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.
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.
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).