Decision details

The Panel granted consent to Development Application No. D/2018/1619 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):

(4)        PLAN OF MANAGEMENT

The use must always be operated / managed in accordance with the Plan of Management, prepared by Hamec Design Studio signed and dated 29 January 2019 (TRIM record number:  2019/196266).

An updated Plan of Management must be submitted to include a security assessment for the money exchange facility which should include details of risk management and mitigation.

NSW Police recommend that a private security firm is used to undertake the assessment and the applicant is advised to liaise with local Crime Prevention Officers to address any local issues in the surrounding area.

The updated Plan of Management is to be submitted to and approved by Council’s Area Planning Manager prior to the issue of an Occupation Certificate.

(5)        COPIES OF CONSENTS AND MANAGEMENT PLANS

A full and current copy of all current development consents for the operation of the premises, and the updated Plan of Management required by Condition 4 must be kept on-site and made available to Police or Council Officers upon request.

(6)        SURVEILLANCE CAMERAS

The following conditions in relation to CCTV must be complied with to better allow Police to investigate and prosecute offences within the City of Sydney Local Government Area.

(a)     CCTV surveillance cameras shall be strategically installed, operated and maintained throughout the premises with particular coverage to:

(i)      principal entrance/s and exits;

(ii)      all areas within the premise occupied by the public (excluding toilets);

(iii)     staircases in multilevel premises; and

(iv)    the area within a 10m radius external to the public entrance(s) to the premise.

(b)     The cameras must be fitted so as to capture images of the face of potential offenders that may be wearing caps or hats. The CCTV system and installation must be in accordance with Australian Standards.

(c)     Suitable and clearly visible signage shall be displayed at the principal entrance(s) to the premise and in a prominent position on each floor accessible to the public, in lettering not less than 50mm in height with the words “Closed Circuit Television in use on these premises”.

(d)     All CCTV recording equipment and cameras shall be of high grade digital quality capable of establishing the population and identification of patrons, offenders and incidents within the depth of field view of the cameras.  In this respect each surveillance camera shall be capable of recording a minimum rate of 10 frames per second and at high resolution.

(e)     CCTV recording discs or hard drive recordings shall be retained for 28 30 days before being re-used, destroyed or deleted.  Time and date shall be auto recorded on the disc or hard drive.  The CCTV recording equipment shall be capable of reproducing a CD, DVD or other appropriate digital copy of recorded footage on demand of Council or Police Officers either immediately or within 12 hours of the request being made. Copy discs must be handed to Council, Police Officer or Special Inspectors as required.

(f)      All CCTV recording devices and cameras shall be checked daily to ensure the equipment is operating correctly.  The Licensee shall record this daily checking activity in the security/incident register book that meets the standards required by the Licensing Police and Council. If it is discovered at any time that the equipment is not in full operating order all reasonable steps must be taken to repair the system as soon as practicable. Where the system will not be functioning in full operating order for a period of longer than 24 hours the manager/licensee is to notify the relevant Local Area Commander of the NSW Police.

(g)     All CCTV recording devices and cameras shall be operated at all times when the premises are open to the public and, where premises do not operate 24 hours a day, continuously for at least 1 hour prior to opening and closing times of the premises.

(h)     The CCTV recording device shall be secured within the premises and only be accessible to senior management personnel so as to maintain the integrity of the recorded footage. When the premises is operating there must be at least one staff member present at the premises who is authorised to access the CCTV system and able to immediately review recordings and produce copies.

(i)      Camera views are not to be obstructed by temporary or permanent structures, signage or other impediments.

(j)      The CCTV is registered with the NSW Police Force CAMFIND program.

(k)        The CCTV system is to be set up in staff only areas where customers cannot easily access and minimise tampering.

(23)     SECURITY

The following security measures must be implemented during fit out and use of the development:

(a)        High quality door and window locks must be fitted to all openings that are accessible by the public. The locks must comply with the building code of Australia.

(b)        The premises must have a secure entry and controlled internal and external access, preferably with remote door release mechanisms.

(c)        Staff must be provided with a secure and safe place to leave their belongings (e.g. lockers).

(d)        The cash register must be regularly cleared to keep the total cash held in the register under $250 or as minimal as practicable and the cleared cash must be directly placed into a safe.

(e)        The installation and specifications of the safe needs to be in accordance with the Australian Standards.

(f)          Staff working after 1.00am should be trained to respond to intoxicated and aggressive behaviours.

(g)        Security is to be provided on Fridays and Saturdays between the hours of 10.00pm and 2.00am.

(h)        A substantial barrier between customers and staff is to be installed at the proposed currency exchange to prevent stealing and snatch and grab type offences.

(i)          A button press lock controlled entrance is to be installed so staff members can control who comes into the store and how many persons may enter the store at one time.

(j)          Immediately after the person in charge of shift becomes aware of an incident involving an act of violence causing an injury to a person on the premises, the person must:

(i)              Take all practical steps to preserve and keep intact the area where the act of violence occurred, retain all material and implements associated with the act of violence in accordance with the Crime Scene Preservation Guidelines issued by the NSW Police;

(ii)            Make direct and personal contact with the Local Area Commander or his/her delegate and advise the Commander or delegate of the incident;

(iii)           Comply with any directions given by the Commander or delegate to preserve or keep intact the area where the violence occurred; and

(iv)           Secure and produce a copy of all CCTV footage upon request of any Police Officer.

 

Reasons for Decision

The application was approved for the following reasons:

(A)        The proposal is consistent with the objectives of the B8 Metropolitan Centre zone for the reasons set out in the report.

(B)        The proposal is considered appropriate within its setting and, subject to conditions, is generally compliant with the relevant planning controls contained in the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012, including the requirement for design excellence in clause 6.21 of the Sydney Local Environmental Plan 2012.

(C)       The trial hours of operation are conditioned to be consistent with the requirements of clause 3.15 Late Night Trading Management of Sydney Development Control Plan 2012.

(D)       Appropriate conditions of consent have been imposed to ensure that the development will not result in detrimental environmental impacts.

(E)        Conditions 4, 5 and 6 were amended and Condition 23 was added in response to a submission made by NSW Police. The conditions ensure that appropriate security measures are put in place and the site is managed in accordance with conditions of consent and the Plan of Management.

Carried unanimously.

D/2018/1619

Speakers

Mr Mohamed Sayed (applicant).