The Panel granted consent to Development Application Number strikethrough):
(2) HOUSING AND PRODUCTIVITY CONTRIBUTION
Before the issue of any
Construction Certificate the housing and productivity contribution (HPC) set
out in the table below is required to be made.
|
Housing and productivity contribution |
Amount |
|
Housing and productivity contribution (base component) |
$65,003.56 |
|
Transport project
component |
$0.00 |
|
Total housing
and productivity contribution |
$65,003.56 |
The HPC must be paid using the
NSW planning portal.
At the time of payment, the
amount of the HPC is to be adjusted in accordance with the Environmental
Planning and Assessment (Housing and Productivity Contributions) Order 2024
(HPC Order).
The HPC may be made wholly or
partly as a non-monetary contribution (apart from any transport project component)
if the Minister administering the Environmental Planning and Assessment Act
1979 agrees.
The HPC is not required to be
made to the extent that a planning agreement excludes the application of
Subdivision 4 of Division 7.1 of the Environmental Planning and Assessment
Act 1979 to the development, or the HPC Order exempts the development from
the contribution.
The amount of the contribution
may be reduced under the HPC Order, including if payment is made before 1 July
2025.
Reason
To require contributions towards
the provision of regional infrastructure.
(4) DESIGN
MODIFICATIONS – BALSUTRADE DESIGN
(a) Use of the material ‘SC1 Fluted Screen (terracotta tones) tempio cylindrical baguette’ as balustrades is not clearly detailed in the drawings. It is likely greater structure than depicted will be required to support this design. 1:20 plans, sections and elevations of the balustrades must be submitted to and approved by Council’s Area Planning Manager prior to a Construction Certificate being issued.
(b)
The proposed street elevation is to be
updated to include a brick shadow line or soldier course at the same height as
the ground floor awning, extending the length of the Hickson Road elevation
from the awning over the booster and car park entry. Updated elevations must be
submitted to and approved by Council’s Area Planning Manager prior to a
Construction Certificate being issued.
Reason
To require amendments to the approved plans and supporting documentation following assessment of the development.
(5) ACOUSTICALLY TREATED, NATURALLY VENTILATED PLENUM DESIGN DETAILS
Details of the
acoustically treated, naturally ventilated plenum to Bedroom 1 of “apartments
2, 4 and 6 are required.
The below
documentation is to be provided to Council’s Area Planning Manager prior to
issue of a Construction Certificate to demonstrate the adequacy of the plenum:
(a) The plenum design must be demonstrated to comply with the following:
(i) No mechanical assistance is to be provided to the plenums and/or alternative façade treatments. The plenum must incorporate acoustic lagging, be accessible for cleaning and be fitted with an insect screen. The plenum must not incorporate baffles that choke airflow.
(ii) Scaled elevations, plans and sections of the plenum are to be provided at 1:10.
(iii) The plenum design must be captured by specific drawing detailing the construction of the plenum and a written document outlining the specifications, manufacturing requirements and performance requirements for the plenum.
(b) A
suitably qualified ventilation expert must be engaged and prepare a Ventilation
Assessment of the proposed plenums to demonstrate compliance with the City of
Sydney’s Draft Alternative Natural Ventilation of Apartments in Noisy
Environments: Performance Pathway Guideline.
The below
documentation is to be provided to Council’s Area Planning Manager prior to
issue of an Occupation Certificate to demonstrate the adequacy of the plenums:
(c) The plenum design must be certified by a written acoustic compliance statement prepared by a suitably qualified acoustic consultant which demonstrates the following:
(i) The plenum must have an acoustic performance requirement expressed in terms of 1/1 octave bands (centre frequencies 31.5Hz through 8 kHz) to afford compliance with the noise criteria below, whilst the ventilators are operating, and external windows and doors are closed.
(ii) LAeq, 1 hour 45 dB(A) in any main living area (24-hours) and LAeq, 1 hour 35 dB(A) in any bedroom (10:00pm-7:00am), as outlined in Section 4.2.3.11 of the Sydney Development Control Plan (SDCP) 2012.
(iii) The
written acoustic compliance statement will form part of the NOISE -
CERTIFICATION OF ACOUSTIC DESIGN AND CONTINUED INTEGRITY PRIOR TO CONSTRUCTION
CERTIFICATE condition (Condition 52 55),
as a report that must be certified and verified prior to a relevant
construction and occupation certificate in accordance with the condition.
(d) A maintenance report prepared by a suitably qualified engineer which demonstrates how the plenums will be maintained for the life of the development must be submitted.
The plenums must
be retained for the life of the development.
Where the
requirements of this condition conflict with another report (for example a
separate acoustic report), this condition prevails.
Reason
To require amendments to the approved plans and supporting documentation
following assessment of the development.
(14) SWINGING DOORS OVER PUBLIC WAY
Any access doors
to enclosures housing building services and facilities, such as hydrant and
sprinkler booster assemblies or the like, must not open over the footway/roadway
and not block the footway to provide unimpeded pedestrian access.
Reason
To ensure no element of the development obstructs the use of the public way.
(15) STRATA
SUBDIVISION
– APPROVAL OF STRATA PLAN REQUIRED
A separate application must be made to Council or a
Registered Strata Certifier to obtain approval of the Strata Plan and issue of a
Strata Certificate under the Strata Schemes Development Act 2015.
Reason
To ensure
separate approval is obtained for approval of the Strata Plan.
(41) SWINGING
DOORS OVER PUBLIC WAY
Any access
doors to enclosures housing building services and facilities, such as hydrant
and sprinkler booster assemblies or the like, must not open over the
footway/roadway.
Reason
To ensure no
element of the development obstructs the use of the public way.
(42) FLOOD RISK MANAGEMENT
(a) Details of proposed flood barriers and their
operation to demonstrate:
(i) Flood control devices or systems can
withstand flood-related forces including hydro static load and dynamic load and
impacts in a probable maximum flood event.
(ii) Flood control devices or systems have been
certified by an appropriately experienced engineer registered on the National
Engineers Register (NER).
(iii) Flood control devices or systems are
integrated into the driveway of a building to descend from above or ascend from
below to exclude floodwater.
(iv) Automatic closure of flood control devices
or systems, together with an anti-opening mechanism to prevent them from being
opened in a flood event.
(v) Appropriate peripheral safety measures will
be provided to support the operation of the flood control devices or systems,
including, but not limited to:
a. an independent back-up power supply, to
be used in the event of a power failure; and
b. audible and visual alarm systems to warn
of the operation of the flood doors and barriers. The alarm system must be
linked to the building management system which indicates the status of the
failsafe operation and back-up supply power;
c. flood sensors linked to the alarm system
to provide information on the status of the operation of the flood doors and
barriers; and
d. passenger lift programming is to ensure
that the lift is deactivated when flood doors and barriers are activated.
(b) All building structures are to be designed to
ensure structural integrity for immersion and the impact of hydraulic forces of
floodwaters and debris up to the 100 year flood level plus 0.5m or Probable
Maximum Flood level, whichever is the greater. For example, where glass is
used, it must be toughened glass to resist the impact of hydraulic forces of
floodwaters and impact loading of debris. Details of these works shall be
submitted to and shall be approved by the Principal Certifying Authority prior
to the issue of any the stage 2 Construction Certificate.
(c) Flood protection is required for all flood
events up to and including the minimum flood planning levels applicable to the
subject site.
(d) Flood proofing is to be maintained for the
life of the development. The design of the flood proofing is to be certified by
a suitably qualified practitioner engineer with experience in flood proofing
and is to be compatible with the design of the development set out in this development
consent. The certification must ensure compliance with the relevant Australian
Standards and codes for structural engineering. The certification must be
supplied by the Applicant to the Certifying Authority.
(e) All flood protection features requiring
power to operate must have alternative backup power source.
(f) All electrical features including power
points and other mechanical equipment must be set above the Flood Planning
Level, noting the substation is not subject of a freeboard as per Ausgrid’s
advice. This must be shown on the detailed plans prior to the issue of
the Construction Certificate for the basement.
(g) A design certification report prepared by a
suitably qualified practitioner engineer demonstrating compliance has been
achieved of these requirements above shall be submitted to and shall be
approved by the Principal Certifying Authority prior to the issue of any
Occupational Certificate.
Reason
To ensure flood risk management
measures are complied with.
(43) FLOOD EMERGENCY RESPONSE PLAN
(a) A Flood Emergency Response Plan is to be
prepared by a suitably qualified flood engineer. The Flood Emergency Response
Plan is to be implemented and operated by the building owner and/or Owners
Corporation at all times.
(b) The Flood Emergency Response Plan must
include all measures required to be implemented to ensure the ongoing
management of flooding risk in relation to the building, including (but not
limited to) the following:
(i) describe the flood conditions in the vicinity
of the site
(ii) if appropriate, direct persons on the site
to seek refuge above the Probable Maximum Flood level for all levels of the
building that are flood affected. Shelters in place for flood affected parts of
the building is not permissible
(iii) include a map directing residents and
visitors to a refuge via a flood free pathway within the building
(iv) describe the audible and visual alarm system
for the basement area, including the linkage of this system to the building
management system, details of failsafe operations and alternate power
arrangements
(v) provide details (as an appendix) of all
proposed flood sensors, their purpose, operation and maintenance (including the
frequency of maintenance)
(vi) provide details of lift design and operation
in the event of a flood and specify how the lift will be deactivated in the
event of a flood
(vii) provide details of access to flood free
areas for disabled persons
(viii) provide details of all flood protection design
features of the building (flood doors and the like) and describe their
operation, maintenance, repair and replacement arrangements. Repairs are to be
completed to ensure that the flood doors/gates/barriers remain operational and
effective at all times
(ix) a pumping option needs to be shown, along
with the location of pumps (in case mechanical failures of flood barriers
occur). The pumps must be designed to pump out the full range of flood volumes
within 6 - 48 hours after floodwaters have receded, pending
on the size of the pump
(x) details of the operations and maintenance
of the pumps are to be included. Any pumping equipment used to disperse flood
waters should have the same maintenance schedule as the flood doors
(xi) make provision for three monthly testing by
the building owner and/or Owners Corporation
(c) The building owner and/or Owners’
Corporation must enter into a service arrangement by which all identified
faults or defects to all flood designed features of the building must be
repaired within 24 hours.
(d) No toxic or other hazardous materials are
to be stored below the Flood Planning Level or in the basement levels.
(e) Prior to the issue of any Construction
Certificate for the basement, the Flood Emergency Response Plan (FERP) is to be
submitted to and approved by Principal Certifying Authority (PCA).
Reason
To ensure flood risk management
measures are complied with.
(49) DILAPIDATION REPORT – MAJOR EXCAVATION/DEMOLITION
(a) Subject to the receipt of permission of the
affected landowner, dilapidation report/s, including a photographic survey of [insert
affected properties] 1 Lower Fort Street, Dawes Point (and
any other properties identified by the qualified structural engineer engaged to
undertake the report) are to be prepared by an appropriately qualified
structural engineer prior to commencement of demolition/excavation works. A
copy of the dilapidation report/s together with the accompanying photographs must
be given to the above property owners, and a copy lodged with the Registered
Certifier and the Council prior to the issue of any Construction Certificate.
UPON COMPLETION OF
EXCAVATION/DEMOLITION
(b) A second Dilapidation Report/s, including a
photographic survey must then be submitted at least one month after the
completion of demolition/excavation works. A copy of the second dilapidation
report/s, together with the accompanying photographs must be given to the above
property owners, and a copy lodged with the Principal Certifier and the Council
prior to the issue of any Occupation Certificate.
Any damage to buildings,
structures, lawns, trees, sheds, gardens and the like must be fully rectified
by the applicant or owner, at no cost to the affected property owner.
Note: Prior to the commencement
of the building surveys, the applicant/owner must advise (in writing) all
property owners of buildings to be surveyed of what the survey will entail and of
the process for making a claim regarding property damage. A copy of this
information must be submitted to Council.
Reason
To ensure that dilapidation
reports are prepared and to identify damage to adjoining/nearby properties
resulting from building work on the development site.
(54) HOTEL DROP-OFF AND VALET CAR PARKING MANAGEMENT PLAN
A Hotel Drop-off
and Valet Car Parking Management Plan is to be prepared and submitted to and
approved by Council’s Area Planning Manager prior to issue of a Construction Certificate.
The Plan must
include (but not limited to the following):
(a) details
of guest and visitor vehicle drop-off and pick-up arrangements (any pre-booking
is if required?)
(b) details of valet parking operations, including the location of vehicle collection, storage and retrieval
(c) measures to ensure valet parking activities do not result in vehicle queuing on public roads or adversely affect the safe and efficient operation of the surrounding road network
(d) measures to ensure safe and convenient pedestrian movement between the vehicle drop-off/pick-up location and the hotel entrance
The approved Plan
must be implemented and maintained at all times for the life of the
development.
Reason
To ensure safe and
efficient hotel drop-off, pick-up and valet parking operations with minimal
traffic impacts.
(56) DEMOLITION, EXCAVATION AND CONSTRUCTION NOISE AND VIBRATION MANAGEMENT PLAN
A site-specific noise management
plan must be submitted to the Council for comment and approval prior to issue of
any Construction Certificate. The Plan must be prepared by a suitably qualified
acoustic consultant who is a person who possesses the qualifications to join
the Australian Acoustic Society, Institution of Engineers Australia (grade of
member) or the Association of Australasian Acoustic Consultants (grade of
member firm). The plan must include but not be limited to the following:
(a) identification of noise sensitive receivers
near to the site
(b) a prediction as to the level of noise impact
likely to affect the nearest noise sensitive receivers from the use and
proposed number of high noise intrusive appliances intended to be operated
onsite. A statement should also be submitted outlining whether or not predicted
noise levels will comply with the noise criteria stated within the City of Sydney Construction Hours /Noise
Code of Practice 1992 for the typical construction hours of 07.00am to
7.00pm. Where resultant site noise levels are likely to be in exceedance of
this noise criteria then a suitable proposal must be given as to the duration
and frequency of respite periods that will be afforded to the occupiers of
neighbouring property
(c) a representative background noise
measurement (LA90, 15 minute) should be submitted, assessed in the
vicinity of any potentially affected receiver locations and measured in
accordance with AS 1055:1.2.1997
(d) confirmation of the level of community consultation
that has/is and will be undertaken with Building Managers/ occupiers of the
main adjoining noise sensitive properties likely to be most affected by site
works and the operation of plant/machinery particularly during the demolition
and excavation phases
(e) confirmation of noise monitoring
methodology that is to be undertaken during the main stages of work at
neighbouring noise sensitive properties in order to keep complaints to a minimum
and to ensure that noise from site works complies with the noise criteria
contained within City's Construction Noise Code
(f) what course of action will be undertaken
following receipt of a complaint concerning offensive noise
(g) details of any noise mitigation measures
that have been outlined by an acoustic consultant or otherwise that will be
deployed on site to reduce noise impacts on the occupiers of neighbouring noise
sensitive property to a minimum
(h) 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
Reason
To ensure an adequate
construction noise and vibration management plan is prepared.
(107) REGISTRATION
OF COVENANT – EMP/LEMP
(a) Before the issue of any occupation certificate,
the applicant must register a covenant on the land title under the Conveyancing Act
1919, indicating that contaminated
material has been contained onsite. The covenant must nominate Council as the
sole authority with the power to release, vary, or modify its terms.
(b) The covenant must bind the current and
future registered owners to the ongoing responsibility for maintenance,
monitoring, and rehabilitation works, as required under any active or passive Environmental
Management Plan. This includes managing any encapsulated or residual
contamination, preventing the discharge of contaminants, and undertaking any
works required by the NSW EPA.
(c) A copy of the updated certificate of title,
showing the registered covenant, must be submitted to Council and the Certifier
before the issue of any Occupation certificate.
Reason
To
ensure that contamination is appropriately managed.
(108) LAND
REMEDIATION – SITE AUDIT STATEMENT (STAGED)
(a) Before the issue of any
Occupation certificate related to the built form of the development (excluding
works directly associated with remediation), a Section A Site Audit
Statement (SAS) must
be obtained from a NSW Environment Protection Authority accredited Site
Auditor. This statement must be submitted to the Council’s Area Planning
Manager via email hbapplications@cityofsydney.nsw.gov.au.
(b) The SAS must confirm that
the site has been remediated in accordance with the approved Remediation Action
Plan and must clearly state that the site is suitable for the proposed use.
(c) If the SAS includes
conditions requiring ongoing review by the Auditor or Council, these conditions
must be reviewed and approved in writing by Council before the statement is
issued.
(d) If any conditions of the SAS
are inconsistent with this development consent, the development must not
proceed until the inconsistency is resolved to Council’s satisfaction (e.g.
Section 4.55 modification under the Environmental Planning and
Assessment Act 1979).
(e) A Certifier must not issue
an Occupation certificate unless the SAS has been submitted to and approved by
Council in accordance with this condition.
Reason
To ensure that the site is appropriately remediated.
(109) SITE
AUDIT STATEMENT – ENVIRONMENTAL MANAGEMENT PLAN
(a) Where the ongoing suitability of the land
and the issuance of the final Section A Site Audit Statement is dependent on the implementation of an
Environmental Management Plan (EMP) or Long Term Environmental Management Plan
(LTEMP) for managing residual contamination, the EMP must be approved by the
Site Auditor. A copy of the approved EMP must be submitted to Council before
the release of the final Site Audit Statement.
(b) The EMP must be prepared, or reviewed and
approved, by an appropriately qualified and certified environmental consultant.
(c) The EMP must comply with the relevant EPA
guidelines for Site Auditors. It must clearly describe the nature and location
of the residual contamination, outline the long-term management and monitoring
measures, identify responsible parties, and specify the legal mechanism by
which the plan will be enforced.
(d) The EMP must also include a contingency
plan detailing the actions to be taken in the event of failure of any
containment or management systems for the residual contamination.
Reason
To
ensure that contamination is appropriately managed.
(110) SITE
VALIDATION REPORT (No Site Auditor engaged - low level of risk)
Before the issue of any Occupation certificate, a
Site validation report must be submitted to Council. The validation report is
to be prepared by a suitably qualified environmental consultant with experience
in land contamination and in accordance with the EPA NSW contaminated land
legislation and guidelines including the Contaminated Land Management Act 1997.
The report is to satisfactorily document the following:
(a) The
extent of validation sampling, and the results of the validation testing.
(b) That
the site is suitable for the proposed use.
Reason
To ensure that the site is appropriately
remediated.
(130) SCHEDULED COLLECTIONS - RESIDENTIAL
(a) Scheduled collections and waste management
arrangements of Council’s residential waste stream(s) is to be conducted in
accordance with the stamped plans, approved Operational Waste Management Plan, the
developments Conditions of Consent and the City’s Local Approvals Policy
Managing Waste in Public Spaces.
(b) Council’s Domestic Waste Charge is applied
to all residential rate accommodation properties in accordance with section 496
of the Local Government Act 1993. Residential accommodation is defined
in accordance with the Sydney Local Environmental Plan 2012 dictionary.
(c) Council’s Domestic Waste Charge is
applied to all residential rate accommodation properties in accordance with
section 496 of the Local Government Act 1993. Residential accommodation is
defined in accordance with the Sydney Local Environmental Plan 2012 dictionary.
(d) Unobstructed access to be provided for
Councils standard waste collection vehicles to access the waste and recycling
storage area(s), loadings bays and supporting infrastructure between the hours
6am and 6pm on collection day(s) to support the provision of a safe and
efficient waste collection service to the site.
Reason
To support the safe and
efficient scheduled residential waste collection service and minimise the
impacts on public amenity and safety.
(134) ENCROACHMENTS – PUBLIC WAY
No portion of the proposed
structure, including gates and doors during opening and closing operations,
shall encroach upon Council’s footpath area, other than the awning and
open doors to the hydrant and sprinkler booster.
Reason
To
protect the public way.
The application was approved for the following reasons:
(A) The proposal satisfies the objectives of the Environmental Planning and Assessment Act 1979 in that, subject to the recommended conditions of consent, it achieves the objectives of the planning controls for the site for the reasons outlined in the report to the Local Planning Panel.
(B) The proposal is consistent with Chapter 5 of the State Environmental Planning Policy (Precincts – Eastern Harbour City) 2021, being a permissible form of development within Zone 1 – Walsh Bay Conservation Zone. The proposal is also consistent with the matters for consideration under Clause 5.14 of the SEPP, as it responds appropriately to the heritage significance and urban design framework of Walsh Bay, retains significant public views, maintains public access to the foreshore and surrounding public domain, and will not result in adverse traffic or amenity impacts.
(C) The proposal has been assessed against the aims and objectives of the relevant planning controls including the Sydney Development Control Plan 2012, and State Environmental Planning Policy (Housing) 2021. Where non-compliances exist, they have been demonstrated in this report to be acceptable in the circumstances or are to be resolved by the recommended conditions of consent.
(D) The proposed development has a form, bulk and scale that are appropriate to the site and its heritage setting and generally accords with the site-specific Conservation Management Plan building envelope while responding appropriately to the character and significance of the Walsh Bay and Dawes Point precinct.
(E) Conditions 2, 5, 14, 15, 41, 42, 43, 49, 54, 56, 107, 108, 109, 110 and 130 were amended in line with a request by the applicant, being administrative, corrective and clarifying in nature, including the correction of errors, removal of duplicate or redundant conditions, and updates to references and technical requirements.
(F) Condition 4 was amended to improve the visual consistency and articulation of the street frontage by establishing a continuous horizontal architectural element across the elevation.
(G) Condition 134 was amended to reflect the changes to Condition 14.
Carried unanimously.
D/2026/208