HSC_100K_NEW

 

ELECTRONIC DETERMINATION

BUSINESS PAPER

 

Local Planning Panel meeting

 

Wednesday 29 June 2022

at 4:00pm

 

 

 


Hornsby Shire Council                                                                                           Table of Contents

Page 0

 

TABLE OF CONTENTS

 

ITEMS      

Item 4     LPP21/22 ELECTRONIC - DA/1037/2021 - Part Demolition and Reconstruction of the Building for the Purpose of a New Pub - 206-212 Pennant Hills Road, Thornleigh........................ 1

Item 5     LPP39/22 ELECTRONIC - Reporting Development Applications for Determination by the Hornsby Local Planning Panel over 180 Days........................................................... 242 

 


 


 

LPP Report No. LPP21/22

Local Planning Panel

Date of Meeting: 29/06/2022

 

4        ELECTRONIC - DA/1037/2021 - PART DEMOLITION AND RECONSTRUCTION OF THE BUILDING FOR THE PURPOSE OF A NEW PUB - 206-212 PENNANT HILLS ROAD, THORNLEIGH   

 

EXECUTIVE SUMMARY

DA No:

DA/1037/2021 (Lodged on 6 October 2021)   

Description:

Demolition of part of the existing building including the ground floor bar, car parking and trees; reconstruction of part of the building for the purpose of a new pub for three hundred and forty patrons, on-site landscaping and business identification signage

Property:

Lot 3 DP 1205943, No. 206-212 Pennant Hills Road, Thornleigh

Applicant:

IRIS Hotels Thornleigh Property Pty Ltd

Owner:

IRIS Hotels Thornleigh Property Pty Ltd

Estimated Value:

$7,532,852

Ward:

B Ward

·              The application generally complies with the Hornsby Local Environmental Plan 2013 and the Hornsby Development Control Plan 2013.

·              Two submissions have been received in respect of the application.

·              The application is required to be determined by the Hornsby Council Local Planning Panel as the proposal involves a new hotel (general bar) license under the Liquor Act 2007

·              It is recommended that the application be approved.

 

RECOMMENDATION

THAT Development Application No. DA/1037/2021 for demolition of part of the existing building and existing bar, car parking and trees; reconstruction of part of the building for the purpose of a new pub for three hundred and forty patrons, on-site landscaping and business identification signage at Lot 3 DP 1205943, No. 206-212 Pennant Hills Road, Thornleigh be approved subject to the conditions of consent detailed in Schedule 1 of LPP Report No. LPP21/22.


BACKGROUND

On 16 August 2000, Council refused DA/314/2000 for subdivision of one lot into three lots and the erection of a ‘hotel, self-storage facility, office building on each lot and erection of nine outdoor advertising signs.

On 4 October 2000, Council approved DA/1407/2000 for subdivision into three lots and erection of a hotel, self-storage facility, office building and nine outdoor advertising signs and staging of development. The hotel’s current approved operating hours are 7am to midnight Monday to Saturday and 7am to 10pm on Sundays.

APPLICATION HISTORY

On 4 November 2021, Council requested additional information requiring the front setback to both road frontages be increased to allow for landscaping to be retained, additional waste information, additional kitchen plans, additional acoustic information, a revised plan of management to address inconsistencies and the traffic report to be updated to include a parking survey of the existing IBIS hotel.

On 9 November 2021, Transport for NSW provided its concurrence to the application.

On 2 December 2021, NSW Police provided comments on the application, and recommended conditions to be imposed if consent is granted.

From January 2022 to May 2022, the applicant provided amended architectural plans increasing the setback to both road frontages, amended landscape plans, amended acoustic report, additional traffic report, and an amended Plan of Management addressing Council’s concerns.

On 25 May 2022, the applicant provided a Gross Floor Area plan confirming that the proposal is now under the maximum Floor Space Ratio for the site and a Clause 4.6 is no longer warranted.

SITE

The 4,363m2 site is located on the corner of Pennant Hills Road and Phyllis Avenue, Thornleigh. Existing improvements on the site include an IBIS Hotel comprising 105 rooms, ground floor restaurant/ bar and 75 car parking spaces.

The site is accessed via a shared right of carriageway (generally 8m wide) connecting with Phyllis Avenue. Vehicle access from Pennant Hills Road is prohibited.

Adjoining land to the north includes Kennards Self Storage, to the east across a six lane road includes the North Connex compound and a Church, to the south includes a Community Centre and Bunnings and to the west includes a surplus car park for the McDonalds Headquarters. Beyond the car park and McDonalds regional office is the Northern Railway Line.

PROPOSAL

The application proposes the following works:

·              Demolition of a portion of the existing ground floor structures, including the existing bar, restaurant, lobby, back of house, etc, demolition of existing roof triangle, and removal of all existing signage.

·              Construction a new one-storey extension to accommodate a new lobby, sports bar, bistro, VIP gaming area, TAB and Back of House. The extension would be elevated on piers enabling traffic flow below the bar.

No live music is proposed.

The total capacity within the boundaries of the licensed premises (pub/hotel) would be 340 patrons as follows:

The proposed operating hours would be:

Monday to Saturday             7am to 12 midnight

Sunday                               7am to 10pm.

The estimated number of staff proposed is approximately 8.

Seventy-two car parking spaces are proposed for the site, resulting in a net loss of 3 car parking spaces.

All existing signage would be removed and a total of 16 new signs would be provided, all of which include internal illumination as follows:

Two trees are proposed to be removed.

ASSESSMENT

The development application has been assessed having regard to the Greater Sydney Region Plan – A Metropolis of Three Cities, the North District Plan and the matters for consideration prescribed under Section 4.15 of the Environmental Planning and Assessment Act 1979 (the Act).  The following issues have been identified for further consideration.

1.         STRATEGIC CONTEXT

1.1        Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan

The Greater Sydney Region Plan - A Metropolis of Three Cities has been prepared by the NSW State Government to guide land use planning decisions for the next 40 years (to 2056).  The Plan sets a strategy and actions for accommodating Sydney’s future population growth and identifies dwelling targets to ensure supply meets demand.  The Plan also identifies that the most suitable areas for new housing are in locations close to jobs, public transport, community facilities and services.

The NSW Government will use the subregional planning process to define objectives and set goals for job creation, housing supply and choice in each subregion.  Hornsby Shire has been grouped with Hunters Hill, Ku-ring-gai, Lane Cove, Mosman, North Sydney, Ryde, Northern Beaches and Willoughby to form the North District.  The Greater Sydney Commission has released the North District Plan which includes priorities and actions for Northern District for the next 20 years.  The identified challenge for Hornsby Shire will be to provide an additional 4,350 dwellings by 2021 with further strategic supply targets to be identified to deliver 97,000 additional dwellings in the North District by 2036.

The proposed development would be consistent with the Greater Sydney Region Plan - A Metropolis of Three Cities and North District Plan, by providing additional employment services to support a growing population.

2.         STATUTORY CONTROLS

Section 4.15(1)(a) requires Council to consider “any relevant environmental planning instruments, draft environmental planning instruments, development control plans, planning agreements and regulations”.

2.1        Hornsby Local Environmental Plan 2013

The proposed development has been assessed having regard to the provisions of the Hornsby Local Environmental Plan 2013 (HLEP).

2.1.1     Zoning of Land and Permissibility

The subject land is zoned B6 Enterprise Corridor under the HLEP.  The objectives of the B6 zone are:

·              To promote businesses along main roads and to encourage a mix of compatible uses.

·              To provide a range of employment uses (including business, office, retail and light industrial uses).

·              To maintain the economic strength of centres by limiting retailing activity.

The proposed development is defined as ‘pub’ and is permissible in the B6 zone with Council’s consent.

2.1.2     Height of Buildings

Clause 4.3 of the HLEP provides that the height of a building on any land should not exceed the maximum height shown for the land on the Height of Buildings Map.  The maximum permissible height for the subject site is 12m. 

The maximum building height for the proposed pub measured from the existing ground level to the roof pop-up would be 9.65m which complies with this provision.

2.1.3     Floor Space Ratio

Clause 4.4 of the HLEP provides that the Floor Space Ratio on the subject site should not exceed the maximum Floor Space Ratio of 0:75:1.

The proposed gross floor area for all buildings on the site would be 3,243m2 which equates to a FSR of 0:74:1 which complies with this provision.

2.1.4     Heritage Conservation

Clause 5.10 of the HLEP sets out heritage conservation provisions for Hornsby Shire.  The site does not include a heritage item and is not located in a heritage conservation area.  Accordingly, no further assessment regarding heritage is necessary.

2.1.5     Earthworks

Clause 6.2 of the HLEP states that consent is required for proposed earthworks on site.  Before granting consent for earthworks, Council is required to assess the impacts of the works on adjoining properties, drainage patterns and soil stability of the locality.

Aside from earthworks for structural purposes, no other excavation works are proposed as the pub would be located over an existing car park and previously disturbed area of the site.

Accordingly, the earthworks are considered minor and adjacent properties would be unaffected by the proposal with regard to stormwater flows and soil stability.   

The proposal is considered acceptable with regard to Clause 6.2 Earthworks of the HLEP.

2.2        Adopted State Environmental Planning Policies

On 1 March 2022, the following State Environmental Planning Policies (SEPPS) were gazetted. 

·              State Environmental Planning Policy (Primary Production) 2021

·              State Environmental Planning Policy (Resources and Energy) 2021

·              State Environmental Planning Policy (Resilience and Hazards) 2021

·              State Environmental Planning Policy (Industry and Employment) 2021

·              State Environmental Planning Policy (Transport and Infrastructure) 2021

·              State Environmental Planning Policy (Biodiversity and Conservation) 2021

·              State Environmental Planning Policy (Planning Systems) 2021

·              State Environmental Planning Policy (Precincts - Eastern Harbour City) 2021

These SEPPs now form matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979. However general savings provisions apply to development applications that have been made but not yet determined, on or before the commencement date.

As this development application was lodged on 6 October 2021, this development application is considered to have been made prior to the commencement date of the SEPPs. The existing legislation in force at time of lodgement of the development application, prevails to be extent of any inconsistency.

Notwithstanding, the approval of the development application would not adversely affect the objectives of the newly adopted SEPPs and is considered to be consistent with this policy.

2.3        State Environmental Planning Policy No. 55 Remediation of Land

The application has been assessed against the requirements of State Environmental Planning Policy No. 55 Remediation of Land (SEPP 55) under which consent must not be granted to the carrying out of any development on land unless the consent authority has considered whether the land is contaminated or requires remediation for the proposed use.

Should the land be contaminated Council must be satisfied that the land is suitable in a contaminated state for the proposed use. If the land requires remediation to be undertaken to make the land suitable for the proposed use, Council must be satisfied that the land will be remediated before the land is used for that purpose.

An examination of Council’s records and aerial photography has determined that the site has been historically used for commercial purposes. It is not likely that the site has experienced any significant contamination, and further assessment under SEPP 55 is not required.

2.4        State Environmental Planning Policy 64 - Advertising and Signage

The proposed signage has been assessed against the requirements of State Environmental Planning Policy No. 64 Advertising and Signage (SEPP 64). This Policy provides State-wide planning controls for advertising signs and prevails over other environmental planning instruments including the HLEP. The aims of the Policy are to ensure that advertising and signage is compatible with the desired amenity and visual character of an area, to provide effective communication in suitable locations and to ensure signage is of high quality design and finish.

The proposed signage is defined as ‘business identification signage’ under SEPP 64 and is subject to assessment under the provisions of Schedule 1 of the Policy.

The proposal’s compliance with SEPP 64 is detailed in the table below.

SEPP 64

Schedule 1 Assessment Criteria

Comment

Character of the area

Is the proposal compatible with the existing or desired future character of the area or locality in which it is proposed to be located?

The proposal is compatible with the existing use of the site and the surrounding area which is characterised by a mix of commercial uses and the six lane Cumberland Highway.

It is considered that the appearance of the signage integrates well with the established building façade and the surrounding locality with both discrete and larger signs proposed that are consistent with the locality and provide a uniform approach to the appearance of signage on the site.

The proposed signage has been designed based on corporate identity and responds to the high-quality architecture that is presented by the building form extension to the existing building form.

Is the proposal consistent with a particular theme for outdoor advertising in the area or locality?

Yes, the proposed business identification signage would be consistent with the existing outdoor advertising of other businesses in the surrounding area.

Special areas

Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage areas, natural or other conservation areas, open space areas, waterways, rural landscapes or residential areas?

No, the proposed signs have been designed, scaled and located to complement the visual quality of the surroundings and not have a significant negative impact on the amenity of the location.

The proposed signage would reflect changes to the branding and modernise the existing signage.

It is considered that the signage would not detract from the amenity or visual quality of nearby residential properties on the opposite side of Pennant Hills Road.

Views and vistas

Does the proposal obscure or compromise important views?

No important views would be obscured by the proposed signage.

Does the proposal dominate the skyline and reduce the quality of vistas?

The proposed signage is compatible with the locality and would not dominate the skyline.

Does the proposal respect the viewing rights of other advertisers?

The proposed signs would not obscure other authorised signage.

Streetscape, setting or landscape

Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape?

The scale, proportion and form of the proposal would be appropriate for the surrounding environment. 

Does the proposal contribute to the visual interest of the streetscape, setting or landscape?

The scale, proportion and form of the proposal would be appropriate for the surrounding environment. 

Does the proposal reduce clutter by rationalising and simplifying existing advertising?

The proposal remains consistent with the existing signage, which maintains a consolidated approach to signage on the site.

Does the proposal screen unsightliness?

The proposed signage would provide clear identification and is considered appropriate.

Does the proposal protrude above buildings, structures or tree canopies in the area or locality?

No, the proposal would not protrude above buildings, structures or tree canopies in the locality.

Does the proposal require ongoing vegetation management?

No ongoing vegetation management would be required.

Site and building

Is the proposal compatible with the scale, proportion and other characteristics of the site or building, or both, on which the proposed signage is to be located?

The proposed advertising signage would be compatible in scale and proportion with the elements of the site being largely attached to the faces of the building such that it forms part of the overall architectural appearance.

The proposed above awning sign, which sits proud of the building proper, given its slim design and coordinated appearance with regard to graphics, ensures that it is in scale with the overall form of the building and thus compatible

Does the proposal respect important features of the site or building, or both?

The proposed signage is designed to complement the features of the site. The signage does not obscure important features of the site or the building.

Does the proposal show innovation and imagination in its relationship to the site or building, or both?

The proposed signage is modern in design and considered appropriate for the site.

Associated devices and logos with advertisements and advertising structures

Have any safety devices, platforms, lighting devices or logos been designed as an integral part of the signage or structure on which it is to be displayed?

Yes, logos have been incorporated into the design of the signage. The signage would contain internal illumination that is concealed within the signage. 

Illumination

Would illumination result in unacceptable glare?

No. The proposed signage would not be of a LUX level to detract from the amenity of residences located on the opposite side of Pennant Hills Road.

Illumination would comply with both Section 3 (Advertisements and Road safety) of the NSW Department of Planning and Environment Transport Corridor Outdoor Advertising and Signage Guidelines (November 2017) and Australian Standard AS4282-1997 Control of the obtrusive effects of outdoor lighting.

Would illumination affect safety for pedestrians, vehicles or aircraft?

No. The proposed signage would not be of a LUX level to affect safety for pedestrians, vehicles or aircraft.

Would illumination detract from the amenity of any residence or other form of accommodation?

No. The proposed signage would not be of a LUX level to detract from the amenity of surrounding residences.

Illumination will comply with both Section 3 (Advertisements and Road safety) of the NSW Department of Planning and Environment Transport Corridor Outdoor Advertising and Signage Guidelines (November 2017) and Australian Standard AS4282-1997 Control of the obtrusive effects of outdoor lighting.

Can the intensity of the illumination be adjusted, if necessary?

No. The brightness of the signs will be fixed; however, the signs would only have a soft glow that is mostly visible at night.

Is the illumination subject to a curfew?

No. The applicant seeks consent for the signage to be illuminated on a 24 hour basis.

Safety

Would the proposal reduce the safety for any public road?

The proposed signage would not reduce the safety of any public road.

Would the proposal reduce the safety for pedestrians or bicyclists?

The proposed signage would not reduce the safety for pedestrians or cyclists.

Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas?

The proposal would not reduce the safety for pedestrians.

The proposed signage is also considered to meet the objectives of Clause 22 of the SEPP 64 which relates to the size, integration and visual impact of the proposed signage.

The evaluation of the application having regard to the assessment criteria contained within SEPP 64 indicates that the proposal satisfies the objectives of the policy.

2.5        State Environmental Planning Policy (Infrastructure) 2007

The application has been assessed against the requirements of State Environmental Planning Policy (Infrastructure) 2007 (ISEPP). This Policy contains State-wide planning controls for developments adjoining busy roads and railways and traffic generating development. The following matters are required to be considered pursuant to ISEPP.

The application was referred to TfNSW in accordance with clauses 101 (Development with frontage to classified road), 103 (Excavation in or immediately adjacent to corridors) and 104 (Traffic Generating Development) of the ISEPP and Clause 17 of SEPP 64 (Advertisements with display area greater than 20m2 or higher than 8m above ground).

The TFNSW did not raise any objections to the proposal, subject to conditions.

2.6        State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017

State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 (Vegetation SEPP) commenced 25 August 2017 and aims to protect the biodiversity and amenity values of trees within non-rural areas of the state.

Part 3 of the Vegetation SEPP states that a development control plan may make a declaration in any manner relating to species, size, location and presence of vegetation. Accordingly, Part 1B.6.1 of the Hornsby Development Control Plan 2013 (HDCP) prescribes works that can be undertaken with or without consent to trees.     

Part 3.1.1 of this report provides an assessment in accordance with Part 1B.6.1 of the HDCP.

2.7        Sydney Regional Environmental Policy No. 20 Hawkesbury-Nepean River

The site is located with the catchment of the Hawkesbury Nepean River. Part 2 of this Plan contains general planning considerations and strategies requiring Council to consider the impacts of development on water quality, aquaculture, recreation and tourism.

The proposed development does not propose any substantial construction, and existing stormwater drainage arraignments are proposed to be utilised to dispose of stormwater generated by the development off site. Consequently, it is considered that the proposal would comply with the requirements of the Policy.

2.8        Section 3.42 Environmental Planning and Assessment Act 1979 - Purpose and Status of Development Control Plans

Section 3.42 of the Environmental Planning and Assessment Act 1979 states that a DCP provision will have no effect if it prevents or unreasonably restricts development that is otherwise permitted and complies with the development standards in relevant Local Environmental Plans and State Environmental Planning Policies. 

The principal purpose of a development control plan is to provide guidance on the aims of any environmental planning instrument that applies to the development; facilitate development that is permissible under any such instrument; and achieve the objectives of land zones.  The provisions contained in a DCP are not statutory requirements and are for guidance purposes only.  Consent authorities have flexibility to consider innovative solutions when assessing development proposals, to assist achieve good planning outcomes.

2.9        Hornsby Development Control Plan 2013

The proposed development has been assessed having regard to the relevant desired outcomes and prescriptive requirements within the Hornsby Development Control Plan 2013 (HDCP).  The following table sets out the proposal’s compliance with the prescriptive requirements of the Plan:

Hornsby Development Control Plan 2013 - Part 4 Business

Control

Proposal

Requirement

Compliance

Height

9.65m

12m

Yes

Floor Space Ratio

0:74:1

0:75:1

Yes

No. of storeys

1 storey

max. 3 storeys

Yes

Setbacks (Thornleigh precinct)

 

 

 

-     Front

3.27m – 6.75m

10m

No

-     Secondary

4.1m - 5.1m

10m

No

-     Side

5.5m

0m

Yes

As detailed in the above table, the proposed development does not comply with the front setback prescriptive requirements within the HDCP.  This matter of non-compliance is detailed below, as well as a brief discussion on compliance with relevant desired outcomes.

2.9.1     Setbacks

The proposed pub would have a variable front setback of 3.27m to 6.75m to Pennant Hills Road and 4.1m to 5.1m to Phyllis Avenue which does not comply with the 10 metre front setback requirement stipulated within the Thornleigh Commercial precinct. The purpose of this setback is to provide generous landscaping within the front setback and to maintain the amenity of adjoining land uses.

The application originally proposed a 0 metre setback to both frontages which Council did not support as it resulted in removal of all trees along both frontages, did not provide for landscaping and was not consistent with the setback of approved buildings within the Thornleigh business precinct. There is a defined building setback along the frontages where the retaining wall for landscaping meets the car park area and the applicant was requested to set back the building to this location to achieve a similar landscape frontage to existing site.

The applicant submitted amended plans to comply with the above requirement and maintain a landscape buffer between the subject site and the road while maintaining the existing trees.

It is considered that whilst the proposal does not strictly meet the 10m requirement, it achieves a similar landscape outcome and is consistent with other adjoining structures, notably Bunnings to the south which is set back approximately 4m to 5m from Pennant Hills Road.

2.9.2     Landscaping

The proposed development retains the existing landscaped areas of the site.

2.9.3     Vehicle Access and Parking

The Hornsby DCP requires 1 car parking space per guest bedroom and 1 car space per 2 employees. There are currently 105 rooms at the site with 5 staff employed giving a requirement of 107.5 car parking spaces.

The site currently provides 75 car parking spaces, which would be reduced to 72 spaces as a result of 3 car parking spaces and one hotel room being removed to accommodate the proposal.

In support of the application, a Traffic Impact Assessment (TIA) as well as a Parking Accumulation Survey of a typical business day was submitted to Council for assessment.

Council’s Traffic and Road Safety Branch’s assessment provided the following comment with regard to parking impacts:

The TIA provided a table to parking requirement based on the HDCP as follows:

The table shows that the existing site has a shortfall of 33 car parking spaces and the proposed development will result in a shortfall of 50 car parking spaces.

To justify the shortfall of parking spaces for the proposal, the TIA states that Transport for NSW’s Guide to Traffic Generating Developments (GtTGD) provides a significantly lower parking rate for Tourist Hotel, which is 1 space per 4 bedrooms in 3 and 4 star hotels. Using parking rates stated in GtTGD, the parking requirement is 26 for Hotel rooms plus 15 for other facilities on-site, giving a total parking requirement of 41 spaces. Thus, the proposed 72 parking spaces are well above the parking rate from GtTGD.

TTPP provided an additional traffic response dated 14 December 2021, which provides the parking accumulation survey which demonstrates that the site currently has sufficient capacity of on-street parking spaces, and ‘The estimated peak parking demand for the proposed development (i.e. including proposed bar, bistro and VIP lounge areas) is expected to be 71 spaces on a weekday and 63 spaces on a weekend, which is a lower carparking demand than the proposed 72 on-site parking spaces.

Furthermore, the current operator of IBIS Thornleigh provided the following observations (signed by Mat Finch, Portfolio General Manager):

·              Prior to the impact of Covid-19, the hotel’s average occupancy rate was around 72% (75 rooms per night). This rate has now fallen to an average of 35% (37 rooms per night).

·              The hotel’s traditional business mix is made up of corporate travellers from the immediate local area (11-15% of room nights), tour groups (12-16%) and general public guests.

·              Tour series are traditionally hosted on weekends and account for 20 rooms per night - these guests do not utilise the car park as both inbound and sporting groups travel by coach.

·              The majority of business guests utilise the parking facilities at adjacent corporate offices (e.g., McDonalds Australia) and as such rarely use the Ibis car park for overnight parking.

Council’s Traffic and Road Safety Branch’s assessment accepts the 72 spaces provided on site as it has been adequately demonstrated via the submission of supporting documentation and justification provided that the proposal would have a sufficient number of car parking spaces to cater for both the Hotel and proposed pub.

2.9.4     Accessible Design

The application was supported by an Access Assessment prepared by AED Group dated 1 September 2021.

The HDCP requires that all new building work should comply with the accessibility provisions of the Building Code of Australia (BCA) and the Disability (Access to Premises - Buildings) Standards 2010 and provide continuous unobstructed paths of travel from public footpaths, accessible car parking, and set down areas to public building entrances.

To meet the Access to Premises Standards Part 2.1 and BCA D3.2, accessible paths of travel are available from the front boundary via a ramp to the footpath along Pennant Hills Road and lifts are provided from the ground floor to the upper level.

Accessible parking is available in the existing carpark, located in close proximity to the lift.

Council’s access assessment concurs with the conclusions of the Access Report that the access provisions for people with physical and sensory disabilities in the proposed development complies with the accessibility requirements of the BCA and the Disability (Access to Premises - Buildings) Standards 2010.

2.9.5     Waste Management

The proposal is to extend the Ibis Hotel by constructing a pub over the loop road around the hotel, with the pub’s main entry at the Pennant Hills Road level.

A bin storage room of acceptable size has been provided and the bins can be serviced from the loop road with minimal need for bin carting. This has been assessed as acceptable by Council’s Waste Management Team.

Truck access is as per existing using the existing loop road whereby trucks do not have to make any reverse movements on site and can enter and leave the site in a forward direction. Since there will be construction over the waste collection vehicle travel path on site, a minimum vertical clearance of 3.5m has been conditioned to ensure the site is able to continue to be serviced by a small rigid waste collection vehicle.

Conditions are recommended during the construction stage to ensure the existing waste bins servicing the motel will be relocated to the carpark spaces that can be accessed by the waste collection vehicles as a temporary arrangement.

2.9.6     Noise and Vibration

The application was supported by an amended Acoustic Assessment prepared by Pulse White Noise Acoustics dated 2 February 2022 and an amended plan of management for the pub which includes a complaint handling procedure.

Council’s acoustic assessment raised no objections to the proposed hours of operation nor acoustic impacts of the proposal to surrounding properties subject to conditions requiring compliance with the recommendations of the acoustic report that includes acoustic treatment, noise limited audio devises and a cap on patron numbers, the proposal is considered acceptable.

The amended Plan of Management (PoM) includes sufficient information addressing the planning principles established by the LEC as demonstrated below:

Do the requirements in the Management Plan relate to the proposed use and complement any conditions of approval? 

Comment: Yes the PoM relates to a pub facility and appropriate conditions are recommended restricting number of patrons, hours of operation, operational standards, noise minimisation, signage, CCTV, liquor accord, removal of liquor in open containers, induction and training, deliveries and waste removal, maintenance, complaints handling procedures, amenity of neighbourhood, community liaison, responsibilities of staff/management and dealing with incidents/minors.

Do the requirements in the Management Plan require people to act in a manner that would be unlikely or unreasonable in the circumstances of the case?

Comment: No, the PoM is considered simple and easy to understand and would not place any unreasonable requirements on the Licensee.

Can the source of any breaches of the Management Plan be readily identified to allow for any enforcement action?

Comment: Yes, an operational condition is recommended in Schedule 1 requiring complaints regarding the operation of the facility to be directed to the Licensee of the business and a log book of the date and time of the complaint, contact details of the person making the complaint and the nature of the complaint to be documented. This logbook must be readily available to Council and contact details must be provided on a website or alternatively all adjoining properties must be notified in writing of relevant contact details of the manager.

Do the requirements in the Management Plan require absolute compliance to achieve an acceptable outcome?

Comment: No, the proposed procedures and operational limitations of the PoM would ensure that the standard of the operation would achieve an acceptable environmental outcome.

Can the people the subject of the Management Plan be reasonably expected to know of its requirements? 

Comment: Yes, an operational condition is recommended in Schedule 1 requiring the submitted PoM to be adhered to.

Is the Management Plan to be enforced as a condition of consent? 

Comment: Yes, an operational condition is recommended in Schedule 1 requiring the submitted PoM to be adhered to.

Does the Management Plan contain complaint management procedures? 

Comment: Yes, complaints would be directed to the Licensee who will investigate any complaints and keep a log book of the date and time of the complaint, contact details of the person making the complaint and any action taken.

Is there a procedure for updating?

Comment: Yes, should complaints occur, the PoM can be updated. 

Subject to conditions, the proposal is deemed acceptable pursuant to Part 1C.2.5 Noise and Vibration requirements of the HDCP.

2.9.7     Crime Prevention

The HDCP stipulates that development should be designed to reduce crime risk and minimise opportunities for crime.

Given the nature of the development as a licensed premises, the proposed development was referred to the NSW Police (Kuring Gai Local Area Command) for comment with regard to crime prevention, public nuisance and noise management.

The NSW Police undertook a detailed assessment of the proposal and raised no objections to the development application subject to conditions requiring the following:

·              The requested trading hours on Sunday being in line with standard trading hours for licensed premises which are Sunday 10am to 10pm instead of the proposed 7am operating hours on a Sunday.

·              CCTV cameras must be installed at all entrances and exits.

·              That the licensee join the local liquor accord.  

Council’s assessment concurs with the findings of the NSW Police and deems the proposal meets the crime prevention provisions of the HDCP. Conditions are recommended in Schedule 1 reflecting the NSW Police comments.

2.9.8     Signage

The proposed development would remove all existing signage with 15 replacement signs. The application was supported by a signage strategy which clearly identifies the signage for the site.

The HDCP states that flush wall and painted wall sign should be:

·              Flush with the building and not extend laterally beyond the wall of the building to which it is attached.

·              Be a maximum of 5m2.

·              That pylon signs should not exceed 2m in width and 8m in height.

All signs comply with the HDCP requirements with the exception of Sign 4 which is detailed below.

One business identification sign (sign 4) which states the tavern letters ‘Thornleigh Tavern’ and measuring 9.3m wide x 0.637m high would be located on the roof of the pub building and does not comply with this requirement that the signage be located on the wall. In support of the non-compliance, it is recognised that the sign would sit within the roof of the pub and below the roof pop-up, is of a modest size and appearance, is for business identification signage only and not advertising signage and would not stand out within the public domain.

The new signage strategy is considered acceptable for the site and to the public domain.

2.10      Section 7.12 Contribution Plans

Hornsby Shire Council Section 7.12 Contributions Plan 2019-2029 applies to the development as the estimated costs of works is greater than $100,000.  Should the application be approved, an appropriate condition of consent is recommended requiring the payment of a contribution in accordance with the Plan.

3.         ENVIRONMENTAL IMPACTS

Section 4.15(1)(b) of the Act requires Council to consider “the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality”.

3.1        Natural Environment

3.1.1     Tree and Vegetation Preservation

The proposed development would necessitate the removal of 2 trees identified as Tree 17 (Spotted Gum) and Tree 24 (Tallowood) from the front of the site. Both these trees were planted with the construction of the original IBIS hotel building and are not locally indigenous species. An arborist report prepared by George Palmer Botanics was submitted in support of the application.

Council’s Biodiversity assessment concluded that the proposal does not require the removal or modification of a significant area of vegetation or habitat, is generally consistent with the Biodiversity element of HDCP 2013 and will not have a significant impact on matters listed under the NSW Biodiversity Conservation Act 2016.

In addition, Council’s tree assessment raised no objections to the removal of these 2 trees, subject to the replacement planting of 2 trees and utilisation of tree sensitive construction techniques for trees to be retained.

3.1.2     Stormwater Management

The application proposes stormwater pits that would connect into the existing On-Site Detention for the site.

Council’s Engineer reviewed the proposed stormwater solution and raised no objections, subject to conditions.

3.2        Built Environment

3.2.1     Built Form

Being located at street level, the building would be visible from a number of public places within the locality.  The design has attempted to minimise the visual impact by recessing the pub, providing an aesthetically pleasing design that disguises the previous IBIS building from view from the streetscape, and demolishes an existing triangle roof feature that is in disrepair as well as providing a considerable amount of landscaping and retaining trees within both road frontages.

3.2.2     Traffic

Traffic generation is not considered as an issue of the development, as addressed in Section 2.9.3 of the report.

3.3        Social Impacts

The social impacts of the development on the local and broader community have been considered with specific reference to the potential employment generation within the venue and during construction. This is consistent with the State Government’s Greater Sydney Region Plan - A Metropolis of Three Cities which identifies the need to provide an additional 689,000 new jobs by 2031.

There would be a number of multiplier effects that the development would provide throughout the local and regional economies.  These multiplier effects would result from the sourcing of goods and services from suppliers as well as the increased consumption generated by the increase of employment in the area. The venue is likely to provide employment opportunities to younger age groups, which typically have higher unemployment rates within the region.

The operation of the bar would be subject to the licensing requirements of Liquor and Gaming NSW.

3.4        Economic Impacts

The proposal would have a minor positive impact on the local economy in conjunction with other new commercial development in the locality by generating an increase in demand for local services and providing employment.

4.         SITE SUITABILITY

Section 4.15(1)(c) of the Act requires Council to consider “the suitability of the site for the development”.

The subject site has not been identified as bushfire prone or flood prone land.  The site is considered to be capable of accommodating the proposed development.  The scale of the proposed development is consistent with the capability of the site and is considered acceptable.

5.         PUBLIC PARTICIPATION

Section 4.15(1)(d) of the Act requires Council to consider “any submissions made in accordance with this Act”.

5.1        Community Consultation

The proposed development was placed on public exhibition and was notified to adjoining and nearby landowners between 11 October 2021 and 2 November 2021 in accordance with the Hornsby Community Engagement Plan.  During this period, Council received 2 submissions.  The map below illustrates the location of those nearby landowners who made a submission that are in close proximity to the development site.

NOTIFICATION PLAN

      PROPERTIES NOTIFIED

X      SUBMISSIONS

RECEIVED

Wide upward diagonal            PROPERTY SUBJECT OF DEVELOPMENT

1 SUBMISSION RECEIVED OUT OF MAP RANGE

 

Two submissions objected to the development, generally on the grounds that the development would result in:

·              Unacceptable parking for proposed use.

·              Parking on local streets and adjoining McDonalds overflow car park.

·              Permissibility issues.

·              Amenity issues with potential for rubbish in surrounding streets.

·              Smoke free legislation.

·              Concerns with acoustic report.

·              Plan of Management concerns.

·              Inconsistency with documentation.

The merits of the matters raised in community submissions have been addressed in the body of the report with the exception of the following:

5.1.1     Car parking in McDonalds Overflow car park

Council’s parking assessment did not raise concerns regarding the number of car spaces provided on site or the availability of on street parking surrounding the site.

Council cannot control patrons illegally parking their cars on adjoining car parks and that would be a civil matter between McDonalds and the IRIS hotel group.

5.1.2     Preservation of surrounding amenity

Management of patrons is a matter covered by Liquor and Gaming NSW and conditions are recommended that the proposed venue comply with the Plan of Management which contains a complaint handling procedure and that a permanent phone number be located at the front of the Hotel.

5.1.3     Use of the smoking area in relation to smoke free environment legislation

The smoke free environment legislation requires ventilation of those areas used for smoking. The Revised Acoustic Assessment bases its assumptions on hopper windows being open for ventilation purposes which is considered acceptable. 

5.1.4     Acoustic report provides inadequate acoustic assessment using short term data

Council requested an amended acoustic report to address deficiencies in the acoustic report. The amended acoustic report submitted on 25 February 2022 provides long term background noise monitoring for a minimum of 7 days, provides an assessment on smoking in the gaming areas and windows proposed and has removed weather affected data.

Council is satisfied with the amended acoustic assessment and there is sufficient detail to enable an assessment of the application on noise and acoustic impacts.

5.1.5     Updates required to plan of management (POM) to address management measures

Council requested numerous amendments to the Plan of Management to address management measures which are discussed in the report above. The amended PoM is considered satisfactory.

5.1.6     Inconsistency with documentation

Council requested amendments to the PoM and acoustic report to ensure consistency of patron numbers and hours of operation across all submitted documentation.

5.1.7     Nature of proposed use/certainty

The submitter contends that the application does not provide sufficient certainty as to whether the proposed use of a new pub will be standalone or ancillary to the existing hotel. It is submitted that Council cannot assess or approve an application which is uncertain as to the proposed land use.

The Applicant has provided the following clarification which satisfactorily addresses any permissibility concerns with the application:

The subject site benefits from an approved use of the land, that being for the purpose of hotel or motel accommodation, in accordance with the definition contained at the Dictionary to the Hornsby Local Environmental Plan 2013 (HLEP), albeit that the use of the land was approved and constructed prior to the implementation of the HLEP. The development application that is currently before the Council seeks to continue the use of the land for the purpose of hotel and motel accommodation and use the land for the purpose of food and drink premises, in this case, a pub, again in accordance with the definition contained at the Dictionary to the HLEP.

The purpose of the food and drink premises (pub) is to serve the needs of patrons staying at the hotel, in the same manner that the existing Kitchen and Bar services the needs of patrons staying at the hotel. This is not to say that the Kitchen and Bar services are restricted to patrons staying at the hotel; there is no such requirement, and any person of the public can also obtain a meal at the existing Kitchen and Bar service at the premises.

The application, as lodged, is not an application pursuant to s.4.55 of the Environmental Planning & Assessment Act 1979 (EP & A Act); it is instead a new development application, which enables this broader use to be introduced to the site. The use maintains the same function as the existing Kitchen and Bar service, that is to service patrons. It also permits, consistent with the same Kitchen and Bar service, patrons that are not staying at the hotel, to attend the site for the same purpose. The food and drink premises is therefore not a standalone use, but continues to form the same function, that is to service patrons of the hotel and the general public. Matters of 24/7 food service are a management issue that can be addressed by the operator and continue for patrons staying at the hotel.

6.         THE PUBLIC INTEREST

Section 4.15(1)(e) of the Act requires Council to consider “the public interest”.

The public interest is an overarching requirement, which includes the consideration of the matters discussed in this report.  Implicit to the public interest is the achievement of future built outcomes adequately responding to and respecting the future desired outcomes expressed in environmental planning instruments and development control plans.

The application is considered to have satisfactorily addressed Council’s and relevant agencies’ criteria and would provide a development outcome that, on balance, would result in a positive impact for the community.  Accordingly, it is considered that the approval of the proposed development would be in the public interest.

CONCLUSION

The application proposes demolition of part of the existing building and existing ground floor bar, car parking and trees; reconstruction of part of the building for the purpose of a new pub for 340 patrons, on-site landscaping and business identification signage

The development generally meets the desired outcomes of Council’s planning controls and is satisfactory having regard to the matters for consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979.

Council received 2 submissions during the public notification period. The matters raised have been addressed in the body of the report.

Having regard to the circumstances of the case, approval of the application is recommended.

The reasons for this decision are:

·              The proposed development generally complies with the requirements of the relevant environmental planning instruments and the Hornsby Development Control Plan 2013.

·              The proposed development does not create unreasonable environmental impacts to adjoining development with regard to traffic, visual bulk, noise, amenity or privacy.

Note:  At the time of the completion of this planning report, no persons have made a Political Donations Disclosure Statement pursuant to Section 10.4 of the Environmental Planning and Assessment Act 1979 in respect of the subject planning application.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is Matt Miles.

 

 

 

 

 

 

Cassandra Williams

Major Development Manager - Development Assessments

Planning and Compliance Division

 

 

 

 

Rod Pickles

Manager - Development Assessments

Planning and Compliance Division

 

 

 

 

 

 

Attachments:

1.

Locality Map

 

 

2.

Architectural Plans

 

 

3.

Landscape Plans

 

 

4.

Plan of Management

 

 

5.

Signage Strategy

 

 

6.

Traffic Plan

 

 

7.

Acoustic Letter

 

 

8.

Arborist Report

 

 

9.

Social Impact Assessment

 

 

 

 

File Reference:           DA/1037/2021

Document Number:     D08368585

 


SCHEDULE 1

GENERAL CONDITIONS

The conditions of consent within this notice of determination have been applied to ensure that the use of the land and/or building is carried out in such a manner that is consistent with the aims and objectives of the relevant legislation, planning instruments and council policies affecting the land and does not disrupt the amenity of the neighbourhood or impact upon the environment.

Note:  For the purpose of this consent, the term ‘applicant’ means any person who has the authority to act on or the benefit of the development consent.

Note:  For the purpose of this consent, any reference to an Act, Regulation, Australian Standard or publication by a public authority shall be taken to mean the gazetted Act or Regulation, or adopted Australian Standard or publication as in force on the date that the application for a construction certificate is made.

1.         Approved Plans and Supporting Documentation

The development must be carried out in accordance with the plans and documentation listed below and endorsed with Council’s stamp, except where amended by Council and/or other conditions of this consent:

Plan No.

Plan Title

Drawn by

Dated

Council Reference

DA-011, Rev H

Proposed level 1 floor plan

Squillace

01.06.2022

 

DA-050, Rev F

Existing and demolition ground floor

Squillace

04.05.2022

 

DA-051, Rev F

Existing and demolition level 1

Squillace

04.05.2022

 

DA-052, Rev F

Existing and demolition level 2

Squillace

04.05.2022

 

DA-053, Rev F

Existing and demolition level 3

Squillace

04.05.2022

 

DA-054, Rev F

Existing and demolition roof plan

Squillace

04.05.2022

 

DA-054, Rev F

Existing and demolition roof plan

Squillace

04.05.2022

 

DA-055, Rev E

Existing and demolition east and south elevation

Squillace

04.05.2022

 

DA-100, Rev F

Ground floor plan

Squillace

04.05.2022

 

DA-101, Rev F

Level 1 floor plan

Squillace

04.05.2022

 

DA-102, Rev F

Level 2 floor plan

Squillace

04.05.2022

 

DA-103, Rev F

Level 3 floor plan

Squillace

04.05.2022

 

DA-104, Rev F

Roof plan

Squillace

04.05.2022

 

DA-201, Rev F

North elevation

Squillace

04.05.2022

 

DA-202, Rev F

East elevation

Squillace

04.05.2022

 

DA-203, Rev F

South elevation

Squillace

04.05.2022

 

DA-204, Rev F

West elevation

Squillace

04.05.2022

 

DA-300, Rev F

Section sheet 1

Squillace

04.05.2022

 

DA-301, Rev F

Section sheet 2

Squillace

04.05.2022

 

5148 SM, Rev 1

Signage strategy

Fremont

24.09.2021

 

1 of 3, Issue E

Landscape site plan

Paul Scrivener

04.05.2022

 

2 of 3, Issue E

Planting Plan

Paul Scrivener

04.05.2022

 

3 of 3, Issue E

Green roof and details

Paul Scrivener

04.05.2022

 

Supporting Documentation

Document Title

Prepared by

Dated

Council Reference

TfNSW Letter ref: SYD21/01273

Transport for NSW

09.11.2021

D08288866

NSW Police Letter

NSW Police

01.12.2021

D08306767

Hornsby Council Tree Location Plan

HSC

07.06.2022

D08424305

Arborist Report

George Palmer

July 2021

D08264642

Stormwater Plans, Dw Nos. H030, H040 And H050, rev P1

LCI Consultants

No Date

D08264638

Plan Of Management

No name

August 2021

D08405664

Traffic Advice

Transport planning partnership

14.12.2021

D08356441

Traffic Report

Transport planning partnership

29.08.2021

D08264639

DA Acoustic Assessment, rev 3

Pulse White Noise Acoustics

2.02.2022

D08356438

Access Report

AED Group

01.09.2021

D08264644

BCA Report

AED Group

01.09.2021

D08264650

Waste Report

MRA Consulting group

13.07.2021

D08264640

2.         Amendment of Plans/Documentation

a)         The plan of management must be amended to update the approved hours from an opening time of 7am on Sundays to an opening time of 10am on Sundays.

b)         Details of this amendment must be submitted with the application for a Construction Certificate.

3.         Removal of Trees

a)         This development consent permits the removal of trees numbered 17 and 24 as identified on the approved landscape plan prepared by Paul Scrivener, amendment E, dated 4.5.2022. 

b)         No consent is granted for the removal of any other tree located on the site as these trees contribute to the established landscape amenity of the area/streetscape.

Note:  The removal of any other trees from the site requires separate approval by Council in accordance with Part 1B.6 Tree and Vegetation Preservation of the Hornsby Development Control Plan, 2013 (HDCP).

4.         Construction Certificate

a)         A Construction Certificate is required to be approved by Council or a Private Certifying Authority prior to the commencement of any construction works under this consent.

b)         The Construction Certificate plans must be consistent with the Development Consent plans.

5.         Section 7.12 Development Contributions

a)         In accordance with Section 4.17(1) of the Environmental Planning and Assessment Act 1979 and the Hornsby Shire Council Section 7.12 Development Contributions Plan 2019 - 2029, $75,328.50 must be paid towards the provision, extension or augmentation of public amenities or public services, based on development costs of $7,532,850.

b)         The value of this contribution is current as of 31 May 2022. If the contributions are not paid within the financial quarter that this consent is granted, the contributions payable will be adjusted in accordance with the provisions of the Hornsby Shire Council Section 7.12 Development Contributions Plan and the amount payable will be calculated at the time of payment in the following manner:

$CPY

=

 

 

$CDC  x CPIPY

 

 

 

 

CPIDC

Where:

$CPY     is the amount of the contribution at the date of Payment.

$CDC     is the amount of the contribution as set out in this Development Consent.

CPIPY    is the latest release of the Consumer Price Index (Sydney – All Groups) at the date of Payment as published by the ABS.

CPIDC   is the Consumer Price Index (Sydney – All Groups) for the financial quarter at the date of this Development Consent.

c)         The monetary contributions shall be paid to Council:

(i)         Prior to the issue of the Subdivision Certificate where the development is for subdivision.

(ii)         Prior to the issue of the first Construction Certificate where the development is for building work.

(iii)        Prior to issue of the Subdivision Certificate or first Construction Certificate, whichever occurs first, where the development involves both subdivision and building work.

(iv)        Prior to the works commencing where the development does not require a Construction Certificate or Subdivision Certificate.

Note:  It is the professional responsibility of the Principal Certifying Authority to ensure that the monetary contributions have been paid to Council in accordance with the above timeframes.

Note: In accordance with Ministerial Directions, the payment of contribution fees for development with a cost of works of over $10 million can be deferred to prior to Occupation Certificate.

Note:  The Hornsby Shire Council Section 7.12 Development Contributions Plan may be viewed at www.hornsby.nsw.gov.au or a copy may be inspected at Council’s Administration Centre during normal business hours.

REQUIREMENTS PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

6.         Building Code of Australia

Detailed plans, specifications and supporting information is required to be submitted to the certifying authority detailing how the proposed building work achieves compliance with the National Construction Code - Building Code of Australia.  All building work must be carried out in accordance with the requirements of the National Construction Code - Building Code of Australia.

7.         Appointment of a Project Arborist

a)         A project arborist with AQF Level 5 qualifications must be appointed.

b)         Details of the appointed project arborist must be submitted to Council and the PCA for registration with the application for the construction certificate.

8.         Mechanical Equipment

Prior to the issue of the Construction Certificate, a mechanical plant noise assessment must be undertaken by a suitably qualified Acoustic Consultant and a report certifying that the operation of all proposed equipment will not exceed 38dB(A) at any boundary upon installation, must be submitted to the Principal Certifying Authority.

9.         Car Parking and Deliveries

All car parking must be constructed and operated in accordance with Australian Standard AS 2890.1-2004 Off street car parking and Australian Standard AS2890.2-2002 Off street commercial and the following requirements:

a)         All parking areas and driveways must be sealed to an all-weather standard, line marked and signposted.

b)         Car parking, loading and manoeuvring areas must be used solely for nominated purposes.

c)         Vehicles awaiting loading, unloading or servicing must be parked on site and not on adjacent or nearby public roads.

d)         All vehicular entry on to the site and egress from the site must be made in a forward direction.

10.        Stormwater Drainage

The stormwater drainage system for the development must be designed in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions) and the following requirements:

a)         Connected directly to the existing internal drainage and on-site detention system.

11.        Food premise construction

As detailed kitchen floor plans and section plans were not submitted as part of the development application, the following plans must be submitted to Council’s Public Health Team for review and written approval prior to the issue of a Construction Certificate:

a)         Detailed floor and section plan for the food premises.   The plans are to demonstrate compliance with the following: 

i)          Australian Standard AS4674-2004 Design, construction and fit-out of food premises.

ii)          Food Standards Code (Australia).

iii)         Building Code of Australia.

b)         The submitted plans must make provisions for the following:

i)          Construction details/finishes for the floors (including coving), walls, ceiling, fixtures and fittings in the food preparation area of the premises.

ii)          Location and construction details of all light fittings and any floor wastes within the food preparation area.

iii)         A designated hand washing facility, accessible and no further than 5 metres, except for toilet hand basins, from any place where food handlers are handling open food, fitted with a single spout capable of delivering a supply of warm running water.

iv)         A double-bowl wash sink suitable for cleaning and sanitising food contact surfaces and equipment.

v)         Proposed cooking appliances and mechanical ventilation system to comply with AS/NZS1668.1 and AS1668.2.

vi)         In addition to the requirements of AS/NZS1668.1 and AS1668.2, an extraction system shall be provided where there is any dishwasher and other washing and sanitising equipment that vents steam into the area to the extent that there is, or is likely to be, condensation collecting on walls and ceilings.

vii)        A cleaner’s sink for disposal of liquid waste (which is not to be located in areas where open food is handled).

Note: Council’s Public Health Team can be contacted on 02 9847 6014 and plans and documents for review/ approval can be submitted to HealthTeam@hornsby.nsw.gov.au.

12.        Grease trap

Detailed plans of the location of the grease trap are to be submitted to Council’s Public Health Team for review and written approval prior to the issue of a Construction Certificate which demonstrate compliance with the following:

a)         Section 2.3.2 of Australian Standard AS4674-2004 which stipulates that ‘grease arrestors shall not be located in areas where food, equipment or packaging materials are handled or stored’.

b)         Access to grease arrestors for emptying shall not be through areas where open food is handled or stored or where food contact equipment and packaging materials are handled or stored’.

Note: Council’s Public Health Team can be contacted on 02 9847 6014 and plans and documents for review/approval can be submitted to HealthTeam@hornsby.nsw.gov.au.

13.        Waste Storage Area

Detailed plans of the waste storage area to be submitted to Council’s Public Health Team for review and written approval prior to the issue of a Construction Certificate. The designated garbage/waste storage area shall comply with the following requirements in accordance with Australian Standard AS4674-2004 including but not limited to:

a)         Provided with a hose tap connected to the water supply.

b)         Paved with impervious material.

c)         Coved at the intersection of the walls with coving integral to the floor.

d)         Graded and drained to an approved waste disposal system.

e)         Ventilated.

f)          Proofed against pests.

g)         Appropriate bunding is required for the waste storage area to prevent environmental pollution.

Note: The submitted plans illustrate a smoking area within the premises. The Applicant and Occupier of the premises are alerted to the requirements of the Smoke-free Environment Act 2000 and Smoke-free Environment Regulation 2016. They must ensure that the design and construction of the area proposed to facilitate smoking fully complies with the requirements of the Smoke-free Environment Act 2000 and Smoke-free Environment Regulation 2016.

The submitted plans are required to be reviewed by Council’s Public Health Team to ensure compliance with the Australian Standard AS4674-2004 Design and fit out of food premises, the Food Act 2003, Food Regulation 2015 and the Australia New Zealand Food Standards Codes

Note: Council’s Public Health Team can be contacted on 02 9847 6014 and plans and documents for review/ approval can be submitted to HealthTeam@hornsby.nsw.gov.au.

14.        Waste Management Details

The following waste management requirements must be complied with:

a)         There must be no steps along any bin carting route. Ramps and service lifts are acceptable.

b)         A design certificate and detailed plans are to accompany any Construction Certificate application, which demonstrate that all waste storage room(s) have been designed to be constructed in accordance with the Waste Minimisation and Management Guidelines and including the following requirements:

i)          The floor is to be constructed of concrete at least 75mm thick and adequately graded to drain to a Sydney Water approved drainage fitting.

ii)          The floor must be finished so that it is non-slip, sealed and impervious, and has a smooth and even surface coved at all intersections.

iii)         The ceilings and walls must be finished with smooth faced non-absorbent material capable of being cleaned.

iv)         The room is to be provided with artificial light controllable within the room and adequate ventilation.

v)         The room is to be provided with an adequate supply of hot and cold water mixed through a centralised mixing valve with hose cock.

vi)         The doors are to be robust and lockable, with a door opening of no less than 2m. The doors must be able to be opened from inside the room without a key.

vii)        The bin storage room must comply with the requirements of AS 4674-2004.

viii)       The bin storage room must have sufficient space to comfortably house the required number of bins (3 of 1100 L garbage bins and 1 of 1100 L recycling bins) and aisle space to access and manoeuvre these bins with every bin being accessible (no stacking of bins 2 or more deep).

ix)         If the sum of meat, seafood and poultry waste generated per day is expected to be at least 50 litres, then either the bin storage room must be refrigerated or putrescible waste collections must take place daily.

c)         A design certificate from a qualified traffic engineer and detailed plans are to accompany the Construction Certificate application that confirms that the waste can be directly collected from the basement level as detailed in the Waste Management Plan and the Traffic Report. The design certificate is to specifically confirm that the:

i)          Waste collection vehicle is able to enter the site in a forward direction, adequately manoeuvre into position near the bins, load bins and exit the site in a forward direction.

ii)          Vertical clearance of 3.5m is provided along the entire route of travel of the waste collection vehicle on site and any loading bay.

iii)         The installation of ceiling mounted cable trays, pipes, ducting, lights, signs etc will not reduce the vertical clearance of the waste collection vehicle travel path on site to less than 3.5m.

iv)         The waste collection vehicle must be able to manoeuvre on-site with limited need for reversing.

v)         The grades along the entire travel path of the waste collection vehicle on site must not exceed the maximum grades of AS2890.2 for a heavy rigid vehicle.

vi)         The vehicle ground clearance is sufficient to prevent scraping.

vii)        All pavement has been designed to carry the load of the heavy rigid vehicle.

d)         All occupied portions of the development must have a fully functional on-going waste management system that is capable of being serviced for waste collection during all demolition and construction stages.

15.        Sydney Water - Approval

This application must be submitted to Sydney Water for approval to determine whether the development would affect any Sydney Water infrastructure, and whether further requirements are to be met.

Note:  Building plan approvals can be obtained online via Sydney Water Tap inTM through www.sydneywater.com.au under the Building and Development tab.

REQUIREMENTS PRIOR TO THE COMMENCEMENT OF ANY WORKS

16.        Erection of Construction Sign

a)         A sign must be erected in a prominent position on any site on which any approved work is being carried out:

i)          Showing the name, address and telephone number of the principal certifying authority for the work.

ii)          Showing the name of the principal contractor (if any) for any demolition or building work and a telephone number on which that person may be contacted outside working hours.

iii)         Stating that unauthorised entry to the work site is prohibited.

b)         The sign is to be maintained while the approved work is being carried out and must be removed when the work has been completed.

17.        Protection of Adjoining Areas

A temporary hoarding, fence or awning must be erected between the work site and adjoining lands before the works begin and must be kept in place until after the completion of the works if the works:

a)         Could cause a danger, obstruction or inconvenience to pedestrian or vehicular traffic.

b)         Could cause damage to adjoining lands by falling objects.

c)         Involve the enclosure of a public place or part of a public place.

d)         Have been identified as requiring a temporary hoarding, fence or awning within the Council approved Construction Management Plan (CMP).

Note:  Notwithstanding the above, Council’s separate written approval is required prior to the erection of any structure or other obstruction on public land.

18.        Erosion and Sediment Control

To protect the water quality of the downstream environment, erosion and sediment control measures must be provided and maintained throughout the construction period in accordance with the manual ‘Soils and Construction 2004 (Bluebook)’, the approved plans, Council specifications and to the satisfaction of the principal certifying authority.  The erosion and sediment control devices must remain in place until the site has been stabilised and revegetated.

Note:  On the spot penalties may be issued for any non-compliance with this requirement without any further notification or warning.

19.        Garbage receptacle

a)         A garbage receptacle must be provided at the work site before works begin and must be maintained until all works are completed.

b)         The garbage receptacle must have a tight fitting lid and be suitable for the reception of food scraps and papers.

c)         The receptacle lid must be kept closed at all times, other than when garbage is being deposited.

d)         Food scraps must be placed in the garbage receptacle and not in demolition and construction waste bins.

20.        Installation of Tree Protection Measures

a)         Trees to be retained and numbered 1 to 16, 18-23 and 25-26 inclusive as identified on Hornsby Council Tree Location Plan prepared by HSC, dated 7 June 2022 must have tree protection measures for the ground, trunk and canopy installed by the project arborist as follows:

i)          For the duration of demolition works, in accordance with the Hornsby Council Tree Location Plan prepared by HSC, dated 7 June 2022.

ii)          For the duration of construction works, in accordance with Hornsby Council Tree Location Plan prepared by HSC, dated 7 June 2022.

b)         Tree protection fencing for the trees to be retained numbered 1-16, 18-23 and 25-26 must be installed by the engaged AQF 5 project arborist and consist of 1.8m high temporary fencing panels installed in accordance with Australian Standard AS4687-2007 Temporary fencing and hoardings.

c)         The installation of all required tree protection fencing must include shade cloth attached to the fencing to reduce transport of dust, particulates and liquids from entering the tree protection zone.

d)         The installation of all required tree protection fencing must protect the garden bed areas to the edge of the impervious surface.

e)         Tree crown protection measures are required and must be installed by the AQF 5 project arborist.

f)          The circumference of the trunk(s) must be wrapped in hessian material to provide cushioning for the installation of timber planks.

g)         Timber planks (50 x100mm) must be spaced at 100mm intervals and must be attached using adjustable ratchet straps.

h)         All tree protection zones must have a layer of wood-chip mulch at a depth of between 150mm and 300mm.

i)          Where wood-chip mulch is permitted by Council instead of tree protection fencing within the tree protection zones, the wood-chip must be covered with a layer of geotextile fabric and rumble boards. This may be employed if it is demonstrated that plant, equipment, materials and waste do not use the western and northern section of the carpark. (Trees numbered 1 to 4 and 27 to 29).

REQUIREMENTS DURING CONSTRUCTION AND DEMOLITION

21.        Construction Work Hours

All works on site, including demolition and earth works, must only occur between 7am and 5pm Monday to Saturday.

No work is to be undertaken on Sundays or public holidays.

22.        Demolition

To protect the surrounding environment, all demolition work must be carried out in accordance with Australian Standard AS2601-2001 Demolition of structures and the following requirements:

a)         Demolition material must be disposed of to an authorised recycling and/or waste disposal site and/or in accordance with an approved waste management plan.

b)         Demolition works, where asbestos material is being removed, must be undertaken by a contractor that holds an appropriate licence issued by SafeWork NSW in accordance with the Work Health and Safety Regulation 2017 and be appropriately transported and disposed of in accordance with the Protection of the Environment Operations (Waste) Regulation 2014.

c)         On construction sites where any building contains asbestos material, a standard commercially manufactured sign containing the words ‘DANGER ASBESTOS REMOVAL IN PROGRESS’ and measuring not less than 400mm x 300mm must be  displayed in a prominent position visible from the street.

23.        Environmental Management

To prevent sediment run-off, excessive dust, noise or odour emanating from the site during the construction, the site must be managed in accordance with the publication ‘Managing Urban Stormwater – Landcom (March 2004) and the Protection of the Environment Operations Act 1997.

24.        Council Property

To ensure that the public reserve is kept in a clean, tidy and safe condition during construction works, no building materials, waste, machinery or related matter is to be stored on the road or footpath. 

25.        Disturbance of Existing Site

During construction works, the existing ground levels of open space areas and natural landscape features, including natural rock-outcrops, vegetation, soil and watercourses must not be altered unless otherwise nominated on the approved plans.

26.        Landfill not Permitted

The importation of fill material associated with earthworks, or structural or engineering works, is not permitted as part of this consent.

27.        Maintenance of public footpaths

Public footpaths must be maintained for the duration of works to ensure they are free of trip hazards, displacements, breaks or debris to enable pedestrians to travel along the footpath safely.

28.        Building Materials and Site Waste

The stockpiling of building materials, the parking of vehicles or plant, the disposal of cement slurry, waste water or other contaminants must be located outside the tree protection zones as prescribed in the conditions of this consent of any tree to be retained.

29.        Unexpected Finds

Should the presence of asbestos or soil contamination, not recognised during the application process be identified during any stage of works, the applicant must immediately notify the PCA and Council.

30.        Waste Management Details

Requirements of the approved Waste Management Plan shall be complied with during all site preparation works, demolition and throughout all construction works. When implementing the Waste Management Plan, the developer is to ensure:

a)         The disposal of any demolition and construction waste must be undertaken in accordance with the requirements of the Protection of Environment Operations Act 1997.

b)         All waste on site is to be stored, handled and disposed of in such a manner as to not create air pollution, offensive noise or pollution of land and water as defined by the Protection of Environment Operations Act 1997.

c)         Generation, storage, treatment and disposal of hazardous waste is conducted in accordance with the relevant waste legislation administered by the EPA and relevant Occupational Health and Safety legislation administered by WorkCover NSW.

d)         All waste generated (including excavated materials) which cannot be reused or recycled must be transported to a facility which can lawfully accept it.

e)         All materials and resources that are to be stored on site during construction works are contained on the site. The provisions of the Protection of Environment Operations Act 1997 must be complied with when placing/stock piling loose material, disposal of concrete waste or activities which have potential to pollute drains and water courses.

f)          The storage of waste and recycling containers must be within the boundaries of the development site at all times. Public footways and roads must not be used for the storage of any waste and must be kept clear of obstructions during all construction works.

g)         Additionally, written records of the following items must be maintained during the removal of any waste from the site and such information submitted to the Principal Certifying Authority within fourteen days of the date of completion of the works:

i)          The identity of the person removing the waste.

ii)          The waste carrier vehicle registration.

iii)         Date and time of waste collection.

iv)         A description of the waste (type of waste and estimated quantity).

v)         Details of the site to which the waste is to be taken.

vi)         The corresponding weighbridge tip docket/receipt from the site to which the waste is transferred (noting date and time of delivery, description (type and quantity) of waste).

vii)        Whether the waste is expected to be reused, recycled or go to landfill.

    Note: In accordance with the Protection of the Environment Operations Act 1997, the definition of waste includes any unwanted substance, regardless of whether it is reused, recycled or disposed to landfill.

31.        Survey Report

A report must be prepared by a registered surveyor and submitted to the principal certifying authority:

a)         Prior to the pouring of any concrete support columns, certifying that: no support columns are positioned within the approved travel path of the waste collection vehicle.

b)         Prior to the pouring of any concrete on the level above the waste collection vehicle travel path, certifying that: the vertical clearance over the waste collection vehicle travel path will be no less than 3.5 metres.

c)         The installation of ceiling mounted cable trays, pipes, ducting, lights, signs etc must not reduce the vertical clearance of the waste collection vehicle travel path on site to less than 3.5m. 

32.        Prohibited actions within the fenced tree protection zone

The following activities are prohibited within the approved fenced tree protection zones unless otherwise approved by Council:

a)         Soil cutting or filling, including excavation and trenching.

b)         Soil cultivation, disturbance or compaction.

c)         Stockpiling storage or mixing of materials.

d)         The parking, storing, washing and repairing of tools, equipment and machinery.

e)         The disposal of liquids and refuelling.

f)          The disposal of building materials.

g)         The siting of offices or sheds.

h)         Any action leading to the impact on tree health or structure.

33.        Maintaining the health of trees approved for retention

The appointed project arborist must monitor and record any and all necessary actions required to maintain tree health and condition for trees to be retained on the approved plans.

34.        Maintaining Tree Protection Measures

Tree Protection Measures must be maintained by the project arborist for the duration of works.

35.        Approved Works within Tree Protection Zone incursions

a)         Where tree root pruning is required for the installation of piers, driveway or underground services, the pruning must be overseen by the AQF 5 project arborist and must be undertaken as follows:

i)          Using sharp secateurs, pruners, handsaws or chainsaws with the final cut being clean.

ii)          The maximum diameter of roots permitted to be cut is 40 mm.

b)         Where the building footprint enters or transects the Tree Protection Zones of trees to be retained numbered T16, T18-23 and T25-26, sensitive construction techniques in the form of screw pilings or piers, cantilevered or suspended slab design must be employed to create a 100mm clearance above existing soil grade.

c)         Approved excavations within the Tree Protection Zone of trees to be retained numbered T16, T18-23 and T25-26 not associated with installation of services must be undertaken as follows:

i)          Excavations for the construction and/or installation of the piers in the Tree Protection Zone of trees to be retained numbered T16 on the approved plans must be supervised by the project arborist to locate roots and allow for pruning in accordance with condition 8a.

ii)          Grade changes in the form of filling, are permissible outside the Structural Root Zone in conjunction with piers.

d)         To minimise impacts within the Tree Protection Zone (TPZ) of trees numbered T16 on the approved plans, the installation of services must be undertaken as follows:

i)          The AQF 5 project arborist must be present to oversee the installation of any underground services which enter or transect the tree protection.

ii)          The installation of any underground services which either enter or transect the designated TPZ must be undertaken manually. 

iii)         For manually excavated trenches the AQF 5 project arborist must designate roots to be retained.  Manual excavation may include the use of pneumatic and hydraulic tools.

e)         Where scaffolding is required, ground protection must be installed beneath the scaffolding  in the following order:

i)          Installation of a 100mm deep layer of woodchip.

ii)          Installation of geotextile fabric ground covering.

iii)         Installation of scaffold boarding above the woodchip and geotextile fabric.

REQUIREMENTS PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

36.        External Lighting

a)         To protect the amenity of adjacent premises, all external lighting must be designed and installed in accordance with Australian Standard AS4282 Control of the obtrusive effects of outdoor lighting. 

b)         Certification of compliance with this Standard must be obtained from a suitably qualified person and submitted to the PCA with the application for the Occupation Certificate.

37.        Completion of landscaping

A certificate must be provided by a practicing landscape architect, horticulturalist or person with similar qualifications and experience certifying that all required landscaping works have been satisfactorily completed in accordance with the approved landscape plans.

Note: Applicants are advised to pre-order plant material required in pot sizes 45 litre or larger to ensure nurseries have stock available at the time of install.

38.        Food Premises Compliance

a)         The fit out and operation of the part of the building to be used for the manufacture, preparation or storage of food for sale, must be in accordance with Australian Standard AS4674-2004 Design and fit out of food premises, the Food Act 2003, and the Food Regulation 2015 and the Food Standards Code developed by Food Standards Australia New Zealand.  Food Standards 3.2.2 and 3.2.3 are mandatory for all food businesses.

Note: Walls are to be of solid construction.

b)         Prior to the commencement of the business, the operator is required to contact Council’s Public Health Team to arrange for a Health Officer to carry out an inspection of the premises to ensure compliance with the Australian Standard AS4674-2004 Design and fit out of food premises, the Food Act 2003, Food Regulation 2015 and the Australia New Zealand Food Standards Codes.

c)         A letter of compliance provided by Hornsby Shire Council’s Health Officer must be submitted to the Principal Certifier prior to an occupation certificate being issued.

Note: Council’s Public Health team can be contacted on 02 9847 6014.

39.        Grease Trap & Dry Basket Arrestor Installation

An application must be submitted to Sydney Water for the installation of a grease trap and dry basket arrestor (floor and sink) in accordance with the ‘Guidelines for the On-Site Pre-Treatment of Trade Wastewater Discharges – Sydney Water (May 2004)’.

40.        Mechanical Ventilation

Certification must be submitted from an appropriately qualified and practising mechanical engineer to the Principal Certifying Authority, detailing that the exhaust ventilation system has been installed in accordance with Australian Standard AS1668 The use of ventilation and air-conditioning in buildings - Mechanical ventilation in buildings, prior to completion and the issue of any Occupational Certificate.

41.        Asbestos Clearance Certificate

Should any asbestos be encountered during demolition or construction works, a licenced asbestos assessor is required to provide a Clearance Certificate to the Certifier prior to the issue of an Occupation Certificate, certifying that the asbestos has been removed and appropriately disposed of, and the site is now suitable for its approved use. 

42.        Damage to Council Assets

To protect public property and infrastructure, any damage caused to Council’s assets as a result of the construction or demolition of the development must be rectified by the applicant in accordance with AUS-SPEC Specifications (www.hornsby.nsw.gov.au/property/build/aus-spec-terms-and-conditions.  Rectification works must be undertaken prior to the issue of an Occupation Certificate, or sooner, as directed by Council.

43.        Acoustic Treatment and Certification

a)         Acoustic treatment must be installed for the proposed development in accordance with the DA Acoustic Assessment, prepared by Pulse White Noise Acoustics, dated 2/2/22, reference 210133.

b)         A noise limited audio device which prevents background music from exceeding a sound pressure level of 70dBA must be installed in all areas where amplified music is played in accordance with the DA Acoustic Assessment, prepared by Pulse White Noise Acoustics, dated 2/2/22, reference 210133.

c)         On completion of all works and prior to the issue of an Occupation Certificate, the certifier is to be provided with a certificate from a qualified acoustic consultant certifying that all acoustic works have been completed in accordance with the recommendations contained within the DA Acoustic Assessment, prepared by Pulse White Noise Acoustics, dated 2/2/22, reference 210133 and this consent.

44.        Installation of CCTV

The applicant shall install and maintain CCTV cameras to monitor and record all public areas of the premises including every entrance and exit. The CCTV cameras must record footage of a nature and quality in which it can be used to identify a person recorded by the camera. The time and date must automatically be recorded on all recordings. Recordings are to be kept for a minimum period of 30 days before they can be reused or destroyed. Any recordings made are to be promptly delivered to police as soon as possible following a request.

45.        Fire Safety Statement - Final

In accordance with the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, upon completion of the building, the owner must provide Council with a certificate in relation to each fire safety measure implemented in the building.

46.        Waste requirements

a)         Prior to an Occupation Certificate being issued or the use commencing, whichever is earlier, the Principal Certifying Authority must ensure arrangements are in place for delivery of bins for the on-going use of the site and for regular scheduled commercial waste collection services to commence within 7 days of occupation.

b)         A report must be prepared by an appropriately qualified person, certifying the following:

i)          A comparison of the estimated quantities of each demolition and construction waste type against the actual quantities of each waste type.

Note: Explanations of any deviations to the approved Waste Management Plan is required to be included in this report

ii)          That at least 60% of the waste generated during the demolition and construction phase of the development was reused or recycled.

Note: If the 60% diversion from landfill cannot be achieved in the Construction Stage, the Report is to include the reasons why this occurred and certify that appropriate work practices were employed to implement the approved Waste Management Plan. The Report must be based on documentary evidence such as tipping dockets/receipts from recycling depots, transfer stations and landfills, audits of procedures etc. which are to be attached to the report.

iii)         All demolition and construction waste was taken to site(s) that were lawfully permitted to accept that waste.

c)         The bin carting routes must be devoid of any steps.

d)         The commercial bin storage room must include water or a hose for cleaning, graded floors with drainage to sewer, sealed and impervious surfaces, robust door(s), adequate lighting and ventilation, and must be lockable.

47.        Replacement Tree Requirements

a)         The trees approved for removal under this consent, being trees 17 and 24, must be offset through replacement planting of a minimum of 2 trees.

b)         All replacement plantings must be species selected from the ‘Trees Indigenous to Hornsby Shire (as of 1 September 2011)’ document available for viewing on the Hornsby Council’s website http://www.hornsby.nsw.gov.au/environment/flora-and-fauna/tree-management/indigenous-trees

c)         The location and size of tree replacement planting must comply with the following:

i)          All replacement trees must be located in either front or rear setbacks and planted 4 metres or greater from the foundation walls of the approved development.

ii)          The pot size of the replacement trees must be a minimum 45 litres.

iii)         All replacement trees must be a minimum of 3 metres in height.

iv)         All replacement trees must have the potential to reach a mature height greater than 10 metres.

48.        Final Certification

a)         The AQF 5 Project arborist must submit to the Principal Certifying Authority a certificate that includes the following.

b)         All tree protection requirements complied with the as approved tree protection plan for the duration of demolition and/or construction works.

c)         All completed works relating to tree protection and maintenance have been carried out in compliance with the conditions of consent and approved plans.

d)         Dates, times and reasons for all site attendance.

e)         All works undertaken to maintain the health of retained trees.

f)          Details of tree protection zone maintenance for the duration of works.

g)         A statement to confirm that tree replacement planting meets NATSPEC guidelines and the approved landscape plan.

Note: Copies of monitoring documentation may be requested throughout DA process.

OPERATIONAL CONDITIONS

49.        Hours of Operation

The hours of operation of the pub are restricted to those times listed below:

a)         Monday to Saturday: 7am to 12 midnight.

b)         Sunday: 10am to 10pm.

50.        Signage

The signage displays approved under this consent must not contain/use:

a)         Flashing lights.

b)         Electronically changeable messages.

c)         Animated display, moving parts or simulated movement.

d)         Complex displays that hold a drivers attention beyond “glance appreciation”.

e)         Displays resembling traffic signs or signals or giving instruction to traffic by using colours and shapes that imitate a prescribed traffic control device or words such as ‘halt’ or ‘stop’.

f)          A method of illumination that distracts or dazzles.

51.        Noise - Operational

All noise generated by the proposed development must be attenuated to prevent levels of noise being emitted to adjacent premises which possess tonal, beating and similar characteristics or which exceeds the noise emission criteria detailed in the DA Acoustic Assessment reference 210133, prepared by Pulse White Noise Acoustics, dated 2/2/22 at all times.

52.        Noise – Plant and Machinery

a)         The level of total continuous noise emanating from operation of all the plant, including air conditioning units and processes in all buildings (LA10) (measured for at least 15 minutes) in or on the above premises, must not exceed the background level by more than 5dB(A) when measured at all property boundaries.

b)         An acoustic assessment is to be undertaken by a suitably qualified environmental consultant within 60 days of occupying the site in accordance with the Environment Protection Authority’s Noise Policy for Industry (2017), Council’s Policy and Guidelines for Noise and Vibration Generating Development (Acoustic Guidelines V.5, 2000) and the DECC’s Noise Guide for Local Government (2004).  The assessment must be held on site for review by Council if necessary.  Should the assessment find that noise from the premises exceeds 5dB(A) above background noise levels, appropriate measures must be employed to rectify excessive noise.

53.        Compliance with Acoustic Assessment

The development must be operated in accordance with the recommendations contained in the DA Acoustic Assessment reference 210133, prepared by Pulse White Noise Acoustics, dated 2/2/22 at all times as follows:

a)         No more than 340 patrons in the venue at any one time, staff not included.

b)         All glazed openings (except the hopper smoking windows) must be closed after 12:00am (midnight).

c)         Background music within the premise must not exceed a maximum noise level of 70dBA (sound pressure level).

d)         An audio limiter is to be installed within the venue which limits background music from exceeding 70dBA sound pressure level.

e)         All mechanical selections and layouts must be reviewed prior to installation to ensure compliance with the project requirements outlined in section 5 of the acoustic report dated 2 February 2022, prepared by Pulse White Noise Acoustics, Revision 3.

f)          Removal of glass or general waste must not be taken after 10:00pm and not before 7:00am.

g)         A contact number must be displayed at the front of the premises for the purposes of receiving any complaints if they arrive as per the approved plan of management. 

h)         Signs must be displayed at all exits reminding patrons to be mindful of noise when leaving the premise.

54.        Compliance with Plan of Management

The development must be operated in accordance with the approved Plan of Management (as amended) at all times.

55.        Fire Safety Statement - Annual

On at least one occasion in every 12 month period following the date of the first ‘Fire Safety Certificate’ issued for the property, the owner must provide Council with an annual ‘Fire Safety Certificate’ certifying each essential service installed in the building.

56.        Landscape Establishment

The landscape works must be maintained into the future to ensure the establishment and successful growth of plant material to meet the intent of the landscape design. This must include but not be limited to watering, weeding, replacement of failed plant material and promoting the growth of plants through standard industry practices.

57.        Waste Management

The waste management on site must be in accordance with the following requirements:

a)         All commercial tenant(s) must keep written evidence on site of a valid and current contract with a licensed waste contractor(s) for the regular collection and disposal of the waste and recyclables that are generated on site.

b)         A Work, Health & Safety (WHS) risk assessment is to be carried out by a suitably qualified person with qualifications in Work, Health & Safety Legislation with specific regard to waste management. The recommendations of the WHS Risk Assessment are to be implemented as required.

c)         All commercial tenant(s) must have a sufficient number of bins to contain the volume of waste and recycling expected to be generated between collection services.

d)         If the sum of meat, seafood and poultry waste generated per day is at least 50 litres, then waste collections must take place daily if the bin storage room is not refrigerated.

e)         The land and adjoining areas are to be kept in clean and tidy conditions at all times.

f)          Adequate signage is to be provided and maintained on how to use the waste management system and what materials are acceptable for recycling within all waste storage areas of the development. Signage is also to be provided and maintained which clearly identifies which bins (and containers) are to be used for general waste and recycling and what materials can be placed in each bin.

g)         All surfaces trafficable by the waste collection vehicle must be kept in good and substantial repair.

h)         Vegetation adjacent to the driveway/accessway/roadway must be regularly pruned to maintain a 3.5m vertical clearance over the driveway/accessway/roadway and to ensure the vegetation does not encroach on the vehicular travel path.

58.        Parking utilisation survey/Green Travel Plan

A Parking Utilisation Survey of the sites car park is to be submitted to Council 12 months after the commencement of operation.

CONDITIONS OF CONCURRENCE - TRANSPORT FOR NSW

 

The following conditions of consent are from the nominated state agency pursuant to section 4.13 of the Environmental Planning and Assessment Act 1979 and must be complied with to the satisfaction of that agency.

59.        TfNSW 1

Any new building or structures, together with any improvements integral to the future use of the site, are erected clear of the NorthConnex Tunnel and are wholly within the freehold property along the Pennant Hills Road boundary.

60.        TfNSW 2

The integrity of the NorthConnex Tunnel is not compromised.

61.        TfNSW 3

All demolition and construction vehicles are to be contained wholly within the site and vehicles must enter the site before stopping. A construction zone will not be permitted on Pennant Hills Road.

- END OF CONDITIONS -

ADVISORY NOTES

The following information is provided for your assistance to ensure compliance with the Environmental Planning and Assessment Act, 1979, Environmental Planning and Assessment Regulation 2000, other relevant legislation and Council’s policies and specifications.  This information does not form part of the conditions of development consent pursuant to Section 4.17 of the Act.

Environmental Planning and Assessment Act 1979 Requirements

The Environmental Planning and Assessment Act 1979 requires:

·              The issue of a construction certificate prior to the commencement of any works.  Enquiries can be made to Council’s Customer Services Branch on 9847 6760.

·              A principal certifying authority to be nominated and Council notified of that appointment prior to the commencement of any works.

·              Council to be given at least two days written notice prior to the commencement of any works.

·              Mandatory inspections of nominated stages of the construction inspected.

·              An occupation certificate to be issued before occupying any building or commencing the use of the land.

Long Service Levy 

In accordance with Section 34 of the Building and Construction Industry Long Service Payments Act 1986, a ‘Long Service Levy’ must be paid to the Long Service Payments Corporation or Hornsby Council.

Note:  The rate of the Long Service Levy is 0.35% of the total cost of the work.

Note:  Hornsby Council requires the payment of the Long Service Levy prior to the issue of a construction certificate.

Tree and Vegetation Preservation

Hornsby Development Control Plan 2013 Tree and Vegetation Preservation provisions have been developed under Council’s authorities contained in State Environmental Planning Policy (Vegetation in Non-Rural Areas) 2017 and the Environmental Planning and Assessment Act 1979.

In accordance with these provisions a person must not cut down, fell, uproot, kill, poison, ringbark, burn or otherwise destroy the vegetation, lop or otherwise remove a substantial part of the trees or vegetation to which any such development control plan applies without the authority conferred by a development consent or a permit granted by Council.

Fines may be imposed for non-compliance with the Hornsby Development Control Plan 2013.

Note: A tree is defined as a long lived, woody perennial plant with one or relatively few main stems with the potential to grow to a height greater than three metres (3m). (HDCP 1B.6.1.c).

Disability Discrimination Act

The applicant’s attention is drawn to the existence of the Disability Discrimination Act 1992.  A construction certificate is required to be obtained for the proposed building/s, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act 1992.  This is the sole responsibility of the applicant.

Covenants

The land upon which the subject building is to be constructed may be affected by restrictive covenants.  Council issues this approval without enquiry as to whether any restrictive covenant affecting the land would be breached by the construction of the building, the subject of this consent.  Applicants must rely on their own enquiries as to whether or not the building breaches any such covenant.

Fees and Charges – Subdivision

All fees payable to Council as part of any construction, compliance or subdivision certificate or inspection associated with the development (including the registration of privately issued certificates) are required to be paid in full prior to the issue of the subdivision certificate.  Any additional Council inspections beyond the scope of any compliance certificate required to verify compliance with the terms of this consent will be charged at the individual inspection rate nominated in Council's Fees and Charges Schedule.

Dial Before You Dig

Prior to commencing any works, the applicant is encouraged to contact Dial Before You Dig on 1100 or www.dialbeforeyoudig.com.au for free information on potential underground pipes and cables within the vicinity of the development site.

Telecommunications Act 1997 (Commonwealth)

If you are aware of any works or proposed works which may affect or impact on Telstra’s assets in any way, you are required to contact Telstra’s Network Integrity Team on 1800 810 443.

Asbestos Warning

Should asbestos or asbestos products be encountered during demolition or construction works, you are advised to seek advice and information prior to disturbing this material. It is recommended that a contractor holding an asbestos-handling permit (issued by SafeWork NSW) be engaged to manage the proper handling of this material. Further information regarding the safe handling and removal of asbestos can be found at:

www.environment.nsw.gov.au

www.adfa.org.au

www.safework.nsw.gov.au

Alternatively, telephone the SafeWork NSW on 13 10 50.

NSW Police

NSW Police have requested that the licensee or its representative shall join and be an active participant in the local liquor accord.

 


Hornsby Shire Council

Attachment to Report No. LPP21/22 Page 1

 

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Hornsby Shire Council

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Hornsby Shire Council

Attachment to Report No. LPP21/22 Page 57

 

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Hornsby Shire Council

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Hornsby Shire Council

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LPP Report No. LPP39/22

Local Planning Panel

Date of Meeting: 29/06/2022

 

5        ELECTRONIC - REPORTING DEVELOPMENT APPLICATIONS FOR DETERMINATION BY THE HORNSBY LOCAL PLANNING PANEL OVER 180 DAYS   

 

EXECUTIVE SUMMARY

·              In accordance with the Local Planning Panels Directions - Operational Procedures, Council is required to monitor development applications to be determined by the Panel that may be experiencing unreasonable delays of over 180 days from lodgement.

·              A list of out outstanding development applications in excess of 180 calendar days from lodgement is attached for the Hornsby Local Planning Panel’s advice.

 

RECOMMENDATION

THAT the contents of LPP Report No. LPP39/22 be received and noted.

 

 

 


PURPOSE

The purpose of this report is to advise the Hornsby Local Planning Panel of development applications required to be determined by the Panel that are over 180 calendar days from lodgement.

DISCUSSION

In 2019 the NSW Productivity Commission conducted a review of the Independent Planning Commission (IPC). The review recommended several actions to streamline processes to optimise efficiency, output and performance.

The planning panel changes were implemented on 1 August 2020 to incorporate a number of the NSW Productivity Commission ‘s recommendations to the way Local Planning Panels work to make them more efficient and to improve the assessment and determination times of development applications and maintain panel oversight of sensitive and contentious applications.

These changes were made as part of the Planning Acceleration Program to support the State’s immediate and long-term economic recovery from the COVID-19 crisis.

The changes will speed up panel determinations by: 

1.         Reducing the need to conduct public panel meetings for non-contentious matters by applying a ‘10-or-more’ objection trigger for public meetings.

2.         Reducing the amount of modifications going to panels.

3.         Obliging panel chairs to more actively manage development applications (DAs) coming to the panels to reduce panel deferrals and assessment timeframes.

4.         Allowing chairs to bring forward determination on DAs that are experiencing unreasonable delays of over 180 days from lodgement.

5.         Introducing panel performance measures.

The Local Planning Panels Directions - Operational Procedures has been amended to:

·              Require panels to make determinations within two weeks of being provided an assessment report.

·              Require panels to hold a public meeting only where the Development Application has attracted 10 or more unique submissions by way of objection.

·              Allow, at the Chair’s discretion, applicants to attend a briefing, along with council staff, to explain complex matters or present confidential or commercially sensitive material.

·              Oblige panel chairs to work with council to ensure key issues are addressed during assessment in order to minimise deferrals by the panels at determination stage.

·              Require the panels to provide reasons for deferring a decision and set timeframes in which any additional information must be provided in order to finalise the determination.

·              Give panel chairs the ability to require council to report a DA to the panel within four weeks for determination if the application has experienced unreasonable delays in excess of 180 calendar days from lodgement.

In accordance with Point 6 of the Local Planning Panels Directions - Operational Procedures, attached is a list of development applications required to be determined by the Panel that are over 180 calendar days from lodgement.

CONCLUSION

Council is required to monitor development applications to be determined by the Panel that are over 180 calendar days from lodgement.  This report provides advice to the Local Planning Panel on DAs that are experiencing unreasonable delays of over 180 days from lodgement.

RESPONSIBLE OFFICER

The officer responsible for the preparation of this report is the Major Development Manager, Cassandra Williams.

 

 

 

 

 

 

James Farrington

Director - Planning and Compliance

Planning and Compliance Division

 

 

 

 

 

Attachments:

1.

DAs Over 180 days

 

 

 

 

 

 

 

 

File Reference:           F2013/00295-003

Document Number:     D08426233

 

 

 


Hornsby Shire Council

Attachment to Report No. LPP39/22 Page 1

 

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