To ensure the adequate storage and collection of waste from the occupation of the premises, all garbage and recyclable materials emanating from the premises must be stored in the designated waste storage area(s), which must include provision for the storage of all waste generated on the premises between collections. Arrangement must be in place in all areas of the development for the separation of recyclable materials from garbage. All waste storage areas must be screened from view from any adjoining residential property or public place. Waste storage area(s) must be kept clean and tidy, bins must be washed regularly, and contaminants must be removed from bins prior to any collection.
ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Site Plan
4. Elevations (South and East) 5. Elevations (North and West) 6. Landscape Plan
7. Stormwater Plan 8. Subdivision Plan 9. Perspective
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ATTACHMENT 1 – LOCALITY PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ATTACHMENT 2 – AERIAL PHOTOGRAPH
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ATTACHMENT 3 – SITE PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ATTACHMENT 4 – ELEVATIONS (SOUTH AND EAST)
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ATTACHMENT 5 – ELEVATIONS (NORTH AND WEST)
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ATTACHMENT 6 – LANDSCAPE PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ATTACHMENT 7 – STORMWATER PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ATTACHMENT 8 – SUBDIVISION PLAN
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ATTACHMENT 9 – PERSPECTIVE
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 ITEM-3 DA 1405/2021/HA - EXTENSION TO OPERATING HOURS
(24 HOUR OPERATION) TO AN EXISTING FAST FOOD RESTAURANT - LOT 2 DP 285955, 1/1 RESOLUTION PLACE, ROUSE HILL
THEME: Shaping Growth
OUTCOME: 5 Well planned and liveable neighbourhoods that meets growth targets and maintains amenity.
STRATEGY: 5.1 The Shire’s natural and built environment is well managed through strategic land use and urban planning that reflects our values and aspirations.
MEETING DATE: 27 JULY 2021
DEVELOPMENT ASSESSMENT UNIT
AUTHOR: SENIOR TOWN PLANNER
JAMES GIBBESON
RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE
Applicant McDonald’s Australia Ltd (Rouse Hill)
Notification 14 days
Number Advised 35 Number of Submissions Four
Zoning B6 Enterprise Corridor
Site Area 1,283m2
List of all relevant s4.15(1)(a)
matters Section 4.15 (EP&A Act) – Satisfactory.
The Hills LEP 2019 – Satisfactory.
DCP Part B Section 6 – Business – Satisfactory.
Political Donation None Disclosed
Reason for Referral to DAU Four submissions received.
Recommendation Approval subject to conditions
EXECUTIVE SUMMARY
The Development Application is for the extension to the hours of operation for the existing McDonalds restaurant on the site. The proposal seeks approval for the extension of trading hours to 24 hour operation, 7 days a week which is to include the existing internal and drive- through operation. The existing approved hours are 6am-12am Monday to Thursday. It is
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 also noted that under the Environmental Planning and Assessment (Covid-19 Development – Extended Operation) Order 2020 (NSW) the premises has been operating 24 hours Friday to Sunday.
The subject site is located on land zoned B6 Enterprise Corridor.
The proposal complies with all relevant development standards under LEP 2019 and the relevant controls under the DCP. An assessment of the hours of operation has been undertaken in accordance with clause 2.9 of the Hills DCP Part B Section 6 – Business and deemed satisfactory.
The application was notified and submissions from four properties were received. The issues raised primarily relate to noise from patrons visiting late at night, waste disposed within the public domain and on private property, increased traffic, safety and anti-social behaviour within the carpark and on the surrounding street network.
The application is recommended for approval subject to conditions of consent.
BACKGROUND
On 17 January 2002 a ‘Deferred Commencement’ consent issued by Council’s Development Assessment Unit for the erection of a restaurant/fast food development comprising a black stump restaurant, KFC fast food restaurant, Burger King fast food restaurant, generic restaurant, and associated carparking under DA 226/2002/HC. An operational consent was issued on 20 August 2003.
Modification Application 226/2002/HC/A approved on 3 June 2004 for the fast food/restaurant development which in part allowed the replacement of a KFC restaurant with a Hungry Jacks restaurant, and the replacement of a generic restaurant with a Red Rooster restaurant.
On 7 June 2005 approval was granted by Council’s Development Assessment Unit for a Section 96(2) Modification to an approved fast food/restaurant development which included the replacement of the approved Black Stump restaurant with a McDonalds drive-through restaurant (DA 226/2002/HC/C). The proposal included the extension to the hours of operation to 6am to 12 midnight seven (7) days per week. Condition no. 7 of the consent was amended as follows:
7. Hours of Operation
The trading hours of the restaurant & fast food restaurant operations shall be restricted to the following:
Hungry Jacks Restaurant 6.00 am to 12 midnight seven days McDonalds Restaurant 6.00am to 12.00 midnight seven days Red Rooster Restaurant 6.00 am to 12 midnight, seven days Any alteration to the approved hours of operation will require separate approval of Council.
Development Application 2038/2005/HA was approved on 23 July 2005 under delegated authority for the erection of signage for the McDonalds restaurant. No further amendment to the hours of operation was proposed.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021 On 1 September 2008 Development Application 125/2009/HA for internal and external building modifications around the drive-through lane window to allow for improved service and the accommodation of additional equipment was approved under delegated authority.
No further amendment to the hours of operation was proposed.
On 25 March 2020, The Environmental Planning and Assessment (Covid-19 Development – Extended Operation) Order 2020 (NSW) (‘The EPA Order”) was issued under the Environmental Planning and Assessment Act expires on 25 March 2021, pursuant to the EPA Regulation and the EPA Amendment Regulation. The EPA Order has the effect of extending the operating hours of specified businesses to any time. The Order, which applies only to retail premises, grants consent to extend operating hours of retail premises to any time, if such retail premises:
1. Are subject of a pre-existing development consent;
2. Comply with the conditions of the pre-existing consent, except those restricts hours of trade or operation;
3. Take steps to reduce noise when operating outside hours of trading or operations as provided by the pre-existing consent.
Clause 5 of the EPA Order specifies that such development is exclusive to “retail premises”
which as defined as ‘a building or place used for the purpose of selling items by retail, or hiring or displaying items for the purpose of selling them or hiring them out’ and includes
‘food and drink premises’ under the group term. The McDonald's restaurant have utilised this Order to explore extended trading hours outside of their current approval, including trading 24 hours across Friday-Sunday, since 19 July 2020.
On 25 March 2021, the NSW Government extended the prescribed period for the temporary planning measures until 31 March 2022.
PROPOSAL
The development application seeks approval for 24 hour 7 days a week operation for the existing use, including the internal operation and drive-through operation.
The approved hours of operation for the McDonalds restaurant on the site under condition No. 7 of Development Consent 226/2002/HA (as amended under Modification Application 226/2002/HA/C) is as follows:
7. Hours of Operation
The trading hours of the restaurant & fast food restaurant operations shall be restricted to the following:
Hungry Jacks Restaurant 6.00 am to 12 midnight seven days a week McDonalds Restaurant 6.00am to 12.00 midnight seven days a week Red Rooster Restaurant 6.00 am to 12 midnight, seven days a week
Any alteration to the approved hours of operation will require separate approval of Council.
The McDonalds food and drink premises on the site are currently operating from 6am-12am Monday to Thursday in accordance with the above condition of consent and 24 hour operation Friday to Sunday under the Environmental Planning and Assessment (Covid-19 Development – Extended Operation) Order 2020 (NSW). The order as currently extended is to expire on 31 March 2022.
DEVELOPMENT ASSESSMENT UNIT MEETING 27 JULY, 2021
ISSUES FOR CONSIDERATION
1. Compliance with The Hills Local Environmental Plan 2019