desc.03.1 development application no …...royal hotel motel scone 119 kelly street, scone...

Development & Environmental Services Committee 13 March 2012

of 28 of the Minutes of the Development & Environmental Services Committee of the Upper Hunter Shire Council held on Tuesday 13 March 2012

MINUTES OF THE DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE OF UPPER HUNTER SHIRE COUNCIL HELD ON TUESDAY 13 MARCH 2012 AT THE COUNCIL CHAMBERS

SCONE COMMENCING AT 9.08AM

PRESENT: Cr Lea Carter, Cr Lee Watts, Cr Pam Seccombe & Cr Deirdre Peebles. APOLOGIES: Nil IN ATTENDANCE: Cr Bill Howey, Cr Michael Johnsen, Murray James (Director Environmental Services), Paul Smith (Environmental Planning Officer), Heidi McLoughlin (Trainee Health & Building Surveyor), Diana Davidson (Environmental Services Administrative Co-ordinator), David Casson (MM Hyndes Bailey), Murray Armstrong, Kylie Wilcox & Mary-Jane Garland (Ice Box Liquor), Caitlin Andrews (Scone Advocate), Judith Wheeler DECLARATIONS OF INTEREST: Nil PUBLIC PARTICIPATION: DESC.03.1 – Development Application 274/11 – Liquor Outlet and Advertising Signage Nick Sakno – Royal Hotel Scone Justine O’Donnell - Ice Box Liquor Scone Shane Madden – Cellarbrations Liquor Outlets DESC.03.2 – Proposed Exploration by Bickham Coal for Underground Mining Kiwa Fisher - Upper Hunter Progress Association and Hunter Valley Thoroughbred Breeders Association DEVELOPMENT & ENVIRONMENTAL SERVICES COMMITTEE REPORTS

Section: Development & Environmental Services Committee Reports REP-70/12

DESC.03.1 DEVELOPMENT APPLICATION NO 274/2011 - LIQUOR OUTLET AND ADVERTISING SIGNAGE

RECOMMENDATION: That Council:

1. Support the variation to the Development Control Plan – Outdoor Signage in relation to the flush-wall sign on the northern elevation; and

2. Approve Development Application No 274/2011 subject to conditions of consent. BACKGROUND: Applicant: MM Hyndes Bailey and Co Owner: A C Ng and E K Ng Property: Part Lot 3 DP 222497 No 121 Kelly Street Scone Proposal: Liquor Outlet and Advertising Signage Zone: 3(a) General Business (Scone Local Environmental Plan 1986)



The Council has received the abovementioned development application. Two submissions have been received objecting to the development. One submission was received from the Licensee/Manager of Royal Hotel raising concerns about the additional traffic generation, lack of parking spaces in Kelly Street and St Aubins Street and promoting off-premises drinking. It also raises concerns about how the development will encourage more drinking and alcohol related violence at private residences and promote anti-social behaviour. A second submission was made by R.O.I. Properties raising issues about the signage and its lack of compliance with the Development Control Plan (Outdoor signage), safety and security, impact on streetscape, car parking and deliveries. The development application was referred to Council on 27 February 2012 with a recommendation that the development application be approved subject to conditions of consent. At this meeting Council resolved to: defer approval of the application and refer the matter to both the Traffic and Development & Environmental Services Committees for further consideration. ISSUES: An assessment in accordance with Section 79C of the Environmental Planning and Assessment Act

1979 has been completed and is attached. There were initial concerns about the proposed sign and graphics to be affixed to the northern

elevation of the building (St Aubins Street frontage). This is because the signage exceeds more

than 20m2 of the above ground elevation and extends over the windows. The applicant has

amended the signage so that the “Cellarbrations” sign is less than the 20m2 of the elevation, but the

inclusion of the graphics over the windows means that the signs do not comply with the DCP. The applicant provided a Social Impact Assessment which determined that the likely impact of an

additional liquor outlet is minimal in relation to the demographics of Scone. There is a historical deficiency in parking, however the consent for the previous video store required

the payment of contributions for on-street parking (which were paid). The increase in floor area will generate a need for an additional contribution for on-street parking.

SUSTAINABILITY: The availability of alcohol can have detrimental social impacts on communities in terms of crime and anti-social behaviour. While this development will increase the number of liquor outlets in Scone it is unlikely to have an adverse impact on the social sustainability of the area. The Council has previously determined that the consumption of alcohol in this public area is not in the public interest through the adoption of the Alcohol Free Zone.

COMMUNITY INTERACTION: The development application was placed on public exhibition from the 12 January 2012 to 25 January 2012. OPTIONS: To approve the development application subject to conditions of consent despite non-compliance

with DCP – Outdoor Signage To give partial consent to the development application excluding the signage because it does not

comply with the DCP. FINANCIAL CONSIDERATIONS: Development application fees of $716 have been paid. RECOMMENDED: That Council:

1. Support the variation to the Development Control Plan – Outdoor Signage in relation to the flush-wall sign on the northern elevation; and

2. Approve Development Application No 274/2011 subject to conditions of consent and subject to endorsement by the Traffic Committee.

ATTACHMENT NO: 1 - DA 274/2011 - ASSESSMENT - SECTION 79C ITEM NO: DESC.03.1


Moved: Cr L Carter Seconded: Cr D Peebles It is noted that Clr P Seccombe requested that her vote against the motion be recorded ADDRESS: LOT 3 DP 222497

121 Kelly Street Scone APPLICATION No: DA 274-2011 PROPOSAL: Liquor Outlet & Advertising Signage PLANS REF: DRAWINGS NO. DRAWN BY DATE RECEIVED

PLANNING RELATED DRAWINGS / INFO Concept Plan V4 Australian

Liquor Marketers Pty Ltd

12 December 2011

20 December 2011

Signage Photomontages

Stephen Bear Signwriter

9 November 2011

3 February 2012

Signage Photomontage

Stephen Bear Signwriter

16 February 2012

17 February 2012

CONSTRUCTION RELATED DRAWINGS / INFO

OWNER: Mr A C Ng & Mrs E K Ng APPLICANT: MM Hyndes Bailey And Co

PO Box 26 MUSWELLBROOK NSW 2333

AUTHOR: Mr M Pringle DATE LODGED: 20 December 2011 AMENDED: 17 February 2012 ADD. INFO REC’D: 3 February 2012 DATE OF REPORT: 15 February 2012

SUMMARY OF FACTS ISSUES: Parking deficiency; non-compliance with the Upper Hunter

Shire Council Outdoor Signage DCP 2008; use of loading bay. SUBMISSIONS: Two (2) submissions received. RECOMMENDATION: Approval subject to conditions



LOCATION MAP

DESCRIPTION OF PROPOSAL The application seeks approval for the use of an existing vacant retail premises for the purpose of a retail liquor outlet and the erection of external signage. The liquor outlet will employ two full time employees and up to five casuals. The proposed trading hours are 9am to 8pm Monday to Saturday and 10am to 7pm Sundays. No off-street parking is available or proposed on the site and it is anticipated the proposal will generate three (3) deliveries per week. Deliveries will be made via an existing ramp and roller door at the rear of the premises. Customer access to the store will be via the main entrance on Kelly Street and an internal accessible ramp complying with AS 1428.1 will be provided. Security in the form of CCTV will be provided to maintain safety and security for the store, its employees and customers. The proposed signage comprises a flush wall sign affixed to rear wall of the building, fascia sign along the front awning of the shop façade; top hamper light box sign above the front windows and doors; window signage and a further flush wall sign on the St Aubins Street elevation of the building. RELEVANT HISTORY The subject premises has previously been used for the purposes of a video hire outlet, computer sales and real estate offices. The video hire outlet was approved by Council on 21 March 1996 subject to a condition of consent requiring the payment of a contribution of $10,800 in lieu of the provision of nine (9) off-street car parking spaces in accordance with Council’s Code for the provision of Off-street car parking. The contribution was paid on the 2 July 1996.

SITE



A preliminary assessment of the application raised concerns in relation to the scale of the proposed sign on the St Aubins Street elevation of the building and its non-compliance with Council’s Outdoor Signage DCP. As a result, the applicant amended the proposed sign by reducing the area of the sign from 45.6m2 to 18.72m2 (plus separate images) to comply with the size limits prescribed by the DCP and to minimise its visual impact on the streetscape. REFERRALS

Heritage Advisor

Council’s Heritage Advisor assessed the application and recommended that the large sign proposed on the St Aubins Street elevation should be amended by deleting the small poster signs which appear to be displaying weekly specials. These signs are not considered appropriate in the context of the site. In response to this recommendation, the applicant amended the proposed sign by deleting the small poster signs.

External referrals for concurrence

NSW Police The development application was referred to the NSW Police for comment, however a response was not received. In any case, a separate liquor licensing application will be considered by the NSW Liquor Administration Board and consultation with the Police will be undertaken as part of that application process. SUBMISSIONS Surrounding properties were notified of the development proposal between 12 January 2012 and 25 January 2012. An advertisement was placed in the Scone Advocate on 12 January 2012. Two (2) submissions were received with the main issues raised being summarised below. Name & Address of Submitter

Basis of Submissions

Royal Hotel Motel Scone 119 Kelly Street, Scone

Additional traffic generated by the proposal will result in increased demand for limited on-street parking and is likely to result in traffic congestion.

Greater competition in relation to liquor sales will result in cheaper liquor and encourage more off-premises consumption, pre-loading and binge drinking.

Availability of cheaper liquor as a result of increased competition will promote anti-social behaviour and create an unsafe environment for the local community.

ROI Properties Pty Ltd PO Box 175 Bondi Junction

The proposed signage is inappropriate and does not comply with Council’s DCP.

The safety and security of the public domain will be compromised as a result of the proposal.

The proposal will have a negative impact on the streetscape and architectural integrity of the building and does not comply with Council’s DCP.

The proposal is likely to result in traffic impacts as a result of insufficient parking.

The proposed truck deliveries will have a negative impact on traffic.

CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings:



ENVIRONMENTAL PLANNING INSTRUMENTS SCONE LOCAL ENVIRONMENTAL PLAN 1986 COMMENT

Zoning classification The subject land is zoned 3(a) General Business Zone under the Scone LEP 1986.

Zoning objectives The proposal is for the purpose of a shop within an existing retail building and therefore is consistent with the zone objectives.

Zoning permissibility The proposal is permissible as a retail shop within the 3(a) zone. Items of Environmental Heritage (Clause 31)

The subject property is not a heritage item or located in a heritage conservation area.

Development in the Vicinity of an item of Environmental Heritage (Clause 35)

The development is in the vicinity of the Belmore Hotel (98 Kelly Street) and the Larda Café (122 Kelly Street) which are items of heritage significance identified in Schedule 4 of the LEP. An assessment has been undertaken of the effect of the development in terms of its impact on the historic, scientific, cultural, social, archaeological, archeitectural, natural or aesthetic significance. In this case the impacts are not considered significant.

Development of Flood Prone Land (Clause 37)

The development site is located above the 1% AEP flood level.

STATE ENVIRONMENTAL PLANNING POLICIES

SEPP No. 55 – Remediation of Land

The subject property has a history of retail use and it is considered that the site is not likely to be subject to contamination that would require remediation of the land relative to the proposed development and use of the land

SEPP No. 64 – Advertising and Signage

Pursuant to Clause 8(a) of the SEPP, the proposed signage is consistent with the objectives of the policy set out in Clause 3 (1)(a) as it is compatible with the desired amenity and visual character of the area, provides effective communication and is of high quality design and finish. With respect to the assessment criteria specified in Schedule 1 of the SEPP, the proposed signage is compatible with the commercial character of the area and other signage in the locality; does not detract from the amenity or visual quality of any environmentally sensitive areas or heritage areas and does not obscure views or dominate the skyline. The proposed signs are considered to be compatible with the building scale and proportions and will not detract from the streetscape. The proposed top hamper sign on the front building elevation is to be illuminated. It is unlikely that the level of illumination will result in unacceptable glare or affect the safety of pedestrians or motorists or detract from the amenity of adjoining properties. There are no safety concerns in relation to the proposed signage.

REGIONAL ENVIRONMENTAL PLANNING POLICIES There are no REP’s applicable to the site.



DRAFT ENVIRONMENTAL PLANNING INSTRUMENTS There are no draft EPI’s applying to the land.

DEVELOPMENT CONTROL PLANS

Development control plan Considered? Comment (only if necessary) Upper Hunter Development Control Plan (Public Notification and Advertising) 2008

YES The development application has been notified in accordance with the provisions of the DCP.

Upper Hunter Development Control Plan (Outdoor Signage) 2008

YES It is considered that the proposed signs are consistent with the aims and objectives of the DCP and the design and assessment criteria prescribed under Sections 5.3 and 5.6 respectively. The proposed flush wall sign on the St Aubins Street elevation does not comply with the design criteria prescribed by Section 5.3.6 as the sign will extend over windows of the building. However, the area of the sign is less than 20m2 or 20% of the above ground elevation in accordance with the DCP. In addition, the sign will screen the back of refrigeration units inside the store which would otherwise detract from the visual amenity of the street. Accordingly, the minor non-compliance with the DCP is considered reasonable and acceptable.

Development Control Plan – Kelly Street

YES The proposed external colours and materials are considered to be sympathetic to the character of the building and streetscape and will enhance the overall appearance of the building. The proposed signage on the building façade complies with the relevant controls relating to signage. In accordance with the provisions of the DCP, off-street parking is to be provided at a rate of 1 space per 40m2 of GFA or alternatively, a contribution can be paid where parking cannot be provided. Based on a gross floor area of 274m2, the proposal generates a requirement for 7 spaces. As noted in an earlier section of this report, there is an historical deficiency in parking on the site and as such a monetary contribution was paid in lieu of 9 parking spaces under Development Application No. 12/96. As the proposal will not result in any additional Gross Floor Area, the payment of additional contributions is not warranted.



PLANNING AGREEMENTS There are no planning agreements relevant to the proposal.

REGULATIONS There are no provisions in the regulations relevant to the proposal.

LIKELY IMPACTS OF THE DEVELOPMENT Context and Setting The nature of the proposed use is in keeping with the commercial character of the area and is compatible with surrounding businesses. Built Form The proposed materials and colours of the external walls will enhance the appearance of the building and will complement the streetscape. Access, Transport and Traffic Whilst the proposal will not provide any off-street car parking, it is noted that there is an historical deficiency in parking due to Council’s past approval of the building and other buildings on the site. Regardless of the proposed use of the premises, any commercial use of the building would result in a non-compliance with Councils parking requirements. A contribution was previously paid under Development Application No. 12/96 for nine (9) spaces which exceeds the parking requirements of the proposed development. In view of this previous contribution, no additional contributions are considered necessary and the non-compliance is justified. Access to the rear loading dock is somewhat limited, however, it is anticipated that there will be no more than three (3) deliveries per week and a condition of consent is recommended requiring deliveries to be made outside of peak trading hours to minimise potential traffic conflict.

POLICIES, GUIDELINES AND CODES OF PRACTICE

Policy, Guideline etc Considered? Comment (only if necessary)

Code for the Provision of Off-Street Parking

YES As noted above, there is an historical deficiency in parking on the site and as such a monetary contribution was paid in lieu of 9 parking spaces under Development Application No. 12/96.

As the proposal does not involve any increase in gross floor area and is simply a change of use, no additional contributions are warranted.



With respect to traffic generation, the proposed development is unlikely to generate any more traffic than other past uses of the site such as a video rental business. Furthermore, it is noted that the peak trading hours of the liquor store will be outside normal business operating hours within the commercial area based on statistics provided by the applicant. As such, traffic generated by the proposal is unlikely to have a significant impact on the operation of the existing local road network including nearby intersections.

Public Domain Other than the visual impacts of the development (ie signage), the proposal will not have a significant adverse impact on the public domain. Although the proposal will reduce opportunities for casual surveillance from inside the store due to the covering up of windows, it is proposed to install CCTV to maintain adequate levels of safety and security within the public domain. Furthermore, it is noted that the premises is located on a prominent corner which provides ample opportunities for casual surveillance from passing motorists and pedestrians and nearby businesses. Social Impact on the Locality The development application is accompanied by a Community Impact Statement which will be used to support a liquor licence application to the Liquor Administration Board. The Community Impact Statement indicates that the proposal is unlikely to have a significant adverse social impact for the following reasons:

The introduction of a further liquor licence to the area is unlikely to increase the volume of alcohol consumed, and such amount will be drawn from the other existing facilities;

The business will have an off licence which will not trade late into the night. The existing evidence is that the substantial portion of alcohol related violence is associated with premises that permit the consumption of alcohol on the premises at a later hour;

There is no evidence that any of the ‘at risk’ groups determined in characteristics of the population of the local community, would be impacted adversely by the approval of the application;

From the OLGR Social Profile Report for the Upper Hunter it is confirmed that no alcohol related assaults occurred on the premises of packaged liquor licences, that the rate of such incidences compares favourably with the NSW averages, as does alcohol attributed incidents of assaults and assaults at the weekend, and alcohol related hospitalisations and alcohol related deaths are comparable to NSW;

BOCSAR statistics support favourable rates for alcohol related domestic or non-domestic violence related assaults.

The premises will provide employment for 2 full time and 4 part time employees;

To the extent there may be ‘at risk’ factors, they can be controlled by an experienced operator and staff within these premises.

SUITABILITY OF THE SITE FOR THE DEVELOPMENT The subject premises is considered to be suitable for the proposed development having regard to its location within the Scone CBD, its accessibility and proximity to other compatible businesses. The building is accessed directly from the street and contains sufficient floor space to accommodate the proposed use. Whilst the site lacks off-street parking, there is some on-street parking available in Kelly and St Aubins Streets. Based on indicative statistics of customer visitation to similar bottle shops operated elsewhere by the proponent, it is noted that a higher level of customer visitation typically occurs at the end of, or outside the normal business operating hours within the commercial area. That is after 5pm during the week and after 12 noon on Saturdays. During these periods, there is likely to be more on-street parking available as the demand for parking generated by other businesses will be less. The site is not subject to any significant hazards, natural or otherwise, that would preclude the proposed development.



THE PUBLIC INTEREST The proposal is considered to be in the public interest as it will involve the use and refurbishment of an existing vacant shop within the Scone CBD; will make a positive contribution to the visual quality of the area and will generate employment opportunities for the local community. SUMMARY OF LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report.

ENVIRONMENTAL APPRAISAL CONSIDERED

1 Statutory controls YES 2 Policy controls YES 3 Design in relation to existing building and natural environment YES 4 Landscaping/open space provision YES 5 Traffic generation and car parking provision YES 6 Loading and servicing facilities YES 7 Physical relationship to and impact upon adjoin development (views, privacy,

overshadowing, etc.) YES

8 Site Management issues YES 9 All relevant S79C considerations of Environmental Planning and Assessment Act

1979 YES

10 Section 89 LGA 93 including Clause 12 considerations of Local Government Regulations 1993

YES

CONSISTENCY WITH THE AIMS OF PLAN It is considered that the development is consistent with the specific aims of the plan and the objectives of the zone and of the controls. As such, consent to the development may be granted. SUBMITTORS CONCERNS The issues raised in the submissions are addressed as follows, if they have not already been addressed in the body of this report: Additional traffic generated by the proposal will result in increased demand for limited on-street parking

and is likely to result in traffic congestion. Planning comment: This issue is addressed in the body of this report.

Greater competition in relation to liquor sales will result in cheaper liquor and encourage more off-premises consumption, pre-loading and binge drinking.

Planning comment:

Whilst business competition is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, there is no clear evidence to suggest that this proposal will result in more off-premises consumption, pre-loading and binge drinking in the local community.

Availability of cheaper liquor as a result of increased competition will promote anti-social behaviour and

create an unsafe environment for the local community.

Planning comment:



Whilst business competition is not a matter for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, there is no clear evidence to suggest that this proposal will result in more anti-social behaviour and create an unsafe environment for the local community.

The proposed signage is inappropriate and does not comply with Council’s DCP.

Planning comment: Amendments have been made to the proposed signage to minimise its visual impacts on the streetscape and to comply with certain design criteria prescribed by the Outdoor Signage DCP. The only remaining non-compliance with the DCP relates to the covering of windows by the sign proposed on the St Aubins Street elevation. This non-compliance is considered reasonable and acceptable for the reasons outlined in the body of this report.

The safety and security of the public domain will be compromised as a result of the proposal.

Planning comment:

Whilst windows of the premises will be covered by proposed signage and images, it is considered that adequate surveillance will be maintained within the public domain in the form of casual surveillance from passing motorists and pedestrians and nearby businesses and the provision of CCTV.

The proposal will have a negative impact on the streetscape and architectural integrity of the building

and does not comply with Council’s DCP.

Planning comment:

The proposal will have a positive impact on the streetscape by revitalising a prominent street corner of the CBD and increasing activity. The proposed signage and building finishes add interest to the streetscape and do not compromise the architectural integrity of the building.

The proposal is likely to result in traffic impacts as a result of insufficient parking.

Planning comment:

This matter is addressed in the body of this report. The proposed truck deliveries will have a negative impact on traffic.

Planning comment:

Given the low frequency of truck deliveries they are not expected to have a significant impact on traffic. Nevertheless, a condition of consent is recommended requiring deliveries to occur outside the peak trading hours of the business to minimise potential traffic conflict.

CONCLUSION The application has been assessed as satisfactory against Section 79C of the Environmental Planning and Assessment Act 1979, Scone Local Environmental Plan 1986 and the Upper Hunter Shire Development Control Plan 2008. The proposal is in keeping with the site context, is an appropriate form of development for the site and is unlikely to result in any significant adverse impacts. Accordingly, it is recommended that the application be approved subject to appropriate conditions of consent. RECOMMENDATION PURSUANT TO SECTION 80/80A OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED)



THAT Council, as the consent authority, grant consent to Development Application No. 274/2011 subject to the attached conditions. MAT PRINGLE CONSULTANT PLANNER



ANNEXURE A - RECOMMENDED CONDITIONS OF CONSENT

IDENTIFICATION OF APPROVED PLANS

1. The development being carried out in accordance with the development application and the drawings referenced below and Statement of Environmental Effects dated 14 December 2011, except where amended by the following conditions. JOB REFERENCE NO SHEET

NO REVISION

NO DRAWN BY DATE

Concept Plan V4 - - Australian Liquor Marketers Pty Ltd

12 December 2011

Signage Photomontages - - Stephen Bear Signwriter

9 November 2011

Signage Photomontage - - Stephen Bear Signwriter

16 February 2012

(Reason: To ensure that the form of the development undertaken is in accordance with the

determination of Council)

OPERATIONAL CONDITIONS IMPOSED UNDER THE EP&A ACT, REGULATIONS AND OTHER LEGISLATION

2. All building work must be carried out in accordance with the provisions of the National Construction Code Series. (Reason: Prescribed by legislation)

ANCILLARY MATTERS TO BE COMPLETED PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

3. An appropriate area shall be provided within the premises for the storage of garbage bins and

recycling containers and all waste and recyclable material generated by this premises.

(Reason: To ensure the provision of appropriate waste facilities for residents and protect community health and to ensure efficient collection of waste by collection contractors)

4. Ramps and access for people with disabilities are to be provided to and within the entire building.

Consideration must be given to the means of dignified and equitable access from public places to adjacent buildings, to other areas within the building and to footpath and roads. Compliant access provisions for people with disabilities shall be clearly shown on the plans submitted to, and approved by the Certifying Authority prior to the release of the Construction Certificate. All details shall be prepared in consideration of, and construction completed to achieve compliance with the provisions of the Disability (Access to Premises-Buildings) Standards 2010, and the relevant provisions of AS1428.1 and AS1428.4. (Reason: To ensure the provision of equitable and dignified access for all people in

accordance with disability discrimination legislation and relevant Australian Standards)

5. To ensure that adequate provision is made for the cleanliness and maintenance of all food

preparation areas, all building work in connection with the occupation or use of the premises for the preparation and storage of food shall be designed and carried out in accordance with the requirements of:-

(a) The Food Act (as amended) (b) The Food Regulation (as in force);



(c) AS4674 (Design, Construction and Fit-Out of Food Premises); (d) The Clean Air (Plant and Equipment) Regulation; (e) AS 1668 Part 2; (f) The Protection of the Environment Operations Act; and (g) The National Construction Code Series;

The relevant matters to be taken into account under this approval relate to:-

i. construction, materials and finishes;

ii. installation of fixtures, fittings and equipment;

iii. washing facilities, other facilities and special requirements;

iv. mechanical ventilation and exhaust discharges; and

v. temperature control Detailed plans and specification of work demonstrating that these design requirements have been met shall be submitted to, and approved by the Certifying Authority prior to the release of the Construction Certificate. (Reason: To ensure compliance with acceptable standards for the construction of food

premises established under environmental health and safety legislation)

6. A full set of construction plans demonstrating compliance with the National Construction Code Series shall be submitted to, and approved by, the certifying authority prior to the release of the Construction Certificate. The following matters either require greater clarification or information to demonstrate compliance with the BCA:-

Details of how the external signs will be affixed to the building. (Reason: Prescribed by legislation.)

CONDITIONS WHICH MUST BE COMPLIED WITH PRIOR TO THE ISSUE OF THE OCCUPATION CERTIFICATE

7. The building is not to be used or occupied until a final inspection has been carried out and any Occupation Certificate has been obtained from the Principal Certifying Authority. (Reason: Prescribed - Statutory.)

CONDITIONS THAT MUST BE COMPLIED WITH AT ALL TIMES

8. At all times the business may be open for business only between the following hours:- 9.00am to 9.00pm Monday to Saturday 10.00am to 7.00pm Sunday (Reason: Information to ensure that amenity of the surrounding locality is maintained and

hours of operation are consistent with those in surrounding locality.)

9. At all times the existing loading dock shall be maintained and utilised for use in connection with the proposed development. (Reason: To ensure that deliveries occur within the site and do not adversely affect traffic or



pedestrian amenity.)

10. At all times the fascia sign on the awning shall not be illuminated or floodlit. (Reason: To ensure appropriate forms of signage that are consistent with Council’s controls

and those that are desired for the locality, and do not interfere with amenity of nearby properties)

11. At all times the level of illumination and/or lighting intensity used to illuminate the signage is to be

minimised to ensure that excessive light spill or nuisance is not caused to any nearby premises. (Reason: To ensure appropriate forms of signage that are consistent with Council’s controls

and those that are desired for the locality, and do not interfere with amenity of nearby properties.)

12. At all times no consent is given or implied for any form of illumination or floodlighting to any sign

other than the light box sign. (Reason: To ensure appropriate forms of signage that are consistent with Council’s controls

and those that are desired for the locality, and do not interfere with amenity of nearby properties.)

13. At all times no deliveries, loading or unloading associated with the premises are to take place

between the hours of 4pm and 6am on any day. (Reason: To ensure the acoustic amenity of surrounding properties.)

14. Closed circuit television (CCTV) camera/s shall be provided to allow surveillance of the perimeter

of the building accessible to the public including the footpaths in Kelly Street and St Aubins Street. (Reason: To maximise the safety and security of the public domain)

ADVICE

During the occupation and life of the building nominated exits must not be blocked at the point of discharge.

An Off-Licence under the Liquor Act 2007 must be obtained prior to commencing any sales or

tasting of liquor products on the premises.



ANNEXURE B – PLANS



ANNEXURE C – SUBMISSIONS

ATTACHMENT NO: 1 - LETTER FROM BICKHAM COAL ITEM NO: DESC.03.2



DESC.03.2 PROPOSED EXPLORATION BY BICKHAM COAL FOR UNDERGROUND MINING

RECOMMENDATION: That Council:

1. Note the contents of correspondence received from David Foster, Director, Bickham Coal Company Pty Ltd, advising of proposed investigations into the feasibility of an underground coal mine at South Bickham.

2. Seek advice from the Department of Primary Industries, Minerals, regarding the extent of works and approvals for the exploration advised by Bickham Coal.

BACKGROUND: Bickham Coal Company Pty Ltd were unsuccessful in their endeavours in 2010 to develop an open cut coal mine at South Bickham. Although the decision by the NSW Government prohibited any future development of an open cut coal mine on the site, it did not prohibit the possible development of an underground coal mine. This item was reported to Council on 27 February 2012. Council resolved to refer the matter to the Development and Environmental Services Committee for further consideration. ISSUES: None at this stage. SUSTAINABILITY: This is for information at this stage and no decision is required. COMMUNITY INTERACTION: The letter has been sent to a number of community members. OPTIONS: To note the contents of the letter. FINANCIAL CONSIDERATIONS: Nil RECOMMENDED: That Council:

1. Note the contents of correspondence received from David Foster, Director, Bickham Coal Company Pty Ltd, advising of proposed investigations into the feasibility of an underground coal mine at South Bickham.

2. Seek advice from the Department of Primary Industries (Minerals) regarding the extent of works and approvals for the exploration advised by Bickham Coal.

3. Write to New South Wales Department of Planning and Infrastructure to amend State Environmental Planning Policy (Mining, Petroleum and Extractive Industries) 2007, to include underground mining in the Exclusion Zone of the Bickham Coal Company site.

4. Write to Department of Primary Industries requesting that Exploration Licence Numbers 5306 and 5888 not be renewed.

ATTACHMENT NO: 1 - LETTER FROM BICKHAM COAL ITEM NO: DESC.03.2


Moved: Cr P Seccombe Seconded: Cr L Carter

Tuesday 21st February, 2012

Daryl Dutton General Manager Upper Hunter Shire Council 130 Liverpool St. Scone 2337

[email protected]

Dear Daryl, RE: BICKHAM COAL CONSIDERS UNDERGROUND MINING

We are making contact at this early opportunity to inform you that Bickham Coal Company is taking advice from underground mining specialists to ascertain if underground mining is feasible at our Upper Hunter site where we had previously proposed an open-cut mine. Preliminary drilling will take place on the South Bickham property in the near future to gauge if coal deposits could be accessed using the latest underground mining technology. This meets our requirements and obligations under our current mining Exploration Licence, which allows for consideration of underground mining. Whilst Bickham had previously been of the view that underground mining was not viable at the site, the drilling and other investigative processes would enable us to make informed decisions as to whether such mining could be pursued. If the best and latest advice indicates that underground mining is feasible, we may pursue it. It’s also possible that we may partner with international players to make the best possible progress. We expect that on-site drilling may commence in March 2012 and we are happy to keep you informed of progress. Because we are talking about an underground mine, there would of course be far fewer environmental concerns and perceptions as opposed to an open cut mine. We implore the New South Wales Government and the community to ensure we receive a fair and transparent hearing if underground mining was deemed possible. It is widely known that we spent ten years producing studies and reports as part of a grossly convoluted planning process covering our open cut proposal, only to have the proposal rejected without it even reaching the assessment stage. This was not fair on us or the many stakeholders involved in our previous proposal. We take some comfort from being assured by the New South Wales Government that all mining aspirants will now be subjected to a disciplined and fair assessment process based on facts and merit. As you know, Bickham is owned by local families with long histories in the Hunter Valley. We remain hopeful that we can bring a significant economic and employment opportunity to the Upper Hunter. David Foster Director

Bickham Coal Company Pty Ltd




DESC.03.3 REVIEW OF ENVIRONMENTAL SERVICES FORMS, GUIDES AND CHECKLISTS

RECOMMENDATION: That Council note the use of Environmental Services Department’s new forms, guides and checklists.

BACKGROUND: In striving for continuous improvement and improved efficiencies the Environmental Services Department has reviewed its forms, guidelines and checklists. It is envisaged that the new material will help reduce the complexity often experienced by the public when lodging an application with Council for assessment and ensure adequate information is submitted for assessment. ISSUES:

The general public often find the exercise of lodging an application with Council for assessment daunting.

The new forms, guidelines and checklists should simplify the process and ensure the required information is submitted to Council for consideration, improving efficiencies and minimising delays in the assessment of applications.

The new forms are attached under separate cover for the Committee’s consideration. SUSTAINABILITY: Improved forms, guidelines and checklists will ensure the submission of quality applications while reducing the complexity of the lodgement process and delays in development assessment. COMMUNITY INTERACTION: The improved forms, guidelines and checklists will provide the community with confidence in Council providing timely development assessments. OPTIONS:

To endorse the use of the revised application forms, guidelines and checklists. To reject the use of the revised application forms, guidelines and checklists.

FINANCIAL CONSIDERATIONS: Nil. RECOMMENDED: That Council note the use of Environmental Services Department’s new forms, guides and checklists.




DESC.03.4 LOCAL DEVELOPMENT PERFORMANCE MONITORING - 2010/11 - DEPARTMENT OF PLANNING AND INFRASTRUCTURE

RECOMMENDATION: That Council note the report.

BACKGROUND: The 2010/11 Local Government Performance Monitoring report provides an overview of the performance of the NSW Planning system and information on local and regional development determined by Councils, private certifiers and Joint Regional Planning Panels. The report provides detail information on Council development assessments. It allows a comparison of the performance of different Council’s and a comparison of each Council’s performance compared to previous years. ISSUES: This years report identified Upper Hunter Shire Council as one of the top five Council’s that made the greatest reduction in mean gross determination time for DA’s compared to the 2009/10 period. Council’s mean gross determination time for DAs was 36 days compared to 71 days for the previous year. This represents an improvement of 50%. The reduction in approval times can be attributed to improvements in procedures within the Environmental Services Department and better quality applications being submitted to Council which include all required and relevant information. SUSTAINABILITY: It is anticipated that Council will build on the improvement with the continuous review of procedures and practices. COMMUNITY INTERACTION: The community can continue to support Council in the improvement of DA determination times by ensuring complete and accurate applications are submitted for consideration. OPTIONS: That Council note the report. FINANCIAL CONSIDERATIONS: Nil. RECOMMENDED: That Council note the report.



GENERAL BUSINESS Cr P Seccombe raised the issue of the Draft Strategic Land Use Policy, particularly in regard to point 4 of Council’s recommendation of 26 September 2011 in relation to coal and coal seam gas extraction, which stated that Council would support and actively pursue Council’s objectives for coal and coal seam gas extraction through the New South Wales Government’s current development of the Upper Hunter Regional Strategic Plan. It was agreed that a workshop for Councillors be organised to discuss the Policy and provide input for a submission to the Draft Policy. MEETING CLOSED: 10.25AM NEXT MEETING: 17 APRIL 2012

desc.03.1 development application no …...royal hotel motel scone 119 kelly street, scone...

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