Cumberland Local Planning Panel Meeting
13 July 2022
Minutes of the Cumberland Local Planning Panel Meeting held via Electronic Determination on Wednesday 13 July 2022.
Elizabeth Kinkade (Chairperson), Wayne Carter, Dennis Loether and Irene Simms.
Daniel Anderson, Esra Calim, Harinee De Silva, Michael Lawani, Harley Pearman, Jai Shankar, Sarah Sheehan, Roy Wong and Lyndall Thompson.
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The meeting opened at 11:12am |
ACKNOWLEDGEMENT OF COUNTRY
There were no declarations of interest.
APOLOGIES:
There were no apologies.
The meeting terminated at 3:11pm.
Signed:
Elizabeth Kinkade, Chairperson
ATTACHMENT 1
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Development Application Under the Environmental Planning and Assessment Act, 1979 |
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CONDITIONS OF CONSENT
General Conditions
1. DAGCA01- General
This consent shall lapse five years after the date from which it operates unless building, engineering or construction work has physically commenced.
(Reason: Advisory)
2. DAGCA02 - Approved Plans and Supporting Documents
The development must be carried out in accordance with the following endorsed plans and documents, except as otherwise provided by the conditions of this consent.
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Reference/Dwg No |
Title/Description |
Prepared By |
Date/s |
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Cover Page |
IDA Design Group |
15/12/2021 |
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DWG Number 05 Job 28773 (Excluding the LED sign as shown at the street corner) |
Streetscape |
IDA Design Group |
15/12/2021 |
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DWG Number 09 Job 28773 |
Proposed Plan - Ground Floor |
IDA Design Group |
15/12/2021 |
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DWG Number 10 Job 28773 Excluding the LED sign as shown at the street corner) |
Proposed Plan - First Floor |
IDA Design Group |
15/12/2021 |
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DWG Number 11 Job 28773 Excluding the LED sign as shown at the street corner) |
Proposed Plan - Second Floor |
IDA Design Group |
15/12/2021 |
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DWG Number 12 Job 28773 |
Proposed Plan - Roof top |
IDA Design Group |
15/12/2021 |
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DWG Number 13 Excluding the LED sign as shown at the street corner) Job 28773 |
Elevations |
IDA Design Group |
15/12/2021 |
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DWG Number 14 Job 28773 Excluding the LED sign as shown at the street corner) |
3D Model and Material Finishes |
IDA Design Group |
15/12/2021 |
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DWG Number 16 Job 28773 |
Sections |
IDA Design Group |
15/12/2021 |
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Sheet 1 of 1 |
Hydraulic and Sediment Control Plan |
MM Farah Civil / Structural Pty Ltd |
20/10/2021 |
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Waste Management |
Saad Constructions Pty Ltd |
9/5/2022 |
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Ref Number 21403 Issue A |
Access Report |
Vista Access Architects |
20/11/2021 |
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Rev 2 |
Plan of Management |
Specialist Town Planning Services |
May 2022 |
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Report R210753R1 |
Noise Impact Assessment |
Rodney Stevens Acoustics |
11 May 2022 |
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J4742 |
Heritage Impact Statement |
Weir Phillips Heritage and Planning |
November 2021 |
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D/2022/ 319009 |
Correspondence |
Cumberland Police Area Command |
30 March 2022 |
(Reason: To confirm and clarify the details of the approval)
3. DAGCA11 - No Approval for the Use of the Building/Tenancy
No approval is given or implied for the use of the office suites on Levels 1 and 2. Separate development consent is required for the fitout of each office suite on Levels 1 and 2.
(Reason: Information)
4. DAGCZ01 - Food Premises Development Application
A separate development application shall be submitted to Cumberland City Council for any areas associated with retail food or beverage sales associated with the Royal Hotel Granville. The details of those areas must comply with Standard 3.2.3 of the Australian and New Zealand Food Standards Code under the Food Act 2003 and AS 4674 - 2004 Design, Construction and Fitout of Food Premises.
This will include:
· The ground floor restaurant and eatery.
· Any new kitchen to be installed within the premises to service the new restaurant or eatery.
· The fitout and use of the terrace area on Level 3 for the sale of food and associated functions.
Note: Copies of AS 4674-2004 may be obtained from the Standards Australia Customer Service by visiting the website www.standards.com.au. Copies of the Food Standards Code (Australia) may be obtained by visiting the website www.foodstandards.gov.au <http://www.foodstandards.gov.au>.
(Reason: To ensure the food premises fitout complies with relevant food safety legislation and standards).
5. DAGCZ02 - Surface Runoff
Allowances shall be made for surface runoff from adjacent properties, and to retain existing surface flow path systems through the site. Any redirection or treatment of these flows shall not adversely affect any other property.
(Reason: to prevent adverse impact on adjoining properties.)
6. DAGCZ03 - Sediment Control
Temporary measures shall be provided in accordance with the NSW Department of Housing, Managing Urban Stormwater, Soils and Construction Manual dated March 2004 and regularly maintained during demolition, excavation and construction to prevent sediment and polluted waters discharging from the site.
(Reason: to ensure sediment and erosion controls are maintained during the construction process to prevent water pollution from occurring.)
Conditions which must be satisfied prior to the commencement of demolition of any building or structure
7. DAOCZ01 - Signage size and illumination
The size of the LED sign situated at the street corner on the façade of the building shall not exceed dimensions of 1.28 metres x 669 mm which is consistent with the approved sign approved under Development Consent 2013/193 issued by Parramatta City Council on Friday 6 September 2013.
To achieve this, the current unapproved LED sign situated at the corner of the building facing Russell Street and South Street shall be removed and be replaced with a smaller LED sign that matches the stated dimensions above.
The work shall be complied with prior to the issue of the Occupation Certificate.
Signage must not flash or have any moving parts.
(Reason: To ensure compliance with approved plans and environmental amenity.)
8. DAPDA01 - Heritage - Submission of Photographic Survey
Prior to the commencement of demolition of or alterations to the heritage item, a photographic survey must be submitted to Council. The photographic survey shall be prepared in accordance with the guidelines "Photographic Recording of Heritage Items Using Film or Digital Capture" published by the NSW Heritage Office.
(Reason: To provide an accurate record of the building)
9. DAPDB02 - Demolition - General
Notice in writing is to be given to Council within two working days (i.e. Monday to Friday exclusive of public holidays) prior to the commencement of any demolition work. Such written notice is to include:
· The date when demolition will commence;
· Details of the name, address and business hours contact telephone number of the demolisher, contractor or developer;
· A copy of the notification issued to adjoining residents including the date the notice was delivered;
· The licence number of the demolisher;
· Relevant SafeWork licences, and
· Copies of the demolisher’s current public liability/risk insurance policy indicating a minimum cover of $10,000,000.00.
· Demolition work is to be carried out in accordance with AS 2601-2001.
· Demolition works are restricted as follows:
· Monday to Friday inclusive - 7:00am - 5:00pm
· Saturdays 7:00am - 5:00pm
· Sundays and Public Holidays - No demolition work
Where the development involves the use of jackhammers / rock breakers and the like or other heavy machinery, such equipment may only be used between the hours of 7.00am and 6.00pm Monday to Friday, excluding public holidays.
The developer or demolition contractor must notify Council at least five working days before the commencement of any demolition work. The developer or demolition contractor must notify adjoining residents of the following:
· The date when demolition will commence;
· Details of the name, address and business hours contact telephone number of the demolisher, contractor or developer;
· The telephone number of the SafeWork NSW Hotline.
Demolition work must not commence until Council has inspected the site and is satisfied that all pre-demolition conditions have been satisfied.
Within fourteen days of the completion of demolition works, the applicant must lodge with Council, all original weighbridge receipts issued by the receiving tip as evidence of proper disposal.
(Reason: To ensure compliance with the relevant legislation and to ensure public and work safety)
10. DAPDB03 - Demolition - Asbestos
The developer or demolition contractor must notify Council at least five working days (i.e. Monday to Friday exclusive of public holidays). The developer or demolition contractor must notify adjoining residents prior to the commencement of asbestos removal works. Notification is to include, at a minimum the following:
· The date and time when asbestos removal works will commence;
· The name, address and business hours contact telephone number of the demolisher, contractor and/or developer;
· The full name and licence number of the asbestos removalist/s; and
· The telephone number of SafeWork NSW.
Standard commercially manufactured signs containing the words "DANGER ASBESTOS REMOVAL IN PROGRESS" measuring not less than 400m x 300mm are to be erected in prominent visible positions on the site during asbestos removal works. Barricades to prevent public access and prevent the escape of asbestos fibres must be installed prior to the commencement of asbestos removal works and remain in place until works are completed.
a) Asbestos to be removed by a licensed asbestos removalist.
All demolition and site works involving the removal and disposal of asbestos must only be undertaken by contractors who hold a current SafeWork NSW Class A Licence for friable asbestos removal where applicable or a Class B Licence for non-friable (bonded) asbestos removal. No asbestos products are to be re-used on site and asbestos laden skips/bins must not be left in any public place.
Note: To find a licensed asbestos removalist please visit SafeWork NSW website.
b) Compliance with applicable Legislation, Policies and Codes of Practice.
All asbestos removal works are to be undertaken in accordance with the following:
· Work Health and Safety Act 2011 & Work Health and Safety Regulation 2017;
· ‘Code of Practice on how to safely remove asbestos’ published by Safe Work Australia (dated July 2020).
· Safe Work Australia Code of Practice for the Management and Control of Asbestos in the Workplace [NOHSC:2018 (2005)].
Following completion of asbestos removal works undertaken by a licensed asbestos removalist, re-occupation of a workplace must not occur until an independent and suitably licensed asbestos removalist undertakes a clearance inspection and issues a clearance certificate.
(Reason: To ensure compliance with the relevant legislation and to ensure public and work safety)
11. DAPDB10 - Demolition, Excavation, Construction Noise and Vibration Management Plan
A site specific Noise Management Plan shall be developed and submitted to the Principal Certifying Authority prior to the commencement of any demolition, excavation and construction works on site. The Plan must be prepared by a suitably qualified Acoustic Consultant, being a consultant who holds a current member grade of the Australian Acoustical Society.
The Plan must include but not be limited to the following:
a) Identification of any noise sensitive receivers near to the site;
b) A prediction as to the level of noise and vibration impact, including the likely number of high noise intrusive appliances/equipment likely to affect the nearest noise sensitive receivers;
c) A statement outlining whether or not predicted noise levels will comply with the noise criteria stated in the NSW EPA Interim Construction Noise Guideline (2009). Where resultant site noise levels are likely to be in exceedance of this noise criteria then details of the following must be included in the plan:
i. Duration and frequency of respite periods that will be afforded to the occupiers of neighbouring properties; and
ii. Details of any other noise mitigation measures that will be deployed on site to reduce noise impacts on the occupiers of neighbouring noise sensitive property to a minimum.
d) Confirmation of the level of community consultation that has/is and will be undertaken with the occupiers of the main adjoining noise sensitive properties likely to be most affected by site works and the operation of plant/machinery particularly during demolition and excavation phases;
e) Details of the noise and vibration monitoring that is to be undertaken during works;
f) The type of action will be undertaken following receipt of a complaint concerning offensive noise or vibration, including nomination of a site contact.
(Reason: Environmental and residential protection)
12. DAPDB11 - Hazardous Materials Survey Required
Prior to the commencement of any demolition works on site, a Hazardous Materials Survey Report must be prepared by a suitably qualified person (such as a certified Occupational Hygienist) and submitted to the satisfaction of the Registered Certifier, with a copy provided to Council. The report must identify and record the type, location and extent of any hazardous materials on the site and make recommendations as to the safe management and/or removal to ensure the site is safe for demolition, construction and future use/occupation.
(Reason: To ensure controls are in place for hazardous materials)
13. DAPDB12 - Sediment and Erosion Control measures
Prior to the commencement of works, the following measures are to be implemented on the site to assist with sedimentation control during the construction phase of the project:
a) A sediment-trapping fence using a geotechnical fabric specifically designed for such purpose and installed to manufacturer’s specifications is to be placed in suitable locations below the construction area to reduce impacts on waterways.
b) Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footways or in any other locations, which could lead to the discharge of materials into the stormwater drainage system or waterways.
c) Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway. Stockpiles shall be protected with adequate sediment controls.
d) The installation of gutters, downpipes, and the connection of downpipes to the stormwater disposal system prior to the fixing of the roof cladding.
e) Such measures are to be maintained at all times to the satisfaction of Council and the Principal Certifier. Failure to do so may result in the issue of penalty notices.
(Reason: To minimise/prevent impacts on waterways by minimising soil erosion and sediment leaving the site)
Conditions which must be satisfied prior to the issue of a Construction Certificate
14. DACCA01 - Amendments to Approved Plans
Amended plans/documents shall be submitted to the Council or Registered Certifier prior to the issue of a Construction Certificate addressing the following matters:
a) The internal stair access situated between existing gaming lounge and the new restaurant being removed and replaced with a ramp that is compliant with the Australian Standards and to improve disability access between the pub and restaurant.
(Reason: To confirm and clarify the terms of Council’s approval.)
15. DACCA02 - Application for a Construction Certificate
Construction work must not commence until a Construction Certificate has been obtained from Council or a Registered Certifier.
(Reason: Statutory requirement)
16. DACCA03 - Disabled Access & Facilities
Access and facilities for people with disabilities must be provided in accordance with the relevant requirements of the National Construction Code (for all new building work) and in addition, with the relevant requirements of the ‘Disability (Access to Premises - Building) Standards 2010’. Details of the proposed access, facilities and car parking for people with disabilities are to be included in the plans/specifications submitted with the construction certificate application.
(Reason: To ensure compliance with the requirements of the National Construction Code)
17. DACCA04 - Works within Boundary
No portion of the works are to encroach beyond the boundaries of the subject property. Alternatively, documentary evidence that the owner of the adjoining property has no objection to the required works or access, is to be submitted to the Council or Registered Certifier prior to the issue of a Construction Certificate.
(Reason: To ensure protection of adjoining properties)
18. DACCB01 - Damage Deposit for Council Infrastructure
A damage deposit of $3,080 calculated in accordance with Council's adopted Fees and Charges shall be paid to Council prior to the issue of the Construction Certificate. Council may use part or all of the deposit to carry out rectification work to Council’s infrastructure that was damaged as a result of carrying out development works. Unused portions of the damage deposit can be refunded following the completion the issue of an Occupation Certificate and a written request to release the deposit.
(Reason: To protect Council infrastructure)
19. DACCB04 - Section 7.12 Contribution
Prior to the issue of a Construction Certificate, a monetary contribution imposed under Section 7.12 of the Environmental Planning and Assessment Act 1979 and Cumberland Local Infrastructure Contributions Plan 2020 is to be paid to Council. The amount of contribution is calculated at $26,444. A copy of the Cumberland Local Infrastructure Contributions Plan 2020 can be viewed on Council’s website
(Reason: To retain a level of service for the existing population and to provide the same level of service to the population resulting from new developments)
20. DACCB05 - Fees to be paid to Council
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Types of fees |
Amount |
Payment timing |
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Damage Deposit |
$3,080 |
Prior to issue of CC. |
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Sect. 7.12 Contributions |
$26,444 + CPI |
Prior to issue of CC. |
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TOTAL |
$29,524 + CPI where applicable. |
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Payment of the above fees shall be paid to Council in accordance with timing stipulated above. Please note that other fees and charges may be applicable to the proposal, and the total fees calculated at the time of payment may exceed the figures detailed above. Further, fees to be paid to Council will be determined at the time of payment in accordance with Council’s current adopted Fees and Charges Policy and therefore may exceed the fee amount quoted above.
Note: In the event that the applicant does not apply for refund of bonds, Council will forfeit the bonds and it will be transferred to the Infrastructure Reserve 7 years after the completion of works in accordance with Construction Bonds Management Policy.
(Reason: Statutory requirement and information)
21. DACCB06 - Photographic Record of Council Property - Damage Deposit
Prior to demolition commencing and prior issue of a Construction Certificate, the applicant shall submit to Council a full photographic record of the condition of Council’s assets (i.e. road pavement, kerb and guttering, footway, stormwater drainage, etc.) adjacent to the subject site.
The purpose of the photographic record is to establish any pre-existing damage to Council’s assets to ensure that you are not liable for any re-instatement works associated with that damage. However, if in the opinion of Council, the existing damage has worsened or any new damage arose during the course of demolition or construction work, Council may require either part or full re-instatement of its assets.
Failure to provide a full photographic record described above, is likely to render the applicant liable to rectify all damages unless satisfactory proof can be provided that the damage was pre-existing.
(Reason: Maintain public assets)
22. DACCC06 - Separate Approval for Works in the Public Road (External Works) - Section 138 Roads Act
In accordance with Section 138 of the Roads Act 1993 and prior to the issue of any Construction Certificate, the applicant must submit a Road and Footpath Opening Permit application that is accompanied by detailed plans. Written approval must be obtained from the appropriate road authority under the Roads Act 1993 for any works in the road reserve prior to the commencement of works.
Where the work is likely to have an impact on the operation of an arterial road then a Road Occupancy Licence must be obtained from the relevant road authority. The application should be lodged at least 10 days prior to the planned commencement date.
(Reason: Protection of Public Assets and information)
23. DACCE02 - Construction Management Plan
Prior to the issue of any Construction Certificate, a Construction Management Plan shall be submitted to the Council or Registered Certifier providing details of the following:
a) Actions and works proposed to ensure safe access to and from the site, including how the road and footpath area will be protected from building activities, plant and materials delivery, or static loads from cranes, concrete pumps and the like.
b) The proposed method of loading and unloading excavation machines, building materials, formwork, and the erection of any part of the structure within the site.
c) The proposed areas within the site to be used for a builder's site office and amenities, the storage of excavated material, construction materials and waste containers during the construction period.
d) How it is proposed to ensure that soil/excavated material is not transported on wheels or tracks of vehicles or plant and deposited on surrounding roadways.
e) The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve - the proposed method of support is to be designed by a Chartered Civil Engineer.
f) A Soil and Water Management Plan detailing all sedimentation controls.
(Reason: Safety, amenity and protection of public infrastructure and the environment)
24. DACCE03 - Construction Traffic Management Plan (CTMP)
Prior to the issue of any Construction Certificate, the applicant shall submit and have approved by Council, a detailed construction Traffic Management Plan (TMP). The plan shall demonstrate how construction and delivery vehicles will access the development site during the demolition, excavation and construction phase of the development. The plan shall be certified by a suitably qualified and experienced traffic consultant and all traffic associated with the subject development shall comply with the terms of the approved Construction Traffic Management Plan.
The following matters (at a minimum) must be addressed in the TMP:
a) A detailed description and route map of the proposed truck/construction vehicle access routes.
b) The locations of any proposed Construction Works Zones along the site frontage.
c) Provide a construction schedule.
d) Tradesperson parking (parking shall be provided on-site where possible).
e) Provide relevant Traffic Control Plans (must be certified by a suitably qualified RMS ticket holder).
f) Provide relevant Pedestrian Management Plans.
g) A site plan which indicates site entrances and exits, turning areas within the site for construction and spoil removal vehicles allowing a forward ingress and egress for all construction vehicles on the site (superimposed truck swept path diagrams). Site entrances and exits shall be controlled by a certified traffic controller.
(Reason: Traffic safety and amenity during construction phase)
25. DACCI04 - Site Cranes
Site crane/s and hoist/s proposed within the boundary of the land being developed must comply with all relevant parts of Australian Standards 1418, 2549 and 2550.
Cranes must not swing or hoist over any public place unless approval has been obtained under the Local Government Act 1993.
(Reason: Safety and statutory compliance)
26. DACCJ01 - Detailed Stormwater Drainage System Design
Prior to the issue of the Construction Certificate, a detailed stormwater drainage plan for the safe disposal of stormwater from the site shall be prepared in accordance with Council’s Development Control Plan and relevant policies. The plan shall be submitted and approved by the Council or Registered Certifier.
Should any changes be required to the approved stormwater drainage plan, the amended design shall achieve equivalent performance standards in accordance with Council's Development Control Plan and relevant policies.
Please note that where the proposed design extends within the public road area, separate approval under section 138 of the Roads Act 1993 must be obtained from Council prior to the commencement of works.
(Reason: Stormwater management)
27. DACCJ03 - Certification of the Stormwater Drainage System Design
The proposed stormwater design shall be certified by a suitably qualified person, in accordance with Council’s Development Control Plan and relevant policies and shall be submitted to the Council or Registered Certifier prior to the issue of the Construction Certificate.
Certification of the proposed stormwater design shall be obtained from a qualified practising professional engineer with the Engineers Australia membership and shall be submitted to the Council or Registered Certifier prior to the issue of the Construction Certificate.
(Reason: Adequate stormwater management)
28. DACCK03 - Structural Adequacy of Existing Structure
A Certificate of Structural Adequacy prepared and signed by a qualified practising Structural Engineer in respect of the load carrying capabilities of the existing structure to support the proposed additions shall be submitted to Council or Registered Certifier with the Construction Certificate application.
(Reason: Structural safety)
29. DACCL05 - Compliance with Acoustic Report
Prior to the issue of a Construction Certificate, the construction drawings and construction methodology must be assessed and certified by a suitably qualified Acoustic Consultant to be in accordance with any requirements and recommendations of the approved acoustic report prepared by Rodney Stevens Acoustics (Report R21753R1) dated 11 May 2022.
Note: Suitably qualified Acoustic Consultant means a consultant who holds a current member grade of the Australian Acoustics Society.
(Reason: To ensure appropriate noise attenuation measures are used.)
30. DACCL06- Waste Storage Area
A designated waste and recyclable storage room must be provided on the premises in accordance with the following requirements:
a) The area must be fully enclosed, suitably sized to contain all waste and recyclable material generated by the premises, adequately ventilated and constructed with a concrete floor and concrete or cement rendered walls;
b) The floor must be graded and drain to sewer in accordance with Sydney Water requirements;
c) A hot and cold hose cock shall be provided within the room.
A detailed plan showing the design and location of the waste storage room must be submitted to Council or Registered Certifier prior to the issue of the Construction Certificate.
(Reason: To protect the environment and ensure waste is adequately contained)
31. DACCZ01 - Amended Plan of Management
Prior to the issuing of the Construction Certificate, an amended Plan of Management must be prepared to ensure that it is consistent with the revised acoustic report prepared by Rodney Stevens Acoustics (Report R210753R1) dated 11 May 2022. In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management.
(Reason: To protect residential amenity)
32. DACCZ02 - Updated Waste Management Plan
An amended Waste Management Plan incorporating path of travel from the waste storage area to Russell Street shall be prepared by the applicant and be approved by Council prior to the issue of Construction Certificate.
(Reason: to ensure a satisfactory path of travel for the waste bins on waste collection day.)
Conditions which must be satisfied prior to the commencement of any development work
33. DAPCA01 - Appointment of Principal Certifier
No work shall commence in connection with this Development Consent until:
a) A construction certificate for the building work has been obtained from a Certifier.
b) the person having the benefit of the development consent has:
(i) appointed a principal certifier for the building work, and
(ii) given at least 2 days’ notice to the Council, and the principal certifier if not the Council, of the person's intention to commence the erection of the building, and
c) The principal certifier has, no later than 2 days before the building work commences:
(i) notified the Council of his or her appointment, and
(ii) notified the person having the benefit of the development consent of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
d) The person carrying out the building work has notified the principal certifier that the person will carry out the building work as an owner-builder, if that is the case
e) The person having the benefit of the development consent, if not carrying out the work as an owner-builder, has:
(i) appointed a principal contractor for the building work who must be the holder of a contractor licence if any residential building work is involved, and
(ii) notified the principal certifier of such appointment, and
(iii) unless that person is the principal contractor, notified the principal contractor of any critical stage inspections and other inspections that are to be carried out in respect of the building work, and
(Reason: Statutory requirements)
34. DAPCA03 - Site Safety Fencing
Site fencing to a minimum height of 1.8m shall be erected before the commencement of any work and be maintained throughout the duration of works to exclude public access to the site.
(Reasons: Statutory requirement and health and safety)
35. DAPCA04 - Principal Certifier Sign
Prior to commencement of any work, signage must be erected in a prominent position on the work site that:
· shows the name, address and telephone number of the Principal Certifier;
· shows the name and address of the principal contractor (if any) and a telephone number on which that person may be contacted outside of work hours.
· stating that unauthorised entry to the work site is prohibited.
Any such sign is to be maintained whilst ever the work is being carried out and must be removed when the work has been completed.
(Reason: Statutory requirement)
36. DAPCA05 - Sydney Water Tap in Approvals
The approved plans must be submitted through the Sydney Water ‘Tap in’ portal to determine whether the development application will affect Sydney Water’s sewer and water mains, stormwater drains and/or easements, and if further requirements need to be met. Sydney Water ‘Tap in’ customers will receive an approval receipt. For further details please refer to Sydney Water’s web site at www.sydneywater.com.au/tapin or call1300 082 746.
The Principal Certifier must ensure that the plans have been approved through the Sydney Water ‘Tap in’ process and an approval receipt is issued prior to the commencement of works.
(Reason: Statutory requirement)
37. DAPCA06 - Toilet Amenities for People Working at the Site
Suitable toilet amenities are to be provided at the work site at all times. If a temporary toilet is proposed, it must:-
a) Have a hinged door capable of being fastened from both inside and outside,
b) Be constructed of weatherproof material,
c) Have a rigid and impervious floor; and
d) Have a receptacle for, and supply of, deodorising fluid.
(Reason: To ensure suitable toilet amenities are provided for workers)
Conditions which must be satisfied during any development work
38. DADWA01 - Construction Hours
Construction and all related activities including the delivery of materials to the site may only take place between the hours of 7.00am to 6.00pm Mondays to Fridays and 8.00am to 4.00pm Saturdays. No work is to occur on Sundays and public holidays.
Where the development involves the use of jackhammers / rock breakers and the like or other heavy machinery, such equipment may only be used between the hours of 7.00am and 6.00pm Monday to Friday, excluding public holidays.
Note: Construction hours may also be regulated through State Legislation and Policies, and any works need to comply with these requirements.
(Reason: To minimise impacts on neighbouring properties)
39. DADWA02 - Dust Control
Minor Works
Where applicable, the following are to be satisfied/complied with during demolition, construction and any other site works:
a) Where a dust nuisance is likely to occur, suitable screens and/or barricades shall be erected during the demolition, excavation and building works. If necessary, water sprays shall be used on the site to reduce the emission of dust. Screening shall consist of shade cloth or a similar material at least 2m high and secured to a chain wire fence or in a manner otherwise directed by Cumberland City Council.
b) As and when directed by Council, measures identified below are to be implemented to control the emission of dust:
· Erection and regular maintenance of dust screens around the perimeter of the site for the duration of the work.
· Dust must be suppressed by means of a fine water spray. Water used for dust suppression must not be contaminated or allowed to enter the stormwater system.
· Soil and material stockpiles are to be kept damp or covered.
· Stockpiles of soil or other materials are to be placed away from drainage lines, gutters or stormwater pits or inlets.
· Stockpiles of contaminated soil shall be stored in a secure area and be covered if remaining on site for more than 24 hours.
(Reason: To prevent the movement of dust outside the boundaries of the site)
40. DADWA03 - Site Management
All possible and practical steps shall be taken to prevent nuisance to the occupants of the surrounding neighbourhood from windblown dust, debris, noise and the like during the demolition, excavation and building works.
(Reason: Health and amenity)
41. DADWA05 - Construction Management Plan
All development activities and traffic movements must be carried out in accordance with the approved Construction Management Plan.
A copy of the Plan must be kept on site at all times and made available to the Principle Certifier or Council on request.
(Reason: Compliance with condition of consent)
42. DADWA07 - General Site Requirements during Demolition and Construction
All of the following are to be satisfied/complied with during demolition, construction and any other site works:
a) All demolition is to be carried out in accordance with Australian Standards AS 2601-2001.
b) Demolition must be carried out by a registered demolition contractor.
c) A single entrance is permitted to service the site for demolition and construction.
d) No blasting is to be carried out at any time during construction of the building.
e) Care must be taken during demolition/ excavation/ building/ construction to prevent any damage to adjoining buildings.
f) Adjoining owner property rights and the need for owner's permission must be observed at all times, including the entering onto land for the purpose of undertaking works.
g) Any demolition and excess construction materials are to be recycled wherever practicable.
h) The disposal of construction and demolition waste must be in accordance with the requirements of the Protection of the Environment Operations Act 1997.
i) All waste on the site is to be stored, handled and disposed of in such a manner as to not create air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997. All excavated material should be removed from the site in the approved manner and be disposed of lawfully to a tip or other authorised disposal area.
j) Section 143 of the Protection of the Environment Operations Act 1997 requires waste to be transported to a place which can lawfully accept it. All non-recyclable demolition materials are to be disposed of at an approved waste disposal depot in accordance with legislation.
k) All materials on site or being delivered to the site are to generally be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 must be complied with when placing/stockpiling loose material, disposing of concrete waste, or other activities likely to pollute drains or water courses.
l) Details as to the method and location of disposal of demolition materials (weight dockets, receipts etc.) should be kept on site as evidence of approved methods of disposal and recycling.
m) Any materials stored on site must be stored out of view or in such a manner so as not to cause unsightliness when viewed from nearby lands or roadways.
n) Public footways and roadways adjacent to the site must be fully maintained and cleared of obstructions during construction unless prior separate approval from Council is obtained including payment of relevant fees.
o) Building operations such as brick cutting, washing tools or paint brushes, and mixing mortar shall not be performed on the roadway or public footway or any other locations which could lead to the discharge of materials into the stormwater drainage system.
(Reason: To ensure minimal disruption to the local area and to ensure demolition, building and any other site works are undertaken in accordance with relevant legislation and policy.)
43. DADWA12 - Compliance with the Noise Management Plan
All demolition, excavation and construction works carried out on the site pursuant to this consent must be carried out in accordance with the approved Noise Management Plan.
(Reason: To protect residential amenity)
44. DADWA13 - Compliance with Hazardous Materials Survey Report
All of the recommendations for management and/or removal of hazardous materials on the site, as outlined in the Hazardous Materials Survey Report prepared prior to commencement of demolition works, must be complied with.
Prior to the Occupation Certificate being issued, a clearance certificate must be submitted to the Principal Certifier from a suitably qualified person (such as a certified Occupational Hygienist) confirming that all hazardous materials identified have been contained, managed or removed in accordance with the recommendations given in the Hazardous Materials Survey Report, and that the site is safe for future occupation in accordance with the approved use.
(Reason: To ensure controls are in place for hazardous materials)
45. DADWA14 - Classification of Waste
Prior to the exportation of waste (including fill or soil) from the site, the waste materials must be classified in accordance with the provisions of the Protection of the Environment Operations Act 1997 and the NSW EPA’s Waste Classification Guidelines, Part1: Classifying Waste (2014). The materials must also be transported and disposed of in accordance with the Protection of the Environment Operations Act 1997 and the requirements of their relevant classification.
(Reason: Environmental protection)
46. DADWA17 - Notification of New Contamination Evidence
Any new information which comes to light during site preparation, remediation, demolition or construction works which has the potential to alter previous conclusions about site suitability and contamination must be notified to the Principal Certifier and Council.
Council may require a NSW accredited site auditor to be engaged to review the contamination assessment and remediation/validation process (where applicable). If appropriate, Council may also require a new Remedial Action Plan (RAP) to be prepared and implemented to ensure the site can be made suitable for the approved use in light of the new information.
Where a NSW accredited Site Auditor is engaged in compliance with part (b) above, an occupation certificate must not be issued until a Section A Site Audit Statement has been submitted to Council by the Auditor confirming the site is now suitable for the proposed use.
(Reason: To ensure controls are in place for contamination management)
47. DADWA20 - Road and Footpath Opening Permit
Section 138 of the Roads Act 1993 provides that a person must not carry out a work in, on or over a public road (which includes the verge / footpath area); dig up or disturb the surface; remove or interfere with a structure, work or tree on a public road; or pump water into a road without the consent or the appropriate roads authority Should such work be required within a road for which Council is the roads authority, the applicant is to apply for Road and Footpath Opening Permit. A permit is to be obtained prior to any works within the public road taking place.
Road and Footpath Opening Permits do not include driveways, laybacks and major stormwater drainage construction, which are covered by a separate application process.
(Reason: Maintain public asset)
48. DADWC01 - Obstruction of Road or Footpath
The use of the road or footpath for the storage of any building materials, waste materials, temporary toilets, waste bins or any other matter is not permitted unless approved by Council.
(Reason: Protection of infrastructure, safety & information)
49. DADWC03 - Progress Survey - Major Development (greater than two stories)
In order to ensure compliance with approved plans, a Survey Certificate, prepared to Australian Height Datum, shall be prepared by a Registered Surveyor showing the following:
a) At the completion of excavation, prior to the placement of any footings, showing the completed level of the excavation and its relationship to the boundaries;
b) Prior to placement of concrete, the ground floor level, showing the level of the form work and its relationship to boundaries including relevant footpath and roadway levels;
c) Prior to placement of concrete at each second floor level showing the principal level of the formwork and the intended relationship of the completed works to the boundary;
d) Prior to roofing, or completion of the highest point of the building, showing the anticipated level of the completed work and the relationship to the boundary; and
e) At completion, works showing the relationship of the building to the boundary.
Progress certificates in response to points (a) through to (e) shall be produced to the Council or the Principle Certifier at the time of carrying out relevant progress inspections. Under no circumstances will work be allowed to proceed should such survey information be unavailable or reveals discrepancies between the approved plans and the proposed works.
(Reason: To ensure compliance with approved plans)
50. DADWC06- Air Conditioning Units
Air conditioning units are not to be visible from the street or public place and are not to obscure windows/window frames or architectural features of the building. The air conditioning shall be appropriately noise attenuated, not exceed a background noise of more than 5dba measured from habitable room from adjoining and appropriately screened.
(Reason: To ensure that air conditioning units associated with the development are appropriately located and do not detract from the appearance of the buildings)
51. DADWC16 - Waste Management
Requirements of the approved Waste Management Plan shall be complied with during site preparation and throughout demolition and construction phases of the development.
(Reason: Compliance with approval)
52. DADWZ01 - Protection of heritage assets
The interior of the fitout should where possible, reuse existing walls, doorways and windows within the buildings. The original fabric that should be retained where possible includes mantles, cast iron fireplaces, mouldings, windows and doors.
Original materials that need to be removed including decorative elements, floorboards, bricks should be carefully removed, labelled and be retained as renovation material available for other historic assets.
Details shall be shown in the plans forming part of the Construction Certificate for approval by Council or the Accredited Certifier.
(Reason: To ensure important heritage elements are protected.)
53. DADWZ02 - Conditions Endeavour Energy
The following conditions provided by Endeavour Energy are to be complied with during construction works:
a) All electricity infrastructure shall be regarded as live and care must be taken to not interfere with any part of the electricity network.
b) The construction of any building or structure connected to or in close proximity to the electrical network must be properly earthed.
c) Endeavour Energy’s emergency contact number 131 003 should be included in any relevant risk and safety management plan.
d) Electricity infrastructure shall be designed for safety and environmental compliance consistent with safe design lifecycle principles.
e) The applicants must submit an appropriate application based on the maximum demand for electricity for connection of load to service the building.
f) The building must comply with the minimum safe distances / clearances for the applicable voltage/s of the overhead power lines.
g) Low voltage service conductors and customer connection points must comply with the ‘Service and Installation Rules of NSW’.
h) Street lighting should be reviewed and if necessary upgraded to suit any increase in both vehicular and pedestrian traffic.
i) To ensure an adequate connection, the applicant may need to engage an Accredited Service Provider (ASP) of an appropriate level and class of accreditation to assess the electricity load and the proposed method of supply for the development.
j) An extension and / or augmentation of the existing local network may be required. Whilst there are a number of padmount substations in the area which are likely to have some spare capacity, it is not unlimited and may not be sufficient to facilitate the proposed development. Other factors such as the size and rating / load on the conductors and voltage drop (which can affect the quality of supply particularly with long conductor runs) etc. need to be assessed. However the extent of any works required will not be determined until the final load assessment is completed.
k) The low voltage service conductor and customer connection point must comply with the ‘Service and Installation Rules of NSW’.
l) The minimum required safety clearances and controls for buildings and structures and working near overhead power lines must be maintained at all times. If there is any doubt whatsoever regarding the safety clearances to the overhead power lines, the applicant will need to have the safety clearances assessed by a suitably qualified electrical engineer / Accredited Service Provider (ASP).
m) The applicant shall engage an Electrical Consultant / Accredited Service Provider (ASP) prior to finalising plans to in order to assess and incorporate any required electricity infrastructure.
(Reason: To ensure adequate electricity supply is provided to service the development.)
Conditions which must be satisfied prior to the issue of any Occupation Certificate relating to the use of the building or part
54. DAOCA01 - Occupation Certificate (section 6.9 of the Act)
A person must not commence occupation or use of the whole or any part of a new building or change the use of the whole building or any part of an existing building, unless an Occupation Certificate has been issued in relation to the building or part.
The Principal Certifier is required to be satisfied, amongst other things, that:
a) All required inspections (including each applicable mandatory critical stage inspection) have been carried out; and
b) Any preconditions to the issue of the certificate required by a development consent have been met.
Note: A new building includes an altered portion of, or an extension to, an existing building.
(Reason: Statutory requirement)
55. DAOCA03 - S73 Compliance Certificate
A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained prior to the issue of the Occupation Certificate. Application must be made through Sydney Water or an authorised Water Servicing Coordinator (WSC). An assessment will be made to determine the availability of water and sewer services, which may require extension, adjustment or connection to Sydney Water mains. Please refer to Sydney Water's website to learn more about applying through an authorised WSC or Sydney Water.
(Reason: To meet Sydney Water’s requirements to adequately service the new subdivision with water, wastewater and stormwater facilities).
56. DAOCA04 - Engineers Certificate
A Structural Engineer’s certificate from the supervising structural engineer responsible for the design shall be submitted to the Principle Certifier. This certificate shall state that all foundation works/reinforced concrete/structural members have been carried out/erected in accordance with the Engineer’s requirements and the relevant standards/codes.
(Reason: Structural certification)
57. DAOCB04 - Acoustic Verification Report
Prior to the issue of the Occupation Certificate, a suitably qualified acoustic consultant* must prepare an acoustic verification report to the satisfaction of the Principal Certifier that confirms the following:
a) All recommendations contained in the DA acoustic report prepared by Rodney Stevens Acoustics (Report R210753R1) dated 11 May 2022 have been implemented, and
b) The project specific noise criteria established in the DA acoustic report and any other noise and vibration criteria specified in this consent are being complied with.
*Note: Suitably qualified Acoustic Consultant being a consultant who holds a current member grade of the Australian Acoustical Society.
(Reason: To protect residential amenity.)
58. DAOCB06 - Monitoring of Field Parameters
Results of the monitoring of field parameters such as soil, groundwater, surface water, dust or noise measurements shall be made available to Council on request throughout the remediation and construction works.
(Reason: To ensure Council is informed as to monitoring of field parameters in the event of an incident)
59. DAOCD01 - Fire Safety Certificate
A final Fire Safety Certificate shall be obtained in accordance with Part 11 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021, prior to the issue of the Occupation Certificate for the building.
A copy of the Fire Safety Certificate and fire safety schedule shall be:
1) Forwarded to the Commissioner of the New South Wales Fire Brigade; and
2) Prominently displayed in the building.
(Reason: Fire safety)
60. DAOCG01 - Certification of the Constructed Stormwater Drainage System
The constructed stormwater drainage system shall be certified by a qualified practising professional engineer with the Engineers Australia membership, as being in accordance with Council’s Development Control Plan and relevant policies
(Reason: Adequate stormwater management)
61. DAOCG02 - Noise Limiter
Prior to commencement of use, all sound amplification equipment must comply with the following:
a) All sound amplification equipment and associated noise limiters shall be approved by a suitably qualified acoustic consultant* in accordance with the manufacturer’s specification to ensure that resultant amplified sound complies with the entertainment noise emission criteria set out in this consent and any other relevant criteria identified in the acoustic reports associated with this application.
b) The limiter and all post-limiter equipment including power amplifiers must be tamper proof and only operable by the acoustic consultant and occupier.
Note: Suitably qualified Acoustic Consultant, being a consultant who holds a current member grade of the Australian Acoustical Society.
(Reason: To protect residential amenity.)
62. DAOCH04 - Evidence of Consolidation
The existing allotments shall be consolidated into a single lot. Evidence that the plan of consolidation has been registered must be provided to the Principal Certifier prior to the issue of the Occupation Certificate.
(Reason: Information)
63. DAOCH13 - Australia Post Guidelines
Letter boxes are to be provided for each office occupancy within the development in accordance with the relevant Australia Post Guidelines.
(Reason: To ensure compliance with mail delivery regulations)
64. DAOCZ03 - Road Works
The Applicant shall reinstate all redundant laybacks and vehicular crossings to conventional kerb and gutter, footpath or grassed verge as appropriate with all costs borne by the applicant prior to the issue of any Occupation Certificate. These works shall be carried out by a licensed construction contractor.
(Reason: To preserve Council’s assets and amenity)
65. DAOCZ04 - Amended operational management plan
The Plan of Management submitted by the applicant shall be amended to incorporate the requirements of all the conditions of this consent to ensure consistency between the consent and the Operational Management Plan.
The Plan of Management shall be prepared by the applicant and be approved by the Council prior to the issue of the Occupation Certificate.
(Reason: to ensure the management plan is consistent with all the conditions of the development consent.)
Conditions which must be satisfied during the ongoing use of the development
66. DAOUA06 - Trading Outside the Building
At no time may any signs, sound amplification equipment and the like or goods for sale or display be placed on the public road, public footpath, service land, parking area and driveways, public or private pedestrian walkways, outside the pub or in the immediate vicinity without prior consent of Council.
(Reason: Safety and amenity)
67. DAOUA07 - Deliveries
To minimise noise disturbance for the surrounding area, no deliveries are to occur before 7 am or after 5 pm on weekdays and public holidays to prevent noise disruption to the surrounding area.
(Reason: To control noise impacts.)
68. DAOUA26 - Plan of Management
The use shall be operated and managed in accordance with the Plan of Management, prepared by Specialist Town Planning Services (Rev 2) and dated May 2022.
In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management. The Plan of Management may not be amended without the approval of Council. .
(Reason: To protect residential amenity)
69. DAOUB01 - Annual Fire Safety Statement
An Annual Fire Safety Statement Pursuant to Part 12 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021 shall be issued by or on behalf of the owner of a building to the effect that-
a) each essential fire safety measure specified in the statement has been assessed by an accredited practitioner (fire safety) as capable of performing for an essential fire safety measure specified in the fire safety schedule-to a standard no less than that specified in the schedule, and
b) the building has been inspected by an accredited practitioner (fire safety) and was found, when it was inspected, to be in a condition that did not disclose grounds for a prosecution under Part 15 of the Environmental Planning and Assessment (Development Certification and Fire Safety) Regulation 2021.
The Annual Fire Safety Statement shall be issued within 12 months of the issue of the fire safety certificate, and then on an annual basis.
A copy of the Annual Fire Safety Statement shall also be:
(a) Forwarded to the Commissioner - Fire and Rescue New South Wales; and
(b) Prominently displayed in the building.
(Reason: Fire safety)
70. DAOUC14 - General Noise Emission Criteria
a) Cumulative noise from the development must not exceed any required project amenity/intrusiveness noise level or maximum noise level as determined in accordance with relevant requirements of the NSW EPA Noise Policy for Industry 2017 (NPfI).
b) Background noise monitoring for the purpose of ensuring compliance with the NPfI must be carried out in accordance with the long-term methodology in Fact Sheet B of the NPfI.
c) An LAeq,15 minute (noise level) emitted from the development must not exceed the LA90, 15 minute (background noise level) by more than 3dB when assessed inside any habitable room of any affected residence or noise sensitive commercial premises at any time. Further:
ii. The noise level and the background noise level shall both be measured with all external doors and windows of the affected residence closed.
iii. Background noise measurements must not include noise from the development but may include noise from necessary ventilation at the affected premise.
d) Consideration must be given to any annoying characteristics of the noise in accordance with Fact Sheet C of the NPfI.
(Reason: To protect residential amenity)
71. DAOUC16 - Entertainment Noise Emission Criteria
Noise from entertainment sources at the premises (music and patrons) must comply with the following:
(a) The LA10, 15 minute noise level emitted from the use must not exceed the background noise level (LA90, 15minute) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) by more than 5dB between the hours of 7.00am and 12.00 midnight when assessed at the boundary of any affected residence.
(b) The LA10, 15 minute noise level emitted from the use must not exceed the background noise level (LA90, 15 minute) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 12.00 midnight and 7.00am when assessed at the boundary of any affected residence.
(c) Notwithstanding compliance with (a) and (b) above, noise from the use when assessed as an LA10, 15 minute enters any residential use through an internal to internal transmission path is not to exceed the existing internal LA90, 15 minute (from external sources excluding the use) in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) when assessed within a habitable room at any affected residential use between the hours of 7am and 12midnight. Where the LA10, 15 minute noise level is below the threshold of hearing, Tf at any Octave Band Centre Frequency as defined in Table 1 of International Standard ISO 226 : 2003- Normal Equal-Loudness-Level Contours then the value of Tf corresponding to that Octave Band Centre Frequency shall be used instead.
(d) Notwithstanding compliance with (a), (b) and (c) above, the noise from the use must not be audible within any habitable room in any residential use between the hours of 12.00 midnight and 7.00am.
The LA10, 15 minute noise level emitted from the use is as per the definition in the Australian Standard AS1055-1997 Acoustics - Description and measurement of environmental noise. The background noise level LA90, 15 minute is to be determined in the absence of noise emitted by the use and be representative of the noise sensitive receiver. It is to be determined from the assessment LA90 / rating LA90 methodology in complete accordance with the processes listed in the NSW Noise Policy for Industry (2017) and relevant requirements of AS1055.1997.
(Reason: To protect residential amenity)
72. DAOUF01 - Bottle, Can or Garbage Disposal
No bottle, can or garbage disposal shall take place between the hours of 8.00pm and 7.00am daily.
(Reason: Disturbance and public interest)
73. DAOUF02 - Control of Noise
A clearly visible sign placed immediately adjacent to the entry/exit doors indicating that patrons are to leave the vicinity of the premises in a manner that does not disturb the quiet and good order of the neighbourhood.
(Reason: Public interest)
74. DAOUF05 - Patron Behaviour - Security Staff
Management of the premises must ensure that patrons leaving the premises do so in an orderly manner so as not to detrimentally affect the amenity of the neighbourhood. This may include the use of private security staff.
(Reason: Amenity, health and safety)
75. DAOUF06 - Protection of Neighbour Amenity at Closing
An announcement shall be made at the cessation of the entertainment that patrons shall leave the premises and the vicinity quickly and quietly to avoid disturbance of the neighbourhood.
(Reason: Public interest)
76. DAOUF07 - Security Management Plan
Management must ensure the implementation of the Security Management Plan including all security patrols, surveillance and other security measures adopted by the plan
(Reason: Amenity, health and safety)
77. DAOUZ01 - Noise complaints
In the event of Council receiving complaints concerning noise from the Royal Hotel Granville, Council may issue a Prevention Notice in accordance with the Protection of the Environment Operations Act, 1997 that would require the owner to undertake investigations at their expense. Copies of those reports including recommendations would be required to be submitted to Council for assessment and comment.
(Reason: To protect residential amenity)
78. DAOUZ02 - Crime prevention strategies forming part of the Plan of Management
The crime prevention strategies as outlined in correspondence by the New South Wales Police Force - Cumberland Police Area Command, Reference number D/2022 319009 and dated 30 March 2022 which is stamped as part of the development consent shall be complied with in full.
In this regard, all the following requirements of the correspondence relating to:
1. Crime Scene Preservation.
2. Closed Circuit Television (CCTV).
3. Entry requirements (Entry not permitted to specific patrons).
4. Prevention of Intoxication.
5. Documents (Production of the Liquor Licence).
6. Courtyard Eatery (Hours of operation) and patron numbers.
7. Smoking Legislation.
8. Intoxication and Anti Social Behaviour.
9. Liquor Accord.
10. Security and Management Closing Procedure (Subparts 10.1 to 10.4 in full).
11. Managing Noise Emission.
12. Rooftop terrace (Hours of Operation and Management) except that the maximum number of patronage shall not exceed 80 under any circumstances as per the recommendations of the acoustic report approved as part of the development consent.
Are to be complied with at all times.
In addition, the same correspondence references outdoor dining along both Russell Street and South Street which is a matter not forming part of the development application. The consent does not authorise any outdoor dining alongside both Russell Street or South Street.
(Reason: Crime prevention strategies as recommended by the Cumberland Police Area Command.)
79. DAOUZ03 - Intensity of use to comply with the approved management plan and acoustic report
The intensity of use of the entire development shall be in accordance with the management plan and acoustic report approved as part of the development consent. In this regard:
· The ground floor restaurant shall not be opened to the public under any circumstances between the hours of 12 midnight and 7am daily.
· The number of patrons dining in the new restaurant shall not exceed ninety (90) at any given time.
· The rooftop terrace shall only be used for functions that are pre booked through hotel management and the number of guests attending functions is capped at eighty (80).
· A limit of 12 staff shall use each office terrace between 7am and midnight on Levels 1 and 2.
(Reason: To ensure satisfactory intensity of use and to ensure noise disturbances are minimised for the locality.)
80. DAOUZ04 - Limitation to access to the upper levels
As part of the management of the building, patrons using the pub and new restaurant are not to be given access to Levels 1 and 2 and the rooftop terrace level under any circumstances. A swipe card system shall be installed and operated on site at all times. The system shall be robust so that the lift doors cannot be opened on Level 1 and 2 without a specialised swipe access card.
Additionally, a minimum of one hotel staff member or a security personal shall escort patrons to and from the rooftop terrace during booked functions at all times between 7 am and 10 pm daily to prevent patrons and office workers coming into conflict with one another and to prevent unauthorised access to Levels 1 and 2 at times when office workers are present.
Only those with specialised swipe cards who operate their office businesses from Levels 1 and 2 shall be given access to Levels 1 and 2.
Further to this, the use of the rooftop terrace level shall only be made in circumstances where specific functions have been arranged / pre booked through hotel staff management and the operations of that level shall be consistent with correspondence provided by the Cumberland Police Area Command and attached to this consent except that the number of patrons is capped at eighty (80).
(Reason: To maintain security in accordance with advice provided by the Cumberland Police Area Command.)
81. DAOUZ05 - Recommendations of the Traffic Impact Assessment Report
The following recommendations of the Traffic Impact Assessment Report prepared by Multipro Consultants (Reference Job188V2) and dated May 2022 are to be implemented at all times upon the commencement of operations. In this regard:
a) All permanent staff and new staff associated with the site operations shall be encouraged on a regular basis by management to use public transport to arrive and depart the premises.
b) The management and licensee shall clearly publicise on the official website of the hotel on how to get to and from the hotel using public transport.
c) Carpooling shall be encouraged via signs erected within the building and such action should also be publicised on the official website of the hotel.
d) During all hours of operation, a dedicated staff member shall be made responsible for organising transport (taxi / Uber) for the patrons as required.
e) Clear signs shall be displayed at all exits advising patrons to leave and get to their parked vehicles quietly and with minimal disturbance to nearby areas.
f) Clear signs shall be displayed at all entrances advising hotel patrons to be respectful of the parking needs of other businesses and residents in the local area if they choose to park on surrounding streets.
g) Any lease agreement for the first and second floor office spaces shall include clear advisory notes that the premises are not provided with car parking spaces and to reply on public transport.
h) Staff, patrons and security personnel are to be encouraged to report improper or illegal parking of any hotel patrons on surrounding streets.
(Reason: To maintain reasonable amenity in relation to car parking needs.)
82. DAOUZ06 - Hours of operation of the rooftop terrace
The hours of operation of the rooftop terrace is as follows.
a) The hours of operation of the rooftop terrace is restricted to 7am to 10pm daily.
b) Notwithstanding (a) above, the rooftop terrace may operate to 11pm daily for a trial period of twelve months from the date of the issue of the final occupation certificate.
c) A development application may be lodged with Council to seek approval to continue the use of the rooftop terrace as outlined in (b) above before the end of the trial period for Council’s consideration and determination. Such consideration will be based on the performance of the operator in relation to compliance with the development consent conditions, any complaints received and any views expressed by the Police. It should be noted that any trial period may be deemed not to have commenced unless the full range of hours has occurred during the trial period.
d) Should the premises operate successfully in the first trial period in (b) above and complied with the performance conditions in (c), a second extended 2 year trial period for the extended hours may be implemented.
(Reason: to limit and trial the operating hours of the development to reduce the likely nuisance on adjoining development and to permit Council and Police to monitor potential impacts on amenity and public safety in the locality.)
83. DAOUZ07 - No direct sale of alcohol or food on the rooftop terrace
There shall be no direct sale of food or alcohol to patrons using the roof top terrace under any circumstances.
(Reason: To prevent likely nuisance on adjoining development from patrons using the rooftop terrace.)
Advisory Notes
84. DAANN01 - Dial Before You Dig
Underground assets may exist in the area that is subject to your application. In the interests of health and safety and in order to protect damage to third party assets it is recommended that you contact Dial Before You Dig before excavating or erecting structures If alterations are required to the configuration, size, form or design of the development upon contacting the Dial Before You Dig service, an amendment to the development consent (or a new development application) may be necessary. Individuals owe asset owners a duty of care when working in the vicinity of plant or assets. It is the individual’s responsibility to anticipate and request the nominal location of plant or assets on the relevant property via contacting the Dial Before You Dig service in advance of any construction or planning activities.
85. DAANN02 - Telecommunications Act 1997 (Commonwealth)
Telstra and its authorised contractors are the only companies that are permitted to conduct works on Telstra’s mobile network and assets. Any person interfering with a facility or installation owned by Telstra is committing an offence under the Criminal Code Act 1995 (Cth) and is liable for prosecution. Furthermore, damage to Telstra’s infrastructure may result in interruption to the provision of essential services and significant costs. If you are aware of any works or proposed works, which may affect or impact on Telstra’s assets in any way, you should contact Telstra’s Network Integrity Team.
86. DAANN08 - Process for Modification
The plans and/or conditions of this Consent are binding and may only be modified upon approval of an application under s.4.55 of the Environmental Planning and Assessment Act, 1979. A modification application shall be accompanied by the appropriate fee, application form and required information. You are not to commence any action, works or the like on the requested modification until Council issues an amended consent.
87. DAANN09 - Review of Determination
In accordance with the provisions of Section 8.2 of the Environmental Planning and Assessment Act 1979, you can request a review of a determination not relating to a complying development certificate, application for designated development or application for Crown development. A review application may not be determined after the period within which any appeal may be made to the Court if no appeal was made. To determine a review application within that time limit, the application must be submitted well in advance of the appeal right timeframe. A fee as per Council's current Pricing Policy, Fees and Charges, is payable for a review application.
88. DAANN10 - Right of Appeal
Section 8.7 and 8.10 of the Environmental Planning and Assessment Act 1979, gives the applicant the right of appeal to the Land and Environment Court within six months after the date the decision appealed against is notified or registered on the NSW Planning Portal occurs.
89. DAANN12 - Works/Construction Zones
All development sites, more than 2 storey, require a ‘Works Zone’ application. The applicant must apply to Council and pay the respective minimum one (1) week application fees. Provision of a Works Zone is subject to approval by the Cumberland Traffic Committee. The length of works zone approved will be determined by Council.
90. DAANN13 - Work Health and Safety
For information regarding, codes of practice and guidelines regarding demolition and construction work, visit the SafeWork NSW.
91. DAANN16 - Compliance with Disability Discrimination Act
This approval does not necessarily protect or guarantee against a possible claim of discrimination (intentional or unintentional) under the Disability Discrimination Act 1992, and the applicant/owner is advised to investigate their liability under that Act.
(Reason: To inform of relevant access requirements for persons with a disability)
92. DAANN17 - Critical Stage Inspections - General
Work must not proceed beyond each critical stage until the Principal Certifier is satisfied that work is proceeding in accordance with this consent, the Construction Certificate(s) and the Act. 'Critical Stage Inspections' means the inspections prescribed by the Regulations for the purposes of section 6.5 of the Act or as required by the Principal Certifier and any Service Agreement.
Note: The Principal Certifier may, in addition to inspections, require the submission of Compliance Certificates, survey reports or evidence of suitability in accordance with Part A2.2 of the NCC in relation to any matter relevant to the development.
(Reason: Statutory requirement)
93. DAANN20 - Critical Stage Inspections for Building Work (Classes 5, 6, 7, 8 or 9)
The following critical stage inspections must be carried out:
a) after the commencement of the excavation for, and before the placement of, the first footing;
b) in relation to a critical stage inspection of a class 9a and 9c building, as defined in the Building Code of Australia-prior to covering of fire protection at service penetrations to building elements that are required to resist internal fire or smoke spread, inspection of a minimum of one of each type of protection method for each type of service, on each storey of the building comprising the building work;
c) Prior to covering any stormwater drainage connections; and
d) After the building work has been completed and prior to any Occupation Certificate being issued in relation to the building.
The Principal Certifier may nominate additional inspections which need to be carried out.
Prior to issuing an Occupation Certificate or Subdivision Certificate the Principal Certifier must be satisfied that the work has been inspected on the above occasions.
The last critical stage inspection must be carried out by the Principal Certifier. Earlier critical stage inspections may be carried out by the Principal Certifier or, if the Principal Certifier agrees, by another certifier.
For each inspection the principal contractor or owner-builder must notify the Principal Certifier at least 48 hours before each required inspection needs to be carried out.
(Reason: Statutory Requirements)