AGENDA - IHAP

Meeting:

Georges River Independent Hearing Assessment Panel (IHAP)

Date:

Wednesday, 14 December 2016

Time:

4pm

Venue:

Hurstville Civic Centre

Participants:

Adam Seton (Chairman)

Juliet Grant (Panel Member)

Paul Vergotis (Panel Member)

Erin Sellers (Community Representative)

Additional Invitees:

Meryl Bishop (Director - Enironment and Planning)

Tina Christy (Manager - Development Assessment)

Lynne Denham (PA to Director - Environment and Planning/
IHAP Coordinator)

Monica Wernej (Admin Assistant)

 

  

1. On Site Inspections - 1.00pm – 3.30pm

a) Shop 4/14-16 Ormonde Parade, Hurstville

 

 

 

Break - 3.30pm

2. Speakers 4.00pm 6.00pm -

Public Meeting Session Closed - 6.00pm

(Break – Light Supper served to Panel Members)

3. Reports and IHAP Deliberations in Closed Session - 6.30pm

 

 

 

 

Item:

DA No:

Address:

Description:

3.1

2016/0158

Shop 4/14-16 Ormonde Parade, Hurstville

 

Change of use/fit out to tattoo studio

 

 

 

 

 

 

 

4. Confirmation of Minutes by Chair

 

 


Georges River Council – Independent Hearing and Assessment Panel Wednesday, 14 December 2016

Page 3

 

REPORT TO GEORGES RIVER COUNCIL

IHAP MEETING OF Wednesday, 14 December 2016

 

IHAP Report No

3.1

Application No

2016/0158

Site Address & Ward Locality

Shop 4/14-16 Ormonde Parade, Hurstville

Kogarah Bay Ward

Proposal

Change of use/fit out to tattoo studio

Report Author/s

Senior Building Surveyor, Mark Gollins

Owners

Mr M Hu

Applicant

Mr K Li

Zoning

B4 Mixed Use under KLEP 2012

Date Of Lodgement

9/08/2016

Submissions

Three (3)

Cost of Works

$3,500.00

Reason for Referral to IHAP

Nature of development and unresolved objections.

 

 

Recommendation

That the application be approved in accordance with conditions included in the report.

 

 

 

Site Plan

 

Executive Summary

 

Proposal

 

1.           Council is in receipt of an application for the change of use and fitout of an existing strata commercial suite into a new tattoo studio on the subject site.

 

Site and Locality

 

2.           The site is located on the southern side of Ormonde Parade between the intersections of Butler Road and Railway Parade. The site also has a frontage to Butler Lane at the rear.

 

3.           The subject commercial suite is located at ground floor level on the front Ormonde Parade elevation of an existing multi storey mixed commercial residential building.

 

Zoning and Permissibility

 

4.           The site is zoned B4 Mixed Use under KLEP 2012 and the proposal is a permissible form of development with Council’s consent.  The proposed development satisfies all relevant clauses contained within KLEP 2012.

 

Kogarah Development Control Plan 2013 (KDCP 2013)

 

5.           The proposed development is situated within the Hurstville Town Centre and is subject to the provisions of the Kogarah Development Control Plan 2013 (KDCP2013). The proposed development satisfies the objectives and controls contained within the DCP.

 

Submissions

 

6.           Three (3) submissions were received raising the following concerns

 

(i)        The tattoo studio will bring undesirable people to the area, create safety concerns, lead to gang violence and anti-social behaviour.

(ii)       The tattoo studio will attract people of unsavoury character, create stress and effect the enjoyment of the building for other building occupants and devalue neighbouring property.

(iii)      A tattoo parlour operating in an area, gives an impression to people visiting the building or passing down the street, of a low class poor area and a place where people would not wish to live.

(iv)      The applicant has subdivided the shop without the permission of the strata management.

 

Conclusion

 

7.           Having regard to the heads of consideration under Section 79C (1) of the Environmental Planning and Assessment Act 1979 and following a detailed assessment of the proposal, Development Application No. 158/2016 should approved subject to the conditions outlined in this report.

 


 

Report in Full

 

Proposal

 

8.           Council is in receipt of an application for the change of use and fitout of an existing strata commercial suite which is currently used as a newsagency into a new tattoo studio on the subject site.

 

The Site and Locality

 

9.           The site is located on the southern side of Ormonde Parade between the intersections of Butler Road and Railway Parade. The site also has a frontage to Butler Lane at the rear.

 

10.         The subject commercial suite is located at ground floor level on the front Ormonde Parade elevation of an existing multi storey mixed commercial residential building.

 

 

Zoning and KLEP 2012 Compliance

 

11.         The site is zoned B4 Mixed Use under KLEP 2012 and the proposal is a permissible form of development with Council’s consent.  The proposed development satisfies all relevant clauses contained within KLEP 2012.

 

Section 79C Assessment

 

12.         The following is an assessment of the application with regard to Section 79C (1) of the Environmental Planning and Assessment Act 1979.

 

(1)     Matters for consideration – general

 

In determining an application, a consent authority is to take into consideration such of the following matters as are of relevance to the development the subject of the development application:

 

(a)       the provision of:

(i)      any environmental planning instrument,

 

Kogarah Local Environmental Plan 2012 (KLEP 2012) 

 

Part 2 – Permitted or Prohibited Development

 

Clause 2.1 – Land Use Zones

 

13.         The subject site is zoned B4 - Mixed Use and the proposal is a permissible form of development with Council’s consent.  The proposed development satisfies the objectives of the zone.

 

Part 4 – Principal Development Standards

 

Clause 4.6 – Exceptions to development standards

 

(1)          The objectives of this clause are as follows:

 

(a)     to provide an appropriate degree of flexibility in applying certain development standards to particular development,

 

(b)     to achieve better outcomes for and from development by allowing flexibility in particular circumstances.

 

(2)         Development consent may, subject to this clause, be granted for development even though the development would contravene a development standard imposed by this or any other environmental planning instrument. However, this clause does not apply to a development standard that is expressly excluded from the operation of this clause.

 

14.         Not applicable.

 

Part 5 – Miscellaneous Provisions

 

Clause 5.4 – Control relating to miscellaneous permissible uses

 

15.         n/a

 

Clause 5.9 – Preservation of Trees or Vegetation

 

16.         The proposed development does not involve the removal of any tree or vegetation subject to the provisions of this clause.

 


 

Clause 5.10 – Heritage Conservation 

 

17.         The subject site is not listed as a heritage item in Schedule 5, is not within a Heritage Conservation Area, nor are there any heritage items located nearby.

 

Part 6 – Additional Local Provisions

 

Clause 6.1 – Acid Sulfate Soils

 

18.         The subject site is not shown as being affected by acid sulfate soils as identified on the Acid Sulfate Soil Map.

 

State Environmental Planning Policy (Building Sustainability Index: BASIX) 2004

 

19.         A BASIX Certificate is not required to be issued for the proposed development.

 

State Environmental Planning Policy (Infrastructure) 2007

 

20.         The site is located opposite the Southern/Illawarra Railway corridor. In this regard Clauses 85 & 87 of the Infrastructure SEPP must be considered.

 

21.         In this regard the proposed change in use is not likely to have an adverse effect on rail safety or involve the use of a crane in air space above the rail corridor. The considerations outlined in Clause 85 (Development adjacent to Rail Corridors) are considered complied with.

 

22.         The proposed use of the suite is not for residential purposes, public worship, a hospital, educational establishment or child care centre. The considerations outlined in Clause 87 (Impact of rail noise or vibration on non-rail development) are therefore considered complied with.

 

Deemed State Environmental Planning Policy – Georges River Catchment

 

23.         Any stormwater from the proposed development can be treated in accordance with Council’s Water Management Policy and would satisfy the relevant provisions of the Deemed State Environmental Planning Policy – Georges River Catchment

 

(ii)       any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority, and

 

24.         A Planning Proposal for the New City Plan to amend Kogarah LEP 2012 is currently being considered.

 

25.         The New City Plan includes changes to zoning and the introduction of development standards in parts of the City to deliver a range of new housing options.

 

26.         The proposal is not inconsistent with the objectives and standards with the New City Plan

 

27.         There are no other draft planning instruments that are applicable to this site.


 

 

(iii)      any development control plan,

 

Kogarah Development Control Plan 2013 (KDCP 2013)

 

28.         The proposed development is situated within the Hurstville Town Centre and is subject to the provisions of the Kogarah Development Control Plan 2013 (KDCP2013). The following comments are made with respect to the proposal satisfying the objectives and controls contained within the DCP.

 

Vehicular access, Parking and Circulation

 

29.         The proposed development maintains a commercial use on the site which satisfied the requirements for vehicular access parking and circulation at the time of the original assessment.  In this regard, a multi-level car park is situated below the existing commercial suite subject to the proposed change in use.

 

30.         Eighteen (18) carspaces are allocated on title for the use of visitors to the building. Two (2) carspaces are allocated on title for the use by people with a disability. One car space is also allocated on title upon Parking Level One for the use of the occupants of the proposed tattoo studio.

 

31.         The carparking levels are connected to other levels of the building via an internal lift.  The existing car park satisfies the parking demand generated by the proposed change in use.

 

32.         The proposed development satisfies the relevant objectives and controls KDCP 2013.

 

Signage

 

33.         It is proposed to install signage within the shop front window to identify the use and premises. The submission contains insufficient detail to accurately assess the proposed signage. 

 

34.         A condition of Development consent has been imposed to reflect the above.

 

BCA Considerations

 

Access for People with a Disability

 

35.         Pursuant to Part D3.1 of the BCA, access for people with a disability is to be provided to and within all areas normally used by the occupants of the building, from the main point of pedestrian entry at the allotment boundary and from any required accessible carparking space.

 

36.         The proposal appears capable of compliance with the above requirement. Specific details will need to be submitted to indicate the intended method of compliance prior to the issue of a C/C.

 

37.         A condition of Development consent has been imposed to reflect the above.

 


 

Sanitary Facilities

 

38.         Sanitary facilities for the use building occupants and people with a disability are required to be provided within the building in accordance with the requirements of Part F2.3 & F2.4 of the BCA. The submission contains insufficient detail to accurately assess the compliance with this requirement. 

 

39.         A condition of Development consent has been imposed to reflect the above.

 

(iv)      Any matters prescribed by the regulations, that apply to the land to which the development application relates,

 

40.         Not applicable.

 

(b)       the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality,

 

41.         The proposed development is of a scale and character in keeping with other commercial uses in the locality. Accordingly, the proposal is not considered to have a significant impact on the natural and built environment of the locality.

 

42.         The potential social impact of the proposed development is summarized by statistical data and the findings contained within the NSW Police Crime Assessment Report.

 

43.         In this regard, NSW Police advise that there is a recognised correlation between high levels of social disadvantage and crime. Based on information obtained from the Australian Bureau of Statistics, the proposed development is sited within an area that has a low level of social disadvantage.

 

44.         Reported crime statistics have been used by NSW Police to help identify crime likelihood within geographical areas referred to as Police Local Area Commands (LAC).

 

45.         After conducting a Crime Risk Evaluation for the proposed development, NSW Police St George LAC have advised that the crime risk rating has been identified as high.

 

46.         NSW Police have outlined social and community safety concerns with the proposed development and the location. The concerns raised indicate that the development has the potential to introduce new victims, crime opportunities and offenders to the site and surrounds, with a highly probable crime increase in the future.

 

47.         Concerns have also been raised that Ormonde Parade is a busy road with a high pedestrian traffic count emanating from neighbouring Train and Bus Stations, adjoining businesses and residential properties and that the proposed use has the potential to encourage criminal gangs to the area.

 

48.         Apart from the information contained in the NSW Police Crime Assessment Report, no other statistical data or information has been furnished to indicate that the proposed development will have a social impact on the locality.

 

49.         No statistical data or information has been furnished to indicate that the proposed development will have a detrimental economic impact on the locality.  

 

(c)     the suitability of the site for the development,

 

50.         It is considered that the proposed development is of a scale and design that is suitable for the site having regard to its size and shape, its topography and relationship to adjoining developments.

 

(d)    any submissions made in accordance with this Act or the regulations,

 

51.         In accordance with the provisions of Section A2 – Public Notification of KDCP 2013, the application was placed on neighbour notification for a period of fourteen (14) days adjoining property owners were notified in writing of the proposal and invited to comment. Submissions were received from the buildings Strata Manager and the owners of Unit 71 and Shop 2, 14 – 16 Ormonde Parade, raising the following concerns:

 

1.      The tattoo studio will bring undesirable people to the area, create safety concerns, lead to gang violence and anti-social behaviour.

2.      The tattoo studio will attract people of unsavoury character, create stress and effect the enjoyment of the building for other building occupants and devalue neighbouring property.

3.      A tattoo parlour operating in an area, gives an impression to people visiting the building or passing down the street, of a low class poor area and a place where people would not wish to live.

4.      The applicant has subdivided the shop without the permission of the strata management.

 

52.         NSW Police were also notified in accordance with the protocol agreement between Hurstville Police and Georges River Council, with respect to the development and the guidelines for Crime Prevention and assessment of Development Applications.

 

53.         A Crime Assessment report has been received by Council from NSW Police in response to this notification.

 

Comment – NSW Police Crime Risk Assessment report

 

54.         Concerns were raised in relation to the proposed use by NSW Police in the Crime Risk Assessment Report, particularly in respect to the safety of staff, residents and surrounding properties. Other concerns were raised in respect to anti-social, offensive conduct and possible criminal behaviour occurring upon the site and within the locality, as a result of the proposed use, particularly in the early hours of the morning.

 

55.         The NSW Police Crime Risk Assessment Report also outlined recommendations in the event that Council as the consent authority, is to approve of the proposed development.

 

56.         A summary of these recommendations is as follows

 

Community Safety Concerns

 

57.         The DA submission did not request specific hours of operation.

 

58.         NSW Police have major concerns with regard to the proposed use on the basis of a strong likelihood of anti-social behaviour and criminal offences occuring in the early hours of the morning. 

 

59.         To address Community Safety concerns, NSW Police have recommended that if Council consents to the development, that

 

60.         a) The approved hours of operation be in keeping with surrounding businesses and be limited to between 10am to 10pm.

 

61.         b) Closed Circuit Television Systems (CCTV) be installed to provide surveillance internally and externally and that a plan of management for CCTV be submitted and approved by Council.

 

62.         c) That Development Consent be issued on a trial basis of twelve (12) months with reviewable consent conditions. 

 

Surveillance

 

63.         NSW Police have advised that people involved in anti-social or criminal behaviour do not like to have their activities monitored.

 

64.         Comments have also been received advising that the layout, orientation and location, strategic use of lighting and landscaping, can reduce opportunity for anti-social or criminal behaviour.  

 

65.         To address these concerns, NSW Police recommend that if Council grants consent to the development, that

 

a)   There is good surveillance to and from and around the development.

b)   A CCTV system is installed and monitored in accordance with AS 4608.1.2.3.4

c)   Lighting is installed to increase surveillance opportunities during hours of darkness.

 

Access Control

 

66.         NSW Police have advised that access control should restrict, channel and encourage people into, out of and throughout the development. Access control can also be used to increase the time and effort required to commit a crime or anti-social behaviour.

 

67.         Comments have also been received advising that the tactical use of design features, such as facility construction, security hardware and on site guardians (such as security staff), can reduce opportunity for criminal behaviour.

 

68.         To address these concerns, NSW Police recommend that if Council grants consent to the development, that

 

a)   The main entry door is fitted with an access control system.

b)   An intercom system is installed at the entry and egress points

c)   Doors, window and hardware installed within be of appropriate and compliant construction and be secured to restrict access.

d)   Access to parking areas should be via a surveillance entry point.

 


 

Territorial Re-enforcement

 

69.         NSW Police have advised that territorial re-enforcement is about who owns and manages the development and who cares for the development. Criminals are more likely to be deterred by the presence of people, who are connected with and protective of a development.

 

70.         Comments have also been received advising that the use of symbolic boundary markers, spatial legibility and environmental cues to connect people with the development and to encourage community responsibility for the development and to communicate what activities are appropriate.

 

71.         To address these concerns, NSW Police recommend that if Council grants consent to the development, that

 

a)   Street and identification numbers be prominently displayed on the premises.

b)   A mailbox be located on the property to reduce excuse making opportunities for criminals.

c)   Signage being strategically posted around the property to warn intruders of security treatments that have been installed in the premises. 

 

Space Management

 

72.         NSW Police have advised that space and activity management should be used and maintained to maximise community safety.

 

73.         Comments have been received advising that all spaces to be effectively used and maintained to maximise community safety. Places that are infrequently used are commonly abused by people. Space and activity management strategies are an important means of maintaining community control

 

74.         To address these concerns, NSW Police recommend that if Council grants consent to the development, that

 

a)   A monitored intruder alarm, with duress facility be installed within the premises to enhance physical activity and monitor activity.

b)   Staff be trained in the correct use of the alarm system.

c)   The alarm system should have a supplementary system to transmit alarm signal in the advent that telephone lines are cut.

d)   Emergency and management plans must be established to familiarise management, staff and residents what to do in the event of situations, particularly emergency situations, taking place.

 

Summary

 

75.         To address the concerns raised by NSW Police in relation to the development, specific conditions of Development consent have been incorporated to

 

76.         a) Restrict the approved hours of operation in keeping with surrounding businesses and be limited to between 10am to 10pm.

 

77.         b) Development Consent be issued on a trial basis of twelve (12) months with reviewable consent conditions. 

 

78.         The other relevant recommendations from NSW Police have been incorporated into consent conditions as a general condition.

 

Comment – Public Submissions

 

79.         The concerns raised by the Strata Manager and the adjoining neighbours have also been considered.

 

80.         Many of the public concerns raised are consistent and are correlated to a well-documented historical link between tattoo studios and anti-social and criminal activities. 

 

81.         It should be noted however, pursuant to the Kogarah LEP 2012, the proposed use is permissible within the B4 – Mixed Use zoning applicable to the site.

 

82.         In this regard, to maintain the amenity of the surrounding area, the hours of operation have been modified by way of proposed consent conditions to be more in keeping with the locality and surrounding commercial and residential land-uses.

 

83.         The other public concerns raised by the opponents of the development are primarily subjective perspectives regarding the issue of public amenity, safety and public interest.

 

84.         In assessing this application, previous Land & Environment Court decisions have held the consent authority must not blindly accept subjective concerns raised in public submissions and that there must be evidence that can be objectively assessed that shows the adverse effect of the development on the amenity of the area. 

 

85.         At the time of assessment, no other evidence has been submitted to indicate specifically that the proposed development, its proprietors, staff and customers would have an adverse effect on the amenity of the area.

 

86.         In this regard as the proposed use is a permissible use within the locality, the proposed development is considered acceptable.

 

87.         The consent of the owner of the individual strata lot (Lot 88, SP61964) has been obtained for the making of the development application. Although the proposed change in use and fitout works are depicted as being contained within the boundaries of the individual strata lot, based on the details submitted it is not possible to confirm whether proposed works such as plumbing and electrical works may be required outside the lot boundaries.

 

88.         In this regard Owners Corporation consent may be required for such work. A condition of Development consent has been imposed to reflect the above.

 

89.         Concerns raised regarding the previous subdivision of the existing shop without Owners Corporation consent have been noted. An inspection of the site reveals that the existing retail shop is currently used as a newsagency and shoe store, with an internal partition wall separating each area. A condition of consent has been incorporated requiring the proposed use as a tattoo studio to extend across the entire Strata Lot, known as Shop 4/14-16 Ormonde Parade (Lot 88, SP 61964).

 

 

 

 

(e)     the public interest.

 

90.         For the reasons previously outlined in this report, the proposed development is considered to be of a scale and character that does not conflict with the public interest.

 

Conclusion

 

91.         The application has been assessed having regard to the heads of consideration under Section 79C (1) of the Environmental Planning and Assessment Act 1979, the provisions of KLEP 2012 and the KDCP 2013.

 

92.         Following detailed assessment it is considered that Development Application No. 158/2016 should approved subject to standard and the additional conditions outlined in this report.


 

 

SPECIFIC DEVELOPMENT CONDITIONS

 

SECTION A - General Conditions

 

The conditions that follow in this Section A of the Notice of Determination are general conditions which are imposed to ensure that the development is carried out in accordance with the development consent.

 

(1)       Approved Plans of Consent

 

The development must be implemented in accordance with the approved plans, specifications and details listed below and any supporting information submitted with the Development Application except as amended by any conditions attached to the Development Consent:

 

(i)         Architectural plans drawing numbers 1 to 3, untitled dated 3 August 2016

 

(2)       Duration of Consent

 

            The duration of this consent is limited to a trial period of twelve (12) months from the date of issue of any Occupation Certificate. In this regard, a separate development application shall be lodged before the expiration date for Council’s consideration should the continuation of the use be proposed.

 

SECTION B –Prior to the Issue of a Construction Certificate or Demolition Conditions

 

The conditions that follow in this Section B of the Notice of Determination relate to the payment of fees, amendments being made to the proposal, further investigation being undertaken or the preparation of documentation that must be complied with prior to the issue of a Construction Certificate or Demolition.

 

Note:  A copy of the Construction Certificate shall be forwarded to Council prior to commencement of construction where Council is not the certifier who issued the Construction Certificate.

 

(3)       Asset & Building Fees

 

Payment of the following amounts as detailed below:

 

·    Principal Certifying Authority/Inspections Fees of      $450.00

 

(4)       Certification of Skin Penetration Premises

 

To ensure that adequate provision is made for the cleanliness, hygiene and maintenance of all hairdressing, beauty and skin penetration salons, all work associated with the fit-out of the premises shall be designed and implemented in accordance with the requirements of:-

a)   The Building Code of Australia;

b)   The Public Health Act 2010;

c)   Public Health Regulation 2012;

 

Certification to this effect shall be provided by an appropriately qualified person.

 

(5)       Sydney Water (DA Only)

 

The approved plans must be processed through Sydney Water to determine whether the development will affect any Sydney Water asset’s (sewer and water mains, stormwater drains and/or easements) and if any further requirements need to be met.  An approval receipt will be issued by Sydney Water which is to be submitted to Council or the Principal Certifying Authority.

 

Please refer to the web site www.sydneywater.com.au for;

 

·    Sydney Water Tap in – see Plumbing, building and developing and then Sydney Water Tap in; and

·    Building over/adjacent to a Sydney Water Asset - see Plumbing, building and developing, building then Building Approvals or telephone 13 20 92.

 

(6)       Required Sanitary Facilities

 

Sanitary facilities are to be provided within the premises, for the use of staff and people with a disability in accordance with the requirements of Parts F2.3 & F2.4 of the Building Code of Australia (BCA). In this regard the plans are to be amended to indicate the intended method of compliance prior to the issue of a Construction Certificate.

 

(7)       Access for People with a Disability

 

Access for people with a Disability is to be provided to and within all areas normally used by the occupants of the building, from the main point of pedestrian entry at the allotment boundary and from any required accessible carparking space. The plans are to be amended to indicate the intended method of compliance prior to the issue of a Construction Certificate.

 

Use to Extend across entire Strata Lot

 

(8)       The proposed use as a tattoo studio to extend across the entire Strata Lot, known as Shop 4/14-16 Ormonde Parade (being Lot 88, SP 61964). In this regard, the plans are to be amended to indicate the intended method of compliance prior to the issue of a Construction Certificate.

 

 

SECTION C – Prior to Commencement of Construction Conditions

 

The conditions that follow in this Section C of the Notice of Determination are specific to the proposed development and must be complied with prior to the commencement of construction on the site.

 

nil

 

SECTION D – Construction and Operational Conditions

 

The conditions that follow in this Section D of the Notice of Determination are imposed to ensure the development is constructed and operates having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment during the construction phase or the operation of the use.

 

(9)       NSW Police Crime Assessment Report

 

The recommendations outlined in the NSW Police Force – Crime Assessment Report dated 20 September 2016, are to be complied with in full, prior to the issue of an Occupation Certificate. Alternatively, confirmation in writing is to be furnished to Council from NSW Police, to verify if any of the recommendations outlined in this report are to be modified or deleted.

 

(10)     Signage

 

The application contains insufficient detail to accurately assess proposed signage within the shop front window at the front of the site. In this regard, signage is to either comply with the requirements of the Codes SEPP (Exempt and Complying Development) 2008 or a separate Development Application is to be submitted for Council’s assessment and determination.

 

(11)     Works Outside of Strata Lot

 

This consent does not authorise development or works outside the boundaries of the individual strata lot, being Lot 88, SP 61964 (known as Shop 4, 14 -16 Ormonde Parade), or works which require separate consent from the Owners Corporation.

 

(12)     Hours of Operation

 

The hours of operation shall be limited to 10am to 10pm, Monday to Sunday (including public holidays).

 

(13)     Impact of Noise

 

The proposed use of the premises and the operation of all plant and equipment shall not give rise to an ‘offensive noise’ as defined in the Protection of the Environment Operations Act 1997 and Regulations.

 

In this regard, the operation of the premises and plant and equipment shall not give rise to a sound pressure level at any affected premises that exceeds the background LA90, 15min noise level, measured in the absence of the noise source/s under consideration by 5dB(A). The source noise level shall be assess as an LAeq, 15min and adjusted in accordance with the NSW Industrial Noise Policy and Environmental Noise Control Manual (sleep disturbance).

 

(14)     Health and Public Nuisance

 

The use of the premises shall not give rise to an environmental health nuisance to the adjoining or nearby premises and environment.

 

There are to be no emissions or discharges from the premises, which will give rise to a public nuisance or result in an offence under the Protection of the Environment Operations Act 1997 and Regulations.

 

The use of the premises and the operation of plant and equipment shall not give rise to the transmission of a vibration nuisance or damage other premises.

 

(15)     Storage of materials on Public Road

 

All building materials or waste containers must be stored within the confines of the site.  The storage of such building materials, waste containers or equipment associated with the project upon the public roadway, including the pedestrian footway or unpaved verge, is prohibited.

 

(16)     No Offensive Noise

 

To minimise the noise impact on the surrounding environment, the use of the premises, building services, equipment, machinery and ancillary fittings shall not give rise to “offensive noise” as defined under the provisions of the Protection of the Environment Operations Act 1997.

 

(17)     No Sign erected without DA Consent

 

No advertisement or sign shall be erected or displayed without development consent from Council, unless exempted under State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 or Kogarah Local Environmental Plan 2012.  Any advertising matter relating to the previous use of the premises shall be removed.

 

(18)     Avoid Annoyance from lighting

 

Any lighting of the premises shall be installed in accordance with Australian Standard AS 4282 – 1997: Control of the Obtrusive Effects of Outdoor Lighting so as to avoid annoyance to the occupants of adjoining premises or glare to motorists on nearby roads. Flashing, moving or intermittent lights or signs are prohibited. The intensity, colour or hours of illumination of the lights shall be varied at Council’s discretion if Council considers there to be adverse affects on the amenity of the area.

 

(19)     Disposable Sharps

 

Disposable sharps waste shall be discarded in a clearly labelled puncture-resistant container which shall conform to Australian Standard AS 4031. A licensed waste contractor shall be engaged to dispose of the waste. Waste receipts for all sharps waste shall be available to Council upon request.

 

(20)     Skin Penetration Premises

 

All equipment used to penetrate the skin must be sterilised in an autoclave that complies with Australian Standard AS2182 Sterilisers – steam – bench top and are to be operated in accordance with Australian Standard AS4815:2001 – Office based health care facilities – cleaning, disinfection and sterilisation of reusable medical and surgical instruments and equipment and maintenance of the associated environment.

 

SECTION E – Prior to Occupation or Subdivision Certificate Conditions

 

The conditions that follow in this Section E of the Notice of Determination relate to conditions that ensure that the development is completed in accordance with the requirements of the Development Consent prior to the issue of either an Occupation Certificate or a Subdivision Certificate.

 

(21)     Skin Penetration Registration

 

The skin penetration premises must be registered with Council’s Environmental Health Officers in accordance with the Public Health Regulation 2012.

 

(22)     Fire Safety Schedule

 

Certain items of equipment or forms of construction shall be nominated as "fire safety measures" within the building.

 

Upon completion of works, and before occupation of the building, each of the fire safety measures is required to be certified by an appropriately competent person (chosen by the owner of the building).  The certificate is to state that the measure was inspected and found to be designed, installed and capable of operating to a standard not less than that required by the relevant regulations.

 

Further, it is the responsibility of the owner of the building that each fire safety measure is again inspected and certified as to its condition every twelve (12) months following the submission to Council of the original certification.

 

SECTION F – Prescribed Conditions

 

The following are prescribed conditions of development consent pursuant to s.80A(11) of the Environmental Planning and Assessment Act 1979 and cl.98 of the Environmental Planning and Assessment Regulation 2000.

 

(23)     Compliance with the Building Code of Australia

 

The development must be carried out in accordance with the provisions of the Building Code of Australia.

 

(24)     Erection of Signs

 

A sign must be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

 

(a)       showing the name, address and telephone number of the principal certifying authority for the work, and

(b)       showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

(c)        stating that unauthorised entry to the work site is prohibited.

 

The sign is to be maintained while the building work, subdivision work or demolition work is being carried out, but must be removed when the work has been completed.

 

(25)     Council Notification of Construction

 

The erection of a building which is the subject of a Development Consent must not be commenced until:

 

a)         Detailed plans and specifications of the building have been endorsed with a construction certificate by Council or an accredited certifier.

 

b)    the person having the benefit of the development consent has:

 

·    appointed a Principal Certifying Authority (PCA),and

·    notified Council (if Council is not the PCA) in writing of the appointment, and

·    given at least 2 days notice to Council of their intention to commence the erection of the building. The notice may be in writing or by phone.

 

SECTION G – Demolition Conditions

 

The following conditions are imposed to ensure the demolition associated with the proposed development is carried out having regard to relevant legislation and does not unreasonably impact on the amenity of the locality or environment.

 

nil

 

END CONDITIONS

 

Advisory Notes

(i)         Worksite Safety

 

It is usually the owner/applicant’s responsibility to ensure that the development site is a safe working environment.  This may be by the engagement of an appropriately competent principal contractor.  There are various legislative and WorkCover requirements with respect to maintaining a safe work-site.  Details of these requirements and legislation, as well as, guidance and advisory material, can be found on the WorkCover Website www.workcover.nsw.gov.au.

 

(ii)        Disability Discrimination Act

 

This authorisation does not imply that the proposal complies with Disability Discrimination Act 1992.  The Proponent is responsible to ensure compliance with this and other anti-discrimination legislation.  The Disability Discrimination Act 1992 covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS 1428.1 – Design for Access and Mobility.  AS1428 Parts 2, 3 & 4 provides the most comprehensive technical guidance under The Disability Discrimination Act 1992.

 

(iii)       Demolition Waste

 

Sorting your construction and demolition waste will save you money.  For pricing and disposal options for sorted loads of tiles, bricks, timber concrete or asphalt call Waste Service NSW on 1300 651 116.

 

(iv)      NSW Police

 

The development shall be carried out having regard to the recommendations of the NSW Police with respect to crime prevention and safety as specified in their letter dated 20/9/16.  A copy of the recommendations made by the NSW Police is attached to this consent.

 

 

ATTACHMENTS

Attachment View1

Site plans - Shop 4 14-16 Ormonde Pde Hurstville

Attachment View2

Police Report - Shop 4 14-16 Ormonde Pde Hurstville

 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Wednesday, 14 December 2016

3.1                          Shop 4/14-16 Ormonde Parade, Hurstville

[Appendix 1]         Site plans - Shop 4 14-16 Ormonde Pde Hurstville

 

 

Page 21

 


 


 


Georges River Council - Georges River Independent Hearing Assessment Panel (IHAP) - Wednesday, 14 December 2016

3.1                          Shop 4/14-16 Ormonde Parade, Hurstville

[Appendix 2]         Police Report - Shop 4 14-16 Ormonde Pde Hurstville

 

 

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