shielded by the hotel, residents to the north / north east are also shielded by neighbouring buildings – based on distance attenuation the acoustic report concludes that the noise generated by these activities will be no louder than the measured background noise level of 34db(A).
Odour
The mechanical ventilation and kitchen layout plans were provided by the applicant as requested. The plans confirm that a BBQ / smoker is proposed to be used (within its own room inside the kitchen) along with its own separate mechanical ventilation system.
The mechanical ventilation proposed includes electrostatic modules with UVC Lamps which is a form of odour control and is generally accepted and used by Charcoal Chicken food premises.
The proposed amendments have generally satisfied the concerns raised and no objection is raised to the proposal subject to recommended conditions of consent.
FIRE SAFETY COMMENTS
Council’s Fire Safety Officer has reviewed the proposed pub and provided recommended conditions of consent
NSW POLICE COMMENTS
The NSW Police have raised concern with the proposed pub on the basis of increasing availability of alcohol within the area, the unavailability of public transport in the short term and negative social impacts. The NSW Police comments are not considered to warrant refusal of the application given the scale of the proposal and mitigation measures proposed to be implemented. The NSW Police have provided requirements, should the application be supported, including provision of CCTV. These security requirements form recommended part of the conditions of consent.
ENGINEERING COMMENTS
The proposal has been reviewed and no objection is raised subject to recommended conditions of consent.
TRAFFIC COMMENTS
A total of 30 off street parking spaces are to be provided comprising 19 within the site and 11 available within the adjoining commercial property at No3 Kenthurst Road. A number of traffic reports have been prepared, two by John Coady Consulting and a third by Terraffic, and submitted in support of the application.
The traffic consultant indicates that the RMS does not specify traffic generation rates for hotels but rather relies upon surveys based on similar existing hotels. The surveys undertaken by the consultant typically have a PM peak hour traffic generation potential of 1.0 vehicle trips per parking space.
Application of the surveyed rate to this development with 30 off street parking spaces, results in a potential peak hour traffic generation of between 23-30 PM peak hour trips assuming an average of 25 trips. Based on RMS traffic generation rates for factory floor space of 1 vehicle trip peak hour (vtph)/100m2 GFA the existing 430m2 factory building would typically generate around 4-5 peak hour trips resulting in an overall potential increase of 20 PM peak hour trips.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 AUGUST, 2017
PAGE 100 Traffic counts undertaken by the consultant indicates that this section of Kenthurst Road sustains around 1,700 PM peak hour trips between the hours 4:15pm to 5:15pm. Whilst the addition of 20 peak hour trips would typically have negligible impact on the operational performance of the surrounding road network or nearby intersections, the consultant has undertaken a SIDRA analysis of the key signalised intersection of Old Northern Road/Kenthurst Road. The analysis shows that 20 additional trips has minimal impact with overall levels of service remaining unaltered at Level of Service C.
Whilst the SIDRA analysis has identified that the overall levels of service remains unchanged, it has highlighted that the right turn into Kenthurst Road from the eastern approach of Old Northern Road during the PM peak currently sustains extensive queuing routinely exceeding 410m, the addition of 20 peak hour trips attributed to the pub only increases this length by 9m to around 419m.
To resolve the existing queue length problem and improve access and intersection performance in the longer term, Council is currently in the process of investigating various options of constructing a road that bypasses the Round Corner precinct.
Access is proposed via a single 7.0m wide combined entry exit driveway on Kenthurst Road directly opposite the Ward Place intersection. Kenthurst Road is currently configured as one northbound and two southbound lanes with a separate right turn lane into Ward Place. There is a central concrete island in Kenthurst Road with a gap to allow the right turn in and out of Ward Place.
As the northbound is a single lane if right turns into the proposed pub were to be permitted a right turning vehicle could potentially block northbound through movements on Kenthurst Road. To overcome this issue the applicant is proposing to restrict movements to left in left out by separating entry and egress movements and constructing a seagull island within the property. The restrictions will be further reinforced through the installation of Left Turn Only and No Right Turn signposting for all entering and exiting vehicles.
These access arrangements will mean that all vehicles approaching from the south and accessing the pub will be required to undertake a U-turn at the roundabout at Maple Street. Similarly due to the proximity of the Ward Place intersection, all vehicles wanting to exit the carpark and head in northerly direction will need to turn right at the Old Northern Road intersection, turn right into Stonlea Court negotiate several carparks then turn left at the shopping centre roundabout on Kenthurst Road. Given the relatively small numbers of vehicles involved the proposed convoluted access arrangements into and out of the proposed pub are not considered excessively onerous or dangerous.
The proposed driveway on Kenthurst Road is suitably located to provide sufficient sight distance compliant with Austroads Guidelines for vehicles entering and exiting the property.
Based on the above comments there are no objections to the proposal in terms of traffic impact.
TREE COMMENTS
The proposal has been reviewed and no objection is raised subject to recommended conditions of consent.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 AUGUST, 2017
PAGE 101 RESOURCE RECOVERY COMMENTS
The proposal has been reviewed and no objection is raised subject to recommended conditions of consent.
CONCLUSION
The Development Application has been assessed against the provisions of Section 79C of the Environmental Planning and Assessment Act, 1979, The Hills Local Environmental Plan 2012 and The Hills Development Control Plan 2012 and is considered satisfactory.
The issues raised in the submissions have been addressed in the body of the report and do not warrant refusal of the application.
The proposal is recommended for approval subject to conditions.
IMPACTS Financial
This matter has no direct financial impact upon Council's adopted budget or forward estimates.
The Hills Future Community Strategic Plan
The proposed development is consistent with the planning principles, vision and objectives outlined within “Hills 2026 – Looking Towards the Future” as the proposed development provides for satisfactory urban growth without adverse environmental or social amenity impacts.
RECOMMENDATION GENERAL MATTERS
1. Development in Accordance with Submitted Plans (as amended)
The development being carried out in accordance with the approved plans and details submitted to Council, as amended in red, stamped and returned with this consent.
The amendments in red include: - The ‘VIP Lounge’ Signage is not approved.
REFERENCED PLANS AND DOCUMENTS
DRAWING NO DESCRIPTION SHEET REVISION DATE
SK 01 Site Plan - 03 05 July 2017
SK 102 Ground Floor Plan - 03 05 July 2017
SK 103 Roof Plan - 03 05 July 2017
SK 200 Elevations - 03 05 July 2017
SK 300 Sections - 03 05 July 2017
SK 301 Sections - 03 05 July 2017
- Kitchen Details - - 29 June 2017
DEVELOPMENT ASSESSMENT UNIT MEETING 15 AUGUST, 2017
PAGE 102
4008-01 Ventilation Details 1 of 6 01 24 June 2017
4008-01 Ventilation Details 2 of 6 02 01 July 2017
4008-01 Ventilation Details 3 of 6 02 01 July 2017
4008-01 Ventilation Details 4 of 6 01 24 June 2017
4008-01 Ventilation Details 5 of 6 01 24 June 2017
4008-01 Ventilation Details 6 of 6 01 24 June 2017
No work (including excavation, land fill or earth reshaping) shall be undertaken prior to the issue of the Construction Certificate, where a Construction Certificate is required.
2. Provision of Parking Spaces
The development is required to be provided with 19 off-street car parking spaces on the subject site and a further 11 parking spaces at No. 3 Kenthurst Road after 6.00pm on weekdays and at all times on weekends. These car parking spaces shall be available for off street parking at all times.
3. Provision of a ten (10) seat mini bus
A bus that able to carry at least 10 passengers and service an area not less than a 5km radius from the site is to be made available for use by patrons, free of charge, during all approved operating times including being available to patrons upon closing each night.
4. Tree Removal
Approval is granted for the removal of one tree as marked for removal in the Landscape Plan prepared by Archebiosis dated 3 August 2017 (Drawing SK700 Issue No.3).
All other trees are to remain and are to be protected during all works. Suitable replacement trees are to be planted upon completion of construction.
5. Planting Requirements
All trees planted as part of the approved landscape plan are to be minimum 75 litre pot size. All shrubs planted as part of the approved landscape plan are to be minimum 200mm pot size. Groundcovers are to be planted at 5/m2.
6. External Finishes
External finishes and colours shall be in accordance with the details submitted with the development application and approved with this consent.
7. Crime prevention through environmental design (CPTED) Requirements Compliance with the following requirements:
(i) Obtainment of the required liquor licence from the Office of Liquor Gaming and Racing (OLGR) prior to the commencement of trade.
(ii) The licensee of the premises must maintain a closed-circuit television (CCTV) on the premises as follows:
The system must continuously record form opening time until one hour after the premises are required to close, the recordings must be in digital format and at a minimum of 6 frames per second, any recorded image must specify the time and date of the recorded image;
The systems cameras must cover all entry and exit points on the premises, the footpath immediately adjacent to the premises, all publically accessible areas (other than toilets) on the premises, and all usable car parking areas within the wider complex and the loading dock area; and
DEVELOPMENT ASSESSMENT UNIT MEETING 15 AUGUST, 2017
PAGE 103
All recordings made by the CCTV system must be kept for 30 days, and the system must be accessible by at least one member of staff at all times that it is in operation, and the licensee must provide any recordings made by the system to a Police Officer or inspector from the Office of Liquor Gaming and Racing (OLGR) within 24 hours of any request.
(iii) An Incident Register will be maintained at the premises and be readily available for inspection at any time the premises are trading by NSW Police and the OLGR. The Incident Register shall record the occurrence, at any time of the day of (a) any incident involving violence or anti-social behaviour occurring on the licensed premises, (b) any incident of which the licensee is aware that involves violence or anti-social behaviour occurring in the immediate vicinity of the licensed premises and that involves a person who has recently left, or been refused admission to the premises, (c) any incident that results in a person being turned out of the licensed premises under Section 77, (d) any other incident of a kind prescribed by the Liquor Regulation 2008 with regard to requirements for the maintenance of an Incident Register, (e) any third party disturbance complaint received by the Hotel in relation to the premises (f) any malfunction of breath analysis equipment, CCTV or noise limitation equipment, and the action taken in relation to such matters.
(iv) Breath analysis equipment in compliance with the Australian Standard AS 3547- 1997 Breath Alcohol Testing Devices for Personal Use, shall be installed in a prominent position within the premises and available for use by staff and patrons. This equipment shall be fully operational at all times.
(v) From 6:00pm until close on every Friday and Saturday, Christmas Eve and New Year’s Eve, the licensee will engage one (1) staff member whose role and function will be that of a Responsible Service of Alcohol (RSA) Marshall.
The Marshall must undertake supervisory duties as follows (a) Monitoring responsible service of alcohol practices by staff members who are selling, supplying or servicing alcohol, (b) Engaging with those staff, and with patrons on the premises, for the purposes of encouraging responsible attitudes and practices in relation to the promotion, sale, supply, service and consumption of liquor, (c) Monitoring alcohol consumption by patrons and their behaviour for signals of irresponsible, rapid or excessive consumption of alcohol and for signs of intoxication, (d) Intervening at an early stage to assist in the prevention of intoxication and anti-social behaviour, and (e) Assisting in the resolution of disputes arising on the premises between patrons.
(vi) From 6:00pm until close on every Friday and Saturday, Christmas Eve and New Year’s Eve, a minimum of one(1) uniformed licensed security personnel are to be on duty to patrol the entrance and the internal areas of the licensed premises.
(vii) The premises must be operated at all times in accordance with the Plan of Management.
(viii) The licensee will not permit alcoholic beverages to be taken from the premises in open receptacles.
Any reference above made to the licensee or liquor licence does not in any way prejudice the liquor licence application process.
DEVELOPMENT ASSESSMENT UNIT MEETING 15 AUGUST, 2017
PAGE 104 8. Separate application for other signs
A separate application is required to be submitted to, and approved by Council prior to the erection of any advertisements or advertising structures other than the sign(s) approved in this consent. The “VIP Lounge” signage shown on the plans is not approved.
9. Directional Signage to Public Carpark
Directional signage is to be placed within the subject sites’ car park close to the exit to identify the public parking area location and a direct route to access it for patrons.
Details of the signage are to be submitted to and approved by Council’s Manager Development Assessment prior to use of the premises.
10. Construction Certificate
Prior to construction of the approved development, it is necessary to obtain a Construction Certificate. A Construction Certificate may be issued by Council or an Accredited Certifier. Plans submitted with the Construction Certificate are to be amended to incorporate the conditions of the Development Consent.
11. Building Work to be in Accordance with BCA
All building work must be carried out in accordance with the provisions of the Building Code of Australia.
12. Demolition Notification
Both Council and any adjoining properties must be notified in writing five days before demolition works commence.
13. Grease Trap (food premises)
Sydney Water shall be contacted with regards to grease trap requirements.
14. Management of Construction and Demolition Waste
Waste materials must be appropriately stored and secured within a designated waste area onsite at all times, prior to its reuse onsite or being sent offsite. This includes waste materials such as paper and containers which must not litter the site or leave the site onto neighbouring public or private property. A separate dedicated bin must be provided onsite by the builder for the disposal of waste materials such as paper, containers and food scraps generated by all workers. Building waste containers are not permitted to be placed on public property at any time unless a separate application is approved by Council to locate a building waste container in a public place.
Any material moved offsite is to be transported in accordance with the requirements of the Protection of the Environment Operations Act 1997 and only to a place that can lawfully be used as a waste facility. The separation and recycling of the following waste materials is required: metals, timber, masonry products and clean waste plasterboard.
This can be achieved by source separation onsite, that is, a bin for metal waste, a bin for timber, a bin for bricks and so on. Alternatively, mixed waste may be stored in one or more bins and sent to a waste contractor or transfer/sorting station that will sort the waste on their premises for recycling. Receipts of all waste/recycling tipping must be kept onsite at all times and produced in a legible form to any authorised officer of the Council who asks to see them.
Transporters of asbestos waste (of any load over 100kg of asbestos waste or 10 square metres or more of asbestos sheeting) must provide information to the NSW EPA regarding the movement of waste using their WasteLocate online reporting tool www.wastelocate.epa.nsw.gov.au.
15. Disposal of Surplus Excavated Material
The disposal of surplus excavated material, other than to a licenced waste facility, is not permitted without the previous written approval of Council prior to works commencing on site. Any unauthorized disposal of waste, which includes excavated material, is a breach of the Protection of the Environment Operations Act 1997 and subject to substantial penalties. Receipts of all waste/ recycling tipping must be kept onsite at all
DEVELOPMENT ASSESSMENT UNIT MEETING 15 AUGUST, 2017
PAGE 105 times and produced in a legible form to any authorised officer of the Council who asks to see them.
16. Construction of Bin Area
All work involving construction of the bin area must comply with the requirements of Council’s ‘Commercial/Industrial Waste Storage Area Specifications’. The document is available on Council’s website. Alternatively, contact Council’s Resource Recovery Team for a copy.
17. Waste and Recycling Collection Contract
There must be a contract with a licenced contractor for the removal of all waste generated on site. Written evidence of a valid and current collection contract must be held on site at all times and produced in a legible form to any authorised officer of the Council who asks to see it.
18. Road Opening Permit
Should the subdivision/ development necessitate the installation or upgrading of utility services or any other works on Council land beyond the immediate road frontage of the development site and these works are not covered by a Construction Certificate issued by Council under this consent then a separate road opening permit must be applied for and the works inspected by Council’s Maintenance Services team.
The contractor is responsible for instructing sub-contractors or service authority providers of this requirement. Contact Council’s Construction Engineer if it is unclear whether a separate road opening permit is required.
19. Protection of Public Infrastructure
Council must be notified of any damage to public infrastructure caused by the development. Adequate protection must be provided prior to work commencing and maintained during building operations. Any damage caused must be made good, to the satisfaction of Council, before an Occupation Certificate can be issued. Public infrastructure includes the road pavement, kerb and gutter, concrete footpaths, drainage structures, utilities and landscaping fronting the site.
20. Vehicular Access and Parking
The formation, surfacing and drainage of all driveways, parking modules, circulation roadways and ramps are required, with their design and construction complying with:
AS/ NZS 2890.1
AS/ NZS 2890.6
AS 2890.2
DCP Part C Section 1 – Parking
Council’s Driveway Specifications
Where conflict exists the Australian Standard must be used.
The following must be provided:
All driveways and car parking areas must be prominently and permanently line marked, signposted and maintained to ensure entry and exit is in a forward direction at all times and that parking and traffic circulation is appropriately controlled.
All driveways and car parking areas must be separated from landscaped areas by a low level concrete kerb or wall.
All driveways and car parking areas must be concrete or bitumen. The design must consider the largest design service vehicle expected to enter the site.
All driveways and car parking areas must be graded, collected and drained by pits and pipes to a suitable point of legal discharge.