no rt h s y dne y co unci l re p o rt s...re: 99 walker street, north sydney figure 6 – walker...

Item _____IPP01______ - REPORTS -_______01/04/2015________

N O R T H S Y D N E Y C O U N C I L R E P O R T S

NSIPP MEETING HELD ON 01/04/2015

Attachments: 1. Site Plan

2. Drawings ADDRESS/WARD: 99 Walker Street, North Sydney (V) APPLICATION No: DA 283/14 PROPOSAL: Alterations and additions to existing retail, food and drink, and

commercial premises, and extend podium levels to accommodate a supermarket (to trade 24 hours, 7 days), additional retail including liquor store, reconfigured loading and parking areas, exterior works and associated signage

PLANS REF: Drawings by Architectus numbered DA00(9), DA01(6), DA09(9),

DA10(7), DA14(7) & DA16(7) dated 27/8/14 and DA24(1) & DA25(1) dated 28/8/14, received by Council on 28/8/14; DA02(A), DA03(A), DA04(A), DA06(A), DA07(A), DA08(A), DA11(A), DA12(A), DA13(A), DA15(A), DA17(A), DA18(A) & DA23(A) dated 29/1/15 and received by Council on 2/2/15; and DA05(B) dated 10/2/15 and received by Council on 12/2/15

OWNER: Investa Asset Management Pty Ltd APPLICANT: Investa Asset Management Pty Ltd AUTHOR: Susanna Cheng, Senior Assessment Officer DATE OF REPORT: 18 March 2015 DATE LODGED: 28 August 2014

AMENDED: 24/9/14 (loading dock MP); and 2 & 12/2/15 (car park details) SUBMISSIONS: Four (4) RECOMMENDATION: Approval

Report of Susanna Cheng, Senior Assessment Officer Re: 99 Walker Street, North Sydney

EXECUTIVE SUMMARY The development application seeks Council’s approval for alterations and additions to podium levels to accommodate a supermarket (to trade 24 hours, 7 days), additional retail premises including a liquor store, reconfigured loading and parking areas, exterior works and associated signage. The application is reported to NSIPP for determination due to public interest by virtue of the site’s location on a prominent corner within the North Sydney CBD and proposed hours of operation. Council’s notification of the proposal has attracted four (4) submissions raising particular concerns about retail diversity, hours of operation, and parking. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The development complies with relevant development standards and the proposed increase in commercial floor space is accompanied by a deed of commitment for the payment of railway infrastructure contributions in accordance with the LEP. The supermarket is proposed to operate 24 hours, 7 days; however, it is recommended that the hours be restricted to midnight, with late trading hours subject to a 1-year trial period. This is consistent with approvals for surrounding retail developments and in accordance with the adopted Late Night DCP provisions for the CBD. Loading and unloading will be restricted to standard hours, and accessed via an existing vehicular entry in the rear lane adjoined by commercial development. The supermarket will not provide for any customer parking, which is considered reasonable in the context of the site being centrally located within the North Sydney CBD. The supermarket will be being readily accessible on foot by city residents, workers and commuters. Any proposal to provide for customer parking would require a separate DA for Council to assess the traffic impacts associated with a supermarket servicing a wider catchment. Existing on-site parking within the basement levels exceed the DCP rates and currently over-provide for commercial and retail users within the site. The proposed conversion of part of an existing parking level to provide for loading and servicing facilities will provide amenity for the new retail uses and reduce the extent of car parking non-compliance. The development will not impact on the continued operation of an existing public car park within the site. The continued use of the public car park is a matter for Council’s compliance section and should not fetter the proposed redevelopment of the site in accordance with Council’s policies. Following this assessment the development application is considered to be reasonable in the circumstances and is recommended for approval subject to conditions.

Report of Susanna Cheng, Senior Assessment Officer Re: 99 Walker Street, North Sydney LOCATION MAP

Property/Applicant Submitters - Properties Notified


DESCRIPTION OF PROPOSAL The application seeks approval for alterations and additions to the podium levels of a commercial building to accommodate a supermarket (to trade 24 hours), additional retail outlets including a liquor store, reconfigured loading and parking areas, exterior works (Figure 1) and associated signage.

Figure 1 –Facade works at Walker Streets frontage

The works include the infill of existing internal voids and the enclosure of terrace and undercroft areas at lower ground, ground and first floor levels, which will result in 465m2 of net additional commercial floor space. Areas of proposed infill at ground level, generally in areas adjacent the building line are shown in Figure 2.

Figure 2 – Areas of proposed infill at ground floor level


The proposed works are summarised as follows:

Basement levels B2 & B3 • New lift pit Basement level B1 • New end-of-trip cyclists’ facilities (73m2) and bike storage (35m2) for 33 bicycles • Reconfigured loading areas, supermarket back-of-house and storage areas • New garbage room • New inter-tenancy stair to service supermarket lower ground and ground floor • 2 x new service hoists to service supermarket tenancy, new services and plant areas Lower ground floor • Reconfigured layout to create 2 x retail tenancies T4 (195m2) and T5 (178m2) to the

north eastern part of the building • Reconfigured back-of-house areas to provide additional 73m2 of office/store area • New openings for lift/hoist shafts, new services and plant areas Ground floor • Demolition of internal partitions, slab infill and reconfigured tenancies to create a

1,530m2 supermarket • Enclosure of outdoor areas to north east (84m2) and north western frontages (63m2) and

Mount Street entry (42m2) • Retail tenancies T2 (86m2) for potential future food and beverage premises and liquor

store in T3 (117m2) to the Walker Street frontage • Facade and awning extension in the location of existing entries and at tenancy T3 on

Walker Street • Fire exit removed and new floor area added (14m2), new services, including new fire

stair, service hoists and retail lift

Level 1 • Facade/slab extension to building line at Walker Street for additional commercial floor

space (21m2) • Fire exit removed and new floor area added (15m2) Level 2 • New external plant area for supermarket with louvre screen

The application seeks approval for 6 x new and replacement signs, generally comprising business identification underawning and fascia signage, as shown in Figure 3.


Figure 3 – Photomontages showing facade modifications and signage

The proposed supermarket and liquor store operations are summarised as follows:

• Hours of operation 24 hours, 7 days a week; • Waste collection and deliveries to be in accordance with Council’s standard conditions,

being no waste collection or deliveries between 10pm and 6am on any day, and loading and unloading to be undertaken within basement B1;

• Delivery route will be left onto Little Walker Street from Pacific Highway, left into site dock area, exit left into Little Walker Street, then left into Mount Street;

• Delivery vehicles up to 7.7m long rigid pallet truck and garbage trucks up to 6.4m which can enter and exit the site in a forward direction and fit existing garage opening with maximum clearance at 3.2m;

• Delivery logistics coordinated by a Stockroom Manager in communication with Distribution Centres and suppliers; and

• Trolleys managed in accordance with a Trolley Management Plan. STATUTORY CONTROLS NSLEP 2013

• Zoning – B3 Commercial Core • Lot size – None specified • Height of building – RL145m • FSR – None specified • Item of Heritage – No • In Vicinity of Item of Heritage – No • Conservation Area – No • FSBL – No

S94 Contribution Environmental Planning & Assessment Act 1979


SEPP (Infrastructure) 2007 SEPP No. 55 – Contaminated Lands SEPP No. 64 – Advertising Signs SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS NSDCP 2013 DESCRIPTION OF LOCALITY The subject site is identified as Lot 101 in DP 748911 and is known as No. 99 Walker Street, North Sydney. The site is located on the south eastern corner of Walker and Mount Streets. It is rectangular in shape with primary frontages of approximately 53m and 41m to Walker and Mount Streets, respectively, and Little Walker Street at the rear. The site area is 2,253m2. The site is occupied by a 19-storey office tower above a 3-level retail podium which accommodates approximately 1,000m2 of retail space on the ground and lower ground floor levels, including a food court (Figure 4).

Figure 4 – Podium with frontages to Walker, Mount & Little Walker Streets

Separate retail and office tower entries are located on Walker Street (Figures 5 & 6).

Figure 5 – Retail foodcourt situated at the corner of Walker & Mount Streets


Figure 6 – Walker Street frontage provides entry to the office tower above and a retail entry

The site contains 4 levels of basement parking, accessed via Little Walker Street which is one-way northbound and a shared pedestrian zone (Figures 7 & 8).

Figure 7 –Car park entry is located on Little Walker Street

Figure 8 –Loading dock level B1 accessed via Little Walker Street

The site is not identified as a heritage item and not located within a conservation area. The site is within the North Sydney CBD and surrounding development is predominantly commercial (Figure 9). The nearest residential uses are located some 90m to the south at 93 Pacific Highway, and more than 200m to the north and northwest of the site, being No.171 Walker Street (“Century Plaza”) and No.77 Berry Street (“Beau Monde”). The nearest tourist hotel accommodation is located approximately 171m to the south at No.17 Blue Street (“Harbourview”).


Figure 9 – Surrounding commercial development

RELEVANT HISTORY Previous approvals The existing building (c.1988) has undergone a number of refurbishments, including:

• Refurbishment of the podium level in October 2007 (DA589/06); • Renovation and infill of an food court in April 2008 (DA589/05); • Refurbishment of commercial entry in 2012 (DA257/11); • Use and fitout of food premises within the foodcourt, including DA538/07, DA557/07,

DA3/08, DA77/08, DA152/08, DA311/08, DA382/08, DA434/08, DA435/08, DA436/08 and DA144/09.

Unauthorised public car park A public car parking station is currently located within the basement levels of the site, operated by Secure Parking between 7am & 7pm Monday to Friday and 9am & 2pm on Saturday and Sunday. A search of Council’s records reveals no documentary evidence of any approval for use of the site as a public car park. Any existing approvals in relation to the car park provide for use of the car park only in association with commercial and retail uses within the site, and not as a public car park; relevantly:


• Condition D21 of DA1020/85, dated 26/7/85, for construction of a 23-storey commercial building comprising 4 levels of car parking, 2 retail levels, 15 office levels, rooftop restaurant and plant rooms, provides for a maximum provision of 126 car spaces allocated in the following proportions: Commercial : 53 spaces Retail : 42 spaces Restaurant : 25 spaces The condition provides that: “Car parking provided shall only be used in conjunction with the uses contained within the development.”

• Condition D20 of DA1237/85, dated 29/10/85, provides for a maximum provision of 282 car spaces allocated in the following proportions: Commercial office space : 86 spaces Retail : 16 spaces Food Hall : 58 spaces Minor restaurants : 27 spaces Major restaurants : 95 spaces Two courier spaces are required to be allocated from the 86 commercial office spaces. Furthermore, the condition provides that: “Car parking provided shall only be used in conjunction with the uses contained within the development.”

The proposed development does not provide for on-site supermarket customer parking. No formal allocation of retail parking is proposed; however, the development implicitly relies on existing public car park for its customers, as evidenced by the proposed new retail lift to, and trolley bays in, level B2 and “Coles” parking directional signage at the Little Walker Street car park entry. Any proposal to use the on-site parking for retail purposes, including any continued use as a public car park, would require separate development consent. Use of the site for the purpose of “car park” within the B3 Commercial Core zone is not currently permissible under NSLEP 2013. Use of existing basement parking (other than in association with and ancillary to the permissible commercial use within the site) would therefore constitute prohibited development. Legitimate use of the site for the purpose of a public car park would therefore have to rely on the existing use rights provisions in sections 106 to 109 of the EP&A Act. The matter of retail parking provision is discussed in further detail in the Traffic Planning Referral section and DCP Compliance Table (Car Parking & Transport).


Pre-lodgement advice A planning advice meeting was held on 3/7/14 in relation to a proposed supermarket in which Council’s Planning Advisor advised that careful consideration is to be given to parking, traffic and servicing; changes to the building’s architecture; current use of basement levels as public car park; conflict between tenants and compatibility with surrounding uses; access; external plant and signage. Subject DA283/14 The subject DA was lodged on 29/8/14. In correspondence dated 2 & 23 September 2014, Council requested additional details in relation to loading dock management, sustainable waste management, trolley management, and delivery hours. The requested information was submitted, including a loading dock management plan (received 24/9/14), developer commitment deed for railway infrastructure contributions required under clause 6.12 of NSLEP 2013 and associated documentation (received 23/10/14), and email correspondence on 2/10/14 advising that the applicant agrees to Council’s current standard condition of consent in relation to waste collection and delivery hours. During the course of assessment, Council raised concerns about parking generation arising from the provision of customer parking. On 2 & 12 February 2015 Council received amended drawings to delete retail lift access to basement B2 and associated trolley bays and increased provision of bicycle parking, along with an updated loading dock management plan and traffic impact report. REFERRALS Police The proposal was referred to the Crime Prevention Officer of NSW Police who has assessed the application under the Consultation Protocol between North Sydney Council and Harbourside Local Area Command and recommended Crime Prevention Through Environmental Design (CPTED) treatment options for the proposed development in order to reduce opportunities for crime. The recommendations are included in the conditions of consent. Roads & Maritime Service (RMS) The development is “traffic-generating development” pursuant to clause 104 and Schedule 3 of the SEPP as it is for shops with a size or capacity of at least 500m2 with access to a road that connects within 90m to a classified road, being Arthur Street adjacent the Warringah Expressway. Accordingly, the application was referred to RMS pursuant to clause 104(3) of the SEPP. The RMS advised in its letter dated 8/10/14 that no objection to the application is raised, and provided the following comments for Council’s consideration in its determination of the application:


1. The car parking provision is to be to Council’s satisfaction. 2. The layout of the proposed car parking areas associated with the subject

development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS2890.1-2004 and AS2890.2-2002 for heavy vehicle usage.

3. The swept path of the longest vehicle (including garbage trucks) entering and exiting the subject site, as well as maneuverability through the site, shall be in accordance with AUSTROADS. In this regard, a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement.

Planner’s comment

: The advice of the RMS has been taken into consideration, as discussed in the Traffic Planning section (immediately following) and in the SEPP (Infrastructure) section in this report. Conditions are recommended in accordance with the advice of the RMS.

Traffic Planning The proposal was referred to Council’s Manager Traffic & Transport Operations who has considered the application, including the submitted Traffic Report dated 13/8/14 prepared by GTA Consultants, and advised as follows (emphases added):

Car parking

The North Sydney Development Control Plan 2013 (NSDCP) states that a development of this size and land use type should provide a maximum of 2 parking spaces. The traffic report states that the proposed supermarket conversion does not provide any on-site parking and there are no issues in principle with this arrangement from Council’s Traffic and Transport Operations Department. The restrained on-site parking provisions, particularly in the North Sydney CBD, within easy walking distance to major public transport nodes, employment centres and local residential areas, promotes sustainable transport use and alternatives to private motor vehicle usage. For supermarkets, the lack of on-site parking will limit shoppers to “walk in trade” for residents and workers that live/work nearby. Council must take into consideration the development in the context of North Sydney as a whole. Council’s LEP and DCP have been prepared in consideration of the overall impact of future development on the local area. Traffic generation is one of the key impacts associated with new developments. North Sydney is a high density area and congestion and traffic generation issues are of particular concern to the community and impact greatly on resident amenity. The parking rates as outlined in Council’s DCP were a deliberate policy decision of Council to restrict car parking and therefore car ownership and commuting by car in the busy CBD/retail areas close to good public transport. Council’s Community Strategic Plan 2023 states, “Public transport and alternative means of transport are the mode of choice for trips to, from and within North Sydney. The community’s reliance on the car has reduced. Considerable effort has been made to improve public transport and reduce traffic congestion, particularly through the use of more innovative and environmentally friendly systems.”


However, the following issues are raised in relation to car parking provision and need to be addressed. 1. The submitted plans indicate that customer parking is envisaged in basement level

B2. Basement B2 has lift access to the ground level supermarket, trolley bays, and there is a "Coles" & "P" sign at the car park entry on Little Walker Street. This needs to be addressed and if the development does not propose to have access of off-street parking then there should be no lift access to the ground level supermarket, no trolley bays and no directional Coles parking signs in Little Walker Street. Planner’s comment

: Retail lift access and supermarket trolley bays have been deleted by the applicant from basement B2 in amended drawings received by Council on 2 & 12 February 2015.

2. There are concerns with the proposal to reduce the off-street car park by 40 car parking spaces. It is understood that these parking spaces were initially provided for the existing uses on the site and surrounding sites. An amended traffic report should be provided which demonstrates that the removal of 40 car parking spaces meets the parking demand of the existing uses on the site (and surrounding sites) and that the removal of 40 car parking spaces will have no impact on the on-street parking supply. Planner’s comment

: The net reduction in off-street car parking, as amended, is 33 car spaces. The DCP Compliance Table in this report, and a further traffic report received by Council on 2/2/15, identifies that these spaces are associated with office workers within the building for which the total on-site parking requirement for all uses within the commercial tower and other commercial users is currently over-provided, and as such, the loss of 33 spaces would not present significant impacts.

Bicycle parking

As part of the redevelopment of the site, the traffic report states that it is proposed to provide a secure bicycle parking area for 124 bicycles to cater for the entire building and will include shower and change facilities. These bicycle facilities are strongly supported by Council’s Traffic Operations Department. The NSDCP states that bike parking of this size should provide 124 personal lockers, 8 showers and change cubicles. Lockers, change room and shower facilities should be located close to the bicycle parking area, entry/ exit points, and within an area of security camera surveillance.

Loading facilities

There are some concerns with the proposed design of the loading area. The traffic report identifies that the height clearance does not meet AS2890.2 which can be expected with developments which involve modifications to an existing old buildings.


To address this concern, it should be conditioned that all loading areas should have a minimum height clearance 3.2m and that all service vehicles that access the site/building have a maximum height clearance of 3.0m. No service vehicles with a height clearance greater than 3.0m will be permitted to access the building. No additional service/ loading vehicles should be permitted to park on the road.

Conclusion

Should this development be approved, the following conditions of consent are recommended: 1. That no lift access to the ground level supermarket, no trolley bays and no

directional Coles parking signs in Little Walker Street be provided as part of the redevelopment.

2. That in addition to the bicycle cage capable of storing 124 bicycles, end of trip facilities be provided in accordance with the North Sydney Development Control Plan 2013 (NSDCP).

3. That a Construction Management Plan be prepared and submitted to Council for approval by Council’s Development Engineers prior to the issue of the Construction Certificate. Any use of Council property shall require appropriate separate permits/ approvals.

4. That all vehicles, including vans, delivery vehicles and garbage collection vehicles must enter and exit the site in a forwards direction. If this is not possible then an operational transport management plan indicating how the loading dock will operate safely and effectively – giving priority to pedestrians.

5. That loading areas and ALL areas which provide access to loading areas have an absolute minimum a free height clearance of 3.2 metres. The height clearance should be free of any obstruction – such as sprinklers, valves, electrical, lighting etc.

6. That ALL vehicles, including service vehicles, delivery vehicles, waste vehicles vans or any other type of commercial vehicle have a maximum clearance height of 3.0m.

7. That ALL tenancies and future tenancies of the building be advised that they must provide (if they require one) service vehicles, delivery vehicles, waste vehicles vans or any other type of commercial vehicle with maximum clearance heights of 3.0m.

8. That a Green Travel Plan be developed and provided to customers. The Green Travel Plan should be developed by a suitably qualified sustainable transport consultant in accordance with relevant standards and codes of practice. The Green Travel Plan should be reviewed annually.

9. That a Transport Access Guide by developed and provided to customers. The Transport Access Guide should be developed by a suitably qualified sustainable transport consultant, similar to the North Sydney Council Transport Access Guides for Crows Nest - available here - http://www.northsydney.nsw.gov.au/Projects_Infrastructure/Major_Projects/Woolworths_Alexander_St_car_park_Redevelopment

A further Traffic Impact Assessment prepared by GTA Consultants dated 30/1/15, and received by Council on 2/2/15, was referred to the Manager Traffic & Transport Operations, who advised that the amended proposal is generally satisfactory from a traffic and transport perspective. Should this development be approved, the above conditions and the following additional condition are recommended for inclusion:

http://www.northsydney.nsw.gov.au/Projects_Infrastructure/Major_Projects/Woolworths_Alexander_St_car_park_Redevelopment�



• That 8 bicycle parking racks/rails be provided along the Walker Street frontage to the site, as per the North Sydney Public Domain Style Manual. The design plan should take into account pedestrian access and safety and the plan should be approved by Council’s Manager, Traffic and Transport Operations prior to installation. The developer will be responsible for funding the design plan and construction of the 8 bicycle racks/rails.

Planner’s comment

: The proposal has been considered against the requirements of NSDCP 2013 and the above comments of Council’s Traffic Manager are addressed in greater detail below.

Development Engineer The proposal was referred to Council’s Development Engineer who did not raise any objections to the development, subject to conditions including requirement for a construction management plan to be approved by the local traffic committee. Building The proposal would have to comply with the Building Code of Australia. Conditions can be imposed to ensure compliance. Health The application was referred to Council’s Environmental Health Officer who advised that:

The Acoustic Logic report dated July 2014 advises of predicted noise levels at 88 Walker Street, during day, evening and night time hours – the noise being from use of the loading dock area on Little Walker Street servicing the proposed supermarket at 99 Walker Street. The proposal is to have the loading dock in operation on a 24/7 basis. While it is acknowledged that the area is predominantly commercial, there are residential buildings, serviced apartments and hotels within the CBD area, in proximity to the development. It is further acknowledged that other shops, restaurants and cafes, Aldi, pubs/hotels in the area immediately surrounding 99Walker Street, have restrictions on the permitted hours for waste collections from and deliveries to, their premises. Current standard conditions of consent do not permit waste collections or deliveries between the hours of 10pm and 6am, in the interests of preserving local amenity. While the applicant here may put forward a case advising of nil impact through the use of the loading bay during night time hours, potential disturbance from the truck movements themselves has not been considered. Also should Coles be permitted to access their loading dock at 99 Walker Street on a 24/7 basis, a precedent is set whereby surrounding commercial uses may also request the same 24 hour access for delivery and waste collection services. This could result in a significant rise in the number of heavy vehicles within the CBD during sleeping hours.


The environmental health team receives numerous complaints per year regarding noise from delivery and waste collection trucks disturbing sleep, hence the restrictions on these services between 10pm and 6am. For this reason I do not support the proposed use of the loading bay between the abovementioned restricted hours (10pm to 6am). The external mechanical plant to be installed at the proposed development has not been selected as yet. This will need to be examined and assessed accordingly once the plant has been selected and its proposed location decided [via condition].

Planner’s comment

: In email correspondence dated 2/10/14, applicant agreed to Council’s standard conditions in relation to waste collection and deliveries. Standard conditions I29 & I31 are accordingly recommended.

SUBMISSIONS The owners of adjoining properties and the CBD Precinct were notified of the proposed development for a 14-day period, between 12 & 26 September 2014 in accordance with section A4 of NSDCP 2013. The notification resulted in four (4) submissions, summarised as follows: Basis of Submissions • Deliveries – Deliveries at least 6 times per day Monday to Friday within a shared zone,

opposite the second main entry to 100 Arthur Street and outdoor cafe area, could be disruptive and dangerous to pedestrians, riders and motorists on Little Walker Street and have adverse impacts on cafe patrons; deliveries should be restricted to between 7pm & 7am.

• Fire egress – Consideration needs to be given to delivery times as they may affect the emergency exits of 100 Arthur Street which are located at Walker Street.

• Lighting – Lighting on Little Walker Street could be improved so as to improve safety on the busy street.

• On-street parking – Council should consider removal of two parking bays on Little Walker Street immediately outside the entrance of 100 Arthur Street, given the proposed increased use of Little Walker Street and to improve ease of movement.

• Concern that adequate thought be given to cars and parking. • Will supermarket patron parking be provided on a “shopper docket” arrangement, franked at

check-out? • No mention of disabled parking. • Impacts on small number of metered/on-street parking in the vicinity of the site. • Coles is not adding to retail diversity in North Sydney CBD. • Provision of bicycle parking is over generous. • B3 Commercial zone does not include supermarkets. • Why 24-hour trading when patronage will be low out of business hours?


Basis of Submissions • Mount Street Plaza opposite the site is an important pedestrian thoroughfare and free

movement of pedestrians produces a flow on effect to Walker Street. • Reduce retail diversity due to loss of food court and there are already IGA and Aldi

supermarkets in North Sydney. • A supermarket, liquor store, food premise and two tenancies will not enhance the street

frontages or enrich pedestrian environment. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings: NORTH SYDNEY LEP 2013 1. Permissibility within the zone The site is zoned B3 Commercial Core under the provisions of the North Sydney Local Environmental Plan 2013 (NSLEP 2013). Development for the purposes of commercial/retail premises and signage are permissible with the consent of Council. Demolition is permissible with consent pursuant to clause 2.7 of the LEP. 2. Zone Objectives Clauses 2.3 and the Land Use Table contained in NSLEP 2013 provide for the particular objectives of the B3 Commercial Core zone. It is considered that the proposed development satisfies the provisions as it will provide for a range of retail uses and encourage employment opportunities in an accessible CBD location, with minimal adverse impacts on surrounding development, as discussed in this report. 3. LEP Compliance table The application complies with the relevant principal development standards contained in Part 4 of NSLEP 2013 as indicated in the following compliance table.

STATUTORY CONTROL – North Sydney Local Environmental Plan 2013 Site Area – 2,253m² Existing Proposed Control Complies North Sydney Centre

Building Heights & Massing (cl.6.3(1)) (max)

RL63.2m (podium)

RL62.8m (louvre screen on podium level 2)

RL145m Yes

Building Heights & Massing – Overshadowing (cl.6.3(2))

Existing No change No net overshadowing of SA between 12 & 2pm

Yes (no change)

Non-residential GFA / Railway Infrastructure (cl.6.5)

196,742.5m2 (a)

197,207.5m2 (+ 465m²)

Max.250,000m2 GFA since 28/2/03

Certification by Director-General

Yes

(a) for the September-December 2014 quarter


4. Building Heights & Massing The development has been assessed as against the height and massing provisions in clauses 4.3 and 6.3 of NSLEP 2013. The proposed building height of up to RL62.8m, complies with maximum height limit of RL145m. The proposal satisfies the objectives of the height and massing controls; in particular, the louvre screening for plant and equipment and glass balustrades will not exceed the height of existing podium structures and not result in any adverse impacts on views, overshadowing or privacy. 5. Railway Infrastructure The development is consistent with the specific objectives for the North Sydney Centre in clause 6.1 of NSLEP 2013, as described in the following table.

North Sydney Centre Objective Response

(a) To maintain the status of the North Sydney Centre as a major commercial centre within Australia

The development will maintain and reinforce the employment use of the site.

(b) To require arrangements for railway infrastructure to be in place before additional non-residential GFA is permissible

The Secretary of the Department of Planning & Environment has provided written certification, in letter dated 13 January 2015, that satisfactory arrangements have been made for railway infrastructure that will provide for the increased demand for railway infrastructure generated by the development, being an additional 465m2 of floor space in the form of additional commercial floor space within the existing building. The amount payable is $55,325.70 (465m2 x $118.98).

(c) To permit an additional 250,000m2 of non-residential GFA in addition to the estimated existing (as at 28/2/02) 700,000m2 of non-residential GFA

The proposed floor space is within the allowable limit of non-residential GFA for the CBD, as indicated in the LEP Compliance Table in this report.

(d) To ensure that transport infrastructure, and in particular North Sydney Station, will enable and encourage a greater percentage of people to access the North Sydney Centre by public transport than by private transport

Satisfactory arrangements have been made for railway infrastructure, as discussed in (b) above.

(e) To encourage provision of high-grade commercial space with a floor plate, where appropriate, of at least 1,000m2

The additional floor space will be incorporated into and make more efficient use of the existing building footprint.

(f) To protect the amenity of residential zones and existing open space

The works will not impact on any residential zones, the nearest being to the east on the other side of a multi-lane freeway. The development will improve street activation.

(g) To prevent any net increase in overshadowing of any land in zone RE1 Public Recreation (other than Mount St Plaza) or any land identified as “Special Area”

The development will not increase overshadowing to any recreation or residential zone, or any Special Area.


North Sydney Centre Objective Response

(h) To prevent any increase in overshadowing that would adversely impact on any land within a residential zone

(i) To maintain areas of open space on private land and promote preservation of existing setbacks and landscaped areas

The infill of alcoves and extension of shopfronts to the Walker and Mount Street frontages will not extend beyond the existing primary building line and not displace any landscaped areas.

6. Preservation of trees or vegetation Clause 5.9 of NSLEP 2013 provides for the preservation of trees and associated amenities. Conditions are recommended to ensure protection of street trees adjacent the site on Walker and Mount Streets. SEPP (Infrastructure) 2007 The development is “traffic-generating development” under clause 104(3) and Schedule 3 of the SEPP, as it is for shops with a size or capacity of at least 500m2 with access to a road that connects within 90m to a classified road, being Arthur Street adjacent the Warringah Expressway. The development is assessed as satisfactory in accordance with clause 104(3), discussed as follows: (i) Any submission that the RTA provides in response to that notice within 21 days after

the notice was given (unless, before the 21 days have passed, the RTA advises that it will not be making a submission) – The matters raised by the RMS are addressed as follows: 1. The car parking provision is to be to Council’s satisfaction.

Comment

: The provision of on-site car parking is adequate and complies with DCP parking rates. Council’s Traffic Planning section has advised that the development is satisfactory, subject to conditions (refer to Traffic Planning Referral section in this report).

2. The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS2890.1-2004 and AS2890.2-2002 for heavy vehicle usage. Comment

: The existing basement car parking is capable of complying with relevant standards, subject to conditions.

3. The swept path of the longest vehicle (including garbage trucks) entering and exiting the subject site, as well as maneuverability through the site, shall be in accordance with AUSTROADS. In this regard, a plan shall be submitted to Council for approval, which shows that the proposed development complies with this requirement. Comment: The submitted swept path diagrams for proposed use by rigid trucks up to 7.7m long indicate that vehicles are capable of entering and exiting the site in a forward direction. Further discussion is provided in the DCP Compliance Table (Car Parking & Transport) in this report.


(ii) the accessibility of the site concerned, including: (A) the efficiency of movement of people and freight to and from the site and the

extent of multi-purpose trips, and (B) the potential to minimise the need for travel by car and to maximise movement of

freight in containers or bulk freight by rail, and Comment

: The CBD location is highly accessible by public transport and on foot by local workers and residents. Delivery movements can be adequately serviced by Pacific Highway, local road and service laneway, and the proposed loading dock.

(iii) any potential traffic safety, road congestion or parking implications of the development Comment

: The existing on-site car park will continue to provide adequately for the commercial use of the site. The primary patronage for a supermarket in this location is anticipated to be walk-in trade comprising predominantly local residents and workers, which will have minimal traffic impacts. Any provision for supermarket patron parking, and associated sub-regional catchment congestion and parking impacts, would require a separate development application.

SEPP 55 and Contaminated Land Management Issues The provisions of SEPP 55 require Council to consider the likelihood that the site has previously been contaminated and to address the methods necessary to remediate the site. Given the commercial history of the site, it is unlikely to be any issues of soil contamination that would require remediation. SREP (Sydney Harbour Catchment) 2005 The site falls within the Sydney Harbour Catchment Area and is subject to the provisions of the Policy. Clause 25 of the SREP outlines matters to be taken into consideration in relation to the maintenance, protection and enhancement of the scenic quality of foreshores and waterways. The development is not visible from the Harbour, and will thus not have any detrimental impact on the character or scenic quality of foreshores and waterways. SEPP 64 – Advertising & Signage SEPP 64 seeks to ensure that signage is compatible with the desired amenity and visual character of an area, provides effective communication in suitable locations, and is of high quality design and finish. The development seeks approval for six (6) signs, comprising underawning, fascia and non-projecting wall signs displaying the name and logo of “Coles” and “Liquorland”. The proposed signage is characterised as “business identification signs” for which Parts 1 and 2 of the SEPP apply. Part 2 Clause 8 provides that consent must not be granted unless the consent authority is satisfied that the proposal satisfies the relevant objects of the Policy and is consistent with the specified assessment criteria at Schedule 1 of the Plan. It is considered the proposal meets the objectives of SEPP 64, and meets the relevant assessment criteria, discussed as follows, and with further details and particulars provided in the DCP Compliance Table (Advertising & Signage) in this report.


(a) Character of an area i. Compatible with the existing or desired future character of the area or locality? ii. Consistent with the particular theme for outdoor advertising in the area or locality? Comment

: The proposed signage, generally comprising small scale business identification signage at street level, is compatible with the character of the building and CBD streetscape.

(b) Special areas i. Detract from the amenity or visual quality of any environmentally sensitive areas,

heritage areas, natural or other conservation areas, open space areas, waterways, rural areas or residential areas?

Comment

: The proposed signs are generally integrated with the architecture of the building and not immediately proximate to any heritage or sensitive special areas.

(c) Views and vistas i. Obscure or compromise important views? ii. Dominate the skyline and reduce the quality of vistas? iii. Respect the viewing rights of other advertisers? Comment

: The underawning and non-projecting wall/fascia signs will not adversely affect any views or vistas or erode the viewing rights of advertisers.

(d) Streetscape, setting or landscape i. Scale, proportion and form appropriate for the streetscape, setting or landscape? ii. Contribute to the visual interest of the streetscape, setting or landscape? iii. Reduce clutter by rationalising or simplifying existing advertising? iv. Screen unsightliness? v. Protrude above buildings, structures or tree canopies in the area or locality? Comment

: The proposed signs are generally in proportion to existing building elements, in particular, the awning and fascias of the podium. The number and positioning of signs appropriately capture view catchments at street corners and along footpaths. However, the lightboxes proposed to be affixed to the awning fascias at prominent street corners will detract from the architecture of the building and erode the quality of the streetscape, however, can be supported in amended form, as discussed in the DCP Compliance Table.

(e) Site and building i. Compatible with the scale, proportion and other characteristics of the site or

building, or both, on which the proposed signage is to be located? ii. Respect important features of the site or building, or both? iii. Show innovation or imagination in its relationship with the site or building, or both? Comment

: The proportions and locations of the proposed signs respect the articulation of the existing podium.

(f) Associated devices and logos with advertisement and advertising structures i. Any safety devices, platforms, lighting devices or logos been designed as an integral

part of the signage or structure on which it is to be displayed? Comment

: Illumination will be integrated into the awning structure supporting the fascia and underawning signs.


(g) Illumination i. Result in unacceptable glare? ii. Affect safety of pedestrians, vehicles or aircraft? iii. Detract from the amenity of any residence or other form of accommodation? v. Can intensity of illumination be adjusted? vi. Is illumination subject to a curfew? Comment

(h) Safety

: The internally illuminated and backlit signage will not result in any glare nuisances. A standard condition is recommended in relation to hours of illumination.

i. Reduce the safety for any public road? ii. Reduce the safety for pedestrians or bicyclists? iii. Reduce the safety of pedestrians, particularly children, by obscuring sightlines

from public places? Comment

: The proposed signs will be under the awning, on the podium fascia, or at the building line, internally illuminated or backlit and not flash or have moving components; as such, the proposal will not give rise to any adverse traffic safety impacts.

North Sydney DCP 2013 The proposal is generally consistent with section B2 of the DCP relating to commercial developments and section C2 & C2.1 being the Character Statement for the CBD within the North Sydney Planning Area, as discussed in the following DCP Compliance Tables.

DEVELOPMENT CONTROL PLAN 2013

Commercial Development Complies Comments B2.2 Function Diversity of activities, facilities, opportunities & services

Yes Retail diversity will be maintained by provision of a supermarket and a variety of different sized retail tenancies with active street frontages.

Maximise use of public transport

Yes The site is well serviced by public transport and immediately proximate to workers and residents. New cyclists’ facilities will be provided.

B2.3 Environmental criteria Clean air Yes Plant and equipment will be upgraded as part of the

development. Noise Yes As discussed in the Health Referral section in this report,

Council’s Environmental Health Officer has raised concern that 24-hour access for delivery and waste collection services would contravene Council’s policy and may lead to a significant rise in the number of heavy vehicles within the CBD during sleeping hours. Council’s concerns were conveyed to the applicant who agreed to amend the delivery hours to standard hours between 6am and 10pm (via condition). Additional standard conditions are also recommended in relation to noise from mechanical plant and equipment.

Reflectivity Yes New glazing will be in the form of balustrades and shopfronts recessed beneath an awning, and will not result in any reflectivity nuisance.

Artificial illumination Yes Light spill from internal illumination of the supermarket through the glass shopfront will contribute to a safer night time environment.



Commercial Development Complies Comments Awnings Yes The extension of the lower awning on Walker Street will

improve weather protection in the location of proposed shop 3 and in accordance with character statement C2.1.1 P19.

Solar access Views

Yes The proposed louvre screening of plant and equipment within the eastern (Little Walker Street) side setback at level 2 of the podium and immediately adjacent to and below the commercial office tower will not give rise to any material shadow or view impacts.

Visual privacy Yes The development will be located within the podium level of the building with an outlook to roads and commercial buildings.

B2.4 Quality built form Context Yes The development will adaptively reuse an existing building,

maintain existing vehicular access, activate the primary street frontages, and provide retail uses that will service the high density worker and residential populations within 400m walking distance of the site.

Setbacks Yes The glass line of the shop fronts and commercial lobby on Walker Street will be built to alignment to maximise street activation and pedestrian amenity, in accordance with character statement sections C2.1.1 P18 and C2.1.3 P7.

Podiums Yes The development will be accommodated within the existing building podium.

Building design Junction & termination of streets

Yes Existing recesses and alcoves on Walker and Mount Streets will be infilled to street alignment so as to provide for a continuous and clearly defined street corner, shopfronts and entrances.

Through site link Yes The scope of the development does not warrant provision of a through-site link and none is required by Character statement C2.1.2 P11.

Streetscape Yes The development will contribute to active streets by way of a variety of glass fronted shops on Walker and Mount Streets, in accordance with character statement C2.1.3 P16.

Entrances & exits Yes The supermarket and shop entries on Walker Street will be adjacent and clearly visible from the footpath. Retail tenancies 4 & 5 will have direct sightlines from Mount Street via the existing open terrace. The legibility of the commercial entry lobby on Walker Street will be improved by matching the glass line to the existing building line.

Nighttime appearance Yes The glass shopfront of the supermarket, particularly at the street corners, will enable internal illumination to spill onto the streets, thereby improving nighttime visual interest. A condition is, however, recommended to limit the height of “colourback” application to the north eastern window of the supermarket.

Public spaces and facilities Yes The provision of neighbourhood supermarket and shops at street level will contribute to diversity and sense of place.

B2.5 Quality urban environment Accessibility Yes The development will provide accessible entries, lift access

and sanitary facilities, as detailed in the submitted Access Report. Conditions are recommended to ensure compliance.



Commercial Development Complies Comments Safety & security Yes The proposed 24-hour supermarket is assessed against the

Late Night Trading & Trading Hours DCP. In particular, section B7.3.1 P1 to P3 provides the ability for Council to consider 24-hour trading in the North Sydney Centre, subject to an ongoing trial period beyond midnight and where the development satisfies the matters for consideration in section B7.2, as follows:

Section B7.2 Late Night Trading Hours – Matters for consideration (a) Location and context of the premises, including proximity to residential and other sensitive land uses and other late trading premises

The site is within and surrounded by commercial buildings. The nearest residential uses are located more than 200m from the site and will not be immediately or directly impacted by late night operations of the supermarket.

(b) Specific nature of the premises (e.g., pub, nightclub, restaurant, etc) and proposed hours of operation

The proposal is for a neighbourhood supermarket with core trading hours anticipated to be between 7am and 10pm. The liquor store in retail tenancy T3 will sell packaged liquor; the proposal does not any on-premises service or consumption of alcohol.

(c) Existing hours of operation of surrounding businesses

Late night trading premises within the immediately surrounding area comprises a mix of licensed and non-licensed premises, as follows: • Aldi supermarket (99 Mount Street) 7am to 12 midnight

and no deliveries between the hours of 10pm & 6am on any day (DA278/04);

• 7-Eleven convenience store (107 Walker Street) 7am until 12 midnight on Monday to Sunday, with 1-year trial period 12 midnight to 7am, no deliveries between 10pm and 6am on any day, & approved to be modified on 17/11/03 by way of s96 application to operate 24 hours, 7 days (DA110/02/2);

• Alberts Tavern (100 Mount Street) 10 am to 3am Mondays to Saturdays and 10 am to 10pm on Sundays (DA592/99);

• Terrace Bar (83 Mount Street) 24 hours (2am lockout), 7 days (court-approved DA680/02);

• Hungry Jacks fast food restaurant (67-69 Mount Street) (DA277/99) currently trading 6am to 8pm Monday, 6am to 10pm Tuesday to Friday, 8am to 8pm Saturday & Sunday; and

• Anytime Fitness gym (118 Walker Street) 6am to 12 midnight, 7 days, with a 1-year trial period from midnight to 6am, 7 days (DA308/14); trial period has not yet commenced.

Given the diversity of existing late trading businesses in the area, the provision of an additional supermarket in the area will not result in unacceptable concentration of any particular type of late trading premises or cumulative impacts typically associated with on-premises licensed operations.



Commercial Development Complies Comments (d) Size & patron capacity of premises The supermarket is mid-sized at 1,530m2. The intensity of use of

the supermarket outside of the core trading hours between 7am and 10pm is expected to be low.

(e) Availability of amenities provided to the premises

Amenities within the building will be available to staff.

(f) Impact of the premises on the mix, diversity and possible concentration of late night uses in the locality

The provision of a non-licensed late night businesses will contribute to the diversity of late night premises in the area, as discussed in (c) above.

(g) Likely operation of the proposal during day time hours

The supermarket will operate during the daytime.

(h) Submission of a Plan of Management that demonstrates a strong commitment to good management

The submitted Operational Plan of Management outlines that the supermarket will implement CCTV, alarm and electronic stock security systems, security training for staff, and regular review of security and safety measures.

(i) Diversity of retail services within an area and impact of proposal on this diversity

The proposed supermarket will diversify after-hours retail amenity within the CBD.

(j) Measures to be used for ensuring adequate safety, security & crime prevention on the premises and immediately adjacent public domain

The supermarket plan of management includes provision for CCTV, alarm and electronic stock security systems, and staff training. Conditions are recommended to implementation of measures, and as recommended by NSW Police.

(k) Accessibility and frequency of public transport during late night trading hours

The site is well serviced by late night train and bus services, and taxi services after hours.

On balance, the proposed supermarket will contribute to after-hours retail diversity in the CBD. A condition is recommended to provide for trial trading hours after midnight for a maximum trial period of 5 years, in accordance with the draft late night trading provisions.

Vehicular access Yes The development will make use of the existing vehicular access on Little Walker Street.

Car parking Yes Refer to the Car Parking & Transport section below. Garbage storage Yes A designated commercial garbage storage area for the

supermarket will be located adjacent the loading bay on level B1 which is directly accessible from Little Walker Street.

Site facilities Yes Trolleys will be managed in accordance with a Trolley Management Plan, which includes installation of an electronic wheel lock trolley system (Carttronics) with computerised caster wheels, integrated braking shell, and buried perimeter antennae, and a trolley reporting service via telephone hotline, web and other media portals. A condition is recommended to minimise trolley abandonment and associated amenity impacts.



Commercial Development Complies Comments B2.6 Efficient use of resources Energy efficiency Yes The development includes a commitment to efficient use of

resources, including: • Upgrade of plant for retail tenancies, including new air-

cooled plant for the podium (no cooling towers) to equivalent 4.5-star commercial office rating;

• Upgrade of car park ventilation; • CO2 heat recovery refrigeration system for retail air

conditioning; • 5-star gas-fired hot water system for cyclists’ facility; • Zoned lighting and separate utility meters for retail

tenancies; • Low-flow water efficient fixtures and fittings; • Adaptive reuse of existing building and new insulation;

and • Waste management plan including charity food collection

and recycling. A condition is recommended for use of LEDs for illuminated signage, including underawning signs.

Advertising and signage The development seeks approval for six (6) signs which are described as follows and assessed in the DCP Compliance Table further below:

Location Dimensions Construction /

Illumination Content

New Sign 1 Awning fascia on corner of Walker & Mount Streets

800mm x 4m Fabricated LED illuminated single-sided lightbox

“Coles” “Liquorland” & logo

New Sign 2 Upper awning fascia on corner of Mount & Lt Walker Streets

1.2m x 6m Fabricated LED illuminated single-sided lightbox

“Coles” “Liquorland” & logo

New Sign 3 Above car park entry on Lt Walker Street 550mm x 2.4m

Fabricated LED illuminated single-sided lightbox

“Coles” “P” & arrow

Replacement Sign 4

Underawning sign on Walker Street

500mm x 1.76m @ 2.62m above footpath

Fabricated LED illuminated double-sided lightbox

“Coles”

Replacement Sign 5

Underawning sign on Walker Street (adjacent new shop tenancy T3)

500mm x 1.76m @ 2.62m above footpath

Fabricated LED illuminated double-sided lightbox

“Liquorland”

-

Inside of glazing on corner of Walker and Mount Streets @ ground level

1.6m x 6.2m Vinyl lettering “Coles”



B9 Advertising & Signage Complies Comments Advertising design analysis Yes The provision of small scale business identification signs at

street level is consistent with the character of North Sydney Centre.

Façade grid analysis Yes The signs generally respect the architecture of the building, being positioned on and proportionate to the awnings and upper and lower fascias of the podium.

Design, scale & size Yes (via condition)

The lightbox signs are considered to be insufficiently integrated with the architecture of the building, being incongruous and incompatible in materiality and quality to an otherwise high quality streamlined podium thereby appearing as low-quality appendages to the building in prominent locations at the street corners and along the Walker Street frontage (Figures 10 & 11). As such, the lightbox signs are considered to be dominating and detracting of the building and streetscape, contrary to section B9.4 P5 and objective O1.

Figure 10 – Lightbox fascia sign proposed at corner of Walker & Mount Streets

Figure 11 – Lightbox fascia sign proposed at corner of Little Walker & Mount Streets



B9 Advertising & Signage Complies Comments Design, scale & size (continued)

Yes The proposed signs, in their current form, are unacceptable; however, can be supported subject to the following design refinements (via conditions): • Awning fascia signs 1 & 2 to be comprised of backlit

individual laser-cut lettering and logo, in place of the proposed lightbox design;

• Underawning signs 4 & 5 to be slimline lightboxes; and • Vinyl lettering sign affixed to the inside of the shopfront

glazing on the corner of Walker and Mount Streets permitted provided the glassline is otherwise kept unobscured.

Subject to the above conditions, the proposed signage is considered to satisfactorily relate to the architecture of the building and the streetscape.

Location Yes The proposed signs are positioned to capture primary view catchments at the Walker and Mount Street street corners. The underawning and non-projecting signs will not have any adverse impacts on view, vistas, or the viewing rights of other advertisers.

Restrictions Yes The number and positioning of business identification signs will not result in visual clutter or give rise to a proliferation of signs, in consideration of the functionality of each of the proposed signs, as outlined below: • Awning fascia Sign 1 serving primary view catchment at

the intersection at Mount and Walker Streets; • Awning fascia Sign 2 serving primary view catchment at

the intersection of Mount and Little Walker Streets; • Car park entry non-projecting Sign 3 providing

directional signage on Little Walker Street; • Underawning Sign 4 – to replace existing underawning

sign serving footpath view along Walker Street; • Underawning Sign 5 – to replace existing underawning

sign serving footpath view along Walker Street, separated from underawning sign 4 by some 37m; and

• Vinyl lettering on shopfront glazing – serving pedestrian traffic along the Mount & Walker Street frontages of the site.

Content Yes A condition is recommended to require signage content to

relate to the retail tenancies, in accordance with section B9.6. Pedestrian & road safety Yes The size, location, internal static illumination and number of

the signs are such that they do not obstruct any pedestrian or vehicular sightlines.

Illumination Yes A condition is recommended to allow for signage illumination only during approved hours of operation.

Specific sign types Yes The proposed non-projecting signs are positioned so as to minimise duplication with other non-projecting signs, being located on the awning fascia at each of the building corners. The underawning signs on Walker Street will provide for minimum footpath clearance and adequate horizontal separation of some 37m.


Car parking & transport

DEVELOPMENT CONTROL PLAN 2013 B10 Car Parking & Transport

Complies Comments

Quantity requirements No On-site parking The accommodation of loading, garbage and other back-of-house facilities and end-of-trip cyclists’ facilities will result in a loss of 33 car spaces, from 262 to 229 spaces.

Site Rate GFA

(approx) Control Existing Proposed Complies

Commercial 1 spc / 400m2

17,200m2 43 spaces 262 spc 229 spc No Retail 2,117m2 5 spaces Nil Nil 48 spaces (max)

The existing and proposed on-site parking levels exceed the maximum provision of 48 spaces; however, the development will reduce the extent of non-compliance by 33 spaces, which is acceptable on this basis and consistent with character statement sections C2.1.3 P27 & P28 which seek to reduce on-site long-stay commuter and non-residential parking. The site will continue to cater adequately for office workers within the building, being an allocation of some 57 spaces (90 existing less 33 spaces).

Quantity requirements Yes Supermarket parking The maximum parking provision for a 1,530m2 supermarket in the North Sydney CBD is 4 spaces, as calculated below in accordance with section B10.2 P8 of the DCP:

Supermarket

B3 Commercial Core Rate GFA Control Proposed parking Complies

Supermarket 1 spc / 400m2 1,530m2 4 spaces (max.) Nil Yes



Complies Comments

Quantity requirements (continued)

Yes (via condition)

The proposal includes no retail parking allocation, which is considered to be reasonable on the balance of the following considerations: • The site is in the immediate vicinity of high density

commercial and residential development, including high rise apartment buildings within 400m of the site for which it is reasonably anticipated that patronage will be primarily in the form of walk-in trade;

• The site is centrally located within the North Sydney CBD which has excellent access to high frequency train and bus services, with North Sydney station approximately 320m walking distance from the site;

• The non-allocation of customer parking, in conjunction with the provision of secure bicycle parking is consistent with strategic objective of minimising private car usage and to facilitate use of public and active transport modes, particularly in the CBD, and in accordance with DCP parking objectives O2 & O3 in section B10.2 and character statement provision C2.1.2 P9.

To the extent that any supermarket customer parking is

envisaged, the submitted information is inadequate and insufficient for Council to properly assess the traffic and parking impacts of such a facility. In particular, the provision of on-site parking may result in trip generation from a regional supermarket catchment including Milsons Point, Kirribilli, McMahons Point, Lavender Bay and Waverton, which are not currently serviced by a supermarket with customer parking (Figure 12), with associated and potentially significant traffic impacts on the North Sydney CBD.



Complies Comments

Figure 12 – Provision of on-site customer parking may result in regional supermarket trip generation

from Milsons Point, Kirribilli, McMahons Point, Lavender Bay and Waverton


Yes (via condition)

It is noted that the application cannot rely on the continued operation of the existing public car park for retail customer parking as the public car park is an unauthorised use (as discussed in the Relevant History section in this report). Accordingly, a condition is recommended to require a separate DA to be lodged for any provision of on-site retail customer parking, including a traffic impact assessment that, at minimum, addresses the following: • Number of car spaces to be allocated to retail use; • Customer catchment area for a regional supermarket; • Traffic volumes and generation associated with

supermarket; • Impacts on existing traffic and street parking; • Details of supermarket parking restrictions such as time

limits and validation of parking ticket; and • Access control and separation of retail users from other

users of the car park.


Yes (via condition)

Furthermore, it is recommended (via condition) that the directional signage at the driveway entry be amended to read “Coles Deliveries Only – No Customer Parking” to ensure that retail parking is not provided until such time as an assessment has been conducted and any approval granted.



Complies Comments

Yes Accessible parking Accessible parking spaces, lifts and other facilities will be provided, as shown on the submitted drawings and outlined in the submitted Accessibility Report.

Yes (via condition)

Motorcycle parking At least 23 motorcycle parking spaces are required for the site, being 229 car spaces at the rate of 1 motorcycle space per 10 car spaces, in accordance with section B10.2 P12 and the minimum dimensions of 1.2m x 3m specified in section B10.3 P4. A condition is recommended to this effect.

Design & layout Yes The proposed changes to the existing car park will provide for accessible parking, loading dock for suitably sized truck, and manoeuvring space capable of complying relevant Australian Standards.

Stacking of parking spaces Yes (no change)

The proposed supermarket and retail tenancies will not change the configuration or use of existing stacked parking in basement levels B2 to B5.

Loading & unloading Yes A loading dock 40m2 in area will be provided near the vehicular entry point to the site at Little Walker Street level B1, to cater for the following: • 7.7m long rigid pallet trucks (and up to 3m high) which

form part of the supermarket fleet; and • Waste collection vehicles up to 6.4m long and 2.83m

high. The submitted swept path diagrams indicate that these vehicles are capable of entering and exiting the site in a forward direction (Figure 13). It is noted in the submitted Traffic Assessment that an Austroads Medium Rigid Vehicle (8.8m design vehicle) has been conservatively adopted for the purpose of the turning circle analysis. A condition is recommended to ensure access and egress in a forward direction and single movement into and out of the site onto Little Walker Street.



Complies Comments

Figure 13 – Turning circle analysis for loading dock at Lt Walker Street

Bicycle parking & associated facilities

Yes The proposed secure bicycle parking for 33 spaces is commensurate with the proposed additional floor space within the site, as shown in the table below. The parking and associated facilities, including lockers, and showers, will encourage bicycle use as an environmentally beneficial form of transport, in accordance with section B10.5 of the DCP.

GFA Minimum bicycle parking Proposed

Commercial + 66m2 @ 1/150m2 = 0 employee spaces @ 1/400m2 = 0 visitor spaces 33 spaces

Retail + 399m2 @ 1/25m2 = 16 employee spaces @ 2+1/100m2 > 100m2 = 5 visitor spaces

Total + 465m2 21 spaces (min) 33 spaces

Eight (8) visitor bicycle parking spaces are recommended (via condition) on advice of Council’s Traffic Planning section, to provide for convenient on-street parking, including for supermarket patrons.

Green travel plans Yes (via condition)

A condition is recommended for the preparation and implementation of a green travel plan, as recommended by Council’s Transport Planning section.

SECTION 94 CONTRIBUTIONS The development would result in the creation of new commercial floor space; accordingly section 94 contributions apply. In accordance with Council’s Fees and Charges Schedule 2014/15, the contribution amount for the commercial development is $60,247.73, as shown in the table below.


Section 94 Contr ibutions Commercial Administration $989.15 Child Care Facilities $4,188.02 Community Centres $2,411.54 Library Acquisition $491.78 Library Premises and Equipment $1,495.02 Multi Purpose Indoor Sports Facility $565.81 Olympic Pool $1,843.49 Open Space Acquisition $1,802.94 Open Space Increased Capacity $3,573.80 Public Domain Improvements $40,444.21 Traffic Improvements $2,441.95

Total Contr ibutions $60,247.73 ALL LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report. ENVIRONMENTAL APPRAISAL CONSIDERED 1. Statutory Controls Yes 2. Policy Controls Yes 3. Design in relation to existing building and Yes natural environment 4. Landscaping/Open Space Provision N/A 5. Traffic generation and Car parking provision Yes 6. Loading and Servicing facilities Yes 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues Yes 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979


SUBMITTERS CONCERNS The issues raised in the submissions are addressed below. (a) Parking

Comment

: It is reasonably anticipated that supermarket patronage will primarily be from walk-in trade by local residents and workers, given the context of the site, being in the North Sydney CBD, in immediate proximity to high density office worker and residential populations, and within 400m of a public transport hub.

The application is supported by Council’s Transport Planning section. The proposed non-allocation of customer parking is consistent with Council’s numeric controls and policy objectives of minimising motor traffic in North Sydney CBD and transitioning to more sustainable transport modes such as cycling. The non-allocation of supermarket customer parking will minimise its potential as a regional motor vehicle trip generator and associated impacts on the existing local street parking and network. A total of 33 bicycle parking spaces and 100 lockers will be provided, in accordance with Council’s policy and strategy of promoting use of sustainable transport. The provision of lockers caters to commuters who are occasional riders. The site has the capacity to provide for retail parking. A separate development application would need to be lodged providing details of the number of retail spaces, target retail catchment and volumes of traffic anticipated, access control and user restrictions.

(b) Hours of operation / deliveries Comment

: The proposal for 24-hour trading is consistent with Council’s adopted Late Night Trading Development Control Plan. Late night trading will provide retail diversity and night time activation for a neighbourhood use that does not involve on-premises service or consumption of alcohol. Deliveries and waste collection will be required to be conducted between 10pm and 6am, in accordance with Council’s policy. Supermarket deliveries will be coordinated by a logistics manager who will manage operations to avoid peak hour traffic conditions within the permitted delivery hours.

(c) Amenity of Little Walker Lane Comment

: The use of an existing driveway and car park entrance in the manner proposed is consistent with the nature of Little Walker Street which is a service laneway for buildings fronting onto Walker and Arthur Streets.

The safety of Little Walker Street Shared Zone will not be unreasonably impacted by the development as all vehicles will enter and leave in a forward direction and in single movement on Little Walker Street. Furthermore, drivers are required by law to observe the Shared Zone designation in Little Walker Street.


The outdoor dining area at the rear of 100 Arthur Street will not be unreasonably affected as it is offset diagonally from the existing car park entry to the site, separated by the roadway and motorcycle parking bays, and protected by a metal balustrade surrounding the alfresco area. General street lighting of Little Walker Street is beyond the scope of the subject development application.

(d) Retail diversity Comment

: The existing food court will be replaced with retail tenancies of varying sizes, including a speciality retail shops over two floors and a supermarket. Supermarkets are permissible in the B3 Commercial Core zone. The addition of a supermarket to the existing two operations in the North Sydney Centre will not lead to an excessive concentration of this type of retailing in the CBD, in particular, given that none will be “full line” supermarkets and one of the existing operations is within a shopping centre that has limited night time and weekend trading. While competition policy is beyond the jurisdiction of Council, it is noted that there the proposed supermarket is differentiated in terms of its location and hours of operation from other existing supermarkets.

(e) Pedestrian network / streetscape activation Comment

: The development will remove existing alcoves and bring the building line, including glass shop fronts, and retail and commercial entries, to the boundary alignment, thereby improving streetscape activation. The supermarket and small retail tenancies will service the local community of workers and residents who are anticipated to predominantly arrive on foot. The proposal will encourage street activity for longer periods during the day, more so than any food court operations which typically have peak trading at lunchtime.

CONCLUSION The development application has been assessed against the North Sydney Local Environmental Plan 2013 and North Sydney Development Control Plan 2013. The proposal complies with development standards and requirements for railway infrastructure for additional floor space in North Sydney Centre. The development achieves the objectives of the controls, and subject to conditions, will not result in any material amenity impacts on surrounding users, including in relation to traffic and parking, and loading and unloading. The issues raised by the submitters have been addressed in the report. Having regard to the provisions of Section 79C of the Environmental Planning & Assessment Act 1979, the application is considered to be satisfactory and therefore can be approved.


RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT the North Sydney Independent Planning Panel, under the delegation of the General Manager as the consent authority, grant consent to Development Application No. 283/14 for alterations and additions to podium levels to accommodate a supermarket, additional retail including a liquor store, reconfigured loading and parking areas, exterior works and associated signage, subject to the attached standard conditions and following site specific conditions: No retail parking

A4. No approval for any retail car parking within any part of the building/site is granted or

implied under this consent. The following measures must be installed and/or implemented in order to ensure compliance: (a) The lift in the north western corner of the site that services the ground and B1 levels

(indicated as retail lift “9” & “G” on the drawings) shall not be used by retail customers. Any use of the lift is to be by staff only and signposted to this effect. An electronic access control system shall be installed and implemented at all times to allow staff access only to the lift.

(b) Trolley bays shall not be installed or provided on any basement level of the building. (c) The proposed sign (“sign 3”) above the car park entry on Little Walker Street shall

be amended so as to read “Coles Deliveries Only – No Customer Parking”, affixed/installed prior to the issue of an Occupation Certificate, and displayed at all times.

The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.

(Reason: To ensure basement is not used as retail car park)

Separate DA for car park

A5. A separate development application is to be lodged for use and/or operation of the site for the purpose of any of the following: (a) Public car park; (b) Car park for supermarket customers; and (c) Any retail car parking.

Note

: Any such application is to be accompanied by detailed analysis of traffic generation, impact on on-street parking, on-site parking allocations to commercial and retail users, management of commercial and retail users, access restrictions, method of proof of supermarket patronage, as relevant)

(Reason: To allow for proper assessment of use of the car park)


Food premises

A6. A separate development application is to be lodged for use and fitout of the new and/or refurbished retail tenancies 2, 4 and/or 5, for any food premises. The application shall address the following:

(a) Compliance with Australian Standard AS4674 and the Building Code of

Australia; (b) Any requirement for a grease trap and compliance with the requirements of

Sydney Water; (c) Any requirement for mechanical exhaust ventilation and compliance with

Australian Standard AS1668; (d) Noise from any proposed plant and hours of operation.

(Reason: To allow for proper assessment of future use and to ensure compliance with

health and planning policies)

Car park design (RMS requirements)

C25. The car park must comply with the following:

(a) The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS2890.1-2004 and AS2890.2-2002 for heavy vehicle usage.

(b) The swept path of the longest vehicle (including garbage trucks) entering and exiting the subject site, as well as manouevrability through the site, shall be in accordance with AUSTROADS. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.

(Reason: Requirements of statutory authority)

Motorcycle parking

C26. A minimum of twenty-three (23) motorcycle parking spaces, or one motorcycle parking space per ten car spaces, shall be provided within the basement car parking level(s). Each motorcycle parking space must have minimum dimensions of 1.2m x 3m.


(Reason: Adequate provision of motorcycle parking)


Clear glazing

C27. The “colourback” application to the window glazing on the north eastern corner of the supermarket on ground level shall be limited to up to 1.1m above the finished floor level. The glazing is to be transparent and visually permeable above 1.1m.


(Reason: Visual permeability and streetscape amenity)

Signage

C28. The signage is to comply with the following:

(a) Awning fascia signs 1 & 2 are to be comprised of backlit individual lettering and/or logo. No approval is granted or implied for illuminated lightboxes on the awning fascia(s).

(b) Underawning signs 4 & 5 are to be slimline lightboxes with a maximum profile 450mm.


(Reason: Streetscape character and amenity)

Crime prevention – Systems

C29. The following requirements of the NSW Police shall be installed, maintained and/or implemented at all times during the operation of the premises:

(a) An electronic surveillance system shall be installed to provide maximum

surveillance of all areas of the business including entry/exits, service areas, corridors and areas where cash is either kept or handled. The system is to be capable of recording high-quality images of events. The recording equipment shall be locked away to reduce the likelihood of tampering. Monitors are to be placed in the store/office areas to allow staff to view all areas under camera surveillance;

(b) An intruder alarm system should be designed and installed to the Australian Standard – Domestic & Commercial Alarm Systems to enhance the physical security of the premises;

(c) Appropriate signage shall be erected inside and around the perimeter of the property to warn of security treatments in place (e.g., "This site is under 24 hour video surveillance”);

(d) The business name along with the street number should be clearly displayed and visible from the street;

(e) Doors should be of solid construction, and shall be fitted with quality deadlock sets that comply with the Building Code of Australia and Australian Standards – Lock Sets AS 4145;


(f) Windows within the business shall be of solid construction. These windows should be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS 4145. Glass within doors and windows shall be reinforced to restrict unauthorised access. The glass may be fitted with a shatter-resistant film or laminated to withstand physical attacks;

(g) The front window shall remain free of clutter and promotional material so as not to restrict sightlines into and out of the premises;

(h) Lighting in and around the development shall comply with Australian Standard AS 1158 and provide for adequate, uniform illumination. Any external lighting shall be of a “white light” source. Note that high or low pressure sodium “orange” lighting is not compatible with quality surveillance systems. Lighting shall be controlled from “Staff only” areas, away from public access. lf this is not possible, tamper-resistant switches are to be used. Luminaires (light covers) shall be designed to reduce opportunities for malicious damage. Internal after-hours security lighting shall provide adequate illumination to allow inspection by security patrols;

In relation to the licensed premises (liquor store)

:

(i) An In Venue CCTV system shall be operated in accordance with the Policies and Standards approved by the Director of Liquor and Gaming. The position of all surveillance cameras shall be made in consultation and agreement with the Commander, Harbourside Local Area Command or his or her delegate;

(j) All video equipment and cameras shall be of superior quality so as to facilitate identification of patrons, offenders and incidents occurring in and around the licensed premises. Each surveillance camera shall record at a minimum rate of ten (10) frames per second at a resolution of at least 640 pixels by 480 lines/pixels (refer to Licensed Premise CCTV Minimum Standards – Alcohol & Licensing Enforcement Command (AELC) available from NSW Police);

(Reason: Crime prevention and amenity)

Energy efficient lighting

C30. Any illuminated signage is to use LED or other energy-efficient technology.


(Reason: Energy efficiency)


Service adjustments

E19. Where required, the adjustment or inclusion of any new utility service facilities must be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Developer’s full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)

Sustainable travel plan (supermarket)

G9. A sustainable travel plan, prepared by a qualified traffic consultant or engineer, is to be submitted to Council for approval prior to the issue of the Occupation Certificate. The Plan is to encourage the use of active and/or non-private vehicle transport modes by the staff and customers of the supermarket, and must include the following:

a) Preparation, printing and distribution of Transport Access Guide(s) for supermarket

staff and customers. The Transport Access Guide is to be prepared by a suitably qualified sustainable transport consultant in accordance with examples available at: http://www.northsydney.nsw.gov.au/Projects_Infrastructure/Major_Projects/Woolworths_Alexander_St_car_park_Redevelopment;

b) A description of the location in context of alternative modes of transport and objectives for the sustainable travel plan;

c) A designated “manager” or “champion” responsible for coordination and implementation of the sustainable travel plan;

d) Staff “welcome packs” including provision of public transport maps, timetables and/or real time information of nearby services (including train, buses, ferries, cycling and walking routes);

f) Staff travel allowances as part of salary packages to encourage public transport use (where practicable);

g) Full details of other possible incentives and how they will be implemented; h) Details of bicycle parking facilities within the site and bicycle routes; i) Outline of sustainable travel plan funding (as relevant) and management

responsibilities, including ongoing monitoring and review; j) Details of annual reporting (as relevant); and k) Provisions for review of the Green Travel Plan annually.

(Reason: To minimise motor traffic generation and car parking demand)

Operation of the Loading Dock

I18. The operation of the loading dock is to be limited to the hours of 6am to 10pm on any given day of the week. The loading dock is not to receive or release vehicles during the hours of 10pm to 6am.




Activities may be conducted within the enclosed loading dock area between the hours of 10pm and 6am provided a solid imperforate roller door is installed to the loading dock and is closed between 10am and 6am.

(Reason: To maintain an appropriate level of amenity for adjoining land uses)

Crime prevention - Management

I19. The following requirements of the NSW Police are to be installed and/or implemented:

(a) All security systems, devices and other measures required to be installed by this consent shall be installed, maintained, operated, implemented and/or monitored at all times;

(b) All “Staff only” areas shall be clearly marked as such and physical barriers such as doors and gates are to be erected to prevent unauthorised entry;

(c) An efficient and secure Cash Collection and Storage system shall be implemented to minimise the risk of robbery offences and should include a safe designed and installed to the Australian Standards;

(d) Staff shall be provided with a secure area in which to store their personal effects whilst working;

(e) An emergency control and evacuation plan shall be implemented within the business. Management and staff shall be trained in the execution of the plan in emergency situations; and

(f) An employer shall ensure the health, safety and welfare at work of all the employees of the employer, in accordance with relevant legislation; and

(g) An employer shall ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer's undertaking while they are at the employer's place of work. In relation to the licensed premises (liquor store)

:

(k) The business authorised by the liquor licence shall not operate with a greater overall level of social impact on the wellbeing of the local and broader community than that which would be reasonably expected from the information contained in the Community lmpact Statement, application and other information submitted in the process of obtaining the liquor licence;

(l) The licensee must join and be an active participant in the local liquor accord; (m) The licensee shall ensure compliance with the Management Policies and

Strategies and House Policy Documents lodged with the lndependent Liquor and Gaming Authority and shall provide to the Authority copies of those documents as they are developed or updated from time to time.

(Reason: Crime prevention)


Shopfronts to be kept clear

I20. In order to maintain visibility to the shop interior, the area of any external glazing including all retail shopfronts 1.1m above finished floor level, must not be obscured by any of the following:

(a) signage, other than approved or exempt signs; (b) advertising displays, posters, painted signs, or decals that are fixed internally or

externally to the shopfront; (c) any opaque or semi-opaque application to glazing such as “colourback” and the

like; (d) video screens or the like; (e) shelving, racks, refrigeration units or the like at a height of 1.5m above finished

floor level, except as otherwise indicated on approved drawings; (f) blinds, curtains or the like.

A separate development application is to be lodged for any such signs or devices, except for exempt and complying development.

(Reason: To minimise visual clutter and maximise streetscape activation)

Signage content

I21. Signage content must relate to the use of the tenancy and products sold therein, and any advertising material must comply with the Code of Ethics of the Australian Association of National Advertisers and Outdoor Media Association. In particular, the content and materials must:

(a) The signs approved in this consent must be business identification signs that relate

only to tenant(s) in the building, and must not include any general advertising; (b) The content of underawning signs must relate to retail use of the site; (c) The advertising of alcohol products is not permitted, unless those products are sold

on the subject premises, and the content must not encourage unlawful purchase, excessive consumption of alcohol or promote anti-social behaviour.

(Reason: To mimimise visual clutter, ensure that signage relates to land use, and to

minimise the social impact of advertising in the public interest)

Vehicles to enter and exit in forward direction

I22. All vehicles, including vans, delivery vehicles and garbage collection vehicles must enter and exit the site in a forwards direction and involve a single manoeuvre only into or out of the driveway. Building management and/or the logistics manager must ensure only suitable vehicles and to ensure compliance with this requirement.

If this is not possible then use of the driveway shall cease until such time as an Operational Transport Management Plan, prepared by a qualified and practising traffic consultant or engineer, indicating how the loading dock will operate safely and effectively, giving priority to pedestrians, is submitted to and approved by Council.

(Reason: Road safety and efficiency)


Ongoing sustainable travel management

I23. The Sustainable Travel Plan, as approved by Council, shall be maintained and/or implemented at all times during the operation of the supermarket.

(Reason: To minimise parking and traffic impacts)

Susanna Cheng David Hoy SENIOR ASSESSMENT OFFICER TEAM LEADER ASSESSMENTS Stephen Beattie MANAGER ASSESSMENTS

September 2013 v1

NORTH SYDNEY COUNCIL CONDITIONS OF DEVELOPMENT APPROVAL

99 WALKER STREET, NORTH SYDNEY DEVELOPMENT APPLICATION NO. 283/14

A. Conditions that Identify Approved Plans Development in Accordance with Plans/documentation A1. The development must be carried out in accordance with the following drawings and

documentation and endorsed with Council’s approval stamp, except where amended by the following conditions of this consent.

Plan No. Issue Title Drawn by Received

Plan No. Issue Title Drawn by Received DA02 A Ground Floor Architectus 2/2/15 DA03 A Lower Ground Architectus 2/2/15 DA04 A B1 Architectus 2/2/15 DA05 B B2 Architectus 12/2/15 DA06 A B3 Architectus 2/2/15 DA07 A B4 Architectus 2/2/15 DA08 A B5 Architectus 2/2/15 DA09 9 Level 1 Architectus 28/8/14 DA10 7 Level 1 Mezzanine Architectus 28/8/14 DA11 A Level 2 Architectus 2/2/15 DA12 A West & North Elevations Architectus 2/2/15 DA13 A East Elevation Architectus 2/2/15 DA14 7 Section A Architectus 28/8/14 DA15 A Section B Architectus 2/2/15 DA16 7 Section C Architectus 28/8/14 DA17 A Section D Architectus 2/2/15 DA18 A Sections E & F Architectus 2/2/15 DA23 A GFA Architectus 2/2/15 DA24 1 Coles Tenancy Layout Plan Architectus 28/8/14 DA25 1 Liquorland Tenancy Layout

Plan Architectus 28/8/14

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

accordance with the determination of Council, Public Information) Plans on Site A2. A copy of all stamped approved plans, specifications and documents (including the

plans, specifications and documents submitted and approved with the Construction Certificate) must be kept on site at all times so as to be readily available for perusal by any officer of Council or the Principal Certifying Authority.

ATTACHMENT TO IPP01 - 01/04/2015

99 WALKER STREET, NORTH SYDNEY DEVELOPMENT APPLICATION NO. 283/14 Page 2 of 38

September 2013 v1

All documents kept on site in accordance with this condition must be provided to any officer of the Council or the certifying authority upon their request.

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

accordance with the determination of Council, Public Information and to ensure ongoing compliance)

No Demolition of Extra Fabric A3. Alterations to, and demolition of the existing building shall be limited to that

documented on the approved plans.

(Reason: To ensure compliance with the approved development) No retail parking

A4. No approval for any retail car parking within any part of the building/site is granted or

implied under this consent. The following measures must be installed and/or implemented in order to ensure compliance: (a) The lift in the north western corner of the site that services the ground and B1

levels (indicated as retail lift “9” & “G” on the drawings) shall not be used by retail customers. Any use of the lift is to be by staff only and signposted to this effect. An electronic access control system shall be installed and implemented at all times to allow staff access only to the lift.

(b) Trolley bays shall not be installed or provided on any basement level of the building.

(c) The proposed sign (“sign 3”) above the car park entry on Little Walker Street shall be amended so as to read “Coles Deliveries Only – No Customer Parking”, affixed/installed prior to the issue of an Occupation Certificate, and displayed at all times.


(Reason: To ensure basement is not used as retail car park)

Separate DA for car park

A5. A separate development application is to be lodged for use and/or operation of the site for the purpose of any of the following: (a) Public car park; (b) Car park for supermarket customers; and (c) Any retail car parking.



September 2013 v1

Note

: Any such application is to be accompanied by detailed analysis of traffic generation, impact on on-street parking, on-site parking allocations to commercial and retail users, management of commercial and retail users, access restrictions, method of proof of supermarket patronage, as relevant)

(Reason: To allow for proper assessment of use of the car park) Food premises

A6. A separate development application is to be lodged for use and fitout of the new

and/or refurbished retail tenancies 2, 4 and/or 5, for any food premises. The application shall address the following:

(a) Compliance with Australian Standard AS4674 and the Building Code of

Australia; (b) Any requirement for a grease trap and compliance with the requirements of

Sydney Water; (c) Any requirement for mechanical exhaust ventilation and compliance with

Australian Standard AS1668; (d) Noise from any proposed plant and hours of operation.

(Reason: To allow for proper assessment of future use and to ensure compliance

with health and planning policies) B. Ancillary Matters to be Completed Prior to Issue of a Construction Certificate Construction Management Program – Local Traffic Committee Approval B1. A Construction Management Program prepared by a suitably qualified and

experienced traffic consultant must be submitted and approved in writing by North Sydney Traffic Committee PRIOR TO THE ISSUE OF ANY Construction Certificate. Any use of Council property will require appropriate approvals prior to any work commencing. At a minimum, the Construction Management Program must specifically address the following matters:

a) A plan view (min 1:100 scale) of the entire site and frontage roadways

indicating: i. Dedicated temporary construction site driveway entrances and exits,

controlled by a certified traffic controller, to safely manage pedestrians and construction related vehicles in the frontage roadways and footways;

ii. The proposed signage for pedestrian management to comply with the relevant Australian Standards, including pram ramps;

iii. Turning areas within the site for construction and spoil removal vehicles, allowing a forward egress for all construction vehicles on the site;

iv. The locations of any proposed Work Zones in the frontage roadways (to be approved by Council’s Traffic Committee);



September 2013 v1

v. Locations of hoardings proposed; vi. Location of any proposed crane standing areas; vii. A dedicated unloading and loading point within the site for all

construction vehicles, plant and deliveries; viii. Material, plant and spoil bin storage areas within the site, where all

materials are to be dropped off and collected; and ix. The provision of an on-site parking area for employees, tradesperson and

construction vehicles as far as possible.

b) A detailed heavy vehicle access route map through the Council area to Arterial Roads. Provision is to be made to ensure through traffic is maintained at all times.

c) The proposed phases of works on the site, and the expected duration of each

phase.

d) How access to neighbouring properties will be maintained at all times and the proposed manner in which adjoining property owners will be kept advised of the timeframes for completion of each phase of process.

e) The road is not to be used as a waiting area for trucks delivering to or awaiting

pick up of materials.

f) The proposed method of support to any excavation adjacent to adjoining properties, or the road reserve. The proposed method of support is to be designed and certified by an appropriately qualified and practising structural engineer and must not involve any permanent or temporary encroachment onto Councils property.

g) Proposed protection for Council and adjoining properties. Details are to

include site fencing and the provision of “B” class hoardings over footpaths and laneways.

h) A Waste Management Plan. The Waste Management Plan must include, but

not be limited to, the estimated volume of waste and method of disposal for the construction and operation phases of the development, design of on-site waste storage and recycling area and administrative arrangements for waste and recycling management during the construction process.

All traffic control work and excavation, demolition and construction activities must be undertaken in accordance with the approved Construction Management Program and any conditions attached to the approved Program. A certificate of compliance with this condition must be obtained from Council’s development engineers. The certificate and the approved Construction Management Program must be submitted as part of the documentation lodged with the application for approval of a construction certificate. A copy of the approved Construction Management Program and any conditions imposed on that Program, must be kept on the site at all times and made available to any officer of Council upon request.



September 2013 v1

Notes: 1) North Sydney Council’s adopted fee for certification of compliance with this

condition shall be payable on lodgement, or in any event, prior to the issue of the relevant approval.

2) Any use of Council property will require appropriate approvals and demonstration of liability insurances prior to such work commencing.

3) Failure to provide complete and detailed information may result in delays. It is recommended that your Construction Management Plan be lodged with Council as early as possible, as a minimum six (6) weeks notice is required to refer items to the Traffic Committee.

4) Dependent on the circumstances of the site, Council may request additional information to that detailed above.

(Reason: To ensure appropriate measures have been considered for site access,

storage and the operation of the site during all phases of the demolition process in a manner that respects adjoining owner’s property rights and residential amenity in the locality, without unreasonable inconvenience to the community)

C. Prior to the Issue of a Construction Certificate Dilapidation Report Damage to Public Infrastructure

C1. A dilapidation survey and report (including photographic record) must be prepared by

a suitably qualified consultant which details the pre-developed condition of the existing public infrastructure in the vicinity of the development site. Particular attention must be paid to accurately recording any pre-developed damaged areas so that Council is fully informed when assessing any damage to public infrastructure caused as a result of the development. A copy of the dilapidation survey and report is to be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The developer may be held liable for all damage to public infrastructure in the vicinity of the site, where such damage is not accurately recorded and demonstrated as pre-existing under the requirements of this condition.

The developer shall bear the cost of carrying out works to restore all public infrastructure damaged as a result of the carrying out of the development, and no occupation of the development shall occur until damage caused as a result of the carrying out of the development is rectified. A copy of the dilapidation survey and report must be lodged with North Sydney Council by the Certifying Authority with submission of the Construction Certificate documentation. (Reason: To record the condition of public infrastructure prior to the

commencement of construction)



September 2013 v1

Dilapidation Survey Private Property (Neighbouring Buildings) C2. A photographic survey and dilapidation report of adjoining property No.83 Walker

Street, North Sydney detailing the physical condition of that property within the zone of influence of the proposed works adjacent the southern boundary of the site, including new service hoists, fire stair, and infill office space on level 1. The dilapidation report is to include, but not limited to, such items as walls, ceilings, roof, structural members and other similar items. The survey and report is to be prepared by an appropriately qualified person agreed to by both the applicant and the owner of the adjoining property. The report SHALL BE submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. A copy of the report is to be provided to Council, if Council is not the Certifying Authority, prior to the issue of any Construction Certificate.

All costs incurred in achieving compliance with this condition shall be borne by the person entitled to act on this Consent.

In the event that access for undertaking the photographic survey and dilapidation report is denied by an adjoining owner, the applicant MUST DEMONSTRATE, in writing, to the satisfaction of Council that all reasonable steps have been taken to obtain access and advise the affected property owner of the reason for the survey and that these steps have failed. Written concurrence must be obtained from Council in such circumstances.

Note: This documentation is for record keeping purposes only, and may be used by

an applicant or affected property owner to assist in any action required to resolve any dispute over damage to adjoining properties arising from the works. It is in the applicant’s and adjoining owner’s interest for it to be as full and detailed as possible.

(Reason: Proper management of records)

Structural Adequacy of Existing Building C3. A report prepared by an appropriately qualified and practising structural engineer,

certifying the structural adequacy of the property and its ability to withstand the proposed additional, or altered structural loads during all stages of construction shall be submitted to the Certifying Authority for approval prior to issue of any Construction Certificate. The certified report must also include all details of the methodology to be employed in construction phases to achieve the above requirements. The methodology in the certified report must be complied with at all times.

(Reason: To ensure the structural integrity of the building is maintained)



September 2013 v1

Waste Management Plan C4. A Waste Management Plan is to be submitted for approval by the Certifying Authority

prior to the issue of any Construction Certificate. The plan must include, but not be limited to:

a) The estimated volume of waste and method of disposal for the construction

and operation phases of the development; b) The design of the on-site waste storage and recycling area; and c) Administrative arrangements for waste and recycling management during the

construction process.

The approved Waste Management Plan must be complied with at all times in the carrying out of the development. (Reason: To encourage the minimisation of waste and recycling of building

waste) External Colours and Finishes C5. The external colours and finishes shall match those as existing and/ or be compatible

with surrounding development. A schedule of external colours and finishes must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure that the completed colours and finishes of the works are

compatible with surrounding development) Reflectivity Index of Glazing C6. The reflectivity index (expressed as a percentum of the reflected light falling upon any

surface) of external glazing for windows, walls or roof finishes of the proposed development is to be no greater than 20%. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

Note: The reflectivity index of glazing elements can be obtained from glazing

manufacturers. Glass with mirrored or reflective foil finishes is unlikely to achieve compliance with this requirement.

(Reason: To ensure that excessive glare or reflectivity nuisance from glazing

does not occur as a result of the development)



September 2013 v1

Work Zone C7. If a Work Zone is proposed, an application must be made to the North Sydney Local

Traffic Committee to install the ‘Work Zone’. A Work Zone permit is required to be issued by the Council prior to the issue of any Construction Certificate. Work Zones are provided specifically for the set down and pick up of materials and not for the parking of private vehicles associated with the site. Works Zones will generally not be approved where there is sufficient space on-site for the setting down and picking up of goods being taken to or from a construction site. If the Works Zone is approved by the Committee, the Applicant must obtain a written copy of the related resolution from the North Sydney Local Traffic Committee and submit a copy of this to the Certifying Authority to enable issue of the Construction Certificate.

Where approval of the ‘Work Zone’ is given by the Committee, the requirements of the Committee, including installation of the necessary ‘Work Zone’ signage and payment of any fees, must occur prior to commencement of any works on the site. Further, at the expiration of the Work Zone approval, the developer is required to remove the Work Zone signs and reinstate any previous signs, all at the developer's cost. The requirements imposed by the Committee on the Work Zone permit (or permits) must be complied with at all times.

(Reason: Amenity and convenience during construction)

Maintain Property Boundary Alignment Levels C8. Except where otherwise approved by Council, the property boundary alignment levels

must match the levels which existed prior to the commencement of works. Plans and specifications which document existing and proposed levels adjacent to the site boundaries and which comply with the requirements of this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure interface between property and public land remains uniform)

Bicycle Storage and Parking C9. Bicycle storage shall be provided in accordance with the following:

(a) Minimum of thirty-three (33) bicycles parking spaces within the site and

made available for use by on-site office workers and their visitors, and retail staff within the site; and



September 2013 v1

(b) Eight (8) bicycle parking racks/rails along the Walker Street frontage to the site, in accordance with the North Sydney Public Domain Style Manual. The design plan is to take into account pedestrian access and safety and the plan shall be approved by Council’s Manager, Traffic and Transport Operations prior to installation. The developer shall be responsible for funding the design plan and construction of the 8 bicycle racks/rails. The on-street bicycle parking shall be available at all times without charge for use by the general public.

The bicycle storage/parking shall be designed in accordance with the applicable Australian Standards. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To promote and provide facilities for alternative forms of transport)

Staff Shower & Change Facilities (Commercial and Mixed Use) C10. Shower and change facilities shall be provided and made accessible without charge to

staff who work in the building. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To promote and provide facilities for alternative forms of transport)

Bond for Damage and Completion of Infrastructure Works – Stormwater, Kerb and Gutter, Footpaths, Vehicular Crossing and Road Pavement C11. Prior to the issue of any Construction Certificate, security deposit or bank guarantee

must be provided to Council to the sum of $366,000.00 to be held by Council for the payment of cost for any/all of the following: a) making good any damage caused to any property of the Council as a

consequence of the doing of anything to which this consent relates, b) completing any public work (such as road work, kerbing and guttering,

footway construction, stormwater drainage and environmental controls) required in connection with this consent

c) remedying any defects in any such public work that arise within 6 months after

the work is completed. The security in accordance with the schedule contained later in these conditions and must be provided by way of a deposit with the Council; or a guarantee satisfactory to Council (such as a satisfactory bank guarantee).


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September 2013 v1

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate or completion of public work required to be completed (whichever is the latest) but only upon inspection and release by Council’s Engineers. Council shall have full authority to make use of the bond for such restoration works as deemed necessary by Council in circumstances including the following: - • where the damage constitutes a hazard in which case Council may make use of

the security immediately; • the applicant has not repaired or commenced repairing damage within 48 hours

of the issue by Council in writing of instructions to undertake such repairs or works;

• works in the public road associated with the development are to an unacceptable quality; and

• the Certifying Authority must ensure that security is provided to North Sydney Council prior to issue of any Construction Certificate.

(Reason: To ensure appropriate security for works on public land and an

appropriate quality for new public infrastructure) Tree Bond for Public Trees C12. Prior to the issue of any construction certificate, security in the sum of $20,000.00

must be provided to Council for the protection of trees in public places, including the making good of any damage caused to such trees. The security is to be provided in accordance with the Schedule below. The security must be provided by way of:

a deposit with the Council; or

a guarantee satisfactory to Council (such as a satisfactory bank guarantee).

The security will be refundable following the expiration of 6 months from the issue of any final Occupation Certificate but only upon inspection and release by Council's Landscape Development Officer.

If any tree is removed or damaged Council may deduct from this security the reasonable cost of replacement with a tree of the same species and to a similar stage of growth it would have attained at the completion of the work.

In the case of any tree, which cannot be replaced with a similar specimen, the security for that tree will be forfeited to Council and used to provide replacement street plantings.



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SCHEDULE

2 x street trees at the Walker Street frontage of the site 2 x street trees at the Mount Street frontage of the site

(Reason: Protection of existing environment public infrastructure, community

assets and significant trees) Cleanliness and Maintenance of Food Preparation Areas C13. To ensure that adequate provision is made for the cleanliness and maintenance of all

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

a) the Food Act 2003; b) the Food Regulation; c) the relevant Australian Standards; d) Council’s Food Premises Code; e) Sydney Water Corporation - Trade Waste Section; f) the Protection of the Environment Operations Act and associated Regulations;

and g) the Building Code of Australia.

Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Construction Certificate plans and documentation must incorporate details of the following: -

a) construction, materials and finishes; b) installation of fixtures, fittings and equipment; c) washing facilities, other facilities and special requirements; d) mechanical ventilation and exhaust discharges; and e) temperature control

The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure compliance with acceptable standards for the construction of

food premises established under environmental health and safety legislation)



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Garbage and Recycling Facilities C14. Adequate provision must be made for the storage of waste and recyclable material

generated by the premises. Plans and specifications which comply with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To ensure the provision of appropriate waste facilities and to ensure

efficient collection of waste by collection contractors) Noise from Plant and Equipment C15. The use of all plant and equipment installed on the premises must not:

(a) Contribute an LAeq(15min) which will cause the total LAeq(15min) from all plant and equipment operating contemporaneously on the site or in the strata scheme or in the mixed strata schemes to exceed the RBL by more than 5dB when measured at the boundary of any affected receiver . The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.

(b) Cause “offensive noise” as defined in the Protection of the Environment Operations Act 1997.

“affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship, commercial premises and parks and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected receiver. Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To maintain an appropriate level of amenity for adjoining land uses)

Vibration from Plant and Equipment C16. The use of all plant and equipment to be installed on the premises must comply with

the vibration limits specified in “Assessing Vibration: a technical guideline” issued by the NSW Environment Protection Authority, at the boundary of any affected receiver.



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A certificate from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants must be submitted to the Certifying Authority, certifying that all plant and equipment on the site, together with the proposed plant and equipment, operating contemporaneously will comply with the requirements of this condition. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. “affected receiver” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation, schools, hospitals, places of worship and commercial premises and such other affected receiver as may be notified by the Council in writing. “boundary” includes any window or elevated window of an affected residence. “contemporaneously” means existing at or occurring in the same period of time (Macquarie Dictionary 3rd rev. ed. 2004).


Acoustic Privacy (Residential Apartments) C17. Noise levels in sole occupancy units of residential apartments must not exceed the

following:

Location Maximum Habitable Rooms other than Sleeping Areas 40 LAeq (1hr) Sleeping Areas 35 LAeq (1hr)

The “Maximum” limits are to apply in any hour of a 24 hour period with the windows of the sole occupancy unit closed.

“habitable room” has the same meaning as in the Building Code of Australia

A floor separating sole occupancy units shall have a weighted standardised impact sound pressure level L’nT,w not more than 45dB when measured in-situ in accordance with AS ISO 140.7-2006 “Field measurements of impact sound insulation of floors" and rated to AS ISO 717.2-2004 “Rating of sound insulation in buildings and of building elements. Part 2: Impact sound insulation”. This clause shall not apply to the floor of a kitchen, bathroom, toilet or laundry in a residential sole occupancy unit.

Mechanical equipment such as lift plant, air conditioning plant servicing the building and pumps shall not be located immediately adjacent bedrooms.



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A statement from an appropriately qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants, certifying that the acoustic mitigation measures outlined above have been satisfied, must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate.

(Reason: To comply with best practice standards for residential acoustic amenity)

Noise from use of loading dock C18. The use of the loading dock shall not cause an LAeq(15min) which exceeds the RBL

by more than: (a) 5dB between the hours of 6:00am and 10:00pm; and, (b) 0dB between the hours of 10:00pm and 6:00am on the following day

when measured at the boundary of any affected residence. The modifying factor adjustments in Section 4 of the EPA Industrial Noise Policy shall be applied.

“affected residence” includes residential premises (including any lot in the strata scheme or another strata scheme), premises for short-term accommodation and hospitals.

“boundary” includes any window or elevated window of an affected residence.

Terms in this condition have the same meaning as in the Noise Guide for Local Government and the Industrial Noise Policy published by the NSW Environment Protection Authority. (Reason: To comply with best practice standards for residential acoustic

amenity)

Noise and Vibration Compliance Certification Prior to Issue of Construction Certificate C19. A certificate from an appropriately qualified acoustical consultant eligible for

membership of the Association of Australian Acoustic Consultants, certifying that suitable measures have been incorporated into the development and that the noise criteria contained in the conditions herein have been satisfied, must be provided to the Certifying Authority for approval prior to the issue of any Construction Certificate.

The Principal Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition. (Reason: To maintain an appropriate level of amenity for adjoining land uses)



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Mechanical Exhaust Ventilation C20. A statement from an appropriately qualified and practising Mechanical Engineer is

required detailing how the exhaust ventilation system will be installed in accordance with AS1668. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure compliance with acceptable standards for the construction

and operation of mechanical plant) Provision of Accessible Paths of Travel C21. The building must be designed and constructed to provide access and facilities in

accordance with the Building Code of Australia and Disability (Access to Premises – Buildings) Standards 2010. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

Notes: 1. If, in complying with this condition, amendments to the development are

required, the design changes must be submitted for the approval of Council prior to a Construction Certificate being issued. Approval of a modification application may be required.

2. It is not within Council’s power to set aside National legislation which requires the upgrade of buildings to meet modern access standards. Such decisions remain the jurisdiction of the Building Professionals Board Access Advisory Committee who may grant an exemption in certain exceptional circumstances.

3. Information on making an application for an “unjustifiable hardship exemption” under the accessibility standards can be found in the website of the NSW Building Professional Boards at http://www.bpb.nsw.gov.au/page/premises-standards

(Reason: To ensure the provision of equitable and dignified access for all people

in accordance with disability discrimination legislation and relevant Australian Standards)

Section 94 Contributions C22. A monetary contribution pursuant to the provisions of Section 94 of the

Environmental Planning and Assessment Act 1979, in accordance with the North Sydney Council Section 94 Contribution Plan for the public amenities/ services detailed in column A below and, for the amount detailed in column B below, must be paid to Council.


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A B ($) Administration $989.15 Child Care Facilities $4,188.02 Community Centres $2,411.54 Library Acquisition $491.78 Library Premises & Equipment $1,495.02 Multi Purpose Indoor Sports Facility $565.81 Open Space Acquisition $1,802.94 Open Space Increased Capacity $3,573.80 Olympic Pool $1,843.49 Public Domain Improvements $40,444.21 Traffic Improvements $2,441.95 The total contribution is $60,247.73

The contribution MUST BE paid prior issue of any Occupation Certificate. The above amount, will be adjusted for inflation by reference to the Consumer Price (All Ordinaries) Index applicable at the time of the payment of the contribution. A copy of the North Sydney Section 94 Contribution Plan can be viewed at North Sydney Council’s Customer Service Centre, 200 Miller Street, North Sydney or downloaded via Council’s website at www.northsydney.nsw.gov.au (Reason: To retain a level of service for the existing population and to provide

the same level of service to the population resulting from new development)

Security Deposit/ Guarantee Schedule C23. All fees and security deposits/ guarantees in accordance with the schedule below must

be provided to Council prior to the issue of any Construction Certificate:

Security deposit/ guarantee Amount ($) Street Tree Bond (on Council Property) $20,000.00 Footpath Damage Bond $366,000.00 TOTAL BONDS $386,000.00

(Reason: Compliance with the development consent)

Under Awning Sign C24. Any under awning sign must be erected approximately horizontal to the ground and be

at no point less than 2.6m from the ground. Plans and specifications complying with this condition must be submitted to the Certifying Authority for approval prior to the issue of any Construction Certificate. The Certifying Authority must ensure that the building plans and specifications submitted, referenced on and accompanying the issued Construction Certificate, fully satisfy the requirements of this condition.

(Reason: To ensure adequate head clearance for pedestrian safety)



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Car park design (RMS requirements)

C25. The car park must comply with the following:

(a) The layout of the proposed car parking areas associated with the subject development (including driveways, grades, turn paths, sight distance requirements, aisle widths, aisle lengths, and parking bay dimensions) should be in accordance with AS2890.1-2004 and AS2890.2-2002 for heavy vehicle usage.

(b) The swept path of the longest vehicle (including garbage trucks) entering and exiting the subject site, as well as manouevrability through the site, shall be in accordance with AUSTROADS. The Certifying Authority must ensure that the building plans and specifications submitted by the Applicant, referenced and accompanying the issued Construction Certificate, fully satisfy the above.

(Reason: Requirements of statutory authority)

Motorcycle parking

C26. A minimum of twenty-three (23) motorcycle parking spaces, or one motorcycle parking space per ten car spaces, shall be provided within the basement car parking level(s). Each motorcycle parking space must have minimum dimensions of 1.2m x 3m.


(Reason: Adequate provision of motorcycle parking)

Clear glazing

C27. The “colourback” application to the window glazing on the north eastern corner of the supermarket on ground level shall be limited to up to 1.1m above the finished floor level. The glazing is to be transparent and visually permeable above 1.1m.


(Reason: Visual permeability and streetscape amenity)



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Signage

C28. The signage is to comply with the following:

(a) Awning fascia signs 1 & 2 are to be comprised of backlit individual lettering and/or logo. No approval is granted or implied for illuminated lightboxes on the awning fascia(s).

(b) Underawning signs 4 & 5 are to be slimline lightboxes with a maximum profile 450mm.


(Reason: Streetscape character and amenity)

Crime prevention – Systems

C29. The following requirements of the NSW Police shall be installed, maintained and/or implemented at all times during the operation of the premises:

(a) An electronic surveillance system shall be installed to provide maximum

surveillance of all areas of the business including entry/exits, service areas, corridors and areas where cash is either kept or handled. The system is to be capable of recording high-quality images of events. The recording equipment shall be locked away to reduce the likelihood of tampering. Monitors are to be placed in the store/office areas to allow staff to view all areas under camera surveillance;

(b) An intruder alarm system should be designed and installed to the Australian Standard – Domestic & Commercial Alarm Systems to enhance the physical security of the premises;

(c) Appropriate signage shall be erected inside and around the perimeter of the property to warn of security treatments in place (e.g., "This site is under 24 hour video surveillance”);

(d) The business name along with the street number should be clearly displayed and visible from the street;

(e) Doors should be of solid construction, and shall be fitted with quality deadlock sets that comply with the Building Code of Australia and Australian Standards – Lock Sets AS 4145;

(f) Windows within the business shall be of solid construction. These windows should be fitted with quality window lock sets that comply with the Australian Standards – Lock Sets AS 4145. Glass within doors and windows shall be reinforced to restrict unauthorised access. The glass may be fitted with a shatter-resistant film or laminated to withstand physical attacks;

(g) The front window shall remain free of clutter and promotional material so as not to restrict sightlines into and out of the premises;



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(h) Lighting in and around the development shall comply with Australian Standard AS 1158 and provide for adequate, uniform illumination. Any external lighting shall be of a “white light” source. Note that high or low pressure sodium “orange” lighting is not compatible with quality surveillance systems. Lighting shall be controlled from “Staff only” areas, away from public access. lf this is not possible, tamper-resistant switches are to be used. Luminaires (light covers) shall be designed to reduce opportunities for malicious damage. Internal after-hours security lighting shall provide adequate illumination to allow inspection by security patrols;

In relation to the licensed premises (liquor store):

(i) An In Venue CCTV system shall be operated in accordance with the Policies

and Standards approved by the Director of Liquor and Gaming. The position of all surveillance cameras shall be made in consultation and agreement with the Commander, Harbourside Local Area Command or his or her delegate;

(j) All video equipment and cameras shall be of superior quality so as to facilitate identification of patrons, offenders and incidents occurring in and around the licensed premises. Each surveillance camera shall record at a minimum rate of ten (10) frames per second at a resolution of at least 640 pixels by 480 lines/pixels (refer to Licensed Premise CCTV Minimum Standards – Alcohol & Licensing Enforcement Command (AELC) available from NSW Police);

(Reason: Crime prevention and amenity)

Energy efficient lighting

C30. Any illuminated signage is to use LED or other energy-efficient technology.


(Reason: Energy efficiency)

D. Prior to the Commencement of any Works (and continuing where indicated) Public Liability Insurance – Works on Public Land D1. Any person or contractor undertaking works on public land must take out Public Risk

Insurance with a minimum cover of $20 million in relation to the occupation of public land and the undertaking of approved works within Council’s road reserve or public land, as approved by this consent. The Policy is to note, and provide protection/full indemnification for North Sydney Council, as an interested party. A copy of the Policy must be submitted to Council prior to commencement of any works. The Policy must be valid for the entire period that the works are being undertaken.



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(Note: Applications for hoarding permits, vehicular crossings etc will require evidence of insurance upon lodgement of the application.)

(Reason: To ensure the community is protected from the cost of any claim for

damages arising from works on public land) Commencement of Works Notice

D2. Building work, demolition or excavation in accordance with this development consent

must not be commenced until the developer has given at least 2 days notice to North Sydney Council of the person’s intention to commence building work, demolition or excavation in accordance with this development consent.

(Reason: To ensure appropriate safeguarding measures are in place prior to the

commencement of any building work, demolition or excavation) E. During Demolition and Building Work Cigarette Butt Receptacle E1. A cigarette butt receptacle is to be provided on the site for the duration of

excavation/demolition/construction process, for convenient use of site workers.

(Reason: To ensure adequate provision is made for builders’ waste) Parking Restrictions

E2. Existing public parking provisions in the vicinity of the site must be maintained at all

times during works. The placement of any barriers, traffic cones, obstructions or other device in the road shoulder or kerbside lane is prohibited without the prior written consent of Council. Changes to existing public parking facilities/restrictions must be approved by the North Sydney Local Traffic Committee. The Developer will be held responsible for any breaches of this condition, and will incur any fines associated with enforcement by Council regulatory officers. (Reason: To ensure that existing kerbside parking provisions are not

compromised during works) Road Reserve Safety E3. All public footways and roadways fronting and adjacent to the site must be maintained

in a safe condition at all times during the course of the development works, with no obstructions caused to the said footways and roadways. Construction materials and plant must not be stored in the road reserve without approval of Council. A safe pedestrian circulation route and a pavement/route free of trip hazards must be maintained at all times on or adjacent to any public access ways fronting the construction site.



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Where public infrastructure is damaged, repair works must be carried out in when and as directed by Council officers (at full Developer cost). Where pedestrian circulation is diverted on to the roadway or verge areas, clear directional signage and protective barricades must be installed in accordance with AS1742-3 (1996) “Traffic Control Devices for Work on Roads”. If pedestrian circulation is not satisfactorily maintained across the site frontage, and action is not taken promptly to rectify the defects, Council may undertake proceedings to stop work.

(Reason: Public Safety)

Temporary Disposal of Stormwater Runoff E4. During construction, stormwater runoff must be disposed in a controlled manner that

is compatible with the erosion and sediment controls on the site. Immediately upon completion of any impervious areas on the site (including roofs, driveways, paving) and where the final drainage system is incomplete, the necessary temporary drainage systems must be installed to reasonably manage and control runoff as far as the approved point of stormwater discharge. Such ongoing measures must be to the satisfaction of the Certifying Authority.

(Reason: Stormwater control during construction)

Removal of Extra Fabric E5. Should any portion of the existing building, trees, or curtilage of the site which is

indicated on the approved plans to be retained be damaged for whatever reason, all the works in the area of the damaged portion are to cease and written notification of the damage is to be given to Council forthwith. No work is to resume until the written approval of Council to do so is obtained. Failure to comply with the provisions of this condition may result in the Council taking further action including legal proceedings if necessary.

(Reason: To ensure compliance with the terms of this development consent)

Dust Emission and Air Quality E6. The following must be complied with at all times:

(a) Materials must not be burnt on the site. (b) Vehicles entering and leaving the site with soil or fill material must be

covered. (c) Dust suppression measures must be carried out to minimise wind-borne

emissions in accordance with the NSW Department of Housing’s 1998 guidelines - Managing Urban Stormwater: Soils and Construction.



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(d) Odour suppression measures must also be carried out where appropriate so as to prevent nuisance occurring at adjoining properties.

(Reason: To ensure residential amenity is maintained in the immediate vicinity)

Noise and Vibration E7. The works must be undertaken in accordance with the “Interim Construction Noise

Guideline” published by the NSW Environment Protection Authority, to ensure excessive levels of noise and vibration do not occur so as to minimise adverse effects experienced on any adjoining land.

(Reason: To ensure residential amenity is maintained in the immediate vicinity) Developer's Cost of Work on Council Property E8. The developer must bear the cost of all works associated with the development that

occurs on Council’s property, including the restoration of damaged areas.

(Reason: To ensure the proper management of public land and funds) No Removal of Trees on Public Property E9. No trees on public property (footpaths, roads, reserves, etc.) unless specifically

approved by this consent shall be removed or damaged during construction including for the erection of any fences, hoardings or other temporary works.

(Reason: Protection of existing environmental infrastructure and community

assets) Special Permits E10. Unless otherwise specifically approved in writing by Council, all works, processes,

storage of materials, loading and unloading associated with the development must occur entirely on the property. The developer, owner or builder may apply for specific permits available from Council’s Customer Service Centre for the undermentioned activities on Council’s property. In the event that a permit is granted by Council for the carrying out of works, processes, storage of materials, loading and unloading associated with the development on Council's property, the development must be carried out in accordance with the requirements of the permit. A minimum of forty-eight (48) hours notice is required for any permit: -



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1) On-street mobile plant

Eg. cranes, concrete pumps, cherry-pickers, etc. - restrictions apply to the hours of operation, the area of operation, etc. Separate permits are required for each occasion and each piece of equipment. It is the developer's, owner’s and builder’s responsibilities to take whatever steps are necessary to ensure that the use of any equipment does not violate adjoining property owner’s rights.

(Reason: Proper management of public land)

2) Hoardings

Permits are required to erect Class A and Class B hoardings. If an ‘A’ Class hoarding is to alienate a section of Council’s property, that section will require a permit for the occupation of Council’s property.


3) Storage of building materials and building waste containers (skips) on

Council’s property

Permits to utilise Council property for the storage of building materials and building waste containers (skips) are required for each location. Failure to obtain the relevant permits will result in the building materials or building waste containers (skips) being impounded by Council with no additional notice being given. Storage of building materials and waste containers on open space reserves and parks is prohibited.


4) Kerbside restrictions, construction zones

Attention is drawn to the existing kerbside restrictions adjacent to the development. Should alteration of existing kerbside restrictions be required, or the provision of a construction zone, the appropriate application must be made and the fee paid to Council. Alternatives to such restrictions may require referral to Council’s Traffic Committee and may take considerable time to be resolved. An earlier application is suggested to avoid delays in construction programs.


Construction Hours E11. Building construction and works must be restricted to within the hours of 7.00 am to

5.00 pm Monday to Friday and on Saturday to within the hours of 8.00 am to 1.00 pm inclusive, with no work on Sundays and Public Holidays.



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Demolition and excavation works must be restricted to within the hours of 8.00 am to 5.00 pm Monday to Friday only. For the purposes of this condition: a) “Building construction” means any physical activity on the site involved in the

erection of a structure, cladding, external finish, formwork, fixture, fitting of service installation and the unloading of plant, machinery, materials or the like.

b) “Demolition works” means any physical activity to tear down or break up a

structure (or part thereof) or surface, or the like, and includes the loading of demolition waste and the unloading of plant or machinery.

c) “Excavation work” means the use of any excavation machinery and the use of

jackhammers, rock breakers, excavators, loaders, or the like, regardless of whether the activities disturb or alter the natural state of the existing ground stratum or are breaking up/removing materials from the site and includes the unloading of plant or machinery associated with excavation work.

All builders, excavators must display, on-site, their twenty-four (24) hour contact telephone number, which is to be clearly visible and legible from any public place adjoining the site.

(Reason: To ensure that works do not interfere with reasonable amenity

expectations of residents and the community) Out of Hours Work Permits E12. Where it is necessary for works to occur outside those hours allowed by these

conditions, an application may be made to Council's Customer Services Centre for a permit to carry out works outside of the approved hours. If a permit is issued the works approved must be carried out in accordance with any requirements specified in the permit. Permits will only be approved if public safety is at risk. Applications which seek a variation to construction hours solely to benefit the developer will require the lodgement and favourable determination of a modification application pursuant to the provisions of Section 96 of the Environmental Planning and Assessment Act 1979.

Notes: 1) Failure to obtain a permit for work outside of the approved hours will result in

on the spot fines being issued, or Council pursuing any action required (including legal proceedings) to have the out of hours work cease, without prior warning.

2) Applications for out of hour’s works should be lodged with Council no later than seven (7) calendar days prior to the date of the intended works.

3) Examples of activities for which permits may be granted include: • the erection of awnings,



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• footpath, road and other infrastructure works which can not be carried out for public convenience reasons within normal hours,

• the erection and removal of hoardings and site cranes, and • craneage of materials which cannot be done for public convenience

reasons within normal working hours.

4) Examples of activities for which permits WILL NOT be granted include; • extended concrete pours • works which are solely to convenience the developer or client, and • catch up works required to maintain or catch up with a construction

schedule.

5) Further information on permits can be obtained from the Council website at www.northsydney.nsw.gov.au.

(Reason: To ensure that works do not interfere with reasonable amenity

expectations of residents and the community) Installation and Maintenance of Sediment Control E13. Erosion and sediment controls must be installed and maintained at all times in

accordance with the Sediment and erosion control plan submitted and approved with the Construction Certificate. Erosion and sediment measures must be maintained in accordance with the publication Managing Urban Stormwater: Soils & Construction (4th edition, Landcom, 2004), commonly referred to as the “Blue Book” and can only be removed when development activities have been completed and the site fully stabilised.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites) Sediment and Erosion Control Signage E14. A durable sign must be erected during building works in a prominent location on site,

warning of penalties should appropriate erosion and sedimentation control devices not be maintained. A sign of the type referred to in this condition is available from Council.

(Reason: To protect the environment from the effects of sedimentation and

erosion from development sites) Site Amenities and Facilities E15. Where work involved in the erection and demolition of a building is being carried out,

amenities which satisfy applicable occupational health and safety and construction safety regulations, including any WorkCover Authority requirements, must be provided and maintained at all times. The type of work place determines the type of amenities required.


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Further information and details can be obtained from the Internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Health and Safety E16. All work undertaken must satisfy applicable occupational health and safety and

construction safety regulations, including any WorkCover Authority requirements to prepare a health and safety plan. Site fencing must be installed sufficient to exclude the public from the site. Safety signs must be erected that warn the public to keep out of the site, and provide a contact telephone number for enquiries.

Further information and details regarding occupational health and safety requirements for construction sites can be obtained from the internet at www.workcover.nsw.gov.au

(Reason: To ensure the health and safety of the community and workers on the

site) Prohibition on Use of Pavements E17. Building materials must not be placed on Council's footpaths, roadways, parks or

grass verges, (unless a permit is obtained from Council beforehand). A suitable sign to this effect must be erected adjacent to the street alignment.

(Reason: To ensure public safety and amenity on public land)

Waste Disposal E18. All records demonstrating the lawful disposal of waste must be retained and kept

readily accessible for inspection by regulatory authorities such as North Sydney Council and the Environmental Protection Authority. (Reason: To ensure the lawful disposal of construction and demolition waste)

Service adjustments

E19. Where required, the adjustment or inclusion of any new utility service facilities must

be carried out by the person acting on the consent and in accordance with the requirements of the relevant utility authority. These works shall be at no cost to Council. It is the Developer’s full responsibility to make contact with the relevant utility authorities to ascertain the impacts of the proposal upon utility services at the appropriate stage of the development (including water, phone, gas and the like). Council accepts no responsibility whatsoever for any matter arising from its approval of this application involving any influence upon utility services provided by another authority.

(Reason: To ensure the service requirements are met)



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F. Prescribed Conditions imposed under EP&A Act and Regulations and other relevant Legislation

Building Code of Australia F1. All building work must be carried out in accordance with the provisions of the

Building Code of Australia.

(Reason: Prescribed - Statutory) Appointment of a Principal Certifying Authority (PCA)

F2. Building work, demolition or excavation in accordance with the development consent must not be commenced until the developer has appointed a Principal Certifying Authority for the building work in accordance with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place

prior to the commencement of any building work, demolition or excavation)

Construction Certificate

F3. Building work, demolition or excavation in accordance with the development consent must not be commenced until a Construction Certificate for the relevant part of the building work has been issued in accordance with the provisions of the EP&A Act and its Regulations.

(Reason: Statutory; To ensure appropriate safeguarding measures are in place prior to the commencement of any building work, demolition or excavation)

Occupation Certificate

F4. A person must not commence occupation or use of the whole or any part of a new building (new building

includes an altered portion of, or an extension to, an existing building) unless an Occupation Certificate has been issued in relation to the building or part. Only the Principal Certifying Authority appointed for the building work can issue an Occupation Certificate.

(Reason: Statutory) Excavation/Demolition F5. Demolition work must be undertaken in accordance with the provisions of AS2601-

Demolition of Structures.

(Reason: To ensure that work is undertaken in a professional and responsible manner and protect adjoining property and persons from potential damage)



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Site Sign F6. 1) A sign must be erected in a prominent position on the site

a) stating that unauthorised entry to the work site is prohibited; b) showing the name of the principal contractor (or person in charge of

the work site), and a telephone number at which that person may be contacted at any time for business purposes and outside working hours; and

c) showing the name, address and telephone number of the Principal Certifying Authority for the work.

2) Any such sign must be maintained while to building work or demolition work is being carried out, but must be removed when the work has been completed.

(Reason: Prescribed - Statutory) G. Prior to the Issue of an Occupation Certificate Infrastructure Repair and Completion of Works G1. Prior to the issue of any Occupation Certificate any and all works relating to the

development: a. in the road reserve must be fully completed; and b. to repair and make good any damaged public infrastructure caused as a result

of any works relating to the development (including damage caused by, but not limited to, delivery vehicles, waste collection, contractors, sub contractors, concrete vehicles) must be fully repaired;

to the satisfaction of Council Engineers at no cost to Council.

(Reason: Maintain quality of Public assets)

Access to Premises G2. Prior to the issue of any Occupation Certificate, a certificate must be prepared an

appropriately qualified and practising access consultant certifying that access and facilities for persons with a disability in accordance with the Building Code of Australia and AS Disability (Access to Premises – buildings) Standards 2010 (Premises Standards) has been provided. This certificate must be submitted to, and approved by, the Certifying Authority prior to issue of the Occupation Certificate. (Reason: Equitable access and facilities for people with a disability)



September 2013 v1

Noise Certification G3. Prior to issue of the any Occupation Certificate a certificate from an appropriately

qualified acoustical consultant eligible for membership of the Association of Australian Acoustic Consultants is to be submitted to, and approved by, the Certifying Authority certifying that the noise and vibration from use of the development complies with the conditions of consent here-in. (Reason: To ensure acoustic amenity)

Certification for Mechanical Exhaust Ventilation G4. Prior to issue of an Occupation Certificate and following the completion, installation,

and testing of all the mechanical ventilation systems, a Mechanical Ventilation Certificate of Completion and Performance in accordance with Clause A2.2(a)(iii) of the Building Code of Australia, must be submitted to, and approved by, the Certifying Authority.

(Reason: To ensure compliance with acceptable standards for the construction

and operation of mechanical plant) Damage to Adjoining Properties G5. All precautions must be taken to prevent any damage likely to be sustained to

adjoining properties. Adjoining owner property rights and the need for owner’s permission must be observed at all times, including the entering onto land for the purpose of undertaking works.

(Reason: To ensure adjoining owner’s property rights are protected) Utility Services G6. All utility services shall be adjusted, to the correct levels and/or location/s required by

this consent, prior to issue of an occupation certificate. This shall be at no cost to Council.

(Reason: To ensure compliance with the terms of this consent)

Damage to Adjoining Properties G7. On completion of the development the subject of this consent and prior to the issue of

the Occupation Certificate, a report is to be prepared by an appropriately qualified consultant and is to be provided to the Certifying Authority (and a copy to Council if it is not the Certifying Authority) certifying:

a) whether any damage to adjoining properties has occurred as a result of the

development;



September 2013 v1

b) the nature and extent of any damage caused to the adjoining property as a result of the development;

c) the nature and extent of works required to rectify any damage caused to the adjoining property as a result of the proposed development;

d) the nature and extent of works carried out to rectify any damage caused to the adjoining property as a result of the development; and

e) the nature and extent of any agreements entered into for rectification of any damage caused to the adjoining property as a result of the development.

The report and certification must reference the dilapidation survey and reports required to be provided to the Certifying Authority in accordance with this consent.

Where works required to rectify any damage caused to adjoining property as a result of the development identified in the report and certification have not been carried out, a satisfactory agreement for rectification of the damage is to be made with the affected person/s as soon as possible prior to the issue of an Occupation Certificate. All costs incurred in achieving compliance with this condition shall be borne by the developer.

(Reason: To ensure adjoining owner’s property rights are protected in so far as

possible) Shopping Trolley Wheel Stopping System G8. A mechanical wheel stopping system shall be installed prior to the commencement of

the use of the supermarket, and maintained and implemented at all times during operation to prevent trolleys from leaving the perimeter of the supermarket shop premises. Any trolleys found outside the development area must be collected and inspected by the trolley owner, at the owner's cost, to determine whether the mechanical wheel stopping system is in working order prior to being put back into service in the supermarket. If the mechanical wheel stopping system is found to be faulty it shall be fixed prior to the trolley being put back into service in the supermarket. The trolley mechanical wheel stopping system shall operate at all times.

(Reason: To protect the amenity of surrounding areas)

Sustainable travel plan (supermarket)

G9. A sustainable travel plan, prepared by a qualified traffic consultant or engineer, is to

be submitted to Council for approval prior to the issue of the Occupation Certificate. The Plan is to encourage the use of active and/or non-private vehicle transport modes by the staff and customers of the supermarket, and must include the following:



September 2013 v1

a) Preparation, printing and distribution of Transport Access Guide(s) for supermarket staff and customers. The Transport Access Guide is to be prepared by a suitably qualified sustainable transport consultant in accordance with examples available at: http://www.northsydney.nsw.gov.au/Projects_Infrastructure/Major_Projects/Woolworths_Alexander_St_car_park_Redevelopment;

b) A description of the location in context of alternative modes of transport and objectives for the sustainable travel plan;

c) A designated “manager” or “champion” responsible for coordination and implementation of the sustainable travel plan;

d) Staff “welcome packs” including provision of public transport maps, timetables and/or real time information of nearby services (including train, buses, ferries, cycling and walking routes);

f) Staff travel allowances as part of salary packages to encourage public transport use (where practicable);

g) Full details of other possible incentives and how they will be implemented; h) Details of bicycle parking facilities within the site and bicycle routes; i) Outline of sustainable travel plan funding (as relevant) and management

responsibilities, including ongoing monitoring and review; j) Details of annual reporting (as relevant); and k) Provisions for review of the Green Travel Plan annually.

(Reason: To minimise motor traffic generation and car parking demand)

I. On-Going / Operational Conditions Hours of Operation (Supermarket) I1. The hours of operation of the supermarket are restricted to:

6.00am to 12 midnight, 7 days per week

Upon expiry of the permitted hours: (a) no person shall be permitted entry; and (b) all customers on the premises must be required to leave within the following

half hour.

(Reason: To ensure that amenity of the surrounding locality is maintained and hours of operation are consistent with those in surrounding locality)

Hours of Operation (Supermarket) – trial period I2. Notwithstanding Condition I1 Hours of Operation (Supermarket) above the approved

supermarket may operate between 12 midnight and 6.00am, 7 days per week, for a trial period of twelve (12) months from the date of issue of the first Occupation Certificate, being interim or otherwise. Council must be informed in writing of the date of commencing the trial period.





September 2013 v1

In order for the above trial hours of operation to be confirmed as ongoing, a modification application must be lodged with Council prior to the expiration of the trial period. The assessment of the application to continue the use in accordance with the trial, will consider amongst other things, the impact of the use on surrounding areas the performance of the operation in relation to compliance with development consent conditions. In the event that no modification application is lodged, or an application is not approved, then the hours of operation for the premises must revert to the standard hours of operation identified by this consent.

Note: Any person acting on this consent is advised that any modification application

to the trial hours of operation period should be submitted to Council a minimum of thirty (30) days prior to the expiration of the trial period otherwise the trial period must lapse.

(Reason: To ensure safety and security and protect the amenity of surrounding

areas) Hours of Operation (Liquor Store)

I3. The hours of operation of the liquor store in retail tenancy T3 shall be in accordance

with the approved hours in this development consent or the provisions of the liquor licence, whichever is the more restrictive.

(Reason: To ensure that amenity of the surrounding locality is maintained and

hours of operation are consistent with the supermarket and/or liquor licence)

Hours of Operation (Liquor Store) - trial period

I4. Notwithstanding Condition I3 Hours of Operation (Liquor Store) above, any

operation of the liquor store after 12 midnight must be for a trial period of twelve (12) months from the date of issue of the first Occupation Certificate, being interim or otherwise. Council must be informed in writing of the date of commencing the trial period. In order for the above trial hours of operation to be confirmed as ongoing, a modification application must be lodged with Council prior to the expiration of the trial period. The assessment of the application to continue the use in accordance with the trial, will consider amongst other things, the impact of the use on surrounding areas the performance of the operation in relation to compliance with development consent conditions.

In the event that no modification application is lodged, or an application is not approved, then the hours of operation for the premises must revert to the standard hours of operation identified by this consent.



September 2013 v1

Note: Any person acting on this consent is advised that any modification application to the trial hours of operation period should be submitted to Council a minimum of thirty (30) days prior to the expiration of the trial period otherwise the trial period must lapse.

(Reason: To ensure safety and security and protect the amenity of surrounding

areas) Trade Waste I5. Trade waste water must be disposed of in accordance with the permit requirements of

Sydney Water Corporation Ltd, Wastewater Source Control Branch.

(Reason: To ensure compliance with Sydney Water’s requirements and protect the environment)

Noise and Vibration Impact I6. The on-going use of the premises approved under this consent must comply with all

conditions pertaining to noise and vibration specified in this consent.

(Reason: To ensure compliance with the specified levels of noise and vibration and to maintain the amenity of surrounding land uses)

Loading Dock I7. Vehicle deliveries and loading and unloading operations must occur within the site.

The existing loading dock must be maintained at all times for use in connection with the development.

(Reason: To ensure that deliveries occur within the site and do not adversely

affect traffic or pedestrian amenity) Loading within Site I8. All loading and unloading operations must be carried out wholly within the confines

of the site, at all times and must not obstruct other properties or the public way. At no time, and under no circumstances, is any stock, waste, shipping and/or packing material(s) to be placed on the public way. (Reason: To ensure that deliveries can occur safely within the site and does not

adversely affect traffic or pedestrian amenity)



September 2013 v1

Loading Dock - Operational Management Plan I9. The use and all loading and unloading operations must be carried out in accordance

with the Loading Dock Management Plan prepared by JBA dated January 2015, and received by Council on 10/2/15, and as amended by conditions of this consent.

(Reason: For pedestrian and traffic safety, and to maintain residential and

public amenity) Minimum Headroom for Loading Dock I10. The car park shall at all times be operated in accordance with the following

requirements:

(a) Loading areas and ALL areas which provide access to loading areas must have an absolute minimum free height clearance of 3.2m. The height clearance shall be free of any obstruction, such as sprinklers, valves, electrical, lighting etc;

(b) ALL vehicles, including service vehicles, delivery vehicles, waste vehicles, vans and any other type of commercial vehicle shall have a maximum clearance height of 3.0m; and

(c) ALL tenancies and future tenants of the building be advised that they must provide (if they require one) service vehicles, delivery vehicles, waste vehicles vans or any other type of commercial vehicle with maximum clearance heights of 3.0m.

(Reason: To ensure compliance with relevant standards and provide appropriate headroom)

Hours of Illumination I11. All illuminated signs approved by this consent may be illuminated only during the

approved hours of operation.

(Reason: To ensure appropriate forms of signage that are consistent with Council’s controls and those that are desired for the locality, and do not interfere with amenity of nearby properties)

Signage Illumination Intensity I12. The sign(s) must be installed and used at all times in accordance with AS 4282-1997

control of obtrusive effects of outdoor lighting and must be restricted in accordance with the following:

(a) At no time is the intensity, period of intermittency and hours of illumination

of the sign to cause objectionable glare or injury to the amenity of the neighbourhood.



September 2013 v1

(b) The level of illumination and/or lighting intensity used to illuminate the signage must not cause excessive light spill or nuisance to any nearby residential premises.

(c) The signage illumination must not flash.

(Reason: To ensure appropriate forms of signage that are consistent with Council’s controls and those that are desired for the locality, and do not interfere with amenity of nearby properties)

Daily Cleaning I13. The proprietor/operator is to ensure that at all times when the premises are open and at

the end of each day after the premises have closed, all rubbish including loose papers, cigarette butts, bottles etc which may be left on the subject premises, site or immediately adjacent area is picked up and placed in the proprietor’s/operator's rubbish bins.

(Reason: To ensure waste generated by the approved use or activity is properly

managed by the person acting upon this consent, to prevent unsightly build up of waste material)

Waste Collection I14. Waste and recyclable material, generated by this premises, must not be collected

between the hours of 10pm and 6am on any day.

(Reason: To ensure the amenity of surrounding properties) Delivery Hours I15. No deliveries, loading or unloading associated with the premises are to take place

between the hours of 10pm and 6am on any day.

(Reason: To ensure the acoustic amenity of surrounding properties) Shop Premises Registration

I16. The shop premises must be registered with Council and NSW Food Authority prior to commencement of operation of the approved activity. Shop Premises Registration must be maintained at all times. Note: a) Council registration forms can be found at

http://www.northsydney.nsw.gov.au b) Notification is required to the NSW Food Authority under Standard 3.2.2

Division 2 Section 4 Notification. (see www.foodnotify.nsw.gov.au) (Reason: To ensure compliance with environmental health legislation)


http://www.northsydney.nsw.gov.au/�


September 2013 v1

Compliance with Trolley Management Plan I17. A mechanical wheel stopping system (e.g., Carttonics) shall be implemented prior to

the commencement of the use of the supermarket, and maintained at all times during operation, to prevent trolleys from leaving the supermarket. The system shall, at minimum, have an automatic wheel lock system that prevents the trolley from physically moving beyond the entry/exit doors of the supermarket onto any public areas. Any trolleys found outside the development area must be collected and inspected by the trolley owner, at the owner's cost, to determine whether the mechanical wheel stopping system is in working order prior to being put back into service in the supermarket.

If the mechanical wheel stopping system is found to be faulty it shall be fixed prior to the trolley being put back into service in the supermarket. The trolley mechanical wheel stopping system shall operate at all times

(Reason: To protect the amenity of surrounding areas)

Operation of the Loading Dock

I18. The operation of the loading dock is to be limited to the hours of 6am to 10pm on any

given day of the week. The loading dock is not to receive or release vehicles during the hours of 10pm to 6am.

Activities may be conducted within the enclosed loading dock area between the hours of 10pm and 6am provided a solid imperforate roller door is installed to the loading dock and is closed between 10am and 6am.


Crime prevention - Management

I19. The following requirements of the NSW Police are to be installed and/or implemented:

(a) All security systems, devices and other measures required to be installed by

this consent shall be installed, maintained, operated, implemented and/or monitored at all times;

(b) All “Staff only” areas shall be clearly marked as such and physical barriers such as doors and gates are to be erected to prevent unauthorised entry;

(c) An efficient and secure Cash Collection and Storage system shall be implemented to minimise the risk of robbery offences and should include a safe designed and installed to the Australian Standards;

(d) Staff shall be provided with a secure area in which to store their personal effects whilst working;



September 2013 v1

(e) An emergency control and evacuation plan shall be implemented within the business. Management and staff shall be trained in the execution of the plan in emergency situations; and

(f) An employer shall ensure the health, safety and welfare at work of all the employees of the employer, in accordance with relevant legislation; and

(g) An employer shall ensure that people (other than the employees of the employer) are not exposed to risks to their health or safety arising from the conduct of the employer's undertaking while they are at the employer's place of work. In relation to the licensed premises (liquor store):

(k) The business authorised by the liquor licence shall not operate with a greater overall level of social impact on the wellbeing of the local and broader community than that which would be reasonably expected from the information contained in the Community lmpact Statement, application and other information submitted in the process of obtaining the liquor licence;

(l) The licensee must join and be an active participant in the local liquor accord; (m) The licensee shall ensure compliance with the Management Policies and

Strategies and House Policy Documents lodged with the independent Liquor and Gaming Authority and shall provide to the Authority copies of those documents as they are developed or updated from time to time.

(Reason: Crime prevention)

Shopfronts to be kept clear

I20. In order to maintain visibility to the shop interior, the area of any external glazing including all retail shopfronts 1.1m above finished floor level, must not be obscured by any of the following:

(a) signage, other than approved or exempt signs; (b) advertising displays, posters, painted signs, or decals that are fixed internally or

externally to the shopfront; (c) any opaque or semi-opaque application to glazing such as “colourback” and the

like; (d) video screens or the like; (e) shelving, racks, refrigeration units or the like at a height of 1.5m above finished

floor level, except as otherwise indicated on approved drawings; (f) blinds, curtains or the like.

A separate development application is to be lodged for any such signs or devices, except for exempt and complying development.

(Reason: To minimise visual clutter and maximise streetscape activation)



September 2013 v1

Signage content

I21. Signage content must relate to the use of the tenancy and products sold therein, and any advertising material must comply with the Code of Ethics of the Australian Association of National Advertisers and Outdoor Media Association. In particular, the content and materials must:

(a) The signs approved in this consent must be business identification signs that

relate only to tenant(s) in the building, and must not include any general advertising;

(b) The content of underawning signs must relate to retail use of the site; (c) The advertising of alcohol products is not permitted, unless those products are

sold on the subject premises, and the content must not encourage unlawful purchase, excessive consumption of alcohol or promote anti-social behaviour.

(Reason: To mimimise visual clutter, ensure that signage relates to land use, and to

minimise the social impact of advertising in the public interest)

Vehicles to enter and exit in forward direction

I22. All vehicles, including vans, delivery vehicles and garbage collection vehicles must enter and exit the site in a forwards direction and involve a single manoeuvre only into or out of the driveway. Building management and/or the logistics manager must ensure only suitable vehicles and to ensure compliance with this requirement.

If this is not possible then use of the driveway shall cease until such time as an Operational Transport Management Plan, prepared by a qualified and practising traffic consultant or engineer, indicating how the loading dock will operate safely and effectively, giving priority to pedestrians, is submitted to and approved by Council.

(Reason: Road safety and efficiency)

Ongoing sustainable travel management

I23. The Sustainable Travel Plan, as approved by Council, shall be maintained and/or implemented at all times during the operation of the supermarket.

(Reason: To minimise parking and traffic impacts)


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Copyright © North Sydney Council - No part of this map may be reproducedwithout permission. Commercial decisions should not be made based on information contained in this map without first checking details held by the responsible Government authority.

Further details can be obtained by calling (02) 9936 8100 or e-mail [email protected].

North Sydney Council


For privacy reasons, the architectural plans have been removed

from this document prior to publishing on the web. The plans

attached to the hard copy report may be viewed at Stanton Library

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.