2605-52275 SRA - Response with conditions

                                                                                                       2605-52275 SRA




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)


 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                 Prior to the
              criteria must be provided:                                                commencement of use
                                                                                        and to be maintained at
              (i) Balconies on the upper level of the east and south (Myall
                                                                                        all times.
                  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
               drainage purposes in accordance with the Building Code of
               Australia.
 2.      (a) Close and remove the existing vehicular property access located            Prior to the
             between 18C5605 and Myall Street.                                          commencement of use.

         (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;
            (iii) 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.
 3.      Direct access is not permitted between Myall Street and the subject            At all times
         site.
 4.      (a) Stormwater management of the development must not cause                     (a) At all times.
             worsening to the operating performance of the state transport
             corridor mode, such that any works on the land must not:                    (b) Prior to obtaining
               i.   create any new discharge points for stormwater runoff                    development
                    onto the state transport corridor mode                                   approval for
              ii.   concentrate or increase the velocity of flows to state                   operational work.
                    transport corridor mode


 State Assessment and Referral Agency                                                                     Page 3 of 7