The Panel granted consent to Development Application
No. D/2019/179 subject to the conditions set out in Attachment A to
the subject report, subject to the following amendments to the Plan of
Management, as set out in Attachment C to the subject report (additions shown
in
bold italics and deleted text shown in strikethrough):
Premises
Management Checklist (Low Impact Premises)
FRANCA
Shop 2 / 81 MacLeay Street, Potts Point, NSW 2011
This plan of management has been prepared in accordance with City of Sydney
DCP 2012.
(a) Describe
measures that will
be taken to minimise internal and external noise
impacts on adjoining properties and how such measures will be implemented;
The following
measure will be implemented to minimise internal and external noise impacts on
adjoining properties:
·
Patrons
will be encouraged to leave the premises in a quiet and orderly manner and
loitering in front of the premises will be actively discouraged. Management and
staff will remain vigilant around the entrance/ exit of the venue until 60
minutes after close of business or the area is deemed cleared.
·
There
will be no live entertainment with music played within the venue set at a
volume set to encourage conversation.
·
Music
playing within the outdoor area will be at a volume so as not to be audible
above accepted street noise levels at any adjoining residential property.
·
The
current acoustic environment is detailed within the acoustic assessment
prepared by Renzo Tonin and Associates. Mitigation
measures required in association with this proposal are also set out in this
report, which form part of this application.
·
We
anticipate that most patrons of the venue will arrive by foot/ public
transport. We do not expect that any increase in traffic volumes and noise will
likely be appreciable.
·
Management
is to ensure that patrons do not block or congregate in the vicinity of the
entry stairs.
·
The
front door is to be in a closed position after the end of external trading
hours.
(b) Outline
the procedures for
minimising and managing
waste that is generated on site and
how and when waste will be collected (eg. disposal
of bottles, waste
removal etc.)
…
The application was approved for the following reasons:
(A) The proposed development is consistent with the objectives of the B4 Mixed Use Zone in that it contributes to a mixture of compatible land uses.
(B) The proposed development is considered appropriate to its setting and complies with the relevant planning controls contained in the Sydney Local Environmental Plan 2012 and Sydney Development Control Plan 2012.
(C) The proposed development is compatible with the character of the area and will not result in unacceptable adverse impacts upon the amenity of surrounding residential properties, subject to the recommended conditions.
(D) The Plan of Management was amended in response to concerns raised by speakers. Bullet point three on page 1 was deleted to ensure there is no music played in the outdoor area of the restaurant and two bullet points were added to restrict patrons loitering in the shared access entry area and to ensure that the restaurant doors are closed outside external trading hours. The amendments to the Plan of Management seek to protect neighbouring amenity and maintain unobstructed residential access to the building.
Carried unanimously.
D/2019/179
Speakers
Mr John Deeth (resident), Ms Kerry Gordon (Kerry Gordon Planning Services Pty Ltd – on behalf of the Strata Committee at 81 MacLeay Street, Potts Point) and Mr Dirk Anderson (on behalf of the applicant).