DEVELOPMENT ASSESSMENT REPORT - DA029/16 - PROPOSED DEMOLITION & CONSTRUCTION OF A SERVICE STATION & CAFE , LOT 1 SEC 3 DP11241, LOT 1 & 2 DP514466 AND LOT 1 DP808332, 1127-1131 GREAT WESTERN HIGHWAY LITHGOW NSW 2790 1. PROPOSAL Council is in receipt of a Development Application DA029/16 from ISAAC Property Developments C/- KDC Pty Ltd for the demolition & construction of a service station and cafe on land known as Lot 1 Sec 3 DP 11241, Lot 1 & 2 DP514466 and Lot 1 DP808332, 1127-1131 Great Western Highway Lithgow NSW 2790. The site currently retains two vehicle repair station (BRD Automotive, Redding’s Motor repairs), vehicle sales or hire premises (Lean & Bennett Quality Used Cars) and it adjoins a takeaway food and drink premises being Lithgow McDonald Restaurant. The proposal includes the following: Demolition of all existing buildings, hardstand and structures with the exception

of the heritage building (Cooerwull Presbyterian Church) Construction of new service station including; a shop (GFA 216m2), fuel canopy,

8 fuel bowsers, associated underground fuel tanks and infrastructure Modifications and use of the existing heritage building (GFA 93m2) for the

purpose of a café with outdoor seating 52 carparking spaces (including 2 accessible spaces) 1 air and water parking space Construction of separate entry and exit points and deceleration lane to the site

via Great Western Highway Construction of vehicle access links with the site to the adjoining McDonalds Landscaping works Business identification signage Minor grading of the site to accommodate the appropriate levels Consolidate two northern allotments Lots 1 & 2 DP514466 Place reciprocal rights of carriageway being registered over Lot 1 Sec 3 DP11241

for between the service station/café and McDonald’s The development will be for 24 hour operations The plans below provide a layout and elevation of the proposal:

2. SUMMARY To assess and recommend determination of DA029/16, for approval subject to conditions. 3. LOCATION OF THE PROPOSAL Legal Description : Lot 1 Sec 3 DP 11241, Lot 1 & 2 DP 514466 and Lot 1 DP

808332 Property Address : 1127-1131 Great Western Highway Lithgow NSW 2790 4. ZONING: The land is zoned B4 Mixed Use under Lithgow Local Environmental Plan (LEP) 2014.

5. PERMISSIBILITY: The development of a ‘service station’, ‘Shop’ and ‘restaurant or café’, as defined below, is permissible under Lithgow Local Environmental Plan 2014, subject to development consent. service station means a building or place used for the sale by retail of fuels and lubricants for motor vehicles, whether or not the building or place is also used for any one or more of the following: (a) the ancillary sale by retail of spare parts and accessories for motor vehicles, (b) the cleaning of motor vehicles, (c) installation of accessories, (d) inspecting, repairing and servicing of motor vehicles (other than body building, panel

beating, spray painting, or chassis restoration), (e) the ancillary retail selling or hiring of general merchandise or services or both. shop means premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop, but does not include food and drink premises or restricted premises. Note. Shops are a type of retail premises—see the definition of that term in this Dictionary. restaurant or cafe means a building or place the principal purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, take away meals and drinks or entertainment are also provided. Note. Restaurants or cafes are a type of food and drink premises—see the definition of that term in this Dictionary. 5.1 POLICY IMPLICATIONS (OTHER THAN DCP’s) Policy 7.5 Notification of Development Applications This policy applies to the application as below: 5. Who will be notified under this Policy and how long is the notification period? 5.1 Except for specified types of development outlined in 6.3 below, written notice of a

development application will be given to landowners adjoining the Lithgow City Council Policy 7.5 – Notification of Development Applications land on which the development is proposed for a period of 14 calendar days. For the purposes of this policy adjoining land is land that directly abuts the subject site; shares a common boundary; or is situated directly opposite to the site where separated by a road, pathway or driveway.

Therefore the proposal was notified to adjoining and adjacent landowners and placed on display for a period of 14 days, which complies with Council’s Policy. Policy 7.7 Calling in of Development Application by Councillors This application has been called in pursuant to Policy 7.7 “Calling in of Applications by Councillors” Item 3 that states: Should written notice, signed by a minimum of one (1) Councillor, be received by the General Manager prior to determination of a development application or development application/construction certificate, the application shall not be determined under delegated authority but shall be:

Reported to the next Ordinary Meeting for the information of Council that the development application or development application/construction certificate has been “called in”; and

Reported to an Ordinary Meeting of Council for determination.

The proposal was sent to Council for information as per the first dot point on 18 April 2016. The application is to be determined another Council meeting. 5.2 FINANCIAL IMPLICATIONS (eg Section 94) Section 94A Development Contributions Plan 2015 The Section 94A plan applies to this development given it is for a service station and café at an estimated cost of $1,900,000, using the below levy: Estimated cost of development Levy applicable $200,001 and over 1%

Therefore, the following condition of consent should apply to the development if approved: Prior to the issue of a Construction Certificate the applicant shall pay to Council a

Section 94A contribution of $19,000.00, in accordance with the Lithgow City Council Section 94A Development Contribution Plan 2015. It is advised that the level of contribution in this plan may be adjusted at the time of actual payment, in accordance with the provisions of the Lithgow City Council Section 94A Development Contribution Plan 2015.

5.3 LEGAL IMPLICATIONS Local Government Act 1993 If this application is approved, the applicant must obtain a written Section 68 application for connection to Council’s water and sewerage supply. This must be lodged and approved prior to commencement of any work on site and shall be at full cost to the applicant. The Section 68 application requires the submission of all detailed engineering drawings/design, specifications and any applicably supporting information for the proposed works. All conditions of the Section 68 Approval must be complied with prior to the release of the Occupation Certificate. Environmental Planning and Assessment Act 1979 In determining a development application, a consent authority is required to take into consideration the matters of relevance under Section 79C of the Environmental Planning and Assessment Act 1979. These matters for consideration are as follows: 5.3.1 Any Environmental Planning Instruments Lithgow Local Environmental Plan 2014

LEP 2014 – Compliance Check Clause Compliance Land Use table B4 Mixed Use Yes 5.10 Heritage conservation Yes 7.1 Earthworks Yes 7.3 Stormwater management Yes 7.5 Groundwater vulnerability Yes 7.8 Development within a designated buffer area Yes 7.10 Essential Services Yes

Comment: The development is a commercial premises on the highway which will be accessible by patrons and does not detract from the role of the town core commercial precinct. The existing heritage item is to be retained and reused. The development will have minimal impact on water quality and therefore the proposal meets the objectives of the B4 Mixed Use zone. The heritage building onsite is to be retained and reused as a café with an internal fitout required. This use is consistent with the aims of heritage conservation and will promote the building in a positive way. A Heritage Impact Statement has been submitted with the application for assessment and is addressed further in this report. Any works to the building will be controlled by proposed conditions of consent if approved, to minimise any impact on the existing building. The design of adjoining buildings has included setbacks and roof lines that promote the heritage building and will be an improvement from the current buildings and uses. Earthworks are to be undertaken onsite and if completed in accordance with proposed conditions of consent will minimise erosion and sedimentation impacts and therefore comply with the LEP. Stormwater management has been assessed by Council’s Engineers and Water NSW who found that the proposal will have adequate drainage and treatment onsite in accordance with the LEP subject to proposed conditions of consent. The groundwater vulnerability has been addressed by Water NSW and compliance with other legislation will minimise any additional potential contamination to groundwater. It is noted that the site currently retains some contamination due to previous land uses of motor repairs and service station. If the proposal is approved, condition of consent will be imposed to ensure that any further groundwater impacts are minimised. The land is within the designated buffer area to the waste water treatment plant; however the proposed use is not a sensitive land use. The proposal would not be significantly impacted by the waste water treatment plant given the proposal is for a service station and café and would not affect the operational environment of the land. All essential services, being supply of; water, electricity, sewerage, stormwater and vehicle access, will be available for the site and considered adequate. The development will comply with the provisions of the LEP subject to proposed conditions of consent if approved. State Environmental Planning Policy No 33—Hazardous and Offensive Development

SEPP 33 – Compliance Check Clause Compliance Part 3 Potentially hazardous or potentially offensive development 12 Preparation of preliminary hazard analysis Yes 13 Matters for consideration by consent authorities Yes

Comment: The SEPP requires that any potentially hazardous or offensive development is to be assessed using a preliminary hazard analysis. This was undertaken for the proposal by Myros Design Pty Ltd, dated 9 November 2015, in accordance with the current circulars and guidelines.

The report states that the proposal does not meet the Australian Standards for minimum separation distances between the remote filling/dispenser points and the western site boundary. Therefore further analysis was required using a level one Preliminary Hazard Analysis in accordance with this SEPP. The Analysis finds that the overall risk to society is defined as negligible and all possible measures will be undertaken to ensure the level of risk is maintained as low as possible. This includes not providing LPG onsite at this stage. If the proposal is to comply with Appendix C of the Myros Design Pty Ltd, dated 9 November 2015, it can minimise the risk of the development. Therefore a condition will be imposed to ensure compliance with the SEPP as below: That the development incorporates all recommendations to minimise risk as per

the Multi Level Risk Assessment Report by Myros Design Pty Ltd dated 9 November 2015. Note: LPG will not be installed on the site.

State Environmental Planning Policy No 55—Remediation of Land SEPP 55 – Compliance Check

Clause Compliance 7 Contamination and remediation to be considered in

determining development application Yes

17 Guidelines and notices: all remediation work Yes Comment: The historical use of the site was a service station and motor vehicle repairs/sales. Therefore, there is a potential for contamination to exist onsite. An Environmental Site Assessment has been prepared by Parsons Brinckerhoff dated 11 November 2015 to provide a detail of the existing soil and groundwater onsite which included 15 borehole test locations across the site, with 3 below groundwater level (which were then converted to wells). As a result it was found that there were two main areas of impacted soil:

The area surrounding the former underground petrol storage infrastructure on the northern end of the site (1131 Great Western Highway);

The storage area for 200L drums of engine oil, lubricants, other specialist fluids, scrap metal and spent batteries along the southern end of the eastern boundary of the site (1127 Great Western Highway)

Although there were some exceedances during testing it was within limits so as not to cause health risks. From the overall study the following recommendations are made which will form conditions of consent if this application is approved: 1. That wells be surveyed during future development works so that groundwater

flow direction can be assessed in the future. 2. During development, impacted soil surrounding the former UPSS infrastructure

on the northern end property and from underneath the storage area along the eastern boundary of the southern end property is removed and disposed of at an appropriately licensed landfill.

3. If any additional tanks are uncovered during development, they are exhumed and disposed of appropriately and the resulting pits validated.

4. The presence of asbestos in the building onsite be assessed by an occupational hygienist prior to demolition works to ensure all asbestos containing materials (if encountered) are removed in accordance with Safe Work Australia’s How to safely remove asbestos code of practice (2011).

It is considered that the site is suitable for reuse as a service station and complies with the SEPP. State Environmental Planning Policy No 64—Advertising and signage

SEPP 64 – Compliance Check Clause Compliance 3 Aims and Objectives Yes 8 Granting of consent to signage Yes 11 Requirement for consent Yes 13 Matters for consideration Yes 17 Advertisements with display area greater

than 20 square metres or higher than 8 metres above ground

Yes 10m high pylons (there is no DCP that requires advertisement of an application)- referred to RMS for assessment

23 Freestanding advertisements Yes Schedule 1 Assessment criteria Yes

Comment: The proposed signage is compatible with the character of the area given it is for commercial uses along the highway. Examples of existing signage include McDonald’s Restaurant and Red Rooster. The signage and design will not detract from the heritage building onsite and will be consistent with the existing theme. There are no expected impacts on views or vistas of the area. The proposed signage will not obscure other advertising and will not create clutter. The size and scale of the proposed signage will be similar to the surroundings and will reduce the existing clutter on the sites. The signage correlates to the use of the site and includes illumination. The illuminated signage will be a low LUX level and will not result in unacceptable glare or impacts on the surrounding area. The signage will not provide distractions or safety issues for road users, pedestrians or obscure sightlines from public areas. The proposal has been referred to the Roads and Maritime Services for assessment and meets the requirements of the SEPP. State Environmental Planning Policy (Infrastructure) 2007

SEPP (Infrastructure) 2007 – Compliance Check Clause Part 3 Div 5 Compliance Subdivision 2 Development likely to affect an electricity transmission or distribution network 45 Determination of development applications—other

development Yes

Subdivision 2 Development in rail corridors 85 Development immediately adjacent to rail corridors Yes 86 Excavation in, above or adjacent to rail corridors Yes Subdivision 2 Development in or adjacent to road corridors and road reservations 101 Development with frontage to classified road Yes 104 Traffic generating development Yes

Comment: The proposal is within proximity to some electricity infrastructure owned by Endeavour Energy and therefore a referral to the authority was undertaken as per Clause 45 of the SEPP. Endeavour Energy’s comments have been received with no objections raised subject to conditions of consent.

The proposal is immediately adjacent to a rail corridor with Clauses 85 & 86 of the SEPP applying. Therefore, a referral to Sydney Trains (Transport NSW) was undertaken with their recommendations for the proposal raised no objections subject to conditions of consent. Lastly the development has a frontage to a classified road being the Great Western Highway with Clauses 101 & 104 of the SEPP applying. This is due to the development being a traffic generating development (service station with more than 50 carspaces on site). The application has been forwarded to the Roads and Maritime Services (RMS) for assessment in relation to safety, design, parking, efficiency of movement, tanker movement, potential congestion etc. The RMS has provided their comments with no objection to the proposal subject to conditions of consent being imposed if the application is to be approved. Therefore given the above responses the development will comply with the SEPP in relation to affects to electricity transmissions, the rail corridor and classified road. State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011

SEPP (Sydney Drinking Water Catchment) 2011 – Compliance Check Clause Compliance 10 Development consent cannot be granted unless neutral

or beneficial effect on water quality Yes

11 Development that needs concurrence of the Chief Executive

Yes

Comment: The application is required to be assessed by Water NSW given the scale of development proposed for commercial purposes. Therefore, a referral to Water NSW was undertaken in accordance with the SEPP with recommendations from Water NSW detailed further in this report. As a result of assessment by Water NSW is was found that the proposal will have a neutral or beneficial effect on water quality subject to conditions of consent being imposed. 5.3.2 Any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority Nil. 5.3.3 Any Development Control Plan Outdoor Advertising Development Control Plan Outdoor Advertising – Compliance Check Clause Compliance Part 1 Objectives Yes Part 3 Procedures Yes Part 4 Design Controls- General Yes Design Controls- Commercial No

Comment: The development application includes 2x flush wall signs (1.8 x 1.8 and 0.8 x 0.8), 1 canopy fascia sign, directional signage throughout the site and product display signage, that all comply with the provisions of the DCP.

However, there is also a proposal for 2 x freestanding business identification signs (10m height x 2m wide) or illuminated pylon signs. The DCP sets the design criteria for pylon signage in the Lithgow Local Government Area at a maximum height of 6 metres. The applicant has requested that a variation to the limit of a 6m height pylon sign be granted for the two 10m high illuminated signs, given the below justification: The site is unique in that it has frontage to a major classified road and the size

of the signage is therefore proportionate with the scale of the development and signage in this setting.

The 10 metre height of the proposed signage is compatible with the height of the buildings on the site and neighbouring McDonald’s building.

The exceedance in signage height applies to just two proposed signs and this will not have an obtrusive visual impact on the content of the whole site.

The signage is not distracting to motorists or visually dominant, they convey simple business identification logos and petrol pricing information consistent with legislative requirements for service stations.

The below plan shows the detail of the signs that require variations to the DCP:

Location of signage

Sign for service station Signage for Cafe

Given the location and type of signage, the variation to the DCP would not have any further impact to the surrounding area by way of amenity, excessive signage of the area or raise safety concerns. The signage meets the State Environmental Planning Policy No. 64 Advertising and Signage and therefore the variation could be supported for this development. A report was put to Council meeting 21 March 2016 for the variation with the following resolution:

THAT Council support a variation to the Lithgow Outdoor Advertising Development Control Plan to allow two 10 metre high illuminated pylon signs as part of DA029/15 for a service station and café development. Below is the submission of a visualisation submitted after Council’s resolution for the Roads and Maritime Services assessment:

Off Street Carparking Development Control Plan Off Street Carparking – Compliance Check Clause Compliance Part 1 Objectives Yes Part 6 Car Parking Standards Yes Part 7 Construction Standards Yes Part 8 Landscaping Yes Part 9 Design Guidelines Yes

Comment: The development proposes to provide 52 car spaces, however the car spaces are on a separate allotment to the proposed buildings. The design and landscaping is considered suitable for the site. The proposal would require the following car spaces:

Building/ Land Use Requirement Comments Total Spaces

Service Station 3 spaces per work bay plus 1 space per 2 employees

The proposal does not include work bays and only 2 employees

will be onsite at one time. 1

Refreshment rooms (including restaurants

and cafes)

1 space per 6.5m2 of GFA or 1 space per 3 seats (whichever is greater) plus queuing area for minimum 5 cares if a drive

through facility is provided

The café does not include queuing area due to no drive

through and has a GFA of 93m2 or 65 seats.

22

The proposal is supplying an extra 29 spaces which will be used as overflow parking for the McDonald’s Restaurant (which removes one existing car space for that existing development) and will allow for an improved development overall. It is considered that given the development is on a main road that the additional car parking would be warranted, however complies with the DCP.

5.3.4 Any planning agreement that has been entered into under Section 93F, or any draft planning agreement that a developer has offered to enter into under Section 93F? Nil. 5.3.5 Any matters prescribed by the Regulations that apply to the land The development has been forwarded to Council’s Building Officer for assessment under appropriate Regulations. It is considered that as a result of this assessment the development will comply with the provisions of the Regulations subject to conditions of consent. Protection of the Environment Operations (Clean Air) Regulation 2010 The regulation applies to the development through Part 4, Division 5- transfer of Petrol and Division 6- Petrol Volatility. This ensures that vapour pressure is being closely monitored, maintained at safe levels and reported when required to the appropriate authorities. Additionally, it ensures that the premises in which fuel can be purchased has the appropriate nozzles fitted with automatic overfill protection devices. The development will be required to comply with the provisions of this regulation for the ongoing operations of the service station. 5.3.6 The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality Adjoining Landuse: The surrounding area is generally for commercial use along the highway with the proposal to be consistent with the surroundings. Residential land uses occur in Caroline Avenue and Andrew Street, however these dwellings are well separated by the Great Western Highway and mature landscaping. The proposal is for a 24 hour operation which is not expected to have any additional impact on adjoining landuses. The proposal will not cause any land use conflicts and is permissible within the zone. Services: The development will have connections to electricity, telecommunication, reticulated water and reticulated sewer services and will be adequately serviced. Context and Setting: The proposed development will be located within an established commercial area and will have no major impact on the context and setting of the area. The development has been designed to complement existing features of similar development in the area and will improve the overall use of the properties. Access/ traffic: The proposal will gain access from the Great Western Highway which has been assessed by the Roads and Maritime Services who advise that no objection to the proposal is raised subject to conditions of consent being imposed if approved. The proposal is along the Highway and would be expected to have a high traffic flow in and out with the allotment containing a service station, café and connections to McDonald’s Restaurant. The carparking requirements are met with the supply of 52 spaces on one of the allotments.

However, given the carparking allotment is not to be consolidated to provide one lot for the entire proposal, the following conditions of consent suggested to protect the carparking facilities associated with the development: That an agreement between the owners of proposed consolidated lot (Lots 1 & 2

DP 514466, Service Station & Café), Lot 1 DP 808332 (McDonalds) and Lot 1 Sec 3 DP 11241 (carpark) be submitted to Council regarding parking arrangements, operation, management and maintenance of the carpark on Lot 1 Sec 3 DP 11241 for the service station, café and McDonald Restaurant, prior to issue of the a Construction Certificate.

That reciprocal Rights of Carriageway be placed over the entire Lot 1 Sec 3 DP 11241 for carparking arrangements to benefit consolidated lot (Lots 1 & 2 DP 514466, Service Station & Café), Lot 1 DP 808332 (McDonalds). The authority vested with the power to vary, release or modify the instrument shall be Lithgow City Council. This is to ensure that carparking arrangements will remain in perpetuity whilst the development is operational. The documentation regarding the Rights of Carriageway are to be approved by Council prior to registration with Land and Property Information. The registration of the Rights of Carriageway is to be completed and provided to Council prior to a Construction Certificate release.

The design of the access and carparking has allowed for safe and adequate provisions onsite for the development to be considered suitable. Heritage: The land retains a heritage item known as the Cooerwull Presbyterian Church. The proposed use of the site is similar to those previously approved and would improve the area as it remove the use of a carsales yard close to the church. The use of the building will improve as well given it will be used for a café and promote the building itself. A heritage assessment of the proposal was supplied with the following recommendations and to be incorporated into conditions of consent: Retain the external simple form visible from each side Retain external access to the majority of windows to both sides of the building to provide

for natural light and an understanding of the building internally and externally. Retain the full sense of the hall space internally, including the coffered ceiling. No divisions are to be placed directly across windows (either horizontally or vertically). If a mezzanine structure is to be inserted it should be set out from the external walls so

the full height of the windows are able to be viewed and understood. Any services for the adaptation such as toilets, kitchens etc, are to be located outside

the structure in the form of an attached pavilion or low roofed appropriate addition to the rear area.

Alternately small self-contained plug-in café facilities may be able to be accommodated in the hall if it is possible to do so without damaging original fabric.

Options to utilise the original fire place within any future adaptions should be investigated.

This proposal allows for the upgrade of the existing building to a standard that would benefit the significance of the building and is a positive conservation outcome overall. The proximity of the new buildings has been set back and roof height reduced to ensure that the heritage building is the prominent building on the site. The external wall of the new service station will be designed to ensure less impact on the heritage building given the pre-fabricated concrete wall. This will ensure that there is less impact on the building and is assessed as acceptable.

Social and Economic Impact: As the proposed development will be generally in keeping with the provisions of the planning instrument and is reasonably compatible with other similar development in the locality, it is expected to have reasonable social and economic impact. Soils: The proposed development will have no significant impact on soils subject to conditions of consent and ongoing monitoring of the soils. The site has current contamination issues; however, the use of the site for a service station and café is suitable with maintenance to be undertaken during construction. Conditions of consent will be imposed to control erosion and sedimentation impacts on the site and there will be no additional impacts on soils subject to conditions of consent. Water: The proposed development has been assessed by Water NSW as required by the State Environmental Planning Policy (Sydney Catchment Drinking Water) 2011. Water NSW has found that the development will have a neutral or beneficial effect on water quality subject to conditions of consent. Air and Microclimate: A condition of consent will be imposed requiring that dust suppression be used during construction works to minimise impacts on the surrounding area. Additionally, ongoing compliance in relation to vapour will be required with vents located at the rear of the allotment. Waste: Waste during construction will be to a licenced facility detailed in the waste management plan and as per conditions of consent if approved. The development will be connected to a reticulated sewer system. Additionally, waste receptacles will be provided onsite to ensure that general waste (i.e. food packaging) is disposed of correctly which includes a recycling area. However the following condition will be imposed to ensure a tidy and clean site is maintained: That the site be kept in a clean and tidy manner at all times. This includes all

waste to be disposed of within the appropriate waste containers and includes cleanup of the site by staff for general waste/rubbish including off site management of litter from the 70km zone of the Great Western Highway to the traffic lights to the south. A clean up schedule or waste management plan for operations is to be provided to Council for the ongoing maintenance onsite, including: schedules, site plans of receptacles, site clean-up responsibilities and responsibilities for the carparking area. This waste management plan is to be signed and agreed to by owners of the consolidated lot (Lots 1 & 2 DP 514466, Service Station & Café), Lot 1 DP 808332 (McDonalds) and Lot 1 Sec 3 DP 11241 (carpark).

Noise and Vibration: The proposal is near the Great Western Highway and Western Rail Line which have potential noise and vibration impacts on the development. However, given the proposal is for a service station and café the impact will not be disruptive. The proposal is not expected to cause any noise or vibration issues on the surrounding area with no conflicting land uses nearby.

5.3.7 The Suitability of the site for the development The surrounding land uses are for business pursuits with the size and nature of the development to be consistent with those in the surrounding area. The proposal is compatible with the objectives of the zone and is considered to have minimal impact on the surrounding amenity. Therefore, the site is considered to be suitable for the proposed development. 5.3.8 Any submissions made in accordance with this Act or the Regulations The proposal was sent to Water NSW, Roads and Maritime Services, Endeavour Energy, John Holland Rail, Council’s Heritage Advisor, Building Officer, Water & Wastewater Officer, Environmental Officer and Engineers for commenting with their recommendations as detailed below. The proposal was also sent to surrounding landowners and placed on public display in Council’s Administration Building for a period of 14 days with no submissions received. WATER NSW I refer to your letter received 3 March 2016 requesting the concurrence of Water NSW under Clause 11 of State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 (the SEPP) with a proposal for the demolition of existing structures, and construction of a service station, café and associated works. The subject property, which has been inspected by Water NSW, is located within the Warragamba catchment which forms part of Sydney’s water supply. The following documents have been considered in the assessment of the application:

a Statement of Environmental Effects prepared by KDC Pty Ltd (dated February 2016)

a Site and Floor Plan prepared by D + R Architects (dated 17 February 2016) a Water Quality Report, associated MUSIC modelling and Civil Engineering

Works Plans prepared by Henry & Hymas Consulting Engineers Pty Ltd (dated March 2016)

a Multi-Level Risk Assessment prepared by Myros Design Pty Ltd (dated 9 November 2015), and

a Baseline Environmental Site Assessment Report prepared by Parsons Brinckerhoff Australia Pty Ltd (dated 11 November 2015).

Water NSW notes that the proponent is proposing to install a SPEL Puraceptor – an oil and water separator to treat runoff from the forecourt area of the site where oily liquids are to be used. The validation reports for the performance of SPEL Puraceptor are limited and not scientifically robust. Water NSW considers that the proposed site stormwater management system including from the forecourt areas may not achieve the claimed performance for oil and water separation. Therefore Water NSW has required monitoring of the system performance for the first year of operation of the system. The Baseline Environmental Site Assessment Report prepared by Parsons Brinckerhoff Australia Pty Ltd notes potential contamination from previous land use

at the site and outlines recommendations to reduce the potential impacts. Water NSW agrees with the recommendations and has required they be implemented. These matters have been addressed in the conditions below. Based on Water NSW’s site inspection and the information provided, the proposed development has been assessed by Water NSW as being able to achieve a neutral or beneficial effect on water quality provided appropriate conditions are included in any development consent and are subsequently implemented. Water NSW would therefore concur with Council granting consent to the application subject to the following conditions being imposed: General 1. The proposed development shall be as specified in the Statement of

Environmental Effects prepared by KDC Pty Ltd (dated February 2016) and shown on the Site and Floor Plan prepared by D + R Architects (Dwg No. 15015 DA1.04M; Iss M; dated 17 February 2016), and the following conditions. No revisions to works or site layout or staging of the development that will impact on water quality, shall be permitted without the agreement of Water NSW.

Reason for Condition 1 - Water NSW has based its assessment under the State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 on this version of the development. Management of Potentially Contaminated Land 2. The management of potentially contaminated materials and the disposal of

excavated soil from the site shall be undertaken in accordance with the Conclusions and Recommendations of the Baseline Environmental Site Assessment Report (Document No. 2268318A-CLM-REP-001) prepared by Parsons Brinckerhoff Australia Pty Ltd (dated 11 November 2015).

Reason for Condition 2 – To ensure that potentially contaminated sites are appropriately managed and rehabilitated in a way that prevents a detrimental impact on water quality in the future. Forecourt Stormwater Management 3. All runoff from the site including from forecourt areas, and other areas where oily

liquids are used shall be managed as specified in the Water Quality Report (Revision 03, dated March 2016) and shown on the General Arrangement Plan (Dwg No. 15C09_DA_C100; Rev 05; dated 1 April 2016) and the Stormwater Miscellaneous Details Bioretention Details Plan (Dwg no. 15C09_DA_C201: Rev 03; dated 30 March 2016), all prepared by Henry and Hymas Consulting Engineers Pty Ltd. Treatment shall include: Stormwater pits and pipes SPEL StormSacks (or Water NSW endorsed equivalent), and an oil and water separator (SPEL Puraceptor or Water NSW endorsed

equivalent).

4. The forecourt area and any area where oily liquids are used shall employ appropriately sized bunds and capture devices so as to ensure that all runoff

from these areas is directed to the oil-water separator, and “clean” surface runoff is diverted around the forecourt.

5. The forecourt shall be covered, with the design, operation and maintenance to be consistent with the Department of Environment & Climate Change Environment Action for Service Stations – Information Sheet-3 which can be found at: http://www.epa.nsw.gov.au/resources/clm/2008552ServStations.pdf

Other Stormwater 6. All other surface runoff from the site shall be directed to three bioretention basins

located as shown on the General Arrangement Plan (Dwg No. 15C09_DA_C100; Rev 05; dated 1 April 2016) and the Stormwater Miscellaneous Details Bioretention Details Plan (Dwg no. 15C09_DA_C201: Rev 03; dated 30 March 2016), both prepared by Henry & Hymas Consulting Engineers Pty Ltd, which shall incorporate the following specific requirements: be designed consistent with the Adoption Guidelines for Stormwater

Biofiltration Systems Version 2 (Payne et al, 2015, Melbourne, CRC for Water Sensitive Cities)

be fully lined so as to prevent stormwater infiltration into the soil have a minimum combined surface area of 43.2 square metres and a

minimum combined filter area of 36 square metres incorporate litter traps at the inlets have an extended detention depth of 150 mm above the filter media have a minimum filter-media depth (excluding any transition layers) of

500 mm above the underdrain have a filter media consisting of a clean sandy loam with a certified median

particle diameter of 0.5 mm, a maximum orthophosphate concentration of 40 mg/kg and a maximum total nitrogen concentration of 400 mg/kg

be planted with appropriate deep-rooted, moisture-tolerant vegetation protected by rock mulch (grass and turf is not appropriate vegetation)

direct all discharge and overflow to Council’s stormwater drainage system be accessible from the driveway and appropriate ramps by machinery to

facilitate cleaning, monitoring and maintenance of the structures be permanently protected from vehicular damage by bollards, fences,

castellated kerbs or similar structures, with a sign to be erected to advise of its nature and purpose in water quality management, and

be protected by sediment and erosion control measures during any construction and post-construction phase until the ground surface is revegetated or stabilised.

Rainwater Collection and Re-use System 7. A rainwater collection and re-use system shall be installed for all roof runoff that

incorporates: rainwater tank with a minimum total capacity of 5,000 litres above any

volume required for mains top-up roofs and gutters designed so as to maximise the capture of rainwater in the

tank tank plumbed to toilets, and other areas for non-potable use, and rainwater tank overflow shall be directed to one of the bioretention basins.

8. No changes to stormwater treatment and management that will impact on water quality, shall be permitted without the agreement of Water NSW.

9. A suitably qualified stormwater consultant or engineer shall certify in writing to Water NSW and Council that all stormwater management structures have been installed as per these conditions of consent and are in a functional state.

Reason for Conditions 3 to 9 – To ensure appropriately designed stormwater management measures are implemented and maintained so as to achieve a sustainable neutral or beneficial impact on water quality, particularly during wet weather, over the longer term. Operational Environmental Management Plan 10. An Operational Environmental Management Plan (OEMP) for the site shall be

prepared in consultation with Water NSW by a person with knowledge and experience in the preparation of such plans, and shall be prepared prior to the issuance of occupation certificate for the site. The Plan, which may be part of a broader site operational plan, shall include, but is not limited to, the following: plans showing the location, description and detailing the nature of all

environmental and water quality management devices an inspection and maintenance program for the stormwater management and

treatment systems including stormwater pits and filters, bioretention basins, rainwater collection and reuse system, oil-water separator, the collection and disposal of oily liquids captured in the oil-separation tanks and other associated equipment

an inspection and monitoring program for groundwater and any other underground tank monitoring equipment

an inspection and monitoring program to assess the performance of the SPEL Puraceptor system for the first year of its operation

the identification of the individuals responsible for inspection and maintenance activities including reporting hierarchy

the identification of the frequency of inspection and monitoring for all environmental and water quality management devices and systems

an inspection and monitoring reporting protocol and hierarchy an emergency liquids spill management procedure which includes notification

of relevant agencies including Water NSW, and checklists for recording inspections and maintenance activities.

Reason for Condition 10 – To establish clear and appropriate management processes for water quality systems that have the potential to adversely affect environmental and water quality impacts during the operational stage of the development so as to ensure a sustainable neutral or beneficial impact on water quality over the longer term. Excavation and Construction Activities 11. Any excavation work as part of this development involving potentially

contaminated soil, such as the installation of underground fuel storage tanks shall be carried out in accordance with the EPA’s Environmental Guideline: Assessment Classification & Management of Liquid and non-Liquid Wastes (1999). Such excavation works shall also be carried out in accordance with the Sediment & Erosion Control Plan (Dwg No. 15C09_DA_SE01; Rev 2; dated 12 February 2016) and the Sediment & Erosion Control Typical Details Plan (Dwg No.

15C09_DA_SE02; Rev 2; dated 12 February 2016) both prepared by Henry & Hymas Consulting Engineers Pty Ltd and shall be to the satisfaction of Council.

12. Effective erosion and sediment controls shall be installed prior to any excavation or construction activity and shall prevent sediment or polluted water leaving the site or entering any stormwater system. The controls shall be regularly maintained and retained until the works have been completed and the ground surface has been stabilised. Specifically, the following requirements shall be implemented for any excavation and installation for underground fuel tanks on the site involving potentially contaminated soils: excavated material shall be tested for contaminants as defined by the

Department of Environment & Climate Change publication: http://www.environment.nsw.gov.au/clm/servicestation.htm. Any contaminated material shall be disposed of at a properly licensed facility as soon as possible after identification

appropriate sediment management measures around the perimeter of the construction area

a stabilised entry point for the entry and exit of machinery any temporarily stockpiled material shall be located within the construction

area and shall be underlain by plastic and covered by weighted or heavy plastic to avoid any wind or water erosion

all stormwater drains and inlet points that drain from the construction site shall be protected by appropriate sediment management measures

the sediment management measures for stormwater drains and inlet points on the site that drain from the construction site shall be checked and maintained weekly and cleaned as necessary following rainfall events

appropriate measures shall be taken to prevent the infiltration of stormwater into the subsurface soil during the excavation and construction phase at the site, and

the construction site shall be cleaned up at the end of each day.

Reason for Conditions 11 & 12 – To manage adverse environmental and water quality impacts during the construction phase of the development so as to minimise the risk of erosion, sedimentation and pollution within or from a potentially contaminated site during this phase. ENDEAVOUR ENERGY As shown in the below site plan from Endeavour Energy’s G/Net master facility model there is an easement over the site benefitting Endeavour Energy (which is shown by red hatching) for padmount substation number 560. There is existing electricity infrastructure in the vicinity of the site including overhead power lines located along the Main Street frontage of the site. Endeavour Energy has noted that the padmount substation and overhead power lines are predominantly on or adjacent to Lot 1 DP 808332 being the McDonalds which is largely unaffected by the development proposal. Please note the location of any electricity infrastructure, boundaries etc. shown on the plan is indicative only and this plan is not a ‘Dial Before You Dig’ plan under the provisions of Part 5E ‘Protection of underground electricity power lines’ of the Electricity Supply Act 1995 (NSW). Whilst Endeavour Energy has no objections to the proposed development, its recommendations and comments are as follows:

Network Capacity / Connection

Endeavour Energy has noted the following in the Statement of Environmental Effects (Page 31):

Whilst there is access available for the supply of electricity, the existing padmount substation on Lot 1 DP 808332 also supplies other customers outside of the site, meaning that adequate capacity may not be available from the existing padmount substation / low voltage network. In due course the applicant for the future proposed development of the site will need to submit an application for connection of the additional / new load via Endeavour Energy’s Network Connections Branch to carry out the final load assessment and the method of supply will be determined. Please find attached for the applicant’s reference a copy of Endeavour Energy’s Mains Design Instruction MDI 0044 ‘Easements and Property Tenure Rights’. This sets out in detail Endeavour Energy’s current / updated design and management requirements for easements related to padmount substations. Further details are available by contacting Endeavour Energy’s Network Connections Branch via Head Office enquiries on telephone: 133 718 or (02) 9853 6666 from 8am - 5:30pm.

Easement Management / Network Access

It is imperative that the access to the existing electrical infrastructure on and adjacent the site is maintained at all times. To ensure that supply electricity is available to the community, access to the electrical assets may be required at any time. o Not install or permit to be installed any services or structures within the

easement site. o Not alter the surface level of the easement site. o Not do or permit to be done anything that restricts access to the easement

site without the prior written permission of Endeavour Energy and in accordance with such conditions as Endeavour Energy may reasonably impose.

If the proposed works will encroach/affect Endeavour Energy’s easements, contact must first be made with the Endeavour Energy’s Easement Management Officer, Jeffrey Smith, on 9853 7139 or alternately Jeffrey.Smith@endeavourenergy.com.au

Public Safety

As the proposed development will involve work near electricity infrastructure, workers run the risk of receiving an electric shock and causing substantial damage to plant and equipment. I have attached Endeavour Energy’s public safety training resources, which were developed to help general public / workers to understand why you may be at risk and what you can do to work safely. The public safety training resources are also available via Endeavour Energy’s website via the following link: http://www.endeavourenergy.com.au/wps/wcm/connect/ee/nsw/nsw+homepage/communitynav/safety/safety+brochures Demolition work is to be carried out in accordance with Australian Standard AS2601: The demolition of structures (AS 2601). All electric cables or apparatus which are liable to be a source of danger, other than a cable or apparatus used for the demolition works shall be disconnected ie. the existing customer service lines will need to be isolated and/or removed during demolition. Appropriate care must be taken to not otherwise interfere with any electrical infrastructure on or in the vicinity of the site eg. street light columns, electricity cables etc.

RAILCORP (SYDNEY TRAINS) I refer to the above development application requiring RailCorp’s concurrence in accordance with clause 86(1) of the above SEPP. As of 1 July 2014 the property functions of RailCorp have been transferred to Sydney Trains. Whilst RailCorp still exists as the legal land owner of the rail corridor, its concurrence function under the above SEPP has been delegated to Sydney Trains. Sydney Trains advises that the proposed development has been assessed in accordance with the requirements of Clause 86(4) being:

a) the potential effects of the development (whether alone or cumulatively with other development or proposed development) on:

(i) the safety or structural integrity of existing or proposed rail infrastructure facilities in the rail corridor, and

(ii) the safe and effective operation of existing or proposed rail infrastructure facilities in the rail corridor, and

b) what measures are proposed, or could reasonably be taken, to avoid or minimise those potential effects.

In this regard, Sydney Trains has taken the above matters into consideration and, has decided to grant its concurrence to the development proposed in development application DA029/16 subject to Council imposing the conditions listed in Attachment A, provided in Attachment A Should Council choose not to impose the conditions in Attachment A, as written, then concurrence from Sydney Trains has not been granted to the proposed development.

In the event that this development proposal is the subject of a Land and Environment Court appeal, Council’s attention is drawn to Section 97A of the Environmental Planning and Assessment Act 1979 which requires Council to give notice of that appeal to a concurrence authority. Sydney Trains therefore requests that Council comply with this requirements should such an event occur.

Attachment A Prior to the issue of a Construction Certificate the Applicant shall submit to Sydney

Trains certification from a Geotechnical and Structural Engineer that any works involving ground penetration (ie excavation, piling/piers/footings) within 25m of the rail corridor boundary that the proposed ground penetration will have no negative impact on the structural stability of the adjoining rail corridor.

The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition had been complied with

Unless advised by Sydney Trains in writing, all excavation, shoring and piling works

within 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects.

No rock anchors/bolts are to be installed into RailCorp's property. Sydney Trains or Transport for NSW (TfNSW), and persons authorised by those entities

for the purpose of this condition, are entitled to inspect the site of the development and all structures to enable it to consider whether those structures have been or are being constructed and maintained in accordance with the approved plans and these conditions of consent, on giving reasonable notice to the principal contractor for the development or the owner or occupier of the part of the site to which access is sought.

Prior to the commencement of works, the Applicant shall peg-out the common

boundary with the rail corridor and/or rail easement to ensure that there is no encroachment. This work is to be undertaken by a registered surveyor.

Prior to the commencement of works, prior to the issue of the Occupation Certificate,

or at any time during the excavation and construction period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains.

Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis

Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

The design, installation and use of lights, signs and reflective materials, whether

permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains.

The Principal Certifying Authority is not to issue the Construction Certificate until

written confirmation has been received from Sydney Trains confirming that this

condition has been satisfied. Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan

and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

No metal ladders, tapes and plant/machinery, or conductive material are to be used

within 6 horizontal metres of any live electrical equipment. This applies to the train pantographs and 1500V catenary, contact and pull-off wires of the adjacent tracks, and to any high voltage aerial supplies within or adjacent to the rail corridor.

The Applicant is to obtain Sydney Trains endorsement prior to the installation of any

hoarding or scaffolding facing the common boundary with the rail corridor. Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney

Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

Prior to the issue of a Construction Certificate the Applicant must hold current public

liability insurance cover for a sum to be determined by Sydney Trains. This insurance shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Rail Corridor Management Group to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

Prior to the commencement of works the Applicant shall obtain Sydney Trains advice

regarding the adequacy of the existing fencing along the rail corridor to prevent access to the rail corridor during these works. Should Sydney Trains determine that fencing needs to be augmented in order to comply with this requirement then this shall be undertaken in accordance with the Sydney Trains requirements

Prior to the commencement of works appropriate fencing is to be in place along the rail

corridor to prevent unauthorised access to the rail corridor during construction. Details of the type of fencing and the method of erection of any new fencing are to be to Sydney Trains satisfaction prior to the fencing work being undertaken.

The development shall have appropriate fencing fit for the future usage of the

development site to prevent unauthorised access to the rail corridor by future occupants of the development. Prior to issuing of an Occupation Certificate the Applicant shall liaise with Sydney Trains regarding the adequacy of any existing fencing along the rail corridor boundary. Details of the type of new fencing to be installed and the method of erection are to be to Sydney Train’s satisfaction prior to the fencing work being undertaken.

There is a need to ensure that the roots and foliage of trees being planted beside the

rail corridor do not have an impact on the rail corridor. The development’s landscaping and planting plan should be submitted to Sydney Trains for review.

Drainage shall not be discharged within the rail corridor. The Applicant must provide a plan of how future maintenance of the development

along the rail corridor is to be undertaken. The maintenance plan is to be submitted to Sydney Trains prior to the issuing of a Construction Certificate. The Principal Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from Sydney Trains advising that the maintenance plan has been prepared to its satisfaction.

Prior to the issuing of an Occupation Certificate the Applicant is to submit as-built

drawings to Sydney Trains and Council. The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into Sydney Trains property or easements, unless agreed to be these authorities.

The Principal Certifying Authority is not to issue the final Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied

ROADS AND MARITIME SERVICES I refer to an email from Jessica Heath, Development Planer at Lithgow City Council on 26 May 2016 referring additional information submitted in support of DA029/16 to Roads and Maritime Services for comment. DA029/16 is for the construction of a service station, café and associated signage on land with frontage to the Great Western Highway at Lithgow. Vehicular access is proposed via separate left in and left out driveways from/to the Great Western Highway and through the adjoining McDonald’s Restaurant site and its existing driveway connection to Main Street (MR516). Following review of the amended plans, Roads and Maritime, pursuant to Section 138(2) of the Roads Act 1993, grants its concurrence subject to the following conditions. All access to the land from the Great Western Highway is to be left in/left out

only. All vehicle movements to and from the land are to be in a forward direction.

An Auxiliary Left (AUL) turn treatment generally in accordance with the

submitted plans (Drawing 15C09_DA_C300 Revision 3), Austroads Guide to Road Design and Roads and Maritime supplements is to be provided in the Great Western Highway servicing the proposed entry driveway. The AUL treatment is to be completed prior to use of the new driveway.

A formal agreement in the form of a Works Authorisation Deed (WAD) will be

required between the developer and Roads and Maritime for the developer to undertake “private financing and construction” of any works on the Great Western Highway. This agreement is necessary for works in which Roads and Maritime has a statutory interest. The WAD is to be executed prior to issuance of a Construction Certificate.

Prior to the commencement of construction works, the proponent is to contact Roads and Maritime’s Traffic Operations Manager to determine if a Road Occupancy Licence (ROL) is required. In the event that an ROL is required, the

proponent must obtain the ROL prior to works commencing within three (3) metres of the travel lanes of the Great Western Highway.

The entry and exit driveways are to be constructed generally in accordance with

the submitted plans and finished with concrete. Driveways are to be designed to provide good sight lines between pedestrians and motorists, match road levels and not interfere with road drainage.

Size “B” “Left Only” (r2-14) signs are to be erected on the subject land on each side of the exit driveway connecting to the Great Western Highway. The signs are to face the site to advise motorists that all egress from the site is left turn only.

“No Entry” (R2-4) signs are to be provided on the land at each side of the exit driveway. The signs are to face the Great Western Highway to advise motorists not to enter the site from the Great Western Highway via the exit driveway.

“No Entry” (R2-4) signs are to be erected on the land on each side of the entry

driveway. The signs are to face the site to advise motorists not to exit onto the Great Western Highway via the entry driveway.

Prior to occupation of the development, signage on the site facing the Great Western Highway and Main Street is to be installed displaying “NO FUELING OF VEHICLES OVER 12.5 METRES LONG”.

Prior to the issuance of an Occupation Certificate, redundant kerb layback crossing accesses in the Great Western Highway servicing the land, are to be removed and replaced with kerb and gutter to match existing kerb and gutter.

All entry/exit points onto/from the public road network, internal vehicular manoeuvring, parking and loading areas are to be constructed in accordance with the submitted plans prior to the issuance of an Occupation Certificate for the development.

Adequate turning circles, storage room and vertical clearance are to be provided in the site for the largest type of vehicle (19 metre articulated vehicle) that will visit the site during construction and operation. Fuel delivery vehicles are to be restricted to vehicles 19 metres or less in length.

All activities including loading and unloading of goods associated with the development are to be carried out on site in the dedicated areas.

Landscaping, signage and fencing are not to impede sight lines of traffic within

or when passing, entering or departing from the site. Safe Intersection Sight Distance (SISD) is to be provided and maintained in both directions at the intersection of the driveways with the Great Western Highway and Main Street. For a 50km/h speed zone, SISD is 97 metres and for a 70km/h speed zone SISD is 151 metres.

In accordance with Section 18 of State Environmental Planning Policy No.64 ‘Advertising and Signage’ Roads and Maritime grants its concurrence to the proposed development subject to the following condition: Signage is to be in accordance with the Department of Planning and

Environment’s Transport Corridor Outdoor Advertising and Signage Guidelines 2007, is not to flash, move or be objectionably glaring or luminous. To avoid

confusion, the applicant is to ensure illuminated signs, do not interfere with traffic control signals at the intersection of the Great Western Highway, Main Street and Caroline Avenue.

In accordance with Section 104 of State Environmental Planning Policy (Infrastructure) 2007, the following comments are made for Council’s consideration: Fuel deliveries are to be scheduled outside of service station normal trading

hours. Note: The last condition will be modified to be schedules outside peak trading hours. COUNCIL’S HERITAGE ADVISOR No comments were received from the heritage advisor from Council’s referral dated 29 February 2016. COUNCIL’S BUILDING OFFICER Application No(s):

DA029/16

Property Description(s):

Lots 1 & 2 DP 514466, Lot 1 Sec 3 DP 11241, 1127 Great Western Highway Lithgow

Summary of proposed development:

Redevelopment of various lots to provide new ‘fuel store’ & cafe and associated car park areas.

Documentation Reviewed:

Title Prepared by Reference

Architectural drawings

D & R Architects Job No 15015 DA1.01B, 1.02B, 1.03C, 1.04M, 1.05E, 1.06C, 1.07C

Site Analysis Mara Consulting 19 Feb 2016 Rev B

Landscape Design report 02

Mara Consulting 19 Feb 2016 Rev B

Landscape Plan 03 Mara Consulting 19 Feb 2016 Rev B

Landscape Plan 04 Mara Consulting 19 Feb 2016 Rev B

Landscape Plan 05 Mara Consulting 19 Feb 2016 Rev B

Points to Consider Extent of proposed work

Comments Demolition of disused service station building (BRD Automotive) & Motor Repair

Workshop (Reddings Motor Repairs) erection of new fuel bowser canopy erection of retail fuel / convenience store construct new onsite carparking areas Effect an addition & internal alterations to existing car sales office (old church) in

conjunction with proposed change-of-use to cafe.

Demolition work All demolition work to be undertaken in accordance with the relevant standards. Refer to recommended conditions in Schedule A attached

Construction site This site is a ‘gateway site’ and as such is visually prominent when viewed from the GWH

and rail corridor. Suitable perimeter fencing / hoarding / screening should be implemented to reduce the visual impact of construction activity and to address any potential dust nuisance. Site offices / amenity block(s) and storage of materials should be contained wholly within the site. Refer to Schedule A for recommended conditions.

Cafe fitout / use Food handling, preparation and storage areas are to be constructed in accordance with

the Food Act 2003, National Food Safety Standard 3.2.3 “Food Premises & Equipment” & Australian Standard AS4674-2004: Design, Construction & Fitout of Food Premises.

The reviewer has not considered the proposed design against the above requirements. It is assumed that Council’s Environmental Health Officer will provide comments and appropriate conditions in this respect. Effective disposal of sewage / waste water including the installation of grease arrestor

and backflow prevention devices will necessitate specialist plumbing & drainage works to be undertaken by a licensed plumber and accredited Backflow Plumber.

The reviewer has not considered the proposed design against the above requirements. It is assumed that Council’s Environmental Health Officer will provide comments in respect to Trade Waste requirements & Council’s Water & Wastewater Development Officer will provide comments in respect to the necessary Section 68 approvals required. Refer to Schedule A for recommended conditions relating to the inspection of any plumbing / drainage work.

Clause 94 EP & A Reg 2000 - Fire safety considerations change of use (car sales showroom /office to cafe)

The existing ‘old church’ building is to be converted to a cafe. Given the relatively small floor area involved the provision of adequate fire safety measures (e.g. complying exit doors, portable fire extinguishers / fire blanket) is readily achievable. These matters and other BCA compliance matters (including accessibility) will be addressed by the nominated PCA in conjunction with any CC application.

Recommended Conditions of Approval 1 Prior to commencing any construction works, Council is to be notified at least two

days prior of the intention to commence building works, in accordance with Section 81A(2)(c) of the Act in Form 7 of Schedule 1 of the Regulations.

2 Prior to the commencement of any works on the land, a single vehicle/plant entry/access to the site shall be provided to minimise ground disturbance and prevent the transportation of soil onto any public place. Single sized 40mm or larger aggregate placed 150mm deep, and extending from the street, kerb/road to the site is to be provided as a minimum requirement.

3 Prior to the commencement of any works on the land, a sign/s must be erected in a prominent position on the site:

a. Showing the name of the principal contractor (if any) for any building work and a telephone number on which that person can be contacted outside working hours.

b. Stating that unauthorised entry to the work site is prohibited and c. Showing the name, address and telephone number of the principle certifying

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

4 The developer will display appropriate asbestos/demolition signage prior to and during demolition works.

5 Measures shall be implemented to minimise wind erosion and dust nuisance in accordance with the requirements of the manual – “Soils and Construction” (2004) (Bluebook). All haul roads and construction areas shall be treated/regularly watered to the satisfaction of the principal certifying authority.

6 Before work starts, toilet facilities must be provided for construction personnel on the site on the basis of 1 toilet for every 20 workers. Amenities are to be installed and operated in an environmentally responsible and sanitary manner. Toilets cannot remain on site for any longer than 12 months, without the further approval of Council.

7 A copy of the stamped and approved plans, development consent and the construction certificate are to be on the site at all times.

8 Demolition works shall be carried out in accordance with the following: a. Prior to the commencement of any works on the land a detailed demolition

work plan (or waste management plan) designed in accordance with Clause 1.7.3 of AS 2601-2001 – The Demolition of Structures, prepared by a suitably qualified person with suitable expertise or experience, shall be submitted to and approved by Council and shall include the identification of any hazardous materials, method of demolition, precautions to be employed to minimise any dust nuisance, quantity and type of materials, recycling of materials and the disposal methods for materials including hazardous materials.

b. Certification from an Approved Practising Structural Engineer (if applicable) is to be submitted to Council prior to the commencement of building works if a part of a structure is to be demolished or removed. Structural certification must indication that the remainder of the building will be structurally adequate and the amenity of the adjoining/surrounding buildings and occupants will not be affected by demolition works. Structural certification is required for demolition works affecting an adjoining building/structure.

c. Prior to commencement of any works on the land, the demolition Contractor(s) licence details must be provided.

d. The handling or removal of any asbestos product from the building/site must be carried out in accordance with WorkCover provisions. A person/contractor licensed for asbestos removal must carry out all work.

e. An appropriate fence preventing public access to the site shall be erected for the duration of the demolition works.

9 Prior to the commencement of any works, a hoarding or fence must be erected

between the work site and a public place if the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or if the building involves the enclosure of a public place in

accordance with WorkCover requirements. The works site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

10 To ensure structural integrity, the maintenance of minimum health standards, the management of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are: a) Pier holes/pad footings before filling with concrete. b) Trenches complete with reinforcing and prior to filling with concrete. c) Internal drainage carried out by licensed plumber prior to covering d) Reinforcing steel in position and before concrete is poured (footings, lintels,

beams, columns, floors, walls and the like. e) Framing when external wall and roof cladding is in place and prior to internal

linings. f) External drainage (including onsite waste disposal system) installed by a licensed

plumber and prior to covering. g) Wet area flashing prior to tiling or covering. h) Stormwater drainage between building and discharge point (drainage pipes,

soakage pits and the like) prior to covering. i) Completion of the development and sign off to all conditions of the consent

including landscaping, prior to occupation and use. At each inspection, erosion and sediment control measures and site management will be inspected. Note: forty-eight (48) hours notice shall be given to Council prior to inspections.

11 To ensure compliance with Australian Standard 3500 – National Plumbing and Drainage and Council (being the Water and Sewer Authority), compliance certificates are to be issued by Council only for the following:

a) Internal drainage carried out by licensed plumber prior to covering. b) External drainage (including onsite waste disposal system) installed by a

licensed plumber and prior to covering. c) Hot and cold water plumbing installation

Note: forty-eight (48) hours notice shall be given to Council prior to inspections and inspection fees must be paid.

12 All work on site shall only occur between the following hours: Monday to Friday 7.00am to 6.00pm Saturday 8.00am to 1.00pm Sunday and public holidays No work

13 Prior to the use/occupation of the structure an Occupation Certificate must be issued by the Principal Certifying Authority (PCA). In this regard an application must be lodged with the PCA in conjunction with any request to carry out a final inspection.

14 Upon completion of the building and prior to issue of an Occupation Certificate, those essential fire safety measures services listed in any current Fire Safety Schedule must be certified by a competent person, engaged by the owner. Certification is to be submitted to the Principal Certifying Authority stating that the essential fire and other safety measures have been installed and comply with the relevant standard specified below.

Once the building is occupied, an Annual Fire Safety Statement must be submitted to Council and the NSW Fire Brigades, PO Box A249, SYDNEY SOUTH NSW 2001, and a copy retained on site certifying that: (i) The essential fire and other safety measures have been maintained and

serviced at regular intervals in accordance with the appropriate maintenance specified below and are still operable; and

(ii) That the path of travel is clear of anything which would impede free passage of any person at any time.

Advisory Notes AN 1 All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

AN 2 A construction certificate is required prior to the commencement of any site or building works. This certificate can be issued either by Council as the consent authority or by an accredited certifier.

COUNCIL’S WATER & WASTEWATER OFFICER I refer to the abovementioned development application in regards to your referral dated 29 February 2016 and provide the following comments. Please be advised of the following: The plans submitted to Council for assessment have been reviewed. Please find the following comments. There are three lots with separate sewer points of connection and 3 existing water meters located on the existing site. Proposed demolition would require the sealing off existing sanitary drainage at the points of connection for lot 1 Brads Auto and lot 1 sec 3 ( Reddings Motors ) The existing water property services for these lots will also need to be terminated at the main. There is manhole located in the footpath at the front of the development, existing lot 1 and lot 2 discharges to this MH. Reddings sewer discharges to the rear of the property to a Council main. The applicant is to be notified and made aware of a Council Cast Iron water main that is located between the footpath and existing road way kerb. This may impact on any proposed vehicular access Please find attached general design requirements in relation to the servicing requirements for water and sewerage as part of the abovementioned Development Application. The attached conditions do not constitute approval under section 68, Local Government Act 1993. Prior to the commencement of any works as described below;

Undertaking of water supply works Undertaking of sewerage works

Installation, alteration, disconnection or removal of a meter connected to a service pipe

Connect a private drain or sewer with a public drain or sewer under the control of a council or with a drain or sewer which connects with such a public drain or sewer

The developer must obtain written Section 68 approval from Council; this will be required prior to the issue of any Construction Certificate or commencement of any works. The Section 68 application requires the submission of all detailed engineering drawings/design, specifications and any applicable supporting information for the proposed works. If your Section 68 application is approved, Council will issue you with a Section 68 approval containing conditions that must be complied with during construction. Therefore, there is no objection to the proposal given the following conditions of consent:

1. The Applicant to obtain S68 Approval for water and sewer alterations prior to commencement of any works.

2. Temporary construction water services for the development and demolition

shall require a water meter and backflow protection to be registered with LCC upon connection and unregistered with LCC upon disconnection.

3. Council to disconnect water meters and water property services for lot 1

DP514466 & Lot 1 DP 11241sec 3 at the water main at owners costs 4. The applicant is to provide to Council a hydraulic services plan of proposed

sanitary plumbing and water services for the development for approval.

5. Connect to a separate property water service meter ( Master Meter) sized in accordance with the requirements of Australian Standard AS/NZ3500.1– Water Services and any upgrade in size shall be at owners costs.

6. Water meter to be purchased from Council Store at owners costs if above

25mm in size to keep uniformity of materials

7. Applicant to install backflow protection at the property boundary for containment by a licensed accredited plumber in accordance with AS/NZ 3500.Part 1

8. The customer’s licensed and backflow accredited plumber is responsible for completing the Backflow Prevention Application (required on installation of the device) and the Backflow Prevention Device Inspection and Maintenance Report (required on commissioning or testing the device) and submit to Council.

9. The applicant is to pay all costs relating to fire service connections to Councils water supply including the installation of a spring hydrant

10. Connect new sanitary drainage for the development to a single point of connection located at the front boundary and adjacent to Councils manhole located in the footpath.

11. Councils water main located in the front of the development shall be lowered to achieve required coverage for driveway access and all costs associated to alter the water main shall be at Councils costs.

COUNCIL’S ENGINEERS Concrete driveway is to be constructed in accordance with Lithgow City Council’s

“Specification for the construction of Driveways, Footpath/Gutter Crossings and Footpaving” (Policy 10.21) except where these specifications contravene the requirements of the Roads and Maritime Services. A copy is available on Council’s website, or on request from Council’s Administration.

All development to be constructed in accordance with Council’s “Guidelines for Civil Engineering Design and Construction for Development” except where these requirements contravene those of any other controlling authority. This document is available on Council’s website or upon request from Council’s administration desk.

All road, drainage, kerb and gutter, water and sewerage reticulation works associated with a development will be inspected by Council’s Operations Department. The developer shall at all times give uninterrupted access and afford every facility for the examination for any works and materials requested by the Group Manager of Operations or his authorised delegate.

A construction certificate will be required to be lodged to Council prior to the commencement of any Civil Works.

Works as Executed (WAE) Plans detailing all services and infrastructure are to be prepared by a registered surveyor or professional engineer, and submitted to Council. The WAE plans shall be lodged prior to the release of the linen plan. The applicant is required to submit three complete sets of hard copy plans (one A1-sized, two A3-sized) and one set of electronic plans in AUTOCAD format.

All stormwater drainage is the responsibility of the applicant and shall be satisfactorily disposed of into Council’s stormwater infrastructure. All stormwater infrastructure must be designed in accordance with Council’s “Guidelines for Civil Engineering Design and Construction for Development” and in compliance with the requirements of WaterNSW.

Traffic signs, traffic signals, pavement markings, guide posts, delineators, safety barriers and the like, whether permanent or temporary, are to be designed and installed at all roads in accordance with guidelines contained within the Austroads publication, “Guide to Traffic Engineering Practice – Part 8: Traffic Control Devices”, Australian Standard 1742 – Manual of Uniform Traffic Control Devices and the Roads and Traffic Authority “Road Design Guide”. All traffic control devices and signage are to be detailed in the engineering drawings submitted with the construction certificate. The consent of Lithgow City Council’s Group Manager of Operations or appointed officer will be required prior to the installation of any traffic control devices on existing roads.

A fully certified traffic control plan and road works signage will be required where machinery may obstruct traffic on any Public Road whilst construction work is being undertaken. A traffic control plan and certification of fully qualified contractors/persons will be required to be submitted to Council prior to any work commencing on the shoulder of any Public Road. Failure to comply may result in Work Cover Intervention and may also include Council stopping all work

immediately until such time the developer complies with suitable traffic management procedures.

ENVIRONMENTAL OFFICER Proposed Conditions: Demolition 1. That appropriate dust mitigation measures be implemented during demolition and

construction to Council's satisfaction. 2. Approval must be obtained from Council's Environment Department prior to the

disposal of any waste (including VENM) at any Council owned facility, 3. All concrete and bricks not reused or recycled must be pulverised to a minimum

80 mm prior to disposal. 4. All Asbestos must be handled in accordance with SafeWork NSW requirements. 5. That a Waste Management Plan based on the waste management hierarchy of

avoid, reuse, recycle and dispose is provided to Council for approval prior to the commencement of demolition/construction works outlining the following during all phases of the development: (a) the type and amount of waste/recyclable material to be generated, (b) how waste/recyclable materials will be stored and treated on-site, (c) how disposal of waste/recyclable materials will take place.

6. Approval must be obtained from Council's Environment Department prior to the disposal of any waste (including VENM) at any Council owned facility. Certification of the classification of the waste in accordance with the Environmental Guidelines: Assessment, Classification & Management of Liquid and Non-liquid Wastes.

Service Station 7. The fuel dispensing area must be sealed, covered, sloped and bunded (e.g. with

speed humps) to prevent entry of rainwater. 8. Cover all fuel dispensing area’s with a roof that has an overhang of at least 10°. 9. Provide bunding for both forecourt and install a floor with a minimum slope of 2%.

(The bunded area must drain to a collection well such as a blind sump with an appropriate capacity, in accordance with NSW Office of Water Circular No 13 (10/04/2012) or another approved device).

10. There must be no stormwater drains within the fuel dispensing area. 11. The service station forecourt drainage should comply with the EPA’s guideline on

“Surface Water Management on the Covered Forecourt Areas of Service Stations.” 12. Instillation monitoring and maintenance of UPSS must comply with the Guidelines

for Assessing Service Station Sites (EPA 1994) and the The National Environmental Protection (Assessment of Site Contamination) Measure 1999 (NEPC 2013) and any other relevant best practice guidlines.

13. Council and/or the NSW EPA must be notified of pollution events immediately upon becoming aware of the incident. It is an offence not to notify of pollution events and all staff should be made aware of this requirement.

14. All bulk liquids and chemicals to be stalled in a bunded area away from stormwater drains. The bunded area should exceed 110% of the largest container stored within the bund.

15. A copy of the Dangerous Goods Licence must be displayed at all times.

16. A spill kit should be available at all times and all staff should be trained in spills management and containment.

Food Premises 17. The proposed food premises areas are to be designed and constructed in

accordance with the Food Act 2003. In this regard, the Applicant is to provide a detailed food premises fit-out plan and specification illustrating compliance with AS 4674-2004 - Design, construction and fit-out of food premises, for Council’s approval prior to the commencement of demolition/construction activities.

Walls 18. The walls surrounding the food preparation areas shall be of solid construction. 19. The walls in the food preparation area of the premises shall be: sealed to prevent

the entry of dirt, dust and pests; unable to absorb grease, food particles or water; and able to be easily and effectively cleaned. Walls in food preparation areas shall be finished with one or a combination of the following materials: (i) Glazed tiles. (ii) Stainless or aluminium sheeting. (iii) Polyvinyl sheeting with welded seams. (iv) Laminated thermosetting plastic sheeting. (v) Similar impervious material adhered directly to the wall.

Floors 20. The flooring in the food preparation, storage and bar areas of the premises shall

be designed and constructed so that they can be effectively cleaned; be unable to absorb grease, food particles or water; be laid so that there is no ponding of water; and to the extent that is practicable, be unable to provide harborage for pests. Floors in the food preparation areas shall be finished with one or a combination of the following materials: (i) Sealed quarry tiles or ceramic tiles. (ii) Stainless steel. (iii) Polyvinyl sheeting with welded seams. (iv) Laminated thermosetting plastic sheeting. (v) Expoxy resin. (vi) Steel trowel case hardened concrete.

21. Coving of not less than 25mm in radius shall be provided to the intersections of floors with walls in the food preparation area. The coving shall be integral to the surface finish of both floor and wall in such a manner as to form a continuous uninterrupted surface.

22. The floor of the food preparation areas is to be drained to a floor waste connected to the sewer. The floor waste is to consist of a removable basket within a fixed basket arrestor and is to comply with the Sydney Water requirements.

Ceiling 23. The ceiling in food preparation areas and storage areas shall be finished with

impervious sealed material without joints, cracks and crevices. (Note: Drop-in, removable panel ceilings shall not be used in food preparation areas or over areas where open food is stored, displayed or served.)

Washing Facilities

24. A separate hand wash basin, supplied with a constant supply of warm running water through a single outlet or mixer, shall be provided in food preparation areas.

25. All hand wash basins installed within the premises, including those inside the toilets, shall be supplied with warm running water delivered through a single outlet.

26. Adequate hand wash basins shall be installed inside the food preparation areas. They shall be located no further than 5m from any place where food handlers are handling open food.

27. A liquid soap dispenser (that dispenses liquid soap) and a towel dispenser (that dispenses a single-use paper or cloth towel) shall be provided adjacent to or near each hand wash basin.

28. The wash up sink shall be supplied with hot and cold water Lighting and Light Fittings 29. Artificial lighting provided to the premises shall comply with the requirements of

AS 1680.1 and AS/NZS 1680.2.4. 30. In areas where open food is handled or stored, light fittings shall be designed

and constructed to prevent contamination of food should the globe or tube shatter and free from any features that would harbour dirt, dust or insects or make the fitting difficult to clean.

Mechanical Exhaust Ventilation System 31. Where cooking or extensive heating processes or such other processes as may

be specified are carried out in the kitchen or in food preparation areas, an approved mechanical exhaust ventilation system shall be installed and operated in accordance with AS/NZS 1668.1 - 1998 and AS 1668.2 – 2012.

32. The mechanical exhaust ventilation system shall be designed and installed in accordance with AS/NZS 1668.1 – 1998 and AS 1668.2 – 2012. A certificate (issued by a licensed mechanical ventilation contractor) stating compliance with these Australian Standards shall be submitted to Council.

33. A mechanical exhaust ventilation system that complies with the AS/NZS 1668.1-1998 and AS 1668.2-2012 shall be provided in the food preparation areas to remove the steam from the dishwasher or other washing and sanitizing equipment.

Coolroom 34. The open space between the top of the coolroom and the ceiling shall be fully

enclosed and kept insect and pest proof. 35. The coolroom must have a smooth concrete floor, which is to be sloped to the

door. A floor waste connected to the sewer must be located outside the coolroom.

36. The coolroom shall be able to be opened from the inside without a key and fitted with an alarm that can only be operated from within the coolroom.

Fixtures, Fittings and Equipment 37. All fixtures, fittings and equipment shall be constructed so as to be capable of

being easily and effectively cleaned. 38. Service pipes, conduits and electrical wiring shall either be –

(i) concealed in floors, plinths, walls or ceiling; or

(ii) fixed on brackets so as to provide at least 25mm clearance between the pipe and adjacent vertical surface and 100mm between the pipe or conduit and adjacent horizontal surfaces.

Toilet Cubicles 39. The toilet cubicles shall be – (i) separated from areas where open food is handled, displayed or stored by an

intervening ventilated space fitting with self-closing doors; or (ii) provided with self-closing doors and mechanical exhaust system that operate

when the sanitary compartment is in use and for at least 30 seconds after the cubicle is vacated.

Waste Management 40. Waste and recyclable material generated from the operations of the business

shall be managed in a satisfactory manner that does not give rise to offensive odour or encourage pest activity. Food residues, food scraps, and waste material shall be regularly removed from the premises. Waste shall not be permitted to accumulate near the allocated waste storage bins.

41. A stainless steel cleaner’s sink or a floor waste shall be provided for the disposal of waste water. The cleaner’s sink or floor waste shall be located outside of areas where open food is handled.

Pest Control 42. Practicable measures shall be taken to exclude and prevent the entry of vermin

into the food preparation area through windows and doors. Where premises are enclosed, windows shall be protected against the entry of pests by being -

i. tight-fitting and permanently fixed closed; ii. fitted with mesh screens that can be removed for cleaning; or iii. protected by a permanent mesh screen that can be cleaned in place.

43. Entrances/exits, serving hatches and similar openings to food premises shall be protected against the entry of pests by –

i. tight-fitting solid self-closing doors, roller shutters or other means of closing off the entrance; or ii. tight-fitting self-closing mesh screen doors.

44. The layout, disposition and method of installation of fixtures and fittings,

together with wall, floor, and ceiling finishes to all preparation, storage areas and cool rooms (AS4674, the Food Act 2003 and Regulations there under).

45. Premise to be registered with Council prior to opening Food Safety Supervisor 46. A food safety supervisor shall be appointed in accordance with Food Act 2003

and a copy of the Food Safety Supervisor Certificate shall be submitted to Council prior to the commencement of the food business.

Liquid Trade Waste 47. Annual Liquid Trade Waste Fees are applicable to this type of business in

accordance with Council’s current Fees & Charges 48. All sinks in the food preparation area must be fitted with fixed sink screens.

49. Floor waste’s in the food preparation areas and waste collection areas must be fitted with dry basket arrestors.

50. Food preparation activity will need to discharge to a suitable sized grease arrestor sized according to the inflow rate and instillation must comply with the requirements of AS3500 and Council’s Trade Waste Guidelines.

51. A grease arrestor shall not be located in areas where food, equipment or packaging materials are handled or stored. Access to the grease arrestor for emptying shall not be through areas where open food is handled or stored or where food contact equipment and packaging materials are handled or stored.

52. A hose cock with RPZ backflow protection valve is required to be installed within 15m of the grease arrestor to assist with maintenance / cleaning. An annual backflow test report needs to be furnished upon installation.

Recommendation Approve with the above conditions. 5.3.9 The public interest There have been no issues raised from the public regarding planning issues. 6. DISCUSSION AND CONCLUSIONS

The proposal is considered to generally comply with the relevant provisions of the applicable Environmental Planning Instruments. The proposal is not considered likely to have any significant negative impacts upon the environment or upon the amenity of the locality. As such it is recommended that development consent is issued subject to the conditions outlined below.

7. ATTACHMENTS

Schedule A- Conditions of consent.

8. RECOMMENDATION

THAT development application DA029/16 is approved subject to conditions set out in Schedule A. Report prepared by: Supervisor: Signed:……………………………………………… Signed:…………………………………………… Dated:………………………………………………. Dated:…………………………………………… Manager: Signed:………………………………………………

Dated:………………………………………………. REASONS FOR CONDITIONS The conditions in Schedule A have been imposed for the following reasons: To ensure compliance with the terms of the relevant Planning Instruments To ensure no injury is caused to the existing and likely future amenity of the

neighbourhood Due to the circumstances of the case and the public interest. To ensure that adequate road and drainage works are provided. To ensure access, parking and loading arrangements will be made to satisfy

the demands created by the development. To ensure the structural integrity of the development. To ensure the protection of the health and safety of the occupants of the

development. To protect the environment. To prevent, minimise, and/or offset adverse environmental impacts. To ensure lots are adequately serviced. To ensure there is no unacceptable impact on the water quality. To ensure adequate soil conservation and protect against movement of soil and

sediments.

Schedule A Conditions of Consent (Consent Authority) and General Terms of Approval (Integrated Approval Body) Please Note: It should be understood that this consent in no way relieves the owner or applicant from any obligation under any covenant affecting the land. ADMINISTRATIVE CONDITIONS 1. That the development be carried out in accordance with the application, Statement of

Environmental Effects, accompanying information, plans listed in the approval and any further information provided during the process unless otherwise amended by the following conditions.

2. The development, including buildings, paved areas and landscaping are to be maintained for the life of the operation. Should operations of any component of the development cease at any time an ongoing maintenance program shall be implemented.

3. That a positive covenant be placed on the title of Lot 1 Sec 3 DP 11241 to ensure a minimum of 19 car parking spaces are maintained to benefit consolidated lot (Lots 1 & 2 DP 514466, Service Station & Café). This is to ensure that car parking demand will be satisfied in perpetuity whilst the development is operational. A Reciprocal Right of Carriageway is to be placed over the vehicle access paths on Lot 1 Sec 3 DP 11241 to benefit consolidated lot (Lots 1 & 2 DP 514466, Service Station & Café) and Lot 1 DP 808332. Evidence of the creation of the positive covenant and the reciprocal Rights Of Carriageway are to be provided to Council prior to the registration with Land and Property Information. The registration of the positive covenant is to be completed and provided to Council prior to an Occupation Certificate release.

4. That the site be kept in a clean and tidy manner at all times. This includes all waste to be disposed of within the appropriate waste containers and includes cleanup of the site by staff for general waste/rubbish including off site management of litter. A clean up schedule or waste management plan for operations is to be provided to Council for the ongoing maintenance, including: schedules, site plans of receptacles, site clean-up responsibilities and responsibilities for the carparking area. This waste management plan is to be signed and agreed to by owners of the consolidated lot (Lots 1 & 2 DP 514466, Service Station & Café) and Lot 1 Sec 3 DP 11241 (carpark).

Heritage Requirements 5. That the Cooerwull Presbytery Church is to Retain the external simple form visible from each

side, with no alterations approved to the external building as part of this application.

6. That all external access to the majority of windows on both sides of the building be retained to provide for natural light and an understanding of the building internally and externally.

7. Any internal fitouts i.e. walls, changes to flooring materials, or internal features, requires separate approval from Council for the café development. This application would be for the fitout only and will require a Heritage Impact Statement in relation to the Cooerwull Presbyterian Church.

8. That the conservation works detailed in Section 5.2.1 of the Statement of Heritage Impact by Integrated Design Associates dated February 2016 be completed prior to the operation of the Café in the building.

9. That the archaeological management of the site be undertaken as per Section 5.3 of the Statement of Heritage Impact by Integrated Design Associates dated February 2016.

10. Where possible the sandstone wall near the footpath of Great Western Highway is to be retained. If required to be removed, archaeological detail and records are to be undertaken and supplied to Council.

11. Details to visually treat the western elevation of the 7/11 store is to be provided prior to Construction Certificate, that minimises the impact on the adjoining heritage item. This may include pattern work (i.e stencilling), or the like.

Building Requirements 12. Prior to commencing any construction works, Council is to be notified at least two days prior of

the intention to commence building works, in accordance with Section 81A(2)(c) of the Act in Form 7 of Schedule 1 of the Regulations.

13. Prior to the commencement of any works on the land, a single vehicle/plant entry/access to the site shall be provided to minimise ground disturbance and prevent the transportation of soil onto any public place. Single sized 40mm or larger aggregate placed 150mm deep, and extending from the street, kerb/road to the site is to be provided as a minimum requirement.

14. Prior to the commencement of any works on the land, a sign/s must be erected in a prominent position on the site: a) Showing the name of the principal contractor (if any) for any building work and a telephone

number on which that person can be contacted outside working hours. b) Stating that unauthorised entry to the work site is prohibited and c) Showing the name, address and telephone number of the principle certifying authority for

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

15. The developer will display appropriate asbestos/demolition signage prior to and during demolition works.

16. Measures shall be implemented to minimise wind erosion and dust nuisance in accordance with the requirements of the manual – “Soils and Construction” (2004) (Bluebook). All haul roads and construction areas shall be treated/regularly watered to the satisfaction of the principal certifying authority.

17. Before work starts, toilet facilities must be provided for construction personnel on the site on the basis of 1 toilet for every 20 workers. Amenities are to be installed and operated in an environmentally responsible and sanitary manner. Toilets cannot remain on site for any longer than 12 months, without the further approval of Council.

18. A copy of the stamped and approved plans, development consent and the construction certificate are to be on the site at all times.

19. Demolition works shall be carried out in accordance with the following: a) Prior to the commencement of any works on the land a detailed demolition work plan (or

waste management plan) designed in accordance with Clause 1.7.3 of AS 2601-2001 – The Demolition of Structures, prepared by a suitably qualified person with suitable expertise or experience, shall be submitted to and approved by Council and shall include the identification of any hazardous materials, method of demolition, precautions to be employed to minimise any dust nuisance, quantity and type of materials, recycling of materials and the disposal methods for materials including hazardous materials.

b) Certification from an Approved Practising Structural Engineer (if applicable) is to be submitted to Council prior to the commencement of building works if a part of a structure is to be demolished or removed. Structural certification must indication that the remainder of the building will be structurally adequate and the amenity of the adjoining/surrounding buildings and occupants will not be affected by demolition works. Structural certification is required for demolition works affecting an adjoining building/structure.

c) Prior to commencement of any works on the land, the demolition Contractor(s) licence details must be provided.

d) The handling or removal of any asbestos product from the building/site must be carried out in accordance with WorkCover provisions. A person/contractor licensed for asbestos removal must carry out all work.

e) An appropriate fence preventing public access to the site shall be erected for the duration of the demolition works.

20. Prior to the commencement of any works, a hoarding or fence must be erected between the

work site and a public place if the work involved in the development is likely to cause pedestrian or vehicular traffic in a public place to be obstructed or rendered inconvenient, or if the building involves the enclosure of a public place in accordance with WorkCover requirements. The works site must be kept lit between sunset and sunrise if it is likely to be hazardous to persons in the public place.

21. To ensure structural integrity, the maintenance of minimum health standards, the management of the buildings surrounds and the protection of the environment, compliance certificates are to be issued at significant stages throughout the construction period. These stages are: a) Pier holes/pad footings before filling with concrete. b) Trenches complete with reinforcing and prior to filling with concrete. c) Internal drainage carried out by licensed plumber prior to covering d) Reinforcing steel in position and before concrete is poured (footings, lintels, beams,

columns, floors, walls and the like. e) Framing when external wall and roof cladding is in place and prior to internal linings. f) External drainage (including onsite waste disposal system) installed by a licensed plumber

and prior to covering. g) Wet area flashing prior to tiling or covering.

h) Stormwater drainage between building and discharge point (drainage pipes, soakage pits

and the like) prior to covering. i) Completion of the development and sign off to all conditions of the consent including

landscaping, prior to occupation and use. At each inspection, erosion and sediment control measures and site management will be inspected. Note: forty-eight (48) hours notice shall be given to Council prior to inspections

22. To ensure compliance with Australian Standard 3500 – National Plumbing and Drainage and Council (being the Water and Sewer Authority), compliance certificates are to be issued by Council only for the following: a) Internal drainage carried out by licensed plumber prior to covering. b) External drainage (including onsite waste disposal system) installed by a licensed plumber

and prior to covering. c) Hot and cold water plumbing installation Note: forty-eight (48) hours notice shall be given to Council prior to inspections and inspection fees must be paid.

23. All work on site shall only occur between the following hours: Monday to Friday 7.00am to 6.00pm Saturday 8.00am to 1.00pm Sunday and public holidays No work

24. Prior to the use/occupation of the structure an Occupation Certificate must be issued by the Principal Certifying Authority (PCA). In this regard an application must be lodged with the PCA in conjunction with any request to carry out a final inspection.

25. Upon completion of the building and prior to issue of an Occupation Certificate, those essential fire safety measures services listed in any current Fire Safety Schedule must be certified by a competent person, engaged by the owner. Certification is to be submitted to the Principal Certifying Authority stating that the essential fire and other safety measures have been installed and comply with the relevant standard specified below. Once the building is occupied, an Annual Fire Safety Statement must be submitted to Council and the NSW Fire Brigades, PO Box A249, SYDNEY SOUTH NSW 2001, and a copy retained on site certifying that: (i) The essential fire and other safety measures have been maintained and serviced at regular

intervals in accordance with the appropriate maintenance specified below and are still operable; and

(ii) That the path of travel is clear of anything which would impede free passage of any person at any time.

Section 94 26. Prior to the issue of a Construction Certificate the applicant shall pay to Council a Section 94A

contribution of $19,000.00, in accordance with the Lithgow City Council Section 94A Development Contribution Plan 2015. It is advised that the level of contribution in this plan may be adjusted at the time of actual payment, in accordance with the provisions of the Lithgow City Council Section 94A Development Contribution Plan 2015.

Environmental Report Requirements 27. That the development incorporates all recommendations to minimise risk as per Multi Level Risk

Assessment report by Myros Design Pty Ltd dated 9 November 2015. Note: LPG will not be installed on the site as part of this application.

28. That monitoring wells be surveyed during future development works so that groundwater flow direction can be assessed in the future.

29. During development, impacted soil surrounding the former UPSS infrastructure on the northern end property and from underneath the storage area along the eastern boundary of the southern end property is removed and disposed of at an appropriately licensed landfill.

30. If any additional tanks are uncovered during development, they are exhumed and disposed of appropriately and the resulting pits validated, with a copy of the validation report to be supplied to Council.

31. The presence of asbestos in the building onsite be assessed by an occupational hygienist prior to demolition works to ensure all asbestos containing materials (if encountered) are removed in accordance with Safe Work Australia’s How to safely remove asbestos code of practice (2011).

Water & Wastewater Requirements 32. The applicant is to obtain Section 68 Approval for water and sewer alterations prior to

commencement of any works.

33. Temporary construction water services for the development and demolition shall require a water meter and backflow protection to be registered with Council upon connection and unregistered with Council upon disconnection.

34. Council is to be advised to disconnect water meters and water property services for lot 1 DP514466 & Lot 1 Sec 3 DP 11241 at the water main at owners costs.

35. The applicant is to provide to Council a hydraulic services plan for the proposed sanitary plumbing and water services, prior to works, for approval.

36. Connection to a separate property water service meter (Master Meter) is to be sized in accordance with the requirements of Australian Standard AS/NZ3500.1– Water Services and any upgrade in size shall be at owners costs.

37. A water meter is to be purchased from the Council Store at owner’s costs if above 25mm in size to keep uniformity of materials.

38. The applicant is to install backflow protection at the property boundary for containment by a licensed accredited plumber in accordance with AS/NZ 3500. Part 1.

39. The licensed and backflow accredited plumber is responsible for completing the Backflow Prevention Application (required on installation of the device) and the Backflow Prevention Device Inspection and Maintenance Report (required on commissioning or testing the device) which are to be submit to Council.

40. The applicant is to pay all costs relating to fire service connections to Council’s water supply including the installation of a spring hydrant.

41. Connections to a new sanitary drainage for the development are to be completed to a single point of connection located at the front boundary and adjacent to Council’s manhole located in the footpath.

42. A Council’s water main is located at the front of the development on the Great Western Highway. Any requirement of the development to alter the water main is to be discussed and agreed to by Council’s Group Manager Operations.

Environmental Requirements Demolition 43. That appropriate dust mitigation measures be implemented during demolition and construction

to Council's satisfaction.

44. Approval must be obtained from Council's Environment Department prior to the disposal of any

waste (including VENM) at any Council owned facility,

45. All concrete and bricks not reused or recycled must be pulverised to a minimum 80 mm prior to disposal.

46. All Asbestos must be handled in accordance with SafeWork NSW requirements.

47. That a Waste Management Plan based on the waste management hierarchy of avoid, reuse, recycle and dispose is provided to Council for approval prior to the commencement of demolition/construction works outlining the following during all phases of the development:

(a) the type and amount of waste/recyclable material to be generated, (b) how waste/recyclable materials will be stored and treated on-site, (c) how disposal of waste/recyclable materials will take place.

48. Approval must be obtained from Council's Environment Department prior to the disposal of any

waste (including VENM) at any Council owned facility. Certification of the classification of the waste in accordance with the Environmental Guidelines: Assessment, Classification & Management of Liquid and Non-liquid Wastes.

Service Station 49. The fuel dispensing area must be sealed, covered, sloped or bunded (e.g. with speed humps)

to prevent entry of rainwater.

50. Cover all fuel dispensing area’s with a roof that has an overhang of at least 10°.

51. Provide bunding for both forecourt and install a floor with a minimum slope of 2%.

52. There must be no stormwater drains within the fuel dispensing area.

53. The service station forecourt drainage should comply with the EPA’s guideline on “Surface Water Management on the Covered Forecourt Areas of Service Stations.”

54. Instillation monitoring and maintenance of UPSS must comply with the Guidelines for Assessing Service Station Sites (EPA 1994) and The National Environmental Protection (Assessment of Site Contamination) Measure 1999 (NEPC 2013) and any other relevant best practice guidelines.

55. Council and/or the NSW EPA must be notified of pollution events immediately upon becoming aware of the incident. It is an offence not to notify of pollution events and all staff should be made aware of this requirement.

56. All bulk liquids and chemicals to be stalled in a bunded area away from stormwater drains. The bunded area should exceed 110% of the largest container stored within the bund

57. A copy of the Dangerous Goods Licence must be displayed at all times.

58. A spill kit should be available at all times and all staff should be trained in spills management and containment.

Food Premises 59. If applicable, the proposed food premises areas are to be designed and constructed in

accordance with the Food Act 2003. In this regard, the Applicant is to provide a detailed food premises fit-out plan and specification illustrating compliance with AS 4674-2004 - Design, construction and fit-out of food premises, for the certifier’s approval prior to the commencement of demolition/construction activities.

Walls 60. If applicable, the walls surrounding the food preparation areas shall be of solid construction.

61. If applicable, the walls in the food preparation area of the premises shall be: sealed to prevent

the entry of dirt, dust and pests; unable to absorb grease, food particles or water; and able to be easily and effectively cleaned. Walls in food preparation areas shall be finished with one or a combination of the following materials:

(i) Glazed tiles. (ii) Stainless or aluminium sheeting. (iii) Polyvinyl sheeting with welded seams. (iv) Laminated thermosetting plastic sheeting. (v) Similar impervious material adhered directly to the wall.

Floors 62. If applicable, the flooring in the food preparation, storage and bar areas of the premises shall

be designed and constructed so that they can be effectively cleaned; be unable to absorb grease, food particles or water; be laid so that there is no ponding of water; and to the extent that is practicable, be unable to provide harborage for pests. Floors in the food preparation areas shall be finished with one or a combination of the following materials:

(i) Sealed quarry tiles or ceramic tiles. (ii) Stainless steel. (iii) Polyvinyl sheeting with welded seams. (iv) Laminated thermosetting plastic sheeting. (v) Expoxy resin. (vi) Steel trowel case hardened concrete.

63. If applicable, coving of not less than 25mm in radius shall be provided to the intersections of

floors with walls in the food preparation area. The coving shall be integral to the surface finish of both floor and wall in such a manner as to form a continuous uninterrupted surface.

64. If applicable, the floor of the food preparation areas is to be drained to a floor waste connected to the sewer. The floor waste is to consist of a removable basket within a fixed basket arrestor and is to comply with the Sydney Water requirements.

Ceiling 65. If applicable, the ceiling in food preparation areas and storage areas shall be finished with

impervious sealed material without joints, cracks and crevices. (Note: Drop-in, removable panel ceilings shall not be used in food preparation areas or over areas where open food is stored, displayed or served.)

Washing Facilities 66. If applicable, a separate hand wash basin, supplied with a constant supply of warm running

water through a single outlet or mixer, shall be provided in food preparation areas.

67. All hand wash basins installed within the premises, including those inside the toilets, shall be supplied with warm running water delivered through a single outlet.

68. If applicable, adequate hand wash basins shall be installed inside the food preparation areas. They shall be located no further than 5m from any place where food handlers are handling open food.

69. A liquid soap dispenser (that dispenses liquid soap) and a towel dispenser (that dispenses a single-use paper or cloth towel) shall be provided adjacent to or near each hand wash basin.

70. The wash up sink shall be supplied with hot and cold water.

Lighting and Light Fittings 71. Artificial lighting provided to the premises shall comply with the requirements of AS 1680.1 and

AS/NZS 1680.2.4.

72. In areas where open food is handled or stored, light fittings shall be designed and constructed to prevent contamination of food should the globe or tube shatter and free from any features that would harbour dirt, dust or insects or make the fitting difficult to clean.

Mechanical Exhaust Ventilation System 73. If applicable, where cooking or extensive heating processes or such other processes as may be

specified are carried out in the kitchen or in food preparation areas, an approved mechanical exhaust ventilation system shall be installed and operated in accordance with AS/NZS 1668.1 - 1998 and AS 1668.2 – 2012.

74. If applicable, the mechanical exhaust ventilation system shall be designed and installed in accordance with AS/NZS 1668.1 – 1998 and AS 1668.2 – 2012. A certificate (issued by a licensed mechanical ventilation contractor) stating compliance with these Australian Standards shall be submitted to Council.

75. If applicable, a mechanical exhaust ventilation system that complies with the AS/NZS 1668.1-1998 and AS 1668.2-2012 shall be provided in the food preparation areas to remove the steam from the dishwasher or other washing and sanitizing equipment.

Coolroom 76. The open space between the top of the coolroom and the ceiling shall be fully enclosed and

kept insect and pest proof.

77. The coolroom must have a smooth concrete floor, which is to be sloped to the door. A floor waste connected to the sewer must be located outside the coolroom.

78. The coolroom shall be able to be opened from the inside without a key and fitted with an alarm that can only be operated from within the coolroom.

Fixtures, Fittings and Equipment 79. All fixtures, fittings and equipment shall be constructed so as to be capable of being easily and

effectively cleaned. 80. Service pipes, conduits and electrical wiring shall either be –

(i) concealed in floors, plinths, walls or ceiling; or (ii) fixed on brackets so as to provide at least 25mm clearance between the pipe and adjacent

vertical surface and 100mm between the pipe or conduit and adjacent horizontal surfaces.

Toilet Cubicles 81. The toilet cubicles shall be –

(i) separated from areas where open food is handled, displayed or stored by an intervening ventilated space fitting with self-closing doors; or

(ii) provided with self-closing doors and mechanical exhaust system that operate when the sanitary compartment is in use and for at least 30 seconds after the cubicle is vacated.

Waste Management 82. Waste and recyclable material generated from the operations of the business shall be managed

in a satisfactory manner that does not give rise to offensive odour or encourage pest activity. Food residues, food scraps, and waste material shall be regularly removed from the premises. Waste shall not be permitted to accumulate near the allocated waste storage bins.

83. A stainless steel cleaner’s sink or a floor waste shall be provided for the disposal of waste water. The cleaner’s sink or floor waste shall be located outside of areas where open food is handled.

Pest Control 84. Practicable measures shall be taken to exclude and prevent the entry of vermin into the food

preparation area through windows and doors. Where premises are enclosed, windows shall be protected against the entry of pests by being - i. tight-fitting and permanently fixed closed; ii. fitted with mesh screens that can be removed for cleaning; or iii. protected by a permanent mesh screen that can be cleaned in place.

85. Entrances/exits, serving hatches and similar openings to food premises shall be protected against the entry of pests by – i. tight-fitting solid self-closing doors, roller shutters or other means of closing off the entrance;

or ii. tight-fitting self-closing mesh screen doors.

86. The layout, disposition and method of installation of fixtures and fittings, together with wall, floor, and ceiling finishes to all preparation, storage areas and cool rooms (AS4674, the Food Act 2003 and Regulations there under).

87. Premise to be registered with Council prior to opening

Food Safety Supervisor 88. If applicable, a food safety supervisor shall be appointed in accordance with Food Act 2003 and

a copy of the Food Safety Supervisor Certificate shall be submitted to Council prior to the commencement of the food business.

Liquid Trade Waste 89. Annual Liquid Trade Waste Fees are applicable to this type of business in accordance with

Council’s current Fees & Charges.

90. All sinks in the food preparation area must be fitted with fixed sink screens.

91. Floor waste’s in the food preparation areas and waste collection areas must be fitted with dry basket arrestors.

92. Food preparation activity will need to discharge to a suitable sized grease arrestor sized according to the inflow rate and instillation must comply with the requirements of AS3500 and Council’s Trade Waste Guidelines.

93. A grease arrestor shall not be located in areas where food, equipment or packaging materials are handled or stored. Access to the grease arrestor for emptying shall not be through areas where open food is handled or stored or where food contact equipment and packaging materials are handled or stored.

94. A hose cock with RPZ backflow protection valve is required to be installed within 15m of the grease arrestor to assist with maintenance / cleaning. An annual backflow test report needs to be furnished upon installation.

Engineering Requirements 95. Concrete driveway is to be constructed in accordance with Lithgow City Council’s “Specification

for the construction of Driveways, Footpath/Gutter Crossings and Footpaving” (Policy 10.21) except where these specifications contravene the requirements of the Roads and Maritime Services. A copy is available on Council’s website, or on request from Council’s Administration.  

96. All development to be constructed in accordance with Council’s “Guidelines for Civil Engineering Design and Construction for Development” except where these requirements contravene those of any other controlling authority. This document is available on Council’s website or upon request from Council’s administration desk.

97. All road, drainage, kerb and gutter, water and sewerage reticulation works associated with a development will be inspected by Council’s Operations Department. The developer shall at all times give uninterrupted access and afford every facility for the examination for any works and materials requested by the Group Manager of Operations or his authorised delegate.

98. A construction certificate will be required to be lodged to Council prior to the commencement of any Civil Works.

99. Works as Executed (WAE) Plans detailing all services and infrastructure are to be prepared by a registered surveyor or professional engineer, and submitted to Council. The WAE plans shall be lodged prior to the release of the linen plan. The applicant is required to submit three complete sets of hard copy plans (one A1-sized, two A3-sized) and one set of electronic plans in AUTOCAD format.

100. All stormwater drainage is the responsibility of the applicant and shall be satisfactorily disposed of into Council’s stormwater infrastructure. All stormwater infrastructure must be designed in accordance with Council’s “Guidelines for Civil Engineering Design and Construction for Development” and in compliance with the requirements of WaterNSW.

101. Traffic signs, traffic signals, pavement markings, guide posts, delineators, safety barriers and the like, whether permanent or temporary, are to be designed and installed at all roads in accordance with guidelines contained within the Austroads publication, “Guide to Traffic Engineering Practice – Part 8: Traffic Control Devices”, Australian Standard 1742 – Manual of Uniform Traffic Control Devices and the Roads and Traffic Authority “Road Design Guide”. All traffic control devices and signage are to be detailed in the engineering drawings submitted with the construction certificate. The consent of Lithgow City Council’s Group Manager of Operations or appointed officer will be required prior to the installation of any traffic control devices on existing roads.

102. A fully certified traffic control plan and road works signage will be required where machinery

may obstruct traffic on any Public Road whilst construction work is being undertaken. A traffic control plan and certification of fully qualified contractors/persons will be required to be submitted to Council prior to any work commencing on the shoulder of any Public Road. Failure to comply may result in Work Cover Intervention and may also include Council stopping all work immediately until such time the developer complies with suitable traffic management procedures.

ENDEAVOUR ENERGY REQUIREMENTS 103. The applicant will need to submit an application for connection of the additional / new load via

Endeavour Energy’s Network Connections Branch to carry out the final load assessment and the method of supply will be determined. Endeavour Energy’s Mains Design Instruction MDI 0044 ‘Easements and Property Tenure Rights’ documentation should be used. This sets out in detail Endeavour Energy’s current / updated design and management requirements for easements related to padmount substations. Further details are available by contacting Endeavour Energy’s Network Connections Branch via Head Office enquiries on telephone: 133 718 or (02) 9853 6666 from 8am - 5:30pm.

104. It is imperative that the access to the existing electrical infrastructure on and adjacent the site is maintained at all times. To ensure that supply electricity is available to the community, access to the electrical assets may be required at any time and therefore the developer is to: Not install or permit to be installed any services or structures within the easement site. Not alter the surface level of the easement site. Not do or permit to be done anything that restricts access to the easement site without the

prior written permission of Endeavour Energy and in accordance with such conditions as Endeavour Energy may reasonably impose.

If the proposed works will encroach/affect Endeavour Energy’s easements, contact must first be made with the Endeavour Energy’s Easement Management Officer, Jeffrey Smith, on 9853 7139 or alternately Jeffrey.Smith@endeavourenergy.com.au

105. As the proposed development will involve work near electricity infrastructure, workers run the risk of receiving an electric shock and causing substantial damage to plant and equipment. Endeavour Energy’s public safety training resources should be used, which were developed to help general public / workers to understand why you may be at risk and what you can do to work safely. The public safety training resources are available via Endeavour Energy’s website via the following link: http://www.endeavourenergy.com.au/wps/wcm/connect/ee/nsw/nsw+homepage/ communitynav/safety/safety+brochures

106. Demolition work is to be carried out in accordance with Australian Standard AS2601: The demolition of structures (AS 2601). All electric cables or apparatus which are liable to be a source of danger, other than a cable or apparatus used for the demolition works shall be disconnected i.e. the existing customer service lines will need to be isolated and/or removed during demolition. Appropriate care must be taken to not otherwise interfere with any electrical infrastructure on or in the vicinity of the site e.g. street light columns, electricity cables etc.

WATER NSW REQUIRMENTS General 107. The proposed development shall be as specified in the Statement of Environmental Effects

prepared by KDC Pty Ltd (dated February 2016) and shown on the Site and Floor Plan prepared by D + R Architects (Dwg No. 15015 DA1.04M; Iss M; dated 17 February 2016), and the following conditions. No revisions to works or site layout or staging of the development that will impact on water quality, shall be permitted without the agreement of Water NSW.

Management of Potentially Contaminated Land 108. The management of potentially contaminated materials and the disposal of excavated soil from

the site shall be undertaken in accordance with the Conclusions and Recommendations of the Baseline Environmental Site Assessment Report (Document No. 2268318A-CLM-REP-001) prepared by Parsons Brinckerhoff Australia Pty Ltd (dated 11 November 2015).

Forecourt Stormwater Management 109. All runoff from the site including from forecourt areas, and other areas where oily liquids are

used shall be managed as specified in the Water Quality Report (Revision 03, dated March 2016) and shown on the General Arrangement Plan (Dwg No. 15C09_DA_C100; Rev 05; dated 1 April 2016) and the Stormwater Miscellaneous Details Bioretention Details Plan (Dwg no. 15C09_DA_C201: Rev 03; dated 30 March 2016), all prepared by Henry and Hymas Consulting Engineers Pty Ltd. Treatment shall include: Stormwater pits and pipes SPEL StormSacks (or Water NSW endorsed equivalent), and an oil and water separator (SPEL Puraceptor or Water NSW endorsed equivalent).

110. The forecourt area and any area where oily liquids are used shall employ appropriately sized bunds and capture devices so as to ensure that all runoff from these areas is directed to the oil-water separator, and “clean” surface runoff is diverted around the forecourt.

111. The forecourt shall be covered, with the design, operation and maintenance to be consistent with the Department of Environment & Climate Change Environment Action for Service Stations – Information Sheet-3 which can be found at: http://www.epa.nsw.gov.au/resources/clm/2008552ServStations.pdf

Other Stormwater 112. All other surface runoff from the site shall be directed to three bioretention basins located as

shown on the General Arrangement Plan (Dwg No. 15C09_DA_C100; Rev 05; dated 1 April 2016) and the Stormwater Miscellaneous Details Bioretention Details Plan (Dwg no. 15C09_DA_C201: Rev 03; dated 30 March 2016), both prepared by Henry & Hymas Consulting Engineers Pty Ltd, which shall incorporate the following specific requirements: be designed consistent with the Adoption Guidelines for Stormwater Biofiltration Systems

Version 2 (Payne et al, 2015, Melbourne, CRC for Water Sensitive Cities) be fully lined so as to prevent stormwater infiltration into the soil have a minimum combined surface area of 43.2 square metres and a minimum combined

filter area of 36 square metres incorporate litter traps at the inlets have an extended detention depth of 150 mm above the filter media have a minimum filter-media depth (excluding any transition layers) of 500 mm above the

underdrain

have a filter media consisting of a clean sandy loam with a certified median particle diameter of 0.5 mm, a maximum orthophosphate concentration of 40 mg/kg and a maximum total nitrogen concentration of 400 mg/kg

be planted with appropriate deep-rooted, moisture-tolerant vegetation protected by rock mulch (grass and turf is not appropriate vegetation)

direct all discharge and overflow to Council’s stormwater drainage system be accessible from the driveway and appropriate ramps by machinery to facilitate cleaning,

monitoring and maintenance of the structures be permanently protected from vehicular damage by bollards, fences, castellated kerbs or

similar structures, with a sign to be erected to advise of its nature and purpose in water quality management, and

be protected by sediment and erosion control measures during any construction and post-construction phase until the ground surface is revegetated or stabilised.

Rainwater Collection and Re-use System 113. A rainwater collection and re-use system shall be installed for all roof runoff that incorporates:

rainwater tank with a minimum total capacity of 5,000 litres above any volume required for mains top-up

roofs and gutters designed so as to maximise the capture of rainwater in the tank tank plumbed to toilets, and other areas for non-potable use, and rainwater tank overflow shall be directed to one of the bioretention basins

114. No changes to stormwater treatment and management that will impact on water quality, shall be

permitted without the agreement of Water NSW.

115. A suitably qualified stormwater consultant or engineer shall certify in writing to Water NSW and Council that all stormwater management structures have been installed as per these conditions of consent and are in a functional state.

Operational Environmental Management Plan 116. An Operational Environmental Management Plan (OEMP) for the site shall be prepared in

consultation with Water NSW by a person with knowledge and experience in the preparation of such plans, and shall be prepared prior to the issuance of occupation certificate for the site. The Plan, which may be part of a broader site operational plan, shall include, but is not limited to, the following: plans showing the location, description and detailing the nature of all environmental and

water quality management devices an inspection and maintenance program for the stormwater management and treatment

systems including stormwater pits and filters, bioretention basins, rainwater collection and reuse system, oil-water separator, the collection and disposal of oily liquids captured in the oil-separation tanks and other associated equipment

an inspection and monitoring program for groundwater and any other underground tank monitoring equipment

an inspection and monitoring program to assess the performance of the SPEL Puraceptor system for the first year of its operation

the identification of the individuals responsible for inspection and maintenance activities including reporting hierarchy

the identification of the frequency of inspection and monitoring for all environmental and water quality management devices and systems

an inspection and monitoring reporting protocol and hierarchy an emergency liquids spill management procedure which includes notification of relevant

agencies including Water NSW, and

checklists for recording inspections and maintenance activities.

Excavation and Construction Activities 117. Any excavation work as part of this development involving potentially contaminated soil, such

as the installation of underground fuel storage tanks shall be carried out in accordance with the EPA’s Environmental Guideline: Assessment Classification & Management of Liquid and non-Liquid Wastes (1999). Such excavation works shall also be carried out in accordance with the Sediment & Erosion Control Plan (Dwg No. 15C09_DA_SE01; Rev 2; dated 12 February 2016) and the Sediment & Erosion Control Typical Details Plan (Dwg No. 15C09_DA_SE02; Rev 2; dated 12 February 2016) both prepared by Henry & Hymas Consulting Engineers Pty Ltd and shall be to the satisfaction of Council.

118. Effective erosion and sediment controls shall be installed prior to any excavation or construction activity and shall prevent sediment or polluted water leaving the site or entering any stormwater system. The controls shall be regularly maintained and retained until the works have been completed and the ground surface has been stabilised. Specifically, the following requirements shall be implemented for any excavation and installation for underground fuel tanks on the site involving potentially contaminated soils: excavated material shall be tested for contaminants as defined by the Department of

Environment & Climate Change publication: http://www.environment.nsw.gov.au/clm/servicestation.htm. Any contaminated material shall be disposed of at a properly licensed facility as soon as possible after identification

appropriate sediment management measures around the perimeter of the construction area

a stabilised entry point for the entry and exit of machinery any temporarily stockpiled material shall be located within the construction area and shall

be underlain by plastic and covered by weighted or heavy plastic to avoid any wind or water erosion

all stormwater drains and inlet points that drain from the construction site shall be protected by appropriate sediment management measures

the sediment management measures for stormwater drains and inlet points on the site that drain from the construction site shall be checked and maintained weekly and cleaned as necessary following rainfall events

appropriate measures shall be taken to prevent the infiltration of stormwater into the subsurface soil during the excavation and construction phase at the site, and

the construction site shall be cleaned up at the end of each day. SYDNEY TRAINS REQUIREMENTS 119. Prior to the issue of a Construction Certificate the Applicant shall submit to Sydney Trains

certification from a Geotechnical and Structural Engineer that any works involving ground penetration (ie excavation, piling/piers/footings) within 25m of the rail corridor boundary that the proposed ground penetration will have no negative impact on the structural stability of the adjoining rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition had been complied with

120. Unless advised by Sydney Trains in writing, all excavation, shoring and piling works within 25m of the rail corridor are to be supervised by a geotechnical engineer experienced with such excavation projects.

121. No rock anchors/bolts are to be installed into RailCorp's property.

122. Sydney Trains or Transport for NSW (TfNSW), and persons authorised by those entities for the

purpose of this condition, are entitled to inspect the site of the development and all structures to enable it to consider whether those structures have been or are being constructed and maintained in accordance with the approved plans and these conditions of consent, on giving reasonable notice to the principal contractor for the development or the owner or occupier of the part of the site to which access is sought.

123. Prior to the commencement of works, the Applicant shall peg-out the common boundary with the rail corridor and/or rail easement to ensure that there is no encroachment. This work is to be undertaken by a registered surveyor.

124. Prior to the commencement of works, prior to the issue of the Occupation Certificate, or at any time during the excavation and construction period deemed necessary by Sydney Trains, a joint inspection of the rail infrastructure and property in the vicinity of the project is to be carried out by representatives from Sydney Trains and the Applicant. These dilapidation surveys will establish the extent of any existing damage and enable any deterioration during construction to be observed. The submission of a detailed dilapidation report will be required unless otherwise notified by Sydney Trains.

125. Prior to the issue of a Construction Certificate the Applicant is to engage an Electrolysis Expert to prepare a report on the Electrolysis Risk to the development from stray currents. The Applicant must incorporate in the development all the measures recommended in the report to control that risk. A copy of the report is to be provided to the Principal Certifying Authority with the application for a Construction Certificate.

126. The design, installation and use of lights, signs and reflective materials, whether permanent or temporary, which are (or from which reflected light might be) visible from the rail corridor must limit glare and reflectivity to the satisfaction of Sydney Trains. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

127. Prior to the issue of a Construction Certificate a Risk Assessment/Management Plan and detailed Safe Work Method Statements (SWMS) for the proposed works are to be submitted to Sydney Trains for review and comment on the impacts on rail corridor. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied.

128. No metal ladders, tapes and plant/machinery, or conductive material are to be used within 6 horizontal metres of any live electrical equipment. This applies to the train pantographs and 1500V catenary, contact and pull-off wires of the adjacent tracks, and to any high voltage aerial supplies within or adjacent to the rail corridor.

129. The Applicant is to obtain Sydney Trains endorsement prior to the installation of any hoarding or scaffolding facing the common boundary with the rail corridor.

130. Prior to the issuing of a Construction Certificate the Applicant is to submit to Sydney Trains a plan showing all craneage and other aerial operations for the development and must comply with all Sydney Trains requirements. If required by Sydney Trains, the Applicant must amend the plan showing all craneage and other aerial operations to comply with all Sydney Trains requirements. The Principal Certifying Authority is not to issue the Construction Certificate until written confirmation has been received from the Sydney Trains confirming that this condition has been satisfied.

131. Prior to the issue of a Construction Certificate the Applicant must hold current public liability insurance cover for a sum to be determined by Sydney Trains. This insurance shall not contain any exclusion in relation to works on or near the rail corridor, rail infrastructure. The Applicant is to contact Sydney Trains Rail Corridor Management Group to obtain the level of insurance required for this particular proposal. Prior to issuing the Construction Certificate the Principal Certifying Authority must witness written proof of this insurance in conjunction with Sydney Trains written advice to the Applicant on the level of insurance required.

132. Prior to the commencement of works the Applicant shall obtain Sydney Trains advice regarding the adequacy of the existing fencing along the rail corridor to prevent access to the rail corridor during these works. Should Sydney Trains determine that fencing needs to be augmented in order to comply with this requirement then this shall be undertaken in accordance with the Sydney Trains requirements

133. Prior to the commencement of works appropriate fencing is to be in place along the rail corridor to prevent unauthorised access to the rail corridor during construction. Details of the type of fencing and the method of erection of any new fencing are to be to Sydney Trains satisfaction prior to the fencing work being undertaken.

134. The development shall have appropriate fencing fit for the future usage of the development site to prevent unauthorised access to the rail corridor by future occupants of the development. Prior to issuing of an Occupation Certificate the Applicant shall liaise with Sydney Trains regarding the adequacy of any existing fencing along the rail corridor boundary. Details of the type of new fencing to be installed and the method of erection are to be to Sydney Train’s satisfaction prior to the fencing work being undertaken.

135. There is a need to ensure that the roots and foliage of trees being planted beside the rail corridor do not have an impact on the rail corridor. The development’s landscaping and planting plan should be submitted to Sydney Trains for review.

136. Drainage shall not be discharged within the rail corridor.

137. The Applicant must provide a plan of how future maintenance of the development along the rail corridor is to be undertaken. The maintenance plan is to be submitted to Sydney Trains prior to the issuing of a Construction Certificate. The Principal Certifying Authority is not to issue a Construction Certificate until written confirmation has been received from Sydney Trains advising that the maintenance plan has been prepared to its satisfaction.

138. Prior to the issuing of an Occupation Certificate the Applicant is to submit as-built drawings to Sydney Trains and Council. The as-built drawings are to be endorsed by a Registered Surveyor confirming that there has been no encroachment into Sydney Trains property or easements, unless agreed to be these authorities.

The Principal Certifying Authority is not to issue the final Occupation Certificate until written confirmation has been received from Sydney Trains confirming that this condition has been satisfied

ROADS AND MARITIME SERVICES REQUIREMENTS 139. All access to the land from the Great Western Highway is to be left in/left out only. All vehicle

movements to and from the land are to be in a forward direction.

140. An Auxiliary Left (AUL) turn treatment generally in accordance with the submitted plans (Drawing 15C09_DA_C300 Revision 3), Austroads Guide to Road Design and Roads and Maritime supplements is to be provided in the Great Western Highway servicing the proposed entry driveway. The AUL treatment is to be completed prior to use of the new driveway.

141. A formal agreement in the form of a Works Authorisation Deed (WAD) will be required between the developer and Roads and Maritime for the developer to undertake “private financing and construction” of any works on the Great Western Highway. This agreement is necessary for works in which Roads and Maritime has a statutory interest. The WAD is to be executed prior to issuance of a Construction Certificate.

142. Prior to the commencement of construction works, the proponent is to contact Roads and Maritime’s Traffic Operations Manager to determine if a Road Occupancy Licence (ROL) is required. In the event that an ROL is required, the proponent must obtain the ROL prior to works commencing within three (3) metres of the travel lanes of the Great Western Highway.

143. The entry and exit driveways are to be constructed generally in accordance with the submitted plans and finished with concrete. Driveways are to be designed to provide good sight lines between pedestrians and motorists, match road levels and not interfere with road drainage.

144. Size “B” “Left Only” (r2-14) signs are to be erected on the subject land on each side of the exit driveway connecting to the Great Western Highway. The signs are to face the site to advise motorists that all egress from the site is left turn only.

145. “No Entry” (R2-4) signs are to be provided on the land at each side of the exit driveway. The signs are to face the Great Western Highway to advise motorists not to enter the site from the Great Western Highway via the exit driveway.

146. “No Entry” (R2-4) signs are to be erected on the land on each side of the entry driveway. The signs are to face the site to advise motorists not to exit onto the Great Western Highway via the entry driveway.

147. Prior to occupation of the development, signage on the site facing the Great Western Highway and Main Street is to be installed displaying “NO FUELING OF VEHICLES OVER 12.5 METRES LONG”.

148. Prior to the issuance of an Occupation Certificate, redundant kerb layback crossing accesses in the Great Western Highway servicing the land, are to be removed and replaced with kerb and gutter to match existing kerb and gutter.

149. All entry/exit points onto/from the public road network, internal vehicular manoeuvring, parking and loading areas are to be constructed in accordance with the submitted plans prior to the issuance of an Occupation Certificate for the development.

150. Adequate turning circles, storage room and vertical clearance are to be provided in the site for the largest type of vehicle (19 metre articulated vehicle) that will visit the site during construction and operation. Fuel delivery vehicles are to be restricted to vehicles 19 metres or less in length.

151. All activities including loading and unloading of goods associated with the development are to be carried out on site in the dedicated areas.

152. Landscaping, signage and fencing are not to impede sight lines of traffic within or when passing, entering or departing from the site. Safe Intersection Sight Distance (SISD) is to be provided and maintained in both directions at the intersection of the driveways with the Great Western Highway and Main Street. For a 50km/h speed zone, SISD is 97 metres and for a 70km/h speed zone SISD is 151 metres.

153. Signage is to be in accordance with the Department of Planning and Environment’s Transport Corridor Outdoor Advertising and Signage Guidelines 2007, is not to flash, move or be objectionably glaring or luminous. To avoid confusion, the applicant is to ensure illuminated signs, do not interfere with traffic control signals at the intersection of the Great Western Highway, Main Street and Caroline Avenue.

154. Fuel deliveries are to be scheduled outside of service station peak trading hours. ADVISORY NOTES AN1. All building work must be carried out in accordance with the provisions of the Building Code of

Australia.

AN2. A construction certificate is required prior to the commencement of any site or building works. This certificate can be issued either by Council as the consent authority or by an accredited certifier.