Development Application: 62-64 Epsom Road, Zetland

Decision Maker: Local Planning Panel

Decision status: Recommendations Determined


The Panel:

(A)      Upheld the variation sought to Clause 4.3 (Building Height) in accordance with Clause 4.6 'Exceptions to development standards' of the Sydney Local Environmental Plan 2012 in this instance; and

(B)      Granted deferred commencement consent be to Development Application No. D/2018/508 subject to the conditions set out in Attachment A to the subject report, subject to the following amendments (additions shown in bold italics and deleted text shown in strikethrough):


(a)     The maximum number of persons permitted in the premises is as follows:

(i)      The maximum number of guests accommodated in hotel rooms is 44.

(ii)     The maximum capacity of the restaurant and bar area on the ground floor level is 12074.

(iii)    The outdoor rooftop bar / pool area is to have a maximum capacity of 44 patrons.

(b)     The capacity for each area shall not exceed the maximum numbers at any given time.

(c)     The manager/licensee is responsible for ensuring the number of persons in the premises does not exceed that specified above.

(d)     In relation to the ground floor restaurant and bar, a sign in letters not less than 25mm in height must be fixed at the main entry point to the premises alongside the Licensee’s name stating the maximum number of persons, as specified in the development consent, that are permitted in the building. Details of the sign are to be submitted to Council’s Health and Building Unit for approval prior to issue of a Construction Certificate.

Note: Clause 98D of the Environmental Planning and Assessment Regulation 2000 requires a sign specifying maximum number of persons permitted in the building to be displayed in a prominent position for the following types of premises:

()       entertainment venue,

(ii)     function centre,

(iii)     pub,

(iv)    registered club,

(v)     restaurant.



(a)     The hours of operation must be restricted to between:

(i)      Ground floor restaurant and bar:

a.         Sunday - Thursday: 10am - 9pm

b.         Friday - Saturday: 10am – 10pm

(ii)       Outdoor rooftop bar / pool area:

a.         Monday - Saturday: 10am - 8pm

b.         Sunday: 10am - 8pm

(ii)       Outdoor gym:

a.      Monday - Sunday: 10am - 7pm

(b)       Notwithstanding (a) above, the use may operate between the hours specified below for a trial period of 1 year from the date of issue of the Occupation Certificate. 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

(i)        Ground floor restaurant and bar:

a.         Sunday - Thursday: 7am - 9pm

b.         Friday - Saturday: 7am - 12 midnight

(ii)       Outdoor rooftop bar / pool area:

a.         Monday - Saturday: 7am - 9pm

b.         Sunday: 8am - 9pm

(iii)      Outdoor gym:

a.         Monday - Sunday: 6am - 7pm

(c)     A further application may be lodged to continue the operating hours outlined in (b) above 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 received and any views expressed by the Police.

(d)     The name of the licensee and manager are to be displayed on a sign near the front door of the public entrance together with the contact number for complaints.


Reasons for Recommendation

The Panel approved the application for the following reasons:

(A)      Subject to conditions, the proposal generally complies with the aims and objectives of the relevant policies and planning controls as outlined in further detail in this report.

(B)      The requested variation to the height development standard is upheld because the consent authority is satisfied that the applicant's amended written request has adequately addressed the matters required to be addressed by Clause 4.6 of the Sydney Local Environmental Plan 2012 and the proposed development would be in the public interest because it is consistent with the objectives of Clause 4.3 Height and B4 Mixed Use zone.

(C)      The built form and design of the building addresses the scale and context of the surrounding area.

(D)      The recommended operational conditions will address the issues raised by the community.

(E)      The proposed development incorporates the dedication of land for the purposes of road widening of Epsom Road, included within the Voluntary Planning Agreement associated with the development application. The imposition of a deferred commencement is to allow for the execution of the Voluntary Planning Agreement.

(F)      For reasons outlined in the report to the Local Planning Panel.

(G)      Condition 24(a)(ii) was amended to reduce the maximum capacity of the restaurant/bar area to 120 patrons to align with the maximum capacity of a small bar. This provides certainty of the intended use of the space to address residents’ concerns, as well as to reflect a more realistic capacity for the restaurant/bar as designed.

(H)      Condition 25(d) was added to provide residents with additional details of how to lodge a complaint at any time, and who to contact should there be any issues once the premises is operational, noting that complaints are required to be recorded in a log that Council will consider at the end of the trial period for extended operating hours.

Carried unanimously.



The following people addressed the meeting of the Local Planning Panel on Item 3 – Ms Roslyn Young (resident) and Mr Jeff Mead (Planning Ingenuity – on behalf of the applicant).

Report author: Aisling McGrath

Publication date: 05/12/2018

Date of decision: 05/12/2018

Decided at meeting: 05/12/2018 - Local Planning Panel

Accompanying Documents: