Issue - decisions

Moved by the Chair (the Lord Mayor), seconded by Councillor Miller -

It is resolved that:

(A)      authority be delegated to the Chief Executive Officer to determine the application, following the conclusion of the public exhibition of the draft Voluntary Planning Agreement, and considering any public submissions received in response; and

(B)      the Chief Executive Officer consider granting deferred commencement development consent to Development Application Number D/2024/937 subject to the recommended conditions requiring the Voluntary Planning Agreement to be executed and registered on title prior to the consent becoming operative, and subject to the following amendments to the conditions showing at Attachment C (additions shown in bold italics, deletions shown in strikethrough):

B39. Construction Liaison Committee

(i)         Prior to the commencement of any work on site, a Construction Liaison Committee or an alternative approved in writing by Council’s Executive Director City Planning, Development and Transport, is to be established by the Proponent to ensure that demolition and construction related impacts (including construction noise and vibration, air quality/dust, loading, works zones, issues associated with construction workers and vehicles, traffic issues and management of the construction site) can be dealt with expeditiously and cooperatively.

(ii)        The Committee is to be comprised of interested parties representing potentially affected properties adjacent to and surrounding the site and any interested group. A representative of the Council may be an observer from time to time.

(iii)      The Committee shall meet prior to the commencement of works on the site and prior to the submission of the final Construction Management Plan to Council to address initial areas of concern, and then at fortnightly or monthly intervals or as considered appropriate by the Committee throughout the construction process.

(iv)      Prior to the commencement of work, the Site Manager is to provide the members of the Committee and Council with 24 hour contact details (including location of site offices and a 24 hour phone number) to ensure that any matters which arise during the construction process are addressed immediately. The Site Manager shall be available during normal business hours to provide information to the public about activities on site and to bring any complaints to the attention of the Applicant.

(v)       A register of all complaints shall be kept by the Applicant and accessible online throughout the duration of the project and shall be made available to Council officers on request.

(vi)      The Commtitee meetings are to be recorded/minuted and such written records/minutes are to be provided to Council’s Area Planning Manager within 14 days of the meeting.

(vii)     The first Committee meeting should establish Terms of Reference, including purpose, size and membership, quorum, meeting frequency and duration, procedures for meetings, recording/distribution of comments and outcomes and the like.

(viii)    The initial call for resident/worker nominations to be sent to the adjacent and adjoining property owners and tenants must be submitted to the Area Planning Manager and approved by the Executive Director City Planning, Development and Transport prior to circulation.

(ix)      The Site Manager is to inform each Committee meeting about the construction program, progress reports and impending work.

C32. Public Domain lighting upgrade

Prior to issue of any Construction Certificate for excavation, civil construction, drainage or building work (whichever is earlier), a concept Public Domain Lighting Upgrade Plan for pedestrian and street lighting in the public domain must be submitted to and approved by the City’s Public Domain Unit. The Lighting Plan must be prepared in accordance with the Sydney Streets Technical Specifications A5 and B8, Sydney Lights Design Code and Public Domain Manual, The information is available for down load from the City’s website at https://www.cityofsydney.nsw.gov.au/public-domain-works

The lighting upgrade plan must cover all adjacent street frontages, being Botany Road and Wyndham Street, Alexandria and shall be designed to include the following requirements: Botany Road lighting must comply with requirements of AS1158 under Category V1 on roadway and PP1 + 4 Lux on footpaths and if required, supply and install COS light poles or extend Ausgrid street lighting network to achieve compliance. Wyndham Street lighting must comply with requirements of AS1158 under Category PR2 on roadway and PP2 on footpaths and if requited, supply and install CPS light poles or extend Ausgrid street lighting network to achieve compliance.

Advice on site specific lighting requirements must be obtained from the City’s Public Domain Unit before proceeding with the preparation of any final lighting design proposals.

There shall be no unreasonable ambient lighting to the rear of 102 Wyndham Street.

D4.   Demolition

Prior to the commencement of construction, demolition work plans required by AS 2601-2001 The demolition of structures (Standards Australia, 2001) must be accompanied by a written statement from a suitably qualified person that the proposals contained in the work plan comply with the safety requirements of the Standard. The work plans and the statement of compliance must protect the structural integrity of the property and water ingress to 102 Wyndham Street, the approved measures to be implemented at no cost to 102 Wyndham Street, and must be submitted to the Certifier and the Council for approval.      

 Construction Environmental Management Plan

D15. Prior to the commencement of construction, the Applicant must submit a Construction Environmental Management Plan (CEMP) to the Certifier and publish a copy of the CEMP on the Applicant’s website in accordance with condition A26 (Access to Information). The CEMP must include, but not be limited to, the following:

(a)  Details of:

                       i.         hours of work;

                      ii.        24-hour contact details of site manager;

                     iii.        Heritage induction for staff;

                     iv.        Management of dust and odour to protect the amenity of the neighbourhood;

                      v.         Stormwater control and discharge;

                     vi.        Measures to ensure that sediment and other materials are not tracked onto the roadway by vehicles leaving the site;

                    vii.        Groundwater management plan including measures to prevent groundwater contamination;

                  viii.         External lighting in compliance with AS 4282-2019 Control of the obtrusive effects of outdoor lighting;

                     ix.        Community consultation and complaints handling;

(b)  Construction Traffic and Pedestrian Management Sub-Plan (see Condition D16);

(c)   Construction Noise and Vibration Management Sub-Plan (see Condition D18);

(d)   Construction Waste Management Sub-Plan (see condition D17);

(e)  No cranes or other machinery or equipment is to travel over 102 Wyndham Street airspace without written approval from the owners.

D16. The Construction Traffic and Pedestrian Management Sub-Plan (CTPMSP) must be prepared to achieve the objective of ensuring safety and efficiency of the road network and address, but not be limited to, the following:

(a)  be prepared by a suitably qualified and experienced person(s);

(b)  be prepared in consultation with Council and TfNSW;

(c)   detail:

(i)            measures to ensure road safety and network efficiency during construction in consideration of potential impacts on general traffic, cyclists and pedestrians and bus services;

(ii)           cumulative impacts from the Royal Prince Alfred Hospital Redevelopment surrounding development and how they would be managed;

(iii)          measures to ensure the safety of vehicles and pedestrians accessing adjoining properties where shared vehicle and pedestrian access occurs;

(iv)          heavy vehicle routes, access and parking arrangements;

(v)           the swept path of the longest construction vehicle entering and exiting the site in association with the new work, as well as manoeuvrability through the site, in accordance with the latest version of AS 2890.2; and

(vi)          arrangements to ensure that construction vehicles enter and leave the site in a forward direction unless in specific exceptional circumstances under the supervision of accredited traffic controller(s).

(d)  no construction access/parking within Wyndham Lane for the entirety of the project to maintain right of way to neighbouring properties.

D18. Construction Noise and Vibration Management Plan

A site-specific noise and vibration management plan must be submitted to the Council’s Executive Director City Planning, Development and Transport for comment and approval prior to certification being issued (pursuant to Section 6.28 of the Environmental Planning and Assessment Act 1979).

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 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 EPA’s Interim Construction Noise Guidelines (DECC, 2009) 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. The plan must consider the findings of the report Proposed Development of Neighbouring Property Report - Alexandria (H&M Consulting, December 2024).

(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 1055:1.2.1977.

(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.

Reasons for Decision

The application was approved for the following reasons:

(A)      The proposal strengthens the global competitiveness and innovation of the City through investment in the health, life science, innovation and high-tech industrial services and the delivery of NSW’s first Proton Therapy Cancer Treatment Centre.

(B)      The proposed massing is in keeping and generally consistent with the controls implemented by the Botany Road Precinct Planning Proposal and is acceptable in terms of urban design, bulk, scale, and massing.

(C)      The proposal will provide new through-site links supported by small to medium grain retail and commercial uses. The public domain will also feature significantly enhanced landscaping treatment and will improve pedestrian amenity.

(D)      The proposal will create employment opportunities by developing spaces for emerging health and research technologies, fostering highly skilled jobs in health research. The proposal will support an estimated 130 construction jobs and 850 operational jobs.

(E)      The proposal integrates ESD measures into its design and operation and aims to achieve a 5 Star Green Star certification.

(F)      The assessment of the proposal has demonstrated that the development will not result in any environmental impacts that cannot be appropriately managed and consistent with the relevant planning controls for the site. All other issues have been appropriately addressed by recommended conditions of consent.

(G)      Condition B39 was added to ensure that a Construction Liaison Committee (or alternative) is established and operates to ensure that demolition and construction related impacts can be dealt with expeditiously and cooperatively.

(H)      Condition C32 was amended to address light spill to 102 Wyndham Street.

(I)        Condition D4 was amended to address concerns regarding the impact of demolition of the neighbouring warehouse structure on the structural integrity of 102 Wyndham Street and exposure of its northern facade to rainwater.

(J)       Condition D15

(K)      Condition D16

(L)       Condition D18 was amended to include vibration impacts, reference the findings of the H&M report of December 2024, and clarify that the site-specific noise and vibration management plan must be approved by the Executive Director City Planning, Development and Transport.

Carried unanimously.

D/2024/937