ASSESSMENT UNIT

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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 26 October 2021

T O S T R IVE F O R BET T E R T H IN G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 1107/2021/HA – FITOUT OF RELOCATED FITNESS CENTRE, 24 HOUR USE OF THE FITNESS CENTRE AND SIGNAGE – LOT 2 DP 1265079, 1-14/70 THE PARKWAY BEAUMONT HILLS

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 19 OCTOBER 2021

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Ben Hawkins Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Paul Osborne Manager – Development Assessment Nicholas Carlton Manager – Forward Planning

Kristine McKenzie Principal Coordinator – Development Assessment APOLOGIES

NIL

CIRCULATED ELECTRONICALLY

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 5 October 2021 be confirmed.

ITEM-2 DA 377/2021/HA - CHILD CARE CENTRE FOR 150 CHILDREN – LOT 13 DP 1241608, No. 146 OLD PITT TOWN ROAD, BOX HILL

PUBLIC NOTIFICATION OF THE DETERMINATION PURSUANT TO ITEM 20(2)(c) AND (d) OF SCHEDULE 1 OF THE ENVIRONMENTAL PLANNING & ASSESSMENT ACT, 1979

DECISION

The Development Application was approved subject to the conditions outlined in the report.

REASONS FOR THE DECISION

• SEPP Growth Centres – Satisfactory.

• SEPP (Educational Establishments and Child Care Centres) 2017 – Satisfactory

• SEPP No. 55 – Remediation of Land - Satisfactory

• Box Hill DCP – Variation.

• Part B Section 6 – Business (Child Care Centre controls) – Variation.

• Part C Section 1 – Parking – Satisfactory.

• Part C Section 3 – Landscaping – Satisfactory.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION Notification letters were issued to adjoining properties over 14 days on two separate occasions.

Eleven submissions were received, two in support of the Development Application. The issues raised in the submissions were addressed in the report.

END MINUTES

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ITEM-2 DA 1107/2021/HA – FITOUT OF RELOCATED FITNESS CENTRE, 24 HOUR USE OF THE FITNESS CENTRE AND SIGNAGE – LOT 2 DP 1265079, 1-14/70 THE PARKWAY BEAUMONT HILLS

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: 26 OCTOBER 2021

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: PRINCIPAL CO-ORDINATOR

CYNTHIA DUGAN

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant Australian Consulting Architects Pty Ltd

Notification 14 days

Number Advised 33 Number of Submissions 3

Zoning B2 Local Centre, SP2 Infrastructure, RE1 Public Recreation and E4 Environmental Living

Site Area 1.594 Hectares List of all relevant s4.15(1)(a)

matters Section 4.15 (EP&A Act) – Satisfactory.

The Hills LEP 2019 – Satisfactory.

State Environmental Planning Policy No 64 – Advertising and Signage – Satisfactory.

State Environmental Planning Policy No 55—Remediation of Land – Satisfactory.

DCP Part B Section 6 – Business – Satisfactory.

DCP Part C Section 1 – Parking – Satisfactory.

Section 7.11/7.12 Contribution: N/A.

Political Donation None Disclosed.

Reason for Referral to DAU 1. Submissions received.

Recommendation Approval subject to conditions.

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EXECUTIVE SUMMARY

The Development Application is for an increase in hours of operation to an approved indoor recreational facility within the basement level of the Beaumont Hills Shopping Centre. The use of a temporary indoor recreational facility was approved for the Stage 1 works under modified parent consent 1952/2017/HA/A for alterations and additions for the Shopping Centre. The approved hours of operation are currently 8am to 8pm, Monday to Sunday.

The proposal seeks consent to amend the approved hours of operation to 24 hours a day, Monday to Sunday. The Development Application also seeks consent for the basic fitout and the instalation of two business identification signs for the indoor recreational facility.

The proposed development complies with all the provisions under LEP 2019 and DCP 2012.

DCP Part B Section 6 – Business requires that the hours of operation within business zones be assessed on merit. An acoustic report and Plan of Management were submitted with the Development Application which demonstrates that the proposed operating hours will not adversely impact upon the amenity of adjoining residential properties subject to the implementation of physical and operational measures to mitigate noise from the proposal.

The application was notified and submissions from three properties were received. The issues raised primarily relate to overlooking impacts to northern neighbours, acoustic impacts, security and access to the basement car park and operational details of the fitness studio and shopping centre. The issues have been considered in the assessment of the application and do not warrant refusal of the application.

The application is recommended for approval, subject to conditions.

BACKGROUND

On 13 November 2007, Development Consent No. 1340/2007/HA was approved at an Ordinary Meeting of Council for a retail shopping centre including a supermarket with a gross leasable floor area (GLFA) of 1800m² and 174 car parking spaces. The approved hours of operation for all shops were restricted to 8am to 8pm, 7 days a week.

On 27 February 2018, Development Consent No. 1952/2017/HA was approved by the Development Assessment Unit for alterations and additions to Beaumont Hills Shopping Centre. This development consent included the use of a gymnasium located within the basement comprising a gross floor area of 524m². Modification application 1952/2017/HA/A was approved on 8 October 2021 for the staged construction of the parent consent and temporary relocation of the fitness centre for Stage 1 of the construction works. Whilst the use of the Stage 1 fitness centre comprising a gross floor area of 495m² is approved under the parent consent (as modified), Condition No. 68 of the Development Consent requires the hours of operation of the gymnasium and shops to be limited to 8am – 8pm Monday to Sunday and Condition No. 6 of the Development Consent requires that a separate Development Application be lodged for the fit out of the approved fitness centre/gymnasium unless allowed otherwise by the provisions of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. In addition, Condition No. 24 in the Development Consent requires the premises to be upgraded to ensure the building is accessible, has suitable facilities and affected parts comply with the Commonwealth Disability (Access to Premises - Buildings) Standard and DP1, DP2, DP8 and FP2.1 of the BCA.

To meet the requirements of the above conditions in the parent development consent, the subject application was lodged for the 24 hour use and basic fitout of the temporarily relocated fitness centre for Stage 1 works. It is noted that Stage 3 of the works will result in the demolition of the subject temporary fitness centre and construction of the fitness centre

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 as per the originally approved location. It is also noted that Development Consent 2129/2018/HA has already been granted by the Development Assessment Unit on 6 November 2018 for the change to hours of operation to 24 hours, 7 days a week for the Stage 3 fitness centre.

PROPOSAL

The Development Application is for the 24 hour use of the temporary relocated fitness centre approved as Stage 1 of the construction works under modified parent consent 1952/2017/HA/A, basic fitout of the relocated fitness centre including toilets and the installation of two business identification signs.

One to two staff members will be on site during the core hours detailed below. Security- controlled access is provided to fitness centre members outside these core hours.

Monday – Thursday: 10am – 7pm Friday: 10am – 2pm

Saturdays: 9am – 1pm Sundays: No staff

The maximum number of patrons in the fitness studio is 20 people at one time. Outside the core hours, the average number or patrons would be 6 people at one time.

Details of the business identification signs are indicated below:

• A flush wall sign (6395mm wide x 450mm) is proposed on the western elevation of the shopping centre above the fitness centre entry.

• A flush wall sign (8925mm wide x 450mm high) is proposed on the northern elevation of the shopping centre.

• No illumination of the signs is proposed.

Separate approval will be obtained for the full internal fitout of the fitness centre.

ISSUES FOR CONSIDERATION

1. Compliance with The Hills Local Environmental Plan 2019 (i) Permissibility

The portion of land that relates to the proposal is zoned B2 Local Centre under The Hills LEP 2019. The proposal is for a change to the hours of operation and fitout for a recreation facility (indoor) which is defined as follows:

Recreational Facility (indoor)

recreation facility (indoor) means a building or place used predominantly for indoor recreation, whether or not operated for the purposes of gain, including a squash court, indoor swimming pool, gymnasium, table tennis centre, health studio, bowling alley, ice rink or any other building or place of a like character used for indoor recreation, but does not include an entertainment facility, a recreation facility (major) or a registered club.

A recreation facility (indoor) is permissible within the B2 Local Centre zone.

(ii) Compliance with The Hills LEP 2019 – Zone Objectives

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 The proposal to the shopping centre including an indoor recreational facility relate to the portion of land that is zoned B2 under The Hills LEP 2019. The objectives of the zone are:

• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

• To encourage employment opportunities in accessible locations

• To maximise public transport patronage and encourage walking and cycling.

The proposal is considered to be consistent with the stated objectives of the zone, in that the proposal will provide for the enhancement of an existing ‘retail premises’ that services the day to day needs of the local community.

The proposal is satisfactory in regard to the objectives of the B2 Local Centre zone.

2. Compliance with The Hills Development Control Plan

The proposal has been assessed against the provisions of The Hills Development Control Plan (THDCP) particularly:-

• Part B Section 6 – Business

• Part C Section 1 – Parking

• Part C Section 3 – Signage

The proposed development achieves compliance with the relevant requirements of the above Development Controls and is considered satisfactory. Compliance with Clause 2.9 Hours of Operation of Part B Section 6 and Part C Section 1 – Parking is discussed below:

(i) Hours of Operation

The DCP requires that the hours of operation be assessed on merit and must take into account the operation of loading docks, waste collection services and the use of cleaning/maintenance vehicles and out of hours. Condition No. 68 in parent consent No.

1952/2017/HA limits the hours of operation as follows:

68. Hours of Operation

The hours of operation being restricted to the following: - General Shopping Centre

Monday to Sunday 8.00am to 8pm Medical Centre

Monday to Sunday 8.00am to 8pm Fitness Centre/Gymnasium

Monday to Sunday 8.00am to 8pm Centre Based Child Care Facility Monday to Friday 7am – 6pm

The proposal seeks consent to amend the approved hours of operation of the fitness centre to 24 hours a day, Monday to Sunday.

The subject proposal seeks consent for a temporary relocated fitness studio to operate 24 hours a day, seven days a week. The location of the temporary fitness studio has been approved under Stage 1 of the construction works under parent consent 1952/2017/HA/A.

At Stage 3 of the construction works under the parent consent, the fitness centre will be demolished and the original approved location of a fitness centre fronting Buller Circuit will

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 be constructed. It is noted that the 24 hour, Monday to Sunday operation of a fitness centre has already been approved at the original location under Development Consent 2129/2018/HA.

An acoustic report was submitted with the Development Application which concludes that noise emissions from the operation of the fitness studio have been assessed against the requirements of the NSW EPA Noise Policy for Industry (2017) and that these emissions are able to achieve all relevant acoustic criteria provided subject to the following noise management and mitigation measures:

• Minimum 10.38mm laminate glazing with acoustic rating of Rw35 is to be installed to all glazed elements of the façade.

• Internal noise level within the fitness centre should not exceed 80dB(A)Leq and is to be a volume controlled by the club manager.

• All openings within the façade are to be kept closed during periods when music is being played within the fitness centre, and between the hours of 10pm – 7am (except where required for egress), which is consistent with the management controls for the centre.

• Toilet exhaust fan (REF1): Line half a metre worth of rigid duct with 50mm thick insulation on the exhaust side.

• The ground floor slab soffit within the car park is to have a noise absorptive treatment (NRC>0.9) installed to the full available extent of the carpark. We note that a layer of Envirospray 300 has already installed to the underside of the slab, with an additional layer proposed to be installed as part of these works. The installation of Envirospray as proposed achieves the nominated acoustic performance requirement.

• There is to be signs at the entry/exit of the premises reminding members avoid loitering to minimise noise when entering/exiting the gym, especially during the hours of 10pm – 7am, which is consistent with the plan of management for the centre.

• Carpark areas outside the fitness centre are not to be used as part of regular gym activities (i.e. training activities are only to be undertaken within the gym tenancy).

A Plan of Management was also submitted with the application that includes measures to ensure acoustic impacts are minimised to adjoining residential properties.

It is considered that subject to conditions, the proposal will operate in a manner that is compatible with adjoining residential land uses and meet the objectives of the control.

(ii) Car Parking

The required minimum car parking provisions under the DCP for gymnasiums/fitness centres is 1 car parking space per 25m² of GFA. The use of the temporary fitness centre comprising a GFA of 495m² has already been approved under the parent development consent (as modified under 1952/2017/HA/A). Parking sufficiency was assessed for each 3 stages of construction works under the approved Modification Application. A summary of the approved parking spaces are detailed in the below table.

DCP requirement and demand as approved

under original development consent:

Provided:

Stage 1

• Existing shopping centre 93 spaces supported as

parking demand for existing Refer total spaces below.

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• Relocated fitness centre (GFA 495m²)

uses under original DA 20 spaces

Total Car Spaces for Stage 1 113 154 Stage 2

• Existing shops

• Relocated fitness centre (GFA 495m²)

• Child Care Centre

93 spaces supported as parking demand for existing uses under original DA

20 spaces

26 spaces approved under original consent

93

20 spaces (8 spaces in basement, 12 at-grade spaces and an additional 7 spaces available in basement outside child care centre hours i.e.

between 7pm – 7am) 26 spaces in basement Total Car Spaces for Stage 2 139 154

Stage 3

Alterations and additions as approved under original consent.

• Existing retail premises

• Medical Centre

• Child Care Centre

• Fitness Centre

• Additional Retail

93 26 26 22 34

Total Car Spaces for Stage 3 201(as per existing

condition 4) 201(as per condition 4)

The following condition is included in Development Consent 1952/2017/HA/A:

4. Provision of Parking Spaces

The development is required to be provided with the following car parking spaces:

Stage 1:

154 off-street car parking spaces including 20 spaces within the basement for the temporary relocated fitness studio.

Stage 2:

154 off-street car parking spaces including 26 spaces in the basement for the child care centre and 20 spaces for the relocated fitness studio (8 spaces in basement, an additional 7 spaces available in basement outside child care centre hours i.e. between 7pm – 7am) and 12 at-grade spaces.

Stage 3:

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201 off-street car parking spaces (including 1 stacked space) comprising 26 spaces for the medical centre, 26 spaces for the centre based child care facility, 22 spaces for the fitness centre and 34 spaces for the additional retail tenancies.

These car parking spaces shall be available for off street parking at all times.

The subject Development Application for the extension of hours of operation and basic fitout does not alter the gross floor area of the approved Stage 1 fitness centre. The parking is as required under the parent Development Consent. Condition No. 10 of the Development Consent reinforces the parking provision required for the approved use. It is noted that the Applicant has indicated that a maximum of 20 patrons will occupy the fitness centre during the core hours of operation and an average of 6 patrons will occupy the fitness centre outside the core hours of operation. Swipe card access will be provided to patrons outside the core hours of operation. The maximum occupancy rate has been conditioned in the Development Consent. Refer Condition No. 11.

3. Compliance with SEPP 64 – Advertising and Signage SEPP 64 – Advertising and Signage states the following:

“A consent authority must not grant development consent to an application to display signage unless the consent authority is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.”

The business identification signage proposed is consistent with the objectives of this Policy and the application satisfies the assessment criteria specified in Schedule 1 as follows:

Schedule 1 - Assessment Criteria

Assessment Criteria Proposal Compliance

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?

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

The proposed business identification signage for the approved relocated temporary fitness studio is considered compatible with the approved retail shopping complex at Beaumont Hills Shopping Village.

The proposed signage satisfies the character considerations of SEPP 64.

Yes

Special areas

Does the proposal detract from the amenity or visual quality of any environmentally sensitive areas, heritage

The site does not adjoin any heritage items nor located in a heritage conservation area, open space areas, waterways. The amenity of the

Yes

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 areas, natural or other

conservation areas, open space areas, waterways, rural landscapes or residential areas?

existing B2 Local Zone and adjoining R3 Medium Density zoned residential area will not be significantly impacted by the signs fronting Buckley Street.

Views and vistas

Does the proposal obscure or compromise important views?

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

Does the proposal respect the viewing rights of other advertisers?

N/A

The signage does not dominate the skyline, nor reduce the quality of existing vistas.

The proposal does not have a detrimental impact on the viewing rights of other advertisers.

N/A

Yes

N/A

Streetscape, setting or landscape

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

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

Does the proposal reduce clutter by rationalising and

simplifying existing advertising?

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

The proposed signage is temporary however is considered to be in scale with the future development on site approved under 1952/2017/HA/A.

The erection of the signage is considered not to detract from the streetscape and is commensurate with the B2 Local zoning of the subject site.

The proposal does not result in clutter on the existing streetscape.

No, the signs are flushed wall signs and do not protrude above buildings.

Yes

Yes Yes

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?

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

The proposed signage is considered satisfactory as it is in keeping with the design of the approved retail shopping complex and landscaped setting.

The proposed signage is not located in close proximity to any important features located on the site and is

Yes

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

respectful to the approved building.

The proposed signage has been designed to be consistent with the commercial nature of the site.

Yes

Illumination

Would illumination result in

unacceptable glare? No illumination is proposed. N/A Safety

Would the proposal reduce the safety for any public road?

Would the proposal reduce the safety for pedestrians or bicyclists?

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

It is considered that the proposal does not reduce safety as specified in SEPP 64 including inhibiting view lines or distracting vehicles and pedestrian utilising the pedestrian crossing.

Yes

In this regard, the Development Application meets the provisions under SEPP 64 – Advertising and Signage.

4. Issues Raised in Submissions

The proposal was notified for 14 days. The issues raised in the submissions are summarised below.

ISSUE/OBJECTION COMMENT

Overlooking/privacy concerns from windows facing residential properties on Buller Circuit. A request was made for screening to be provided for north facing windows.

A condition is recommended that the windows on the northern elevation are to be installed with obscured glazing. Refer to amendments in red under Condition 1. Subject to this condition, no overlooking impacts would result from the development.

Noise from Waste Collection in early hours of the morning breach conditions in original consent. Suggestion that waste collection should remain within the current operating times within the premises and installation of removable bollards across the loading dock.

Waste collection and use of loading dock was conditioned in the original Development Consent 1952/2017/HA to operate between 7am – 8pm Monday to Saturday and 8am – 8pm on Sunday and public holidays (Refer Condition 71). It is noted that Council’s Development Monitoring Team have previously investigated this complaint.

Any matters relating to further breaches of development consent conditions will require referral to Council’s Development Monitoring Team for further investigation and action.

Condition 77 of the parent Development Consent

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1952/2017/HA/A has been added to include the installation of two removable metal bollards at the existing two loading bays under Construction Stage 1. The bollards are to be removed during the hours of operation of the shopping centre for access to loading bays. The bollards are required to be reinstalled after hours to prevent waste collection and loading and unloading activities outside operation hours. The bollards will be managed by Centre Security Team.

Ensure that the Beaumont Hills Parkway walkway - the main health and lifestyle thoroughfare through Beaumont Hills remains open and able to be used

throughout construction. This was agreed to in the previous application.

No change to the accessibility of Beaumont Hills Parkway walkway is proposed under this

application. Condition 1 of the parent

Development Consent 1952/2017/HA/A requires the works to be clear of all easements in

accordance with the 88B Instrument.

Clarity around the gym staffing times.

There is a discrepancy between the times stated in the application and the franchisee brochure.

The Applicant has confirmed that there would be a maximum of two staff members and a minimum of one staff member on site during the core hours as noted below:

Mondays – Thursdays 10am – 7pm Fridays 10am – 2pm

Saturdays 9am – 1pm

There will be no staff on Sundays. Security- controlled access will be provided to fitness centre members after hours and on Sundays.

Ensure that the gates are locked after hours and only accessible through a swipe card. Although this is agreed to in previous application this car park is not locked at night at all and has not been for years.

Gym clientele and secluded areas will only encourage nefarious behaviour in the car park so it is important that it is only available to members after hours in line with development approval.

This was conditioned in the original Development Consent 1952/2017/HA and will be reinforced via condition under the subject development consent.

Refer Condition 27. Any matters relating to breaches of development consent conditions will require referral to Council’s Development

Monitoring Team for further investigation and action.

Confirmation required as to whether the boom gates for the child care centre will be available for all patrons outside the hours of operation of the child care centre. The underground car park should be locked between the hours of 10pm and 7am however needs to be imposed by council.

Condition 82 under the parent consent 1340/2007/HA for the shopping centre requires the basement car park to be closed and secured outside of operating hours between the hours of 10pm – 7am. Swipe card access and infrared sensor on exit is available for patrons of the gym.

This is enforced by the addition of Condition No.

27 of the subject Development Consent.

Any matters relating to breaches of development consent conditions will require referral to Council’s Development Monitoring Team for further investigation and action.

The 24 hour use of the gym is

unreasonable. The gym should only It is considered that subject to conditions requiring the development to operate in accordance with

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operate between the hours of operation of

the shopping centre which is 8am – 8pm. recommendations made in the submitted acoustic report and revised plan of management, the proposal will operate in a manner that is compatible with the existing B2 Local Centre

Business zone and adjoining residential land uses.

The size of the current complex layout will grow considerably which will lead to higher patronage but car parking spaces are being reduced.

The subject application is for the 24 hour use and basic fitout of an approved use and location of a fitness centre. The use and location of the fitness centre was approved under parent Development Consent 1952/2017/HA/A. The subject application does not increase the Gross Floor Area of the approved development. Stage 1 of the works approved under the parent consent will include the temporary relocation of a fitness centre comprising a GFA of 495m² which will be demolished in Stage 3 of the development and replaced with the

previously approved larger fitness centre comprising a GFA of 542m². The car parking spaces to be provided is consistent with that as approved under the original approval.

5. Internal Referrals

The application was referred to following sections of Council:

• Environmental Health

• Traffic

• Fire Safety

• Resource Recovery

No objection was raised to the proposal subject to conditions. Relevant comments have also provided below:

ENVIRONMENTAL HEALTH COMMENTS

Council’s Environmental Health Section has reviewed the acoustic report and noise mitigation measures proposed within the basement car park. Subject to recommended conditions, no objections are raised with regard to Environmental Health.

5. External Referrals

The application was referred to the following External Agencies:

• NSW Police

No objection was raised to the proposal. A condition to address safety impacts from the increased hours of operation of the gymnasium has been recommended in the development consent (refer condition No. 5).

CONCLUSION

The Development Application has been assessed against the relevant heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, SEPP 64 – Advertising and Signage, The Hills Local Environmental Plan 2019 and The Hills Development Control Plan 2012 and is considered satisfactory.

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The issues raised in the submissions have been addressed in the report and do not warrant refusal of the application.

Approval is recommended 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 and ensures a consistent built form is provided with respect to the streetscape and general locality.

RECOMMENDATION

The Development Application be approved subject to the following:

CONDITIONS OF CONSENT GENERAL MATTERS

1. Development in Accordance with Submitted Plans

The development being carried out in accordance with the following approved plans and details, stamped and returned with this consent except where amended by other conditions of consent.

Amendments in red:

• All windows on the northern elevation fronting Buller Circuit are to be installed with obscured glazing.

REFERENCED PLANS AND DOCUMENTS DRAWING

NO. DESCRIPTION SHEET REVISION DATE

A01-02 Site Plan - B 27/08/2021

A02-01 Proposed Basement Plan - B 27/08/2021

A02-02 Reflected Ceiling Plan - B 27/08/2021

A03-01 Sections - B 27/08/2021

A03-02 Elevations - B 27/08/2021

A04-01 External Finishes &

Signage Details - B 27/08/2021

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 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. Compliance with Development Consent No. 1952/2017/HA

Except as otherwise modified by this approval or any other approvals on the subject site, the facility is to operate in accordance with conditions of consent under approval 1952/2017/HA approved on 27 February 2018 and as modified under 1952/2017/HA/A on 8 October 2021.

3. 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.

4. 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.

5. Compliance with NSW Police Force Requirements

The proposed development is to be undertaken in accordance with the requirements of the NSW Police Force dated 20 July 2017 under Development Consent No. 1952/2017/HA. In addition, the following is required for the 24 hour gym:

• Electronic equipment should be used including alarms, motion sensors, lights and door access control. A duress alarm and call station should be in place. Both fixed and portable duress alarms should be situated in the fitness tenancy for members to have access to. If the duress is pressed it should notify a monitoring security company. They can then call the Centre Manager and Emergency Services.

• If lockers or storage areas are used, safe storage facilities are to be utilised. A CCTV is to be installed covering this area.

• Emergency evacuation plans should be implemented and maintained to assist residents and emergency services in the event of an emergency. This plan should be predominantly displayed and Staff should be suitably trained in evacuation procedures.

6. Adherence to Waste Management Plan

All requirements of the Waste Management Plan submitted as part of the Development Application must be implemented except where contrary to other conditions of consent. The information submitted regarding construction and demolition wastes can change provided that the same or a greater level of reuse and recycling is achieved as detailed in the plan.

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. 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.

7. Management of Construction and/ or Demolition Waste

Any waste generated as a result of construction and/ or demolition for the development is to be reused and recycled where possible, and any residual waste is to be disposed of at a licenced waste facility. 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.

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 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. 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.

8. Waste and Recycling Collection Contract

There must be a contract in place with a licenced contractor for the removal and lawful disposal of all waste generated on site. Written evidence of a valid and current collection and disposal 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.

9. Clause 94 Upgrade

Under clause 94 of the Environmental Planning & Assessment Regulation, the following fire safety/Building Code of Australia (BCA) works are to be undertaken with the construction certificate works and are to be completed prior to the issue of the occupation certificate:

i. A review of travel distances to exits and distances between alternative exits is to be undertaken to ensure conditions in any evacuation route will remain tenable

appropriate to DP4 & EP2.2 of the BCA. The review is to also include the existing carpark.

ii. A review of hose reels and hydrants systems is to be undertaken to ensure locations of fire services and system coverage to all parts of the tenancy are sufficient,

appropriate to EP1.1 and EP1.3 of the BCA.

iii. Emergency lighting is to be upgraded to provide a safe level of illumination during an emergency appropriate to EP4.1 of the BCA.

iv. Exit signage is to be upgraded to facilitate evacuation appropriate to EP4.2 of the BCA.

v. Enclosures under existing required non-fire isolated ramps are to be undertaken to ensure the enclosing walls, doors and ceilings have the appropriate elements to restrict fire spread and permit safe egress appropriate to CP2, DP4 & EP2.2 of the BCA.

vi. The premises is to be upgraded to ensure the main entry and affected parts are accessible and have suitable facilities appropriate to DP1, DP2, DP8 and FP2.1 of the BCA.

10. Provision of Parking Spaces

The development is required to be provided with 20 off-street car parking spaces. These car parking spaces shall be available for off street parking at all times.

11. Maximum Number of Staff and Patrons

A maximum of 20 patrons and 2 staff are permitted on site at any one time.

12. Signage

Consent is granted for two business identification signs as shown on the approved plans. A separate application is required for all other signage.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE 13. Acoustic – Mechanical Plant

Prior to the issue of a construction certificate and as per the recommendations contained within the submitted acoustic report an acoustic assessment is to be undertaken of all proposed mechanical plant including the motor for the lower carpark gate. The assessment is to be submitted to Council’s Manager – Environment and Health for review and if

satisfactory, written acceptance.

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The acoustic report is to clearly detail any acoustic attenuation measures to ensure that the operation of the gym mechanical ventilation complies with the project specific criteria of development consent 1952/2017/HA.

PRIOR TO WORK COMMENCING ON THE SITE 14. Management of Building Sites

The erection of suitable fencing or other measures to restrict public access to the site and building works, materials or equipment when the building work is not in progress or the site is otherwise unoccupied.

The erection of a sign, in a prominent position, stating that unauthorised entry to the site is not permitted and giving an after hours contact name and telephone number.

15. Consultation with Service Authorities

Applicants are advised to consult with Telstra, NBN Co and Australia Post regarding the installation of telephone conduits, broadband connections and letterboxes as required.

Unimpeded access must be available to the electricity supply authority, during and after building, to the electricity meters and metering equipment.

16. Sydney Water Building Plan Approval

A building plan approval must be obtained from Sydney Water Tap in™ to ensure that the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval and receipt from Sydney Water Tap in™ (if not already provided) must be submitted to the Principal Certifier upon request prior to works commencing.

Please refer to the website http://www.sydneywater.com.au/tapin/index.htm, Sydney Water Tap in™, or telephone 13 20 92.

DURING CONSTRUCTION 17. Hours of Work

Work on the project to be limited to the following hours: - Monday to Saturday - 7.00am to 5.00pm;

No work to be carried out on Sunday or Public Holidays.

The builder/contractor shall be responsible to instruct and control sub-contractors regarding the hours of work.

18. Critical Stage Inspections and Inspections Nominated by the Principal Certifier Section 6.6 of the Environmental Planning and Assessment Act 1979 requires critical stage inspections to be carried out for building work as prescribed by Clause 162A of the Environmental Planning and Assessment Regulation 2000. Prior to allowing building works to commence the Principal Certifier must give notice of these inspections pursuant to Clause 103A of the Environmental Planning and Assessment Regulation 2000.

An Occupation Certificate cannot be issued and the building may not be able to be used or occupied where any mandatory critical stage inspection or other inspection required by the Principal Certifier is not carried out. Inspections can only be carried out by the Principal Certifier unless agreed to by the Principal Certifier beforehand and subject to that person being a registered certifier.

19. Acoustic Requirements

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 As per the acoustic report prepared by Acoustic Logic, referred to as 70 The Parkway, Beaumont Hills NSW Noise Impact Assessment 24/7 Gymnasium Tenancy and dated 26^th November 2020, the existing ground floor slab soffit and new concrete slab is to be fitted with 50mm think polyester fibre acoustic insulation to an Acoustic Engineers details. Should there be any inconsistencies with the BCA or other regulations then an alternative method of compliance is to be provided to Council’s Manager – Environment and Health prior to said works commencing.

In addition, during the construction of the gym and prior to any occupation certificate being issued, the automatic basement gates are to be designed/upgraded to prevent any rattle or other noise and ensure that they are soft open/close to prevent noise from the operation of these gates. Written certification is to be provided.

PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE 20. Acoustic – Certification

Prior to the issue of any occupation certificate a suitably qualified acoustic consultant is to undertake a site inspection to check that the required acoustic attenuation measures have been installed and will ensure that the noise levels detailed in the accepted acoustic report will be achieved.

A report (including photographs) is to be prepared and submitted to Council’s Manager – Environment and Health for review and if satisfactory written acceptance will be provided.

21. Section 73 Certificate must be submitted to the Principal Certifier before the issuing of an Occupation Certificate

A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation.

Make early application for the certificate, as there may be water and sewer pipes to be built and this can take some time. This can also impact on other services and building, driveway or landscape design.

Application must be made through an authorised Water Servicing Coordinator. For help either visit www.sydneywater.com.au > Building and developing > Developing your land >

water Servicing Coordinator or telephone 13 20 92.

The Section 73 Certificate must be submitted to the Principal Certifier before occupation of the development/release of the plan of subdivision.

22. Pedestrian Access and Movement

All pedestrian access paths and ramps are to comply with the requirements of the Disability Discrimination Act 1992 and Disability (Access to Premises – Building) Standards including AS 1428.1 Design for Access and Mobility.

THE USE OF THE SITE 23. Hours of Operation

The hours of operation being restricted to the following: - Fitness Centre/Gymnasium

• 24 hours Monday to Sunday

Any alteration to the above hours of operation will require the further approval of Council.

24. Offensive Noise - Acoustic Report

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 The use of the premises and/or machinery equipment installed must not create offensive noise so as to interfere with the amenity of the neighbouring properties.

Should an offensive noise complaint be received and verified by Council staff, an acoustic assessment is to be undertaken (by an appropriately qualified consultant) and an acoustic report is to be submitted to Council’s Manager – Environment and Health for review. Any noise attenuation measures directed by Council’s Manager - Environment and Health must be implemented.

25. Access / Entry door

The entry door to the gym is to be kept closed when not in use for entry / exit purposes.

26. External areas – no training

External areas to the gym including the carparks, driveways, nature strips and foot paths are prohibited from being used for any training, fitness or promotional purposes.

27. Basement Carpark Access

The basement gates are to be timed to automatically close and be locked to the general public at 10pm and reopen at 7am. Access to the basement carpark is to be provided to members of the gym by a swipe card access control system, or similar.

28. Closed-circuit television

A minimum of 3 new closed-circuit television systems are to be installed prior to any occupation certificate being issued.

All CCTV systems are to be maintained in operable condition whilst the 24/7 gym occupies the site.

29. Acoustic – Plan of Management

The Snap Fitness 24-7 Plan of Management for Beaumont Hills is to be fully implemented.

The plan is also to be amended to include: complaints received in regards to noise from members, their cars or car sound systems using the gym after hours will be investigated and the offenders will be advised and warned to take action to minimise noise. A procedure is to be developed to deal with repeat offenders.

The Plan of Management is to be reviewed yearly and any amendment which impacts the protection of the residents from noise is to be referred to Council for acceptance. A copy of the Plan of Management is to be maintained at the club and be provided when requested by Council staff.

30. Acoustic – Maintenance

All accepted acoustic attenuation measures installed as part of this consent are to be

maintained at all times, in a manner that is consistent with the accepted acoustic reports, this consent and so that the acoustic attenuation effectiveness is maintained. This includes but is not limited to:

1. Any mechanical plant barriers.

2. The acoustic insulation to the underside of the slab within the basement.

3. The soft close automatic basement gates.

31. Music Use

No music is to be played at the premises when staff are not present on the premises.

32. Final Acoustic Report

Within three months from the issue of an Occupation Certificate, an acoustical compliance assessment is to be carried out by an appropriately qualified person, in accordance with the NSW EPA's - Industrial Noise Policy and submitted to Council’s Manager - Environment and Health for consideration.

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 This report should include but not be limited to, details verifying that the noise control measures as recommended in the acoustic report submitted with the application are effective in attenuating noise to an acceptable noise level and that the activities does not give rise to “offensive noise” as defined under the Protection of the Environment Operation Act 1997.

33. Waste and Recycling Management

To ensure the adequate storage and collection of waste from the use of the premises, all garbage and recyclable materials emanating from the premises must be stored in the developments existing designated waste storage area, 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. Waste storage areas must be kept clean and tidy, bins must be washed regularly, and contaminants must be removed from bins prior to any collection.

34. No Illumination of Signage and Lighting

No illuminated signage or flashing lights are permitted under the subject approval. Any lighting on the site shall be designed so as not to cause a nuisance to the occupants of residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of Obtrusive Effects of Outdoor Lighting.

ATTACHMENTS 1. Locality Plan 2. Aerial Photograph 3. Zoning Map 4. Site Plan 5. Floor Plans 6. Elevations 7. Sections 8. Perspective

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 ATTACHMENT 1 – LOCALITY PLAN

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 ATTACHMENT 2 – AERIAL MAP

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 ATTACHMENT 3 – ZONING MAP

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 ATTACHMENT 4 - SITE PLAN

Approved Use of Stage 1 Fitness Studio under Development

Consent

1952/2017/HA/A

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 ATTACHMENT 5 – FLOOR PLAN

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 ATTACHMENT 6 – ELEVATIONS

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DEVELOPMENT ASSESSMENT UNIT MEETING 26 OCTOBER, 2021 ATTACHMENT 7 – SECTIONS

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ATTACHMENT 8 – PERSPECTIVE