Marghanita da Cruz for Inner West Council, The Greens

Marghanita da Cruz

Greens Councillor
Leichhardt Ward - Inner West Council

Elected 9 September 2017

Marghanita da Cruz wants to build a community with good footpaths to public transport, community centres and green spaces. Facilities to help us lead active lives. An environment in which we look after our waterways, and harness energy from the sun and wind.

Contact | Bio | Map of the Leichhardt Ward | Donate | Check Enrollment

What has Marghanita been doing? Spotlight on the approval of Westconnex M4-M5 Link | April 2018 | March 2018| February 2018| Annandale to Lilyfield, 4 Feb 2018 | January 2018 | November-December 2017 | September-October 2017 | Solar our Community | Election Diary | Campaign Log: June | 1-10 July | 11-31 July | August | September

Council Staff to brief Annandale Residents on Impacts

7-8.30pm Wednesday 30 May 2018
Annandale Community Centre
79 Johnston Street Annandale

Petition for a Parliamentary Enquiry

This Petition brings to the attention of the Government of NSW the risk of proceeding with the $17 billion WestConnex toll road when the community consultation process has been inadequate; transport planners and financial analysts alike increasingly condemn the project as incapable of addressing Sydney's transport problems; and Australian and international research indicates WestConnex will fail to deliver the benefits or revenues promised.sign the petition

Petition Opposing Dive Site and Trucks travelling to it through Annandale

The construction of the 'dive' site at Camperdown will see the movement of over 110 heavy trucks EVERY day up Johnston Street Annandale.
These trucks will produce deadly amounts of diesel particulates polluting 3 schools, 2 pre-schools, 2 aged care homes + hundreds of small business & residents...sign the petition

Below are extracts from the Instrument of Approval, with a focus on the Leichhardt Ward, published under Determination(6)
WestConnex M4-M5 Link Environmental Assessment Report (EA Report).pdf (8.713 MB)
WestConnex M4-M5 Link Instrument of Approval.pdf (2.601 MB)
WestConnex M4-M5 Link_Independent Consultant Peer Review_Appendix D of EA Report_Traffic and Transport.pdf (1.079 MB)
WestConnex M4-M5 Link_Independent Consultant Peer Review_Appendix F of EA Report_Air Quality.pdf (1.289 MB)
WestConnex M4-M5 Link_Independent Consultant Peer Review_Appendix G of EA Report_Urban Design.pdf (9.771 MB)
WestConnex M4-M5 Link_Independent Consultant Peer Review_Appendix H of EA Report_Groundwater.pdf (449.7 KB)
at majorprojects.planning.nsw.gov.au

The information below is provided as a guide to highlight the impacts on the Leichhardt Ward and should not be relied upon as a complete presentation of the approval instrument. The information provided here should be verified against the approval instrument (available at majorprojects.planning.nsw.gov.au) for accuracy.

Feedback is Welcome

Marghanita da Cruz
Telephone: 0414-869202
Email: marghanita.dacruz@ramin.com.au

Extracts Approval Instrument with a focus on the Leichhardt Ward

Declaration

Declaration as Critical State Significant Infrastructure landscaping, including the provision of new open space within the former Rozelle Rail Yards; new road works, widening road works and intersection modifications to facilitate connection between surface roads and the Rozelle Interchange, and along Victoria Road to accommodate the Iron Cove Link; tunnel support systems and ancillary services including electricity substations, water treatment facilities, fire and emergency systems, and tolling gantries; provisions of new and modified noise abatement facilities; temporary ancillary construction facilities; and utility adjustments, modifications, relocations and/or protection.

The proposal is critical State significant infrastructure by virtue of Schedule 5, clause 4 of State Environmental Planning Policy (State and Regional Development) 2011.

NSW Government Department of Planning and Environment Conditions of Approval for WestConnex M4-M5 Link SSI 7485

TABLE OF CONTENTS

Drill Site John Street Leichhardt

Pyrmont Bridge/Parramatta Road Dive Site Annandale (formerly Camperdown)

Aspects of the Project that affect the Leichhardt Ward.

E11: Rozelle Exhaust Stacks

E11 Iron Cove Exhaust Stacks

E88: Out of Hours Mitigation

E88: Construction Fatigue, Rozelle and Annandale

E88: Construction Fatigue, Ashfield and Haberfield (detail)

E88: Construction Fatigue, Ashfield and Haberfield (large file)

C7: Victoria Road, Rozelle Civil Site

White Bay Civil Site

"The Crescent civil site

Temporary changes to the intersection of The Crescent and Chapman Road may be required. However, access to the commercial premises that use Chapman Road would be maintained.

There would be periodic, short-term closures of the footpath between City West Link and Johnston Street during construction, and permanent closure of the shared path through Buruwan Park connecting The Crescent with Bayview Crescent.

During construction, there would be alternative access to the Rozelle Bay Light Rail Stop from The Crescent and Bayview Crescent"

This means loss of shared path between Railway Parade and Annandale Foreshore - between Rozelle Light Rail Stop and 433 Bus Stop contained in the Rozelle Interchange Fact Sheet.

Plan of Crescent, Annandale Civil Site Source:Rozelle Interchange Fact Sheet.

Another Plan of Crescent, Annandale Civil Site Source:Rozelle Interchange Fact Sheet.

Statement on loss of Buruwan Park

Trucks down Johnston Street

mapJohnston Street, Annandale Truck Route

Pyrmont Bridge/Parramatta Road Dive Site (Annandale/Camperdown) (and 550k version)

Facsimile: Approval

Facsimile: Heritage Conditions

Facsimile: Dilapidation Reports

SCHEDULE 1, p1

DEFINITIONS AND TERMS, p5

SUMMARY OF REPORTING AND APPROVAL REQUIREMENTS, p12

SCHEDULE 2, p17
PART A, p17

ADMINISTRATIVE CONDITIONS, p17
GENERAL, p17
STAGING, p18
ENVIRONMENTAL REPRESENTATIVE, p19
ACOUSTICS ADVISOR, p20
COMPLIANCE TRACKING PROGRAM, p21
CONSTRUCTION COMPLIANCE REPORTING, p21
PRE-OPERATION COMPLIANCE REPORT, p22
AUDITING, p22
INCIDENT NOTIFICATION AND REPORTING, p23
IDENTIFICATION OF WORKFORCE AND COMPOUNDS, p23

PART B, p24

COMMUNITY INFORMATION AND REPORTING, p24
COMMUNITY INFORMATION, CONSULTATION AND INVOLVEMENT, p24
COMPLAINTS MANAGEMENT SYSTEM, p25
PROVISION OF ELECTRONIC INFORMATION, p26

PART C, p27

CONSTRUCTION ENVIRONMENTAL MANAGEMENT, p27
CONSTRUCTION ENVIRONMENTAL MANAGEMENT PLAN, p27
CONSTRUCTION MONITORING PROGRAMS, p28
CONSTRUCTION ANCILLARY FACILITIES, p30
SITE ESTABLISHMENT WORKS, p30

PART D, p32

OPERATIONAL ENVIRONMENTAL MANAGEMENT, p32
OPERATIONAL ENVIRONMENTAL MANAGEMENT, p32
OPERATIONAL MONITORING PROGRAM, p33

PART E, p35

KEY ISSUE CONDITIONS, p35
AIR QUALITY, p35
TRAFFIC, TRANSPORT AND ACCESS, p43
NOISE AND VIBRATION, p47
SOCIO-ECONOMIC, LAND USE AND PROPERTY, p54
URBAN DESIGN AND VISUAL AMENITY, p56
UTILITIES MANAGEMENT, p61
HAZARDS AND RISK, p61
FLOODING 63
HERITAGE, p64
BIODIVERSITY 66
SOILS, p67
WATER, p68
SUSTAINABILITY, p70
WASTE, p70

DEFINITIONS AND TERMS

The definitions and terms below (Table 1) apply to terms used in this approval, unless otherwise stated or the context indicates otherwise.

Table 1: Definitions and Terms

Term Definition

AA The Acoustics Advisor for the CSSI

Aboriginal object The same meaning as in the National Parks and Wildlife Act 1974

AHD Australian Height Datum

Ancillary facility A temporary facility for construction of the project including an office and amenities compound, construction compound, material crushing and screening plant, materials storage compound, maintenance workshop, testing laboratory, material stockpile area, car parking compound and truck marshalling facility.

Annoying activities: As defined by the Interim Construction Noise Guideline to include:

(a) use of ‘beeper’ style reversing or movement alarms, particularly at night-time;

(b) use of power saws, such as used for cutting timber, masonry, road pavement or steel work;

(c) grinding metal, concrete or masonry;

(d) rock drilling;

(e) line drilling;

(f) bitumen milling or profiling;

(g) vibratory rolling;

(h) jackhammering, rock hammering or rock breaking; and

(i) impact piling.

AQCCC Air Quality Community Consultative Committee

At-property treatment As defined in section 7.3 of the Noise Mitigation Guideline (RMS, 2015)

ARI Average Recurrence Interval: The average, or expected, value of the periods between exceedances of a given rainfall total accumulated over a given duration.

CASA Civil Aviation Safety Authority

CEMP Construction Environmental Management Plan

Completion of construction The date upon which all construction is completed and all requirements of the Secretary (if any) have been met. If construction is staged, completion of construction is the date upon which construction is completed and all requirements of the Secretary (if any) have been met, in respect of all stages of construction.

Conditions of approval The Minister’s conditions of approval for the CSSI.

Consistency assessment An assessment of whether a proposed activity for the purpose of the

CSSI is consistent with the terms of this approval.

5. Term Definition

Construction Includes all physical work required to construct the CSSI, other than

the following low impact work:

(a) survey works including carrying out general alignment survey, installing survey controls (including installation of global positioning system (GPS)), installing repeater stations, carrying out survey of existing and future utilities and building and road dilapidation surveys;

(b) investigations including investigative drilling and excavation;

(c) the erection or removal of demountable buildings at ancillary facilities in approved locations;

(d) treatment of contaminated sites subject to the recommendations of a Site Contamination Report prepared in accordance with Condition E181;

(e) clearing of vegetation, as identified in the EIS and Submissions and Preferred Infrastructure Report;

(f) installation of mitigation measures including noise (excluding acoustic sheds), erosion and sediment controls and temporary exclusion fencing for sensitive areas;

(g) property acquisition adjustment works including installation of property fencing;

(h) low impact utility works defined and undertaken, in accordance with the approved Utility Management Strategy required under

Condition E140;

(i) establishing minor construction ancillary facilities in accordance with Condition C24;

(j) archaeological testing under the Code of practice for archaeological investigation of Aboriginal objects in NSW (DECCW, 2010) or archaeological monitoring undertaken in association with [a]-[i] above to ensure that there is no impact on heritage items;

(k) other activities determined by the ER to have minimal environmental impact which may include construction of minor access roads, temporary relocation of pedestrian and cycle paths and the provision of property access including access and egress to construction ancillary facilities; and

(l) maintenance of existing buildings and structures required to facilitate the carrying out of the CSSI.

Where heritage items, or threatened species, or threatened ecological communities (within the meaning of the Biodiversity Conservation Act 2016) are adversely affected or potentially adversely affected by any low impact work as defined in (a) to (l) above, that work is construction, unless otherwise determined by the Secretary in consultation with OEH

.....

The Critical State Significant Infrastructure (CSSI), as described in Schedule 1, the carrying out of which is approved under the terms of this approval.[Source: p20,Department of Planning and Environment, Conditions of Approval for WestConnex M4-M5 Link SSI 7485]

COMPLAINTS MANAGEMENT SYSTEM

B8 A Complaints Management System must be prepared prior to the commencement of any works in respect of the CSSI and be implemented and maintained for the duration of construction and for a minimum for 12 months following completion of construction of the CSSI.

B9 The Complaints Management System must include a Complaints Register to be maintained recording information on all complaints received about the CSSI during the carrying out of any works associated with the CSSI and for a minimum of 12 months following the completion of construction of the CSSI. The Complaints Register must record the:
(a) number of complaints received;
(b) number of people affected in relation to a complaint; and
(c) nature of the complaint and means by which the complaint was addressed and whether resolution was reached, with or without mediation.

B10 The Complaints Register must be provided to the Secretary upon request, within the timeframe stated in the request.

B11 The following must be available within one (1) month prior to the commencement of works and for 12 months following the completion of construction of the CSSI and appropriately broadcast to manage community enquiries and complaints:
(a) a 24 hour toll-free telephone number for the registration of complaints and enquiries about the CSSI;
(b) a postal address to which written complaints and enquires may be sent;
(c) an email address to which electronic complaints and enquiries may be transmitted;
(d) a mediation system for complaints unable to be resolved; and
(e) a mechanism for community members to make enquiries in common community languages of the area.

B12 The telephone number, postal address and email address required under Condition B11 of this approval must be published in a newspaper circulating in the local area and on-site hoarding at each construction site before commencement of works and published in the same way again prior to the commencement of operation. This information must also be provided on the website required under Condition B17 of this approval.

B13 A Community Complaints Mediator that is independent of the design and construction personnel must be nominated by the Proponent, approved by the Secretary and engaged during all works associated with the CSSI. The request nominating the Community Complaints Mediator must be submitted to the Secretary for approval within one (1) month of the date of this approval.

B14 The role of the Community Complaints Mediator is to address any complaint where a member of the public is not satisfied by the Proponent’s response. Any member of the public that has lodged a complaint which is registered in the Complaints Management System identified in Condition B8 may ask the Community Complaints Mediator to review the Proponent’s response. The application must be submitted in writing and the Community Complaints Mediator must respond within 28 days of the request being made or other specified timeframe agreed between the Community Complaints Mediator and the member of the public.

B15 The Community Complaints Mediator will:
(a) review the Proponent’s unresolved disputes between the project and members of the public if the procedures and mechanisms under Condition B2(i)(iii) do not satisfactorily address complaints; and
(b) make recommendations to the Proponent to satisfactorily address complaints, resolve disputes or mitigate against the occurrence of future complaints or disputes.

B16: The Community Complaints Mediator will not act before the Proponent has provided an initial response to a complaint and will not consider issues such as property acquisition where other dispute processes are provided for in this approval, or clear government policy and resolution processes are available, or matters which are not within the scope of the CSSI.

"ACOUSTICS ADVISOR

A24: A suitably qualified and experienced Acoustics Advisor (AA), who is independent of the design and construction personnel, must be nominated by the Proponent and engaged for the duration of works and for no less than six (6) months following completion of construction of the CSSI.

The details of the nominated AA must be submitted to the Secretary for approval no later than one (1) month before commencement of works.

The Proponent must cooperate with the AA by:
(a) providing access to noise and vibration monitoring activities as they take place;
(b) providing for review of noise and vibration plans, assessments, monitoring reports, data and analyses undertaken; and
(c) considering any recommendations to improve practices and demonstrating, to the satisfaction of the AA, why any recommendation is not adopted.

A25 Any activities generating noise in excess of the ‘Noise affected’ Noise Management Levels derived from the Interim Construction Noise Guideline must not commence until an AA, nominated under Condition A24 of this approval, has been approved by the Secretary.

A26 The approved AA must:
(a) receive and respond to communication from the Secretary in relation to the performance of the CSSI in relation to noise and vibration;
(b) consider and inform the Secretary on matters specified in the terms of this approval relating to noise and vibration;
(c) consider and recommend, to the Proponent, improvements that may be made to avoid or minimise adverse noise and vibration impacts;
(d) review all noise and vibration documents required to be prepared under the terms of this approval and, should they be consistent with the terms of this approval, endorse them before submission to the Secretary (if required to be submitted to the Secretary) or before implementation (if not required to be submitted to the Secretary);
(e) regularly monitor the implementation of all noise and vibration documents required to be prepared under the terms of this approval to ensure implementation is in accordance with what is stated in the document and the terms of this approval;
(f) notify the Secretary of noise and vibration incidents in accordance with Condition A40 of this approval;
(g) in conjunction with the ER, the AA must:
(i) as may be requested by the Secretary or Community Complaints Mediator (required by Condition B13), help plan, attend or undertake audits of noise and vibration management of the CSSI including briefings, and site visits,
(ii) in the event that conflict arises between the Proponent and the community in relation to the noise and vibration performance of the CSSI, follow the procedure in the Communication Strategy approved under Condition B2 to attempt to resolve the conflict, and if it cannot be resolved, notify the Secretary,
(iii) consider relevant minor amendments made to the CEMP, relevant sub-plans and noise and vibration monitoring programs that require updating or are of an administrative nature, and are consistent with the terms of this approval and the management plans and monitoring programs approved by the Secretary and, if satisfied such amendment is necessary, endorse the amendment. This does not include any modifications to the terms of this approval,
(iv) review the noise impacts of minor construction ancillary facilities, and
(v) prepare and submit to the Secretary and other relevant regulatory agencies, for information, a Monthly Noise and Vibration Report detailing the AAs actions and decisions on matters for which the AA was responsible in the preceding month. The Monthly Noise and Vibration Report must be submitted within seven (7) days following the end of each month for the duration of the AA’s engagement for the CSSI, or as otherwise agreed by the Secretary."

E84: The Proponent must conduct vibration testing before and during vibration generating activities that have the potential to impact on heritage items to identify minimum working distances to prevent cosmetic damage. ln the event that the vibration testing and monitoring shows that the preferred values for vibration are likely to be exceeded, the Proponent must review the construction methodology and, if necessary, implement additional mitigation measures.

E85: The Proponent must seek the advice of a heritage specialist on methods and locations for installing equipment used for vibration, movement and noise monitoring at heritage-listed structures.

Noise Insulation Program

A Noise Insulation Program must be prepared and implemented for the duration of CSSI works for receivers at/to which the requirements of Conditions E87 and E88 apply. The Program must be incorporated into the Construction Noise and Vibration Management Sub-plan.

The Noise Insulation Program must detail the following matters:
(a) receivers eligible for the scheme;
(b) the scope of the insulation package;
(c) responsibility for the noise insulation works;
(d) procedure and the terms of the noise insulation works;
(e) program monitoring; and
(f) program review and amendment.

The Noise Insulation Program must be endorsed by the AA.

Receivers which are eligible for receiving treatment under the Noise Insulation Program required under Condition E89 must have treatment implemented within six (6) months following the commencement of construction which would affect the receiver. The implementation of the Noise Insulation Program must be prioritised based on the degree and duration of exceedance with high priority exceedances undertaken within three (3) months of the commencement of construction.

TRAFFIC, TRANSPORT AND ACCESS

During construction, where bus stops are required to be temporarily closed or relocated, such closure must not occur until relocated bus stops are functioning, have similar capacity and are relocated within a 400 metre walking distance of the existing bus stop. Closures and relocation of bus stops during construction must be undertaken in consultation with Transport for NSW and relevant council(s). Wayfinding signage must be provided directing commuters to adjacent or relocated bus stops. Footpaths must be provided to any relocated bus stops such that accessibility standards are met.

Prior to the commencement of operation of the CSSI, all bus stops temporarily closed or relocated must be reinstated in a manner that provides equal or improved capacity and accessibility (including footpaths) in consultation with Transport for NSW and relevant council(s).

All requests to the Secretary for local road usage need to include a traffic and pedestrian impact assessment, and should include a swept path analysis if required. The traffic and pedestrian impact assessment, incorporated in the Site Establishment Management Plan or Traffic and Transport CEMP as relevant, must:
a) demonstrate that the local road usage will not compromise the safety of the public and have minimal amenity impacts;
(b) provide details as to the date of completion of the road dilapidation surveys for the subject local roads; and
(c) describe the measures that will be implemented to avoid where practicable the use of local roads past schools, aged care facilities and child care facilities during peak times for operation.

Construction vehicles (including staff vehicles) associated with the CSSI must be managed to:
(a) minimise parking on public roads;
(b) minimise idling and queuing on public roads; and
(c) ensure spoil haulage vehicles must adhere to the nominated haulage routes identified in the Traffic and Transport CEMP.

....

A pedestrian and cycling green link, as described in the EIS, to be provided from the Rozelle Rail Yards and spanning City West Link to the park adjacent Chapman Road, must have adequate soil depth to facilitate planting across the bridge of a diverse range of vegetation consistent with the cross section provided at Figure 5.8 of Appendix L, Volume 2F of the EIS. The bridge must be a minimum width of 15 metres, where the pedestrian and cycling green link spans from Rozelle Rail Yards across the City West Link including the slip lane onto The Crescent, unless otherwise agreed by the Secretary.

The connection between the pedestrian and cycling green link and the park adjacent to Chapman Road must be designed to integrate with the open space and active transport infrastructure within the park in a manner that maximise the safe movement of pedestrians and cyclists and provide a contiguous path between the Rozelle Rail Yards open space and the park adjoining Chapman Road.

Ventilation Facilities – Rozelle and Iron Cove

E118: The ventilation outlets at Rozelle and Iron Cove must incorporate a living vertical garden over their total areas. Notwithstanding, a reduced coverage or an alternative living green design treatment (such as wall climbers or landscape shielding) can be implemented subject to review by the Design Review Panel. The green elements are to be an integrated part of the architectural composition in aesthetic balance with the non-green elements and addressing key view corridors.

Iron Cove Link Landscaping

E119: The design of the landscape verge associated with the Iron Cove Link (Area 01, figure 5.24 of Appendix L, Volume 2F of the EIS) must maximise planting opportunities.

Design Review Panel

The Proponent must establish a Design Review Panel during detailed design and prior to construction.

During design development of the CSSI, the Design Review Panel must review the design (excluding the tunnels between portals) to assess whether it is consistent with the commitments and outcomes made in the documents listed in Condition A1.

The Design Review Panel must refine the design objectives for place making, public realm and urban and heritage interpretation applicable to the length of the project and provide advice on the application of the objectives to key design elements in relation to place making, architecture, heritage, urban and landscape design and public art and aesthetic aspects of the CSSI. The Panel must also review all Urban Design and Landscape Plan(s) prior to these being submitted to the Secretary. Evidence of this review and the Proponent’s consideration of the review is to be provided to the Secretary.

The Design Review Panel must be comprised of, a suitably qualified, experienced and independent professional in each of the fields of:
(a) architecture;
(b) urban design;
(c) landscape design; and
(d) Aboriginal cultural heritage and non-Aboriginal heritage.

The NSW Government Architect (or representative) is to be the Chair of the Panel. The Proponent and its contractor(s) are to be invited onto the Panel as observers only and to provide technical advice. The Proponent is to provide independent secretarial resources to the Panel.

The Design Review Panel may seek specialist advice from UrbanGrowth NSW (when the Panel convenes to discuss matters relating to the Rozelle Rail Yards and its surrounds). The Design Review Panel members must be nominated by the Proponent and approved by the Secretary in accordance with the timeframes in Condition E125.

Nomination and appointments of the Design Review Panel must comply with the Public Service Commission’s Appointment Standards: Boards and Committees in the NSW Public Sector guideline.

Once the Design Review Panel is composed, and prior to the detailed design of the CSSI, a Design Review Panel Terms of Reference is to be developed and endorsed by all panel members. The Terms of Reference must be submitted to the Secretary for information and:
(a) establish best practice governance and protocols for the operation of the Design Review Panel;
(b) include a Code of Conduct;
(c) outline the agreed frequency of Design Review Panel meetings, coordinated with Proponent program requirements, to ensure timely advice and design adjustment; and
(d) outline secretariat functions and administration including the recording and storing of meeting agendas, minutes and actions.

The Design Review Panel is to be operated and managed in accordance with the approved Design Review Panel Terms of Reference and in accordance with the NSW Government Boards and Committees Guidelines (Department of Premier and Cabinet, September 2015).

Urban Design and Landscape Plan

An Urban Design and Landscape Plan(s) (UDLP) must be prepared based on the detailed design, and in accordance with the project objectives, and the commitments made in Chapters 13 and 29 of the EIS and updated in Part E of the SPIR.

The Urban Design and Landscape Plan(s) must be prepared by a suitably qualified and experienced person(s) in consultation with the relevant council(s), UrbanGrowth NSW, the community and affected landowners and businesses. The UDLP(s) must include, but not necessarily be limited to:

The Urban Design and Landscape Plan(s), and its sub-plans, must be reviewed by the Design Review Panel. The Proponent must respond to the outcomes of the Design Review Panel’s review and submit the UDLP to the Secretary for approval no later than one (1) month prior to the construction of permanent built surface works that are the subject of the Urban Design and Landscape Plan(s) (in the area to which the UDLP applies) or earth works for the final surface contouring of the Rozelle Rail Yards open space, whichever is the sooner.

Construction of permanent built works or landscaping that are the subject of the Urban Design and Landscape Plan must not be commenced (in the area to which the UDLP applies) until the Urban Design and Landscape Plan(s) has been approved by the Secretary, after taking into consideration advice received from the Design Review Panel.

The Urban Design and Landscape Plan(s), as approved by the Secretary, must be implemented during construction, as required, and operation.

Overshadowing

Existing residential properties (and approved residential developments, at the time of this approval) that are affected by overshadowing from the CSSI (including any noise mitigation measures) are to receive a minimum of three (3) hours of direct sunlight in habitable rooms and in at least 50% of the principal private open space area between 9:00 am and 3:00 pm on 21 June. Such properties must be identified for further consideration by the Proponent in a Solar Access and Overshadowing Report which addresses compliance with these requirements.

The Solar Access and Overshadowing Report must be reviewed by the Design Review Panel. The Proponent must respond to the outcomes of the Design Review Panel’s review and then submit the Report to the Secretary prior to the commencement of construction of any structures that may cause overshadowing of residential premises, whenever is the sooner and must include:
(a) identification of potentially affected properties;
(b) assessment of the detailed design’s compliance at each property, informed by –
(i) a review of the habitable rooms within structures,
(ii) the size and nature of private open spaces, and
(iii) shadow diagrams in plan and elevation at hourly intervals between 9:00 am and 3:00 pm on 21 June; and
(c) a consultation plan to detail how potential impacts and mitigation measures will be discussed and negotiated with potentially affected landowners in the event that compliance with this condition is not achieved.

Where existing residential development currently receives less than the required amount of solar access, existing access to sunlight should not be unreasonably reduced.

HERITAGE

The Proponent must not destroy, modify or otherwise physically affect any heritage items, including human remains, outside of the CSSI boundary.

The Proponent must not to harm, modify, or otherwise impact human remains uncovered during the construction of the CSSI.

Identified impacts to heritage items and heritage conservation areas must be minimised through both detailed design and construction. The measures for ensuring this are to be detailed in the Construction Non-Aboriginal Heritage Management Sub-Plan and Aboriginal Cultural Heritage Management Sub-Plan required by Conditions C4(g) and (h), respectively.

An Unexpected Heritage Finds Procedure must be prepared:
(a) to manage unexpected heritage finds in accordance with any guidelines and standards prepared by the Heritage Council of NSW or OEH; and
(b) by a suitably qualified and experienced heritage specialist.
The Procedure must be included in the Construction Non-Aboriginal Heritage Management Sub-plan and Aboriginal Cultural Heritage Management Sub-Plan required by Conditions C4(g) and (h).

Note: Human remains that are found unexpectedly during works are under the jurisdiction of the NSW State Coroner and must be reported to the NSW Police immediately.

Non-Aboriginal Heritage

The Proponent must not destroy, modify or otherwise cause direct damage to the following items:
(a) Southern Penstock associated with White Bay Power Station; and
(b) 5 Lilyfield Road, Rozelle.

The Proponent must undertake a condition survey of the Southern Penstock and establish and maintain a suitable exclusion zone around the penstock for the duration of construction. The extent of the exclusion zone must be determined in consultation with the Heritage Division of OEH.

The Proponent must investigate the feasibility of retaining Cadden Le Messurier (84 Lilyfield Road), Former Hotel (78 Lilyfield Road)and the facade of the former Bank of NSW building (164 Parramatta Road) during detailed design.

Works on Whites Creek Stormwater Channel No. 95 must be undertaken in consultation with Sydney Water and a suitably qualified and experienced heritage consultant. The consultation process must include consultation on the final design and location of the works. All reasonable steps must be undertaken to ensure that the lateral extent and degree of impact to the canal fabric is minimised.

Prior to conducting acoustic treatment at any heritage item identified in the documents listed in Condition A1 the advice of a suitably qualified and experienced built heritage expert must be obtained and implemented to ensure any such work minimises any adverse impacts on the heritage significance of the item.

The Proponent must prepare a Heritage Archival Recording and Salvage Report, including photographic recording of heritage items which have been identified for demolition in the documents referred to in Condition A1 and outline how any salvage or recovery of material will be undertaken from these items.

Archival recording must be undertaken by a suitably qualified heritage specialist and prepared in accordance with NSW Heritage Office’s How to Prepare Archival Records of Heritage Items (1998) and Photographic Recording of Heritage Items Using Film or Digital Capture (2006).

Within 12 months of completing the archival recording, the Proponent must submit the Heritage Archival Recording and Salvage Report to the Secretary, relevant council(s), relevant local libraries and local historical societies in the respective local government area(s).

Archival recording as required by Condition E163 must also be undertaken for the Cadden Le Messurier, former Hotel and the former Bank of NSW building, should these structures be demolished.

Following archival recording as required by Condition E163, and prior to demolition, the Proponent must assess options for sympathetic reuse (including integrated heritage displays and interpretation) on the project or other options for conservation, including architectural salvage for re-use in comparable buildings and display.

Where salvage supports good conservation outcomes, the material is to be collected and stored in suitable repository locations established in consultation with relevant council(s). The salvage from any State-listed items or elements must be determined in consultation with the Heritage Division of OEH.

Any residual items and materials are to be made available, through a process to be developed by the Proponent in consultation with the relevant council(s), to landowners within the locality from where the material originated.

The Proponent must investigate options for utilising salvaged rail related infrastructure from the Rozelle Rail Yards into the landscaping of the Rozelle Rail Yards. How the items are to be used is to be detailed in the Urban Design and Landscape Plan required by Condition E133.

Non-Aboriginal Historical Archaeology

The Proponent must prepare a Heritage Interpretation Plan, as committed to in the SPIR (NAH02) which identifies and interprets the key heritage values and stories of heritage items and heritage conservation areas impacted by the CSSI. The Heritage Interpretation Plan must include, but not be limited to:
(a) a discussion of the key interpretive themes, stories and messages proposed to interpret the history and significance of the affected heritage items and sections of heritage conservation areas; and
(b) identification of interpretive initiatives implemented to mitigate impacts to archaeological relics, heritage items and conservation areas affected by the CSSI.

Prior to works that have a direct material impact on a Historical Archaeological Management Unit (HAMU), the Proponent must engage a suitably qualified archaeologist whose experience complies with the Heritage Council of NSW’s Criteria for Assessment of Excavation Directors (July, 2011) (referred to as the Excavation Director) to oversee and advise on matters associated with historic archaeology and to prepare an Historical Archaeological Research Design and Excavation Methodology.....

Aboriginal Cultural Heritage

The Proponent must take all reasonable steps so as not to harm, modify or otherwise impact any Aboriginal object associated with the CSSI except as authorised by this approval.

BIODIVERSITY

The clearing of native vegetation must be minimised with the objective of reducing impacts to any threatened species, populations and ecological communities to the greatest extent practicable. Impacted vegetation must be rehabilitated with endemic species (in the first instance) and locally native species to the greatest extent practicable.

Pre-clearing Surveys

Prior to removing/clearing any vegetation, or demolition of structures identified as potential roosting sites for microbats, pre-clearing/demolition inspections for microbats and threatened species must be undertaken. The inspections, and any subsequent relocation of species and associated management/offset measures, must be undertaken under the guidance of a suitably qualified and experienced ecologist. Surveys for the presence of microbat roosting must be undertaken to cover the period of roosting, under guidance of a suitably qualified and experienced. Survey methodologies must be incorporated into the Construction Flora and Fauna Management Sub-plan required under Condition C4 and Site Establishment Management Plan required under Condition C22, as relevant.

The Proponent must prepare a Microbat Management Strategy in the case that microbats or evidence of roosting are identified during pre-clearing/demolition surveys. The strategy must detail short- and long-term measures to avoid, minimise and mitigate impacts to these species.

The CSSI must be designed to retain as many trees as possible. Where trees are to be removed, the Proponent must provide a net increase in the number of replacement trees. Replacement trees must be planted within, and on public land up to 500 metres from the CSSI boundary.

Replacement tree plantings can be undertaken beyond 500 metres on public land within the local government areas to which the CSSI approval applies if no more plantings are practicable within and up to 500 metres from the CSSI boundary. The location of the trees must be determined in consultation with the relevant authority(s).

Replacement trees are to have a minimum pot size of 75 litres except where the plantings are consistent with the pot sizes specified in a relevant authority’s plans / programs / strategies for vegetation management, street planting, or open space landscaping, or as agreed by the relevant authority(s).

The Proponent must submit to the Secretary a report which details the type, size, number and location of replacement trees. The report must demonstrate how any replacement plantings with a pot size less than 75 litres are consistent with the requirements of Condition E178. The report must be submitted to the Secretary one (1) month prior to operation.

SOILS

All reasonably practicable erosion and sediment controls must be installed and appropriately maintained to minimise any water pollution. When implementing such controls, any relevant guidance in the Managing Urban Stormwater series must be considered.

...

CONSTRUCTION ANCILLARY FACILITIES

Options A and B, Haberfield

C19 Only one of the two ancillary facility options (A or B) presented in Chapter 6 of the EIS can be implemented at Haberfield, except if one site is used for parking and other works that do not exceed the ‘Noise affected’ Noise Management Levels as identified in the ICNG.

C20 Should Option B, as presented in Chapter 6 of the EIS, be progressed, a comparative analysis of environmental impacts of the use of the sites during construction of the project (excluding Site Establishment Works and erection of acoustic enclosures), must be undertaken. The comparative analysis must be undertaken for the following key environmental impacts: noise and vibration, traffic and transport, visual amenity and socio-economic.

C21 In the event that Option B is progressed, for purposes other than for parking and works that do not exceed the ‘Noise affected’ Noise Management Levels as identified in the ICNG, the Proponent must submit a report outlining the findings of the comparative analysis required by Condition C20 to the Secretary for approval at least one (1) month prior to the establishment of the Option B construction ancillary facilities. The report must demonstrate how management and mitigation measures, consistent with those included in the documents referred to in Condition A1 and as required by the terms of approval, would be implemented to achieve, on balance, comparable environmental outcomes when compared to Option A.

...