29 January 2013 A meeting of the INDEPENDENT HEARING AND ASSESSMENT PANEL will be held in the Queens Park Room, Level 3, Waverley Council Chambers, Corner Bondi Road & Paul Street, Bondi Junction at:

6.00PM, WEDNESDAY, 6 FEBRUARY 2013 COMMITTEE MEMBERS:

Peter Jensen (Chair) John O’Grady Jocelyn Jackson Amanda Swebeck

QUORUM: Three Panel members.

Tony Reed GENERAL MANAGER

Waverley Council

PO Box 9, Bondi Junction, NSW 1355 DX 12006 Bondi Junction. Telephone: 9369 8000 Fax: 9387 1820 TTY: 9389 9827 (For hearing impaired)

Website: www.waverley.nsw.gov.au

Independent Hearing & Assessment Panel Meeting – Wednesday, 6 February 2013 2

AGENDA IHAP-1302.A Apologies IHAP-1302.DI Declarations of Interest

MATTERS TO BE SUBMITTED TO THE DEVELOPMENT CONTROL COMMITTEE WITH A RECOMMENDATION FROM THE PANEL

IHAP-1302.1 PAGE 3 180-186 Campbell Parade, Bondi – Known as the Swiss Grand Hotel – Establish use of a 24 hour supermarket with liquor store and associated fitout (DA 433/2012) Report dated 29 January 2013 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report.

180-186 Campbell Parade, Bondi – Known as the Swiss Grand Hotel – Establish use of a 24 hour supermarket with liquor store and associated fitout (DA 433/2012) Report dated 29 January 2013 from the Development and Building Unit. Recommendation: That the application be APPROVED in accordance with the conditions contained in this report, including restricted trading hours for the supermarket and deletion of the liquor store. Referred to IHAP and DCC due to the number of submissions received.

Development Assessment Report

Development Application No. DA-433/2012 Address

180-186 Campbell Parade Bondi Beach Known as the Swiss Grand Hotel

Lodgement Date 4 October 2012 Proposal

Establish use of a 24 hour supermarket with liquor store, and associated fitout

Approved Development

Redevelopment of the Swiss Grand Hotel including residential apartments, hotel apartments, retail space and car parking

Zoning and relevant controls

Waverley Local Environmental Plan 1996 Zoned 3(a) Business General Waverley Development Control Plan 2010 Part E1 – Retail and Commercial Premises Part F2 – Bondi Beach And associated parts

Owner

Bondi Beachside Pty Ltd; Bondi Beachside Rebel Pty Ltd; and Bondi Beachside Holdings Pty Ltd

Applicant SDHA Pty Ltd Submissions 1647 submissions Issues Supermarket – 24 hour use; economic competition

Liquor store – 24 hour use; increased number of stores in the local area; anti-social behaviour

Recommendation

That the application be APPROVED subject to restricted trading hours for the supermarket and deletion of the liquor store.

Site Map

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1. PREAMBLE

1.1 The Site and its Locality The site is known as 180-186 Campbell Parade, Bondi Beach. The site is bounded by Curlewis Street to the south, Beach Road to the north, and Gould Street to the west. The site occupies almost an entire street block, with the exception of 2 relatively smaller lots to the west fronting Gould Street, known as No.68 and 72 Gould Street. The site is occupied by the Swiss Grand Hotel. The proposed supermarket is sought on the corner of Gould Street and Curlewis St (underground) and the proposed liquor shop within the centre of the building. Both of these retail premises are located on the Campbell Parade (ground) floor level, though when accessed from Gould Street, given the topography of the site, will be wholly underground. The result is these shops will be unseen from the street and entirely within the building.

1.2 Background DA-619/2007 was determined on 9 December 2008 and granted approval for the substantial redevelopment of the Swiss Grand Hotel building at No.180-186 Campbell Parade Bondi Beach. The scheme included a total floor area of 25,926m2, including 74 residential apartments, 68 hotel apartments, two levels of retail space including a gymnasium at the rear facing Gould Street, and works of the existing basement area to accommodate parking. DA-619/2007/A was approved on 25 August 2009 allowing modifications to the above approval. The changes included (but were not limited to):

Creation of a mezzanine floor to parts of level 5, creating an additional 575m2 of residential floor area.

Increase to the roof heights of the smaller vaults and repositioning of two of the curved vaults, noting there was no increase in the maximum height of the building.

New planter boxes, turf and decking introduced to the roof top level, accessed via the mezzanine floors.

DA-619/2007/B was approved on 16 February 2011 allowing further modifications to the above approval. The changes included (but were not limited to):

External facade changes including the extension of awnings, additional glass blades to first floor terraces and adjusted curvature or the vaulted roof forms.

Reconfiguration of some units to create an additional 20 units through an adjusted unit mix, noting that the FSR decreased over the site generally.

Various internal modifications, including relocation of lift cores, fire stairs, grease traps and other services.

DA- 619/07/C was approved on 23 August 2011. The modifications included:

Modification to allocation of parking, increasing residential parking from 79 to 119 spaces and reducing non-residential parking from 215 to 175 spaces; and

Reduce bicycle parking requirements

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DA-619/07/D was approved on 23 August 2011 to delete a condition of consent requiring the re-establishment of the Curlewis Street pedestrian link. DA- 619/07/E was refused on 23 August 2011 to delete a condition requiring that the level one balcony to Curlewis Street be reduced in size by deleting the portion adjacent to a bar area. DA-178/2011 was approved on 26 July 2011 allowing for the demolition of the southern turret and the construction of a marketing suite in its place. The approved marketing suite has a limited lifespan as a condition of consent requires it to be removed within 3 years of being built. DA-619/2007/F was approved on 3 July 2012 allowing for façade and design changes, internal reconfigurations and modified conditions including, but not limited to, pedestrian access, plant equipment and site management.

1.3 Proposed Development

To establish a supermarket and liquor store within the approved redevelopment of the Swiss Grand Hotel Building, both on the (Campbell Parade) ground floor level of the building. The supermarket and liquor store are proposed to operate 24 hours a day, 7 days a week. Access during the day will be via Campbell Parade, Gould Street and the basement carpark. After 11.00pm, it is proposed that pedestrian access will only be available from Campbell Parade and the car park area. The supermarket is proposed to have a maximum of 20 employees at any one time. The proposed supermarket will occupy an area of 1,290m2 and the liquor component 189m2. Office and staff amenity areas are also proposed as part of the supermarket. Retail parking for the development has previously been approved (175 spaces) which will be utilised in conjunction with the proposed uses.

2. ASSESSMENT The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments.

2.1.1 Waverley Local Environmental Plan (LEP) 1996

This application was lodged when LEP 1996 was the relevant statutory control and the now current LEP 2012 was still a draft. Despite the recent adoption of the LEP 2012, there are specific Saving Provisions which excludes the LEP 2012 from being considered for applications made prior to October 26, 2012. This application was lodged on 4 October 2012 and therefore the only relevant LEP is the older LEP 1996. Relevant Controls

Clause 2 – General Aims (c and f)

Clause 3 – Specific Aims (3[2], 3[6], 3[10], 3[11])

Clause 10 – Zone Objectives

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Clause 21 – 26 – Environmental Considerations

Clause 32 – Development Along Zone Boundaries The inclusion of a supermarket and a liquor store within this redevelopment site meets the general and specific aims of the LEP. The stores are permissible with consent and would meet the zone objective of increasing the vitality of this locality. The objectives of the zone also seek to control functional characteristics to minimise the impact of businesses on neighbouring residential areas. Clause 32 further reinforces this requirement. For reasons discussed further in this report, to minimise the impact it is recommended that the supermarket not be open 24 hours a day, and the liquor store is not supported. Subject to this recommendation the proposal satisfies these LEP provisions. The proposal meets the environmental considerations as per clause 21-26, with the inclusion of a Waste Management Plan that focuses on the reuse and recycling of waste products. The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed subject to a reduction in hours for the supermarket and the exclusion of the liquor store.

2.1.2 Waverley Development Control Plan (DCP) 2010

This application was lodged when DCP 2010 was the relevant control and the now current DCP 2012 was still a draft. Despite the recent adoption of DCP 2012, there are specific Saving Provisions which exclude DCP 2012 from being considered for applications made prior to October 26, 2012. This application was lodged on 4 October 2012 and therefore the only relevant DCP is the older DCP 2010.

Part E1 – Retail and Commercial Premises This part of the DCP stipulates the allowable trading hours and includes a section with a specific set of controls for Campbell Parade (and Hall Street) known as the ‘Bondi Beach Trading Hours’. This has the effect of allowing greater trading hours in these streets than any other area in the Waverley Council Local Government Area (LGA). Noting this proposal is categorised as a ‘Type B Premises in ‘Area A’, the relevant part of the control states:

The following trading hours are recommended for Type A and Type B premises in the Bondi Beach locality:

Area A – 6am – 2am, Monday to Saturday and 9am – 1am Sunday

Where residential uses are in close proximity, more restrictive trading hours may be applied. An extension of the core hours will be considered on a trial basis only.

Whilst the DCP 2012 can not be considered as part of this application, it is relevant to recognise that this application for a Supermarket and Liquor store is the only one lodged under the older DCP 2010 (prior to 26 October 2012). All other retail and commercial premises in the redevelopment of this building will be subject to the new, more restrictive, controls in DCP 2012. DCP 2012 has ‘wound back’ the trading hour controls via the deletion of the ‘Bondi Beach Trading Hours’ section from the DCP. This removes the benefit of later trading than other

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areas of Waverley, and instead rationalises the trading hour controls to be the same across the whole LGA. This is summarised in the table below: DCP 2010

Relevant for this Supermarket and Liquor store only

DCP 2012 Relevant for future applications only, NOT a consideration for this DA.

Recommended hours. ‘An extension considered on trial basis only’

General base hours

Extended trading hours (via trial periods only)

Monday 6am – 2am 7am – 11pm To midnight Tuesday 6am – 2am 7am – 11pm To midnight Wednesday 6am – 2am 7am – 11pm To midnight Thursday 6am – 2am 7am – 11pm To 1am Friday 6am – 2am 7am – 11pm To 1am Saturday 6am – 2am 7am – 11pm To 1am Sunday 9am – 1am 7am – 10pm To midnight Whilst the current controls allow for opening hours until 2am (with 1am on Sundays), Council has rarely approved premises in Bondi with these hours. Nearby premises have been consistently limited to operate until 1am via conditions of consent imposed by the Development Control Committee. The DCP controls are subject to a merit assessment and are not ‘as of right’ controls. Certainly there are no controls in the DCP that envisage 24 hour trading in this locality (or anywhere in Waverley) and this part of the proposal is not supported. To approve opening hours until 2am where the impacts of a use have not yet been tested is not considered appropriate. Instead, to maintain consistency it is more appropriate to recommend 1am closing, 7 days a week. Further trading hours may be possible subject to successful trading over a sustained period and subject to further community consultation, however the ‘round back’ hours in new DCP may restrict that opportunity. The DCP is silent on what types of uses are acceptable in the Bondi Beach area, as is appropriate, and both the supermarket and liquor store component satisfy the DCP requirements subject to reduced hours. However, when considering the public interest the liquor store is not supported, as discussed later in this report. Part G1 – Site Waste Minimisation and Management The applicant provided a Waste Management Plan that indicates waste and recycling will be privately collected from the service docks as often as is required. The current expectations are for 4 collections a week for waste, and 6 collections a week for recycling. The plan also outlines that organic waste is separated and sent for reuse to either local farmers, harvest programs or clean power generation. Animal wastes (fat, bone and oils in the cooking process) are collected for reuse by various companies in various ways, including the production of tallow. The application satisfies this part of the DCP.

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Part H1 – Heritage Conservation

The site is located within a Heritage Conservation Area. No part of this proposal has an adverse impact with regards to the context of the Heritage Conservation Area. The application satisfies this part of the DCP.

Part I1 – Land Use and Transport The parking generation rates were approved as part of the overall redevelopment of this site, allowing for 175 public parking spaces in the basement car park. It is anticipated that there will also be some demand for walk-in customers. The parking rates for supermarkets and liquor stores are not specifically identified in the DCP, but are closely aligned to the requirement of ‘shops/retail’, which suggests a demand of 1 car space per 30m2 of floor area. The supermarket (1290m2) and the liquor store (189m2) therefore demand 49 parking spaces. This will leave 126 public spaces for the remaining uses in the redevelopment. This figure should inform future retail use DAs in the redevelopment of this site, however noting that at some point the 175 allocated public parking spaces will be at capacity given the original approval on this site allows an undersupply compared to the DCP parking rates. The application satisfies this part of the DCP.

Part J1 – Access for People with Disabilities The applicant provided a Disability Access Compliance Review Report (DACRR) that concludes that, subject to recommendations of refinement and ongoing design consultation with Access Consultants, the supermarket and liquor store meet the requirements of the Disability Discrimination Act 1992 (DDA) and this part of Council’s DCP. The areas requiring refinement are limited to the columns adjacent to the first rows of shelving located at the store entry and the doors into the office area on the eastern edge of the supermarket. Recommendations have been included in the DACRR and these are reinforced in the recommendations of this report. These adequately address the DDA and DCP requirements. The areas requiring ongoing design consultation include the toilets, entrances and internal paths of travel. Recommendations have again been included in the DACRR and these are reinforced in the recommendations of this report. The application satisfies this part of the DCP. Section 79C(1)(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. The proposal has an acceptable impact on the natural and built environment. Economic impacts are ‘competition-based’ and despite being made aware of substantial objection to this impact by community feedback, this is not a matter that can be considered under the Environmental Planning and Assessment Act 1979.

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There are no adverse social impacts expected from the supermarket component of this application, subject to restricted opening hours as recommended above. However concern is raised about the social impact of further availability of packaged liquor in the Bondi Basin Area. The Police have provided a detailed objection to further packaged liquor stores in this area and overwhelmingly, the community have raised concern, rather than support. Whilst the liquor store is permissible in the zone and can meet the DCP criteria, the social impact of this use is questionable. Based on the Police comments (below) and the extent of community response, the liquor store component of this application is not supported. Section 79C (1)(c) - The suitability of the site for the development. The proposal is permissible in the zone and the uses would service the needs of the nearby residents and the transient ‘tourist’ community. Subject to the exclusion of the liquor store for social planning reasons, the uses are suitable for this site.

3. REFERRALS The application was referred for comment to:

The Commander of Police, Eastern Suburbs Local Area Command; Waverley Council’s Fire Safety Officer; Waverley Council’s Health Surveyor; Waverley Council’s Manager of Traffic and Transport; Waverley Council’s Heritage Architect/Urban Designer;

The Commander of Police, Eastern Suburbs Local Area Command The Commander of Police has raised concern with the hours of operation for the supermarket and further recommends that the liquor store not be approved. The Commander has reported that the cumulative impact of additional packaged liquor sales would have an adverse social impact and exacerbates risks in the Bondi Precinct, recommending the liquor store not be approved. The Commander also anticipates conflict from displaced patrons of nearby late-trading premises (like the Hotel Bondi) and recommends that the supermarket close at 12.00 midnight. Council supports the Commander’s recommendations in relation to the liquor store, and subject to a 1 hour variation also supports the earlier closing of the supermarket. Whilst the Commander suggests a 12.00 midnight closing time, there are numerous premises operating until 1.00am, including the 7Eleven convenience store in the Hall Street Local Village. To maintain consistency this report recommends 1.00am closing for the supermarket. The full comments of the Commander are provided below: Liquor Store Police OBJECT to the granting of development consent pertaining to a 'liquor store' and cite the following: Bondi Beachside Pty Ltd, Bondi Beachside Rebel Pty Ltd and Bondi Beachside Holdings Pty Ltd are the current freehold owners of the site that is 180 - 186 Campbell Parade, Bondi Beach. Police are aware of the impending redevelopment of the current Swiss Grand Hotel site to include private apartments, hotel facilities and an amount of retail space through a number of levels. The Swiss Grand Hotel ("the Hotel") is currently endorsed with a Hotelier's

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licence which authorises the retail sale of liquor for consumption both on and off the premises. It should be noted that the Hotel has never exercised its 'off licence' capabilities (ie. packaged liquor has not been provided in 'bottle shop' style). From discussions with business owners it has been gleaned that the intention of the application before Council is not to facilitate packaged liquor sales by the Hotel but rather provide the opportunity for an independent operator to establish a 'bottle shop' under the authority of a 'packaged liquor licence'. It is expected that with the proposal for the supermarket annexed, that this space would likely be flavoured towards large retail chains such as Coles and Woolworths with their subsidiary liquor outlets. It is clear that the outcome to be considered from this proposal is the further addition of a packaged liquor licence for the Bondi Beach precinct. The Bondi area is currently serviced by eleven (11) licensed premises with authority for packaged liquor sales (off-licence sales): Name

Type of service Location

Kemeny's Food & Liquor

(Supermarket with bottle shop facilities)

137-147 Bondi Road, Bondi

Krinsky's Kosher Supermarket

(Kosher food and liquor sales) 175 Bondi Road, Bondi

Royal Hotel (Hotel with bottle shop facilities) 283 Bondi Road, Bondi

The Bondi Beach Bar (Packaged wine sales only) 1, 2 & 3, 78 Campbell Pde, Bondi Beach

Bondi Beach Cellars (Stand alone bottle shop)

50A Hall Street, Bondi Beach

Gefen Liquor Store (Kosher food and liquor sales) 7, 19-23 O'Brien St, Bondi Beach

Beach Road Hotel (Hotel with drive thru bottle shop) 71 Beach Road, Bondi Beach

Hotel Bondi (Hotel with bottle shop facilities) 178 Campbell Pde, Bondi Beach

Nirvana Beach Liquor (Stand alone bottle shop) 220 Campbell Parade, Bondi Beach

Ben Buckler Cellars (Stand alone bottle shop) 49-53 Campbell Pde, North Bondi

Vintage Cellars Bondi (Stand alone bottle shop) 1 Glenayr Ave, North Bondi

Both the Hotel Bondi and Nirvana Beach Liquor would be within a 50metre proximity of the proposed development. The Bondi beach basin area has the most significant density of licensed premises within the LGA as cited on the Social Profile Report - Waverley LGA (OLGR February 2009). This precinct hosts all categories of liquor licences which over time has resulted in the cumulative effect of negative externalities including alcohol related harms such as anti-social behaviour, street offences, property damage and violence. In respect to alcohol related assaults, the Bondi Beach basin area has the highest concentration for the LGA. The proposed development is situated in the midst of the 'hotspot' maps relevant to these reporting categories. Community concerns escalated during 2011 due to the influx of new liquor licences developing within the precinct. This resulted in the formation of a Liquor Working Group

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including the establishment of Precinct Alcohol Representatives to further coordinate community response to this emerging environment. During stakeholder meetings it was ratified that the area was reaching saturation levels for licensed premises activity with alcohol related harms impinging on community amenity. Significant collaboration between Police, Council and community has taken place in an effort to treat identified harms and responsibly manage the liquor environment. The Bondi beach basin area is designated with Alcohol Free Zones (AFZ) and Alcohol Prohibited areas (APA) that have expanded over time in an effort to minimise the challenges encountered with 'street drinking' and the consumption of liquor in parklands. With the gradual increase in pricing structure for liquor within licensed premises, accompanied by regulatory pressures, there has been a consistent inclination towards the consumption of alcohol in public domains. The Bondi Beach precinct including surrounding parklands is regularly populated with persons in possession and consuming liquor contrary to standing legislation. This is intensified by the high transient population that frequent the precinct including international backpackers and the like. On the 7th and 8th of December 2012, Police mounted an operation that specifically targeted the unlawful possession and consumption of liquor within the AFZ and APA of the Bondi Beach and Bondi Junction public precincts. Over the two nights, three hundred and sixty five (365) persons were identified in breach of the legislation within the Bondi Beach precinct. This significant level of non compliance did not coincide with any extraordinary public event or conducive weather conditions. The Bondi Beach precinct represented 84% of the total persons identified during the operation. The operation gleaned that all liquor was purchased from packaged liquor outlets and that persons considered the consumption of packaged liquor a cheaper alternative then attending a licensed premises. Further, that a number of persons were utilising the consumption of packaged liquor as 'pre-fuelling' prior to attending a licensed premises, which is an additional emerging problem. The operation also identified the commission of additional street offences, malicious damage and violence where the consumption of packaged liquor prior to the occurrence was an associated factor. The results of this operation ratified Police concerns that the consumption of packaged liquor is a significant concern within the Bondi Beach precinct leading to alcohol related harms. A further serious and persistent issue prevailing in the Bondi Beach precinct is the unlawful possession and consumption of liquor by minors. The Police Command applies considerable resources to this issue, especially on Friday and Saturday nights. Investigations have revealed that the predominant source of liquor supply is via the unlawful acquisition of liquor from 'bottle shops' directly or the secondary supply of liquor to minors by other persons. Minors expend considerable energies in acquiring fraudulent identification with the most common form being 'look-a-like' driver's licences. The Police Command has prosecuted a number of packaged liquor licences and hotelier's for minor related offences as well as other persons involved in secondary supply. One such premises, a large franchise liquor store within the LGA, was identified as a target location for the unlawful supply of liquor, despite what could be considered robust and comprehensive systems and strategies in place to prevent such occurrences. It is considered that the persistent application by minors to the unlawful acquisition of liquor in the precinct significantly tests operational practices despite business operators asserting that strong operational strategies are in place.

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Large groups of minors are often found in possession of alcohol in parks and other public spaces on the periphery of the commercial precinct proper. Police harbour genuine concerns that the proposed premises is located in a manner that secrets it from the natural sight lines and supervision of the commercial precinct and high pedestrian areas. It is therefore highly likely that the proposed premises would be significantly attractive in later hours for minors to form a cabal within the vicinity intent on obtaining liquor. Anti-social behaviour and alcohol related crime concerns within the precinct are realistic and evidenced based. Many persons identified behaving in an adverse manner whilst intoxicated within the precinct have been excluded from licensed venues or refused entry. Such persons often loiter within the precinct and attempt to re-enter premises or obtain liquor. Stand alone 'bottle shops' become an attractive target as they harbour minimum staffing usually without security detail. Police harbour concerns that the proposed premises will be targeted by such persons during evening hours. Police reiterate that the lack of natural supervision in the area and enclosed surroundings will amplify the risk to evening operations. Whilst it might be contended that the proposed development is unlikely to solicit an amount of alcohol related violence or similar matters upon the premises, the effect of granting the consent can only exacerbate public precinct concerns. The precinct is more than adequately serviced by existing licensed premises situated within close proximity, surrounding the location. The cumulative impact of this additional premises in Police opinion, will only escalate the aforementioned risks that exist within the precinct. It is clear that the retail sale of liquor in packaged form (off-premises sales) is having a significant adverse social impact on the Bondi Beach precinct. Subsequently the granting of the application will further detract from the amenity of community life and as such the proposed application should be refused. Supermarket Whilst Police do not ordinarily contest 'supermarket' style development it would be expected that Crime Prevention Through Environmental Design principles are considered to ensure any premises is target hardened. Police however OBJECT to the development being permitted trading hours inconsistent with other late night eateries within the Bondi Beach precinct. This is predominantly 12:00 midnight and in a few instances 1:00am. Any proposal should ensure that consideration has been given to store security during later hours. As previously cited the precinct can host many displaced persons whom have been excluded from licensed premises or refused entry. The Bondi Hotel would be situated within a 50 metre proximity. Legislation currently exists that persons excluded from a licensed premises must not remain within a 50 metre vicinity. Police anticipate that conflict could arise when displaced persons utilise the proposed development in an attempt to lawfully loiter in the precinct. As such Police would submit that any proposal should have restricted trading hours of 12:00am. Much collaborative work has been done with Police and Council compliance staff to ensure that late trading eateries trade in accordance with their development consent. This ensures that principally after 12:00am the majority of retail spaces are closed. This has the advantageous result that persons leaving licensed premises quickly find transport or leave the precinct. To enable a large development such as a 'supermarket' to trade will entice persons to remain in the vicinity, hindering the egress of intoxicated persons from the precinct. Any consideration for trade beyond 12:00 midnight should be supported by security personnel and robust security measures within the premises. As previously highlighted a lack of natural supervision to the development would intensify instances of theft and robbery unless suitably treated.

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Waverley Council’s Fire Safety Officer The applicant provided a Building Code of Australia Overview Report that concluded the proposal ‘complies or is capable of complying with the BCA…’. This Report has been reviewed by Council’s Fire Safety Officer and is accepted subject to standard conditions of consent relating to Fire Safety, Building Construction matters and relevant Certification. Those conditions are included in the recommendations in this report. Council’s Fire Safety Officer is satisfied with the proposal. Waverley Council’s Health Surveyor The applicant provided a Waste Management Plan and Council’s Health Surveyor raises no objections to the proposal subject to standard conditions of consent relating to food premises, sanitary facilities, noise control and refrigeration requirements. Those conditions are included in the recommendations in this report. Council’s Health Surveyor is satisfied with the proposal. Waverley Council’s Manager of Traffic and Transport The applicant provided a Traffic and Parking Report and Council’s Manager of Traffic and Transport raises no objections to the proposal subject to conditions of consent relating to vehicle size and movement limits. It is noted that the retail space and traffic implications were previously considered by the Traffic Committee as part of the overall redevelopment DA. Those conditions are included in the recommendations in this report. Council’s Manager of Traffic and Transport is satisfied with the proposal. Waverley Council’s Heritage Architect/Urban Designer The application was referred to Council’s Heritage Architect/Urban Designer, with the following comments received:

Comments No heritage issues are raised with the proposed alterations. The proposed circulation pattern is likely to have considerable impact upon pedestrian movement about the ground floor particularly in the hotel lift lobby. No indications as to trolley management have been sighted and it is assumed these will be restricted to use within the actual supermarket. Recommendations

To maintain pedestrian amenity in the locality it is recommended that all trolley movements be restricted to the immediate interior of the supermarket.

No additional signage should be permitted above the ground floor street awning.

These recommendations are included at the conclusion of this report.

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4. PUBLIC SUBMISSIONS

Section 79C (1)(d) – Any submissions made in accordance with this Act and Regulations. The application was notified to surrounding properties and advertised for 30 days in accordance with Waverley Development Control Plan 2010, Part C3 – Advertised and Notified Development. A site notice was also erected on building for 30 days. The following was received:

22 written objections; 299 email objections facilitated by the “Ban the Barn’ Website; 1326 signatures on 4 separate petitions;

Whilst some of these may be duplicates (some people have signed a petition and emailed separately), this equates to 1647 submissions. Property

Submission

1 Beach Rd (Unit No. not disclosed)

Exhaust stacks should be away from Beach Road Noise compliance should be required Loading Dock management DCP hours should be imposed

1 Beach Rd (Unit No. not disclosed)

Loading Dock management

1 Beach Rd (Unit No. not disclosed)

Exhaust stacks should be away from Beach Road Noise compliance should be required Loading Dock management DCP hours should be imposed

220 Campbell Pde (shop) Odours Bondi Beach Precinct (x2) Increased risk of drowning

Noise 1 Beach Rd – Strata Body Exhaust stacks should be away from Beach Road

Noise compliance should be required Loading Dock management DCP hours should be imposed

81a Gould St (shop) Already adequately serviced by liquor stores Already serviced by supermarkets Competition

294 Campbell Pde (shop) Already adequately serviced by liquor stores Already serviced by supermarkets Competition

22 Beach Rd Disturbance from 24 hour trading Already adequately serviced by liquor stores Anti-social behaviour Residential amenity

11 Beach Rd Anti-social behaviour Already serviced by supermarkets Residential amenity

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8/19-23 O’Brien St (shop) Already serviced by supermarkets Competition

22 Campbell Pde (shop) Competition 292 Campbell Pde (shop) Anti-social behaviour

Already serviced by supermarkets Competition Increased traffic/parking

2/116 Cambpell Pde (shop) Already adequately serviced by liquor stores Already serviced by supermarkets Competition

40-42 Mitchell St (shop) Already adequately serviced by liquor stores Already serviced by supermarkets Competition

Harry.quatermain@urs.com Inconsistent with other premises Access should be limited from Gould Street

Araine22@westnet.com.au Anti-social behaviour Already serviced by supermarkets Competition Increased traffic/parking

rupes@mac.com General objection (no specified reason) or anti ‘big chain retailer’

petadanvers@gmail.com Competition Tony.falstein@gmail.com Anti-social behaviour

Already serviced by supermarkets Increased traffic/parking

Dingle.wall@gmail.com Competition kristenmason@bigpond.com General objection (no specified reason) or anti ‘big

chain retailer’ Petition – 288 signatures Co-ordinator – Ben Buckler Cellars - 39-53 Campbell Parade

Community disruption Alcohol related crime Parking Noise for local residents 24 truck deliveries

Petition – 417 signatures Co-ordinator – Nirvana Beach Liquor (1)

Community disruption Alcohol related crime Parking Noise for local residents 24 truck deliveries

Petition – 16 signatures Co-ordinator – Nirvana Beach Liquor (2)

Community disruption Alcohol related crime Parking Noise for local residents 24 truck deliveries

Petition – 605 signatures Co-ordinator - submitted by Bondi Beach Precinct, appears to be 2 separate petitions set-up by local businesses

Competition

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Website – Ban the Barn! Generated 299 individual email objections, mostly proforma and/or using the ‘example’ given.

Disturbance from 24 hour trading Already adequately serviced by liquor stores Anti-social behaviour Already serviced by supermarkets Residential amenity Competition Increased traffic/parking General objection (no specified reason) or anti ‘big

chain retailer’ Issue - Disturbance from 24 hour trading

Comment – This report recommends restricted trading for the supermarket and excludes the liquor store from the approval.

Issue - Anti-social behaviour

Comment – The liquor store is recommended to be excluded as part of this application and the restricted trading recommended for the supermarket to minimise the potential for anti-social behaviour resulting from the premises.

Issue - Already serviced by supermarkets/liquor stores

Comment – There are no ‘anti-clustering’ controls relevant to this application and therefore the concentration of one particular use is not a planning matter (subject to a social planning assessment).

Issue - Residential amenity

Comment – residential amenity will be protected via conditions of consent relating to management of the store, patrons, loading vehicles etc, as well as through the conditions restricting hours of operation and the exclusion of the liquor store.

Issue - Competition

Comment – Competition is not a planning consideration. Issue - Increased traffic/parking

Comment – The traffic and parking impacts from the redevelopment of this site have previously been considered by the Traffic Committee and determined to be acceptable. The inclusion of a supermarket on the site is within the ambit of those matters previously considered.

Issue - Exhaust stacks should be away from Beach Road

Comment – Conditions have been specifically attached to regulate any exhausts to be compliant with the Australian Standards.

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Issue - Noise compliance should be required

Comment – A noise impact assessment report was submitted with the application making recommendations, and these have been included in the conclusion of this report. Further, the recommended closing time will assist to minimise noise impacts.

Issue - Loading Dock management

Comment – A condition is imposed to ensure there is a cumulative assessment of the loading dock, as per the ‘parent’ approval for this site. The assessment will be subject to further Traffic Committee resolution.

Issue - DCP hours should be imposed

Comment – This is accepted and the recommendation of this report is to restrict trading hours to within the DCP hours.

Section 79C (1) (e) - The public interest. Given the number of submissions received and the response from the Police Commander, there is a demonstrable public interest in this application. The overwhelming opinion of the public is that both the supermarket and liquor store are not appropriate for the area, stating that the supermarket is not needed and that combined late night trading and the liquor store have the potential to create adverse social impacts. Of the concerns raised in relation to competitive markets, these are not endorsed as this is not a planning matter. Market forces will dictate the supply and demand of retail premises and it is, as it should be, outside of the Development Assessment realm to regulate these markets. Operating hour restrictions are recommended for the supermarket, being both informed by the public interest and as further supported by the planning controls in the Development Control Plan. However, the concerns relating to the inherent link between the concentration of packaged liquor and anti-social behaviour that has raised so many objections is supported by the Police Commander experience-based evidence. For this reason the proposed liquor store is not supported. A condition of consent is therefore recommended to remove the liquor store.

5. CONCLUSION/DEVELOPMENT AND BUILDING UNIT REVIEW The Application has been assessed under the provisions of Sections 79C of the Environmental Planning and Assessment Act 1979. The proposal for a supermarket within a new development will cater to the needs of the nearby residents and the transient ‘tourist’ community. The location of the store is partially underground, thereby not impacting on the streetscape and will be largely accessed via the through site link and carpark. The DBU formed the opinion that the proposed 24 hour trading is unreasonable for amenity reasons and beyond the envisaged control of Council’s DCP on trading hours. Accordingly, restricted trading to 1.00am, seven days will align with various other commercial entities within the precinct while maintaining a reasonable level of amenity for the surrounding locality.

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Parking for customers is within the retail parking area of the development, to be shared amongst all retail uses, and a trolley management plan will be required to ensure adequate measures are put in place to ensure trolleys do not leave the site. Loading/unloading of goods will occur via a loading facility within the development in accordance with a Management Plan regulating service times, vehicle types and the like. In relation to the proposed liquor store, Council has received an overwhelming response from the community and Police objecting to this component of the application. The majority of concerns relate to the inherent link between the concentration of packaged liquor and anti-social behaviour, an aspect supported by the Police Commander’s experience-based evidence. For this reason the proposed liquor store is not supported. Accordingly, the proposed supermarket is supported subject to conditions and a reduction in trading hours. While the liquor store component of the application is not supported for social planning reasons and having regard to Police evidence.

6. RECOMMENDATION

That Development Application No. DA-433/2012 at 180-196 Campbell Parade Bondi Beach to establish use of a 24 hour supermarket with liquor store, and associated fitout, be APPROVED by the Development Control Committee, subject to the following conditions:

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT The development must be in accordance with: (a) Architectural Plan No. DA-100-01 Issue 2, RDA110-01 Issue 1, RDA-120-01 Issue 1 and

DA-306-02 Issue 2, prepared by PTW Architects, received by Council on 04/10/12;

(b) The Building Code of Australia Overview Report dated 3 October 2012, Report no. 103037-2/sb prepared by Stuart Boyce of BCA Logic Pty Ltd, received by Council on 04/10/12;

(c) The recommendations listed in the Disability Access Compliance Review Report

(DACRR),prepared by Access Associates Sydney, dated October 2012, project number A11032, received by Council on 04/10/12;

(d) The Waste Management Plan, prepared by SDH and Associates, revision 2, received by

Council on 04/10/12; and

(e) The recommendations listed in the Noise Impact Assessment, prepared by Marshall Day Acoustics, dated 15 September 2011, report No. Rr001 R01 2011284SY, received by Council on 04/10/12;

Except where amended by the following conditions of consent.

2. GENERAL MODIFICATIONS The proposal shall be amended as follows: (a) The liquor store component of this application is not approved. The area nominated as a

liquor store (shop G/02) is to be removed from the plans and no use is approved in the

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area nominated as Shop G/02. Accordingly, this shop does not form part of this application.

The amendments shall be submitted for the approval of Council prior to the issue of a Construction Certificate under the Environmental Planning and Assessment Act 1979.

3. HOURS OF OPERATION The hours of operation of the supermarket (Shop G/14) are restricted to between 6am to 1am, 7 days a week.

4. ENTRY AFTER 11.00PM Access to the Supermarket after 11.00pm each day shall be from Campbell Parade or the carpark only.

5. DELIVERY HOURS All deliveries are to be via the loading bays provided in the development. Deliveries are restricted to between the hours of 6am and 10pm.

6. PATRON BEHAVIOUR The Management shall ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise generated by patrons of the premises and shall ensure that patrons leave the vicinity of the premises in an orderly manner to the satisfaction of Council. If so directed by Council, the Management is to employ private security staff to ensure that this condition is complied with.

7. TROLLEY MANAGEMENT A plan is to be submitted to and approved by Council detailing Trolley Management prior to the commencement of use, indicated how trolleys will be confined to the site (including internal movements to the carpark lifts and basement and trolley bay locations within the carpark). Trolleys are not to access the public footway on any adjacent street frontage, or residential lobby areas.

8. SEPARATE APPLICATION FOR SIGNAGE Any proposed external advertising structures to be displayed at the premises are to be subject to a separate development application to and approval from Council.

B. COMPLIANCE PRIOR TO ISSUE OF A CONSTRUCTION CERTIFICATE

9. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and Waverley Council Development Contributions Plan 2006 in accordance with the following: (a) A cost report indicating the itemised cost of the development shall be completed and submitted to council:

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(1) Where the total development cost is less than $500,000:

"Waverley Council Cost Summary Report"; or,

(2) Where the total development cost is $500,000 or more: "Waverley Council Registered Quantity Surveyor's Detailed Cost Report". A copy of the required format for the cost reports may be obtained from Waverley Council Customer Service Centre or downloaded from: www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy

has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

(c) Should a section 96 modification result in any change to the total cost of the work, the

Section 94A contribution is to be revised and amended. Prior to the issue of the Construction Certificate, evidence must be provided that the revised levy has been paid to Council in accordance with this condition.

Waverley Council Development Contributions Plans 2006 may be inspected at Waverley Council Customer Service Centre. Advisory Note - A development valued at $100,000 or less will be exempt from the levy. - A development valued at $100,001 - $200,000 will attract a levy of 0.5%. - A development valued at $200,001 or more will attract a levy of 1% based on the full cost

of the development.

10. LONG SERVICE LEVY A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard, proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate. Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

11. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE The building work, including demolition, must not be commenced until: (a) a Construction Certificate has been obtained from Council or an Accredited Certifier in

accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and (b) a Principal Certifying Authority has been appointed and Council has been notified of

appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the

building works.

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The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority.

12. CONSTRUCTION VEHICLE AND PEDESTRIAN PLAN OF MANAGEMENT

A "Construction Vehicle and Pedestrian Plan of Management" (CVPPM) is to be approved by Council prior to the issue of a Construction Certificate and the undertaking of any fit-out of this shop, noting a cumulative assessment may be required if works are concurrent to the main redevelopment or any other retail fitout proposal. The CVPPM shall provide details of the following: (a) The proposed route to be taken by demolition/construction vehicles in the Waverley

Council area when accessing and exiting the site. (b) The type and size of demolition/construction vehicles. Trucks with dog trailers and semi

trailers may not be approved for use if it is considered with the information submitted that such vehicles cannot adequately and safely gain access to and from the site or where access into or out of the site may not be not possible without the need to remove an unsatisfactory number of vehicles parked on the roadway adjacent to or opposite the site.

(c) The location of truck holding areas remote from the site should Council not give approval

for demolition/construction vehicles to stand on the roadway in the vicinity of the site. (d) Traffic control measures to be put in place when trucks, manoeuvring in the vicinity of the

site, will interfere with the free flow of traffic. (e) The location and materials of construction of temporary driveways providing access into

and out of the site. (f) The location and length of any proposed Works/Construction Zones. Note: such zones

require the approval of the Waverley Traffic Committee and Council prior to installation. (g) The hours of operation of demolition/construction vehicles. (h) The number of and where it is proposed to park light vehicles associated with

staff/employees/contractors working on the site. (i) How it is proposed to cater for the safe passage of pedestrians past the site. The details

shall include:

the route required to be taken by pedestrians including signage and any other control measures that will need to be put in place to direct and keep pedestrians on the required route;

any obstructions such as street furniture, trees and bollards etc., that may interfere with the safe passage of pedestrians;

the type(s) of material on which pedestrians will be required to walk; the width of the pathway on the route; the location and type of proposed hoardings; the location of existing street lighting.

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13. NOISE - MECHANICAL PLANT

Noise associated with mechanical plant shall not give rise to any one or more of the following: (a) Transmission of "offensive noise" as defined in the Protection of the Environment

Operations Act 1997 to any place of different occupancy. (b) A sound pressure level at any affected property that exceeds the background (LA90, 15

minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the use. The source noise level must be assessed as a LAeq, 15 minute.

(c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant

associated with the premises must not be audible in any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

(d) A Certificate is to be submitted at the completion of all work and prior to the issue of an

Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise.

14. REFRIGERATION UNITS & MECHANICAL PLANT

All refrigeration motors/units and other mechanical plant are to be installed within the building in an acoustically treated plant room. In this regard, adequate provision is to be made within the confines of the building for any plant and equipment associated with the use of the building.

15. COOLROOM

The coolroom shall be constructed in accordance with the Building Code of Australia, Section G1.2 Refrigerated Chambers, strong rooms and vaults.

16. GENERAL SANITARY FACILITIES

Sanitary facilities shall be provided to the premises in accordance with the requirements of the Building Code of Australia.

17. KITCHEN EXHAUST SYSTEM A kitchen exhaust system is to be installed to effectively prevent or minimise air pollution including the emission of odours, vapours and oils in contravention of the Protection of Environment Operations Act 1997.

18. CONSTRUCTION AND FITOUT OF FOOD PREMISES (a) The floor of the food premises must be finished in an approved non absorbent material,

evenly laid, or graded and drained to a trapped floor waste. (b) The walls of the food preparation area must be of solid construction and finished with

glazed ceramic tiles or other rigid, smooth-faced impervious material. (c) Ceilings within the food preparation and storage areas must be free of gaps and open

joints and must be finished with an impervious sealed material. Drop in panels are not

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permitted in food preparation areas, food storage areas or areas where open food is displayed or served.

(d) Hand wash basin/s, with hot and cold running water mixed through a common spout,

hand wash soap and hand drying facilities must be provided in all food preparation/bar areas.

(e) A double bowl sink or two compartment tub (the capacity of which must be capable of

fitting all food contact equipment) must be provided in the food preparation area, in addition to the hand basin,

OR A single bowl sink and a dishwasher must be provided in the food preparation or

designated area, (where all the food contact equipment will fit in the dishwasher) in addition to the hand basin.

(f) The cooking appliances require an approved air handling system designed in accordance

with AS1668.1-1998 and AS1668.2-1991 or alternative solution satisfying the performance objectives of the Building Code of Australia.

19. FIRE SAFETY UPGRADING WORKS

a) In addition to all new works fully comply with the Building Code of Australia, pursuant to

Clause 94 of the Environmental Planning and Assessment Regulation 2000, all existing areas of the building being used or associated with the supermarket and liquor store must be upgraded to comply with the following provisions of the Building Code of Australia (BCA):

(i) Fire resistance and stability – Part C1; (ii) Compartmentation and separation – Part C2; (iii) Protection of openings – Part C3 (iv) Provision for escape – Part D1; (v) Construction of exits – Part D2; (vi) Access for people with a disability – Part D3 (vii) Fire fighting equipment – Part E1; (viii) Smoke hazard management – Part E2; (ix) Emergency lighting, exit signs and warning systems – Part E4; (x) Sanitary and other facilities – Part F2; and (xi) Light and ventilation – Part F4.

b) If compliance with the deemed-to-satisfy provisions of the BCA and the matters listed in condition (a) above cannot be achieved, an alternative building solution in accordance with Part A0 of the BCA must be prepared by a suitably qualified and accredited person and be submitted to the Certifying Authority illustrating how the relevant performance requirements of the BCA are to be satisfied. Prior to a Construction Certificate being issued, the Certifying Authority must ensure that the building complies with the Building Code of Australia.

c) The BCA matters identified in (a) above are not an exhaustive list of conditions to verify

compliance or non-compliance with the BCA. Any design amendments required to achieve compliance with the BCA must be submitted to Council. Significant amendments may require an application under Section 96 of the Act to be lodged with Council to amend this consent.

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Note: The provisions of Clause 94 of the Environmental Planning and Assessment Regulation 2000 have been considered in the assessment of the proposed development.

20. ESSENTIAL SERVICES - EXISTING BUILDING

Details of the currently implemented and proposed essential fire safety measures shall be submitted to Council, with the Construction Certificate, in the form of a Fire Safety Schedule. This Schedule shall be prepared by a person competent to do so and shall specify the minimum standard of performance for each essential fire safety measure included in the Schedule. At the completion of the installation, a Final Fire Safety Certificate shall be attached to the Occupation Certificate, certifying that each essential fire safety measure specified within the current Fire Safety Schedule: (a) has been assessed by a properly qualified person; and (b) found to be capable of performing to at least the standard required by the current Fire

Safety Schedule for the building for which the Certificate is issued.

21. ENGINEERING DETAILS Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.

22. ENGINEERING DETAILS - CERTIFICATE OF ADEQUACY A Certificate of Adequacy prepared by a practicing Structural Engineer, certifying the adequacy of the existing building structure to carry the extra load of the proposed additions is to be provided to Council or the Accredited Certifier prior to the issue of a Construction Certificate.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

23. PRIOR TO SITE WORKS The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of: (a) the name and contractor licence number of the licensee who has contracted to do, or

intends to do, work ; or (b) the name and permit number of the owner/builder who intends to do the work; and (c) any change to these arrangements for doing of the work.

24. HOME BUILDING ACT The builder or person who does the residential building work shall comply with the applicable requirements of Part 6 of the Home and Building Act, 1989. In this regard a person must not contract to do any residential building work unless a contract of insurance that complies with this Act is in force in relation to the proposed work. It is the responsibility of the builder or

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person who is to do the work to satisfy the Principal Certifying Authority that they have complied with the applicant requirements of Part 6, before any work commences.

25. CONSTRUCTION SIGNS Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

26. OBSTRUCTION TO PUBLIC AREAS If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then: (a) a hoarding fence must be erected between the building site and the public place of the

proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of

a sort of danger to persons using the public place; and (c) a hoarding, fence or awning is to be removed when it is no longer required for the

purpose it was provided.

27. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS All site works complying with the occupational health and safety requirements of WorkCover NSW.

28. STOCKPILES Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

29. LOCATION OF BUILDING OPERATIONS Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

30. ALL BUILDING MATERIALS STORED ON SITE All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

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31. CONSTRUCTION HOURS Demolition and building work must only be undertaken between the hours of 7am and 5pm on

Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on: (a) The Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which form part of public holiday weekends; (b) Sundays and public holidays; and (c) On the Saturday (except minor renovation or refurbishment to a single dwelling

construction) and Sunday which immediately precede or follow industry Rostered Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environmental

Operations (Noise Control) Regulation 2000. 32. BUILDING CODE OF AUSTRALIA

All building work must be carried out in accordance with the requirements of the Building Code of Australia.

33. FIRE SAFETY A building in respect of which there is a change of building use must comply with the Category 1 Fire Safety Provisions applicable to the proposed new use.

D. COMPLIANCE PRIOR TO ISSUE OF AN OCCUPATION CERTIFICATE OR COMMENCEMENT OF USE

34. FINAL OCCUPATION CERTIFICATE The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

35. MANAGEMENT – LOADING VEHICLE MANAGEMENT PLAN A Loading Vehicle Management Plan is to be submitted prior to any occupation of the non-residential components of the building, including the Supermarket. The plan is to be considered by the Local Traffic Committee, and be subject to their approval. Details are to be formulated in consultation with Waverley Council’s Technical Services Department, and refer to the following:

(a) Turning circles need to be provided showing the ability of large rigid vehicles to access and egress the loading zone in a forward direction.

(b) Plans to show compliance with Waverley DCP (Part I – Cl.6.4.3) regarding

pedestrian safety at point of vehicle access to the site.

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(c) (RTA Requirement) - All vehicles must enter and leave the site in a forward direction. The applicant is to demonstrate that this is feasible, and provide sweep paths and turning circle diagrams.

(d) Service times including delivery times of loading and/or unloading of goods

being restricted to between the hours of 6am and 10pm.

36. SERVICE VEHICLES Service vehicles associated with the supermarket shall not exceed 8.8m in length and be of a height that allows entry into and manoeuvring within the loading dock area. Loading and unloading of service vehicles shall not take place from Council's roadways at any time. Service vehicles travelling to and from the loading dock shall do so directly from the signalised intersection of Campbell Parade and Beach Road. All vehicle movements into and out of the loading dock area shall be in a forward direction at all times.

37. FOOD PREMISES

The following requirements apply to premises that commercially provide food: (a) The premises must comply with the Food Act, 2003 and the Food Standards Code there

under; (b) The applicant must arrange for an inspection by Council's Environmental Health

Surveyor prior to Occupation; (c) The premises are to be registered with Council prior to the issue of the Occupation

Certificate; (d) The premises must be constructed in accordance with the requirements of Council's

"Policy for fit-out and construction of food premises". Copies of the policy can be purchased at Council's Customer Service Centre; and

(e) The proprietor must pay any fees incurred by the carrying out of food safety inspections

as determined by Council's Pricing Policy, Fees and Charges.

38. ODOUR COMPLAINTS In the event of Council receiving odour complaints that can not be solved by improving maintenance practices the owner shall, at their own cost, solicit the help of an odour specialist to upgrade their mechanical exhaust and odour control systems until the odour emissions are mitigated. Details of all kitchen exhaust system upgrades must be provided to Council for approval before being installed.

39. WASTE STORAGE The following requirements apply to waste management:

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(a) A waste management plan must be submitted to Council to include all waste removal arrangements such as the Contractor, recyclables and all other waste (collection and disposal), prior to the occupation of the premises.

(b) Provide a separate waste storage area suitably covered, bunded and drained to the

sewer. The waste storage receptacles must be maintained in good order and repair at all times.

(c) Provide a suitable storage area affectively bunded for chemicals, pesticides and cleaning

products. (d) Provide a separate storage area for used and unused cooking oils suitably covered,

bunded and drained to the sewer. (e) Provide dry basket arresters to the floor wastes in the food preparation and waste storage

areas. (f) Confer with Sydney Water regarding whether a Trade Waste Agreement is required. A

copy of the agreement shall be forwarded to Council if one is entered into with Sydney Water.

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