Decision details

The Panel granted consent to Development Application No. D/2018/1418 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):

SCHEDULE 1 - DEFERRED COMMENCEMENT CONDITIONS

The following deferred commencement conditions must be satisfied prior to the consent becoming operative:

PART A - DEFERRED COMMENCEMENT CONDITIONS

(CONDITIONS TO BE SATISFIED PRIOR TO CONSENT OPERATING)

The consent is not to operate until the following condition is satisfied, within 24 months of the date of this determination:

(1) DESIGN MODIFICATIONS

The design of the building must be modified as follows:

(a) The 3 graphic vinyl (decal signs) on elevations 2, 3 and 4 and the dynamic content external menu board on elevation 1 are not approved and are to be removed.

(b) The outdoor dining area including tables, chairs, umbrellas and barriers are not approved and are to be removed.

(c) The proposed awnings on elevation 1 are not approved and are to be removed.

(d) All elevations are to be painted / finished in a neutral colour scheme or material similar to that shown on elevation 1. A detailed materials, colours and finishes schedule keyed to each building elevation is to be submitted and approved by Council’s Area Planning Manager.

(2) PLAN OF MANAGEMENT

An updated Plan of Management must be submitted and approved by Council’s Area Planning Manager, and must contain details on how waste is to be collected and how deliveries and services will be managed including frequency, timing and location of parking and loading area.

(3) Evidence that will sufficiently enable Council to be satisfied as to those matters identified in deferred commencement conditions, as indicated above, must be submitted to Council within 24 months of the date of determination of this deferred commencement consent failing which, this deferred development consent will lapse pursuant to section 4.53(6) of the Environmental Planning and Assessment Act 1979.

The consent will not operate until such time that the Council notifies the Applicant in writing that deferred commencement consent conditions, as indicated above, have been satisfied. Upon Council giving written notification to the Applicant that the deferred commencement conditions have been satisfied, the consent will become operative from the date of that written notification, subject to the conditions of consent, as detailed in Part B Conditions of Consent.

 

 

PART B A – CONDITIONS OF CONSENT

(1)       APPROVED DEVELOPMENT

(a)     Development must be in accordance with Development Application No. D/2018/1418 dated 23 November 2018 and the following drawings prepared by Interior Life:

Drawing Number	Drawing Name	Date
01.02 Rev C	Layout Plan	05/11/2018 09/05/2019
01.03 Rev C	Dimensions Plan	05/11/2018 09/05/2019
01.04 Rev C	Reflected Ceiling Plan	05/11/2018 09/05/2019
02.01a Rev C	Shopfront Elevation	05/11/2018 09/05/2019
02.01b Rev B	Shopfront Elevation	05/11/2018 04/04/2019
02.02 Rev C	Section 1	05/11/2018 09/05/2019
02.03 Rev C	Section 2	05/11/2018 09/05/2019
02.04 Rev C	Section 3	05/11/2018 09/05/2019
02.05 Rev C	Section 4	05/11/2018 09/05/2019
03.01 Rev C	Counter Plan – Detail	05/11/2018 09/05/2019
03.02 Rev C	Counter Elevation – Detail	05/11/2018 09/05/2019
03.03 Rev C	Counter Sections – Detail	05/11/2018 09/05/2019
03.04 Rev C	Counter Sections – Detail	05/11/2018 09/05/2019
03.05 Rev C	Back Bench Plan – Detail	05/11/2018 09/05/2019
03.06 Rev C	Back Bench Elevation – Detail	05/11/2018 09/05/2019
03.07 Rev C	Back Bench Section – Detail	05/11/2018 09/05/2019
03.08 Rev C	Counter Menu – Detail	05/11/2018 09/05/2019
03.09 Rev C	Menu Display A - Detail	09/05/2019
03.11 Rev C	Menu Display B - Detail	09/05/2019
03.12 Rev C	Menu Display C - Detail	09/05/2019
03.15 Rev C	The Beverage Hub Feature – Detail	05/11/2018 09/05/2019
03.16 16 Rev C	Signage – Detail	05/11/2018 09/05/2019
00.05a Rev C 00.05b Rev C 00.05c Rev C	Finishes Schedule	09/05/2019

 

(2)       HOURS OF OPERATION – SENSITIVE USES

The hours of operation are regulated as follows:

(a)       The hours of operation must be restricted to between 7.00am and 108.00pm Monday to Sunday inclusive.

(b)       Notwithstanding (a) above, the use may operate between 7.00am and 12.00 midnight, Monday to Sunday inclusive for a trial period of 1 year from the date of this consent. 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

(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.

(4)       PLAN OF MANAGEMENT

The use must always be operated / managed in accordance with the Plan of Management required by deferred commencement condition (2). In the event of any inconsistency, the conditions of this consent will prevail over the Plan of Management.

An updated Plan of Management must be submitted to include details on how waste is to be collected and how deliveries and services will be managed including frequency, timing and location of parking and loading 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, or Special Investigators upon request.

(27)    DYNAMIC CONTENT SIGNS

The design of the approved dynamic content signage must comply with the following:-

(a)     The Dynamic Content Sign shall not operate between 11pm and 7am.

(b)     Any imagery shall have a dwell time of at least 10 seconds, transition time of 0.1 seconds and not be animated.

(c)     The Dynamic Content Sign, including any animation, video or moving or changing images, is not to flash, strobe, pulsate, flicker or contain fast moving images. Any animation and motion of images is to be slow and smooth at all times.

(d)     The Dynamic Content Sign is to have a default setting that will display an entirely black display area when no content is being displayed or if a malfunction occurs.

(e)     The Dynamic Content Sign is to have light sensors that automatically adjust the display brightness of the display area to ambient light conditions.

(f)      The Dynamic Consent Sign must be associated with the operation of the use and must not be used for third party advertising.

Reasons for Decision

The application was approved for the following reasons:

(A)      Sufficient evidence has been submitted to demonstrate that the site benefits from existing use rights. Approval can therefore be granted for the change from one type of retail premises to another. 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 to amend the signage design, is generally compliant with the relevant planning controls contained in the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.

(C)      Subject to design modifications, the proposal is considered to demonstrate design excellence in accordance with Clause 6.21 of the 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)      The proposal would have no impact on the significance of the heritage items within the vicinity of the site.

(F)      Deferred commencement conditions 1 and 2 were deleted as the applicant submitted revised plans which addressed the design modifications sought by Council. Condition 1 has been updated to include references to the revised plans.

(G)      Condition 27 was added to allow for a dynamic content sign subject to hours of operation, dwell and transition time, content, and brightness. The condition ensures the sign does not detract from the visual amenity of the area and displays appropriate content. 

(H)      Condition 4 was amended to extend the hours of operation to between 7.00am and 10.00pm Monday to Sunday, with a trial period to 12.00 midnight in accordance with Council’s Late Night Trading provisions of the Sydney Development Control Plan 2012.

Carried unanimously.

D/2018/1418

Speakers

Mr Mark Solomon (Plan Urbia – on behalf of the applicant), Mr Omri Zelunzuk (Sharetea – applicant).