Decision Notice - Council Meeting Decision - MCU23 0007 & RAL23 0001 (As Published) · MCU23/0007

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Document Set ID: 25255015
Version: 5, Version Date: 22/10/2026


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Attachment 1—Referral agency conditions
(Under section 56(1)(b)(i) of the Planning Act 2016 the following conditions must be attached to any development
approval relating to this application) (Copies of the documents referenced below are found at Attachment 5)

2605-52275 SRA

 

No. | Conditions

Condition timing

 

Material change of use

 

10.9.4.2.4.1 — Material change of use of premises near a state transport corridor —The chief executive
administering the Planning Act 2016 nominates the Director-General of the Department of Transport
and Mian Roads to be the enforcement authority for the development to which this development
approval relates for the administration and enforcement of any matter relating to the following
condition(s):

 

1.

(a) Noise attenuation measures to achieve the following noise
criteria must be provided:

(i) Balconies on the upper level of the east and south (Myall
Street) facing elevations as shown on Site Elevations,
prepared by Push, dated 16 April 2026, drawing number
2000, issue B must include balustrades that are solid, gap-
free and continuous for their complete length other than gaps
required for drainage purposes in accordance with the
Building Code of Australia.

(ii) Fencing provided along the eastern and southern boundary
adjacent the State-controlled road is to be solid gap-free
fence, or other solid gap free structure

(b) Noise attenuation measure must be a continuous solid gap-free
structure, constructed of glass, concrete blocks, bricks or fibre
cement sheeting, or balustrade, other than gaps required for
Grainage purposes in accordance with the Building Code of
Australia.

Prior to the
commencement of use
and to be maintained at
all times.

 

(a) Close and remove the existing vehicular property access located
between 18C5605 and Myall Street.

(b) The road works to close and remove access, referred to in part
(a) of this condition, must be in accordance with the Department
of Transport and Main Roads’ Road Planning and Design
Manual, 2nd Edition. The road works must:

(i) remove the driveway crossover and any drainage structure/s
beneath the driveway;

(ii) reinstate the kerb and channel;

(iil) reinstate road pavement after closure and removal;

(iv) establish a pedestrian pathway; and

(v) reinstate the table drain and/or grass footpath between the
pavement edge and the property boundary.

Prior to the
commencement of use.

 

Direct access is not permitted between Myall Street and the subject
site.

At all times

 

 

 

(a) Stormwater management of the development must not cause
worsening to the operating performance of the state transport
corridor mode, such that any works on the land must not:

i. create any new discharge points for stormwater runoff
onto the state transport corridor mode

ji. concentrate or increase the velocity of flows to state
transport corridor mode

(a) At all times.

(b) Prior to obtaining
development
approval for
operational work.

 

 

 

State Assessment and Referral Agency

Document Set ID: 25255015

Version: 5, Version Date: 22/10/2026

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