dev 0308 060508 - City of Ryde · 2016. 2. 1. · Development Committee Agenda No. 3/08, dated 6 May 2008. ITEM 2 (Continued) Section 79C 'Matters for Consideration' Comments Section

Development Committee

AGENDA NO. 3/08

Meeting Date: Tuesday, 6 May 2008 Location: Committee Room No. 3, Fifth Floor,

Civic Centre, 1 Devlin Street, Ryde Time: 4.00pm Note: Any matters not determined at the meeting will be considered by Council at its meeting to be held on Tuesday, 13 May 2008.

NOTICE OF BUSINESS Item Page 1 CONFIRMATION OF COMMITTEE REPORT ..................................................... 1 2 107 EPPING ROAD, MACQUARIE PARK. LOT 50, DP 1109955.

Erection of an illuminating business identification sign. LDA 75/2008 INSPECTION 4.20PM & INTERVIEW 5.00PM ................................................ 2 3 6 EDEN PARK DRIVE, MACQUARIE PARK. LOT: 11 DP: 1043041.

Local Development Application for Commencement of use and fitout of tenancy 1 as a cafe. LDA 213/2008.

INSPECTION 4.40PM & INTERVIEW 5.10PM .............................................. 25 4 385-395 VICTORIA ROAD, GLADESVILLE. LOT: 101 DP: 749090.

Section 96 Application to amend Development Consent to extend the operating hours of the drive-through at McDonald's to 24 hours 7 days a week. LDA 702/2006.

INTERVIEW 5.15PM ..................................................................................... 48

Development Committee Page 1

Development Committee Agenda No. 3/08, dated 6 May 2008.

1 CONFIRMATION OF COMMITTEE REPORT RECOMMENDATION: That the report of the meeting of the Development Committee No. 2/08 held on 1 April 2008, be confirmed.



2 107 EPPING ROAD, MACQUARIE PARK. LOT 50, DP 1109955. Erection of an illuminating business identification sign. LDA 75/2008

INSPECTION 4.20PM INTERVIEW 5.00PM

Report prepared by: Major Development Manager Report approved by: Manager Assessment Report dated: 15 April 2008 File No. LDA08/75 The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary

Applicant: Claude Group. Owner: Stockland Trust Management. Date lodged:5 January 2008. Purpose: This report considers a proposal to erect a business identification

pylon sign. Cost of Development: $150,000.00

Reason for Referral to Development Committee: The application was called to Committee by Councillor Campbell. Public Submissions: Four (4). 2. Site : The site is known as the Optus Campus located across

Paul Street North to the north. Refer to attached map. Address : Lot 50, DP 1109955, No. 107 Epping Road, Macquarie Park Site Area : 7.6ha Frontage : Combined – 304m Depth : 195m Topography and Vegetation Raised grass verge with sporadic, newly planted trees and

shrubs. Existing Buildings The Optus Campus consists of newly constructed office

blocks of approximately five (5) storeys in height. Planning Controls Zoning : Business Special 3f - LEP 137 Other : SEPP No. 64; DCP 2006; and Macquarie Park Corridor

DCP.



ITEM 2 (Continued) 3. Councillor Representations: Name of Councillor: Councillor Campbell Nature of the representation: Request by Councillor Campbell for referral to Committee. Date: 7 March 2008 Form of the representation (e.g. via email, meeting, phone call): email On behalf of: Resident (objector to the proposal). Any other persons (e.g. consultants) involved in or part of the representation: No. 4. Proposal Consent is sought for the erection of a Business Identification Sign to be located adjacent to the south-eastern corner of the site occupied by Optus. The 6.5m² sign has the appearance of a swing-like structure in that it consists of two diagonally opposed 6.0m long metal supports mounted on concrete plinths with approximately 24 steel cords stretched between the two supports. The internally illuminated acrylic words ‘Yes’ Optus are suspended on these cords to face in a south-easterly direction along Epping Road. The wording is illuminated by 12 volt light-emitting-diodes (LEDs) and is powered by 240 volts. The sign will have the following dimensions (refer plan 06210-S02(F) dated Jan 2007): Height Total (including support anchors) Lettering

6.0m 0.75m height per letter

Depth Total (including support anchors) Lettering

2.2m 0.1m

Length Total (including support anchors) Lettering

11m 4.2m

Four(4) flood lights are sited at regular intervals below the length of the signage structure to illuminate the sign from the ground. Lighting is to be diffused and will gradually alternate through white, blue and green filters. Barn doors are fixed to either side of each flood light to contain any light spillage from the sides and towards Epping Road. The immediate area surrounding the signage is to be landscaped to avoid casual access to the sign and flood lighting.



ITEM 2 (Continued) 5. Background On 7 August 2007 Council’s Public Facilities & Services Committee recommended, that ‘in principle’ support was given to the removal of the Eucalyptus tree which is located at the site of the proposed sign, subject to the subsequent approval of a development application for the sign (the current application).

6. Consultation – Internal and External Internal Referrals: None applicable. External Referrals: The application was referred to the Roads & Traffic Authority (RTA) who do not have any objection to the proposal subject to the sign not possessing: • Flashing lights; • Electronically changeable messages; • Animated display, moving parts or simulated movement; • Complex displays that hold a drivers attention beyond ‘glance appreciation’; • Displays resembling traffic signs or signals; and • A method and level of illumination that distracts or dazzles. The development does not contain any points raised above. However, Condition No. 16 has been applied which includes the above restrictions. 7. Submissions The proposal was notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised on 5 March 2008. Notification of the proposal was from 5 March 2008 until 20 March 2008. Six (6) submissions were received in response to the notification. The issues raised in the submissions are as follows:



ITEM 2 (Continued) Scope of notification The submission claims that the scope of the notification was inadequate. The notification of this development was conducted in accordance with the requirements stipulated under the City of Ryde DCP 2006. Given the minor scale of the development and its distance from the residential area (93m to 99m) it was considered unnecessary to expand the scope of notification in this instance. This matter does not have any determining weight. Loss of amenity The submission claims that the location and lighting of the sign will have an adverse impact upon the adjacent residential area. Reference has been made to the “Avaya” sign located on the property at No. 2 Lyon Park Road. However, the development and the “Avaya” sign cannot be considered to be similar as the development consists of a ground-mounted sign with a diffused lighting system. A site inspection of the sign and of the nearest residential properties revealed that there will be negligible impact due to the distance (93m to 99m), the heavy screening of trees surrounding the residential property in question and the offset of the sign to the habitable room windows of that same residential property. This matter does not have any determining weight. Environmental sustainability The submission claims that the proposed 24-hour operation of the sign will result in energy wastage. A condition has been applied which requires that the sign be turned off at 11.00pm each night which will address this issue. Car parking The submission raises the car parking at the Optus campus as an issue. However, it is not made clear how this issue relates to the proposed sign and is not considered to have any determining weight on this application. Property values The submission claims that the installation of the submission could result in a decline of residential property values. The consideration of property values is not within the scope of the Environmental Planning & Assessment Act, 1979, the City of Ryde Planning Scheme Ordinance or the Ryde and, therefore, is not an assessment criteria. This matter does not have any determining weight.



ITEM 2 (Continued) 8. Statutory Requirements a) Environmental Planning & Assessment Act, 1979 Section 79C – Matters for Consideration The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act, 1979, are: Section 79C 'Matters for Consideration'

Comments

Section 79C (1) (a)(i) – Provisions of any Environmental Planning Instrument

See discussion on “Ryde Planning Scheme Ordinance” in this report.

Section 79C (1) (a)(ii) – Provisions of any Draft Environmental Planning Instrument

Refer to discussions on Draft Environmental Planning Instruments in the body of the report.

Section 79C (1) (a)(iii) – Provisions of any development control plan

The application was notified in accordance with the provisions of City of Ryde Development Control Plan 2006. Refer to Section 7 of this report.

Section 79C (1) (a)(iiia) - Provisions of any Planning Agreement or Draft Planning Agreement

None applicable.

Section 79C (1) (a)(iv) - Provisions of the Regulations

Clause 7 of the EPA Regulations 2000 requires the consent authority to consider the provisions of the Building Code of Australia.

Section 79C (1) (b) – The likely impacts of the development, including environmental impacts on the natural and built environment and social and economic impacts in the locality

(i) The environmental impacts of the proposed development on the natural and built environment are addressed under the General Principles of Development Control in this report.

(ii) The proposed development will not have a detrimental social impact in the locality considering the residential character of the proposal.

(iii) The proposed development will not have a detrimental economic impact on the locality considering the residential nature of the existing and proposed land use.



ITEM 2 (Continued) Section 79C 'Matters for Consideration'

Comments

Section 79C (1) (c) – The suitability of the site for the development

The site is considered suitable for the proposed development.

Section 79C (1) (d) – Any submissions made in accordance with the EPA Act or EPA Regs

In regards to public submissions refer to the Refer to Section 7 of this report.

Section 79C (1) (e) – The public interest

The wider public interest is served by the continued maintenance of the site, and its ability to provide an appropriate land-use within this locality.

b) State Environmental Planning Policies (SEPP’s) State Environmental Planning Policy No. 64 – Advertising and Signage Clause 6 of the SEPP indicates the types of signs that fall within the scope of the policy. The proposed sign (business identification) is of a type that is subject to the requirements of the policy. Clause 8 of the SEPP provides the matters to be considered as part of the assessment of the development application. Council must consider the signs in terms of the objectives of the policy and the assessment criteria provided in Schedule 1. Schedule 1 of the SEPP considers such matters as the character of the area, special areas, views and vistas, streetscape setting or landscape, site and building, associated devices and logos with advertisements and advertising structures, illumination, and safety (similar to the requirements under Clause 42 of RPSO). The sign is consistent with the Objectives of the SEPP and therefore considered to be satisfactory, having regard to the Aims and Objectives of SEPP 64 Advertising and Signage. c) Regional Environmental Plans (REP’s) There are no REP’s applicable to this development. d) Local Environmental Plans (LEP’s) Ryde Planning Scheme Ordinance (LEP No. 137)



ITEM 2 (Continued) Zoning Business Special 3f - LEP 137. Business Identification Signs relating to the approved use of the site is permissible with the consent of Council. Clause 42 – Advertising Signs This clause of the Ordinance applies to the erection of advertising signage. The following matters must be taken into account: Matters for Consideration Comment CompliantAn advertising sign may only provide information about a business, industry or profession carried on where it is displayed.

The sign includes the lettering ‘Yes’ Optus which identifies the nearby location of the Optus campus within Macquarie Park.

Yes



ITEM 2(Continued) Matters for Consideration Comment CompliantIn considering an application for consent for the display of an advertising sign, the Council must consider: • The effect of the sign on the amenity

of the locality, including the need to avoid visual disorder or clutter of signs;

• The effect of the sign on the built environment or the landscape;

• The need for the sign and the opportunities for adequately displaying it on the site;

• The advertising pattern and theme in the locality and the number of signs of the same type;

• The effect of the sign on existing advertising signs;

• The size and likely impact of the sign, having regard to the size of the premises on which it is to be displayed and the scale of surrounding buildings;

• The effect of the sign on the safety and security of premises and public areas; and

• The effect of the sign on the appearance, efficiency and safety of a road, railway, waterway or other public way, having particular regard to the sign’s colour, brightness and location.

These matters are discussed in the following tables. It has been identified that the development will introduce a new level of illumination into the area and, as such, it is considered appropriate to apply a condition of consent requiring that the lighting be turned off at 11.00pm each night.

Yes Subject to condition



ITEM 2 (Continued) Clause 93 – Macquarie Park Corridor This clause of the RPSO applies to all land within the Macquarie Park Corridor (MPC). The site is located within the MPC and, as such, it is a requirement of this clause that Council must not grant consent to development of land to which this clause applies unless it has considered whether the development complies with the Planning Principles and Objectives for the Corridor. The sign is considered satisfactory in terms of the overall Objectives of the MPC as it promotes the identification of commercial facilities within the area. e) Development Control Plans City of Ryde Development Control Plan 2006 (Part 9.1) This sign complies with the majority of Council’s requirements. The sign has been assessed against the design criteria prescribed under the DCP as indicated in the table below: Requirement Comment CompliantSign to be definable as either: Pylon Sign Business Directory Board Sign Directional Sign Flush Wall Sign Panel Sign Plinth Sign Real Estate Sign Temporary Sign

The sign is defined as a ‘pylon sign’.

Yes

Maximum height – 6.0m Maximum area at base – 12.0m One sign per building frontage

6.0 12.0m

Yes Yes

Sign to be sited in a landscaped setting. The base area of the site will be landscaped.

Yes



ITEM 2 (Continued) Requirement Comment CompliantIllumination of the sign will be considered on its merits (ie location of the sign, proximity to a main road, hours of operation, preference for ‘up’ lighting).

The location of the sign is situated between 93m – 99m from the nearest residential area on the opposite side of Epping Road. An inspection revealed that the diffused level of lighting and its siting at ground level would result in minimal impact considering the above-mentioned distances. However, it is acknowledged that the white lettering will produce a brighter appearance than is currently evident. In this regard, a condition is recommended requiring the lighting to the sign be turned off at 11.00pm each night.


Pylon signs are not permitted where signs are capable of being placed on a building which is within 5.0m of a road frontage.

There are no buildings situated within 5.0m from the Paul Street North or Epping Road frontage.

Yes

Macquarie Park Corridor Development Control Plan (Draft) This sign complies with the majority of Council’s requirements. The sign has been assessed against the criteria prescribed under the DCP as indicated in the table below:



ITEM 2 (Continued) Requirement Comment CompliantDesign, size, proportions, materials and finishings of the sign to effectively integrate with the design, scale, proportion and architecture of the business park.

The design, size, proportion, materials and finishings of the sign are commensurate to the innovative architectural built forms of Macquarie Park

Yes

Sign to provide clear and legible way-finding for building occupants and visitors.

The sign is not designed to provide direction but it does effectively convey, through its position, the location of the Optus building.

Yes

Sign to communicate effectively and not detract from the visual quality of the public domain.

The sign communicates the proximity of Optus and, because of its visually permeable design, does not detract from the visual quality of the public domain of Epping Road.

Yes

Sign to be constructed from non-combustible materials (concrete base, aluminium frame, metal cladding, florescent lighting, acrylic face with vinyl or painted lettering).

The sign is manufactured from non-combustible materials.

Yes

Sign to avoid physical and visual clutter. The visually permeable design diffuses the impact of the structure and thereby minimises visual clutter.

Yes



ITEM 2 (Continued) Requirement Comment CompliantSign not to include flashing illumination. The sign does not

include flashing illumination. All lighting is managed in a transitional manner to avoid distraction to oncoming motorists.

Yes

Sign not to be located adjacent to, or close to, residential areas where the sign may cause glare impact.

The location of the sign is situated between 93m – 99m from the nearest residential area on the opposite side of Epping Road. An inspection revealed that the diffused level of lighting and its siting at ground level would result in minimal impact considering the above-mentioned distances. However, it is acknowledged that the white lettering will produce a brighter appearance than is currently evident. In this regard, a condition is recommended requiring the lighting to the sign be turned off at 11.00pm each night.


f) Relevant Draft LEP’s There are no Draft LEPs applicable to this development. 9. Section 94 Contributions Plan 2007 Section 94 Contributions are not relevant to this application.



ITEM 2 (Continued) 10. Management Plan Linkages Relationship to Key Outcome Areas People This development meets the key outcomes for People (set out on pages 32-33 of the Management Plan 2007-2010): • A vibrant City that is healthy, physically attractive, economically strong and

engages its community through cultural and social activities. • A City that plans for people by identifying their diverse needs and involving them

in decision making to improve their quality of life. • A harmonious community through a culturally enriched and respectful society. Comment: The processing of the application has involved the community in the notification and through consideration of the submissions received in response. Assets This development application meets the key outcomes for Assets (set out on pages 34-35 of the Management Plan 2007-2010): • Well designed streets and paths where motorists, cyclists and pedestrians feel

safe. • Well designed places and spaces that minimise personal harm and where people

interact with each other, so that crime is reduced. • A high standard of visual appearance as there is no litter or graffiti, and we care

for our public infrastructure and public areas. Comment: The development will provide a high level of appearance through an innovative and creative design solution to signage for the Macquarie Park area. The development will not adversely impact upon the safety of pedestrians, cyclists or motorists. Environment The development meets the key outcomes for Environment (set out on pages 36-38 of the Management Plan 2007-2010): Attractive streets, public places and buildings through better planning and design

which is responsive to community expectations and our local environment.



ITEM 2 (Continued) Sustainable practices in buildings, waste management, transport, energy systems

and water use through community commitment. Comment: The development will provide a positive and creative design solution to an otherwise traditionally unattractive use which is commensurate to the architectural innovation and attractive streetscapes found in the Macquarie Park commercial area. Governance The development meets the key outcomes for Governance (set out on pages 39-41 of the Management Plan 2007-2010): • Improved communication with the community and increased awareness and

understanding of Council’s decisions by the community. • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • Incorporation of best practice approaches in the delivery of services to the

community. • A safe and harmonious working environment with skilled and motivated staff who

embrace the organisation's vision and values. • Compliance with all legislative requirements and statutory obligations. Comment: The processing of the application has involved the community in the notification and through consideration of the submissions received in response. The assessment of the application has found that the proposal is compliant with all legislative requirements and Council has met all statutory obligations in the processing of this application. 11. Critical Dates There are no critical dates or deadlines to be met. 12. Financial Impact There will be no on-going costs of maintaining this development.



ITEM 2 (Continued) 13. Conclusion: The proposal complies with the requirements under SEPP 64 & the RPSO. The proposed sign is consistent with the objectives of the Part 9.1 of DCP 2006 and will facilitate the identification of the site/building and is considered appropriate for approval subject to a special condition limiting the operating hours of the sign’s illumination to between 6.00am to 11.00pm Monday to Sunday. RECOMMENDATION: (a) That Local Development Application No.75/2008 for the erection of an

illuminated business identification sign at Lot 50, DP 1109955, No. 107 Epping Road, Macquarie Park be approved subject to the following conditions which includes restricting illumination after 11.00pm.

1. The development is to be carried out in compliance with the following plans and

documentation listed below and endorsed with Council’s stamp, except where amended by other conditions of consent:

Drawing Dated 6064 51041/B-2 (A) Illuminated Display Claude Group

27/04/2007

6064 51041/B-3 (A) Illuminated Display Claude Group

27/04/2007


27/04/2007


27/04/2007

6064 51041/B-6 Site Plan Detail A Claude Group

24/09/2007

06210-S02(F) Plan & Elevations O’Hearn Consulting

01/02/2008

06210-S05 (E) Details Sheet 2 O’Hearn Consutling

01/02/2008

No construction works (including excavation) shall be undertaken prior to the release of the Construction Certificate.

2. A copy of all stamped approved plans, specifications and documents (including the Construction Certificate if required for the work incorporating certification of conditions of approval) shall be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principle/Accredited Certifier.



ITEM 2 (Continued) 3. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Amendment Act, 1997 are to be complied with: a) A Construction Certificate is to be obtained in accordance with Section

81A (2)(a) of the Act. b) A Principal Certifying Authority is to be appointed and Council is to be

notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

c) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.

4. The applicant may apply to the Council or an accredited certifier for the issuing

of a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s.

Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

5. All advertising signs are to be displayed in the English language but may include a translation into another language using letters or characters that are no larger than the English language letters or characters.

Any translated message must be accurate and complete.

No amendment to the size of a sign will be permitted to allow for both the English and translated language to be displayed.

6. The term of this Consent is limited to a period of two (2) years from the date of

approval. The consent will lapse if the development does not commence within this time.

7. The applicant is advised that any erection of signs on advertising structures not

indicated on the development consent plans requires the submission of a new development application to Council.

8. An Enforcement levy is to be paid to Council on lodgement of the

Construction Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).



ITEM 2 (Continued) 9. Documentary evidence of payment of the Long Service Levy under Section 34

of the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

10. The applicant is to submit to and have approved by Council or an accredited

certifier engineer’s details for all concrete work and structural steelwork prior to the issue of the Construction Certificate.

11. Certification is to be provided with the Construction Certificate by a Structural

Engineer that the proposed method of anchorage of the signs is structurally adequate having regard to their size, type and location.

12. Pruning or removal of street trees, without written Council consent, is not

permitted. Where works are deemed necessary, Council MUST be contacted and written consent obtained PRIOR to any works being carried out.

13. Where a street tree sustains damage during the construction process, Council

must be notified within five (5) working days. Such notification can be made by contacting the Customer Service Centre on 9952 8222. between 8:30am and 4:30pm Monday to Friday.

14. The hours of operation of the proposal is restricted to between 6.00am to

11.00pm Monday to Sunday inclusive. No illumination is permitted outside of these hours. The applicant is to provide details of how this condition will be complied with and monitored to Council prior to the issue of the Construction Certificate.

15. The lighting of the proposal shall be directed so as not to cause nuisance to the owners or occupiers of adjacent residential premises or to motorists on adjoining or nearby roads. All proposed lights shall comply with the Australian Standard AS 4282-1997: Control of the Obtrusive Effects of Outdoor Lighting.

16. The sign is not to contain any of the following:

• Flashing lights; • Electronically changeable messages; • Animated display, moving parts or simulated movement; • Complex displays that hold a drivers attention beyond ‘glance

appreciation’; • Displays resembling traffic signs or signals; and • A method and level of illumination that distracts or dazzles.



ITEM 2 (Continued) (b) That the persons who made submissions be advised of Council's decision. Report prepared by: Tony Collier Major Development Manager Report approved by: Liz Coad Manager Assessment Environment & Planning



ITEM 2 (Continued) Indicates submission received Other submissions received outside map area

COPYRIGHT

© 2008 City of Ryde.© 2008 Land and Property Information NSW.

ALL RIGHTS RESERVED

No part of this map may be reproduced without written permission.

75/2008Development Application

City of RydeCivic Centre, 1 Devlin StreetRYDE NSW 2112

Locked Bag 2069NORTH RYDE NSW 1670

Tel: 9952 8222 Fax: 9952 8070

E-mail: [email protected]: www.ryde.nsw.gov.au

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ITEM 2 (Continued)



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3 6 EDEN PARK DRIVE, MACQUARIE PARK. LOT: 11 DP: 1043041. Local Development Application for Commencement of use and fitout of tenancy 1 as a cafe. LDA 213/2008.

INSPECTION 4.40PM INTERVIEW 5.10PM

Report prepared by: Senior Town Planner Report approved by: Manager Assessment Report dated: 15 April 2008 File No. LDA08/213

The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary

Applicant: Brenchley Architects. Owner: Investa Properties Limited Date lodged:3 April 2008.

This report considers a proposal for the establishment of a café on the ground floor of a commercial building located at 6 Eden Park Drive. The café is not located adjacent to a residential area and will operate during similar hours to the commercial uses in the locality. Due to the location and the operating hours, the café will primarily service the employees of the Macquarie Park Corridor. The development complies with all of the legislative requirements and is recommended for approval. Reason for Referral to Development Committee: Requested by Councillor Butterworth. Public Submissions: Notification was not required. 2. Site (Refer to attached map.)

Address : 6 Eden Park Drive MACQUARIE PARK Site Area : 6816m2

Frontage 35.685 metres to Waterloo Road and 127.43 metres to Eden Park Drive.

Topography and Vegetation : The site contains no significant vegetation and is

relatively flat.



ITEM 3 (Continued)

Existing Buildings :There are 3 separate buildings on the site. Two of these buildings are 6 storey commercial buildings and the remaining building is a single storey café. The development is proposed on the ground floor of the 6 storey building located on the northern part of the site. Planning Controls Zoning :Business Special 3(g) Other :Ryde Planning Scheme Ordinance Development Control plan 2006 Draft Development Control Plan 55 – Macquarie Park

Corridor. 3. Councillor Representations: Name of Councillor: Councillor Butterworth Nature of the representation: Request that the DA be referred to the development committee and that an inspection of the site be undertaken. Date: 14 April 2008 Form of the representation (e.g. via email, meeting, phone call): Email On behalf of applicant or objectors? Not known. Any other persons (e.g. consultants) involved in or part of the representation: No. 4. Proposal Development consent is sought for the establishment of a use and fitout for a café on the ground floor of the existing building. The cafe will provide indoor seating for 16 persons. Outdoor seating is also proposed for 16 persons. This seating will be located beneath the building and will not be located within the public domain. The hours of operation are proposed as follows: 7.00am to 6.00pm Monday, Tuesday, Wednesday and Friday; 7.00am to 11.00pm Thursdays; and 8.00am to 4.00pm Saturdays. No external signage is proposed.



ITEM 3 (Continued) 5. Background Development consent 817/04 was granted on 26 November 2004 for the erection of a 6 storey building and associated carparking. Development consent was granted on 14 December 2006 for a change of use of 289m2 of the ground floor from commercial use to retail use as well as the addition of 8 car parking spaces to accommodate the retail uses. The current development application was lodged on 3 April 2008. 6. Submissions Notification of the development application to adjoining owners and occupiers is not required in accordance with the public notification provisions of RDCP 2006. 7. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: (a) Ryde Planning Scheme Ordinance

Zoning The subject site is zoned Business Special 3(g) under the provisions of the Ryde Planning Scheme Ordinance. A use that is permitted in this zone includes any purpose included in Schedule 12. Schedule 12 includes any purpose which is primarily intended to service: a) The daily convenience needs of employees of and visitors to the land and

may include shops, restaurants, professional or personal services, recreation facilities and the like; or

b) The needs of businesses and organisations within the vicinity of the land and may include business services, clubs, conference and meeting facilities and the like.

The proposed development is for the fitout and use of a cafe. This use will service the daily convenience of the employees of the building and surrounding area. This use is permissible in the zone.



ITEM 3 (Continued) Mandatory Requirements Clause 93 – How will the built form of development be controlled?

This clause of the Ordinance enunciates the matters contained within Part 10 of RPSO to be considered prior to the granting of consent.

Council must take into consideration: • The planning principles as set out in Schedule 18; • The objectives as set out in Schedule 18; • The objectives and development standards for floor space ratio as set out in

clause 96; • The objectives and development standards for building height as set out in

clause 97; • The objectives and development standards for off street car parking as set

out in clause 98.

These matters are discussed below.

Planning Principle Comment Environmental Principles To strongly define the public domain and active street frontages in the areas surrounding the proposed railway stations, by close alignment of buildings to the street edge and selection of appropriate street-front uses.

The ground floor of the approved building has been designed to encourage the active street frontages. The provision of a café on the ground floor will reinforce this principle.

To encourage the creation of common spaces within private developments that promote social interaction.

The café is likely to service the daily needs of employees and visitors to the site. This will promote the opportunity for social interaction.

Clause 94 – Objectives for the Macquarie Park Corridor The objectives for the Macquarie Park Corridor as identified in Clause 94 are as follows:

(a) To promote Macquarie Park Corridor as a premium location for globally

competitive businesses with strong links to the university and research institutions and an enhanced sense of identity; and



ITEM 3 (Continued)

(b) To implement the State Government’s strategic objectives of integrating land use and transport, reducing car dependency and creating opportunities for employment in areas supported by public transport; and

(c) To guide the quality of future development in the Corridor; and (d) To ensure that the Corridor is characterised by a high quality, well designed

and safe environment that reflects the natural setting, with three accessible and vibrant railway station areas providing focal points; and

(e) To ensure that residential and business areas are better integrated and an improved lifestyle is created for all those who live, work and study in the area.

This development represents the establishment of a use on the ground floor of part of the approved building. For this reason some of the objectives for the Macquarie Park corridor are not applicable to the development. The café usage will contribute to the building having an active street frontage as well as contributing to the character of the Macquarie Park corridor. The development is not inconsistent with the above objectives. Clause 96 - Floor Space Ratios

As this development application is for the establishment of a use within the building there will be no changes to the floor space ratio of the building.

Clause 97- Height of Buildings The height of the building will not be changed as a result of this development application.

Clause 98 – Car Parking Restrictions This clause of the Ordinance states the off-street parking requirements for commercial and industrial development on land within Macquarie Park Corridor must not exceed the rate shown within Macquarie Park Corridor – Parking Restrictions” deposited in the office of the Council.

No reference is made to retail uses or cafes. To determine the appropriate car parking for the cafe, it is necessary to refer to DCP 2006. The DCP requires that where a change of use is proposed, the difference in the number of car parking spaces between the approved use and the proposed use if the proposed use generates a greater number of car parking is required to be provided.



ITEM 3 (Continued) The approved use was retail which requires 1 space per 25m2 of floor area accessible to the public. A retail use would generate the need for 3 car parking spaces. A restaurant or café would generate the need for 1 car parking space per 5m2 of dining area which is equivalent to 3 car parking spaces. As the café will generate the same number of car parking spaces as the retail use, no additional car parking is required to be provided on the site. Clause 102 Retail activities in Zone No 3(g) Business Special (Employment)

This clause states that retail activities carried out on any 3(g) zoned land must be located on the ground floor level and must not exceed 2000m2. The development has a floor area of 106m2 and complies with this requirement.

(b) Relevant SEPPs There are no relevant State Environmental Planning Policies that would affect the proposed section 96 application. (c) Relevant REPs There are no relevant Regional Environmental Plans that would affect the proposed Section 96 application. (d) Any draft LEPs Draft Macquarie Park Corridor DCP No 55 The draft DCP was publicly exhibited on 15 February 2008. The DCP is designed to provide further built form controls and urban design guidelines for the Corridor. As this development application is for the establishment of a café and the associated fitout of the café, most of the controls in the draft DCP are not applicable to the proposed development. The only applicable control is waste management. All applications are required to provide a waste management plan that specifies the type of wastes to be produced and the proposed arrangements for ongoing waste management and collection and disposal. This has been submitted and is in accordance with the Council’s requirements.



ITEM 3 (Continued) (e) Any DCP

City of Ryde Development Control Plan 2006: Part 9.2 – Access for People with Disabilities The proposal does not change any existing access arrangements. The premises have existing arrangements for disabled access.

8. Likely impacts of the Development

The proposed development does not involve any extensions to the existing building. Accordingly there will be no further impacts on the amenity of the locality. As the use of the building is permitted in the zoning and is compatible with the other surrounding uses, there will be no adverse impact on either the built or the natural environment. The proposal does not involve any increase to the extent of car parking to be provided on the site in respect to the original development consent. The hours of operation will be 7.00am to 6.00pm Mondays to Fridays with extended trading until 11.00pm on Thursdays and 8.00am to 4.00pm on Saturdays. The development is unlikely to affect the amenity of any residential properties.

9. Suitability of the site for the development

The site is not classified as a heritage item or subject to any natural constraints such as flooding or subsidence. In this regard, the proposal is considered to be suitable for the site in terms of the impact on both the existing natural and built environments.

10. The Public Interest

The proposal is not considered to adversely impact upon the interest of the public.

11. Management Plan Linkages Relationship to Key Outcome Areas People This matter has no direct relationship to this key outcome area.



ITEM 3 (Continued) Assets The assessment of this development application meets the following key outcomes for Assets (set out on pages 34-35 of the Management Plan 2007-2010): • Well designed places and spaces that minimise personal harm and where people

interact with each other, so that crime is reduced. Comment: The café on the ground floor will contribute to the ground floor of the building having an active street frontage. Environment This matter has no direct relationship to this key outcome area. Governance The assessment of this development application meets the key outcomes for Governance (set out on pages 39-41 of the Management Plan 2007-2010): • Incorporation of best practice approaches in the delivery of services to the

community. • Compliance with all legislative requirements and statutory obligations. • An efficient and effective regulatory environment. Comment: The development application has been assessed in terms of the legislative requirements as well as the statutory obligations. Where appropriate, the development application has been conditioned to ensure compliance with these legislative requirements. 12. Consultation – Internal and External Internal Referrals: Environmental Health Officer: Council’s Environmental Health Officer has raised no objection to the application subject to appropriate conditions of consent. Building Surveyor: Council’s Building Surveyor has raised no objection to the application subject to appropriate conditions of consent. 13. Critical Dates There are no critical dates or deadlines to be met.



ITEM 3 (Continued) 14. Financial Impact Adoption of the option outlined in this report will have no financial impact. 15. Other Options Nil. 16. Conclusion: The development application is for the establishment of use and fitout for a café on the ground floor of the building. The use is permissible in the zoning and the development complies with all legislative requirements. The café will not affect the amenity of any residential properties. Accordingly, the application is recommended for approval. RECOMMENDATION: (a) That Local Development Application No.213/2008 at 6 Eden Park Drive

MACQUARIE PARK being LOT: 11 DP: 1043041 be approved subject to the following conditions;

GENERAL 1. Development is to be carried out in accordance with plan numbered 2008-012-

A00 to 2008-012-A06 drawn by Brenchley Architects and support information submitted to Council.

2. All building works are required to be carried out in accordance with the provisions

of the Building Code of Australia. 3. Prior to commencing any construction works, the following provisions of the

Environmental Planning and Assessment Act, 1979 are to be complied with:

(a) A Construction Certificate is to be obtained in accordance with Section 81A (2)(a)of the Act.

(b) A Principal Certifying Authority is to be appointed and Council is to be notified of the appointment in accordance with Section 81A (2)(b) of the Act and Form 7 of Schedule 1 to the Regulations.

(c) Council is to be notified at least two (2) days prior to the intention to commence building works, in accordance with Section 81A (2)(c) of the Act and Form 7 of Schedule 1 to the Regulations.



ITEM 3 (Continued) 4. The applicant may apply to the Council or an accredited certifier for the issuing of

a Construction Certificate and to Council or an accredited certifier to monitor compliance with the approval and issue any relevant documentary evidence or certificate/s. Council Officers can provide these services and further information can be obtained from Council by telephoning 9952 8222 (Customer Service).

5. All advertising signs are to be displayed in the English language but may include a

translation into another language using letters or characters that are no larger than the English language letters or characters. Any translated message must be accurate and complete. No amendment to the size of a sign will be permitted to allow for both the English and translated language to be displayed.

6. The shop front may incorporate only see-through security grilles or translucent

barriers to ensure maximum light is transmitted to footpath areas. Metal or roller shutter doors are not permitted. Development consent is required for any security grilles or translucent barriers.

Food Premises: 7. Construction and fit-out of food premises - The construction and fitout of all

new food premises, and renovations or alterations to any existing food premises, must comply with the requirements of:

(a) Food Safety Standard 3.2.3 Food Premises and Equipment; and (b) Australian Standard AS 4674 - 2004 Design, construction and fit-out of

food premises. 8. Construction of walls - The walls of the premises must be constructed of brick,

concrete blocks, preformed panels filled with suitable material or other solid materials.

9. Wall finishes in food preparation areas - The walls in food preparation areas

must be finished with glazed tiles, stainless steel or aluminium sheeting, laminated thermosetting plastic sheeting, polyvinyl sheeting with welded seams or similar impervious material.



ITEM 3 (Continued) 10. Wall finishes in other areas - Wall finishes in areas used for the storage of open

food (including coolrooms) must meet the requirements for wall finishes in food preparation areas. In other areas, including storage rooms for packaged goods, whole fruits and vegetables, and equipment, the walls must be finished with an impervious material that is suitable for the use of the area.

11. Fixing of wall finishes - The wall finishes must be adhered directly to the wall to

provide a smooth even surface free of buckles, ledges, fixing screws, open joints, cracks or crevices.

12. Construction of ceilings - Ceilings in food preparation and storage areas must

be constructed of painted plasterboard or other suitable impervious material finished to a smooth even surface free of holes, open joints, cracks or crevices.

13. Drop-in panel ceilings - Drop-in panel ceilings are not permitted over food

preparation areas and areas where open food is displayed or served. 14. Floor finishes in food preparation areas - The floors in food preparation areas

must be finished to an even surface with ceramic tiles with epoxy grout joints, polyvinyl sheeting with welded seams, epoxy resin or similar impervious material.

15. Floor finishes in other areas - Floors in storage areas for open food (including

coolrooms) must meet the requirements for floors in food preparation areas. In other areas, including storage rooms for packaged goods, whole fruits and vegetables, and equipment, the floors must be finished to an even surface with an impervious material that is suitable for the use of the area.

16. Coving - In food preparation areas and areas where wet cleaning is carried out

the floors must be coved at the intersections with the walls and any exposed plinths.

17. Floors to be graded to floor wastes - In areas where liquids are likely to be

discharged onto the floor or wet cleaning is carried out the floors must be graded to floor wastes connected to the sewerage system.

18. Dry basket arrestors - All floor wastes in food preparation areas must be fitted

with a dry basket arrestor complying with the requirements of Sydney Water Corporation.

19. Hose connections - Hose connections must be provided on the premises where

floors or equipment are to be hosed.



ITEM 3 (Continued) 20. Coolrooms- All coolrooms must be designed and constructed in accordance with

the following requirements: (a) The wall and ceiling panels must be finished with a smooth-faced

impervious material (eg. non-corrosive aluminium, stainless steel or polyester sheeting) adhered directly to the insulating core, and must be neatly cut and joined to provide a tight water repellent seal.

(b) The floor must be constructed of concrete at least 75mm thick, graded to the doorway, coved at the intersections with the walls and finished with an impervious material.

(c) The door must be capable of being opened from inside the room at all times without the use of key.

(d) The room must be fitted with an alarm device that is only operable from inside the room and is clearly audible outside room.

(e) The room must be fitted with an external temperature gauge accurate to +/-1oC to enable the temperature inside the room to be monitored.

21. Provision for installation of kitchen exhaust systems - Adequate provision

must be made for the installation of kitchen exhaust systems to the proposed cafe.

22. Lighting - The premises must be provided with adequate lighting for the activities

carried out on the premises. 23. Light fittings - Light fittings in areas where exposed food is displayed or handled

must be designed and constructed: (a) to facilitate easy cleaning and prevent the accumulation of dust or the

harbourage of pests; and (b) prevent the contamination of food if the globe or tube shatters.

24. Pipes, conduits and electrical wiring - Where possible all service pipes,

conduits and electrical wiring must be concealed in floors, plinths, walls or ceilings. Alternatively, service pipes and conduits may be fixed on brackets at least 25mm clear of any adjacent vertical surface and at least 100mm clear of any adjacent horizontal surface.

25. Penetrations for services - All penetrations for service pipes, conduits and

electrical wiring must be sealed to prevent the entry of pests. 26. Cavities and voids - Any inaccessible cavities and voids (eg. between coolrooms

and adjacent walls and ceilings) must be suitably sealed so that they are inaccessible to pests.



ITEM 3 (Continued) 27. Hand washing facilities - Hand basins must be provided where exposed food is

handled, in equipment washing areas and in or adjacent to toilet cubicles. The hand basins must be readily accessible, of a size that allows easy and effective hand washing, and fitted with hands-free taps and a common spout for the supply warm running water.

28. Hand drying facilities - A towel dispenser that dispenses single-use paper

towels or other suitable hand drying facilities must be provided at each hand basin.

29. Facilities for cleaning and sanitising equipment - A dish washing machine

and/or adequate sinks must be provided on the premises for washing and sanitising equipment.

30. Preparation sink - A dedicated preparation sink must be provided in the food

preparation area. 31. Sinks used for hot water sanitising - Any sink used for hot water sanitising

must be provided with a heating element capable of maintaining the water at 80oC and a rinsing basket.

32. Loading, drainage and drying space at sinks - Adequate space must be

provided adjacent to all sinks for equipment waiting to be cleaned and for draining and/or drying cleaned equipment.

33. Dish washing machines - Any dish washing machine installed on the premises

must be designed so that the rinse cycle only operates when the rinse water is at the required sanitising temperature.

34. Design and construction of fixtures, fittings and equipment - All fixtures,

fittings and equipment must be designed and constructed so as to permit easy and effective cleaning, using materials that are impervious and suitable for their intended use.

35. Doors of cupboards and cabinets - Sliding doors on cupboards and cabinets

must be hung from the top or the bottom guides or runners must terminate at least 25mm from each end of the door opening.

36. Hot and cold food appliances - Every appliance used for the storage or display

of hot or cold food must be capable of maintaining the temperature of the food at: (a) 60oC or above (in the case of hot food); or (b) 5oC or below (in the case of cold food).



ITEM 3 (Continued) 37. Support of fixtures, fittings and appliances - All fixtures, fittings and appliances

must be supported on suitable wheels, plinths, legs, brackets or framework. 38. Wheels and castors - Wheels or castors may be used to support fittings and

appliances subject to the following requirements: (a) The wheels or castors must adequately support and permit easy

movement of the fitting or appliance when fully loaded. (b) Sufficient space must be available to move the fitting or appliance to

provide access for cleaning purposes. (c) The wheels or castors must incorporate suitable locking devices.

39. Plinths - Plinths must be constructed of solid concrete at least 75mm high and

recessed under fittings and appliances to provide a toe space of not more than 50mm.

40. Legs - Legs must be constructed of non-corrosive solid or tubular metal or

moulded plastic and be designed and securely fixed so that there is: (a) a clear space of at least 150mm between the floor and the underside of

the fitting or appliance; and (b) at least 25mm clearance between the legs and any adjacent walls or

vertical surfaces. 41. Brackets - Brackets must be constructed of non-corrosive solid or tubular metal

and be securely fixed so that there is a clear space of at least 150mm between the floor and the underside of the fixture, fitting or appliance.

42. Framework supports - Framework supports must be constructed of non-

corrosive solid or tubular metal and be designed and fixed in such a manner that easy access is available for cleaning the framework and adjacent surfaces.

43. Tubular metal supports - Where tubular metal is used for legs, brackets or

framework supports the open ends must be suitably capped or sealed to prevent the access of pests.

44. Installation of fixtures, fittings and appliances - Adequate clear space must be

provided between fixtures, fittings and appliances and any adjacent walls to permit easy access for cleaning or any crevice formed must be effectively sealed with a suitable sealant to prevent the collection of refuse.



ITEM 3 (Continued) 45. Storage facilities - Adequate facilities must be provided on the premises for the

storage of all foodstuffs, equipment, utensils, spare clothing, packaging materials, cleaning products and other articles used on the premises.

46. Chemicals and cleaning equipment. - Cupboards or other suitable facilities

must be provided outside food preparation and storage areas for the storage of chemicals and cleaning equipment.

47. Staff clothing and personal effects - Change rooms or lockers must be

provided outside food handling and equipment cleaning areas for staff to store clothing and personal effects.

Plumbing and Drainage Work: 48. Plumbing and drainage work - All plumbing and drainage work must be carried

out in accordance with the requirements of Sydney Water Corporation. 49. Installation of grease trap - A grease trap must be installed if required by

Sydney Water Corporation. The grease trap must be located outside the building or in a specially constructed grease trap room and be readily accessible for servicing. Access through areas where exposed food is handled or stored or food contact equipment or packaging materials are handled or stored is not permitted.

PRIOR TO CONSTRUCTION CERTIFICATE 50. An Enforcement levy is to be paid to Council on lodgement of the Construction

Certificate application in accordance with the requirements of Council’s Management Plan (scheduled fees).

51. Documentary evidence of payment of the Long Service Levy under Section 34 of

the Building and Construction Industry Long Service Payments Act 1986 is to be received prior to the issuing of the Construction Certificate.

52. Documentary evidence of compliance with Conditions 5 & 6 to the satisfaction of

Council or an accredited certifier is to be submitted to the Council prior to the issuing of the Construction Certificate.



ITEM 3 (Continued) 53. A "Fire Safety Schedule" specifying the fire safety measures that are currently

implemented in the building premises and the fire safety measures proposed or required to be implemented in the building premises as required by Clause 168 - Environmental Planning & Assessment Regulation 2000 are to be submitted and approved prior to the issue of the Construction Certificate. (The appropriate form has been attached).

54. Certification and details are to be provided with the Construction Certificate by a

suitably qualified person that the proposed method of anchorage of the signs are structurally adequate having regard to its size, type and location.

Mechanical Ventilation: 55. Mechanical ventilation details - Details of all proposed mechanical ventilation

systems, and alterations to any existing systems, must be submitted to Council or an accredited private certifier for approval with the application for the Construction Certificate. Such details must include:

(a) Certified plans of the proposed work, with any alterations coloured to distinguish between new and existing work;

(b) A site survey plan showing the location of all proposed air intakes and exhaust outlets on the site, and any existing cooling towers, air intakes, exhaust outlets and natural ventilation openings in the vicinity;

(c) A completed Mechanical Services Design Certificate (Form M1), together with a copy of the certifier’s curriculum vitae; and

(d) Documentary evidence in support of any departures from the deemed-to-satisfy provisions of the Building Code of Australia.

DURING CONSTRUCTION 56. The occasions on which building work must be inspected are:

(a) at the commencement of the building work, and (b) after the building work has been completed and prior to any occupation

certificate being issued in relation to the building.

Documentary evidence of compliance with Council’s approval and relevant standards of construction is to be obtained prior to proceeding to the subsequent stages of construction and copies of the documentary evidence are to be maintained by the Principal Certifying Authority and be made available to Council officers upon request.

Prior to occupation of the building, an occupation certificate must be obtained. Prior to the issue of the occupation certificate, the mandatory inspections must be carried out.



ITEM 3 (Continued) 57. All demolition and all construction and associated work is to be restricted to

between the hours of 7.00am and 7.00pm Monday to Friday (other than public holidays) and between 8.00am and 4.00pm on Saturday. No work is to be carried out on Sunday or public holidays.

58. No spoil, stockpiles, building or demolition material is to be placed on any public

road, footpath, park or Council owned land. PRIOR TO OCCUPATION CERTIFICATE 59. A Fire Safety Certificate/s from a suitably qualified person/s is to be submitted to

Council or an accredited certifier (and Council, if Council is not the PCA or an accredited certifier) for all the essential services installed in the building in accordance with Clauses 170 and 171 of the Environmental Planning and Assessment Regulation 2000.

60. An Occupation Certificate must be obtained from the Principal Certifying Authority

(PCA) and a copy furnished to Council in accordance with Clause 151 of the Environmental Planning and Assessment Amendment Regulation 2000 prior to commencement of occupation or use of the whole or any part of a new building, an altered portion of, or an extension to an existing building.

61. The proposed sign is to be neatly affixed to the building and any damage caused

to the exterior of the building by the erection of the signs shall be promptly repaired with materials to match the existing.

Mechanical Ventilation: 62. Certification of mechanical ventilation work - A Mechanical Services

Completion and Performance Certificate (Form M2) must be submitted to the Principal Certifying Authority on completion and commissioning of all mechanical ventilation work approved under this consent and before the issue of an Occupation Certificate.

Registration and Licensing Requirements: 63. Registration of premises - The operator of the business must register the

premises with Council’s Environmental Health Unit before trading commences. Registration forms may be obtained from Council’s Customer Service Centre on Tel. 9952 8222.



ITEM 3 (Continued) 64. Notification of business details - The operator of the business must notify their

business details to the NSW Food Authority before trading commences. Written notifications may be lodged with Council, together with the approved fee. Alternatively, notifications may be lodged free of charge via the Internet at www.foodnotify.nsw.gov.au. Notification forms may be obtained from Council’s Customer Service Centre on Tel. 9952 8222.

Inspection of Fitout Work: 65. Inspection of fitout work by Council - Council’s Environmental Health Officer

must inspect the completed fitout before the issue of an Occupation Certificate. Inspections may be arranged by calling Council’s Customer Service Centre on Tel. 9952 8222 at least 48 hours before the inspection is required.

OPERATIONAL 66. The hours of operation of the proposal are restricted to the following:

7.00am to 7.00pm Monday, Tuesday, Wednesday and Friday; 7.00am to 11.00pm Thursday; and 8.00am to 4.00pm Saturday.

67. All loading and unloading in relation to the use of the premises taking place wholly

within the property. 68. All activity being conducted so that it causes no interference to the existing and

future amenity of the adjoining occupations and the neighbourhood in general. 69. No external storage of goods or equipment being permitted. Waste Storage and Handling Facilities: 70. Storage and disposal of wastes - All wastes generated on the premises must

be stored and disposed of in an environmentally acceptable manner. 71. Waste containers - An adequate number of suitable waste containers must be

kept on the premises for the storage of garbage and trade waste. 72. Garbage containers - All waste containers used for the storage of garbage or

putrescible wastes must be constructed of a rigid impervious material that is capable of being effectively cleaned, leak-proof and fitted with a vermin-proof lid. Any container that cannot be turned upside down to drain after cleaning must be fitted with drainage bungs.



ITEM 3 (Continued) 73. Cleanliness of garbage containers - The occupier of the premises must keep all

garbage containers as clean as practicable (having regard to their use). 74. Garbage containers to be kept covered - The occupier of the premises must

keep all garbage containers covered except when: (a) garbage is being deposited in or removed from the containers; or (b) the containers are being cleaned.

75. Recyclable wastes - Wastes for recycling must be stored in separate bins or

containers and be transported to a facility where the wastes will be recycled or re-used.

Noise Pollution: 76. Offensive noise - The use of the premises must not cause the emission of

‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997.

77. Noise and vibration from plant and equipment - Unless otherwise provided in

this consent, the operation of any plant or equipment installed on the premises must not cause: (a) The emission of noise that exceeds the background noise level by more than

5dBA when measured at, or computed for, the most affected point, on or within the boundary of the most affected receiver. Modifying factor corrections must be applied for tonal, impulsive, low frequency or intermittent noise in accordance with the New South Wales Industrial Noise Policy (EPA, 2000).

(b) An internal noise level in any adjoining occupancy that exceeds the recommended design sound levels specified in Australian/New Zealand Standard AS/NZS 2107:2000 Acoustics – Recommended design sound levels and reverberation times for building interiors.

(c) The transmission of vibration to any place of different occupancy. Air Pollution: 78. Air pollution - The use of the premises, including any plant or equipment

installed on the premises, must not cause the emission of smoke, soot, dust, solid particles, gases, fumes, vapours, mists, odours or other air impurities that are a nuisance or danger to health.



ITEM 3 (Continued) ADVISORY NOTES Health Inspections: 1. Health inspections - Council officers may carry out periodic inspections of the

premises to ensure compliance with relevant environmental health standards and Council may charge an approved fee for this service in accordance with Section 608 of the Local Government Act 1993. The approved fees are contained in Council’s Management Plan and may be viewed or downloaded at www.ryde.nsw.gov.au.

Report prepared by: Sandra Bailey Senior Town Planner Report approved by: Liz Coad Manager Assessment Environment & Planning



ITEM 3 (Continued)

COPYRIGHT


ALL RIGHTS RESERVED





Tel: 9952 8222 Fax: 9952 8070



Date: 28/04/2008

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4 385-395 VICTORIA ROAD, GLADESVILLE. LOT: 101 DP: 749090. Section 96 Application to amend Development Consent to extend the operating hours of the drive-through at McDonald's to 24 hours 7 days a week. LDA 702/2006.

INTERVIEW 5.15PM Report prepared by: Senior Town Planner Report approved by: Manager Assessment Report dated: 7 April 2008. File No. LDA06/702

The assessment contained in this report is a summary of the matters deemed relevant to this development proposal and matters contained in the Department of Planning's Guide to Section 79C – Potential Matters for Consideration. 1. Report Summary

Applicant: Richmond & Ross P/L. Owner: McDonald’s Australia Limited. Date lodged: 7 November 2007.

This report considers a proposal to extend the hours of operation to 24 hour 7 days trading of the drive through at McDonald’s restaurant. No change of hours is proposed for the eat in dining. The application has been submitted under the provisions of Section 96 of the Environmental Planning and Assessment Act 1979 and it satisfies the required provisions of this Act. There are no other planning policies that are applicable to the development. The development generated a significant number of submissions during the notification period. A total of 13 submissions, 57 pro forma letters and a petition containing 5 signatures were received. All of these submissions objected to the extension of hours primarily due to the adverse impacts this would have on the amenity of the locality. As part of the Section 96 application, the applicant submitted an acoustic report which demonstrated that the extension of hours was likely to achieve acceptable noise levels. This report however failed to consider alternative noise sources such as persons loitering in the car park which could generate unsociable noises and increased traffic using Eltham Street which would also contribute to increased noise and impact on the amenity of the locality. The applicant failed to provide any information to Council to demonstrate how the alternative noise sources could be managed. As these alternative noise sources may result in unacceptable residential amenity, the Section 96 application is recommended for refusal.



ITEM 4 (Continued) Reason for Referral to Development Committee: Requested by Councillor O’Donnell and the number of submissions received. Public Submissions: 13 submissions, 57 pro forma letters and a petition containing 5 signatures were received objecting to the development. 2. Site (Refer to attached map.)

Address :385-395 Victoria Road GLADESVILLE Site Area : 2,855m2

Frontage 70.41 metres Depth 40 metres (average).

Topography and Vegetation : The subject site gently falls from north to south towards Victoria Road. The subject site is provided with minimal landscaping and existing vegetation is limited to some small trees at the front of the site. Existing Buildings : The site has been used as a McDonalds restaurant since 1975. The original building has recently been demolished and a new building has recently been constructed. Planning Controls Zoning :Industrial Light - Restricted Other : Section 96 of the Environmental Planning and

Assessment Act, 1979. 3. Councillor Representations: Councillor O’Donnell has requested that the matter be referred to a Development Committee meeting. 4. Proposal Consent is sought under Section 96 of the Environmental Planning and Assessment Act to amend condition 3 of Development Consent 702/06. This consent was for the demolition of McDonald’s building and the construction of a new McDonald’s with a drive-through facility and associated signage. Condition 3 stated the following:



ITEM 4 (Continued) 3. Hours of Operation. The hours of operation being confined to:

- Sunday to Thursday; 5.00am to 12 midnight. - Friday to Saturday; 24 hours trading between 5am Friday and 12 midnight Sunday.

It is proposed to extend the operating hours of the drive through to 24 hours 7 days a week. The trading hours for the eat in dining would be consistent with the existing approval. 5. Background In December 1994, development consent 76/94 was issued for the enlargement of the existing McDonalds restaurant. As part of this consent, 24 hour trading on Fridays and Saturdays was approved. A deferred commencement development consent was granted on 20 February 2007 for the demolition of McDonald’s building and the construction of a new McDonald’s with a drive-through facility and associated signage. The deferred commencement condition required any necessary approval to be obtained from City of Ryde under Section 138 of the Roads Act 1993 (including the written concurrence of the Roads and Traffic Authority under Section 138(2) of the Roads Act. The consent became operable on 18 May 2007. For the purposes of this section 96 application, condition 3 is relevant. This condition states the following: 3. Hours of Operation. The hours of operation being confined to:

- Sunday to Thursday; 5.00am to 12 midnight. - Friday to Saturday; 24 hours trading between 5am Friday and 12 midnight Sunday.

A Section 96 application was approved on 27 June 2007 for alterations to the building façade and terrace pergolas to create a contemporary appearance. A further section 96 application was approved on 3 July 2007 to amend the wording of condition 73. This condition required a traffic management plan to be approved by the RTA prior to the issue of a Construction Certificate. The condition was amended to require the traffic management plan to be approved prior to the commencement of work rather than prior to the issue of the Construction Certificate.



ITEM 4 (Continued) The current Section 96 application was submitted on 7 November 2007. Following the notification period, a letter was sent to the applicant on 15 January 2008. The applicant was advised that the extension of hours is likely to result in the following adverse impacts on the amenity of the locality:

Increased traffic using Eltham Street resulting in more noise and safety issues; Increased litter; Youth hanging around the restaurant in their cars possibly resulting in anti-social

behaviour and increased noise. Based on the information currently submitted with the Section 96 application and the issues raised in the public submissions, the applicant was advised that Council’s Officers would be unlikely to support the Section 96 application due to the adverse impacts raised by the residents. Accordingly, it was suggested that the Section 96 application be withdrawn. No response was received from the applicant. 6. Submissions The proposal was advertised and notified in accordance with Development Control Plan 2006 - Part 2.1, Notification of Development Applications. The application was advertised on 21 November 2007. Notification of the proposal was from 14 November 2007 until 6 December 2007. During this time, Council received a total of 13 submissions, 57 pro forma letters and a petition containing 5 signatures all objecting to the proposed extension of hours. The issues raised in the submissions were;

Increased noise will affect the amenity of the adjoining residential area. This increased noise will be due to extra traffic using the drive-through, as well as people hanging around the restaurant.

As part of the section 96 application, an acoustic report was submitted that demonstrates that noise from the operation of mechanical plant and noise from customers and vehicles can be controlled to satisfy the recommended goals. The recommendations of this report have been supported by Council’s Environmental Health Officer. The acoustic report however fails to consider alternative noise sources which could include people hanging around the restaurant. The applicant failed to provide any additional information to demonstrate how these noises would be managed. It is possible that these alternative noise sources could affect the amenity of the locality.



ITEM 4 (Continued)

Additional traffic in Eltham Street and Westminster Road as traffic wishing to go towards Ryde have to make a left turn into Westminster Road, left into Eltham Street, left again into Monash Road to access Victoria Road.

This matter was originally considered during the assessment of the original development application. As the subject site is mid-block and there is no access into the site for west-bound traffic on Victoria Road, the only legal way to access the site is to turn right at Westminster Road, left at Eltham Street and left again at Monash and Victoria Roads. These roads are able to accommodate the traffic movements likely to be generated by the extension of hours. The applicant’s acoustic report however has failed to give any consideration to the noise as a result of this likely increased traffic and its likely impact on the amenity of the locality.

Concerned about not being notified of this change earlier. These hours should have been detailed in the original proposal.

The applicant has applied for the extension of hours under the provisions of Section 96 of the Environmental Planning and Assessment Act. This section allows the applicant to request an amendment to their development consent. To ensure that previous objectors and neighbours are aware of the amendment, the Act also requires any modification to be notified in accordance with Council’s requirements and any issues raised in the submissions to be taken into account.

Increased litter and rubbish in adjoining streets. It is unfair that it is left up to Council and residents to clean up.

The issue of litter and rubbish was detailed in the previous report. As previously detailed, the OHS obligations on McDonalds prevents staff walking to Eltham Road and litter patrols are confined to the immediate area adjoining the site. The Waste Management Strategy as submitted with the Development application proposes that the litter patrols be confined to the areas immediately adjoining the site along Victoria Road.

Increased vandalism to residential properties. It is unlikely that there would be increased vandalism to the residential properties as a result of this section 96 application. The section 96 proposed to extend the hours of operation of the drive through only. This application is unlikely to generate pedestrian traffic in the locality.

The acoustic report has failed to give any consideration to non typical noises such as people loitering in the car park, loud cars, truck deliveries and pick ups.

Agreed. The applicant has also failed to provide any additional information to address such alternative noise sources.



ITEM 4 (Continued)

The recommendations in the acoustic report remain untested. Agreed. The development consent has included conditions requiring all of the recommendations in the acoustic report to be included in the consent as well as a condition that may require the applicant to provide an acoustic report it required by Council demonstrating compliance with the acoustic report. This report is likely to be required only if Council receives complaints about the operation of the premises.

Increased pedestrian traffic and associated noise from patrons exiting and entering the property.

The proposal is to extend the hours of operation for the drive-through only. No extension of hours is proposed for the eat in dining. As such, this is unlikely to result in increased pedestrian traffic or noise from patrons exiting or entering the property.

Groups will loiter in the car park and their cars will generate unsociable noise and disturbances for the neighbours. The car park should be closed from 11pm to 6am.

Due to the layout of the car park it would be difficult to close the car park and still obtain access to the drive through. This however may be an issue that could be considered as part of a noise management solution.

Noise from garbage collection. This occurs between 1am and 4am and impacts on sleep. As the acoustic report failed to consider this impact or noise from supply trucks, it cannot be relied upon.

The garbage collection will not be changed as a result of the section 96 application. For this reason, it is not considered a relevant matter for the section 96 application.

There must be respite from noise activity generated by commercial neighbours. Council does not have a policy in respect to hours of operation of commercial premises adjacent to residential areas. The hours of operation are generally determined by the nature of the development and the management solutions to ensure that the amenity of the residential area will not be adversely affected by noise from the commercial premises.

This application is contrary to maintaining our good community. The community does not need permanent access to fast food.

This is not a relevant matter under section 79C of the Environmental Planning and Assessment Act, 1979.

Other fast food outlets do not have 24 hour trading. Why should McDonalds be treated differently or is it Council’s intention to permit other outlets to trade 24 hours a day?

As McDonalds have applied for 24 trading as part of a section 96 application, Council has no alternative but to assess the application.



ITEM 4 (Continued)

Increased cooking smells. As part of the original consent, the new restaurant will be fitted with new modern exhaust equipment to replace the previous ageing exhaust system. Council’s Environmental Health Officer has provided conditions relating to the installation of the mechanical ventilation, specifically kitchen exhaust vents should be no less than 6 metres from the boundary of any neighbouring property and discharged in a vertical direction at a minimum velocity of 5 metres per second. This should ensure that cooking smells should not affect the amenity of the locality.

Concerned about employees who will work the 24 hour roster. If teenagers are employed they will also be attending school in the day and working the night shift. Who will be responsible for the welfare and safety of those people working the night shift.

McDonalds would be responsible for the welfare and safety of staff while on the McDonalds property. The issue of whether teenagers will be working on the night shift and then attending school during the day is not a matter that is relevant for Council.

Eltham Street is inadequately illuminated in several areas so it cannot sustain the increased traffic.

In respect of the original application, Council’s Traffic Engineer raised no objections on traffic or parking grounds. The street is adequate to accommodate the increased traffic flow.

Speeding drivers cause a safety problem. This concern was raised in respect of traffic using Eltham Street and Westminster Road. The issue of speeding traffic is a matter for NSW Police rather than Council. 7. Policy Implications Relevant Provisions of Environmental Planning Instruments etc: Environmental Planning and Assessment Act, 1979. (a) Section 96 – Modification of Consents



ITEM 4 (Continued) In accordance with Section 96(2), Council may consider a modification of development consent provided: • The proposed development is substantially the same as the approved

development; • Council has consulted any relevant authority in respect of the modification of

any condition imposed as a requirement of that authority’s concurrence; and • The application for modification has been notified in accordance with the

regulations and Council has considered any submissions regarding the proposed modification.

The first consideration is that the development is to be substantially the same as the approved development. In determining if a development application is substantially the same as the approved development, the question is whether such changes result in it being able to be said that the modified development is essentially or materially the same as the approved development. This requires a comparison between the development as currently approved and the development as proposed to be modified. The result of the comparison must be a finding that the modified development is essentially or materially the same as the approved development. The proposed development will not change the appearance of the proposed development. The only modification is in respect to the hours of operation for the drive through. In this respect, the development is considered to be substantially the same development as that which was originally approved. As part of this Section 96 application, Council was not required to consult with any relevant authority. The section 96 application was notified in accordance with Council’s requirements for a 14 day period from 14 November 2007 to 6 December 2007. During this time, 13 submissions, 57 pro forma letters and a petition containing 5 signatures were received. All of these submissions objected to the proposed extension of hours. The issues raised in these submissions have been addressed in greater detail under the heading Public Submissions. The key issue was in respect to the increased hours resulting in adverse impacts on the amenity of the locality. These issues have all been addressed in greater detail under the heading of Public Submissions.



ITEM 4 (Continued) Section 96(3) of the Act requires Council to consider those matters referred to in Section 79C(1) of the Act that are of relevance to the development the subject of the application. (b) Ryde Planning Scheme Ordinance

Zoning The site is zoned 4(b2) Industrial Light – Restricted under the provisions of the Ryde Planning Scheme Ordinance. The amendment to the development is permissible with the consent of Council. Mandatory Requirements There are no mandatory requirements that would affect the proposed section 96 application.

(c) Relevant SEPPs There are no relevant State Environmental Planning Policies that would affect the proposed section 96 application. (d) Relevant REPs There are no relevant Regional Environmental Plans that would affect the proposed section 96 application. (e) Any draft LEPs There are no relevant draft Local Environmental Plans that would affect the proposed section 96 application. (f) Any DCP (e.g. dwelling house, villa) There is no relevant DCP that would affect the proposed section 96 application. 8. Likely impacts of the Development During the notification period the majority of submissions raised concerns that the operations of the old McDonalds building adversely affected the residential amenity of the locality and in all likelihood, any extension of hours would further impact on the residential amenity.



ITEM 4 (Continued) As part of the original development application the applicant sought a variation to the existing hours of operation. This variation proposed that the restaurants trading hours during the week be extended by 1 hour in the morning from 6.00am to 5.00am and for an additional hour in the evening from 11.00pm to midnight. The development also proposed to retain the 24 hour trading on Fridays and Saturdays. This extension of hours was approved as the development proposed to incorporate the following acoustic measures:

The drive-through facility will be covered within an acoustic tunnel. The rear boundary fence will be replaced with a 2 to 3 metre high acoustic barrier

wall. The management of the premises remains unchanged. Loading dock / corral area relocated to front of the site away from residential

properties. Total replacement of all mechanical services (air conditioning and exhaust

system) with modern high-quality equipment. The previous assessment report concluded that provided that these measures were implemented, Council could be satisfied that there would be minimal noise impacts caused to the adjoining residents as a consequence of the extended trading hours. The current Section 96 application proposes to extend the trading hours for the drive-through facility only to allow for 24 hour 7 days trading. The trading hours for the eat in dining would be consistent with the existing Council approval. The acoustic report submitted with the section 96 application has demonstrated that noise from the operation of mechanical plant and noise from customers and vehicles can be controlled to satisfy the recommended goals. The recommendations of this report have also been supported by the Council’s Environmental Health Officer. Concerns are raised however that the acoustic report has not addressed all possible noise sources that could affect the amenity of the residential area. These alternative noise sources include:

Persons loitering in the car park which could generate unsociable noises and disturbances for the neighbours.

Increase traffic using Eltham Street which contributes to more noise. The applicant was advised by Council’s Officers on 15 January 2008 of the issues raised in the submissions and that as the amenity of the locality was likely to be adversely affected, it was unlikely that this Section 96 could be supported by Council’s Officers. Despite this letter the applicant failed to provide any information to Council to demonstrate how the alternative noise sources could be managed.



ITEM 4 (Continued) The Land and Environment Court have issued a planning principle in respect to the assessment of an extension or intensification of a use which may have an adverse impact on residential amenity. Planning principles are a chain of reasoning aimed at reaching or a list of appropriate matters to be considered in making a planning decision. While planning principles are stated in general terms, they may be applied to particular cases to promote consistency. In this particular application, the planning principle established in Randall Pty Ltd v Leichhardt Council was as follows: Principles for the assessment of an extension or intensification of a use which may have an adverse impact on residential amenity, such as a hotel, are:

First, is the impact of the operation of an existing use on residential amenity acceptable? If the answer is no, then an extension or intensification, would be unacceptable unless there is no overall increase in impact or there are measures proposed which would mitigate the existing impact.

Second, if the answer is yes, is the impact of the proposed extension or intensification still acceptable.

In respect to the planning principle established in Randall Pty Ltd v Leichhardt Council, in all likelihood the approved hours of operation are likely to result in acceptable residential amenity. Consideration must now be given to whether the extension of hours will still result in acceptable residential amenity. Although the acoustic report has demonstrated that the extension of hours to allow for a 24 hour 7 day drive through is also likely to achieve acceptable noise levels, it has failed to address noise from alternative sources. Noises from these alternative sources could result in unacceptable residential amenity. As the applicant has failed to provide adequate information with this section 96 application it is recommended for refusal. 9. Suitability of the site for the development As the site is located adjacent to residential properties the applicant must demonstrate that the increase in trading hours will not adversely impact on the residential amenity of the adjacent properties. The applicant has not provided adequate information to demonstrate that this can be achieved. For this reason the site is unsuitable for the 24 hour trading.



ITEM 4 (Continued) 10. The Public Interest The applicant has failed to provide adequate information as part of the Section 96 application. For this reason, the Section 96 application is not considered to be in the public interest. 11. Management Plan Linkages Relationship to Key Outcome Areas People The assessment of this development application meets the key outcomes for People (set out on pages 32-33 of the Management Plan 2007-2010): • A City that plans for people by identifying their diverse needs and involving them

in decision making to improve their quality of life. Comment: The local community were notified of the proposed Section 96 application and the issues raised by the community have been taken into consideration in the assessment of this Section 96 application. Assets This matter has no direct relationship to this key outcome area. Environment This matter has no direct relationship to this key outcome area. Governance The assessment of this development application meets the key outcomes for Governance (set out on pages 39-41 of the Management Plan 2007-2010): • Improved communication with the community and increased awareness and

understanding of Council’s decisions by the community. • Members of the community are engaged through involvement in democratic

decision making and the promotion of active citizenship. • Incorporation of best practice approaches in the delivery of services to the

community. • A safe and harmonious working environment with skilled and motivated staff who

embrace the organisation's vision and values. • Compliance with all legislative requirements and statutory obligations.



ITEM 4 (Continued) Comment: The Section 96 application was notified to adjoining land owners and advertised in the press for 14 days in accordance with the statutory requirements of the Environmental Planning and Assessment Act. During this time numerous submissions, pro-forma letters and a petition were received objecting to the development application. 12. Consultation – Internal and External Internal Referrals: Environmental Health Officer: The following comments were provided in respect to the Section 96 application: An assessment has been made by Atkins Acoustics and Assoc. Pty Ltd with respect to allowed noise levels during the proposed after hours of operation. An inspection of the possible sources of ‘offensive sound’ from the site has been carried out accompanied by James Milward, Development Manager, Construction for McDonald’s Australia Limited. An acoustic barrier/tunnel has been constructed adjacent to the nearest affected property and seems to be quite effective and is similar to another McDonald’s site in Cremorne. The other possible source of noise – the speaker for orders is a further distance from the nearest affected property is a further distance and will be well shielded by the concrete walls of the adjoining premises. Any deficiencies that are not recognised at this point in time will be further accessed should these shortcomings be identified. RECOMMENDATION: That the Manager Environmental Assessment be advised the proposal will be satisfactory subject to the following conditions. External Referrals NSW Police: No issue with the proposed amendment to increase the drive-through operating hours.



ITEM 4 (Continued) 13. Critical Dates There are no critical dates or deadlines to be met. 14. Financial Impact Adoption of the option(s) outlined in this report will have no financial impact. 15. Conclusion: The acoustic report submitted with the Section 96 application has failed to address any alternative noise sources. These alternative noise sources such as persons loitering in the car park as well as increased traffic noise on the surrounding residential streets could result in the amenity of the area being adversely affected. As the applicant has failed to address the management of these alternative noise sources it is recommended that the development application be refused. RECOMMENDATION: (a) That Local Development Application No. 702/2006 at 385-395 Victoria Road

GLADESVILLE being LOT: 101 DP: 749090 be refused for the following reasons;

1. The proposed extension of trading hours is likely to result in the amenity of the adjoining residential area being adversely affected.

2. Inadequate information has been submitted to demonstrate that the

extension of trading hours will not result in any adverse impacts on the amenity of the adjoining residential area.

3. The development is not considered to be in the public interest.

(b) That the persons who made submissions be advised of Council's decision. Report prepared by: Sandra Bailey Senior Town Planner Report approved by: Liz Coad Manager Assessment Environment & Planning



ITEM 4 (Continued) Indicates submissions received Other submissions received outside map area

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Tel: 9952 8222 Fax: 9952 8070



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Documents

dev 0308 060508 - City of Ryde · 2016. 2. 1. · Development Committee Agenda No. 3/08, dated 6 May 2008. ITEM 2 (Continued) Section 79C 'Matters for Consideration' Comments Section