Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
The Panel granted consent to Development
Application Number strikethrough):
BEFORE ISSUE OF AN OCCUPATION
CERTIFICATE
OCCUPATION AND ONGOING USE
(4) BICYCLE PARKING AND END OF TRIP FACILITIES
(a) The
minimum number of bicycle parking spaces and end of trip facilities to be
provided within the site boundary for the development must comply with the
table below.
Bicycle Parking Type |
Number |
Requirements |
Non-residential
visitor |
3 |
Spaces
must be Class 3 bicycle rails |
End of Trip Facility Type |
Number |
|
Personal
lockers |
3 |
|
All bicycle
parking spaces and end of trip facility must be provided on private land. The
public domain cannot be used to satisfy this condition.
(b) The
layout, design and security of bicycle facilities must comply with the minimum
requirements of Australian Standard AS 2890.3 Parking Facilities Part 3:
Bicycle Parking Facilities. The details must be submitted to and approved by
the Area Planning Coordinator / Manager Registered Certifier
confirming prior to the community facility being reopened for public
use. issue of the Occupation Certificate being issued.
Reason
To ensure the allocation of bicycle parking onsite
that is in accordance with Australian Standards and the Council’s DCP.
(5) PLAN OF MANAGEMENT
(a) The Plan of Management dated 8 October 2024 must be amended:
(i) to be consistent with the conditions of this consent D/2024/615, including those pertaining to hours of operation and waste management and collection;
(ii)
to implement noise reduction measures
recommended at section 7 of in the acoustic report titled
Operational Noise Emission Assessment, reference: 6498R001.LM.240905, dated 5
September 2024, prepared by Acoustic Dynamics excluding recommendation 2 that require:
1.
an acoustic engineer to be engaged to calibrate any speakers that are
installed; and
2.
for air-conditioning equipment to be serviced regularly to maintain low
levels of mechanical services noise;
(iii)
to outline measures to manage light spill to
adjoining premises;
(iv)
to amend recommendation 3 at section 7 of the
acoustic report to read as follows: ‘Patrons should use the main entrance /
exit via Shepherd Street after 10pm to minimise the impact on residences to the
north and south of the site;
(v)
the amended Plan of Management must be submitted to
and approved by Council’s Area Planning Coordinator / Manager prior to the
community facility being reopened for public use commencement of the use
or issue of an Occupation Certificate whichever is the earlier.
(b) The use must always be operated / managed in accordance with the Plan of Management, approved in accordance with the process specified at (a) above. In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management.
(c)
The
Proponent may update and revise the Plan of Management by submitting the
updated Plan of Management to Council’s Area Planning Coordinator / Manager for
approval.
Reason
To
ensure all parties are aware of the approved supporting documentation that
applies to the development.
OCCUPATION AND ONGOING USE
OCCUPATION CERTIFICATE TO BE SUBMITTED
An
Occupation Certificate must be obtained from the Principal Certifier and a copy
submitted to Council prior to commencement of occupation or use of the whole or
any part of the building.
Reason
To ensure the site is
authorised for occupation.
(6) HOURS OF OPERATION - SENSITIVE USES
The hours of operation are regulated as follows:
Indoors hours of operation
(a) The hours of operation of the
indoor areas of the premise must be restricted to between 7.00am and
10.00pm, Monday to Sunday.
(b)
Notwithstanding (a) above, the
premises may operate between 10.00pm and 12.00 midnight for a trial period of 1
year from the date of the reopening of the community facility for public use.
Council’s Health and Building Unit is to be informed in writing of the date of
commencement of the trial hours. Email notification is to be sent to liquor@cityofsydney.nsw.gov.au
(dc) Should the operator seek to continue the extended operating hours
outlined in (cb) above, an application must be lodged with
Council not less than 30 days before the end of the trial period. Council’s
consideration of a proposed continuation and/or extension of the hours
permitted by the trial will be based on, among other things, the performance of
the operator in relation to the compliance with development consent conditions,
any substantiated complaints and any views expressed by the Police.
Reason
To ensure the premises operates within the approved hours of operation.
Remaining conditions to be renumbered accordingly.
Reasons for Decision
The application was approved for the
following reasons.
(A)
The
site is located in the Zone R1 General Residential. The development is for a
community facility and which is permitted with consent in the zone.
(B)
The
development accords with the objectives of the Sydney LEP 2012 and the Sydney
DCP 2012.
(C)
The
development, subject to the recommended conditions, will not unreasonably
compromise the amenity of nearby properties.
(D)
Condition
5 was amended to adopt selected recommendations of the acoustic report
pertaining to management procedures for the hours of 10pm and 12 midnight, to
minimise noise emissions.
(E)
Condition
5 was further amended to address light spill concerns and clarify the location
of sensitive previewer and appropriate noise mitigation measures, and to
provide for the Plan of Management to be updated subject to approval of
Council’s Area Planning Manager.
(F)
As the
proposal does not result in a change of building use and therefore an
occupation certificate is not required under s6.9 of the Environmental
Planning and Assessment Act 1979, Condition 6 was deleted and Conditions 4,
5 and 7 amended accordingly.
(G)
Considering
the low noise risk from community activities and that the capacity of the
premises is limited to 40 people, Condition 7 was further amended to allow for
hours of operation of 7am to 12 midnight, Monday to Sunday for both the indoor
and outdoor areas of the community facility to provide flexibility for a wide
range of community activities.
Carried unanimously.
D/2024/615
Report author: Ben Chamie
Publication date: 13/11/2024
Date of decision: 06/11/2024
Decided at meeting: 06/11/2024 - Local Planning Panel
Accompanying Documents: