Responsibilities for transporting bins from the storage points to the nominated collection area,

cleaning of waste receptacles, cleaning of storage areas and booking and transporting bulky waste for Council pick up must be outlined in contracts with the building manager, cleaners and tenants.

(h) Clear and easy signs identifying the different MGB and where the MGBs should be stored in the

storage area(s) must be displayed. The above matters are to be detailed and submitted to the satisfaction of the Principal Certifying Authority prior to the occupation of the development.

117. UNDERAWNING LIGHTS Sufficient lighting shall be installed to the underside of each street awning to adequately illuminate the footpath areas of Oxford Street and Denison Street directly in front of the subject site. The lights are to be installed prior to the issue of an occupation certificate for the development.

118. BONDI JUNCTION FSR AND MAPPING MODEL In order to update Council's live floor space model and mapping system, prior the issue of a Final Occupation Certificate the following information is to be provided to the satisfaction of Council's Shaping Waverley sub-program, reflecting the final constructed building. The information is to be submitted in a table and include the following: (i) DP/Lot/Strata Plan, (ii) Address, (iii) Building footprint (m2) (iv) Gross Floor area (m2) (v) total residential floorspace (m2) (vi) total office space (m2) (vii) total retail space (m2) (viii) total no. of levels (m2) (ix) No. levels above ground (x) No. levels below ground (xi) No. of residential levels (xii) No. of dwellings (xiii) No. of commercial levels (xiv) No. of parking spaces (xv) Parking location (above or below ground) (xvi) Ground floor use (commercial, retail or residential) This information is required for any development consent within Bondi Junction Centre (as defined in Part E1 of the Waverley DCP 2012) that results in a change in gross floor area.

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119. LANDSCAPE PLAN The site is to be landscaped in accordance with the approved landscaped plan with the landscape works completed prior to the issue of the Occupation Certificate.

120. LANDSCAPE CONSULTANT A qualified Landscape and/or Arboricultural Consultant shall be retained for the duration of the construction of the development. The Consultant shall submit to the Principal Certifying Authority a Certificate of Practical Completion stating the work has been completed in accordance with the approved Landscape Plan and that a maintenance program has been established. The Certificate shall be lodged upon satisfactory completion of the landscaping works and prior to the issue of the Occupation Certificate.

121. ALLOCATION OF STREET NUMBER The redevelopment of the property has lead to the following allocation of premises numbers:

No. 59 Oxford Street for the building (primary premises);

The primary premises number for the property shall be a minimum of 75mm high and shall be positioned 600mm-1500mm above ground level on the site boundary that fronts Oxford Street.

As the redevelopment has multi level sub-addressing the following sub-addressing will apply;

All sub-premises numbers must be unique,

The floor/level number will represent the first number of the sub address and the last two digits in the sub-address shall be unique on each level,

For clarity, a zero will be interposed in the number of the first nine sub address levels ie Level 3 unit 7 =307,

Level at ground and below ground shall also be identified by prefixes to distinguish these levels ie Ground =G, Lower Ground = LG Basement + B, B1 Etc

Commercial premises will be identified with an address identifier ie Shop 101, Office 102 ,

The primary premises and sub premises numbers are to be positioned on the site and Council notified in writing of the corresponding sub premises numbers to lot number prior to the issue of the Occupation Certificate.

Any variation to the above premises numbering requires a new application to be lodged with Council.

122. SLIP TESTS OF COMMON AREAS

Common area tiles should not have slippery finishes. Slip tests should be undertaken in wet conditions.

123. TACTILE NUMBER IN LIFT

The applicant is advised that with regard to the provision of the lift in the building, it will be necessary for tactile numbers to be placed on each level of the building and within the lift to assist visually impaired people.

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124. MARKING OF CAR SPACES

The resident, resident visitor, retail, office and disabled parking spaces being clearly line marked, numbered and signposted prior to the issue of an Occupation Certificate.

125. VEHICLE ACCESS

All vehicles including service vehicles entering and exiting the basement garage shall do so in a forward direction at all times.

E. OPERATIONAL CONDITIONS DURING OCCUPATION

126. DOMESTIC HEATERS The provision of solid fuel heating/cooking appliances is prohibited.

127. DELIVERY OF GOODS Loading and unloading of vehicles and delivery of goods to the land shall at all times be carried out within the site. As required by the condition above, the loading vehicles are to utilise the approved retail spaces on the ground floor. The area set aside for car parking as shown on the approved plans shall be used for the parking of vehicles and for no other purpose.

128. ROLLER SHUTTERS The installation of roller shutters or grilles, in front of, or in place of a standard window or shop front is prohibited. Council Policy requires the retention of a glass shop front for window display purposes. Should increased security be desired, then consideration should be given to applying shatter-resistant film or replacing existing shop window glass with laminated glass.

129. HOURS OF OPERATION OF COMMUNAL OPEN SPACE OF THE DEVELOPMENT The use of the communal open space on the roof level of the development shall be restricted to the following hours: (a) Monday to Friday (excluding public holidays) 7am to 9pm (b) Weekends and public holidays 8am to 9pm (c) New Year’s Eve 9am to 12:30am.

130. NOISE - MECHANICAL PLANT

Noise associated with mechanical plant shall not give rise to any one or more of the following: (a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act

1997 to any place of different occupancy. (b) A sound pressure level at any affected property that exceeds the background (LA90, 15 minute)

noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use. The source noise level must be assessed as a LAeq, 15 minute.

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(c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant associated with the premises must not be audible in any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

(d) A Certificate is to be submitted at the completion of all work and prior to the issue of an

Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise.

131. NOISE EMISSIONS

(a) No sound reproduction device nor any forms of entertainment (or general noise) within the premises are to exceed a noise level of 5dBA above background noise levels measured from any public place or other parts of the premises or adjoining premises. The background noise level must be measured in absence of noise emitted from the use in accordance with AS 1055.

(b) No sound reproduction device shall be installed external to the building, but rather shall be

confined to internal areas of the subject premises only. Such devices must not be placed so as to direct the sound towards the outdoor areas associated with the premises.

(c) Sound reproduction devices (including music live or otherwise) shall be restricted to between

9am and 10pm, Monday to Saturday and from 9am to 9.30pm Sundays due to residential premises being located above and nearby.

(d) The use of the premise must be controlled so that any emitted noise is at a level so as not to

create an "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any affected receiver (any place of different occupancy)

132. AIR EMISSIONS

The use of the premises shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act, 1997. No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise.

133. CONTROL OF LEGIONNAIRES DISEASE

(a) All cooling towers and warm water systems must be operated and maintained in accordance with AS/NZS 3666 2011, the Public Health Act 2010, Public Health Regulation 2012 and NSW Health Code of Practice for the Control of Legionnaires Disease.

(b) The occupier of the building must register and provide particulars of any water cooling, and

warm-water systems as required under the provisions of the Public Health Act, 2010 and Regulation. Registration forms are available from Council.

134. DISPLAY OF WASTE MANAGEMENT PLAN

The occupant/individual owner/body corporate shall be provided with at least one copy of the Waste Management Plan. An additional copy of the plan shall be displayed in a secure, visible and accessible position within or adjacent to the waste storage area. The approved Waste Management Plan must be complied with at all times during occupation.

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135. FIRE SAFETY MAINTENANCE

Access to all essential fire safety measures, such as fire hydrants, fire hose reels, portable fire extinguishers and the like must be maintained at all times and not be blocked or obstructed by furniture, equipment or the like.

136. LIGHTING

a) Any lighting on the site shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

b) All external lighting fixtures should be vandal resistant.

c) Lighting should be carefully considered in areas covered by CCTV to allow for optimum

viewing.

d) Lighting should be free of obstructions, such as tree branches, pipes, etc.

e) Transition lighting should also be used throughout the site to reduce vision impairment, i.e. impairment caused by walking from dark to light places and light to dark places.

f) All external area lights and carparks to multi-unit dwellings shall be on sensor switches to

save energy and reduce light spill to the sky; low voltage solar powered lights to front entry footpaths are acceptable for continuously illuminated lighting.

137. NOISE COMPLAINTS

If, during on-going use of the premises, substantiated complaints of breaches of noise emission conditions and/or the Protection of the Environment Operations Act, 1997 occur, an acoustic report assessing the impact of the operation will be required to be carried out by a suitably qualified acoustic consultant. The report is to be submitted to the satisfaction of Council's Safe Waverley sub-program within 60 days of written request. The investigation shall include, but not be limited to: (a) The identification of sensitive noise receivers potentially impacted by the proposal; (b) The quantification of the existing acoustic environment at the receiver locations (measurement

techniques and assessment period should be fully justified and accordance with relevant Australian Standards and NSW Environment Protection Authority (EPA) requirements);

(c) The formation of a suitable assessment criteria having regard to the guidelines contained in the

NSW EPA Industrial Noise Policy; (d) The identification of operational noise producing facets of the use and the subsequent

predictions of resultant noise at the identified sensitive receiver locations from the operation of the use. Where appropriate the predication procedures must be justified and include an evaluation of prevailing atmospheric conditions that may promote noise propagation;

(e) A statement indicating that the operation of the premises complies with the relevant criteria

together with details of acoustic control measures that will be incorporated into the development/use, will not create adverse noise impacts to surrounding development.

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Application number DA-585/2015 Site address 59-69 Oxford Street ...

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