Development Application: 62-64 Epsom Road, Zetland
Decision Maker: Local Planning Panel
Decision status: Recommendations Determined
Decisions:
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):
24 MAXIMUM CAPACITY OF PERSONS
(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.
25 HOURS OF OPERATION –
SENSITIVE USES
(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 liquor@cityofsydney.nsw.gov.au:
(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.
D/2018/508
Speakers
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: