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DEVELOPMENT

ASSESSMENT UNIT

Tuesday, 11 December 2018

T O S T R I V E F O R B E T T E R T H I N G S

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DEVELOPMENT ASSESSMENT UNIT MEETING 11 DECEMBER, 2018

ITEM SUBJECT PAGE

ITEM-1 CONFIRMATION OF MINUTES 3

ITEM-2 DA 658/2019/HA - CHANGE OF OPERATNG HOURS FOR GLENORIE BAKERY - LOT 1 DP 706726, GLENORIE SHOPPING CENTRE, 930 OLD NORTHERN ROAD, GLENORIE

6

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DEVELOPMENT ASSESSMENT UNIT MEETING 11 DECEMBER, 2018

PAGE 3 MINUTES OF THE DEVELOPMENT ASSESSMENT UNIT MEETING HELD AT THE HILLS SHIRE COUNCIL ON TUESDAY, 13 NOVEMBER 2018

PRESENT

Cameron McKenzie Group Manager – Development & Compliance (Chair) Paul Osborne Manager – Development Assessment

Andrew Brooks Manager – Subdivision & Development Certification Angelo Berios Manager – Environment & Health

Craig Woods Manager – Regulatory Services Stewart Seale Manager – Forward Planning Kristine McKenzie Principal Executive Planner

APOLOGIES Nil

TIME OF COMMENCEMENT 8:30am

TIME OF COMPLETION 8:53am

ITEM-1 CONFIRMATION OF MINUTES

RESOLUTION

The Minutes of the Development Assessment Unit Meeting of Council held on 6 November 2018 be confirmed.

ITEM-2 DA 1055/2018/ZA - INTEGRATED HOUSING DEVELOPMENT AND SUBDIVISION CREATING TWO RESIDENTIAL LOTS/ DWELLINGS - LOT 21 DP 270304, 19 ADEY PLACE, CASTLE 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 application be approved subject to conditions as set out in the report.

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DEVELOPMENT ASSESSMENT UNIT MEETING 11 DECEMBER, 2018

PAGE 4 REASONS FOR THE DECISION

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

 The Hills Local Environmental Plan 2012 – Satisfactory.

 SEPP 55 – Remediation of Land.

 SEPP (Building Sustainability Index BASIX) 2004 – Satisfactory.

 SREP (Sydney Harbour Catchment) 2005 – Satisfactory.

 The Hills Development Control Plan 2012 – Part B Section 2 – Residential – Variations see report.

 Section 7.12 Contribution - $20,500.00

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and eight (8) submissions were received.

PU

ITEM-3 DA 334/2015/HA/A - SECTION 4.55 (1A) MODIFICATION TO AN APPROVED INTENSIVE PLANT AGRICULTURE BUSINESS - LOT 1 DP 511852 NO. 71 PITT TOWN ROAD KENTHURST

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 Section 4.55(1A) application be approved subject to the following:

1. Condition No. 35 to be deleted and replaced as follows:

‘35. Hours of Operation

The hours of operation being restricted to the following: - Monday to Saturday: 7:00am to 5:00pm

With emergency access for watering and shading of plants (in the event of extreme weather conditions including when the temperature exceeds 33degrees celcius) on Sundays and / or Public Holidays

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

REASONS FOR THE DECISION

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

 Section 4.55(1A) (EP&A Act) – Satisfactory.

 The Hills LEP 2012 – Satisfactory.

 DCP Part B Section 1 – Rural – Satisfactory.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION The development application was notified and three (3) submissions were received.

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PAGE 5 ITEM-4 DA 279/2019/ZE - SUBDIVISION AND DEVELOPMENT CREATING TWO RESIDENTIAL LOTS AND ONE TWO STOREY DWELLING INCLUDING DEMOLITION - LOT 1 DP 261543, 7 FARMRIDGE WAY, GLENHAVEN

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 application be approved subject to conditions as set out in the report.

REASONS FOR THE DECISION

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

 The Hills Local Environmental Plan 2012 – Satisfactory.

 SEPP 55 – Remediation of Land – Satisfactory.

 SREP 20 – Hawkesbury-Nepean River (No. 2 – 1997) – Satisfactory.

 The Hills Development Control Plan 2012 – Part B Section 2 – Residential – Variations sought.

 Section 7.12 Contribution - $6,824.40 – Condition 17.

HOW COMMUNITY VIEWS WERE TAKEN INTO ACCOUNT IN MAKING THE DECISION

The development application was notified and three (3) submissions were received.

END MINUTES

END MINUTES

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DEVELOPMENT ASSESSMENT UNIT MEETING 11 DECEMBER, 2018

PAGE 6 ITEM-2 DA 658/2019/HA - CHANGE OF OPERATNG HOURS FOR GLENORIE BAKERY - LOT 1 DP 706726, GLENORIE SHOPPING CENTRE, 930 OLD NORTHERN ROAD, GLENORIE

THEME: Balanced Urban Growth OUTCOME:

STRATEGY:

7 Responsible planning facilitates a desirable living environment and meets growth targets

7.2 Manage new and existing development with a robust framework of policies, plans and processes that is in accordance with community needs and expectations

MEETING DATE:

11 DECEMBER 2018

DEVELOPMENT ASSESSMENT UNIT

AUTHOR: DEVELOPMENT ASSESSMENT CO-ORDINATOR ROBERT BUCKHAM

RESPONSIBLE OFFICER: MANAGER – DEVELOPMENT ASSESSMENT PAUL OSBORNE

Applicant R Pirina

Owner I, P, C and C Pirina Exhibition / Notification 14 days

Number Advised 24 Number of Submissions 7

Zoning B1 Neighbourhood Centre

Site Area 5,046m2

List of all relevant s4.15(1)(a) matters

Section 4.15 (EP&A Act) – Satisfactory The Hills LEP 2012 – Satisfactory.

DCP Part B Section 6 – Business – Satisfactory.

Political Donation None Disclosed Reason for Referral to DAU Submissions received.

Recommendation Approval subject to conditions

EXECUTIVE SUMMARY

The Development Application seeks to extend the approved hours of operation of the bakery. The bakery has approved hours of 7.00am to 6.00pm Monday to Sunday. The extended hours or operation proposed are as follows:

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 6am to 10:30pm Monday to Wednesday;

 6am to 12 midnight – Thursday to Saturday;

 6am to 10pm – Sunday; and

 Consent to trade to midnight on 6 occasions per year to reflect some occasional one- off operations from the premises such as State of Origin. Specific dates will vary year by year however the acoustic criteria is satisfied up until midnight.

A modification to the original bakery application to extend the hours as proposed in this application was previously lodged by the applicant. More than 10 submissions were received to that application and it was therefore considered by the Local Planning Panel on 17 October 2018. The Panel refused the application only for the reason that it was not considered to be substantially the same development as originally approved. The Panel determined that:

“The development as proposed to be modified is generally acceptable on the merits subject to the conditions contained in the Council Officer’s report, including a two year trial period, however the Panel is not satisfied that the development as proposed to be modified is substantially the same development as that original approved. This could be remedied with the lodgement of a new development application.”

It should be noted that the previous application originally sought approval for hours of operation from 6am to midnight - Monday to Saturday, and 6am to 11pm – Sunday. Council staff wrote to the Applicant and recommended that consideration should be given to reducing the proposed hours of operation given the character of the locality. The operating hours were reduced to the current proposed hours which are considered more appropriate for the locality.

This application was notified and objections from 5 properties and the Glenorie Progress Association were received. One submission was received in support of the application. The issues raised primarily relate to noise, actual use of the premises and anti-social behaviour.

As outlined in the previous report, given that the use may have detrimental impacts on neighbours unless specific restrictions are followed in relation to the use, there is an opportunity to evaluate the extended hours of operation after a period of time. A two year period is considered reasonable as there are no upfront costs on the operator associated with the increased hours of operation.

The application is recommended for approval subject to conditions and a two year “sunset”

clause which will provides an opportunity for a further application and further consideration of amenity impacts.

BACKGROUND

Development Application 2181/2005/HD granted consent for fitout works and occupation of two existing shops (Shop 4 and 5) within the ‘Glenorie Shopping Village’ for the purpose of a bakery. Subsequent additional development consents were granted under Development Application 830/2010/HA and 1540/2014/HA for alterations and additions to the bakery. The hours of operation associated with the premises is linked to the parent consent Development Application 2181/2005/HD which restricts operating hours to 7am to 6pm - Monday to Sunday. A modification application was approved in 2016 to allow an increase the patron capacity for the bakery premises from 150 patrons to 300 patrons.

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PAGE 8 A modification application 2181/2005/HD/A to the original bakery application to extend the hours as proposed in this application was previously lodged by the applicant. More than 10 submissions were received to that application and it was therefore considered by the Local Planning Panel on 17 October 2018. The Panel refused the application only for the reason that it was not considered to be substantially the same development as originally approved.

The Panel determined that:

“The development as proposed to be modified is generally acceptable on the merits subject to the conditions contained in the Council Officer’s report, including a two year trial period, however the Panel is not satisfied that the development as proposed to be modified is substantially the same development as that original approved. This could be remedied with the lodgement of a new development application.”

PROPOSAL

The Development Application seeks extend the approved hours of operation of the bakery.

The bakery has approved hours of operation from 7.00am to 6.00pm Monday to Sunday.

The proposed to extended hours of operation as follows:

 6am to 10:30pm Monday to Wednesday;

 6am to 12 midnight – Thursday to Saturday;

 6am to 10pm – Sunday; and

 Consent to trade to midnight on 6 occasions per year to reflect some occasional one off operations from the premises such as Stage of Origin. Specific dates will vary year by year however as the acoustic criteria is satisfied up until midnight the one-off events are suitable.

The applicant has undertaken an acoustic assessment which requires a number of measures to mitigate potential noise impacts including limitations on patrons within the outdoor area limited to a maximum of 60 people during evening and night time periods when alcohol is being served and limitation on amplified music equipment outputs.

The application also seeks a condition that provides for the amendment of the parent application to permit the hours above as requested.

ISSUES FOR CONSIDERATION

1. Compliance with The Hills Local Environmental Plan 2012 (i) Permissibility

The site is zoned B1 Neighbourhood Centre. The proposal as amended is best defined as a restaurant or cafe and a take away food and drink premises.

restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided.

take away food and drink premises means premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises.

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PAGE 9 Council staff previously raised concern with the Applicant as to whether the subject application had the potential for the use to change to a use that could be best defined as a pub. The LEP defines a pub as:

“licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises”.

The Applicant indicated that the use of the premises is not a pub as the operation focuses on the preparation and sale of food on the site, noting that whilst the premises is licensed it is an on-premise authorisation and is ancillary to the sale of food on the site, the sale of alcohol is not the principal purpose associated with the bakery café.

Although it is agreed that some elements of the proposal appear similar to a pub, it is agreed that the primary use remains a bakery café.

(ii) Compliance with The Hills LEP 2012 – Zone Objectives

The site is zoned B1 Neighbourhood Centre. The objectives of the zone are:

B1 Neighbourhood Centre Zone Objectives

To provide a range of small-scale retail, business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

To ensure the scale and type of development is compatible with the character and amenity of a neighbourhood centre.

To allow for residential development that contributes to the economic and social vitality of the neighbourhood centre and does not detract from the primary objective of the zone.

To promote commercial activities in locations that encourage walking and cycling to and from the neighbourhood centre.

The proposal is considered to be consistent with the stated objectives of the zone, in that the proposal will provide a use, that provided it complies with the recommended conditions of consent, will remain of a scale that is compatible with the character and amenity of a neighbourhood centre.

As outlined in this report, the use may have detrimental impacts on neighbours unless strict criteria are followed in relation to the use. As such there should be an opportunity to evaluate the extended hours of operation after a period of time. A two year period is considered reasonable as there are no upfront costs on the operator associated with the increased days of trade.

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. The proposed development achieves compliance with the relevant requirements of the above Development Controls.

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PAGE 10 3. Amenity Issues

The increase in the intensity of the premises has the potential to detrimentally impact on the amenity of the adjoining residents and the rural village character of the locality.

To ensure that the amenity of the adjoining neighbours is not impacted, a number of mitigating measures are recommended to be imposed to ensure that the business is operated in a satisfactory manner. These measures require the staff of the premises to control patrons within the outdoor area, to a maximum of 60 people during evening and night time periods when alcohol is being served and a limitation on amplified music equipment outputs.

It is recommended that a two year “sunset” clause which will provide an opportunity for a further application and consideration of amenity impacts. The onus will be on the Applicant to demonstrate that the premises can be operated without impacting surrounding residents.

A two year period is considered reasonable as there are no upfront costs on the operator associated with the increased days of trade.

4. Issues Raised in Submissions

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

ISSUE/OBJECTION COMMENT

The proposed hours of operation are excessive for this locality.

The previous application originally sought approval for hours of operation from 6am to midnight - Monday to Saturday, and 6am to 11pm – Sunday. The modification is proposed to amend the existing hours of operation as follows:

6am to 10:30pm Monday to Wednesday;

6am to 12 midnight – Thursday to Saturday;

6am to 10pm – Sunday; and

Consent to trade to midnight on 6 occasions per year to reflect some occasional one off operations from the premises such as State of Origin. Specific dates will vary year by year however as the acoustic criteria is satisfied up until midnight the one off events are suitable.

The hours of operation are considered acceptable subject to mitigation measures being employed. However, given that the use may have detrimental impacts on neighbours unless strict criteria are followed in relation to the use there should be an opportunity to evaluate the extended hours of operation after a period of time. A two year period is considered reasonable as there are no upfront costs on the operator associated with the increased hours of operation.

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ISSUE/OBJECTION COMMENT

The hours of operation indicate that the premises will operate as a bar/pub.

It is considered that the primary use of the premises will remain as a bakery café.

The extended hours of the bakery are not consistent with the current business. The shop currently caters well for the local and tourist trade as a bakery/eatery and fulfils a service to the Glenorie community. However, the extended hours are purely to create a “night club”

atmosphere and drinking hub which is completely out of character with the surrounding residential area.

The merits and impacts of the extended hours of operation are outlined in this report. As outlined above, subject to mitigation measures being employed, the hours of operation are considered acceptable. However, given that the use may have detrimental impacts on neighbours unless strict criteria are followed in relation to the use there should be an opportunity to evaluate the extended hours of operation after a period of time. A two year period is considered reasonable as there are no upfront costs on the operator associated with the increased hours of operation.

It is unacceptable to expect local families to have to close up their homes and install double glazed windows in order to get children to bed and sleep themselves.

The majority of residents need to be up early for work. Why should the lifestyle of the majority be disadvantaged to allow one Glenorie resident, (who does not reside in the nearby residential area) to gain financially?

To ensure that the use of the premises occur with the required mitigation measures to ensure that the amenity of residents is not impacted, a two year “sunset” clause will provide an opportunity for a further application and further consideration of amenity impacts to ensure compliance is achieved.

The community generally supports amended more reasonable extended hours of operation, as follows:

6am to 9:30pm - Sunday to Wednesday;

6am to 10.30pm – Thursday;

6am to 12.00am – Friday to Saturday

The suggested hours are not sought by the applicant. The hours sought are considered reasonable subject to mitigation measures and a two year trial period.

There is already an RSL (only 100 metres away) that caters for those that would like to eat a meal and consume alcohol.

Glenorie doesn't need another licensed venue that operates until midnight almost every night of the week.

The proximity of other similar uses cannot be used as a reason for refusal of the subject application.

Our small village does not need extra hours for alcohol consumption. We have the Glenorie RSL and Woolworths bottle Shop. If the need is there then it can be taken home.

As above.

Crime rates are currently low in Glenorie.

There will be intoxicated patrons drifting on to the street and ultimately destroying our decent way of life.

The operator is required to adhere to the requirements of the Office of Liquor and Gaming in accordance with their existing liquor licence.

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ISSUE/OBJECTION COMMENT

There is also a major parking problem and the fact that there would be a large number of "out of Glenorie" visitors, Old Northern Road would become a nightmare when these people were driving home and becoming a danger on the road to other innocent drivers.

There is no change to the patron numbers approved for the premises. Patrons’ driving while intoxicated is a matter for the Police.

There is a lack of public transport for those having consumed too much alcohol to drive. The Taxi service is expensive and unreliable at best.

The lack of public transport is acknowledged.

As outlined above, patrons’ driving while intoxicated is a matter for the Police.

If the application is approved, the Applicant will make an application to the Independent Liquor & Gaming Authority (ILGA) for the previously applied for Primary Service Authorisation (PSA) so as patrons can consume alcohol without the provision of a meal, and in theory trading as a bar, as well as make a further application to the (ILGA), for an Extended Trading Authorisation, which is a requirement pursuant to the Liquor Act, 2007 for the premises to trade after the standard On-Premises trading hours of a Sunday of 10am to 10pm.

Council staff previously objected to an application made by the Applicant for Primary Service Authorisation as the use of the premises would change to a use not approved, and prohibited in the zone. Council will be consulted should any future applications be made.

It is a requirement of the ILGA that any application for a Change of Liquor Licence Condition (Trading Hours), Extended Trading Authorisation, and Primary Service Authorisation have attached a copy of a Development Consent which approves the trading hours as are being requested by the Applicant. Without the approval of the approved Development Consent by Council, the application in most cases will be refused.

It is agreed that the liquor licence application needs to be consistent with the approved hours of operation of a development consent.

We reside within a 100m radius of the proposed bar/licenced premises and are already adversely affected by the noise.

We can clearly hear music from the singers on the outside ‘Glenorie Green’

every Sunday plus public holidays and have, on occasion, had to ring them to turn the volume down. We are forced to close our back doors and windows and the volume varies with each week and each musical performer. The singer’s

The following measures are required to mitigate noise impacts with the extended hours of

operation:

 PA system(s) for background music is to be adjusted to have a total output of SPL 56dBA at the boundary.

 During live entertainment, the following measures are recommended:

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ISSUE/OBJECTION COMMENT

podium is located outside the bakery building, right on the street corner. We can even hear the indoor musical clock every hour during the day!

- No subwoofers for any live entertainment.

- Speaker output should not increase SPL of 80 dBA at 1m from the speaker.

- Amplified live music not to be conducted after 9:00pm.

 External capacity of the development limited to a maximum of 60 people during evening and night time periods when alcohol is being served.

The subject measures will ensure compliance with the relevant acoustic criteria.

We note that in the Acoustic Report that:

Attended measurements were undertaken on the evening of 15 December 2017. As we are not experts in this field we are not able to understand why readings would be taken on a Friday evening when the venue is closed.

The noise measurements are background measurements undertaken to determine a baseline noise level to determine the impact of the proposed use. It is appropriate that these are undertaken when the premises is not operating.

During the 2017 State of Origin season the blue floodlights were left on all night for the entire period of many months. It necessitated having to close all blinds and doors at the rear of our house so we could sleep. Others also commented on the distraction of the lights when driving past. Lights blaring from a licenced venue at these extended hours would certainly impact on our way of life and sleep patterns.

A condition is recommended to ensure that any lighting on the site shall be designed so as not to cause a nuisance to other 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. Refer Condition No. 8.

The proposal will result in a further drain on public resources including Council’s compliance staff, NSW Police and NSW Ambulance.

The mitigation measures put in place by the recommended conditions of consent of this application and conditions imposed on any future liquor licence are appropriate to mitigate concerns raised by residents. It cannot be considered that the applicant will not comply. Should to development be carried out in a complaint manner, the requirement for public authorities to visit the site is considered low.

5. Internal Referrals

Council’s Environmental Health Coordinator has reviewed the acoustic report and notes that the report predicts that the noise levels for the proposed activity will exceed the acoustic criteria at one sensitive receiver during the evening and night assessment time periods unless the recommendations contained within the report are complied with.

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PAGE 14 The recommendations of the acoustic report have been included as conditions as well as a requirement for an acoustic report to verify compliance with the acoustic conditions.

6. External Referrals - NSW Police

Given that there are no changes between the proposed hours in the previous modification application and the subject application the proposal was not re-referred to the Police.

The Police response to the amended hours of operation was that the “Police do not have major concerns” (refer Attachment 5).

CONCLUSION

The Application has been assessed against the heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act, 1979, LEP 2012 and The Hills Development Control Plan and is considered satisfactory.

The issues raised in the submissions have been addressed in this report and do not warrant refusal or further amendment to 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:

GENERAL MATTERS 1. Hours of Operation

The hours of operation being restricted to the following: -

 6am to 10:30pm Monday to Wednesday;

 6am to 12 midnight – Thursday to Saturday;

 6am to 10pm – Sunday; and

 Consent to trade to midnight on 6 occasions per year to reflect some occasional one off operations from the premises such as Stage of Origin. Specific dates will vary year by year however as the acoustic criteria is satisfied up until midnight the one off events are suitable.

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PAGE 15 Any alteration to the above hours of operation will require the further approval of Council.

The approved hours of operation relate to Shop 4 and 5 for Glenorie Bakery No. 930 Old Northern Road Glenorie and related consents 2181/2005/HD, 830/2010/HA and 1540/2014/HA and subsequent modifications.

2. Limited to Two (2) Years Consent

This consent is limited to two (2) years from the endorsed date of consent. Should it be intended to continue the development in excess of the two (2) year period, the applicant is required to lodge a Section 4.55(1A) modification application with Council, prior to the expiration of the two (2) year period. Any such request will be considered having regard to the performance of the development over the two (2) year period. Should no application be lodged the development will revert to the operational conditions of Development Consent 2181/2015/HD being 7.00am to 6.00pm Monday to Sunday.

3. Notification to Council

The operator shall notify and advise Council of the additional six (6) trading occasions to midnight no less than fourteen (14) days prior to this occurring.

4. Operation of the Premises and Log

The use of the premises is permitted to trade to midnight on 6 other occasions per year A log is to be kept of the six additional occasions. The log is to be submitted to Council upon request.

5. Noise criteria

The LA10 (15 minutes), noise level emitted from the licenced premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 07:00am and 12:00 midnight at the boundary of any affected residence.

The LA10 (15 minutes), noise level emitted from the licenced premises shall not exceed the background noise level in any Octave Band Centre Frequency (31.5Hz – 8kHz inclusive) by more than 5dB between 12:00 midnight and 07:00am at the boundary of any affected residence.

Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12:00 midnight and 07:00am and between 10pm and 7am, the noise level at the property boundary (that is, the property subject of this consent) at any location shall not exceed LAeq, 15 min 56 dB(A).

The requirements relating to offensive noise in the Protection of the Environment Operations Act 1997 also apply.

6. Acoustic compliance report

Within 18 months from the date of the consent an acoustic report shall be submitted to the Manager – Environment & Health which presents the findings of acoustic readings taken from at least:

 two Saturday nights trading between 8pm and midnight; and

 two ‘additional trading occasions’ referred to in condition 3, between 8pm and midnight.

The report shall determine compliance with this acoustic conditions within this consent.

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PAGE 16 7. Noise controls

a) No subwoofers are to be used for any live entertainment.

b) The Sound Pressure Level (SPL) from any speaker shall not exceed 80 dB(A) at 1 metre from the speaker.

c) Amplified live music shall not be conducted after 9:00pm.

d) The capacity of the outdoor area shall be limited to a maximum of 60 people after 6:00pm when alcohol is being served.

8. Lighting

Any lighting on the site shall be designed so as not to cause a nuisance to other 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. Development Consent DA 2181/2005/HD 4. Approved Site Plan DA 1540/2014/HA/A 5. NSW Police Comments

6. Report to the Local Planning Panel, 17 October 2018

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PAGE 17 ATTACHMENT 1 – LOCALITY PLAN

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PAGE 18 ATTACHMENT 2 – AERIAL PHOTOGRAPH

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PAGE 19 ATTACHMENT 3 – DEVELOPMENT CONSENT 2181/2005/HD

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PAGE 27 ATTACHMENT 4 – APPROVED SITE PLAN - DA 1540/2014/HA

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PAGE 28 ATTACHMENT 5 – NSW POLICE COMMENTS

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