SECTION 4.55 (2) MODIFICATION - Blacktown City Council

SECTION 4.55 (2) MODIFICATION Emerton Shopping Village - 32 & 40 Jersey Road, Emerton

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EMERTON SECTION 4.55 MODIFICATION

CONTENTS

1. Introduction ....................................................................................................................................... 1

2. Site and Surrounding Locality ......................................................................................................... 2 2.1. The Site ................................................................................................................................ 2 2.2. Existing Development .......................................................................................................... 2 2.3. Surrounding Development ................................................................................................... 3

2.3.1. North ..................................................................................................................... 3 2.3.2. East....................................................................................................................... 3 2.3.3. South .................................................................................................................... 3 2.3.4. West...................................................................................................................... 4

3. Background ....................................................................................................................................... 5 3.1. Approval History ................................................................................................................... 5

3.1.1. DA-18-00275 ........................................................................................................ 5 3.1.2. MOD-19-00345 ..................................................................................................... 5

4. Proposed Modifications ................................................................................................................... 6 4.1. Modification Objectives ........................................................................................................ 6 4.2. Overview of Proposed Modifications ................................................................................... 6

4.2.1. Construction Staging ............................................................................................ 6 4.3. Additional Changes .............................................................................................................. 9

4.3.1. Online Pick Up Facility.......................................................................................... 9 4.3.2. External Shopfronts ............................................................................................10 4.3.3. Water Efficiency Labelling Standards .................................................................10 4.3.4. Miscellaneous Design Changes .........................................................................10 4.3.5. Signage ..............................................................................................................11 4.3.6. Parking ...............................................................................................................11

5. Amended Conditions ......................................................................................................................13 5.1. Condition 2.1 ......................................................................................................................13 5.2. Condition 10.7.11 ...............................................................................................................13 5.3. Condition 16.1.1 .................................................................................................................13 5.4. Condition 16.12.1 ...............................................................................................................14 5.5. Condition 16.3.1 .................................................................................................................14 5.6. Condition 16.6.1 .................................................................................................................14 5.7. Condition 16.6.2 .................................................................................................................14 5.8. Condition 16.6.3 .................................................................................................................14 5.9. Condition 16.6.4 .................................................................................................................14 5.10. Condition 16.6.5 .................................................................................................................14 5.11. Condition 16.8.1 .................................................................................................................14 5.12. Condition 16.10.1 ...............................................................................................................14 5.13. Condition 16.10.2 ...............................................................................................................15 5.14. Condition 16.10.3 ...............................................................................................................15 5.15. Condition 16.10.4 ...............................................................................................................15 5.16. Condition 16.13.2 ...............................................................................................................15 5.17. Condition 16.14.1 – Surveys/Certificates/Works-As-Executed Plans ...............................15

5.17.1. Condition 16.14.1.1 ............................................................................................15 5.17.2. Condition 16.14.1.2 ............................................................................................15 5.17.3. Condition 16.14.1.3 ............................................................................................15 5.17.4. Condition 16.14.1.4 ............................................................................................15 5.17.5. Condition 16.14.1.5 ............................................................................................16

5.18. Condition 16.14.2 – Easements/Restrictions/Positive covenants .....................................16 5.18.1. Condition 16.14.2.1 ............................................................................................16 5.18.2. Condition 16.14.2.2 ............................................................................................16 5.18.3. Condition 16.14.3 ...............................................................................................16 5.18.4. Condition 16.14.4 ...............................................................................................16 5.18.5. Condition 16.14.4.1 ............................................................................................16

5.19. Condition 16.14.5.1 ............................................................................................................16 5.20. Condition 17.3.1 .................................................................................................................16

6. Section 4.55 (2) Considerations .....................................................................................................17 6.1. Substantially the Same Development ................................................................................17

7. Section 4.15 Assessment ...............................................................................................................19 7.1. Environmental Planning Instruments .................................................................................19

7.1.1. State Environmental Planning Policy .................................................................19 7.1.2. Blacktown Local Environmental Plan 2015 ........................................................19 7.1.3. Blacktown Development Control Plan 2015 .......................................................20 Part A – General Development Controls ...........................................................................20 Part D – Development in the Business Zones ...................................................................21

7.2. Draft Environmental Planning Instruments ........................................................................21 7.3. Likely Impacts of the Development ....................................................................................21

7.3.1. Visual Impacts ....................................................................................................21 7.3.2. Public Safety and Construction Impacts .............................................................21 7.3.3. Amenity ...............................................................................................................22 7.3.4. Landscaping .......................................................................................................22 7.3.5. Traffic and Parking .............................................................................................22 7.3.6. Drainage .............................................................................................................23

7.4. Suitability of the Site ..........................................................................................................23 7.5. Notification and Submissions .............................................................................................23 7.6. The Public Interest .............................................................................................................23

8. Conclusion .......................................................................................................................................24

Disclaimer ........................................................................................................................................................25

Appendix A Staging Plans Appendix B Amended Architectural Plans Appendix C Traffic and Parking Statement

FIGURES

Figure 1 Aerial Image of the Site ....................................................................................................................... 2

Figure 2 Photographs of the Site ....................................................................................................................... 3

Figure 3 Construction Staging Plan ................................................................................................................... 6

Figure 4 Tenancy Staging – Stage 1 ................................................................................................................. 8

Figure 5 Tenancy Staging – Final Stage ........................................................................................................... 8

Figure 6 Approved and Proposed Pick up Facility ............................................................................................ 9

Figure 7 Approved and Proposed Site Plan .................................................................................................... 12

PICTURES

Picture 1 Emerton Village – Bunting Street entrance ........................................................................................ 3

Picture 2 Emerton Village – Jersey Road entrance ........................................................................................... 3

Picture 3 Emerton Village – Service lane entrance (eastern elevation). ........................................................... 3

Picture 4 Emerton Village – vehicular access point from Bunting Street. ......................................................... 3

Picture 5 Approved Site Plan – Pick Up Facility Parking ................................................................................... 9

Picture 6 Proposed Site Plan – Pick up Facility Parking ................................................................................... 9

TABLES

Table 1 Quantitative Assessment .................................................................................................................... 18

Table 2 BLEP Compliance Assessment .......................................................................................................... 20

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EMERTON SECTION 4.55 MODIFICATION INTRODUCTION 1

1. INTRODUCTION This Statement of Modification has been prepared for and lodged on behalf of Fabcot Pty Ltd (the Applicant) to support a modification application under Section 4.55 (2) of the Environmental Planning and Assessment Act 1979 (EP&A Act). The application seeks to modify the approved development at Emerton Shopping Village (DA-18-00275 as modified) located at 32 & 40 Jersey Road, Emerton (the Site).

By way of background, approval was granted for alterations and additions to the existing shopping centre on 22 February 2018. A modification application was prepared and submitted under Section 4.55(2) of the EP&A Act in August 2019 which reduced the extent of the redevelopment of the shopping centre (MOD-19-345) which was approved on 12 February 2020. The Applicant and project team have since undertaken detailed design development and established that due to the nature of the proposed works and disruptions to existing retail tenants, a staged occupation process is required to ensure minimal impact on specialty retail trade.

Construction works associated with DA-18-00275 and MOD-19-345 have since commenced on Site and all existing retail tenants have been temporarily relocated to the northern portion of the centre whilst works to the shopping centre are undertaken. It is proposed to relocate the tenants from these temporary locations to their permanent tenancies within the shopping centre by September 2020 to allow for the northern portion of the shopping centre to be demolished and the car park completed.

However, under the current conditions, an Interim or Staged Occupation Certificate cannot be issued until all conditions are satisfied. It is not possible to complete all works prior to the issue of any Occupation Certificate without the existing retail tenants having to cease operation for a prolonged period whilst works in the northern portion of the Site are completed. It is proposed to undertake the construction work in two stages to enable the issuance of separate Occupation Certificates, thereby minimising disruption to the existing tenants, and maintaining the retail convenience to the shopping centres trade catchment and economic viability of the businesses which is increasingly more pressing due to current economic conditions.

The proposed staging will ensure continuous occupation and operation of existing tenants whilst the remaining civil, carpark, landscaping, stormwater and services works are completed. The approved development has also been subject to minor design changes including amendments to external shopfront design and the supermarket’s online pick up facility. To ensure all shopfronts activate and articulate the external street frontage, it is proposed to include additional façade details on the architectural plans.

Conditions that require modification to facilitate the issuing of staged Occupation Certificates for DA-18-00275 and miscellaneous design changes include:

▪ Condition 2.1;

▪ Condition 10.7.11;

▪ Condition 16.1.1, 16.12.1, 16.3.1;

▪ Condition 16.6.1, 16.6.2, 16.6.3, 16.6.4, 16.6.5,

▪ Condition 16.8.1;

▪ Condition 16.10.1, 16.10.2, 16.10.3, 16.10.4;

▪ Condition 16.13.2,

▪ Condition 16.14.1, 16.14.1.1, 16.14.1.2, 16.14.1.3, 16.14.1.4, 16.14.1.5;

▪ Condition 16.14.2, 16.14.2.1, 16.14.2.2, 16.14.3,

▪ Condition 16.14.4, 16.14.4.1, 16.14.5.1

▪ Condition 16.17.3.1.

This modification should also be read in conjunction with the following:

▪ Staging Plans – Appendix A.

▪ Amended Architectural Plans – Appendix B.

▪ Traffic and Parking Statement – Appendix C.

2 SITE AND SURROUNDING LOCALITY

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2. SITE AND SURROUNDING LOCALITY 2.1. THE SITE The Site is located at 32 & 40 Jersey Road, Emerton and is legally described as Lot 226 in DP 571965 and Lot 100 in DP 634533. The Site is located in the suburb of Emerton in the Blacktown Local Government Area (LGA). The Site is 45km west of the Sydney CBD and is in relatively close proximity to the Parramatta CBD (25km east of the site) and Blacktown Strategic Centre (12km east of the Site).

The Site has dual frontage to Jersey Road (north) and Bunting Street (west) with a total site area of approximately 22,332sqm.

Figure 1 Aerial Image of the Site

Source: Six Maps

2.2. EXISTING DEVELOPMENT The Site is currently occupied by a single storey retail centre with mezzanine level, known as Emerton Village Shopping Centre. The shopping centre accommodates a Woolworths Supermarket and various retail tenancies comprising a total floor area of 10,180sqm. An internal mall provides access to a number of tenancies within the centre. The centre has two pedestrian entries on the Bunting Street elevation, one on the Jersey Road elevation and another on the eastern elevation (see Figure 2).

The Site includes at-grade car parking adjacent the southern and western boundaries of the Site accommodating some 169 spaces. The supermarket is currently serviced by a loading dock situated in the south-west corner of the Site. The loading area for the tenancies in the shopping centre is situated on the eastern side of the building and the liquor store loading dock is located in the car park. The at-grade parking and loading facilities are accessed from three vehicle crossings from Bunting Street (see Figure 2).

In accordance with DA 18-00275 (as modified), works on site commenced in February 2020. The north-west portion of the existing building has been demolished and the southern portion of the centre has been partially demolished. Enabling works have also commenced to allow existing retailers to continue to trade.

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EMERTON SECTION 4.55 MODIFICATION SITE AND SURROUNDING LOCALITY 3

Figure 2 Photographs of the Site

Picture 1 Emerton Village – Bunting Street entrance Picture 2 Emerton Village – Jersey Road entrance

Picture 3 Emerton Village – Service lane entrance (eastern elevation).

Picture 4 Emerton Village – vehicular access point from Bunting Street.

2.3. SURROUNDING DEVELOPMENT The Site is located within a small local centre. Beyond the local centre are a number of community facilities including primary and secondary schools, public recreational facilities and open space. Land surrounding the local centre is generally zoned residential and contains a mix of low and medium density residential land uses.

2.3.1. North

To the north of the Site is Jersey Road. On the northern side of Jersey Road is Charlie Lowles Leisure Centre and associated playing fields and outdoor swimming pool. Also to the north is an open concrete stormwater channel. Stormwater carried through the easement on the site discharges to this channel.

2.3.2. East

To the east of the Site are commercial uses fronting Popondetta Road and Jersey Road. These includes a number of fast food restaurants, a service station and ‘Cedars Tavern’. There is substantial at-grade parking situated on land to the east of the Site. The majority of this parking services the Tavern.

2.3.3. South

To the southwest of the Site is Bunting Street. On the southwestern side of Bunting Street are medium density residential uses and the Congregation Christian Church. The medium density residential uses are

4 SITE AND SURROUNDING LOCALITY

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two storey multi dwelling housing developments. These dwellings are the most exposed to traffic noise and noise emanating from the loading dock.

2.3.4. West

To the west of the Site is a fast food restaurant on the corner of Bunting Street and Jersey Road. This Site has vehicular access from Bunting Street, in close proximity to the Bunting Street and Jersey Road intersection. To the west of Bunting Street is a combination of low and medium density residential uses including single dwelling houses and multi dwelling housing developments.

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EMERTON SECTION 4.55 MODIFICATION BACKGROUND 5

3. BACKGROUND 3.1. APPROVAL HISTORY 3.1.1. DA-18-00275

On 22 February 2018, Blacktown City Council granted consent for:

▪ Demolition of part of the existing supermarket and retail centre, two separate brick buildings (being a former fast food premises and a community building), pavement and associated kerbs, garden beds and raised crossings;

▪ Total gross floor area of 7,448sqm;

▪ Car parking for 314 car spaces;

▪ Rationalisation of pedestrian entries to two primary entries (eastern and western elevation);

▪ A new loading dock at the southern end of the supermarket;

▪ Remodelling of the existing supermarket loading dock on the western side of the building to service the liquor outlet;

▪ A third loading zone on the eastern side of the building within the service lane to service the specialty retail;

▪ Two collection bays for pickup of online orders at the southern end of the car park, adjacent to the supermarket loading zone;

▪ Hours of operation: 7.30am – 10pm, 7 days a week. Deliveries to commence at 5am;

▪ Landscaping works including tree removal and subsequent replacement planting and pervious paving treatments; and

▪ Associated infrastructure works, including drainage works and installation of on-site detention tanks.

3.1.2. MOD-19-00345

On 12 February 2020, Council granted consent to MOD-19-345 which was the first modification to DA-18-00275. Approval was granted for the following:

▪ Reconfiguration of car park layout and reduction in car parking from 314 spaces to 302 spaces;

▪ Relocation of secondary loading dock servicing the liquor store to southern car park;

▪ Relocation of access point along Bunting Street;

▪ Changes to external materials and finishes;

▪ Changes to internal layout with an increase in overall GFA from 7,448sqm to 7,542sqm;

▪ Amendments to signage, landscaping and hours of demolition work;

▪ Amendments to acoustic measures during demolition and construction work.

The Applicant has undertaken a detailed review of the consent conditions and identified the above consent, as modified, does not allow interim Occupation Certificates to be issued. To minimise impacts of construction on retail trading, several conditions of consent require amendment.

This modification also seeks approval for further design refinements to the Supermarket Online Pick Up facility and external tenancy shopfronts.

6 PROPOSED MODIFICATIONS

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4. PROPOSED MODIFICATIONS 4.1. MODIFICATION OBJECTIVES The underlying objectives of the proposed modifications are to:

▪ Minimise disruption to existing retail tenants and ensure continuity of trade;

▪ Enable the timely and efficient delivery of the shopping centre upgrades;

▪ Enable the issuance of separate Occupation Certificates;

▪ Allow tenants to be relocated from current tenancies to permanent tenancies within the redeveloped shopping centre by September 2020; and,

▪ Ensure consistency in the future design and fit out of external shopfronts.

Due to the current retail and economic conditions and in accordance with the Retail Leases Act, the need to ensure continuous servicing for their customers and enable retailers to continue to operate has become increasingly important.

A detailed overview of each modification is provided below.

4.2. OVERVIEW OF PROPOSED MODIFICATIONS 4.2.1. Construction Staging

As discussed in Section 2 above, construction works have already commenced on Site. The existing retail tenants have been temporarily relocated to the northern portion of the Site whilst works to the shopping centre are undertaken. It is proposed to relocate the tenants from their current tenancies to their permanent tenancies within the shopping centre by September 2020. Once the tenants are relocated, works to the northern portion of the Site can be completed. However, the current wording of several conditions require all works to be completed prior to the issue of ‘any Occupation Certificate’ (our emphasis).

Under the current conditions, an interim or staged Occupation Certificate cannot be issued until all conditions are satisfied. It is not possible to complete all works prior to the issue of any Occupation Certificate without the existing retail tenants having to cease operation whilst the works are completed. It is proposed to enable the issuance of separate Occupation Certificates, thereby minimising disruption to the existing tenants and their customers whilst remaining construction works are completed. A total of 180 car parking spaces will be available on site during the staged opening.

Figure 3 Construction Staging Plan

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EMERTON SECTION 4.55 MODIFICATION PROPOSED MODIFICATIONS 7

All existing tenants will be relocated to the new shopping centre. New retail tenants who will occupy tenancy 1, 2, 3, 4, 5, 9, 14, 16 and 17 will open upon completion of the centre (see Figure 4). Given the interface of these tenancies with the proposed works zone in the northern portion of the site, these tenancies will commence trading upon completion of the shopping centre (prior to the issue of the final OC).

As per the proposed staging methodology (refer to Staging Plan submitted at Appendix A), the Supermarket and some specialty retail tenancies are to be fully operational within the new shopping centre by September 2020 with the remaining works listed below to be completed by December 2020.

▪ Civil works within the areas nominated as work zones on the staging plan.

▪ Asphalt within the areas nominated as work zones on the staging plan.

▪ Carpark line marking within the areas nominated as work zones on the staging plan.

▪ Speed humps within the areas nominated as work zones on the staging plan.

▪ Concrete kerb and guttering within the areas nominated as work zones on the staging plan.

▪ Bus bay infill works.

▪ Shade sails and associated works including services installation and lighting within the areas nominated as work zones on the staging plan.

▪ Landscaping and irrigation within the areas nominated as work zones on the staging plan. Final commissioning and operation of the entire irrigation system will be completed prior to Final OC once all irrigation works have been completed.

▪ Stormwater within the areas nominated as work zones on the staging plan. Given the required staging, a completion certificate and WAE plans cannot be provided until prior to Final OC once all stormwater works have been completed.

▪ OSD tank 1 fit out noting that the system will be functional to allow storm water runoff to be collected, however it is not possible to complete all stormwater pipelines within the area nominated as work zone on the staging plan prior to the first Occupation Certificate. Once new work commences in the work zone, the stormwater pipelines will be completed including OSD tank fit outs prior to the issue of the final Occupation Certificate.

▪ The trolley management system as it is proposed to be a service loop system.

▪ Statutory signage within the areas nominated as work zones on the staging plan.

▪ External signage and associated structures within the areas nominated as work zones on the staging plan.

▪ Proposed new carpark entry/ exit (North) on Jersey Road.

▪ Concrete island and associated works (West) on Bunting Street.

▪ Services lighting, CCTV & security, hydraulic connections, FHR and fire hydrant installations within the areas nominated as work zones on the staging plan. Final testing and commissioning of these services will not be completed until prior to the Final OC once all works have been completed.

▪ Metalwork (trolley bays, bollards and handrails) within the areas nominated as work zones on the staging plan.

▪ Final services commissioning and testing prior to final OC once all works have been completed.


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Figure 4 Tenancy Staging – Stage 1

Note. The tenancies shaded black will commence trading upon completion of the shopping centre (post issue of the final OC).

Figure 5 Tenancy Staging – Final Stage

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4.3. ADDITIONAL CHANGES 4.3.1. Online Pick Up Facility

The Applicant has undertaken trade catchment studies and identified that the shopping centre is not a suitable location for a drive-through pick up facility and is better suited to customers collecting items from the front counter (see

Figure 6). It is proposed to delete the approved drive-through pick up parking at the rear of the shopping centre and relocate this closer to the mall entrance to improve access for customers collecting their online deliveries. This change will necessitate the following:

▪ Deletion of drive-through pick up facility at rear of shopping centre;

▪ Relocation of online pick up parking from rear of shopping centre to western side of shopping centre and adjustment to car parking to suit (including re-locating emergency parking north);

▪ Removal of online pickup awning;

▪ Deletion of online pickup graphics, signs and amendments to wall finishes to suit.

There is currently no drive-through pick up facility operating at the Site. This was approved as part of DA 18-00275 and is proposed to be replaced with dedicated pick up spaces.

Figure 6 Approved and Proposed Pick up Facility

Picture 5 Approved Site Plan – Pick Up Facility Parking

Picture 6 Proposed Site Plan – Pick up Facility Parking


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4.3.2. External Shopfronts

The current external shopfront design comprises a compressed fibre cement façade, performance glazing and single-entry door. To ensure all shopfronts activate and articulate the external street frontage, it is proposed to include additional façade details on the architectural plans. It is proposed to include the following annotations on the architectural plans (refer to Appendix B):

‒ Maximum 40% of each tenant shopfronts to be solid (i.e. brickwork, masonry, filming, non-illuminated decals, signage); and,

‒ Minimum 60% of each tenant shopfront to be glazed (i.e. fixed glazing, glazed swing doors, glazed sliding doors).

The above parameters seek to allow a degree of flexibility whilst ensuring future fit outs articulate and activate the street frontage with glazing and quality materials that increase permeability and introduce façade variation.

The minimum glazing elements will ensure transparent frontages that enhance sightlines and openness for a stronger interaction between retail spaces and the public realm. The intent is to create a sense of character and identity that enhances the overall pedestrian experience of Emerton Village.

4.3.3. Water Efficiency Labelling Standards

Condition 10.7.11 specifies the development must comply with the following minimum standards defined by the Water Efficiency Labelling and Standards (WELS) Scheme for any water use fittings:

i. 5 star dual flush toilets ii. 3 star showerheads iii. 6 star taps (for all taps other than bath outlets and garden taps) iv. 3 star urinals v. Water efficient washing machines and dishwashers are to be specified.

The minimum standards stipulated for dual flush toilets and cleaners and service room taps is not considered necessary for a shopping centre development. It is proposed to amend Condition 10.7.11 to reduce toilet suits to 4 star WELS, & cleaner’s taps to 4 star WELS. The suggested re-wording of this condition is provided in Section 5.1.

4.3.4. Miscellaneous Design Changes

The following design changes are proposed:

▪ Shift western wall alignment at Woolworths tenancy 150mm;

▪ Increase MSB room size to 31sqm (increase of 3sqm from DA/18/00275 and 6sqm from MOD/19/00345).

▪ New plant platform with louvre screen;

▪ Additional roof plant platform for mechanical services;

▪ Adjust Woolworths mezzanine office roof to simplify detail;

▪ Reduce the height of shopfront glazing at the northern elevation at either end of the building to accommodate the existing low roof level;

▪ Remove two existing external doors on eastern elevation and infill door opening with masonry wall;

▪ Add door to eastern elevation to match approved (as modified) floor plan;

▪ Relocate EFH;

▪ Modifications to internal supermarket layout;

▪ Amend COM & plant room;

▪ Amend pump room door to louvred double doors;

▪ Remove and infill existing window on eastern elevation;

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▪ Amend windows to mezzanine stairwell on plan to match approved (as modified) elevations; and,

▪ Note added to PO boxes (size and location of PO boxes subject to tenants’ design).

4.3.5. Signage

It is proposed to:

▪ Delete Sign 3, 7, 8, 9, 10, 11 and 12. These signs specifically relate to the drive through online pick-up facility and are no longer relevant.

▪ Modify Sign 15. Sign size to vary for each tenancy (refer to Drawing No. 022 and 023).

4.3.6. Parking

▪ A reduction in parking from 314 spaces to 302 spaces. Note. MOD-19-00345 approved a reduction in parking from 314 spaces to 302 spaces. The modification is consistent with MOD-19-00345.


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Figure 7 Approved and Proposed Site Plan

Approved Site Plan

Approved Site Plan (as modified)

Proposed Site Plan

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EMERTON SECTION 4.55 MODIFICATION AMENDED CONDITIONS 13

5. AMENDED CONDITIONS This section of the report outlines the proposed replacement and/or rewording of the conditions of consent imposed by Council in accordance with the modifications outlined in Section 4. The changes sought by the Applicant are shown with strikethrough text (deletions) and red text (additions).

5.1. CONDITION 2.1 2.1.1 This consent relates to the following drawing/details submitted to Council with the Development Application, subject to compliance with any other conditions of this consent.

Drawing No. Dated

Site Plan – Ground Floor Drawing No. 10306_DA001, Issue D 17.12.2019

Site Plan – Ground Floor Drawing No. 10306_DA001, Issue F 27.04.2020

Site Plan – Roof Plan Drawing No. 10306_DA002, Issue D 17.12.2019

Site Plan – Roof Plan Drawing No. 10306_DA002, Issue E 27.04.2020

Site Demolition Plan – Ground Floor Drawing No 10306_DA-004, Issue B 07.08.2019

Ground Floor – Demolition Plan, Drawing No 10306_DA-005, Issue B 07.08.2019

Ground Floor – Demolition Plan, Drawing No 10306_DA-005, Issue D 27.04.2020

Mezzanine – Demolition Plan, Drawing No 10306_DA-006, Issue B 07.08.2019

Roof – Demolition Plan, Drawing No 10306_DA-007, Issue B 07.08.2019

Ground Floor Plan, Drawing No 10306_DA-011, Issue D 17.12.2019

Ground Floor Plan, Drawing No 10306_DA-011, Issue F 27.04.2020

Mezzanine Level Plan, Drawing No 10306_DA-012, Issue C 17.12.2019

Mezzanine Level Plan, Drawing No 10306_DA-012, Issue D 17.04.2020

Roof Level Plan, Drawing No 10306_DA-013, Issue D 17.12.2019

Roof Level Plan, Drawing No 10306_DA-013, Issue E 17.04.2020

Building Elevations, Drawing No 10306_DA-021, Issue E 18.12.2019

Building Elevations, Drawing No 10306_DA-021, Issue G 27.04.2020

Signage Elevations, Drawing No 10306_DA-022, Issue D 18.12.2019

Signage Elevations, Drawing No 10306_DA-022, Issue F 27.04.2020

Signage Schedule, Drawing No 10306_DA-023, Issue C 18.12.2019

Signage Schedule, Drawing No 10306_DA-023, Issue D 17.04.2020

Building Sections, Drawing No 10306_DA-031, Issue B 07.08.2019

Building Sections, Drawing No 10306_DA-031, Issue C 17.04.2020

Development Areas, Drawing No 10306-081, Issue F 27.04.2020

5.2. CONDITION 10.7.11 Amended architectural plans are required for buildings, or parts of buildings, that are not affected by BASIX, to demonstrate compliance with the minimum standards defined by the Water Efficiency Labelling and Standards (WELS) Scheme for any water use fittings. Minimum WELS ratings are:

vi. 5 4 star dual flush toilets vii. 3 star showerheads viii. 6 star taps (for all taps other than bath outlets, cleaner’s & service room taps, and garden

taps) ix. 3 star urinals x. Water efficient washing machines and dishwashers are to be specified.

5.3. CONDITION 16.1.1 An Occupation Certificate shall not be issued until such time as all relevant conditions of this consent, other than “Operational” conditions, have been satisfied. The use or occupation of the development prior to compliance with all conditions of consent, other than “Operational” conditions, may render the applicant/developer liable to legal proceedings.

14 AMENDED CONDITIONS

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5.4. CONDITION 16.12.1 An Occupation Certificate shall not be issued until such time as all relevant conditions of this consent, other than “Operational” conditions, have been satisfied. The use or occupation of the development prior to compliance with all conditions of consent, other than “Operational” conditions, may render the applicant/developer liable to legal proceedings.

5.5. CONDITION 16.3.1 Prior to the issue of the final Occupation Certificate, all landscaping shall be completed in accordance with the approved landscaping design plan and shall meet the Endeavour Energy’s recommendation and conditions, held at Appendix 1 attached to this consent. All turfed areas shall be finished level with adjoining surfaces and graded to approved points of drainage discharge.

5.6. CONDITION 16.6.1 Any hoarding or similar barrier erected to protect a public place shall be removed from the land and/or public place prior to the issue of the final Occupation Certificate.

5.7. CONDITION 16.6.2 Any temporary toilet facilities provided during construction works shall be appropriately dismantled, disconnected and removed from the land prior to the issue of the final Occupation Certificate.

5.8. CONDITION 16.6.3 Any temporary soil erosion control measure installed during development works shall be removed prior to the issue of the final Occupation Certificate and other permanent measures required by Council’s Soil Erosion Control Policy shall be provided.

5.9. CONDITION 16.6.4 Any temporary builder’s sign or other site information sign shall be removed from the land prior to the issue of the final Occupation Certificate.

5.10. CONDITION 16.6.5 Prior to the issue of the final Occupation Certificate, any temporary site access provided for the purpose of development works shall be removed and the kerb and gutter and/or previous roadworks reinstated in a manner satisfactory to Council. Should the reinstatement involve the provision of a new vehicular crossing, layback, kerb and gutter or road shoulder works the separate approval of Council’s maintenance section shall be obtained (and any appropriate fees paid) prior to such works commencing.

5.11. CONDITION 16.8.1 Prior to the issue of the final Occupation certificate, certification must be provided by a qualified acoustic engineer that all work associated with the installation of the acoustic measures and noise attenuation has been completed in accordance with the certified design and to the standard required by this consent.

5.12. CONDITION 16.10.1 Prior to the issue of the final Occupation Certificate, a Chartered Civil Engineer registered with NER, is to certify that:

a. all the requirements of the approved drainage plan have been undertaken;

b. the minimum detention storage of 452.5m³ has been provided below the 1.5 year ARI weir and a total of 686.3m³ has been provided below the 100 year ARI emergency overflow weir for OSD Tank 1;

c. the orifice size for OSD Tank 1 matches the approved construction certificate plans;

d. For OSD Tank 1 the 1.5 year ARI orifice discharge does not exceed 55.72 l/s and the 100 year ARI orifice discharge does not exceed 55.72 l/s and the 100 year ARI orifice discharge does not exceed 254.18 l/s.

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EMERTON SECTION 4.55 MODIFICATION AMENDED CONDITIONS 15

e. ……………………..

5.13. CONDITION 16.10.2 Prior to the issue of the final Occupation Certificate, a plumber, licensed with NSW Fair Trading………is to certify that all the non-potable water uses are being supply by rainwater and that all the requirements of the detailed Non-Potable Water Reuse Plan have been installed……..Provide a copy of the certification and a signed, works-as-executed Non-Potable Water Reuse Plan to Council’s WSUD Compliance Office at [email protected].

5.14. CONDITION 16.10.3 Prior to the issue of the final Occupation Certificate, an experienced irrigation specialist is to certify that all the requirements of the detailed Landscape Watering Plan have been installed as per the approved plan and are working correctly. Provide a signed, works-as-executed Landscape Watering Plan to Council’s WSUD Compliance Officer at [email protected].

5.15. CONDITION 16.10.4 Prior to the issue of the final Occupation Certificate, a plumber licensed with NSW Fair Trading is to certify that the buildings, or parts of buildings that are not affected by BASIX, comply with the minimum standards defined by the Water Efficiency Labelling and Standards (WELS) Scheme for any water use fittings. Minimum WELS ratings are….

5.16. CONDITION 16.13.2 Prior to the issue of the final Occupation Certificate, a final written clearance shall be obtained from Sydney Water Corporation, Integral Energy and Telstra (or any other recognised communication carrier) if such clearance (in the form of a Section 73 Certificate, Notification of Arrangement etc) has not previously been issued.

5.17. CONDITION 16.14.1 – SURVEYS/CERTIFICATES/WORKS-AS-EXECUTED PLANS

5.17.1. Condition 16.14.1.1

Prior to the issue of the final Occupation Certificate, a Work-as Executed (WAE) plan signed by a Registered Engineer (NER) or a Registered Surveyor must be submitted to Council when the engineering works are completed. A hardcopy (A1 size) and softcopy (on a CD/USB with file format.PDF) of the WAE plans are to be submitted to Council. All engineering Work-as-Executed plans MUST be prepared on a copy of the original, stamped Construction Certificate plans for engineering works.

5.17.2. Condition 16.14.1.2

Prior to the issue of the final Occupation Certificate, a certificate from a Registered Engineer (NER) must be obtained and submitted to Council verifying that the On-Site Detention system as constructed will perform to meet the on-site stormwater detention requirements in accordance with the approved design plans.

5.17.3. Condition 16.14.1.3

Prior to the issue of the final Occupation Certificate, a certificate from a registered engineer (NER) must be lodged with Council verifying that the structures associated with the On-Site Detention System (s) have been constructed to withstand all loads likely to be imposed on them during their lifetime.

5.17.4. Condition 16.14.1.4

Prior to the issue of the final Occupation Certificate, the submission to Council of Compliance Certificate(s) and construction inspection reports required by his consent for engineering works. A final inspection report is to be included noting that all works are complete…..a final inspection checklist must be completed by the applicant prior to the final inspection.

mailto:[email protected]

16 AMENDED CONDITIONS

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5.17.5. Condition 16.14.1.5

Prior to the issue of the final Occupation Certificate, a certificate from a registered engineer (NPER) must be lodged with Council verifying that the adjacent structure does not impose any load on the pipe within the easement and the as-constructed pier………within the easement clear of Council’s drainage easement.

5.18. CONDITION 16.14.2 – EASEMENTS/RESTRICTIONS/POSITIVE COVENANTS 5.18.1. Condition 16.14.2.1

Prior to the issue of the final Occupation Certificate, any easement (s) or restriction (s) required by this consent must nominate Blacktown City Council as the authority to release…..the standard format for easements and restrictions as accepted by the Lands Title Office.

5.18.2. Condition 16.14.2.2

Prior to the issue of the final Occupation Certificate, provide a Restriction to User and Positive Covenant over the On-Site Detention System in accordance with the requirements of Council’s Engineering Guide for Development 2005. The Restriction to User and Positive Covenant must be registered with the NSW Land Registry Services.

5.18.3. Condition 16.14.3

Prior to the issue of the final Occupation Certificate, provide a Restriction to User and Positive Covenant for Overland Flowpath over the full width of the overland flow extends in the peak…..must be registered with the NSW Land Registry Services.

5.18.4. Condition 16.14.4

Prior to the issue of the final Occupation Certificate, provide a Restriction to User and Positive Covenant over the Stormwater Quality Improvement Devices and Rainwater Tanks in accordance with….the Restriction to User and Positive Covenant must be registered with NSW Land Registry Services prior to the final occupation certificate.

5.18.5. Condition 16.14.4.1

Prior to the issue of the final Occupation Certificate, all Section 88B restrictions and covenants created, as part of this consent shall contain a provision that they cannot be extinguished or altered except with the consent of Blacktown City Council.

5.19. CONDITION 16.14.5.1 A maintenance security of 5% of the value of the required engineering works must be lodged with Council prior to the issue of the final Occupation Certificate practical completion of the works. Council will hold this security for a period of at least twelve months……………..this maintenance period may be extended in the following situations to allow for the completion of i) necessary maintenance and or ii) all outstanding minor works.

5.20. CONDITION 17.3.1 All required off-street car parking spaces and internal driveways shall be maintained to a standard suitable for the intended purpose. In this regard, a minimum of 180 car parking spaces are to be provided on site prior to the issue of the first Occupation Certificate and a minimum of 302 car parking spaces are to be provided on site prior to the issue of the final Occupation Certificate. 302 car parking spaces are to be provided on-site. All patrons associated with premises shall be advised to utilise the allocated car parking spaces available on-site.

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EMERTON SECTION 4.55 MODIFICATION SECTION 4.55 (2) CONSIDERATIONS 17

6. SECTION 4.55 (2) CONSIDERATIONS This section of the report assesses the proposed modifications in accordance with the EP&A Act including an assessment of whether the modified proposal is substantially the same as the original approval.

6.1. SUBSTANTIALLY THE SAME DEVELOPMENT Section 4.55(2)(a) requires the consent authority to be:

”satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all)”.

The NSW Land and Environment Court has established several precedents as to what may be considered as being ‘substantially the same development’, and what should be factored into the consideration of this threshold test.

Principles drawn from the judgments include:

▪ The term ‘substantially’ means ‘essentially or materially having the same essence’.

▪ When a consent authority makes a determination as to whether a development is substantially the same it is a question of fact and degree and is not a question of law.

▪ The term to ‘modify’ means to ‘alter without radical transformation’.

▪ In comparing the approved development and the development as proposed to be modified it is necessary to undertake a qualitative and quantitative assessment of the developments in their proper context, and

▪ To undertake a numeric or quantitative assessment of the modification only in the absence of a qualitative assessment would be flawed.

These considerations apply to the modification of a development through design modifications as well as amendments to conditions that impact the nature of the proposal.

The consideration of the ‘substantially the same development’ test should not only include the physical characteristics of the approved and modified schemes, but also the nature and magnitude of the impacts of the developments. In these respects, the modified scheme should be ‘essentially or materially’ the same as that originally approved.

An assessment of the qualitative and quantitative elements of the development approved and as proposed to be modified are provided below:

Qualitative Comparison

The proposal is substantially the same development, in a qualitative sense, as that originally approved because:

▪ The approved use, being a retail premises will not be altered. The shopping centre comprises a similar mix of uses including a supermarket, liquor store and specialty retail.

▪ The proposed modification will not substantially alter the external appearance of the shopping centre.

▪ The proposed modifications do not change the purpose of the approved development nor alter the development description.

▪ The siting and design of the building is generally consistent with the approved layout.

▪ There are no changes to the approved hours of operation. The shopping centre will continue to operate between 7.30am to 10pm Monday to Sunday/

▪ Access to and from the Site has not substantially changed. The proposal, as modified, is entirely consistent with the access arrangements approved under MOD 19-00345.

▪ The parking layout across the site remains generally the same as approved with the exception of re-locating the online pick-up and emergency vehicle parking.

18 SECTION 4.55 (2) CONSIDERATIONS

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▪ There is a reduction in car spaces from 314 car spaces to 302 car spaces however the overall number of parking spaces is compliant with the BDCP 2015 car parking rates and consistent with MOD 19-00345 and the minimum stipulated in the Conditions of Consent.

Quantitative Comparison

The following table provides a summary of the key features of the approved development and the proposed modifications to assist with the quantitative assessment of the proposed modification.

Table 1 Quantitative Assessment

Component Approved

Development (DA

18-00275)

Approved MOD

19-00345

Proposed

Modifications

Change

Building Height 8.5m 8.5m 8.5m No change.

Gross Floor Area 7,448sqm 7,542sqm 7,577qm +129sqm

Note. Minor increase

of 35sqm when

compared to MOD

19-00345.

Building Setbacks No change to

approved building

setbacks.

No change to

approved building

setbacks.

No change to

approved building

setbacks.

No change.

Car Parking 314 302 302 -12 car spaces

Landscaping Soft landscaping

provided within the

car park and at the

perimeter of the

Site.

No change to

approved quantum

of landscaping.

No change to

approved quantum

of landscaping.

No change.

Hours of

Operation

7.30am – 10pm, 7

days a week.

7.30am – 10pm, 7

days a week.

7.30am – 10pm, 7

days a week.

No change.

Signage 20 signs 16 signs 13 signs Deletion of 7

signs.

The proposal is substantially the same development, in a quantitative sense, as that originally approved because it:

▪ Does not propose to change the building height.

▪ Does not significantly alter the GFA calculations.

▪ Does not significantly alter the parking provision as the proposal maintains compliance with the conditions of consent and DCP. Note. when compared to MOD-19-00345, the loss of one (1) car space and addition of one (1) pick-up space is absorbed within the broader development.

▪ No change to overall signage strategy. Proposed to remove signs relating to the online pick-up facility only.

As detailed above, the consent authority can be satisfied that the modified proposal is substantially the same development for which consent was originally granted. The modification of development consent DA-18-00275 can therefore lawfully be approved pursuant to Section 4.55 (2) of the EP&A Act.

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EMERTON SECTION 4.55 MODIFICATION SECTION 4.15 ASSESSMENT 19

7. SECTION 4.15 ASSESSMENT 7.1. ENVIRONMENTAL PLANNING INSTRUMENTS 7.1.1. State Environmental Planning Policy

State Environmental Planning Policy No. 55 Remediation of Land

The proposal, as modified, does not seek to change the use of the building. The Site has a longstanding history of being used for this purpose and there is no evidence to suggest that the Site has previously been occupied by or used for the purposes of a potentially contaminating land use. It is not considered necessary to undertake a preliminary investigation in this case.

State Environmental Planning Policy No. 64 (Signage and Advertising)

An assessment of the proposed signage concept was undertaken as part of the original development application. It is proposed to delete Signs 3, 7, 8, 9, 10, 11 and 12. These signs are navigational signs relating to the drive-through pick up facility. As discussed in Section 4, it is proposed to remove the drive-through online pick up facility which necessitates the removal of these signs. The remaining signs will remain in accordance with the approved coordinated signage scheme with the exception of minor changes to the dimensions of Sign 15. Signage will remain integrated with the building and will be fixed to the building façade or awning facia.

State Environmental Planning Policy (Infrastructure) 2007

State Environmental Planning Policy (Infrastructure) 2007 (ISEPP) was introduced to facilitate the delivery of infrastructure across the State by improving regulatory certainty and efficiency. The Infrastructure SEPP also indicates when consultation with a public authority is required in relation to specific types of development, such as traffic generating development. The Site currently benefits from vehicular access off Jersey Road, an unclassified regional road and Bunting Street, a local road.

Clause 104 of the Infrastructure SEPP outlines the planning requirements for traffic generating development listed in Schedule 3 of the SEPP. A development application for a new shop, or the enlargement or extension of an existing shop, is traffic generating development and subject to Clause 104 if it has a size of 2,000sqm or greater and access to any road.

The existing shopping centre has a total GFA of 10,180sqm. The originally approved development (DA 18-00275) reduced the total GFA from 10,180sqm to 7,448sqm. MOD-19-00345 increased the GFA from 7,448sqm to 7,542sqm.

It is proposed to modify the western wall alignment of the supermarket tenancy, which results in a minor increase in GFA of 35sqm when compared to MOD-19-00345. The total GFA of 7,577sqm is significantly less than the existing shopping centre (-2,603sqm) and therefore referral to the RMS is not considered necessary.

Sydney Regional Environmental Plan No. 20 – Hawkesbury Nepean River

The Site is within the Hawkesbury-Nepean River catchment and therefore is subject to the provisions of SREP 20. An assessment of the proposed development against the relevant policies and strategies contained within SREP 20 was undertaken as part of the original application. The proposed modifications do not alter the proposals ability to comply with SREP 20.

7.1.2. Blacktown Local Environmental Plan 2015

The Blacktown Local Environmental Plan 2015 (BLEP) is the principle environmental planning instrument applicable to the Site. The BLEP was comprehensively considered in the original DA and the proposed modification does not introduce any new matters for consideration. Key provisions are considered in Table 2.

20 SECTION 4.15 ASSESSMENT

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Table 2 BLEP Compliance Assessment

Relevant

Clause

Provision Proposed Complies

2.1 Land

Use Zones

B2 Local Centre The proposal retains the approved

‘retail’ use, which is permissible with

consent in the B2 Zone.

Yes

As approved.

4.3 Height of

buildings

9m 8.5m Yes

As approved.

4.4 Floor

Space Ratio

No maximum specified. 7,577sqm Yes

7.1 Flood

Planning

Consent must not be granted

unless the development is

compatible with the flood hazard

of the land, and not significantly

adversely affect flood behaviour.

In the event of a flood during the

staged occupation of the centre, the

evacuation procedures outlined in

the Flood Management Plan

prepared by GRC Hydro will be

adhered to.

Yes

As approved.

7.9

Development

with frontage

to certain

roads in

Zone SP2

Consent must not be granted to

development on land with

frontage to a ‘Local Road’ or

‘Classified Road’ unless the

consent authority has

considered:

• Whether vehicular access to

the land is provided by a road

other than a ‘Local Road’ or

‘Classified Road.’

• Whether the safety, efficiency

and ongoing operation of the

road will be adversely affected;

• Whether the development is of

a type that is sensitive to traffic

noise or vehicle emissions, or is

appropriately located and

designed, or includes measures,

to ameliorate.

No change to vehicular access. Yes

As approved.

7.1.3. Blacktown Development Control Plan 2015

The proposed modifications identified within this Section 4.55 (2) modification are generally consistent with the relevant provisions of the Blacktown Development Control Plan 2015 (BDCP). These modifications will have no effect on the ability of the approved development, as modified, to comply with these provisions. A summary of the proposed modifications against the relevant DCP controls is provided below.

Part A – General Development Controls

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Section 4.6 Noise Reduction – The construction works will be carried out in accordance with the conditions of consent and approved Acoustic Impact Statement prepared by Reverb Acoustics dated 22 August 2019.

Section 6.3 Car Parking – The proposed car parking (302 car spaces) satisfies both the Conditions of Consent and DCP parking requirements.

Part D – Development in the Business Zones

Section 4.1 Building Design and Construction – The proposed modifications to the external shopfront design will ensure consistency in future fit outs. This is consistent with the DCP which specifically states, ‘whilst a variety of design and use of materials is encouraged, some continuity of style should be maintained within each centre.’

In accordance with Section 4.1 of BDCP, the reflectivity of external glass used in a building is to be restricted such that surrounding areas are not subject to discomfort through glare and intense heat. A minimum of 60% of each tenant shopfront is to be glazed in the form of fixed glazing, glazed swing doors and glazed sliding doors. The proposed glazing will not affect road traffic and will have 20% maximum reflectivity.

Section 4.9 Signage – It is proposed to remove several signs which relate to the drive-through Supermarket Online Pick Up facility. There is no change to the overall approved signage strategy.

Section 4.10 Solar Access – There is no change to the approved building height and reasonable levels of solar access to neighbouring properties and the public domain will be retained.

The proposed modifications do not alter the approved development’s capacity to satisfy the objectives of the BDCP 2015.

7.2. DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS There are no relevant draft environmental planning instruments.

7.3. LIKELY IMPACTS OF THE DEVELOPMENT 7.3.1. Visual Impacts

Hoarding – Temporary hoarding will be in place whilst construction works are undertaken in the northern portion of the Site, resulting in short-term visual impacts. Once these works are complete, all hoarding will be removed from the Site.

External Shopfronts – The proposed external shopfront detail will ensure each tenancy shopfront is consistent in form and style with regards to solid vs glazed elements and signage zones.

Miscellaneous Design Changes - The proposal involves miscellaneous design changes including amendments to the MSB room size, adjustment to the mezzanine office roof, removal of two existing doors on eastern elevation, amendment to western wall alignment and a new plant platform with louvre screen which will be partially visible from a distance. These changes will not result in any additional built form impacts to that already approved.

7.3.2. Public Safety and Construction Impacts

The proposed staging of the development will require the adoption of various mitigation measures to ensure that access, amenity, public safety and site interface is maintained whilst the remainder of construction works are undertaken after the first Occupation Certificate is issued.

Mitigation measures include:

▪ Erecting hoarding and fencing in locations where construction works are undertaken to maintain public safety and ensure public access and site security is maintained at all times;

▪ Enclosing operational construction plant and equipment by perimeter safety screens and scaffolding;

▪ Removing construction related equipment prior to the completion of all works.

The proposed staged occupation and handover process will be supported by a Staged Construction Management and Occupation Plan. The Plan will identify detailed mitigation measures to ensure that access,

22 SECTION 4.15 ASSESSMENT

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amenity, public safety and site interface is maintained during the ongoing construction phase of the development.

7.3.3. Amenity

Construction Impacts

The construction works will be carried out in accordance with the approved Acoustic Impact Statement prepared by Reverb Acoustics dated 22 August 2019 and the conditions of consent. As outlined in the conditions of consent, a temporary barrier of plywood will be constructed at the perimeter of the Site, adjacent the residences impacted for the duration of noise generating activities. Acoustic enclosures will also be installed around stationary noise sources that are located in exposed locations in the vicinity of residential boundaries. In summary, noise will be appropriately managed throughout the construction and operational period.

Overshadowing

Shadow diagrams have been prepared by Nettleton Tribe and are submitted at Appendix B. As evident in the shadow diagrams below, there will be a minor increase in shadow at the rear of the Site. The additional shadow is located entirely within the subject Site and the proposed modifications do not give rise to adverse shadow impacts on surrounding properties.

7.3.4. Landscaping

There is no change to the approved landscape concept however it is not possible to complete all landscaping works prior to the issuance of the first Occupation Certificate. The majority of landscaping will be complete prior to the issue of the first Occupation Certificate with the exception of the landscaping within the areas nominated as works zones on the staging plan. All landscaping works will be completed prior to the issue of the final Occupation Certificate.

7.3.5. Traffic and Parking

Vehicular Access and Servicing

During the staged opening of the shopping centre, vehicular access will be available via Bunting Street in accordance with the approved and current vehicular access arrangements. Woolworths and the adjacent liquor shop will be serviced via the proposed new loading docks. The Woolworths dock will be accessed from Bunting Street whilst the northern portion of the car park is complete (as per the previous shopping centre) and the specialty shops (excluding the liquor shop) will be serviced from the eastern service road as per the approved development, with entry from Bunting Street. Truck turning paths have been prepared and are submitted at Appendix D.

Car Parking

A Traffic and Parking Impact Statement has been prepared by Colston Budd & Rogers and submitted at Appendix C. An assessment of the traffic and parking aspects of the proposed staged opening of the shopping centre has been undertaken. The staged opening will involve:

▪ Closure and demolition of existing shops on the northern part of the site to allow construction of the new car park and access to Jersey Road;

▪ Opening of 13 retail tenancies + supermarket;

▪ Opening of the new Woolworths supermarket;

▪ Access from Bunting Street via the northern and southern driveways;

▪ Provision of some 180 on-site parking spaces comprising:

‒ 133 spaces within the main carpark;

‒ 29 spaces within the car park located at the southern part of the site; and

‒ 18 spaces (allocated to staff) within the eastern service road;

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The staged opening of the shopping centre will result in the initial provision of some 180 parking spaces on site. In accordance with Blacktown DCP, the staged opening of the shopping centre requires approximately 225 spaces.

However, the DCP does not consider reduced parking demand for the supermarket following the introduction of supermarket home deliveries and pick up. Accordingly, parking required for the supermarket would be reduced by some 10% or 15 spaces resulting in an overall parking requirement of 210 spaces.

The site also has 42 on street spaces along the frontage of the site. As part of the traffic assessment for the approved shopping centre, surveys of utilisation of these spaces over a day were undertaken. These found that during the period of peak parking demand for the shopping centre (between 10.00am and 3.00pm), that at least 28 of these spaces were always vacant. The closure of the central driveways on Bunting Street will further increase on street parking by some four spaces resulting in some 32 spaces being available.

Whilst the proposal does not seek to rely on on-street parking, the combination of on-site and on-street parking (along the site frontage) results in a total of 212 spaces available which satisfies the parking requirement for 210 spaces.

Traffic Impacts

The staged opening of the shopping centre will provide less GFA than the previous and approved (DA 18-00275) shopping centre. The staged opening of the shopping centre will therefore generate less traffic than the previous and approved shopping centre.

7.3.6. Drainage

The proposed staging plan has been reviewed by Van Der Meer Consulting. The onsite stormwater detention tanks have been positioned to be compatible with a staged opening of the shopping centre. However, it is not possible to complete all stormwater pipelines within the area nominated as work zone on the staging plan prior to the first Occupation Certificate. Once new work commences in the work zone, the stormwater pipelines will be completed prior to the issue of the final Occupation Certificate.

7.4. SUITABILITY OF THE SITE The suitability of the Site for the development has been established through the approval of DA 18-00275. The proposed modifications do not alter the nature of the development such that it would become unsuitable for the Site as:

▪ There is no change to the approved land use;

▪ The development as modified will continue to comply with BLEP and BDCP; and

▪ The likely impacts of the modified development are appropriate and consistent with the original development approval and the proposed modifications will have negligible environmental impacts.

7.5. NOTIFICATION AND SUBMISSIONS The applicant will consider any submissions made concerning the proposed modifications within the period prescribed by the regulations.

7.6. THE PUBLIC INTEREST The proposal is considered in the public interest for the following reasons:

▪ The proposed staging will permit occupation of the specialty tenants and supermarket by September 2020, therefore fast tracking the delivery of the development and ability to meet local demand;

▪ The proposed modifications will maintain the amenity of surrounding development and the public domain by ensuring there is permeability of the Site during ongoing construction of the development; and

▪ The proposed modifications will have no adverse impact on the public interest as careful consideration has been given to public access, public safety and site interface during the staging of construction and occupation.

24 CONCLUSION

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8. CONCLUSION This modification application is lodged on behalf of Fabcot Pty Ltd under Section 4.55 (2) of the EP&A Act. It seeks to modify the approval (DA 18-00275) located at 32 & 40 Jersey Road, Emerton. The proposed modification has been assessed against the relevant heads of consideration and is considered to be substantially the same development as that originally approved.

The proposed modifications are considered satisfactory and acceptable for the following reasons:

▪ The proposed modifications reflect ongoing design refinements on behalf of the landowners and project team to ensure that the end development is responsive to the needs of the community;

▪ The proposed modifications are in the public interest as they will allow interim occupation certificates to be issued whilst construction works are undertaken, minimising disruption to ongoing business operations and fast tracking the delivery of the development;

▪ The proposed modifications maintain compliance with the key development standards contained within Blacktown LEP 2015 and Blacktown DCP 2015; and,

▪ The development as modified will remain substantially the same, and there will be no additional environmental impacts which cannot be suitably managed through the consent.

As demonstrated in this SEE, the modification is considered to be acceptable and worthy of Council support and approval.

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EMERTON SECTION 4.55 MODIFICATION DISCLAIMER 25

DISCLAIMER This report is dated 28 April 2020 and incorporates information and events up to that date only and excludes any information arising, or event occurring, after that date which may affect the validity of Urbis Pty Ltd (Urbis) opinion in this report. Urbis prepared this report on the instructions, and for the benefit only, of FABCOT PTY LTD (Instructing Party) for the purpose of Section 4.55 Modification (Purpose) and not for any other purpose or use. To the extent permitted by applicable law, Urbis expressly disclaims all liability, whether direct or indirect, to the Instructing Party which relies or purports to rely on this report for any purpose other than the Purpose, and to any other person which relies or purports to rely on this report for any purpose whatsoever (including the Purpose).

In preparing this report, Urbis was required to make judgements which may be affected by unforeseen future events, the likelihood and effects of which are not capable of precise assessment.

All surveys, forecasts, projections and recommendations contained in or associated with this report are made in good faith and on the basis of information supplied to Urbis at the date of this report, and upon which Urbis relied. Achievement of the projections and budgets set out in this report will depend, among other things, on the actions of others over which Urbis has no control.

In preparing this report, Urbis may rely on or refer to documents in a language other than English, which Urbis may arrange to be translated. Urbis is not responsible for the accuracy or completeness of such translations and disclaims any liability for any statement or opinion made in this report being inaccurate or incomplete arising from such translations.

Whilst Urbis has made all reasonable inquiries it believes necessary in preparing this report, it is not responsible for determining the completeness or accuracy of information provided to it. Urbis (including its officers and personnel) is not liable for any errors or omissions, including in information provided by the Instructing Party or another person or upon which Urbis relies, provided that such errors or omissions are not made by Urbis recklessly or in bad faith.

This report has been prepared with due care and diligence by Urbis and the statements and opinions given by Urbis in this report are given in good faith and in the reasonable belief that they are correct and not misleading, subject to the limitations above.

Documents

SECTION 4.55 (2) MODIFICATION - Blacktown City Council