Oxford Street Mall, Bondi Junction - Provision of community events, activities and markets in Oxford Street Mall (DA 575/2009).

Report dated 24 March 2010 from the Development & Building Unit.DBU Recommendation: That the application be approved subject to conditions.

IHAP Recommendation: That the development application be approved subject to the conditions listed in the council report.Referred to IHAP / DCC as Waverley Council is the applicant and land owner.

Development Assessment ReportDevelopment Application No. DA 575/2009Address Oxford Street Mall, Bondi JunctionLodgement Date 6 November 2009.

Additional information received 8 March 2010Proposal Provision of community events, activities and

regular markets in Oxford Street MallZoning and relevant controls Road closed to vehicular traffic according to

Waverley and Woollahra Joint LEP 1991 Roads Act 1933 Zone B3 according to Draft Waverley LEP

(Bondi Junction Centre) 2008 Draft Waverley Development Control Plan

(DWDCP) 2008Owner Waverley CouncilApplicant Waverley Council (Bondi Junction Office)Submissions Two (2) submissions receivedIssues Trading hours, sanitary facilities, hand washing

facilities, wasteRecommendation That the application be APPROVED

Site Map

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1. PREAMBLE

1.1 The Site and its Locality

Oxford Street Mall is located in the centre of Bondi Junction, extending between the intersections with Newland Street to the west and Grosvenor Street / Bronte Road to the east, adjacent to the Bondi Junction Bus and Rail Interchange. This part of Oxford Street is a closed road, open to pedestrians and shops/restaurants that open out onto the pedestrian mall.

The Mall is owned and operated by Waverley Council and often used as a venue for community events, activities and markets. The intention of the subject application is to formalise these events.

1.2 Background

Site History - DA 130/1995 approved 25 July 1995 to use Oxford Street Mall for Sunday Markets (run by the Rotary Club of Bondi Junction).

DA History - The initial application was deferred in an attempt to address various matters including more information on Market and event occurrences, sanitary facilities (particularly for stall holders), requirement for hand washing facilities, waste / sewer details, compliance with Food Authority requirements with regard to existing sails over markets and limiting animals within Mall area.

Additional information was received on 8 March 2010 and an this assessment is made having regard to the original application received as well as the additional information received on 8 March 2010.

1.3 Proposal Description

It is proposed to formalise the use of Oxford Street Mall to provide community events, activities and regular markets, operating 7am to midnight, seven days. The intention of the proposed application is to provide a generic approval for markets / events, so that individual events do not need to seek consent.

All activities / events to occur in this part of Oxford Street will be managed and authorised by Waverley Council through the Bondi Junction Place Management Office, in accordance with market licenses and permits.

The existing use of the Oxford Street Mall that is to be formalised includes regular markets (Fresh foods on Thursdays and Fridays and BJ Bazaar Saturdays and Sundays), community events and one-off activities, including but not limited to:

Global Table (April / May); Forever Fabulous Seniors Exhibition (April); Naidoc celebrations (July); Business Awards (August / September) Playday on Oxford Street Mall (September); Musings on Oxford Street Mall (October) Wear it Wicked Fashion Show (November); Various Christmas celebrations (December).

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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 and Woollahra Joint Local Environmental Plan 1991

LEP 1996 – Compliance CheckControl ComplianceClause 2 – Aims and Objectives YesClauses 28 - Uncoloured land takes on zoning of adjoining land, that being Business General 3 (a2)

Yes

The proposal is considered to comply with the aims and objectives Clause 2 of the LEP.

In relation to Clause 28, the subject site is a road closed to vehicular traffic and uncoloured land in respect to the LEP. Clause 28 of the LEP applies whereby; development on uncoloured land requires consent and shall be considered under the objectives and controls of the surrounding zoning. In this instance, that is the Business General 3 (a2) zone. This zone is the core commercial zone for Bondi Junction and seeks to permit a wide range of commercial activities. Prohibited uses concern activities such as stand-alone residential uses or light industrial uses.

The markets and other uses proposed within this application would best be described as retail and food premises, and some general promotional activities. All these uses are considered to be consistent with the objectives of this zone and permissible. Indeed, a market is considered to strongly reinforce the commercial amenity objectives of this zone and this use is appropriately located in the centre of Bondi Junction.

2.1.2 Draft Bondi Junction Centre Local Environmental Plan 2007

The application has been assessed having regard to the relevant provisions of the Draft Bondi Junction Centre LEP and is acceptable.

2.1.3 Waverley Development Control Plan 2006

The application has been assessed having regard to the relevant provisions of the WDCP 2006 and is acceptable. In particular, the proposal aims to satisfy the following objectives for the Bondi Junction Commercial Centre (as outlined within Part F1 of the WDCP 2006):

Clause 2.1 (General Objectives), subclause (a) which seeks ‘To make Bondi Junction Commercial Centre a more pleasant, attractive and secure place for its users’

Clause 2.2 (Specific Objectives), specifically subclauses:o (g) To maintain and improve the amenity of Oxford Street mall and other

pedestrian routes and spaces;o (k) To encourage people to circulate at street level and to discourage

pedestrian overpasses and underpasses.

The formalisation of the Oxford Street Mall for community events, activities and regular markets seek to activate and promote the commercial vitality of the Mall and Bondi Junction commercial centre in general. Having regard to the Mall upgrade in recent years and the provision of markets and activities from this location for some time, the proposed

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formalisation of such a use is considered acceptable in this instance by providing and encouraging increased community activities and events for the local community.

The hours of operation proposed are 7am to 12 midnight. These hours are consistent with the recommended standard hours for commercial premises in Business General Zones within Part E1 Retail and Commercial Premises of the DCP. It should also be noted that these hours are maximum hours and Council, as the property owner, will have further control over hours and it is not envisaged that one activity will operate the full breadth of these hours.

2.1.4 Outdoor Market Operations in Public Places Policy

In August 2009, Council adopted the ‘Outdoor Market Operations in Public Places Policy’ which clearly identifies the Oxford Street Mall (area defined under canopies at the western end) to be used for regular outdoor market operations. The Policy seeks to provide a mix of community events/activities and markets that are not in direct competition with neighbouring businesses in the immediate vicinity whereby operations occur between 7am to midnight, up to seven days a week (with markets to officially commence trading from 8am).

The Policy has been prepared with the current development application in mind, to ensure the two align with one another in the general operation of the Oxford Street Mall. As such, the proposed formalisation of the existing uses within the Mall is considered consistent with this policy.

2.1.5 Other Matters

Safety and security

The provision of regular events and activities within Oxford Street Mall is considered to improve the safety and security of the area by becoming a more active and usable space. The presence of people within the public domain being involved in community run events is considered a positive approach that promotes a sense of community, supports local business whilst ensuring the Mall is commercially viable for the small business located within close proximity. As such, the provision of community events, activities and markets are considered acceptable and favourable elements to encourage in such a space as the Oxford Street Mall.

3 REFERRALS

3.1 Internal

Environmental Health IssuesThe application was referred to Council’s Environmental Health Division who raised initial concerns regarding:

Sanitary facilities being provided, particularly for stall holders during market days, specifically as complaints have been received that stall holders are using toilets located in adjacent premises and the overuse is allegedly creating unhygienic conditions;

Hand washing facilities are required particularly for any food events and markets, whereby the temporary camping style wash hand facilities are not considered adequate.

Market stalls are necessary to be enclosed on 3 sides to ensure compliance with the Food Authority, given that the current sail style fabric used to provide a ceiling over the food stalls does not comply with construction requirements.

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The requirement of no animals permitted in food stalls also includes feral pigeons and stalls should be designed to prevent their access.

Upon the application being deferred to address these matters, the amended application was considered acceptable subject to conditions being imposed. In some instances, the above matters are unable to be addressed until such time as a new license contractor is engaged (particularly for the operation of the markets) and thus conditions are to be addressed prior to the commencement of the markets under the new license.

For instance, the use of adjacent businesses sanitary facilities will need to occur, particularly for stall holders on market days. This will require the applicant to enter into an agreement with adjacent premises to use their facilities as currently there is no scope within the Mall to provide such facilities.

In relation to hand washing facilities being provided, the applicant has agreed to install moveable/portable hand basins that are stored away when events or markets are not on. These facilities enable hot and cold water to be used and enable better compliance with Food Authority standards. The markets operate 4 days per week, which means their ‘temporary’ nature is questionable. As demand increase for these uses in the Mall, the markets are becoming a more ‘permanent’ use and therefore it is vital that improved facilities are provided to protect the health of the community and ensure compliance with relevant food standards.

This same theory can be furthered with points 3 and 4 above, which can be addressed subject to conditions being imposed.

Waste ManagementThe application was referred to Council’s Waste Management Officer who raised initial concerns for inadequate waste facilities being provided, the requirement for waste water to be connected to the sewer and a need for grease/oils to be collected and disposed properly. Amended documentation was provided including additional waste stations, and storage of a container for the disposal of grease and oils to be provided that meets the requirements outlined within the DCP, and thus the amended application is considered reasonable subject to the imposition of conditions.

Traffic CommitteeThe application was referred to Council’s traffic Committee who raised no objection to the application.

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 seeks to formalise the existing uses occurring within the Oxford Street Mall, with the intention of these community events being held more regularly and increasing with demand. Upon conditions being imposed, the use of Oxford Street Mall is considered to have an acceptable impact upon the natural and built environment. Subject to conditions restricting operations within the Mall to not be in direct competition with existing businesses in the immediate vicinity, no social or economic impacts are expected.

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

The proposed use of Oxford Street Mall for community events and activities are considered to be suitable for this outdoor space and in accordance with Council’s ‘Outdoor Market Operations in Public Places Policy’ which clearly identifies this area for this particular use. As such, the proposal is supported.

4. PUBLIC SUBMISSION

The application was notified for 14 days in accordance with Waverley Development Control Plan 2006, Part C3 – Advertised and Notified Development.

One (1) submission was received. The issues raised in the submission are summarised anddiscussed below.

Property Location Summary of Objections

428-432 Oxford Street Premises within Mall

Adverse impact to business operators trading within Mall;

Markets degrade the physical aspects of the Mall;

Quality of produce is poor;

Breach of health regulations (eg. Animals within close proximity to food stalls);

Obstruction of emergency lane within centre of Mall;

Deterioration of Mall pavement from vehicles parked leaving grease and oil stains;

Tenants of nearby shops pay very high rent, compared to stall holders who have more prominent position pay little comparatively;

Issue: Adverse impact to business operators trading within Mall / Tenants of nearby shops pay very high rent, compared to stall holders who have more prominent position pay littlecomparatively / Markets degrade the physical aspects of the Mall / Quality of produce is poor / Breach of health regulations (eg. Animals within close proximity to food stalls);

Comment: The proposal seeks to formalise the existing uses occurring within the Oxford Street Mall with the intention of increasing these with demand in future. Previously, the markets were considered temporary and only a handful of events occurred from the Mall which obtained permits on a case by case basis.

However, the use of the Mall seeks to be formalised, and provide more permanent uses (such as the markets). It is acknowledged there have been certain problems associated with the increase in events/markets from this location and the subject application seeks to address these. As such, upon consent being granted for these proposed uses within the Mall, it is envisaged that tighter restrictions and regulations will occur to ensure the activities occurring within the Mall can co-exist with the local businesses adjacent. For example, stall holders will not be able to sell products that are in direct competition with adjacent businesses.

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The standards of the stalls will also be improved to ensure compliance with Food Authority Standards, subsequently improving the operation and use of the Mall. Stalls will also be required to be enclosed on three sides to comply with food standards and no animals, other than assistance animals will be permitted to enter any food stall whether the food stall is in operation or not.

Upon these conditions being imposed, it is considered the activities, events and markets should operate in a positive manner whereby the operations occurring within the Mall aid in attracting people to the area, to take advantage of businesses adjacent.

Issue: Obstruction of emergency lane within centre of Mall;Comment: The application was referred to Council’s Traffic Committee who considered the proposal acceptable. It is also noted that access for emergency vehicles will still be available via the Bronte Road access point to the Mall when events, in particular markets are occurring at the western end of the Mall.

Issue: Deterioration of Mall pavement from vehicles parked leaving grease and oil stains;Comment: It is expected that there will be some wear and tear of the Mall as a result of it being used. Council oversees the Mall upgrade and also the operation of the events / markets and should it find that some areas are degraded, have the potential to carry out works to rectify these.

Section 79C(1)(e) - The public interest.

Upon conditions being imposed, it is considered that the application is in the public interest.

5. DEVELOPMENT AND BUILDING UNIT REVIEW

The markets have operated within the Mall since 2003 when the recent public domain works where completed. There have been some complaints about the operations of the markets, concerning matters such as use of adjoining sanitary facilities in the Church in the Market Place and some health matter concerning food premises. These matters are being addressed by the Place Manager, Council’s Compliance team and in part via conditions recommended. Only one (1) submission was received to this application.

This application provides for a market and a variety of events in the Mall such a promotions and noodle markets. These events will be further regulated by commercial agreements with Council through its Place Manager. For this reason the DBU has sought to draft a general consent for the Mall, as ultimately Council will retain a landlord role in the management of this place.

Otherwise, the uses proposed are considered ideal for the centre of a commercial district and the certainty provided by this consent will allow for more and better use of the Mall. A vibrant well managed Oxford Street Mall is considered to be in the interest of adjoining commercial premises.

The application is recommended for approval subject to conditions.

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6. RECOMMENDATION

That Development Application No. 575/2009 at Oxford Street Mall, Bondi Junction for Provision of community events, activities and regular markets in Oxford Street Mall be approved by Council, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Architectural Plan Nos Sheet 1 of 1, tables and documentation prepared by Bondi Junction Management Office, Waverley Council, dated November 2009, and received by Council on date 6 November 2009 and as amended by documentation received on 8 March 2010;

(b) The Site Waste and Recycling Management Plan (SWRMP) and Checklist, in accordance with the SWRMP Checklist of Part G1, Waverley DCP 2006.

Except where amended by the following conditions of consent.

2. HOURS OF OPERATION

The approved hours of operation for any community event, activity or market shall be restricted to between 7am and 12 midnight, seven days a week.

3. TOTAL NUMBER OF STALLS

A total number of fifty (50) stalls may trade within the Oxford Street Mall. All stalls are to be located at the western end of Oxford Street directly beneath the existing sail structures.

4. DELIVERY OF GOODS

Loading and unloading of vehicles and delivery of goods to the land shall at all times be carried out from the western entrance to Oxford Street, accessed from Newland Street.

Permitted hours of vehicle access into the Mall for the markets setup is 6am to 9am and for dismantle after 5pm.

5. PATRON BEHAVIOUR

The Management / Operator shall ensure that the behaviour of customers / stall holders and staff frequenting the community events, activities or markets within Oxford Street Mall does not detrimentally affect the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise and litter generated by persons.

6. SANITARY FACILITIES

Adequate sanitary facilities must be provided for stall holders, operators and organisers of community events in accordance with the requirements of the Building Code of Australia. Where sanitary facilities are not provided a copy of an agreement to lease or share sanitary facilities with a nearby party must be provided to Council’s Planning and Environment Services Division prior to the commencement of the markets and/or community event. A

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copy of such an agreement/lease should outline the location of the sanitary facilities,including details on the number of toilets and times these are available for use. All stall holders, operators and organisers of community events should be advised of these facilities and use them accordingly.

7. NO FLASHING SIGNS

The use of flashing lights, flashing illuminated signs and the like is prohibited.

8. MARKET STALLS SELLING OF GOODS AND PRODUCE

Market stalls shall trade goods and produce that are not in direct competition with products sold within the Oxford Street Mall permanent commercial premises. In this regard the management / license contractor shall be responsible to ensure a range of products are sold within the Oxford Street Mall prior to stall holders gaining their permit to trade.

9. BUILDING CODE OF AUSTRALIA

The use and operations of the Oxford Street Mall shall be carried out in accordance with the requirements of the Building Code of Australia.

10. NO SPRUIKERS

Spruikers (with or without sound amplification) shall not operate within Oxford Street Mall without the prior written consent of Council.

11. ENTERTAINMENT NOISE EMISSIONS

No sound reproduction device nor any forms of entertainment operated within the Oxford Street Mall operations contained within this consent are to exceed a noise level of 5dBA above background noise levels measured from any public place or other parts of the premises or adjoining premises prior to 9 am and after 10pm on any day.

12. EMISSIONS

No injury being caused to the amenity of the neighbourhood by the emission of noise, smoke, smell, vibration, gases, vapours, odours, dust, particulate matter, or other impurities which are a nuisance or injurious or dangerous or prejudicial to health, the exposure to view of any unsightly matter or otherwise.

13. NOISE EMISSIONS

The use of the Oxford Street Mall for community events, activities and markets shall not give rise to:

(a) Transmission of unacceptable vibration to any place of different occupancy.

(b) A sound pressure level at any affected premises that exceeds the background (LA90) noise level in the absence of the noise under consideration by more than 5dB(A). The source noise level shall be assessed as an LA10, 15min and adjusted in accordance with the Department of Environment and Climate Changes's (DECC) guidelines for tonality, frequency weighting, impulsive characteristics, fluctuations and temporal content.

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(c) A sound pressure level at any affected premises that exceeds the DECC recommended planning levels outlined in the DECC Environmental Noise Control Manual; or

(d) A sound pressure level at any affected premises that exceeds the DECC recommended maximum noise level as modified to account for the existing level of stationary noise at the receiver premises.

14. AIR EMMISSIONS

The use of the Oxford Street Mall operations shall not give rise to air impurities in contravention of the Protection of the Environment Operations Act, 1997. Waste gases released from the premises must not cause a public nuisance nor be hazardous or harmful to human health or the environment.

15. NO USE OF NON-RECYCLABLE PACKAGING WITH FOOD SERVICE

No market stalls, events or activities shall provide prepared food to its customers in any non-recyclable or non bio-degradable polystyrene foam food packaging nor shall any restaurant/take-away food outlet purchase, obtain or keep any polystyrene foam food packaging for such purposes.

16. FOOD PREMISES

The following requirements apply to premises that commercially provide food:

(a) All food stalls must comply with the requirements of the Food Act 2003 and the NSW Food Authorities “Food Handling Guidelines for Temporary Events”.

(b) Prior to the operation of any food stall the event organiser/food proprietor must obtain prior approval from Council’s Environmental Health Section.

(c) All temporary food stall must be registered with the NSW Food Authority at www.foodnotify.nsw.gov.au prior to operation.

(d) All food stalls must clearly display a copy of their approval fixed to the external side of the customer servery area.

(e) All food vendors are required to hold a current Waverley Council Food Trading approval certificate.

(f) 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.

17. HAND WASHING FACILITY

(a) Prior to the commencement of events and/or markets that include the sale of food, a designated hand washing facility must be provided in an area easily accessible to all food handlers. Hot and cold water must be delivered through a single outlet to a dedicated hand basin. These facilities must be provided in accordance with the letter dated 8 March 2010 and the type and model nominated.

(b) An adequate supply of liquid soap and single use towels must be provided as close as practical to the hand washing facility.

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(c) Any sullage/wastewater arising from the washing of hands must be discharged to the sewer in accordance with the requirements of Sydney Water.

18. TEMPERATURE CONTROL FOR FOOD STALLS

(a) All food stalls selling, preparing or storing potentially hazardous foods must provide facilities that are capable of maintaining temperature control. Temperature control means below 50C or above 600C.

(b) All food stalls that handle potentially hazardous foods are required to have a readily accessible, accurate, probe type thermometer.

19. FOOD STALL DESIGN

All food stalls at the weekly markets must be designed to the following minimum standard of construction:-

a) preparation and servery areas to be fully enclosed on three sides;

b) the entire food stall is to be adequately screened to reduce the risk of food contamination and to restrict public access for safety reasons;

c) walls to be of “polytarp” or similar non-absorbent material, and able to be easily cleaned. The framework of the wall panels should support the fabric taut and rigid. No part of the walls should flap in the breeze or be otherwise insecure. The material shall be transparent so they do not obscure sight lines to or visibility from neighbouring businesses onto the Oxford Street Mall;

d) the ceiling is to be of similar construction to the walls;

e) the whole structure is to be securely fixed together when assembled and be secured against wind loadings.

20. FOOD STALL PROTECTION AND SAFETY

All food stalls must be designed and erected to prevent public access between them. This is necessary for food protection and public safety. Children (under age of 16 years) are not permitted to enter a food stall.

21. PROVISION OF UTENSILS

Single use straws, eating utensils and other items that come into contact with food must be protected from sources of contamination. Utensils should be kept behind the counter or individually wrapped.

22. FIRE SAFETY FOR STALLS

All stalls where cooking or heating processes are undertaken must supply a fire extinguisher and fire blanket.

23. NO ANIMALS

No animals, other than assistance animals are permitted to enter any food stall whether the stall is in operation or not.

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24. HAIRDRESSING, BEAUTY AND/OR SKIN PENETRATION

No stalls are to carry out hairdressing, beauty and/or skin penetration procedures without the prior consent of Council’s Environmental Health Section.

25. ADDITIONAL WASTE STATION

One waste and recycling station shall be provided on Market days within the Oxford Street Mall to be located in a prominent position that will include two waste bins and one recycling bin. The bins should be clearly identified with signage and be removed at the end of the trading day and stored appropriately in a waste storage area.

26. WASTE STORAGE

The following requirements apply to waste management:

(a) A waste management plan must be submitted to Council’s Planning and Environmental Services Division to include all waste removal arrangements such as the Contractor, recyclables and all other waste (collection and disposal), prior to trading commencing of the markets.

(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) 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.

27. RECYCLING OF WASTE PAPER

The operator of the markets shall ensure that waste paper is recycled. In this regard, the operator shall make arrangements with the food vendors to transfer paper for recycling to the recycling room for removal by a recycling agent.

28. LIGHTING

Any additional lighting necessary in the Oxford Street Mall shall be designed so as not to cause nuisance to other residences in the area or to motorists on nearby roads and to ensure no adverse impact on the amenity of the surrounding area by light overspill. All lighting shall comply with the Australian Standard AS 4282:1997 Control of the Obtrusive Effects of Outdoor Lighting.

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MINUTES OF THE MEETING OF THE INDEPENDENT HEARING AND ASSESSMENT PANEL OF WAVERLEY COUNCIL

Location: Waverley Council Chambers

Date: Wednesday, 7 April 2010

Panel Members Present: Tina Spiegel Solicitor (Chair)Jocelyn Jackson Architect Stuart McDonald Town Planner Warwick Baird Community Representative

Council Officer Present: Arif Faruqi Area Manager Development Assessment Team (North)

ITEM 2 IHAP-1004.2

Proposal: Provision of community events, activities and markets in Oxford Street Mall

Address: Oxford Street Mall, Bondi Junction

Council reference: DA575/2009

PANEL COMMENTARY:

The panel received and perused a copy of Council Development Assessment Report and the Development and Building Unit report dated 24 March 2010 and submission from Graeme J McKimm.

RECOMMENDATION FROM THE PANELThe panel agree with the recommendation contained in the Council Development Assessment Report that the development application be granted approval subject to the conditions listed in the Council Report.

Voting:Unanimous 4 All

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