blue mountains local planning panel item no: 2.3– 20 … · 2018-08-08 · applicant one pro blue...

BLUE MOUNTAINS LOCAL PLANNING PANEL

ITEM NO: 2.3– 20 AUGUST 2018

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ITEM No. 2.3

REPORT: DEVELOPMENT APPLICATION No. X/968/2017 for the restoration and fitout of the existing hotel at 1-15 Station Street, MOUNT VICTORIA NSW 2786

Reason for report The proposal involves partial demolition of a heritage item and is therefore considered to be sensitive development.

RECOMMENDATION That Development Application X/968/2017 for the restoration and fit out of the Imperial Hotel at 1-15 Station Street, MOUNT VICTORIA NSW be determined in accordance with s4.16 of the Environmental Planning and Assessment Act 1979, by the granting of consent subject to the conditions stated in Part 3 of this report.

Reasons in support of the recommended decision

1. The proposal complies with the aims of Blue Mountains Local Environmental Plan 2005

2. The proposal complies with the objectives of the Village Tourist zone

3. The refurbishment of the heritage listed Imperial Hotel will have a positive social and economic impact. The restoration will reactivate a key entry to Mount Victoria, benefiting the local village and wider Blue Mountains community and economy.

4. The refurbishment of the 140 year old Imperial Hotel will restore a currently unused and dilapidated building to a semblance of its former glory. Its restoration will ensure the heritage values of the hotel and of the Central Mount Victoria Urban Conservation Area are retained and enhanced.

5. The proposed development takes into full account the heritage values and character, landscape and design of the subject site and surrounding streetscape of the Mount Victoria Village.

6. As the development is a sympathetic restoration of an existing building and grounds, it is considered there will be no adverse impacts on the natural or built environment resulting from the development.

7. The parking measures proposed on site are considered suitable and traffic can be appropriately managed.

8. The pre to post-development stormwater quality outcome will result in an overall improvement on the site, and for the receiving catchment.

Disclosure Disclosure of any political donation and/or gift - No

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 - 20 AUGUST 2018

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Declaration of interest No conflict of interest has been declared.

Report author/s Senior Town Planner - Frances Kelly

Executive Principal, Planning – Alex Williams

Manager, Development & Planning Services – Kim Barrett

Report authoriser Director, Development & Customer Services – William Langevad

PART 1 Development proposal

PART 2 Council assessment

PART 3 Proposed conditions of consent

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 20 AUGUST 2018

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PART 1: Development proposal

Applicant One Pro Blue Mountains Hotel Pty Ltd

Land owner One Pro Blue Mountains Hotel Pty Ltd

Location Imperial Hotel, 1-15 Station Street, MOUNT VICTORIA NSW 2786

Lot & DP L 1 DP 219543

Date lodged 12-Oct-2017

Value of works $8,305,344

Proposal in detail The development application seeks approval for the restoration and fitout of the Imperial Hotel. The works detailed below include internal and external refurbishment of the hotel and formalisation of the existing car park. Internal works: Ground floor • Conversion of the laundry into a dining area, including removal of walls. • Partial removal of walls and doors between the ballroom/dining and

entrance. • Reconfiguration of reception / office layout, including removal of walls. • Reconfiguration of bar / gaming area including removal of walls. • Reconfiguration of 6 ground floor hotel rooms into 4 hotel rooms with

ensuites, including two accessible rooms. • Internal upgrade works to facilitate equitable access and new and upgraded

amenities. First floor • Reconfiguration and conversion of the existing 24 first floor hotel rooms into

14 hotel rooms with associated ensuites, including removal of walls.

External works: • New entry on the north eastern façade. • Removal of covered entrance to the bar on south western frontage. • New timber decking along the north western and north eastern frontages. • New accessible ramps from the Station Street frontage and along the north

eastern and south eastern frontages. • Restore outdoor dining area and frontage landscaping. • Restoration works to verandahs including removal of enclosed verandahs

(4 in total). • Extension of the first floor verandah on the north-eastern façade. • New roof, painting and new signage. • Upgrade of car park to enable 28 spaces, including 4 accessible spaces, a

loading bay and landscaping.


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Supporting documentation

The plans and documents lodged are considered sufficient to enable assessment of the application. The application is supported by:

• Architectural plans

• Heritage report & Conservation management plan

• Stormwater report and plans

• Acoustic Report

• Traffic Report

• Landscape plan

• External colour schedule

• Statement of environmental effects

Documentation online Plans to scale and key documents lodged with the application can be viewed online. Go to www.bmcc.nsw.gov.au/development – Track and View applications. Search and select X/968/2017.

Reduced site and elevation plans are below.

https://www2.bmcc.nsw.gov.au/DATracking/Pages/XC.Track/SearchApplication.aspx?os=y&

http://www.bmcc.nsw.gov.au/development


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Site plan


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Elevation plan


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PART 2: Council assessment 2.1 Overview and summary of issues

Location Imperial Hotel, 1-15 Station Street, MOUNT VICTORIA NSW 2786

Lot & DP L 1 DP 219543

Zoning The site is zoned Village - Tourist under the provisions of Local Environmental Plan 2005.

Characterisation of use The use is characterised as “Hotel”

Permissibility The proposed hotel use is not permissible within the zone.

Existing use rights The proposed development relies on existing use rights.

Type of development Integrated

The development requires concurrence from the NSW Roads and Maritime Service (RMS) under section 138 of the Roads Act 1993 as the development involves works within the Great Western Highway.

Applicable environmental planning instruments and policies

• State Environmental Planning Policy (Infrastructure)

• State Environmental Planning Policy (Sydney Drinking Water Catchment)

• State Environmental Environmental Planning Policy 64: Advertising and Signage

• Sydney Regional Environmental Planning Policy 20: Hawkesbury-Nepean River

• Local Environmental Plan 2005 & Draft Environmental Plan 2013

• Draft Amendment 1 to Local Environmental Plan 2015

• Draft Amendment 5 to Local Environmental Plan 2015

• Better Living Development Control Plan 2005

Bushfire prone land The property is not mapped as bushfire prone.

Heritage item or conservation area

The property is listed as Heritage Item MV006 (LEP 2005) and is within the Central Mount Victoria Urban Conservation Area MV023 (LEP 2005).

Potentially contaminated land

The land is not listed on the Council’s potentially contaminated land register and none of the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing Land Contamination Planning Guidelines, are being or are known to have been carried out on the site. However, asbestos was found on the grounds during an inspection in December 2017, and was subsequently removed to the satisfaction of Council. This is addressed below.

Site description The subject site is an L-shaped allotment with an area of 3447m2. It is located on


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the north-eastern corner of the intersection of the Great Western Highway and Station Street.

The site is developed with the heritage listed Imperial Hotel. The hotel and its landscaped beer garden front Station Street. An unformed car park is at the rear of the hotel, accessed from the Great Western Highway. The site is relatively flat with the exception of the very rear of the hotel car park that slopes steeply (up to 15% gradient) towards the north.

The Imperial Hotel was built in 1878 but partially destroyed by fire in the early 1900s and rebuilt. It has operated continuously as a hotel and pub since its reconstruction. The building contains two storeys with an irregular massing reflecting its interior layout. The majority of the building is two storey, however there is a single storey wing on the corner of Great Western Highway and Station Street, which houses the main part of the pub.

The hotel’s external walls are covered with cement render and feature crenellated parapets above decorative horizontal mouldings. Decorative piers rise above the main western parapet. Verandahs along parts of the southern, northern and western facades of the building are framed in timber, with heavy posts and vertical balustrading. Verandah roofs are covered with corrugated iron. French doors with fanlights open onto the verandahs, while the windows are generally comprised of timber framed double hung sashes. The service wing of the hotel is located close to the northeast boundary overlooking an external courtyard which enables the hotel to be serviced from the rear.

The hotel has strong associations with the heritage listed Mount Victoria Memorial Park to its west and the parklands to its north. These parklands were originally part of the grounds of the hotel, but were partitioned off in the 1960s and are now within the adjoining Mount Victoria Motor Inn grounds. To the east of the rear car park is a heritage listed residential property called Ivanhoe.

The building retains a large amount of original intact external and internal fabric. The ground floor of the hotel contains a bottle shop, gaming room, bar, dining area, ball room, function rooms, toilets and six hotel rooms. The first floor contains 24 hotel rooms, a common room, shared bathroom facilities and a verandah along the Station Street and Great Western Highway frontages.

Internally, relatively large amounts of early twentieth century features have survived in an intact condition. This includes public spaces used as dining rooms and bars, timber joinery items, leadlight windows, fireplaces, chimney pieces and lavatory fitments and fixtures.

The sensitivities of the Imperial Hotel site are of the highest order in view of the heritage, conservation area and urban design aspects. The siting, character and continuing use of the property is also critical to the life of Mount Victoria and the building is one of significant period hotels and hospitality businesses in the Blue Mountains.


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Development history / background

The only development consent on Council records pertaining to the hotel is for a wall mounted advertising sign approved on 28 May 1991 (D/119/1991). A series


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of entertaining licences were granted in 1999 (O/17/1996), 2004 (O/2801/2004) and 2005 (O/1890/2005).

On 17 July 2017, Land use advice (O/933/2017) was provided to the current applicant regarding the restoration of the hotel, its grounds and car park. Separate specialist heritage advice was provided by Council’s heritage consultant, which has helped to inform the current application and its proposed heritage outcomes.

City wide infrastructure contribution

The Citywide infrastructure contribution applies. This contribution is included as a condition of consent.

Referral authorities Concurrence was sought and obtained from:

• Roads and Maritime Service (RMS) – The proposal is integrated development under the Roads Act 1993 for works in a public road.

• WaterNSW - The site is within the Sydney Drinking Water Catchment.

The concurrence advice and conditions from these authorities have been included in this report.

Notification period The application was notified to adjoining owners and published in the Blue Mountains Gazette for the period 25 October 2017 to 8 November 2017.

Number of submissions Three (3) submissions were received.

Summary of issues raised in the submissions

• Heritage

• Noise

• Accessibility

• Signage

Summary of assessment issues

Key issues considered in the assessment are:

• Heritage

• Traffic and road safety works in the Great Western Highway and upgrade of the car park

• Character and design

• Stormwater


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2.2 Evaluation The application has been assessed in accordance with s4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act). Only those provisions relevant to the proposed development have been addressed.

State Environmental Planning Policies (SEPPs) – s4.15(1)(a)(i)

The following is an assessment of the SEPPs applicable to the site.

SEPP 55 – Remediation of Land

Consideration has been given to whether the land is contaminated, as required by cl.7 of the SEPP.

The land is not listed on Council’s potentially contaminated land register and none of the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing Land Contamination Planning Guidelines, are being or are known to have been carried out on the site.

However, an inspection of the building was undertaken on Friday 1 December 2017 by Council’s Senior Environmental Health and Building Surveyor. During the inspection, concerns were raised with the owner’s representatives regarding the presence of pieces of broken fibre-cement cladding which may contain asbestos. The absence of any asbestos register, the extensive amount of rubbish and litter throughout the grounds, and the unmaintained state of the grass and garden areas throughout the grounds also raised concerns.

Council wrote to the owners on 5 December 2017 requesting clean-up of the site. A re-inspection was carried out on 15 January 2018 at which it was found that the clean-up of the premises and correct removal and disposal of asbestos had been satisfactorily completed. This was confirmed in a letter from Council to the owner dated 16 January 2018.

In view of the fact that the building contains asbestos and excavation in the grounds may uncover further asbestos, conditions of consent are recommended requiring demolition and removal of asbestos in accordance with state legislation and Council requirements.

SEPP 64 – Advertising and Signage

The application does not include a detailed signage proposal, however did include request for approval of a banner sign on the eastern building elevation. The banner sign is not recommended for approval as it is not considered to comply with the objectives of SEPP 64, and with consideration for the relevant criteria in Schedule 1 of the SEPP; it is not considered compatible with the visual character and heritage values of the Imperial Hotel.

SEPP (Infrastructure) 2007

Standard Discussion Compliance Y/N

Clause 101 - Development with frontage to classified

Clause 101 of the Infrastructure SEPP requires development fronting a classified road to provide access where practicable via a secondary road. The clause also requires the safety, efficiency

Y


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SEPP (Infrastructure) 2007


road.

and ongoing operation of the classified road to not be adversely affected by the development and design of vehicular access to the development.

The only vehicular access to the car park of the hotel is from the Great Western Highway. The highway is categorised as a classified road under the Roads Act 1993.

Early in the assessment process Council raised the need for secondary road access to be explored by the applicant. It was suggested owners of vacant lots along Harley Avenue, located to the north east of the hotel car park, could be approached to ascertain whether they would consider selling or providing access through their land. The potential costs involved, site layout and fact that one of the lots identified is in the process of being developed, meant this secondary access was not considered practicable. The existing highway entry to the car park therefore remains the only access option.

The proposed refurbishment of the hotel is unlikely to result in a significant change in the traffic generation potential of the site. Further, works in the highway and at the entrance of the car park will prevent vehicles making a right turn when entering or exiting the site (i.e. left in / left out) thus ensuring there is no adverse effect on the safety, efficiency and ongoing operation of the highway. These safety works have been endorsed by the Roads & Maritime Services (RMS) as part of its concurrence granted under section 138 of the Roads Act 1993.

SEPP (Sydney Drinking Water Catchment) 2011

Discussion

Compliance Y/N

The site is in the Sydney Drinking Water Catchment. Tourist development is categorised as Module 5 development by WaterNSW, requiring concurrence under the SEPP.

The development has been assessed by WaterNSW as having a neutral or beneficial effect on water quality in accordance with the SEPP.

Water NSW issued its concurrence for the development on 11 January 2018. The concurrence conditions are proposed to form part of the development consent.

Y

Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River


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Discussion

Compliance Y/N

The land is located in the Coxs River sub catchment. The proposal has been designed to comply with general planning considerations and the specific planning policies and related recommended strategies which are applicable to the proposed development, including water quality, water quantity and urban development.

Y

Local Environmental Plan 2005 [LEP2005] & Draft Local Environmental Plan 2013 [DLEP 2013] – s4.15(1)(a)(i)

The Imperial Hotel is within an area of Mount Victoria that is currently deferred from Local Environmental Plan 2015 (LEP 2015). Local Environmental Plan 2005 (LEP 2005) is the primary instrument applying to the site. Draft Local Environmental Plan 2013 (DLEP 2013), Draft LEP 2015 Amendment 1 and Draft LEP 2015 Amendment 5 also apply to the site.

The following table is an assessment against relevant provisions of LEP 2005 and DLEP 2013. Where a draft clause in DLEP 2013 is equivalent to a clause under LEP 2005, the clauses are listed together and a single assessment undertaken. Clauses within DLEP 2013 which represent new policy, if any, are listed together with the assessment against other draft EPIs.

Part 1 Planning principles

LEP 2005

Clause


11 Ecologically sustainable development a) integration b) community involvement c) precautionary behaviour d) equity within & between generations e) continual improvement f) conservation of biological diversity & ecological integrity g) improved valuation & pricing of environment resources

The development is consistent with ecologically sustainable development principles.

Y

12 Principal objectives of LEP

The development complies with the principal objectives of the LEP. In particular the development complies with the following objectives:

• To maintain the unique identity and values of

Y


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Part 1 Planning principles

LEP 2005

Clause


the City as the “City within a World Heritage National Park”.

• To identify and conserve the distinct Aboriginal and European cultural heritage of the built forms and landscapes of the Blue Mountains.

• To identify and retain the diverse built and landscape elements that contribute to the character and image of the Blue Mountains.

• To provide sustainable employment opportunities and strengthen the local economic base by encouraging a range of enterprises, including tourism, which respond to lifestyle choices, emerging markets and changes in technology, while protecting local amenity, character and environmental values.

DLEP2013 1.2

As above

Part 2 Locality management

LEP 2005

Clause


14 Locality Management within the Villages

This clause requires development to comply with provisions set out for the relevant village as set out in Schedule 1. The proposal has been assessed against the relevant provisions at Schedule 1, as required. See Schedule 1 assessment below.

Y

Part 2

Division 2

Objectives of the zone The development complies with the objectives of the Village – Tourist zone. The restoration of the Imperial Hotel will attract local and international tourists to Mount Victoria, complying with the zone objectives. In particular the development complies with the following objectives: • To allow opportunities for the development of

a variety of tourist-orientated land uses and services within a predominantly residential area.

• To allow for the consolidation of tourism-related land uses in existing major tourism precincts in the Blue Mountains.

• To ensure that development contributes to a strengthening of the landscape character and visual setting along significant tourist routes.

• To retain and enhance the established

Y


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Part 2 Locality management

LEP 2005

Clause


traditional streetscape character and heritage values, including mature vegetation and gardens, that contribute to the attraction of the area for residents and visitors.

• To ensure that the building form and design of non-residential land uses do not unreasonably detract from the amenity of adjoining or adjacent residents or the existing quality of the environment by its scale, height, bulk or operation.

• To only permit development that does not place unacceptable demands on infrastructure and services.

DLEP 2013 Land Use Table

As above. The land is zoned R1 General Residential under DLEP 2013. The zone objectives of the LEP 2005 Village-Tourist zone have generally been incorporated into the objectives for the R1 General Residential zone.

Y

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Development permissible on subject land

The use is categorized as hotel. Hotel is defined in the Dictionary to LEP 2005 as meaning:

premises to which a hotelier’s licence granted under the Liquor Act 1982 relates.

The visitor accommodation and restaurant are ancillary to the hotel use. Hotels are a prohibited land use in the Village-Tourist zone under LEP 2005. The hotel use relies on the existing use provisions under the Environmental Planning and Assessment Act 1979 and Regulation 2000. This is addressed below at the end of this section.

N

Existing use provisions apply

DLEP 2013 Land Use Table

As above. The land is zoned R1 General Residential under DLEP 2013. Pub is a prohibited use.

N


Existing Use Provisions

The application relies on the Existing Use provisions under the Environmental Planning and Assessment Act 1979 (the Act). Section 106 of the Act provides the definition of Existing Use relevant to the Imperial Hotel, as follows:

a) the use of a building, work or land for a lawful purpose immediately before the coming into force of an environmental planning instrument which would, but for Division 4 of this Part, have the effect of prohibiting that use.

In terms of the proposed application the three primary Existing Use considerations are as follows:


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• whether the use was for a lawful purpose prior to LEP 2005; • whether it has been carried out such that the consent has not lapsed; and • whether the provisions can be relied on to bestow permissibility on the proposed development.

Lawful purpose & Continuity of use

The Imperial Hotel has operated as a hotel since 1878 when no planning instruments applied to the site. It has operated continuously as a hotel, under different ownerships, since that time.

The most recent contract for the sale of the land is dated 26 February 2017. The sale documents state that the purchase of the land is subject to the existing (hotel) tenancy arrangements. The subject application was lodged in October 2017, proving intention to continue use of the Imperial as a hotel from that time. Although the hotel has been closed to the public since February 2017, the sale documents and development application demonstrate the use as a hotel is continuous.

It is considered that use of the land legally commenced and has continued to operate such that the use (that has been legally carried out on the land continuously since 1878) has not lapsed. The existing use provisions can therefore be relied on to bestow permissibility on the proposed development.

Permissibility

Under clause 41(1) of the Regulations, an existing use may be altered or extended. Clause 43 of the Environmental Planning and Assessment Regulation 2000 states that the alterations or extensions must be for the existing use of the building and for no other use and are limited to the land on which the existing use is carried out.

The existing use is categorized as a hotel and the proposed development remains the same type, but is altered through its refurbishment. The proposed development does not extend the use, increase the existing bulk and scale of the building, or introduce new uses. The development is on the subject allotment only.

The application can appropriately rely on these provisions for permissibility.

Planning Principles

The conclusion from the Existing Use Provisions section of this report is that the proposed development is for a lawful use and can legally be approved. It is appropriate to undertake a merit assessment of the development against the locality character and management provisions.

Section 108(3) of the Act states that the LEP may contain provisions that supplement the Existing Use provisions, however, any provision that would derogate from the Existing Use provisions is of no force. This assessment identifies where the development is not compliant with the LEP and existing use provisions prevail.

The Land and Environment Court (LEC) has provided ‘planning principles’ that have been refined as various matters have been heard by the Courts. The ‘planning principles’ include one providing appropriate considerations when undertaking a merit assessment of any proposed development relying on Existing Use provisions as follows:

1. How do the bulk and scale (as expressed by height, floor space ratio and setbacks) of the proposal relate to what is permissible on surrounding sites?

2. What is the relevance of the building in which the existing use takes place? 3. What are the impacts on adjoining land? 4. What is the internal amenity?

The development does not change the existing building, footprint or height and remains compatible with the surrounding sites in the Mount Victoria village. The development is not a change of use within an existing building and does not involve demolition of the entire building to be replaced by another. The development


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does not involve an extension or change that will impact on adjoining land. The proposal will improve the internal amenity for guests and visitors to the hotel. A full merit assessment against the relevant provisions of LEP 2005 and the Better Living DCP is provided below:

Part 3 Assessing the site and environmental context

Clause Standard Discussion Compliance Y/N

41-43 Site analysis A site analysis plan has been provided with the application. The plan includes all relevant contents listed under clause 43.

Y

44 Environmental impact There is no mapped environmentally sensitive land on the site.

Y

DLEP2013 6.1

As above.

48 Protected Area – Water Supply Catchment

There are currently no water quality control measures on the site, providing an opportunity for the refurbishment of the hotel and car park to enhance the quality of stormwater leaving the site. Following completion of the stormwater management measures for the development, the majority of site runoff will be collected, detained, treated and discharged to an extension of the street drainage system in Station Street which is in the Sydney Drinking Water Catchment.

The application was referred to WaterNSW as required under State Environmental Planning Policy (Sydney drinking water catchment) 2011. WaterNSW provided its concurrence on 11 January 2018, concluding that the development would achieve a neutral or beneficial effect on water quality in the catchment in accordance with the SEPP.

The WaterNSW concurrence conditions require a 24,000 litre rainwater tank. However, the final stormwater plan accepted by Council, which was amended after the concurrence was received, incorporates a 16,000 litre rainwater tank. The reduced size of tank was considered by Council to be the maximum size necessary for the stormwater generated.

Council contacted WaterNSW on the 23 February 2018 to seek their response to this amendment. WaterNSW informed Council that the amended stormwater measures still complied with the Sydney

Y


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Drinking Water SEPP and agreed to Council amending the WaterNSW concurrence conditions to reflect the amended plans.

The WaterNSW concurrence and reference to amended plans are included in the recommended conditions of consent.

53 Retention and management of vegetation

Retained vegetation on the site will include a Camellia adjacent to the eastern boundary and ferns along the highway. In addition a number of other trees and shrubs assessed by Council as healthy, and that will not be adversely impacted by construction activity will be retained as shown on the landscape plan.

All trees and vegetation on the site that have been assessed by Council as either dead or in serious decline or affected by construction activity have been marked for removal and replacement with the same species.

Council considers there is an appropriate mix of existing and new deciduous and evergreen species compatible with the character of the area.

The landscape plan recommended for approval provides further detail on the retained and/or replaced vegetation on the site.

Y

DLEP20135.9 5.9AA

As above.

56 Site disturbance & erosion control

A sediment and erosion control plan has been provided with the application. Erosion and sediment control for works in the car park is also a recommended condition of consent.

Y

DLEP20136.14

As above.

57 Stormwater management The majority of site runoff will be collected, detained, treated and discharged to an extension of the street drainage system in Station Street. Station Street is a State road so the plans of the pipe extension in that street were sent to the RMS for approval.

The RMS provided their concurrence under the Roads Act 1993 on 4 July 2018. Condition 1 in that

Y


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concurrence requires detailed design plans and hydraulic calculations of any changes to the stormwater drainage system to be submitted to the RMS for approval prior to the commencement of any works.

Stormwater measures proposed to be implemented on the site include a 16,000 litre rainwater tank for on-site detention and reuse, and installation of stormwater quality improvement devices to filter run off prior to it entering the tank.

Pervious pavement material is proposed in the car park area to allow infiltration of stormwater into the relatively pervious subsoil. This will mimic natural conditions to a certain extent and prevent adverse impact downstream.

The provision of on-site detention means that the peak discharge to the street drainage system will not exceed the current uncontrolled discharge from the hotel roof when the additional carpark area is connected.

The stormwater measures proposed for the site have been assessed by Council as complying with the requirements of the LEP, being to have no adverse impact on stormwater quality, quantity and flow.

Recommended conditions of consent for stormwater management will ensure the correct implementation of the endorsed stormwater measures and the ongoing maintenance of the stormwater structures.

DLEP20136.9

As above.

58 Modification of land form Earthworks will be carried out to upgrade the car park which will include cut and fill towards the rear.

Batters and retaining walls will be installed to the rear of the parking area adjacent to the pervious landscaped area. Long sections of the car park were provided by the applicant to show the extent of cut and fill is at the most up to 1m in the rear part of the car park, where the permeable paving will be placed.

Y


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The proposed extent of cut and fill on the site is considered minimal, complying with LEP requirements.

DLEP20136.14

As above.

Character and landscape assessment

60 Consideration of character and landscape

The unoccupied and unused hotel is currently at risk of falling into a dilapidated state. The hotel is highly visible both from the Great Western Highway and Station Street, being located on a dominant corner, at the entry to the village. It is considered to be the most important landmark building in Mount Victoria.

The restoration and refurbishment of the hotel, in a manner sympathetic to its former glory will be entirely compatible with the established character and streetscape of the surrounding area. Materials and finishes used, will replicate the original. The reopening of the hotel and sympathetic landscaping of the beer garden and site boundaries will reactivate and enhance the highway and Station Street frontages. The restoration will enhance the appearance of this important entry into Mount Victoria.

The Imperial Hotel’s refurbishment and reopening is overall considered to be a highly positive outcome, compatible with the character and landscape of the vicinity.

Y

DLEP20136.18, 6.21

As above.

Heritage conservation

68 Consideration of heritage conservation

The Imperial Hotel is included on Schedule 6 of LEP 2005 as local heritage item MV006.

Heritage significance

The hotel was constructed circa 1878. Its importance to the Blue Mountains and Mount Victoria is summarised in the Statement of heritage significance as follows:

The Hotel Imperial is significant for a variety of reasons. It is the only hotel in the Blue

Y


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Mountains to have traded continuously under its own name. The Hotel has played host to famous guests in the past and has been an important venue for local residents and visitors to Mt Victoria alike for over one hundred and twenty years. The building has associations with historically significant individuals including James Joynton Smith, members of the Tabrett family and William Lees.

The hotel is a very important visual landmark at the intersection of Great Western Highway and Station Street and has strong historical associations with Memorial Park to its west and the park to its north. The hotel, which has retained a large amount of intact external and internal fabric, is notable for its size and distinctive architectural expression.

The Imperial Hotel has also hosted royalty and prime ministers.

The Imperial Hotel is within the Central Mount Victoria Urban Conservation Area MV025. The heritage conservation area encompasses the entire village centre. The Statement of heritage significance for this area describes the village as

“unique amongst all of the villages in the City of Blue Mountains” …with “great aesthetic significance because of the inter-relationship of its built fabric, placed in a setting characterised by open spaces and extensive stands of mature trees”.

There are a number of other significant locally listed heritage items that are adjacent to or in the vicinity of the subject site. These include:

• The Mount Victoria Memorial Park (MV044) which faces the Imperial Hotel on the opposite side of Station Street.

• The residential property “Ivanhoe” (MV047) which is adjacent to car park entry along the subject site’s eastern boundary. The Ivanhoe residence is approximately 12m downslope from the boundary. Outbuildings, a stone wall


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and landscaping sit between the house and the car park. Only the chimneys and roof top of Ivanhoe are visible from the car park. The upgrade of the car park is not considered to impact on the heritage values of this property.

• The Village Green (MV069) on the corner of Harley Avenue and Station Street

• The Victoria and Albert Hotel (MV016) opposite the Village Green on the corner of Harley Avenue and Station Street.

• A row of commercial premises and residences on the opposite side of the Great Western Highway to the hotel, including the Post Office (MV010), Mount Victoria Gallery (MV062), Mountain Top Café (MV063) and a weatherboard shop (MV065) and weatherboard cottage (MV064). The concrete steps leading up to these buildings are also heritage listed (MV066).

The proposed refurbishment aims to conserve and restore the heritage values of the hotel. The proposed works are sympathetic to the heritage values of the hotel and to the heritage conservation area and surrounding heritage items. The works being carried out to restore the Imperial Hotel are considered to be consistent with the heritage objectives and provisions of the LEP.

DLEP2013 5.10

As above.

69 Heritage conservation objectives

The refurbishment of the Imperial Hotel, consistent with its former fabric and appearance, complies with the heritage conservation objectives.

In particular the refurbishment complies with the following objectives: • To conserve the heritage significance of

existing significant fabric, relics, archaeological sites, settings and views associated with heritage items and heritage conservation areas.

• To ensure that the heritage conservation areas throughout the City retain their heritage significance.

Y


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DLEP2013 5.10

As above.

70 Protection of heritage items and heritage conservation areas

The development will involve alteration and partial demolition of a heritage item being the Imperial Hotel. This work can be carried out with consent under clause 70 of the LEP.

Y

71 Determination of development applications for heritage

A Heritage Impact Statement and Conservation Management Plan were submitted with the application as required under clause 71. The application, including these documents, has been assessed by Council’s heritage consultant.

An established heritage architect was employed to progress the application and address all heritage matters. The heritage advice and guidance from Council’s heritage consultant and the applicant’s heritage architect have been adopted by the applicant, with only some fine details to be provided to Council for approval, prior to works commencing. These matters are raised in recommended heritage conditions of consent.

A detailed consideration of specific heritage matters pertaining to the Imperial Hotel’s refurbishment is provided below under consideration of ‘likely impacts’. The following provides a brief response to the clause 71 provisions.

Y

Heritage significance

The 140 year old Imperial Hotel is a highly significant heritage item, being a landmark building setting the entry to the Mount Victoria village and Central Mount Victoria Urban Conservation Area.

Impact of the development on heritage significance

The refurbishment of the hotel is considered to have a positive impact on its heritage significance. The hotel is proposed to be restored from its current dilapidated state to a state that mirrors as far as possible the original building form and materials.

Measures to conserve the heritage item and its setting

The original hotel will be retained, restored and integrated into the final development. Most changes will be internal. These include the proposed addition of ensuites to accommodation rooms, partial removal of walls in the upper floor rooms and partial removal of some walls on the ground floor to reconfigure public spaces.

Significant heritage features such as the staircase, ceilings, doors and windows, external verandahs and balconies, and internal furnishings will be largely retained. Where demolition is proposed as shown on the


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accompanying floor and elevations plans, the works are proposed to be carried out in a manner that minimises impact on the heritage fabric and retains and integrates existing furnishings and fittings. Proposed materials and finishes mimic the original hotel colours and fabric as much as is possible.

Archaeological site protection

The open space on the eastern side of the building near the Great Western Highway contains remnants of walls and footings, and may have archaeological potential.

As there is potential for further uncovering of archaeological items during excavation and restoration works, a condition is recommended requiring any unearthed objects to be recovered, documented and protected.

Submissions received related to the heritage values

One submission from the National Trust (detailed under section 4.15(1)(d) below) raised the importance of protecting the Imperial Hotel’s heritage value. The proposed development retains, integrates and protects as far as possible the original heritage values of the hotel.

Heritage conservation area

The restoration of the Mount Imperial Hotel will have a highly positive impact on the Central Mount Victoria Urban Conservation Area MV023. This heritage conservation area encompasses the central Mount Victoria village along the Great Western Highway and Station Street. As a landmark building at the intersection of these roads, the Imperial Hotel’s restoration and reopening will help to reactivate Mount Victoria and provide a stunning historical entry to the area.

The proposed external materials and colours will mirror as much as possible the original hotel to be compatible with the surrounding values of the heritage conservation area. A condition is included which requires the final paint finishes to be provided to Council for approval to ensure the finish is sympathetic to the heritage values of the site and area.

72 Notice of certain development applications

The development is identified as advertised development as it involves demolition of a heritage item. The development was notified in line with the requirements in the Better Living DCP for advertised development of this type.

Y

74 Development affecting places or sites of known or potential Aboriginal heritage significance

There are no identified Aboriginal sites or places on or within the vicinity of the development.

Y

DLEP2013 5.10

As above.

75 Development affecting places or sites of known or potential non-Aboriginal heritage significance.

The earthworks in the car park have the potential to impact on items of archaeological significance related to the 140 year history of the hotel.

A condition of consent has been recommended that will ensure any items unearthed during these works are recovered, documented and protected.

Y

DLEP2013 5.10

As above.


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76 Development in the curtilage of a heritage item or in a heritage conservation area

The Imperial Hotel is within the Central Mount Victoria Urban Conservation Area MV025. As noted above, the refurbishment of this key landmark heritage hotel will enhance and reactivate this heritage conservation area.

Y

DLEP2013 5.10

As above.

Hazard and risk assessment

87 Crime minimisation assessment

The refurbishment and opening of the hotel to the public, with outdoor dining, verandahs and terraces, will reactivate this part of Mount Victoria. The refurbished hotel design will increase opportunities for passive surveillance within the hotel grounds and surrounding streetscape.

The upgrade of the car park and opening of the hotel will also remove any potential for vandalism of what currently appears as an abandoned site. Current security arrangements and surveillance cameras will help prevent such activity but cannot completely remove such threats.

During operation it is proposed that surveillance cameras will be installed around the perimeter of the site for the safety of visitors and staff working late at night.

Hotel staff will also be on site 24hours every day.

Y

89 Remediation of contaminated land

As noted above under SEPP 55, the site is not an identified contaminated site as described under the SEPP and its guidelines. However, asbestos was identified by Council during an inspection of the building on Friday 1 December 2017 and subsequently cleaned up to the satisfaction of Council. This process is detailed under SEPP 55 above. Conditions of consent are proposed to ensure the appropriate removal, management and disposal of asbestos containing materials found while undertaking the proposed works.

Y

Part 4 Considerations for development


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Services and infrastructure

94 General provision of services

The site is already serviced with water, sewer, electricity and communications infrastructure, but these services will need to be upgraded.

A condition of consent is proposed for certificates and approvals to be obtained from all relevant infrastructure and services authorities.

The servicing of the hotel will largely involve upgrades of existing systems, with the exception of internal plumbing for the ensuite additions and air-conditioning. An air-conditioning system will be introduced using systems which have been selected to provide the least interference and impact on the traditional fabric including underfloor distribution, floor standing units and void ducting where the cavities are available.

A strategic services plan has been provided to show where the new services are planned within the building and their potential impact on the heritage fabric of the hotel. The strategic planning of new building services will need to be extended through to the site works to ensure minimal impact to significant spaces. This is conditioned.

Y

DLEP2013 6.24

As above.

96 Water cycle management study

The stormwater management plans, reports and data provided with the application have been assessed and approved by WaterNSW. The stormwater management measures and outcomes proposed have been approved by WaterNSW and Council as achieving a neutral or beneficial effect on water quality and having no adverse effect on water quantity and flow.

The development complies with clause 96.

Y

Vehicular access, parking and roads

98 Access to land from a public road

Vehicular access to and from the Imperial Hotel car park is via the Great Western Highway.

The development application was lodged at the same time as RMS safety upgrade works were being undertaken on the highway through Mount Victoria. This resulted in a substantial delay in the provision of design specifications from the RMS, to

Y


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enable the applicant to prepare design plans for proposed works within the highway.

For safety, the RMS has required that vehicles be prevented from making a right-hand turn into, or out of the car park. The achieve this outcome, the RMS has conditioned that the applicant:

• install a raised median strip along the stretch of highway opposite the entry to the hotel car park

• provide a central island at the exit/entry of the car park

• provide clear “no-right turn” signage on the median strip and at the entry to the car park

These arrangements will require vehicles travelling west on the highway, to turn right into Harley Avenue and left via Station Street, to re-enter the highway. Vehicles leaving the car park but wanting to travel west will need to loop around Harley Avenue and Station Street to then turn right at the traffic lights on to the highway.

Given that the traffic generation will be low, the reassignment of traffic entering and exiting the car park to local roads is not considered to adversely impact on those roads or on the amenity of the residents along those roads. Many visitors to the Imperial Hotel will continue to choose to park in Station Street and surrounds as has occurred over many years in the past.

Civil road safety work plans provided to the RMS in June 2018 were accepted by the RMS as sufficient to issue their concurrence on 4 July 2018. The concurrence conditions include the requirement that the final certified plans be submitted to RMS for approval prior to release of the Construction Certificate.

99 Car parking provision The hotel relies on the existing car park at the rear for on-site parking spaces. A total of XX parking spaces will be provided (including 4 accessible spaces).

This parking provision is significantly below that required by the Better Living DCP 2005. Were the uses to be calculated separately and with no consideration for complementary use, the parking

N - Existing Use Rights apply


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requirements for public licenced areas, refreshment rooms, bottle shop and the 18 proposed accommodation suites would require 106 spaces in accordance with the following calculations: • 1 space per 5m2 of public licenced area plus 2

spaces per 3 employees on duty at any one time.

• 15 spaces per 100m2 gross floor area or 1 space per 3 seats, whichever is greater for the refreshment room component.

• 1 space per 25m2 gross floor area for the bottle shop.

• 1 space per accommodation suite.

As noted at the introduction of this report, the accommodation and refreshment uses, being integral to the operation, and are considered ancillary to the hotel use. Notwithstanding, the proposal relies on existing use rights, and therefore compliance with the numeric standard for parking is not required. Additionally, the existing parking arrangement has existed on the site for an extended period, resulting in little to no parking concerns in the immediate locality.

Formalisation of the car park will provide some increase in off-street parking availability compared to current arrangements. Beyond this there is no other practical ability to expand parking availability on site.

In this context, it is considered the parking provided is acceptable given the development is a refurbishment of the existing hotel and will not intensify the use of the site. Rather, the hotel functions are largely consistent the most recent operation of the site, and accommodation room numbers are proposed to be reduced as part of this proposal.

101 Loading and unloading facilities

A loading and unloading space, capable of accommodating a heavy vehicle, is shown on the site plan. Turning paths have been provided showing that the largest vehicle can turn on site.

Turning paths for the heavy vehicles at the entry and exit to the car park were provided to RMS showing driveway widths required to allow simultaneous entry and exit of the largest vehicles

Y


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in a left in left out manner. The final driveway design is required by the RMS in their concurrence conditions to be submitted to them for approval prior to issue of a Construction Certificate.

Energy efficiency

106 Sustainable resource management

The refurbishment of the hotel retains and reuses much of the existing space and décor and furniture of the existing hotel and pub.

The upgrade of services will ensure the hotel will be more energy and water efficient compared to current. The rainwater tank will be reused in toilet flushing and irrigation. The use of recycling will also occur to reduce general waste.

The sustainability outcome from the refurbishment of the hotel is considered to be a positive one.

Y

DLEP2013 6.22

As above.

Equity of access and housing choice

107 Access to public buildings and public land

The hotel has been made accessible with the addition of 4 disabled parking spaces and accessible ramps providing access to the ground floor of the hotel building. The accessibility report provided with the application notes that access can be made or is already available to at least one common toilet, the restaurant, bar and bottle shop areas.

Two of the ground floor accommodation suites have also been dedicated as accessible rooms. A condition is proposed to require access to be in accordance with the recommendations in the Accessibility Report.

Y

Management of public land and public infrastructure

133 Development adjoining the regional transport corridor

An acoustic assessment report was provided with the application. The main noise affecting the hotel will be from vehicular movement along the Great Western Highway. Appropriate noise attenuation measures are proposed to be implemented with double glazing provided to the first floor accommodation levels.

Y


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The glazing is being retrofitted into existing window frames to retain the heritage fabric of the hotel.

Schedule 1 Division 7 Precinct Controls – VT-MV01 Station Street Precinct

LEP 2005:

Sch 1

Precinct objectives and controls – Villages

The Imperial Hotel is located within the Mount Victoria Precinct VT-MV01 – Station Street Precinct.

1. Precinct vision statement and objectives The Imperial Hotel’s location within the Mount Victoria Station Street Precinct requires the development to comply with the precinct’s vision statement and objectives. The objectives (which reflect the vision statement), are provided below:

• To maintain and enhance the distinctive pattern of buildings in garden settings, particularly heritage-listed cottages, shop front terraces and landmark guesthouses.

• To maximise the diversity of retail services and accommodation available for visitors and the local community.

• To encourage modest increases in floorspace consistent with the heritage values of existing buildings and the heritage character of the surrounding precinct.

• To encourage future building forms and designs that are consistent or compatible with the scale and architectural character of existing buildings constructed between the mid-nineteenth and early twentieth centuries.

• To conserve the established pattern of trees and shrubs that contribute to the heritage value of individual buildings or to this precinct’s unique character.

The refurbishment of the Imperial Hotel as a landmark heritage listed guesthouse is consistent with the Mount Victoria Precinct objectives. The refurbishment aims to maintain the heritage style of the era and integrate the original hotel features into the upgrade. The refurbishment does not increase floor space, but it will retain the original building design and form, consistent with its heritage values and compatible with the surrounding streetscape. The landmark hotel’s reopening to the public will enliven

Y


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the character of the precinct and restore economic and social activity to the area. Landscaping will be provided throughout the periphery of the hotel and in the car park. The landscaping is designed to be consistent with surrounding and existing plantings in the area.

2. Building envelope The existing building does not comply with the building height control of 6m. However, no change is occurring to the existing height, setback or site coverage of the hotel. Additionally the existing setbacks and site coverage are compliant with the Precinct requirements.

3. Landscaping, built form and finishes

The refurbishment of the interior and exterior of the Imperial Hotel site has regard to the heritage significance of existing buildings and gardens. Proposed landscaping outcomes will include the replacement of dying and degraded trees with new suitable exotic species, and an upgrade of the beer garden. Decomposed granite (to create a natural appearance) and a mix of shrubs, trees, ground cover, and original garden ornaments and seats recovered from the hotel, will replace the current homogenous paving in the front beer garden. Boundary vegetation will be a mix of trees, shrubs and ground cover, compatible with the general garden theme in Mount Victoria. The landscaping works proposed will significantly improve the current exterior appearance of the site.

4. Amenity and safety

The reopening of the Imperial Hotel, and the refurbishment of external public and private areas such as the first floor verandahs, terraces, entries, and beer garden promote passive surveillance of the surrounding streets and public places. Exterior active space is appropriately oriented towards Station Street.

5. Car parking requirements

The development includes the upgrading of the existing informal car park to the rear of the hotel. The upgrade does not increase accommodation units and parking demand. Formalisation of the car parking spaces will increase parking availability.

N – Existing Use Rights

Y

Y

Y

Y

DLEP2013 7.1 -7.15

The objectives under DLEP 2013 for the Mount Victoria Station Street Precinct VT-MV01are the


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same as above with the exception of one additional objective below.

• to promote pedestrian activity along frontages to the Great Western Highway via shop fronts, verandahs and front garden courtyards.

It is considered that the development complies with this objective as it will reactivate the street front along the Great Western Highway and Station Street.


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Proposed planning instruments – s4.15(1)(a)(ii)

Draft LEP 2013, LEP 2015 Amendment 1 and LEP 2015 Amendment 5

DLEP 2013

Provisions under Draft LEP 2013 not addressed above under the LEP 2005 assessment have been addressed below.

LEP 2015 Amendment 1

Provisions under LEP 2015 Amendment 1 are also addressed below. LEP 2015 Amendment 1, among other things, seeks to bring land zoned Village Tourist under LEP 2005 into LEP 2015.

LEP 2015 Amendment 5

Amendment 5 to LEP 2015 is based on a review of heritage properties listed under Schedule 5 of LEP 2015 but also reviews heritage listed properties within areas still under LEP 2005 and DLEP 2013.

The Imperial Hotel’s significance statement and description remains the same but the listing MV006 is described as “Hotel Imperial and Interiors” as opposed to just “Hotel Imperial” under DLEP 2013 and LEP 2005.

The Central Mount Victoria Urban Conservation Area MV023 remains with that title and the same significance and description as under DLEP 2013 and LEP 2005. Once gazetted, Amendment 5 will bring the deferred part of this heritage conservation area, encompassing the Imperial Hotel, under LEP 2015.

LEP 2015 Amendment 1 and Draft LEP 2013

DLEP Clause


Part 2

Permitted or Prohibited Development

Land Use Table

Zone Objectives The site is zoned R1 General Residential under DLEP 2013 and LEP 2015 Amendment 1 to LEP 2015. The development complies with the objectives of the R1 zone. In particular the development complies with the following objectives:

• To ensure that building form and design does not unreasonably detract from the amenity of adjacent residents or the existing quality of the environment due to its scale, height, bulk or operation.

• To enhance the traditional streetscape character and gardens that contribute to the attraction of the area for residents and visitors.

• To provide opportunities for the development of a variety of tourist-oriented land uses within a predominantly residential area.

Y


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LEP 2015 Amendment 1 and Draft LEP 2013

DLEP Clause


Land Use Table

Permissibility The development is categorised as “pub” under DLEP 2013 and LEP 2015. Pub is defined in the dictionary to the DLEP 2013 and LEP 2015 as meaning:

licensed premises under the Liquor Act 2007 the principal purpose of which is the retail sale of liquor for consumption on the premises, whether or not the premises include hotel or motel accommodation and whether or not food is sold or entertainment is provided on the premises.

Pub is a prohibited use in the R1 General Residential zone.

N


4.3 Height of buildings The maximum height applicable to the site is 6m. The existing building is approximately 8m to the roof top and 11m measured to the tip of the parapet. This exceeds this height limit under DLEP 2013 and LEP 2015 Amendment 1.

The proposed development is not increasing the height of the existing building.

N


4.4 Floor space ratio The maximum FSR applicable to the site under DLEP 2013 and LEP 2015 Amendment 1 is 0.4:1. The existing gross floor area of the Imperial Hotel is 0.46:1.

The proposed refurbishment will reduce this to 0.44:1 as a result of the removal of the enclosing walls around the upper floor verandahs.

N


Better Living Development Control Plan – s4.15(1)(a)(iii)

The proposed development has been assessed against the provisions of the Better Living Development Control Plan (BLDCP) with significant points of consideration not assessed under s4.15(1)(a)(i) above identified and discussed in the table below.


C2.2

Landscaping The landscape plan recommended for approval by Council provides a range of exotic plant species and types compatible with the heritage hotel grounds and Mount Victoria village settings. Council has made slight changes to the plan to shift the location of some trees at the rear of the car park

Y

https://www.legislation.nsw.gov.au/#/view/act/2007/90


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and add an extra row of plantings in the beer garden to increase variety.

The consent is conditioned to ensure all annotations on the landscape plan are included on the final plan provided to the principal certifying authority (PCA) prior to issue of the construction certificate. The recommended conditions of consent also require the following:

At establishment the landscape planting must:

• be comprised of the species and cultivars which are specified on the approved plans, and

• contain only plantings which are appropriately advanced, vigorous, structurally sound and correctly installed.

At maturity, the completed landscape must demonstrate:

• a prominent and complex garden setting commensurate with the locality, and

• landscape elements of a scale and type complementary to the properties heritage character and period.

A condition is proposed requiring maintenance of the hotel landscaping for the life of the development.

The landscaping outcome for the subject site is considered to satisfy the character, amenity and heritage desired outcomes for the site.

C5.1

D7.8.3

Services (Waste) Operational waste

An operational waste management plan was provided with the application.

Operational waste is proposed to be located in an enclosed area on the ground floor at the rear of the hotel which is easily accessible by service vehicles from the car park. This area is shown in the waste management plan.

Operational waste is to be managed and collected by a private contractor.

Construction and demolition waste

The management of construction and demolition waste is conditioned in the consent and is required

Y


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to be incorporated into the Construction Traffic Management Plan to be approved by Council prior to issue of a Construction Certificate.

The RMS requires all demolition and construction vehicles to be confined within the site and for a Construction Traffic Management Plan to be submitted to Council for approval prior to the issue of a Construction Certificate.

C5.3

D7.9

Vehicular Access, parking and roads

Vehicular access has been addressed under LEP 2005, clause 98 above. Pedestrian access to the hotel will either be from Station Street via steps or ramp or via two accessible ramps from the car park. Pedestrian access has been appropriately separated from vehicular access.

Parking design

The existing gravel car park is proposed to be upgraded and surfaced. The driveway and turning area for heavy vehicles will be concreted and pervious paving will be used for the car parking spaces. Landscaping has been incorporated around the car park boundaries.

Council considers the gradient of the upgraded car park is acceptable but a vehicle barrier may be required if the drop off to the rear garden exceeds 600mm or the gradient of the garden area beyond exceeds 1V:4H. This is conditioned.

The traffic report states the car parking spaces will be 2.5m wide but the DA level plans do not show the dimensions of the car park or parking spaces. A condition of consent is included requiring the traffic engineer certify that the Construction Certificate plans for the carpark comply with these requirements and AS2890.1:2004 Off street car parking.

Y

C5.4

D7.10

Amenity The refurbishment of the Imperial Hotel and its reopening is likely to have a positive impact on Mount Victoria overall.

The nearest residence to the hotel is Ivanhoe which is 60m to the east of the car park. To the south on the other side of the Great Western Highway the nearest residence (117 Great Western Highway) is 35m away.

As the use of the Imperial Hotel is not intensifying

Y


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or changing to another use, the development is not expected to create external amenity impacts on local residents compared to previously. However conditions to prevent noise and light disturbance from the pub from impacting on nearby local residents, and limits on opening hours are recommended conditions of consent.

The built form of the development in size and location will remain the same and therefore will not impact on the privacy or visual amenity of nearby residents.

Development Control Plan 21 – s4.15(1)(a)(iii)

The proposed development has been assessed against the provisions of Development Control Plan 21 – Advertising and Signage which applies to the site.

Signage proposed for the Imperial Hotel is as follows:

• Removal of existing signage at the corner of Station Street and the Great Western Highway which is considered to detract from the heritage significance and character of the Hotel.

This is supported by Council.

• A new banner sign is proposed within the south western corner of the car park entry. A directional sign will also be placed in this location.

Banner signs (known as Bunting under DCP 21) are considered unacceptable signage for heritage items under DCP 21 and this proposal is not supported by Council.

The directional car park sign is supported.

• The Statement of Heritage Impact states that signage of super-graphic lettering as painted signwriting using early photographs as a guide will be placed on all four elevations of the hotel. The lettering is to be provided by a skilled experienced signwriter and be consistent with the historic photographs for all four elevations.

This approach is supported by Council, however no details have been provided and the Conservation Management Plan for the site recommends that a signage strategy be prepared. A condition of consent will be included to require that this occur, and that a separate application be submitted for signage, once the detail has been compiled.

Separately the RMS requires detailed design plans to be sent to them for works in the Great Western Highway road reserve and this will include signage at the exit/entry to the hotel car park and on the highway to prevent a right turn into or out of the car park.

Planning Agreement – s4.15(1)(a)(iiia)

There are no planning agreements that apply to the proposed development or the subject site.


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Regulations – s4.15(1)(a)(iv)

The Environmental Planning and Assessment Regulation, provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.

Fire safety and other considerations

Standard Discussion

Fire safety The application has been assessed by the Council’s Environmental Health and Building Surveyor (Fire Safety) who has taken into consideration whether the fire protection and structural capacity of the building will be appropriate to the rebuilding, alteration, enlargement or extension of the existing building.

The application was accompanied by a BCA Compliance (Upgrade) Report, an initial statement from a fire engineer and an infrastructure survey report. These documents were relied upon for Council’s fire safety assessment. The BCA compliance report seeks to strike a balance between the provisions for fire safety and maintaining (as far a practical) the heritage values of the building. The report requests Council exercise discretion on a number of items in order to maintain the heritage values of the building.

In December 1991, Council did a preliminary (identification only) fire safety audit of the Imperial Hotel and has since been receiving Annual Fire Safety Statements. This has continued despite a number of ownership changes. The existing building provides a reasonable level of fire safety for the occupants of the building. The current essential fire safety measures focus on facilitating swift evacuation from the building, while the alarm monitoring system allows for automatic early notification to the fire brigade. These measures alone are however inadequate for the hotel upgrade.

During an inspection of the building undertaken on 1 December 2017 a number of specific matters were raised by Council’s fire safety officer as requiring fixing for fire safety reasons. These items have all been included in the BCA report or the scope of works to be carried out and include the replacement of the two sets of deteriorating external timber stairs, an upgrade of electrical work and check of the overall state of building by a structural engineer due to its age.

The upgrades proposed as part of the BCA compliance report and scope of works are considered appropriate given the building’s age, and will vastly improve the level of fire safety provided to the occupants of the building.

Condition of consent A condition has been included on the works necessary to upgrade the building for fire safety measures in accordance with the BCA report.

Likely impacts – s4.15(1)(b)

Likely impacts on the natural and built environment Built Environment – Heritage Impact


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Likely impacts on the natural and built environment

The most likely impact of the development on the built environment would be to the heritage values of the Imperial Hotel and the surrounding heritage conservation area. It is considered however, that this aspect has been dealt with comprehensively.

At the outset of the project the key heritage issues identified by Council were adopted by the applicant. Where recommended measures could not be fully adopted, partial or alternative measures were adopted to ensure there was a positive heritage outcome. The modified aspects are considered to be relatively minor and can be satisfactorily addressed in the fabric, finishes and interpretation within the building. The expected impact from the works to refurbish the hotel, and mitigation measures to protect heritage are detailed in the Statement of Heritage Impact provided with the application. Some key specific heritage issues raised or highlighted by Council, and any further Council requirements pertaining to those issues are summarised below.

Works proposed

Alterations to external features and architectural elevations plans

The extent of proposed change to the exteriors is relatively limited. The area of greatest, but positive, visual change is to the verandahs with the removal of the mid twentieth century sleepouts and the restoration of the earlier form and detail of the verandahs. The architectural drawings provided with the application require more detail in critical areas likely to impact on significant aspects of the buildings. These relate particularly to the new works to external areas such as the proposed new openings in the external facades, the new entry on the north-east elevation, the extensive ramps on the north-eastern boundary of the property and the reinstatement of the verandahs on the north-east and south-west elevations. In view of the significance of the building it is recommended that greater detail be provided to Council for approval prior to commencement of works on site. A condition of consent is proposed to require the final plans for construction to be provided to Council for approval prior to commencement of works. This will include details on the ramps, verandahs and new entries.

External and internal paint finishes

The major external reinstatements will be the front fence based on early photos, and a complete planting layout for the front courtyards, Great Western Highway frontage and car park. The planting will combine screening with appropriate species used traditionally in the mountains. An external paint colour scheme has been developed for the building based on a combination of paint scrapes and reviews of early site photographs. The scheme retains the prescription of light and dark colours and their architectural elements and generally swaps a red base for the current green base. This relates to the Imperial business name, the associations with royal guests and the elaborate and rare coat of arms on the front elevation. A schedule of external materials and finishes reflecting this has been provided with the application and is generally supported. Council has however, additionally required the internal and external paint finishes to be provided for approval prior to commencement of works to ensure the finish is sympathetic to the heritage values of the building and area. This is proposed to be conditioned.

Interior design and established character.

The existing building retains some early finishes and has a relatively consistent period character, albeit eclectic in some public rooms. The final character will ‘work with’ the period layering rather than removing and installing a less authentic overall ‘newness’. This is supported by Council.

Alterations to overall internal layout – ground floor.

The general arrangement of existing internal facilities on the ground floor was considered to be functional and


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Likely impacts on the natural and built environment little change has been proposed by the applicant in terms of the existing organisation of spaces and activities. This is supported by Council.

Alterations to the existing public toilets and bathrooms – ground floor.

The public toilets and bathrooms on the ground floor retain a moderate to high level of early fittings, finishes and period character. These toilets will be restored and integrated into the new development while also incorporating improved functionality. This is supported by Council.

Alterations to the existing bedrooms – first floor.

The area of greatest change proposed is to the first floor bedrooms. The changes include upgrading the rooms to modern standards, enlarging the small rooms and rationalizing other bedroom spaces to improve the viability of the Hotel into the future. Council’s heritage consultant recommended retaining at least one original bedroom in its original form, and configuration and finishes for interpretation purposes. The owner subsequently agreed to retain rooms 5 and 8 in as close to original form and layout as practicable but with access to an ensuite bathroom. This approach is proposed to be conditioned in the consent.

New building services (water, electrical, waste, heating and cooling)

Early discussion with the applicant reinforced the need for a strategic approach to the proposed new services particularly in view of the changes to the first floor bedroom layout and the potential impact to the significant public rooms below. Council’s heritage consultant has recommended that the strategic planning of new building services such as water, electrical, waste, and heating and cooling be extended through to the site works to ensure minimal impact to significant spaces. A site diary is recommended as the appropriate vehicle for this process. This is proposed to be included as a condition of consent.

Moveable heritage components.

Moveable heritage components of the hotel such as artwork, furniture, photographs and other memorabilia have been safely stored on site during the design and development process. These items will be reinstated throughout the hotel to reinforce the heritage values and character of the place. A substantial collection of rare and significant hotel furniture from the 1920-30 period will be utilized from the existing collection within the accommodation rooms. A detailed inventory has been prepared and is within table 9.4 of the Conservation Management Plan. The assessment and proposals for the moveable heritage items are required to be included in a recommended Statement of Conservation Works via a proposed condition of consent.

Security of moveable heritage items

Since purchasing the hotel in early 2017, the owners have maintained a security alarm system and the property has been regularly patrolled by a security services firm. It is recommended that security measures be retained to protect the hotel’s moveable heritage items from damage or loss, particularly during the building works. This is the subject of a proposed condition of consent.

Access and car parking.

The early design for the carpark included sensitive design and finishes to soften the visual impact to the setting of the hotel with use of grassed and gravelled surfaces. This was considered compatible with the heritage values of the site, but from an engineering perspective and with consideration for long term wear and operation of this area of the site, this surface was not considered fit for purpose. This required a sealed surface across the top two thirds of the site to enable heavy vehicles to enter, exit and turn on the site. To enable visual continuity between this area and the heritage building, it will be conditioned that an appropriate


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Likely impacts on the natural and built environment pigment be included in the concrete finish.

Acoustic measures to original joinery.

The development application was accompanied by an acoustic report which identified the Great Western Highway as a major noise source for bedrooms. To ensure an appropriate level of internal amenity to rooms 12, 13 and 18 the proposal is to install secondary acoustic glazing which would be placed on the external façade, allowing for retention of the existing window and door joinery. The preliminary design intent of the secondary glazing is to provide a technical solution while minimising any adverse visual or heritage impacts to the building façade. This is supported by Council.

Archaeology.

The proposed works have the potential to expose some archaeological issues; external and internal to the existing buildings. The strategic location of this property at the junction of the GWH and Darling Causeway suggests that early use and potential buildings predate construction of the Imperial Hotel in 1878. The proposed excavation to the carpark at the rear may impact on potential archaeology. It is also common for concealed subfloor and roof spaces to have archaeological potential and these areas are likely to be opened up during the proposed building works. There is a need in the Conservation Management Plan (CMP) for conservation policies addressing the potential archaeology of the place. It has been conditioned that the CMP be updated to include a brief archaeological analysis together with resultant conservation policies. A condition is also proposed that requires if any heritage items are uncovered during excavations for work to stop and the objects be removed, stored and protected on site.

Documentation prior to and during works

Schedule of Conservation Works.

A detailed schedule of conservation works (SCW) is required to accompany the design documentation to provide a room-by-room and elemental specification of the proposed works. The document supports the drawings and provides the structure for the detailed instructions to the builder for each room and each element.

In view of the significance of the building the SCW is required to be provided to Council for approval prior to commencement of works, to give some certainty that it is in line with the assessment of significance and that the scope of work and changes are all identified. The building specifications and building contracts would use this schedule and extend its detail.

A condition of consent is proposed requiring a full and detailed schedule of conservation works be lodged with Council for approval prior to commencement of works on site.

Statement of Heritage Impact and Conservation Management Plan

The Statement of Heritage Impact (SHI) and the Conservation Management Plan (CMP) are required by Council to be updated as follows:

The captions on photos 1-30 of the SHI should be reviewed and wording adjusted to confirm that the work noted is to occur and is included in the project. The SCW should also address this issue in more detail. This requirement is proposed to be conditioned.

The SHI includes a detailed section in Table 7.2 addressing impact of the works. The CMP also includes a range of recommendations. The consent is proposed to be conditioned to require that the SHI include a simple tabulated analysis of the recommendations in the CMP and subsequent compliance with a cross-reference in the SHI table 7.2 to the applicable CMP policies and recommendations. The cross-referral


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Likely impacts on the natural and built environment between the CMP and SHI should also be included in the SCW. This is proposed to be conditioned.

o The SHI refers to some works under Table 7.2 that require clarification/confirmation/detailing such as potential loss of an original fireplace, additional handrail to the main stair and so forth. These types of issues will impact on the fabric and context of the place. A condition of consent is proposed requiring all issues in the SHI requiring clarification/confirmation/detailing be clarified and information lodged for approval by Council prior to commencement of works on site.

o A statement is required to confirm that all recommended Heritage Impact Matters & Responses listed on pages 39 and 40 of the SHI have been included as part of the development proposal. This is proposed to be conditioned.

o As above, it is also proposed that a condition be included that the CMP be updated to include a brief archaeological analysis together with resultant conservation policies.

Site Diary.

A site diary is required by Council as a supporting document to record discussions and decision-making during the project. The diary should be supported by minutes of meetings, emails, site photographs, before and after resolution of particular issues, and other relevant information and should be maintained by the heritage architect in co-ordination with the project architect and construction team. The requirement for a full and detailed Site Diary to be maintained throughout the project and provided to Council prior to occupation has been included as a recommended condition.

Archival Record.

The proposals include a range of changes throughout the buildings. Demolition and dismantling is also proposed. A full and complete archival record should be prepared in accordance with current NSW Office of Environment and Heritage recommendations for archival records. The archival record should be lodged with Council for approval prior to commencement of any works. This is proposed to be conditioned.

Interpretation Strategy.

The SHI provided with the application, recommends preparation of a heritage interpretation strategy following NSW Heritage Office guidelines within 6 months of DA approval. However, Council’s heritage consultant has recommended that this document be lodged with Council prior to the commencement of building works. The strategy can then be integrated into the design proposals for the external works and internal fitout without upsetting the works program, content or detail.

A condition is proposed to require that a creative and communicative heritage interpretation strategy by a suitably qualified and experienced consultant, be developed and integrated into the documentation for interior and exterior design.

Heritage Architect Input.

The success of this major project will be dependent on the degree of input from a suitably experienced heritage architect. This is essential as:

1. issues will arise quickly as the building fabric is opened up for the works,

2. the documentation is not fully complete and requires ongoing refinement as issues arise, and

3. the understanding of significance and appropriate outcomes is the realm of the heritage architect and therefore the decisions as to outcomes for change must be made with the involvement of the heritage architect. It is critical that the heritage architect is an integral member of the design and construction


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Likely impacts on the natural and built environment project team present at site meetings and signing off all works affecting the heritage values of the place.

Council’s heritage consultant has recommended that the owner nominate the heritage architect and confirm their direct involvement throughout the project to completion and occupation of the buildings. The heritage architect will be required to confirm at completion that the works have been carried out in accordance with the SCW, CMP, the SOHI and the project documentation, including the site diary. This is proposed to be required via a condition of consent.

Natural Environment

The development is a refurbishment and upgrade of the existing building and its setting, including the formalisation of the car park to increase its utility.

There is no mapped or identified environmentally sensitive land on the site and any vegetation that is being removed for the development is being replaced with more robust and appropriate plantings.

In addition to this, stormwater management measures proposed will result in an improvement in water quality leaving the site compared to pre-development.

It is considered there will be no adverse impact on the natural environment.

Likely social impacts

The refurbishment and reopening of the previously popular Imperial Hotel in Mount Victoria will have a positive social impact. It will reactivate and revitalise the streetscape, increase visitation to the village, provide employment, and generally be of benefit to the local and broader Blue Mountains community and economy. In addition to this the reopening of the Hotel will mitigate any potential for vandalism and crime in the immediate area that is currently a potential problem in this “abandoned” part of the village.

The impact on local residents from any noise emanating from the Hotel is limited through hours of operation and noise control proposed to be managed via conditions of consent.

Likely economic impacts

The reopening of the Imperial Hotel will have a positive economic impact on the immediate and broader Blue Mountains economy. It will create local employment over the longer term, increase economic activity in Mount Victoria, bring greater numbers of visitors to the Upper Blue Mountains in general and generally reactivate the village.

Suitability of the site for the development – s4.15(1)(c)

Site suitability The site is considered suitable for the proposed development for the following reasons:

• The Imperial Hotel is already on the site and the refurbishment of the hotel can only occur in this location.

• The site is in a prime position in the village being at the intersection of the


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Suitability of the site for the development – s4.15(1)(c) Great Western Highway and Station Street. The hotel’s reopening on this landmark site will reactivate social and economic activity in the village.

Submissions – s4.15(1)(d)

Notification and / or exhibition

Consultation was undertaken in accordance with the requirements of Part L (Public Participation) of the Better Living Development Control Plan and the requirements under the Environmental Planning and Assessment Regulations 2000.

Notification The application was advertised for a period of 14 days from 25 October 2017 to 8 November 2017. Notification included an advertisement in the Blue Mountains Gazette as well as written notification to adjoining and nearby properties.

Three (3) submissions were received as a result of this notification process. None of the submissions objected to the development, indeed two of them actively stated they welcomed the proposal. The following issues were raised in those submissions and a response to the issues raised is provided below:

Issue Comment

1. Noise Concern was expressed in one submission that the proposed opening hours for the bar are too long and this could impact on local residents.

The hours of opening will be restricted to those proposed by the applicant. These are:

Bar/gaming area

• Monday to Thursday 12pm to 10pm

• Friday to Saturday 10am to 12am

• Sunday 10am to 10pm

Bottle shop

• Sunday to Thursday 10am to 10pm

• Friday to Saturday 10am to 11pm

Hotel Accommodation - 24 hours.

Previous operation of the hotel for public entertainment was approved for 9am to 12 Midnight 7 days a week. The proposal reduces these hours. The hours are considered acceptable for the Imperial Hotel and no change is required to the opening hours proposed.

An acoustic report was provided with the application that recommended a heavier acoustic glazing than currently exists to the Station Street and Great Western Highway facades. This would need to take into account the heritage aspect of the existing windows. The heavier glazing will be placed within existing window frames to retain the heritage values of the Imperial Hotel. This will


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Submissions – s4.15(1)(d)

Notification and / or exhibition mitigate any excessive noise impacts to the nearest residence to the south which is approximately 35m from the hotel on the other side of the Great Western Highway.

The development has been assessed by Council’s Senior Environmental Health Officer for noise impacts. The consent includes conditions to ensure noise does not impact on nearby residences.

2. Heritage A submission from the National Trust raised the need to retain the heritage values of the hotel and for serious consideration to be given to heritage matters as the hotel is refurbished.

The protection of the Imperial Hotel’s heritage values is addressed comprehensively above and conditioned in the consent. It is considered the proposed refurbishment of the Imperial Hotel will retain the hotel’s heritage values.

3. Accessibility Concerns were raised by one submitter that not all public areas in the hotel will be accessible for persons with a disability.

The accessibility report lodged with the application notes which areas can be made accessible and which cannot. The applicant has argued that the report was a key consideration in the design stages of the refurbishment of the Imperial Hotel, and is an appropriate response to the AS1428 series, Building Code of Australia (BCA), Disability Access to Premises Standards 2010 and the Commonwealth Disability Discrimination Act (DDA). Most public areas of the hotel will be accessible to disabled members of the public. There is a dedicated disabled toilet, access ramps and railings and two of the hotel rooms have been made accessible on the ground floor.

4. Signage One submission requested the removal of unsightly signage currently on the hotel external walls

The old signs will be removed as part of the refurbishment as addressed above. New signage is required to be approved by Council prior to commencement of works.

Public interest – s4.15(1)(e)

Public interest The proposed development is considered to be in the public interest as it will restore and reopen an iconic heritage building and previously popular hotel in a prime position in Mount Victoria. This will reactivate the area and regenerate business and employment in the village.

The restoration and reopening of the Imperial Hotel is considered to have positive benefits to the built environment and the local and broader community


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Public interest – s4.15(1)(e) and economy.


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PART 3 Proposed conditions of consent General

Confirmation of relevant plans and documentation

1. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the following plans and accompanying supportive documentation, except as otherwise amended in red, provided or modified by the conditions of this consent and by final construction plans approved by the RMS.

Document Prepared by: Drawing No Issue Date

Site Plan APLUS Design Group A10.01 B 17/11/2017

Proposed Roof Plan APLUS Design Group A3.02 A 19/09/2017

Proposed First Floor Plan APLUS Design Group A3.02 B 17/11/2017

Proposed Ground Floor Plan APLUS Design Group A3.01 C 15/01/2018

NorthWest and SouthEast elevations

APLUS Design Group A4.02 A 19/09/2017

NorthEast and SouthWest elevations

APLUS Design Group A4.01 C 15/01/2018

Sections AA and BB APLUS Design Group A5.01 B 17/11/2017

Car Park Section ALUS Design Group A5.01 A 08/01/2018

Schedule of Materials and Finishes (refer to Condition 21)

APLUS Design Group A6.01 & A6.02 A 19/09/2017

Ground Floor Ceiling Plan APLUS Design Group A9.01 A 19/09/2017

Statement of Heritage Impact David Scobie Architects Pty Ltd - F 06/10/2017

Conservation Management Plan David Scobie Architects Pty Ltd 379/2017 F 04/10/2017

Heritaqe Impact Area 02 – Public Toilets

APLUS Design Group ID-1-02-02 03 18/01/2018

Stormwater Services Site Plan Insync Services SW-001 G 19/01/2018

Stormwater Report Insync Services 20170081 F 25/01/2018

Soil Erosion & Sediment Control Plan

Insync Services SW-002 D 08/12/2017

Landscape Plan Title Page and Plant Schedule (as amended in red)

Site Image Landscape Architects 000 G 25/01/2018

Landscape Plan Whole Site (as amended in red)

Site Image Landscape Architects 101 F 25/01/2018

Landscape Plan Detail (as amended in red)

Site Image Landscape Architects 102 G 25/01/2018


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Document Prepared by: Drawing No Issue Date

Acoustic Report Far West Consulting Engineers 17339 - 06/10/2017

Acoustic Treatment Detail APLUS Design Group A17035 1 12/12/2017

Waste Management Plan Elephants Foot recycling solutions - - 20/09/2017

Accessibility Report Morris-Goding Accessibility consulting

- - 20/09/2017

BCA Assessment Report Steve Watson & Partners 2017/1439 R1.1

01/09/2017

Building Code of Australia 2. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Construction certificate 3. A construction certificate is required prior to the commencement of any building works. This certificate can be issued either by Council as the consent authority or by an accredited certifier.

Occupation certificate 4. The building must not be used or occupied prior to the issue of any occupation certificate in accordance with sections 6.9 and 6.10 of the Environmental Planning and Assessment Act 1979.

City-wide Local Infrastructure Contribution

5. In accordance with the Blue Mountains City Council City-wide Local Infrastructure Contributions Plan adopted 27 June 2017 (“the Contributions Plan”), a contribution of $83,053.44 shall be paid to Council.

This amount will be adjusted* at the time of payment in accordance with Section 3.7 of the Contributions Plan.

The contribution shall be paid prior to the issue of a construction certificate, or commencement of the use of the land, whichever occurs sooner.

The Contributions Plan is available for inspection at Council’s offices or on Council’s website at www.bmcc.nsw.gov.au.

*Using the All Groups Consumer Price Index (Sydney), as published by the Australian Bureau of Statistics. You are advised to check the current amount payable with Council prior to any payment.

Roads and Maritime Services

6. The development must comply with all concurrence requirements and conditions of the Roads and Maritime Services dated 4 July 2018, attached to and forming part of this development consent.

WaterNSW 7. The development must comply with all concurrence requirements and conditions of WaterNSW, dated 11 January 2018, attached to and forming part of this development consent.


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Plans referred to in the WaterNSW concurrence shall be replaced by those approved in Condition 1 of this consent.

Approval under the Roads Act 1993

8. Before work commences in the public road, plans and specifications are to be submitted to and approved by the Council and/or Roads and Maritime Services as appropriate under the Roads Act 1993.

All works in the public road are to be at no cost to Council or Roads and Maritime Services.

Proposed Rooms 5 and 8 9. To protect the heritage values of the building, Rooms 5 and 8 shall be refurbished as close to original form and layout as practicable as per the DA drawings.

Heritage architect to be employed on site

10. A heritage architect nominated by the owner should be employed on site as an integral member of the design and construction project team.

The heritage architect should stay with the project to completion and occupation of the buildings

The heritage architect must confirm at completion that the works have been carried out in accordance with the Statement of Conservation Works, Conservation Management Plan, Statement of Heritage Impact, Site Diary and approved plans.

The role of the heritage architect is to ensure that the design intent in relation to heritage conditions and Burra Charter principles is carried out with key tasks including attendance at regular design team site meetings and input into decisions related to heritage fabric.

Site Diary 11. A full and detailed Site Diary, maintained by the heritage architect, in coordination with the project architect and construction team, shall be maintained throughout the project.

The Site Diary should include strategic planning and location of buildings services throughout the site to ensure minimal impact on significant heritage spaces.

Security of moveable heritage items

12. Security measures are to be maintained through to occupation of the building to protect the moveable heritage items from damage or loss.

Prior to the issue of a Construction Certificate

Detailed architectural plans 13. To confirm the heritage conservation commitments identified on the approved plans, architectural plans and drawings for construction, detailing all new works to the external areas are to be provided to Council’s Heritage Advisor for approval prior to issue of the construction certificate.


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Vehicle barrier and wheel stops

14. Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the carpark design includes wheel stops and/ or a suitable vehicle barrier to prevent vehicles from running over the edge of the carpark. If a barrier is required, it is to be designed by a suitably qualified and experienced structural engineer in accordance with AS1170.1:2002 and Clause 2.4.5.3 of AS2890.1:2004 Off street car parking.

Certification of carpark design

15. Prior to the issue of the Construction Certificate, the Principal Certifying Authority is to be satisfied that the carpark design complies with the requirements of AS2890.1:2004, AS2890.2:2002 (where access by service vehicles is required) and AS2890.6:2009 for accessible parking spaces. Certification by a suitably qualified and experienced traffic/ civil engineer is to be provided.

Site stormwater system

including onsite detention and water quality control devices

16. The water management system is to be in accordance with the approved plans prepared by Insync Services, including drawing SW-001 Issue G and report Revision F, subject to WaterNSW requirements. The approved plans are to be developed for construction purposes and approved by the Principal Certifying Authority prior to issue of the Construction Certificate.

Construction Traffic Management Plan

17. A Construction Traffic Management Plan (CTMP) detailing construction vehicle routes, number of trucks, hours of operation, access arrangements and traffic control shall be submitted to Council for approval prior to issue of the Construction Certificate and as required by the RMS.

The CTMP shall also include details of the management of construction and demolition waste.

Preparation of a final Landscape Plan

18. In order to provide for the conservation of the heritage fabric and enhancement of the landscape character and setting on the subject site, extensive landscape restoration is required.

A final landscape plan, planting schedule and specifications, prepared in accordance with the approved Preliminary Landscape Plans and specifications (Site Image, dated 25/1/18) inclusive of all Council annotations, shall be submitted to the Principal Certifying Authority (PCA) prior to the issue of a construction certificate.

Prior to acceptance of the final plan, the PCA is to be satisfied that the landscape proposal adequately demonstrates the manner in which the following landscape outcomes will be achieved.

At establishment the landscape planting must:

a) be comprised of the species and cultivars which are specified on the approved plans, and

b) contain only plantings which are appropriately advanced, vigorous, structurally sound and correctly installed.


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At maturity, the completed landscape must demonstrate:

c) a prominent and complex garden setting commensurate with the locality, and

d) landscape elements of a scale and type complementary to the properties heritage character and period.

Landscape implementation and maintenance

19. Following acceptance and stamping of the final plan by the PCA, all proposed landscape works are to be fully implemented.

The person who benefits from this consent is to ensure that all landscaped areas are adequately maintained for the life of the development. Plants that die or are removed are to be replaced with the same species in an equivalent stage of growth, unless remaining plantings satisfactorily achieve the identified landscape functions.

Fire safety upgrade 20. In accordance with the requirements of the clause 94 of the Environmental Planning and Assessment Regulation 2000, the following fire safety upgrade works are to be carried out.

The plans accompanying the application for a construction certificate must demonstrate compliance with the following:

a) The entire building shall be upgraded in accordance with the BCA Assessment Report prepared by Steve Watson & Partners, referenced 2017/1439 R1.1 and dated 1 September 2017.

b) The existing cool rooms and freezers shall be upgraded to comply with the requirements of G1.2 of Building Code of Australia 2016.

c) The existing electrician system within the building shall be checked by a suitably qualified electrician and certified as being as adequate and fit for purpose.

d) The underside of the stair that forms part of proposed Room 4 on the north-eastern corner of the ground floor shall be lined with fire rated plasterboard or equivalent to achieve a Fire Resistance Level of -/60/60.

(The fire safety upgrade works are to be completed prior to the issue of an occupation certificate)

Prior to Commencement of Works

Internal and External Materials and Finishes

21. To ensure that the internal and external colours and finishes preserve the heritage significance of the site, colours and finishes are to generally be in accordance the plan prepared by APLUS Design Group, A6.01 & A6.02, Revision A, dated 19/09/2017. A detailed plan and relevant samples of materials and finishes are to be provided to Council’s Heritage Advisor for approval prior to commencement of works.

This is to include the front courtyard and built landscape element s, as well as the concrete finish to the car park surface. This surface should be a colour


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sympathetic to the heritage significance of the hotel.

Schedule of Conservation Works

22. A detailed Schedule of Conservation Works (SCW) should accompany the design documentation to provide a room-by-room and elemental specification of the proposed works.

The SCW should support the drawings and provide the structure for the detailed instructions to the builder for each room and each element.

The SCW should include all recommendations in the Statement of Heritage Impact and Conservation Management Plan.

The SCW should include the assessment, policies and proposals for moveable heritage items in the hotel.

The SCW should be provided to Council’s Heritage Advisor for approval prior to commencement of works.

Statement of Heritage Impact and Conservation Management Plan

23. The Statement of Heritage Impact and Conservation Management Plan should be updated as specified below and provided to Council’s Heritage Advisor for approval prior to commencement of works.

• The captions on photos 1-30 of the Statement of Heritage Impact should be reviewed and wording adjusted to confirm that the work noted is to occur and is included in the project.

• The Statement of Heritage Table 7.2 – Impacts of the Works - should include a simple tabulated analysis of the recommendations in the Conservation Management Plan and subsequent compliance with a cross-reference to the applicable Conservation Management Plan and Policies.

• To protect the fabric and context of the Imperial Hotel all issues in the Statement of Heritage Impact requiring clarification or detailing should be finalised. This includes the window treatments to meet the recommendations of the approved Acoustic Report, and the design scheme for external lighting.

• Sympathetic alternative solutions such as for fire safety and air conditioning should be resolved and their full impacts assessed.

• A statement is required to confirm that all recommended Heritage Impact Matters & Responses listed on pages 39 and 40 of the Statement of Heritage Impact have been included as part of the development proposal.

• The Conservation Management Plan should include a brief archaeological analysis together with resultant conservation policies.

Archival record 24. A full and complete photographic archival record should be prepared in accordance with the NSW Office of Environment and Heritage recommendations for archival record utilising digital photography.

The archival record should be lodged with Council’s Heritage Advisor for approval prior to commencement of works.


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Interpretation Strategy 25. An interpretation strategy shall be developed consistent with the interpretation guidelines prepared by the current NSW Office of Environment and Heritage and integrated into the documentation for the interior and exterior design.

The Strategy should include building restoration, reinstatement of missing significant fabric, a printed brochure, web content, framed reproduction photographs and discrete external heritage interpretive panels.

Signage 26. To protect visual amenity and the heritage significance of the property, any new business identification signage proposed for the development will require separate development consent from Council.

The proposed banner sign is not approved as part of this consent.

All signage should be in accordance with the signage strategy recommended for preparation in the Conservation Management Plan (prepared by David Scobie Architects, dated 4 October 2017), and is to be in accordance with Blue Mountains Development Control Plan No.21 and State Environmental Planning Policy No 64 Advertising and Signage.

Prior to Commencement of Works in the Road Reserve

Construction in the public road

27. Prior to the commencement of works in the road reserve an onsite preconstruction meeting is to be arranged with Council’s Supervising Engineer and/ or Roads and Maritime Services as appropriate.

The person or company carrying out the works are required to have workers compensation and public liability insurance to the value of $10 million. The policy shall indemnify the Council/ RMS from all claims arising from the execution of the works. Proof of the policy is to be provided to the Council’s Supervising Engineer at the preconstruction meeting.

Inspections of the works will be required at specific stages, which will be advised at the pre-construction meeting. The applicant will be required to pay for the inspections in accordance with the Council’s Schedule of Fees and Charges.

A minimum 48 hours notice is required to book an inspection. Works are not to proceed further until that stage of the works has been approved in writing by the Roads and Maritime Services or Council’s Supervising Engineer.

Works required in the public road

28. The following engineering works shall be constructed by the applicant at the applicant’s expense: • The construction of a new heavy duty vehicular crossing at the carpark

entrance.

• Removal of any redundant layback and apron crossings, replacement with standard concrete kerb and gutter and restoration of the footpath area.

• The installation of a 375mm concrete rubber ring jointed pipe in Station Street for stormwater discharge to the existing street drainage system and


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restoration of the roadway area.

• The construction of concrete footpath paving as required along the Great Western Highway frontage of the development site.

Details are to be provided with the Roads Act application for approval.

Signage during works 29. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected in a prominent position on the site prior to building or demolition works commencing:

• The name, address and telephone number of the principal certifying authority for the work.

• The name of the principal contractor for any building work and a telephone number on which that person may be contracted outside working hours, and

• The statement that “Unauthorised entry to the site is prohibited”.

Erosion & sediment controls 30. To preserve the unique environment of the Blue Mountains and to contain soil and sediment on the property, controls in accordance with the Development Control Plan are to be implemented prior to clearing of the site vegetation and the commencement of site works. This will include:

• The installation of a sediment fence with returned ends across the low side of the site so that all water flows through. These shall be maintained at no less than 70% capacity at all times. Drains, gutters, roadways etc., shall be kept clean and free of sediment.

• To prevent the movement of soil off site, a single entry/exit point to the property shall be constructed of 40mm blue metal aggregate or recycled concrete to a depth of 150mm. The length must be at least 5 metres with the width at least 3 metres.

Soil erosion fences shall remain and must be maintained until all disturbed areas are restored by turf, paving or revegetation.

Workers amenities 31. Before work starts, toilet facilities must be provided for construction personnel on the site. Amenities are to be installed and operated in an environmentally responsible and sanitary manner.

Builder details or owner-builder permit

32. Prior to any building works commencing on the site you must provide to the Principal Certifying Authority:

a) Written advice as to the principal contractor (name, address and licence number),

During Construction/Demolition Works

Site management 33. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period:


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• Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible for safety reasons but only on the agreement of Council.

• Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site.

• Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken on the building block, with pollutants contained on site.

• Builders waste generated under this consent (including felled trees, tree stumps and other vegetation) must not be burnt or buried on site.

• All waste must be contained and removed to an approved Waste Disposal Depot or in the case of vegetation, with the exception of environmental and declared noxious weeds, mulched for re-use on site.

Aboriginal cultural heritage 34. To ensure that Aboriginal cultural heritage is not adversely affected by the proposed development, should any objects, relics or items of Aboriginal cultural significance be encountered during any phase of the works (particularly during excavation), all work must cease within a five (5) metre radius. A suitably qualified consulting Archaeologist is to be contacted to undertake a survey and assessment of the site. Contact with the Office of Environment and Heritage or the current appropriate state government agency will also be required.

Protection of Non-Aboriginal Cultural Heritage during excavation

35. To ensure that Non-Aboriginal Cultural Heritage is not adversely affected by the proposed development, should any items of heritage significance be encountered during excavation, work must stop and the items be removed and safely stored on site.

Demolition of buildings generally

36. The demolition work shall be supervised by a competent person with due regard to safe working practices and in accordance with the requirements of SafeWork NSW.

Such work is to be carried out in accordance with the Work Health and Safety Act 2011 and Regulations and AS 2601 The demolition of structures.

Development involving bonded asbestos material and friable asbestos material

37. Work involving the removal of bonded asbestos removal (of an area of more than 10 square metres) or friable asbestos must be undertaken by a person licensed to undertake such work under clause 458 of the Work Health and Safety Regulation 2017;

Notification to Council and adjoining residents of

38. The applicant is to notify Council and adjoining residents, in writing, at least ten (10) working days prior to demolition commencing, of their intention to commence

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dsubordleg%20AND%20Year%3D2011%20AND%20No%3D674&nohits=y

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dsubordleg%20AND%20Year%3D2011%20AND%20No%3D674&nohits=y


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demolition of buildings

demolition works. In the case of adjoining residents, such notification is to be a clearly written note, on at least note pad size paper, giving the date demolition will commence and be placed in the letterbox of every premises (including every residential flat or unit, if any) either side and immediately to the rear of the demolition site.

Disposal of asbestos 39. All asbestos material, including asbestos cement, is to be disposed of to an approved waste management facility licensed to receive asbestos.

Display of signage 40. The developer will display appropriate asbestos/demolition signage prior to and during demolition works.

Asbestos and other hazardous materials

41. Asbestos or any other hazardous material encountered during site or demolition works, must be dealt with in compliance with the following:

• Work Health and Safety Act 2011 • Work Health and Safety Regulation 2017 • AS 2601 The demolition of structures

• SafeWork NSW

• Protection of the Environment Operations (Waste) Regulation 2014

Limit of vegetation removal 42. No vegetation shall be damaged, destroyed or lopped without the written consent of Council, apart from that described in this consent or identified on approved plans as vegetation to be removed or felled.

Protection of vegetation 43. To ensure protection of existing site vegetation and limit site disturbance, trees and other vegetation to be retained are to be protected from damage and other detrimental impacts during site preparation and approved construction works. Areas so protected are to be regarded as exclusion zones.

Fencing of exclusion zones: High visibility and/or sturdy fencing is to be used to establish exclusion zones around retained trees and other vegetation where these occur within areas likely to be affected by construction activities and/or materials storage.

Such devices are to be positioned prior to the commencement of any site works, and are to be maintained in good order until the completion of construction activities.

Restriction of activity within exclusion zone: Within this zone, there is to be:

• No placement of temporary buildings or stockpiling of material or waste.

• No parking or movement of machinery.

• No change to the soil grade or level.

• No changes to soil aeration or hydrological capacity.

• No open cut trenching.

• No spillage, disposal or run-off of building chemicals of any description.


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Restore disturbed and degraded areas

44. All disturbed areas, earthworks and/or batters are to be stabilised and restored immediately it is possible to do so. These areas are to be topsoiled and revegetated with native or non-invasive groundcover species, turf or suitable proprietary surface binder.

Prior to the issue of an Occupation Certificate

Repair of damage 45. The applicant shall repair or reconstruct all damages caused by construction activity relating to the development as required by the Council's Supervising Engineer and/ or Roads and Maritime Services prior to release of any Occupation Certificate.

Certification by Council/ RMS

46. Prior to the issue of the Occupation Certificate, a certificate shall be obtained from Council and/or Roads and Maritime Services to verify that all works within the road reserve have been completed in accordance with the approved plans and to Council’s and/ or Roads and Maritime Services satisfaction.

Sydney Water Section 73 Certificate

Early contact is recommended

47. A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation confirming reticulated water and gravity sewer systems are available to the development.

The application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to “Water Servicing Coordinator” under “Developing Your Land” or telephone 13 20 92 for assistance.

Following the application a “Notice of Requirements” will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, as it can take some time to build water/sewer pipes and this may impact on other services and building, driveway or landscape design.

The Section 73 Certificate must be submitted to the Principal Certifying Authority prior to issue of an Occupation/Subdivision Certificate.

Vehicle barrier (if required) 48. If a vehicle barrier is required under another condition of this consent, then prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that the vehicle barrier has been installed. The installed barrier is to be certified by a suitably qualified and experienced structural engineer.

Certification of carpark construction

49. Prior to the issue of the Occupation Certificate, the Principal Certifying Authority is to be satisfied that the carpark has been constructed in accordance with the approved design. Certification by a suitably qualified and experienced traffic/ civil engineer is to be provided.

http://www.sydneywater.com.au/


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Certification – Site’s stormwater system including OSD, rainwater tank, absorption system and Water Quality Treatment – Construction

50. The on-site stormwater detention, rainwater tank, absorption/ infiltration system and water quality treatment device/s must be completed to the satisfaction of the Principal Certifying Authority prior to the issue of an occupation certificate.

The following documentation is to be submitted prior to the final inspection: • A works as executed plan prepared by a registered surveyor, • Certification by the system designer, or other suitably qualified person that

the system has been constructed in accordance with the approved plans and will function as intended,

• Any variation to the approved design is to be noted together with any required remedial works to ensure the system will function as intended.

On site detention positive

covenant including water quality treatment devices

51. To ensure the on site detention system and water quality measures are satisfactorily maintained, a covenant under Section 88E of the Conveyancing Act, 1919 shall be prepared and registered over the subject land. The terms of the 88E Instrument with positive covenant shall include, but not be limited to, the following:

a) The Proprietor of the property shall agree to be responsible for keeping clear and the maintenance of all pits, pipelines, trench barriers and other structures/devices.

b) The Proprietor shall agree to have the on site stormwater detention facilities (OSD) and water quality devices inspected annually by a competent person.

c) The Council shall have the right to enter upon the land referred to above at all reasonable times to inspect, construct, install, clean, repair and maintain in good working order all pits, pipelines, trench barriers and other structures in or upon the said land which comprise the OSD and water quality devices or which convey stormwater from the said land and recover the costs of any such works from the Proprietor.

d) The registered Proprietor shall indemnify the Council and any adjoining landowners against damage to their land arising from the failure of any component of the OSD or failure to clean, maintain and repair the OSD or water quality devices.

The applicant shall bear all costs associated in the preparation of the subject 88E Instrument. The wording of the Instrument shall be submitted to and approved by Council prior to lodgement at NSW Land and Property Information. The 88E Instrument shall also contain a provision that it may not be extinguished or altered except by Blue Mountains City Council. Proof of lodgement with NSW Land and Property Information shall be submitted to Council prior to the issue of the Occupation Certificate.

Landscape implementation -

Verification

52. Prior to the issue of any Occupation Certificate, the PCA is to obtain a written certification statement from a qualified and practicing horticulturalist or Blue Mountains Council Environmental Officer, that all landscaping works have been implemented in accordance with the Final Landscape Plan and specifications, as


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required by these development consent conditions.

The applicant must complete any works directed by the PCA or Council in order to satisfactorily achieve the landscaping requirements of these development consent conditions prior to the issue of any Occupation Certificate.

Access and mobility – verification that completed development complies

53. To ensure the completed development has been constructed to provide access and facilities for people with a disability or limited mobility in accordance with the principles of the Disability Discrimination Act 1992, a written verification shall be provided by a suitably qualified Access and Mobility Specialist.

The document shall verify that the completed development is accessible to people with a disability in accordance with the Accessibility Report, prepared by Morris-Goding Accessibility consulting, dated 20 September 2017 and the provisions of the Disability (Access to Premises – Buildings) Standards 2010.

This verification statement is to be provided to the Principal Certifying Authority prior to the issue of an Occupation Certificate.

Nothing is this condition alters any obligations imposed under the Disability Discrimination Act 1992.

Final fire safety certificate

(Prior to occupation)

Existing/proposed and critical fire safety measures

54. The essential fire safety measures referred to in the fire safety schedule issued with the construction certificate, excluding any existing measures, are to be installed within the building.

A final fire safety certificate is to be furnished by the owner of the building to the Principal Certifying Authority (PCA) prior to the issue of any occupation certificate, in respect of all essential fire safety measures specified in the above schedule.

The certificate should state that each specified essential fire safety measure has been assessed by a properly qualified person (chosen by the owner), and was found to be capable of performing to a standard not less than that specified in the schedule.

A copy of the certificate (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire & Rescue NSW by email at [email protected]. A further copy is to be prominently displayed in the building.

Advice

A person who carries out the assessment must inspect and verify the performance of each specified fire safety measure and must test the operation of each new item of equipment installed in accordance with the schedule.

Standard of Premises 55. To ensure the premises are suitable for the safe and hygienic preparation of food,

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the premises is to comply with National Food Standard 3.2.3 Food Premises and Equipment and Australian Standard AS4674.2004 “Design, Construction and Fitout of Food Premises.”

The PCA must verify that the premises is in accordance with the above standards prior to issue of the occupation certificate.

During Operation

Annual fire safety statement

Each essential fire safety measure in the building

56. Each year, within 12 months of the previous statement or after a certificate of installation has been issued for the building (whichever is applicable), the owner of the building must submit to Council an annual fire safety statement that must demonstrate that each essential fire safety measure in the building is being maintained.

A copy of the statement (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire & Rescue NSW by email at [email protected]. A further copy is to be prominently displayed in the building.

Hours of operation 57. The hours of operation of the development are limited to:

Bar/gaming area

• Monday to Thursday 12pm to 10pm

• Friday to Saturday 10am to 12am

• Sunday 10am to 10pm

Bottle shop

• Sunday to Thursday 10am to 10pm

• Friday to Saturday 10am to 11pm

Restaurant

• Monday to Sunday inclusive 6am to 10pm

Hotel Accommodation

• 24 hours 7 days.

Noise 58. To ensure the continued amenity of nearby residential properties, any noise associated with the operation of the Imperial Hotel shall not constitute offensive noise as defined by the Protection of the Environment Operations Act 1997 or any subsequent Act.

Should a justified complaint in relation to noise pollution emanating from the premises be received, an acoustical assessment is to be carried out in accordance with the requirements of the NSW Environment Protection Authority - NSW Noise Policy for Industry & NSW Officer of Liquor & Gaming and provide recommendations to mitigate the emission of offensive noise from the premises.

The report shall be prepared by an appropriately qualified acoustic consultant

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that is a member of the Association of Australian Acoustic Consultants or membership of the Australian Acoustical Society (MAAS) and shall be submitted to Council for consideration.

External lighting 59. To protect the amenity of the local area and to avoid obtrusive light spill to the surrounding properties, all external lighting including car park lighting, under awning lights, security path lights and signage, shall meet the following requirements:

a) The lights are to be ‘warm white’ in colour; and

b) The lights are to have a light output distribution sufficient to achieve the required illumination purpose while avoiding excessive light spill to the surrounding properties; and

c) Any approved illuminated signage shall be turned off no more than 30 minutes after closing time.

As a minimum level of performance, the light output distribution shall conform with the standards in Table 2.1 “Recommended maximum values of light technical parameters for the control of obtrusive light” and Table 2.2 “Maximum luminous intensity per luminaire for pre-curfew operating times”, as outlined within AS 4282 Control of the obtrusive effects of outdoor lighting.

blue mountains local planning panel item no: 2.3– 20 … · 2018-08-08 · applicant one pro blue...

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