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Section 4.55(2) Application: 55A Leichhardt Street, Glebe

Decision Maker: Local Planning Panel

Decision status: Recommendations Determined

Decisions:

The Panel granted consent to Section 4.55(2) Application No. D/2009/1424/B subject to the amendment of the following conditions (additions shown in bold italics and deleted text shown in strikethrough) as set out in Attachment A to the subject report and further amended below.

(2)        HOURS OF OPERATION – MINOR DEVELOPMENT

(a)        The hours of operation are restricted to between 6.30am and 6.00pm daily outside daylight savings time;

(b)        The hours of operation are restricted to between 6.30am and 8.00pm daily during daylight savings time; and

(c)         Council’s consideration of any future applications to extend the hours of operation will be based on, among other things, the performance of the operator in relation to compliance with development consent conditions, any complaints received and any views expressed by the Police.

(d)        The indoor hours of operation are restricted to between 6.30am and 10.00pm, Monday to Sunday.

(e)        The outdoor hours of operation are restricted to between 8.00am and 8.00pm, Monday to Sunday.

(f)          Notwithstanding (d) above, the outdoor use may operate between 6.30am and 8.00am, and 8.00pm and 10.00pm for a trial period of one year from 15 May 2019.

(g)        During a trial period of one year from 15 May 2019, 2 surveys of customers’ modes of transport to the venue are to be conducted at 6 month intervals, and submitted to Council before any further application is made.

(h)        A further application may be lodged to continue the operating hours outlined in (d) 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.

(4)        PLAN OF MANAGEMENT TO BE SUBMITTED AND APPROVED

(a)        A Plan of Management must be prepared to address all operational and management procedures to be employed, to ensure that the premises can operate without disturbance to the surrounding locality. The plan must reflect the whole of the café’s operations.

(b)        The plan must include but is not restricted to; compliance with all other operational conditions of this consent; hours of operation; noise; security management; and handling complaints.

(c)         The plan must be submitted to and approved by Council prior to a Construction Certificate being issued.

(d)        The Plan of Management must be amended to reflect the additional patron numbers commencing at 7.00am. This must be submitted to and approved by Council’s Area Planning Manager prior to the commencement of trial patron numbers before the consent operates.

(e)        The Plan of Management approved under (d) above must be complied with at all times.

(12)      VENUE CAPACITY

The venue will have a maximum capacity of 60 seats, with 30 seats indoors and no more than 30 seats outdoors.

(a)        The venue will have a maximum capacity of 60 patrons at any time, with no more than 30 patrons outdoors.

(b)        Notwithstanding (a) above, the use may operate with a maximum capacity of 120 patrons between 7.00am and 6.00pm, with no more than 90 seated outside in accordance with the approved seating plan, for a trial period of one year from 15 May 2019.

(c)         A further application may be lodged to continue the maximum patron capacity outlined in (b) above not less than 30 days before the end of the trial period. Council’s consideration of a proposed continuation 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, and the additional and effective efforts to minimise the impact from patron parking.

(d)        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.

(25)      NOISE FROM GLASS REMOVAL

Glass must not be emptied or transferred from one receptacle to another anywhere in a public place. All glass must be emptied / transferred within the premises and removed in containers and only within the hours of 9.00am to 6.00pm.

(25B)   OPERATION OF WINDOWS

Windows on the south-western façade of Bellevue House must remain closed at all times after 6.30pm.

(25C)   LICENSED PREMISES – PRIMARY PURPOSE

The primary purpose of the premises is as a restaurant with the kitchen to be open and substantial food service to be available to patrons at all times during the approved hours of operation. The sale and supply of liquor shall cease when the kitchen ceases to operate. All patrons are to have an allocated seat. and the number and location of tables and chairs provided for seated dining must be in accordance with the approved floor plan at all times.

(25E)   GLASS CRUSHER

All glass bottles and other glass waste must be reduced to glass shards (by way of a glass crusher located within the premises) prior to the removal of such waste from the premises.

(25F)   QUEUEING

No persons are to be permitted to drink or queue outside the premises at any time after 6.00pm. Staff are to ensure that there is no queue for the premises and take all reasonable steps to ensure compliance with this condition.

Reasons for Decision

The application was approved for the following reasons:

(A)        The proposal is consistent with Clause 1.2(2)(g) and (h) of the Sydney Local Environmental Plan 2012 (Aims of Plan). The aims seek to ensure that the pattern of land use and density in the City of Sydney reflects the capacity of the transport network and facilitates walking, cycling and the use of public transport to enhance the amenity of local communities.

(B)        The proposal is compatible with the objectives of the RE1 Public Recreation zone and supports the adaptive re-use of a heritage building.

(C)       The proposal is consistent with the objectives of Section 3.11 (Transport and Parking) of the Sydney Development Control Plan 2012, as it will ensure that the demand for transport generated is managed in a sustainable manner.

(D)       The proposal accords with the provisions of Section 3.15 (Late Night Trading) of the Sydney Development Control Plan 2012. The proposed operating hours are compatible with the nature of the use and site, and are supported by a suitable Plan of Management.

(E)        The proposal is consistent with the objective of Section 4.2.3 (Amenity) of the Sydney Development Control Plan 2012, as it will not have adverse impacts on the acoustic privacy of nearby residential uses.

(F)        The proposal aligns with the provisions of Section 4.15(1)(e) of the Environmental Planning and Assessment Act, 1979, relating to the public interest.

(G)       Condition 2 was amended in response to the submission by the applicant.

(H)       Conditions 25, 25(B) and 25(C) were amended and Conditions 25(D) and 25(E) were deleted in response to the submission by the applicant and upon further consideration by the Panel.

Carried unanimously.

D/2009/1424/B

Speakers

Ms Janet Simpson (resident), Mr Nathan Fisher (resident), Mr Nathan Fisher (on behalf of Amanda Mohan – resident), Mr Albert Lecoanet (resident), Ms Margaret McCluskey (resident), Mr Peter Hanna (applicant), Mr Anthony Betros (ABC Planning – on behalf of the applicant) and Mr David Hanna (applicant).

 

Report author: Lyle Tamlyn

Publication date: 15/05/2019

Date of decision: 15/05/2019

Decided at meeting: 15/05/2019 - Local Planning Panel

Accompanying Documents: