Agenda of Standing Committee Meeting - Lake Macquarie City ...

AgendaMonday 12 March 2012Council Chambers126-138 Main Road Speers Point5.30pmApologies:Declaration of Interests:Presentations:Public Access:For the non-attendance of CouncillorsNilNilCommittee Meetings: Corporate Services Committee 12 March 2012(1) Confidential ReportCorporate Services Committee(Under Separate Cover) 12 March 2012City Strategy Committee 12 March 2012Community Development Committee 12 March 2012(1) Confidential ReportOperations Committee (Under Separate Cover) 12 March 2012General Business Committee 12 March 2012Brian BellGeneral ManagerNote:Council Meeting Agendas will be available for download from the City website by 5.00pm on theTuesday prior to the meeting date (www.lakemac.com.au)

Standing Committee Meeting 12 March 2012Index DetailsPage NoCorporate Services Committee Meeting - Monday 12 March 2012 .....................312CORP004 Proposed Lease of the Mobile Library - 8/311 Hillsborough Road Warners Bay....... 312CORP005 Speers Point (9 Joseph Palmer Close and 12 Morse Street) - Proposed Acquisitionfor Drainage Purposes................................................................................................ 812CORP006 Nords Wharf and Seahampton - Proposed Road Closures ..................................... 1212CORP007 Cameron Park (35 Harris Street) - Proposed Sale of Council-owned Land............. 21City Strategy Committee Meeting - Monday 12 March 2012 ..............................2612STRAT007 Amaroo Lodge Aged Care Facility DA/1847/2010.................................................... 2612STRAT008 Swansea - Modification to Trading Hours of Swansea McDonald's......................... 5712STRAT009 Morisset McDonald's - 24 hour operation of "Drive-Thru" .................................... 89Community Development Committee Meeting - Monday 12 March2012 ......................................................................................................................12712COMM001 Cardiff Streetscape Master Plan - for Adoption...................................................... 12712COMM002 Charlestown Streetscape Master Plan for Public Exhibition .................................. 148General Business Committee Meeting - Monday 12 March 2012 ....................175- 2 -

Corporate Services Committee Meeting12 March 2012Corporate Services Committee Meeting - Monday 12 March 201212CORP004Council Ref:Report By:Proposed Lease of the Mobile Library - 8/311 Hillsborough RoadWarners BayF2004/09969 - D02317268Property Officer - Property - Belinda FlookPrécis:Council currently occupies 8/311 Hillsborough Road Warners Bay under a two-year lease(5 December 2009 to 4 December 2011). Following Library Services’ request to continueoccupancy of the site for operating the Mobile and Special Needs Service, the lessor wasapproached with a request to grant a new lease for a period of two years.Council’s approval to enter into a two year lease, in respect of the premises located at8/311 Hillsborough Road Warners Bay, is now required.Recommendation:A. Council authorises the lease of the premises known as 8/311 Hillsborough RoadWarners Bay as follows:Lessor:Term:A & R Spencer Investments Pty LtdTwo yearsPremises: Lot 4 DP 814360, 8/311 Hillsborough Road Warners BayRent:$3,528.50 plus GST per month payable monthly ($42,342.00 perannum plus apportioned outgoings).Special Condition: Term maybe reduced as the Lessee is entitled to give sixmonths notice to vacate the premises anytime during the term of the lease.B. The execution of lease documents under Council’s Common Seal is authorised.Background:Council first leased 8/311 Hillsborough Road Warners Bay in December 1994 for thepurpose of a Mobile and Special Needs Library Service. The building is utilised for thegaraging of the Home Library van, Bookmobile, office administration and the storage ofbooks. The current lease expired on the 4 December 2011.Following negotiations, the lessor has agreed to lease the premises to Council for afurther term of two years at a monthly rental of $3,528.50 plus GST (an increase of$102.77 excluding GST per month). The new rental is considered fair and reasonablehaving regard to current market rentals in this locality, (verified by Council’s Valuer).- 3 -

Corporate Services Committee Meeting12 March 2012Proposal:It is proposed that a lease agreement be entered into with A & R Spencer Investments PtyLimited over 8/311 Hillsborough Road Warners Bay (Lot 4 DP 81436), illustrated on thediagram included in attachment 1, as recommended.Consultation:The Manager Property & Business Development, Manager Library Leisure & CulturalServices, and the owner have been consulted.Implications:Policy Implications:The action proposed is not outside current Council policy.Environmental Implications:The action proposed has no known environmental implications.Social Implications:The proposed renewal of the lease will ensure continued operation of the Mobile LibraryService in its current location and will avoid any disruption to the service, because of theneed to relocate.Financial Implications:The total rent payable under the lease during the two-year term (excluding GST) is$84,684.00. Council is currently paying $3,425.73 per month (excluding GST). Council,as lessee, will also be responsible for apportioned water usage, water rates, council rates,land tax, garbage service charges, and building insurance. (Total current cost ofoutgoings is $7,620.00 including GST per annum.)Risk and Insurance Implications:The proposed lease renewal does not increase any risk or exposure to Council.Options:1. Accept the submission. Having regard to the suitability, availability, and location ofthe premises at 8/311 Hillsborough Road Warners Bay in relation to the area that itservices, it is recommended that Council adopt the submission.2. Reject the submission. This option is not favoured, as it would result in significantadditional costs being incurred.Conclusion:Having regard to the cost of establishing alternative premises, it is appropriate thatCouncil approves the proposed new lease agreement from A & R Spencer InvestmentsPty Ltd for the premises at 8/311 Hillsborough Road Warners Bay for a period of twoyears commencing 5 December 2011.Manager - Property & Business Development - Peter Coburn- 4 -

Corporate Services Committee Meeting12 March 2012Attachments:1. Diagram showing proposed lease area by hatching - Mobile Library -8/311 Hillsborough Road Warners Bay2. Aerial photograph showing proposed lease area by hatching - MobileLibrary - 8/311 Hillsborough Road, Warners BayD02428472D02392073- 5 -

Attachment 1 Diagram showing proposed lease area by hatching - Mobile Library - 8/311Hillsborough Road Warners BayAttachment 1 Page 6

Attachment 2 Aerial photograph showing proposed lease area by hatching - Mobile Library -8/311 Hillsborough Road, Warners BayAttachment 2 Page 7

Corporate Services Committee Meeting12 March 201212CORP005 Speers Point (9 Joseph Palmer Close and 12 Morse Street) -Proposed Acquisition for Drainage PurposesCouncil Ref:Report By:F2012/00148 - D02411092Administration Property Officer - Property - Kylie ClarkePrécis:Council’s Technical Assistant has advised that a drainage easement is required over partof 9 Joseph Palmer Close and 12 Morse Street, Speers Point.Agreement has been reached with the owners to acquire the easement for nilcompensation. Council’s approval is now required to acquire the easement.Recommendation:A. Council authorises the acquisition of an easement over 9 Joseph Palmer Close,Speers Point (Lot 5 DP 1106077) and 12 Morse Street, Speers Point (Lot C DP392609) in the location illustrated by yellow colour on Attachment 1, for nilcompensation, on the basis that Council meets the owners reasonable legal costs upto a maximum of $1,000 including GST.B. Council authorises the execution of the Plan of Easement, Section 88b instrument andassociated documentation under its Common Seal.Background:Due to the altering of the line of a natural watercourse relating to subdivision works,increased water flow velocities have been created at the point where the watercoursemeets the rear boundary of 9 Joseph Palmer Close, Speers Point.This has created a situation where water flows are having a detrimental effect on theintegrity of the privately owned retaining wall within 9 Joseph Palmer Close and Council’sTechnical Assistant has recommended that Council acquire an easement 1 metre widebetween the boundary of 9 Joseph Palmer Close, Speers Point and 12 Morse Street,Speers Point, illustrated by yellow colour on Attachment 1.The proposed easement will allow Council to install adequate drainage structures toprevent any further damage to the property at 9 Joseph Palmer Close, Speers Point.Proposal:It is proposed that Council proceeds with the acquisition of an easement for drainage over9 Joseph Palmer Close and 12 Morse Street, Speers Point, as recommended.Consultation:Council’s Technical Assistant and landowners have been consulted in relation to thematter and support the action recommended above.- 8 -

Corporate Services Committee Meeting12 March 2012Implications:Policy Implications:The action proposed is not outside any current Council policy and complies with the LocalGovernment Act 1993.Environmental Implications:There are no environmental implications arising as a result of this matter.Social Implications:Acquisition of an easement will allow Council to undertake drainage works to rectifystormwater issues that have been having a detrimental impact on a privately ownedretaining wall within 9 Joseph Close, Speers Point.Financial Implications:The legal costs associated with the acquisition in this case will be met from general funds.Risk and Insurance Implications:There are no risk or insurance implications arising from this matter.Options:1. To proceed as recommended. This option is favoured as stormwater is causingdamage to privately owned property and drainage works are required within theproposed easement location.2. Not to proceed with the acquisition.Conclusion:As stormwater flows are causing damage to 9 Joseph Palmer Close, Speers Point anddrainage works are required to rectify this situation, it is considered appropriate thatCouncil proceeds with the acquisition, as recommended.Manager - Property & Business Development - Peter CoburnAttachments:1. Diagram of proposed easement for drainage purposes shown inyellow colour over 9 Joseph Palmer Close and 12 Morse Street,Speers Point2. Aerial diagram of 9 Joseph Palmer Close and 12 Morse Street,Speers Point shown by bold black edge.D02413884D02413889- 9 -

Attachment 1Diagram of proposed easement for drainage purposes shown in yellow colourover 9 Joseph Palmer Close and 12 Morse Street, Speers PointAttachment 1 Page 10

Attachment 2Aerial diagram of 9 Joseph Palmer Close and 12 Morse Street, Speers Pointshown by bold black edge.Attachment 2 Page 11

Corporate Services Committee Meeting12 March 201212CORP006Council Ref:Report By:Nords Wharf and Seahampton - Proposed Road ClosuresF2009/01383 - D02412401Property Contracts Officer - Kylie ClarkePrécis:Council has received an application from the adjoining landowner to close and purchasecertain roads within Lake Macquarie, illustrated by hatching and yellow colour onAttachments 1 and 3.Council’s approval is required to commence road closure action for the road reserves.Recommendation:A. Council authorises the lodgement of an application with the Department of PrimaryIndustries - Catchment & Lands for the closure of unformed road at Nords Wharf,illustrated by hatching on Attachment 1, subject to the applicant meeting all costsassociated with the road closure.B. Council authorises the lodgement of an application with the Department of PrimaryIndustries – Catchment & Lands for the closure of part Seahampton Road,Seahampton, illustrated by hatching on Attachment 3, subject to the applicantmeeting all costs associated with the road closure.C. Subject to completion of action in B above and the applicant undertaking toconsolidate the closed road with their adjoining land, prior to sale, Councilauthorises the sale of those parts of Seahampton Road, Seahampton, illustratedby hatching on Attachment 3, at a price determined by valuation closer to the timeof sale, subject to:a) Gazettal of the road closure being withheld until the adjoining land currentlyowned by the landowner has been transferred to National Parks and WildlifeService.b) The adjoining landowner entering into a deed with Council agreeing to paycompensation for the transfer of the closed road to National Parks and WildlifeService.D. Council authorises the execution of plans of road closure, plan of consolidation,contract/deed, transfer and associated documentation, under its Common Seal.- 12 -

Corporate Services Committee Meeting12 March 2012Background:Council has received application from the adjoining landowner to close two separateroads which are detailed below.Council has entered into a Memorandum of Understanding with the NSW Department ofLands, now known as Department of Primary Industries – Catchment & Lands (DPI), toprocess road closure applications in accordance with the provisions of the Roads Act1993. This involves Council first seeking the permission of DPI to commence the roadclosure process.If commencement is approved, the road closure process requires the publication of anadvertisement notifying the public of the proposed road closure and writing to adjoiningowners, government bodies, and public authorities for their comments on the proposal.Following this submission period, a second report will be prepared to Council, notifyingCouncil of any objections/submissions received and making recommendation in relation tothe closure of the roads.Council’s permission to seek the permission of DPI to start the road closure process forthe roads illustrated by hatching on Attachments 1 and 3 is now required.Council received applications from the adjoining landowners to Council roads within theLake Macquarie area to close and purchase those roads, illustrated by hatching andyellow colour on Attachments 1 and 3.The NSW State Government released the Lower Hunter Regional Strategy in October2006. The primary purpose of this strategy being to ensure adequate land in appropriatelocations is available to sustainably accommodate the projected housing and employmentneeds of the region’s growing population over a 25-year period.The applicant is a major landowner in this region with some 4,187 hectares of itslandholding lying within the area covered by the strategy being identified as employmentland, urban land and conservation land. Extensive studies have been undertaken toenable the landowner to complete concept plans for the various sites in conjunction withthe NSW Government.The concept plans provide for the transfer of substantial conservation land to the NSWGovernment as a biodiversity offset for the proposed developments. The proposedconservation land transfer is proposed to take place via a Voluntary Planning Agreementbetween the landowner and the NSW Government in accordance with section 93F of theEnvironmental Planning and Assessment Act 1979. The proposed road closures form anintegral part of the preparation for the transfer of the conservation lands to the NSWGovernment.Unformed Road, Nords WharfThis is a Council public road which was created in the late 1800’s. The road is not formedand terminates at the rear of properties fronting Government Road, Nords Wharf.As the road is unformed and no evidence can be found to the road previously beingformed, the land will vest in the ownership of the Department of Primary Industries –Catchment & Lands under Section 38(2) of the Roads Act 1993 and that department willprogress all negotiations in relation to the sale of the land.- 13 -

Corporate Services Committee Meeting12 March 2012Seahampton Road, Seahampton (Road to Stockrington)It should be noted that Seahampton Road, Seahampton is also known to some locals asStockrington Road.This is a Council public road created in Road Plan 21795-1603 and by Notice ofResumption D278617 and notification in the NSW Government Gazette of 24 March 1944;the land was resumed and dedicated as public road.The conservation lands proposed to be transferred to the NSW Government includeapproximately 2,247 hectares at Stockrington, a portion of which lies within the LakeMacquarie local government area.Seahampton Road, Seahampton is constructed (sealed) and up until the road wastemporarily closed by the Roads and Maritime Services (formerly known as the Roadsand Traffic Authority) to allow access for the construction of the Hunter Expressway, theroad carried 70 vehicles a day.Seahampton Road connects with George Booth Drive, Seahampton and travels north tothe city boundary shared with Cessnock City Council. The constructed road continuesnorth within the Cessnock local government area and meets Dog Hole Road,Stockrington. A problem has arisen that Cessnock City Council closed their portion of theroad some years ago and transferred ownership of the road to the adjoining landowner(being the applicant to the road closures subject of this report).Therefore, Seahampton Road situated within Lake Macquarie local government areadirects traffic onto the applicant’s land, as there is no legal road continuance.The applicant is the only adjoining landowner to Seahampton Road and therefore closurewill not directly affect access to property.The Roads and Maritime Services and National Parks and Wildlife Service have bothconfirmed that they have no objections to the closure of Seahampton Road as a publicroad. National Parks and Wildlife Service have indicated that the road would remain forthe purpose of access.Under the provisions of the Roads Act 1993. the road is formed and following closure willvest in Council and Council will receive proceeds of the saleTo satisfy different authorities’ requirements and to ensure that the closed road istransferred to National Parks and Wildlife Service, it is proposed to withhold gazettal of theroad closure (which will formally close the road) until the adjoining lands, currently ownedby the applicant, have been transferred to National Parks and Wildlife Service. It isproposed that Council would enter into a deed with the applicant requiring compensationfor the sale of the road is paid by the applicant upon settlement of the transfer of theclosed road to National Parks and Wildlife Service.Proposal:It is proposed that a road closure application be lodged with the Department of PrimaryIndustries – Catchment & Lands in respect of the unformed road at Nords Wharf andSeahampton Road, Seahampton, illustrated by hatching on Attachments 1 & 3.- 14 -

Corporate Services Committee Meeting12 March 2012Consultation:Council’s Corporate Lawyer, Manager Integrated Planning, Manager Waste Environmentand Rangers, Manager Development Assessment and Compliance, Co-ordinatorTransportation Planning, Co-ordinator Drainage and Roads Assets, Infrastructure andTransportation Planning Engineer, Strategic Planner, Chief Subdivision Engineer, CoordinatorRecreation and Land Planning, Ecosystem Enhancement Team Leader, Roadsand Maritime Services, NSW Rural Fire Service, Department of Primary Industries –Catchment & Lands, National Parks and Wildlife Service and the adjoining landownerhave all been consulted in relation to the proposed road closures. The recommendationincorporates all issues raised and therefore there are no objections to the recommendedaction.The NSW Rural Fire Service (RFS) was also referenced to the road closures and advisedthat the roads may be required for access as fire trails. Council’s Corporate Lawyeradvised that provisions of the Rural Fires Act 1997 would provide sufficient accessprovisions for RFS. This advice was provided back to RFS who have provided no furtherobjections to the matters. The RFS was also requested to liaise with National Parks andWildlife Service to discuss access requirements and should the road closure actionproceed, RFS would be referenced to provide further comments within the statutoryadvertising/submission period.Further consultation will take place following approval to start the road closure processwith government and public authorities along with the adjoining landowner (who is also theapplicant). An advertisement will also be published in a local newspaper advising of theproposed road closures and requesting submissions.A second report will be submitted to Council in relation to the two road closures, subject ofthis report, following the submission period.Implications:Policy Implications:The proposal is consistent with existing Council policy, the Roads Act 1993 and theMemorandum of Understanding between Council and the Department of PrimaryIndustries – Catchment & Lands.Environmental Implications:There are no environmental implications arising from this matter and Council’s EcosystemEnhancement Team Leader has advised that closure of the roads will help maintain theconservation values of the land.Social Implications:Prior to the temporary closure of Seahampton Road, Seahampton by the Roads andMaritime Services whilst they construct the Hunter Expressway, approximately 70 carstravelled along the route each day. However, the current situation is that SeahamptonRoad situated within Lake Macquarie local government area directs traffic onto privatelyowned land, as there is no legal road continuance within the Cessnock local governmentarea. The public however, would be unaware that they are driving across privately ownedland and would consider this a public road.- 15 -

Corporate Services Committee Meeting12 March 2012Financial Implications:All costs associated with the road closures will be recovered from the applicant andCouncil will receive proceeds from the sale of Seahampton Road, Seahampton.Risk and Insurance Implications:There are no risk or insurance implications arising from this matter.Options:1. To proceed as recommended. This option is favoured as further consultation will beundertaken which will provide a clearer picture on whether there are objections to theroad closures.2. Not to authorise the lodgement of the road closure applications. This option is notfavoured as all issues to date have been overcome through the recommended courseof action.Conclusion:As National Parks and Wildlife Service have requested closure of the roads and theRoads and Maritime Services have no objections to the closure along with the fact that theroad at Nords Wharf is unformed and Seahampton Road has no legal road continuancewithin the Cessnock local government area, it is considered appropriate to proceed asrecommended.Manager - Property & Business Development - Peter CoburnAttachments:1. Proposed road closure of unformed road at Nords Wharf shown byhatching.2. Aerial diagram of unformed road proposed to be closed at NordsWharf.3. Proposed road closure of Seahampton Road, Seahampton shown byhatching.4. Aerial diagram of Seahampton Road, Seahampton proposed to beclosed.D02429218D02429220D02429248D02429253- 16 -

Attachment 1Proposed road closure of unformed road at Nords Wharf shown by hatching.Attachment 1 Page 17

Attachment 2Aerial diagram of unformed road proposed to be closed at Nords Wharf.Attachment 2 Page 18

Attachment 3Proposed road closure of Seahampton Road, Seahampton shown byhatching.Attachment 3 Page 19

Attachment 4Aerial diagram of Seahampton Road, Seahampton proposed to be closed.Attachment 4 Page 20

Corporate Services Committee Meeting12 March 201212CORP007Council Ref:Report By:Cameron Park (35 Harris Street) - Proposed Sale of Council-ownedLandF2010/00980 - D02417063Administration Property Officer - Property - Kylie ClarkePrécis:On 26 September 2011, Council adopted the Community Facilities Strategy, which maderecommendations in relation to Council-owned Cameron Park Community Cottage. Inaccordance with this strategy, the users of the Community Cottage have been relocated tothe new Cameron Park Community Centre.Council’s approval is now required to dispose of the Community Cottage property withfunds to be used for future community facilities identified in the Northlakes Section 94Contributions Plan.Recommendation:A. Council authorises the listing of 35 Harris Street, Cameron Park (Lot 632 DP 846166),illustrated by hatching on Attachment 1, for sale by public auction with the agent forthe locality, at a reserve price determined by valuation.B. If the auction in A above is unsuccessful, Council authorises the listing of 35 HarrisStreet, Cameron Park (Lot 632 DP 846166), illustrated by hatching on Attachment 1,with the agent for the locality, for sale by private treaty at the reserve price.C. Council authorises the execution of contract, transfer and associated documentationunder its Common Seal.Background:Council adopted the Community Facilities Strategy on 26 September 2011, which maderecommendations in relation to Council owned Cameron Park Community Cottage torelocate the users to the new Cameron Park Community Centre and to sell theCommunity Cottage. Funds from the sales would be used for future community facilitiesidentified in the Northlakes Section 94 Contributions Plan.The Community Facilities Strategy reflected what was identified in the Lake MacquarieSection 94 Contributions Plan No. 2 – Northlakes (2004), which was adopted by Councilon 22 November 2004. The Section 94 plan identified that Council acquired the propertyat 35 Harris Street, Cameron Park (known as the Cameron Park Community Cottage) asa temporary community facility and it was always the intention that the property would beresold following the construction of a purpose built facility.The newly constructed Cameron Park Community Centre now caters for all the users ofthe Community Cottage, which have been relocated to the new centre.Council’s land at 35 Harris Street, Cameron Park (formerly known as Cameron ParkCommunity Cottage) is 723.3m 2 , is zoned 2(1) Residential and contains a four bedroom- 21 -

Corporate Services Committee Meeting12 March 2012house. Minor works have been undertaken on the building to bring it up to a standard forsale including new carpets, internal painting, returfing and cleaning.The land is classified as Operational Land under the provisions of the Local GovernmentAct 1993 and there are no impediments to its sale.Council’s approval is now required to dispose of the property through Council’s real estateagent for the locality.Proposal:That Council’s property at 35 Harris Street, Cameron Park (Lot 632 DP 846166) be placedon the market for sale.Consultation:Council’s Valuation & Property Development Co-ordinator, Co-ordinator Social &Community Planning and Community Land Liaison Officer (Buildings) have beenconsulted in relation to the matter and support the recommended action.Implications:Policy Implications:The action proposed is consistent with Council policy and the Local Government Act1993.Environmental Implications:There are no environmental implications arising from this matter.Social Implications:There are no social implications arising from this matter as all previous users of the facilityhave been relocated to the new Cameron Park Community Centre.Financial Implications:Council will receive proceeds of sale as income, less commission payable to the agentand advertising costs at the agreed rate. As the property was purchased with section 94contributions from the Northlakes Urban Release Area development, the proceeds of thesale will be returned to section 94 funds.Risk and Insurance Implications:There are no risk or insurance implications arising from this matter.Options:1. To proceed as recommended. This is the preferred option as the property wasacquired as a temporary community facility until the Cameron Park Community Centrewas constructed. This facility is now constructed and all users relocated.2. Not to proceed as recommended. This option is not favoured as the property is nolonger used with all users relocated to the Cameron Park Community Centre and isnow surplus to Council’s requirements.- 22 -

Corporate Services Committee Meeting12 March 2012Conclusion:As 35 Harris Street, Cameron Park was purchased as a temporary community facility andall users have been relocated to the newly constructed Cameron Park Community Centre,the property is now surplus to Council’s requirements and sale of the property is nowappropriate.Manager - Property & Business Development - Peter CoburnAttachments:1. 35 Harris Street, Cameron Park proposed to be sold shown byhatching.2. Aerial diagram of 35 Harris Street, Cameron Park shown by boldblack edge.D02419682D02419686- 23 -

Attachment 135 Harris Street, Cameron Park proposed to be sold shown by hatching.Attachment 1 Page 24

Attachment 2Aerial diagram of 35 Harris Street, Cameron Park shown by bold black edge.Attachment 2 Page 25

City Strategy Committee Meeting12 March 2012City Strategy Committee Meeting - Monday 12 March 201212STRAT007Council Ref:Report By:Amaroo Lodge Aged Care Facility DA/1847/2010DA/1874/2010 - D02416834Principal Development Planner - Christopher DwyerApplication Details:Location: Charlestown, H/No. 66 Dudley RoadMap Ref: Map 154, Ref J11Zoning: 2(2) Residential (Urban Living)Owner: Hunter Valley Care Pty Ltd & Woodrising Pty LtdApplicant: Hunter Valley Care Pty LtdApplic Date: 27 October 2010Précis:A development application was lodged on 27 October 2010 for the use of an attic spacewithin an existing aged care facility, for an additional 12 bedrooms. A copy of the originalreport is attached as Attachment 1 for Council’s reference. The application was reportedto Council in September 2011. The Council deferred a decision pending the resolution ofprivacy and noise issues. This report provides an assessment of the applicant’s responseto privacy and noise issues, while the broader issues associated with the application arecontained in the original report attached.Recommendation:A. That Development Consent DA/1874/2010 for the extension of 12 attic rooms tothe Amaroo Lodge Aged Care Facility be approved, subject to conditionscontained in Attachment 1 including updated s94 contributions of $105,676.38,and with the inclusion of three additional conditions requiring louvres to thenorthern windows; prohibition of the use of chlorine products in the laundry of thefacility; and acoustic auditing and certification.B. Prior to any further development of the facility, a Masterplan is to be prepared,detailing issues associated with neighbour context, off-street parking and goodsloading, architectural form and visual impact and landscaping.Background:On 26 September 2011 Council considered development application DA/1874/2010 foralterations to the Amaroo Lodge Aged Care Facility at 66 Dudley Road, Charlestown(11STRAT026). At that meeting, the following resolution was made:- 26 -

City Strategy Committee Meeting12 March 2012A. The matter is deferred pending further negotiations with the developer to reduce thesize of the development, so as to reduce the cumulative impact of overlooking onneighbouring residentsB. Council (staff) report to councillors on the possibility for the inclusion of conditions ofconsent including increasing the laundry stack height and the implementations ofnoise controls such as air conditioning silencers.C. Council report to councillors on the public access from Mr Lewis.In response to the resolution the applicant lodged further information.Proposal:It is proposed to add 12 aged care bedrooms to an existing aged care nursing homeknown as Amaroo Lodge at 66 Dudley road, Charlestown.The additional 12 beds are to be located in an existing roof space or ‘attic’. Stair and liftaccess, an office and a lounge are proposed in the space.Amaroo Lodge has been operating as an aged care facility on the site in various forms formany years, since approximately the 1970’s. The facility currently contains 95 beds forseniors residents requiring assisted/low care and high care dependence accommodation.A previous development application for a large expansion of the facility (DA/993/2009)raised significant concern within the community and Council due to it’s impact on theresidential context of the locality. The application was subsequently withdrawn andreplaced with four separate applications seeking to contain redevelopment within theexisting building envelope.The status of the three most recent development consents is as follows:DA/1836/2010 – “Genevieve Cottage” retirement village – internal alterations (10 beds to10 beds) – Approved with conditions.DA/1924/2010 – “Iris Rooms 13-18” – internal alterations (18 beds to 14 beds in fourwards) – Approved with conditions.DA/2093/2010 – “Iris Rooms 1-12” – internal alterations (27 beds to 24 beds) – Approvedwith conditions.Assessment:In response to the items raised by Council regarding this application DA/1874/2010, thefollowing is provided:A. Size of the development, and cumulative impact of overlooking on neighbouringresidents.Planner’s comment:The applicant has amended the proposal by adding louvres to the proposed upper floorwindows of the north facing attic bedrooms. The graphic indicating the resultant views isincluded as Attachment 2 of this report.The proposed louvres assist in minimising the ability of residents and staff overlookingneighbouring residential properties. The separation distances from these windows toneighbouring properties indicate that overlooking should not cause significant impacts onthe privacy of residential neighbours. The combination of louvres and the separation- 27 -

City Strategy Committee Meeting12 March 2012distance is considered reasonable as a mechanism that reduces privacy impacts to anacceptable level. The amended proposal is supported in this regard, with a condition ofconsent as follows:Window LouvresWindow louvres shall be erected to the north facing windows of the Attic Rooms asproposed in the Plan titles “Sections” project number 1008_1_201 drawn by Hunter ValleyCare, Revision 1 dated 9/11/11.B. Possibility of a condition increasing the laundry stack height and theimplementations of noise controls such as air conditioning silencers.Planner’s comment:Council has investigated the emissions from the (relocated) stack by way of a report froman air expert, ‘Environodour’. The emissions from the laundry and stack are found by theexpert to be in compliance with the relevant standards and do not produce detectableodour. There is no evidence to suggest that the stack needs to be raised in height asrelevant standards are met by the current proposal. It is noted that the original complaintsby neighbours centred around the use of chlorine products. Discussions with theowner/operator has resulted in the removal of chlorine products from use in the laundry.A condition of any development consent will ensure chlorine products are not used on thepremises for laundering purposes.Acoustic performance of the existing facility has been documented by the applicant in it’sreport ‘Noise & Vibration Impact Assessment JO100189, dated the 12th December 2011(Advitech)’ and assessed by Council officers. The WER Department advises:The relevant issues surrounding the operation of the Amaroo Lodge, and its acousticimpact upon it's occupants and the adjacent residential neighbourhood have beenaddressed.From discussions with the owner and residential neighbours, a significant concern relatesto the mechanical ventilation noise, particularly during night time hours. In this regard, thereport has highlighted the problem of non compliance with the operation of mechanicalplant at the boundary of Dudley Road residential premises at all times, whilst otherexceedences relate to evening and night time hours at other adjacent premises located onTiral Street, and these results are highlighted in Section 5 of the report.The consultant states in Section 1 of the report that its purpose is to provide guidance topreventative measures to address the redevelopment works, "rather than establishrequirements for corrective actions to existing noise sources under the provisions of theProtection Of The Environment Operations Act (1997)". The focus, should, according tothe consultant, be to address the potential noise source of new plant in assessing thisapplication.Nevertheless, the consultant has assessed and provided noise mitigation strategies in theform of barrier controls to existing plant and suggested similar mitigation to any new plant,and/or strategic placement to minimise noise emissions to the area.Consideration of a holistic noise management strategy by Council will ensure minimalnoise impact to the neighbourhood, by controlling noise creep. From consideration of theresident’s views it is recommended that mitigation of existing plant as part of the approvalprocess should be considered.- 28 -

City Strategy Committee Meeting12 March 2012A condition of consent should be worded:Acoustic Certification“The recommendations contained in the Noise and Vibration Assessment dated 12December 2012 (project number JO100189) shall be incorporated into the design andconstruction of the development.An Acoustic Consultant shall be engaged to assist with the preparation of the final buildingplans and specifications to ensure compliance with the acoustic design requirements, andthat no other noise nuisance is created to the neighbourhood.Upon completion of the works, and prior to the issue of the first Final or InterimOccupation Certificate, or occupation of the development, documentation shall beprovided from an acoustic consultant, certifying that the works have been completed inaccordance with the acoustic design specifications, or whether additional work is requiredfor compliance.At three months after commencement of occupation, documentation shall be provided toCouncil from an Acoustic Consultant, certifying that the acoustic performance detailed inthe Noise and Vibration Assessment has been achieved, or whether reassessment andadditional modifications to the facility is required.”The WER Department’s suggested condition is supported and should be attached to anyconsent issued.C. Response to Public Access by Mr LewisBelow is a brief summary of the public address by Mr Brett Lewis on 26 September 2011.• Mr Lewis is an immediate neighbour to the existing development.• Mr Lewis said if Council approve the current vent stack and the proposed consentconditions, Council will effectively be endorsing the continuation of the observedhealth impacts to the surrounding community.• Mr Lewis said there are precautionary principles relating to windows remainingclosed which do not include the extent of the building in the facility. The inclusion ofa requirement to have the proposed attic windows installed as non-opening, is highlyrecommended to eliminate recirculation of fumes. Unfortunately this does notprotect all the other open windows of the facility, of which there are many, nor does itafford any protection to open windows in the adjoining properties.• The laundry vent stack, in its revised location, continues to emit a cocktail offumes, resulting in observed health impacts to the near neighbours.• The loss of private open space in Mr Lewis’ backyard is a major issue, alsoimpacting a number of other properties in Tiral Street, and at least fouradditional properties directly.• Increasing the height of the vent stack to be clear of the low pressure areasgenerated by the roof profile (good design practice) may limit the potential tosend fumes towards the ground and into neighbouring properties.- 29 -

City Strategy Committee Meeting12 March 2012• Limiting the extent of the development at its current location will help mitigatethe bulk and scale of the development, reduce the loss of privacy and privateopen space, stop over-development and limit the cumulative impacts enduredby the local community.Planner’s CommentThe ‘vent stack’ relocation and subsequent measurements by Council’s expert‘Environodour’ indicate that there are no detectable odour emissions from the laundrystack. The report dated 17 May 2011 concludes that no chlorine smell was detected fromsamples of the emissions from the new (relocated) exhaust stack and that the measuredaverage odour concentration is unlikely to cause complaints (that had been previouslymade from residential neighbours). The report concludes that the exposure level ofnuisance odour in the vicinity of the facility meets regulatory requirements and that noadverse effects are expected if the facility is operated in the same manner as when thetests were undertaken.It should be noted here that the owner of the facility has provided advice that no chlorineproducts are used in the laundering on the site, and in fact no soaps at all are used in thelaundering process. A condition is to placed on any consent issued to this effect, asfollows:Laundry OperationProducts containing chlorine or chlorine related chemicals shall not be used during anycleaning or laundering of any materials within any laundry of the facility.The privacy and overlooking to Mr Lewis’ property, and other neighbouring residentialproperties, insofar as those properties are viewed from the proposed 12 attic rooms, hasbeen mitigated. Other existing overlooking issues from the facility into neighbouringresidential properties are noted, however unfortunately are not able to be regulated in aretrospective fashion.This application, and the three most recent preceding it, seek to maintain the developmentwithin the existing building footprint. Although repeated requests have been made of theapplicant / owner to produce a Masterplan for the future development of the site, asatisfactory Masterplan has not been produced to date, and it is considered that Councilshould continue to pursue this objective for all future development.Consultation:Council’s WER Department was consulted regarding the acoustic impacts of the proposal,and development in general. Council’s Principal Environmental Officer’s comments areincluded in the assessment section of this report.Implications:Policy Implications:The proposal is consistent with State Environmental Planning Policy (Housing for Seniorsor People with a Disability) 2004, Council’s Local Environmental Plan 2004, and also withDevelopment Control Plan 1 – Principles of Development.- 30 -

City Strategy Committee Meeting12 March 2012Environmental Implications:The additional attic bedrooms will not significantly impact upon the environment. Thelaundry exhaust stack emissions have been independently assessed as satisfactory by anair pollution expert, to both internal and external residents.Social Implications:The additional aged care beds within this facility will result in a positive social impact byproviding much needed accommodation for aged and infirm members of the localcommunity.Financial Implications:Council’s Section 94 Contribution section advises that a contribution of $105,676.38 isrequired for Council to provide the services generated as a result of the additional agedcare beds.Risk and Insurance Implications:There are no known risk or insurance impacts of the recommendation.Options:1. Council approve Development Application DA/1874/2010 subject to conditionscontained in Attachment 1 to this report, with updated s94 contributions of$105,676.38, and with the inclusion of three additional conditions requiring louvres tothe northern windows; prohibition of the use of chlorine products in the laundry of thefacility; and acoustic auditing and certification; or2. Council refuse Development Application DA/1874/2010, stating reasons for refusal.Conclusion:Based on the above assessment in combination with the original assessment, it isconcluded that the approval of DA/1874/2010 for the addition of 12 bedrooms to theexisting Amaroo Lodge Aged Care facility will not result in a significant impact on theenvironment, and is supported.Manager - Development Assessment & Compliance - Stephen BrownAttachments:1. Assessment Report DA/1874/2010 Aged Care Facility extension toattic 66 Dudley Road Charlestown - Amaroo LodgeD022163652. Graphic indicating views D02310328- 31 -

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeDEVELOPMENT ASSESSMENT REPORTDA/1874/2010Proposal: Addition of 12 Aged Care beds in Attic - Amaroo LodgeAddress: 66 Dudley Road, CharlestownApplicant: Hunter Valley Care Pty LtdOwner: Hunter Valley Care Pty Ltd and Woodsnug Pty LtdLodged: 27 October 2010Value: $600,000Precise and BackgroundIt is proposed to add 12 Aged Care bedrooms to an existing Aged Care Nursing Homeknown as Amaroo Lodge at 66 Dudley Road, Charlestown.The additional 12 beds are to be located in an existing roof space or ‘attic’. Stair and liftaccess, an office and a lounge are proposed in the space. Light will be gained from newdormer style windows to each room.Amaroo Lodge has been operating as an aged care facility on the site in various forms formany years, since approximately the 1970’s. The facility currently contains 95 beds forseniors residents requiring assisted/low care and high care dependence.A recent development application for a large expansion of the facility to the north was lodgedwith Council. This DA (DA/993/2009) raised significant concern within the community andCouncil due to it’s impact on the residential context of the locality. The application wassubsequently withdrawn and replaced with four separate applications seeking to containredevelopment within the existing building envelope.The recent issue of three development consents is as follows:DA/1836/2010 – “Genevieve Cottage” retirement village – internal alterations (10 beds to 10beds)DA/1924/2010 – “Iris Rooms 13-18” – internal alterations (18 beds to 14 beds in four wards)DA/2093/2010 – “Iris Rooms 1-12” – internal alterations (27 beds to 24 beds)The AssessmentThis report provides an assessment of the material presented in the application against allrelevant State and local planning legislation and policy.Section 79C: Potential Matters for Consideration79C(1)(a)(i) the provisions of any Environment Planning Instrument (EPI)State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004The proposal is consistent with the design requirements of Division 2 of the SEPP includingdesign principles and development standards.Lake Macquarie Local Environmental Plan 2004 (LMLEP)Clause 16 Development Consent – matters for consideration(a)Lifestyle 2020 Vision, Values and Aims12 VisionAttachment 1 Page 32

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeThe vision for land to which this plan applies is described in the Lifestyle 2020 Strategy,which is available from the office of the Council.13 ValuesThe 4 core values of that strategy are sustainability, equity, efficiency and liveability.14 AimsThe aims of the Lifestyle 2020 Strategy are to:(a)provide the community with realistic expectations about the future developmentpatterns for land in Lake Macquarie City, while retaining flexibility for land usedecision making in the longer term, and(b) reinforce and strengthen centres so that a wide range of commercial andcommunity services may be provided in a timely and accessible manner, and(c)(d)(e)(f)provide local employment opportunities for residents and promote economicdevelopment consistent with the City’s natural, locational and communityresources, andguide the development of urban communities that are compact, distinct anddiverse and include a range of housing types and activities, andachieve a strong sense of positive community identity, through the developmentof local communities that are safe and liveable and offer a diversity of uses,economic opportunities and ready access to services, anddevelop an attractive urban setting for the City which reflects its physical andnatural environment, and visual character, and(g) manage the City’s natural environment so that its ecological functions andbiological diversity are conserved and enhanced, and contribute to the City’soverall well being, and(h)(i)manage the City’s heritage and economic resources in a way that protects thevalue of these resources and enhances the City’s character, andintegrate land use with the efficient provision of public and private movementsystems.The proposal is consistent with the Lifestyle 2020 Vision, Values and Aims.(b)Objectives of ZoneThe land is zoned 2(2) Residential (Urban Living). The objectives of the zoned are to:(a)(b)(c)(d)(e)(f)provide for medium and high density housing, andencourage development of good quality design within the zone, andprovide an environment where people can live and work in home businesses andprofessional services whilst maintaining the residential amenity of the surroundingarea, andprovide residents with good access to a range of urban services and facilities, andencourage amalgamation of existing lots to facilitate well designed medium and highdensity development, andprovide for sustainable water cycle management.The proposal is consistent with the zone. The addition of the 12 units within the attic space,whilst an increase in the overall beds within the development, will not result in a significantdeterioration of the amenity of the surrounding residential neighbourhood.Attachment 1 Page 33

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeClause 17 Provision of essential infrastructureThe proposal is within an existing Aged Care Facility and essential infrastructure is available.The development plans are endorsed by the Hunter Water Corporation.Clauses 21, 23, 24, 26, 27, 28A, 29Not applicable.Clause 30 Control of pollutionThe works associated with the 12 additional bedrooms will not cause water pollution.Air pollution has been raised as an issue by residents neighbouring the development,particularly with regard to the noise from mechanical ventilation equipment and airconditioning units, and from the laundry exhaust stack in the form of soap powder odour andchlorine emissions.NoiseWith regard to the mechanical ventilation, it is agreed that the current noise created by themachinery is audible at neighbouring premises in the afternoon and early evening periods,prior to it ‘shutting off’ at a predetermined time. There is no suggestion that the noiseexceeds relevant criteria in a residential setting.Insofar as this development is concerned, the 12 extra bedrooms should not increase thenoise emitted through the existing system (presumably to be augmented to cater for theadditional space needed to be air conditioned). However, the existing noise associated withthe operation of that system is able to be limited by a condition of consent, should consent beissued. Council’s standard noise emissions condition should be relied upon in this instance.Laundry emissionsDuring the assessment of the application a separate matter concerning emission of chlorineand soap powder odour from the site became an issue for residents neighbouring thedevelopment.The owner of the facility was required to address the odour issue, and implemented a rangeof measures to reduce and eliminate the problem.Council was involved as an intermediary to ensure the interests of the residents impacted bythe odour and emissions were addressed.The owner undertook a study of the emissions, which was then assessed by an independentthird party retained by Council. Initial results and continued complaints by residentsindicated that the emissions had not be reduced or eliminated to a satisfactory level.Alternate stack locations were proposed and the final agreed outcome was the relocation ofthe stack from the western boundary of the property to the centre. The applicant thenelected to include the stack location and associated emissions in this developmentapplication.The emissions from the stack were tested by Council’s expert and the results are containedin the report from Environodour dated 17 May 2011 (see Appendix B).It is concluded that the new location of the exhaust stack and associated emissions areacceptable and do not cause offensive odour.To further safeguard against any offensive odour for the residents of the facility, the windowsproposed in close proximity to the exhaust stack should not be openable, nor relied upon forventilation. It is believed that the bedrooms may be mechanically ventilated as the existingbedrooms in the facility are ventilated in this manner. As the emissions have been deemedacceptable at the stack source, it is not expected that the air conditioning inlet will beimpacted. A condition to any consent issued shall be imposed accordingly.Attachment 1 Page 34

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeClause 31-37, 39, 40Not applicable.Clause 41 Development for the purpose of retirement villagesThe proposal meets the definition of retirement village.Clauses 42-54, 56, 59, 60 and 62Not applicable.79C(1)(a)(ii) the provisions of any draft EPIDraft State Environmental Planning Policy (Application of Development Standards) 2004Not applicable.79C(1)(a)(iii) the provisions of any Development Control Plan (DCP)Development Control Plan No. 1 – Principles of DevelopmentSection 1.9 – Development Notification RequirementsThe application was notified to adjoining and adjacent residences. A total of ten objectionswere received.The issues raised by the residents include noise, air emissions, lighting, privacy andoverlooking and traffic and parking impacts.Site meetings were held between the applicant and residents, without Council presence.Additional meetings were held between Council and residents at a neighbours residence,where issues were raised with Council and an explanation of the process was undertaken byCouncil.The issues raised by the residents are addressed in the application documentation and thisassessment report.Section 2.1 – Environmental Responsibility and Land Capability2.1.1 – 2.1.11Not applicable.2.1.12 Mine SubsidenceThe development plans are endorsed by the Mine Subsidence Board.2.1.13 - 2.1.14Not applicable.2.1.15 Noise and VibrationSee comments at Clause 30 consideration – Pollution Control, above.2.1.16 Air Quality and OdourSee comments at Clause 30 consideration – Pollution Control, above.2.1.17 Building Waste ManagementThe imposition of a standard condition regarding the management of building waste shalladdress this issue.Section 2.2 – Social ImpactAttachment 1 Page 35

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo Lodge2.2.1 Social Impact AssessmentNot applicable.Section 2.3 – Economic Impact2.3.1 Economic Impact AssessmentNot applicable.Section 2.4 – Heritage2.4.1 - 2.4.4Not applicable.Section 2.5 – Stormwater Management, Infrastructure and On-site Services2.5.1 - 2.5.5Not applicable.Section 2.6 – Transport, Parking, Access and Servicing2.6.1 - 2.6.5Not applicable.2.6.6 Vehicle Parking ProvisionThe existing site includes parking for 25 vehicles and 1 ambulance parking space. A total of26 staff will operate the facility which will house 107 beds.Clause 48 of SEPP (Housing for Seniors and People with a Disability) 2004 requires that anapplication cannot be refused if the car parking on the site is provided in accordance with thefollowing:48(d) parking for residents and visitors: if at least the following is provided:(i)(ii)(iii)1 parking space for each 10 beds in the residential care facility (or 1 parking space foreach 15 beds if the facility provides care only for persons with dementia), and1 parking space for each 2 persons to be employed in connection with the developmentand on duty at any one time, and1 parking space suitable for an ambulance.The applicant indicates that approximately 87% of the beds are for high care patients.Without considering the high care ratio, the requirements are 11 spaces for the 107 beds and13 spaces for the 26 staff, plus one ambulance bay. The development therefore complieswith the provisions of the SEPP and the application cannot be refused due to shortage of carparking spaces on the site.2.6.7 - 2.6.9Not applicable.2.6.10 Servicing AreasServicing of the facility will not be altered as a result of the additional 12 rooms and 2 staff.2.6.11 On-Site Bicycle FacilitiesNot applicable.Attachment 1 Page 36

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo Lodge2.6.12 Non-Discriminatory Access and UseAccess to the attic roof space is proposed via a lift. The Access Design Audit, plans andCouncil staff assessment demonstrate compliance with the relevant disability accessprovisions and the development is acceptable in this regard.Section 2.7 – Streetscape and the Public Realm2.7.1 Streetscape and Local CharacterThe addition of the dormer windows and exhaust stack is in keeping with the context of thebuilding and has a negligible impact on the streetscape of either Tiral Street to the rear, orDudley Road.2.7.2 - 2.7.6Not applicable.2.7.6 ViewsOverlooking from the northern attic windows to residential neighbours in Tiral Street hasbeen raised as an issue by neighbours through an objection to the development.The windows in question are located approximately 8-9 metres from the northern boundary,but are elevated above the neighbours rear yard at 42 Tiral Street.There are two windows per room on this elevation. The windows are set high and againstthe ceiling of the rooms. The rooms are used by aged persons and their carers.Given the separation distance and the use of the bedrooms, combined with the high sill andgeneral heights of the windows, views from the rooms over the separation distance to therear yard of the neighbour are not readily accessible and do not create a situation ofoverlooking that would in reality create a breach of privacy for the neighbour.2.7.7 - 2.7.9Not applicable.Section 3.1 – 3.7Not applicable.Part 4 – Area PlansNot applicable.79C(1)(a)(iiia) any planning agreement that has been entered into or any draftplanning agreement that the developer has offered to enter intoNot applicable.79C(1)(a)(iv) any matters prescribed by the regulations1 The Regulation 2000 provides:2 (1) For the purposes of section 79C (1)(a)(iv) of the Act, the following matters areprescribed as matters to be taken into consideration by a consent authority indetermining a development application:Attachment 1 Page 37

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo Lodge3 (a) in the case of a development application for the carrying out ofdevelopment:4 (i) in a local government area referred to in the Table to this clause, and5 (ii) on land to which the Government Coastal Policy applies,6 the provisions of that Policy,7 (b) in the case of a development application for the demolition of a building, theprovisions of AS 2601.Not applicable.79C(1)(b) the likely impacts of the developmentThe following matters were considered and, where applicable, have been addressedelsewhere in this report.Context & SettingWasteAccess, transport & trafficEnergyPublic domainNoise & vibrationUtilitiesNatural hazardsHeritageTechnological hazardsOther land resourcesSafety, security & crime preventionWaterSocial impact on the localitySoilsEconomic impact on the localityAir & microclimateSite design & internal designFlora & faunaConstruction79C(1)(c) the suitability of the site for developmentDoes the proposal fit the locality?The proposal is suited to the locality.Are the site attributes conducive to development?The site attributes are conducive to the development.79C(1)(d) any submissions made in accordance with this Act or theRegulations?Public submissions:Ten public submissions were received in objection to the proposal.Meetings were held between Council staff and residents on a number of occasions whereresidents expressed their concerns regarding the expansion of the facility and impacts on airquality, noise, parking/traffic, lighting and residential context of the neighbourhood.The specific issues of the residents were somewhat reduced through the withdrawal of thedevelopment application seeking major expansion of the facility.The remaining issues of air quality, noise, light and parking and privacy are minimised underthis application for the 12 attic rooms. This assessment concludes that the impact of theproposal against the concerns of the residents is acceptable.Submissions from public authorities:Not applicable.79C(1)(e) the public interestThe 12 additional aged care beds within this facility results in a positive social impact byproviding much needed supported accommodation for aged and infirm.Attachment 1 Page 38

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeConclusion:Based on the above assessment it is concluded that the 12 additional attic rooms within theAmaroo Lodge Aged Care Facility will result in a minimal impact on the environment and issupported.Recommendation:It is recommended that the application be approved, subject to the conditions contained inAppendix A of this report.Chris DwyerPrincipal Development PlannerDevelopment Assessment and ComplianceI have reviewed the above planning assessment report and concur with the recommendation.John AndrewsChief Development PlannerDevelopment Assessment and ComplianceAttachment 1 Page 39

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAPPENDIX A – CONDITIONSReason for the Imposition of ConditionsThe reason for the imposition of the following conditions is to ensure, to Council’ssatisfaction, the objects of the Environmental Planning and Assessment Act 1979 (asamended) are achieved:(a)(b)(c)To encourage:(i)(ii)(iii)(iv)(v)(vi)The proper management, development and conservation of natural andartificial resources, including agricultural land, natural areas, forest,minerals, water, cities, towns, and villages for the purpose of promoting thesocial and economic welfare of the community and a better environment;The promotion and co-ordination of the orderly and economic use ofdevelopment of land;The protection, provision, and co-ordination of communication and utilityservices;The provision of land for public purposes;The provision and co-ordination of community services and facilities;The protection of the environment, including the protection andconservation of native animals and plants including threatened species,populations, and ecological communities and their habitats;(vii) Ecologically Sustainable Development; and(viii) The provision and maintenance of affordable housing.To promote the sharing of the responsibility for environmental planning betweenthe different levels of government in the State.To provide increased opportunity for public involvement and participation inenvironmental planning and assessment.1. Prescribed Conditions(a)The work must be carried out in accordance with the requirements of the BuildingCode of Australia.(b) In the case of residential building work for which the Home Building Act 1989requires there to be a contract of insurance in force in accordance with Part 6 ofthat Act, that such a contract of insurance is in force before any building workauthorised to be carried out by the consent commences.(c)A sign must be erected in a prominent position on any site on which buildingwork, subdivision work or demolition work is being carried out:(i)(ii)(iii)showing the name, address and telephone number of the PrincipalCertifying Authority for the work, andshowing the name of the principal contractor (if any) for any building workand a telephone number on which that person may be contacted outsideworking hours, andstating that unauthorised entry to the work site is prohibited.Any such sign is to be maintained while the building work, subdivision work ordemolition work is being carried out, but must be removed when the work hasbeen completed.Attachment 1 Page 40

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo Lodge(d)Residential building work within the meaning of the Home Building Act 1989 mustnot be carried out unless the Principal Certifying Authority for the development towhich the work relates (not being the Council) has given the Council writtennotice of the following information:(i)(ii)in the case of work for which a principal contractor is required to beappointed:a. the name and licence number of the principal contractor, andb. the name of the insurer by which the work is insured under Part 6 ofthat Act,in the case of work to be done by an owner-builder:a. the name of the owner-builder, andb. if the owner-builder is required to hold an owner-builder permit underthat Act, the number of the owner-builder permit.If arrangements for doing the residential building work are changed while the work is inprogress so that the information notified under (d) becomes out of date, further workmust not be carried out unless the Principal Certifying Authority for the development towhich the work relates (not being the Council) has given the Council written notice ofthe updated information.2. Approved DocumentationThe development consent incorporates this schedule of conditions and the plans anddocuments referenced and stamped as follows:(a)Plans Reference:Architectural Drawings prepared by Empowered Living; Project Number1008_01_201Name of Plan Drawing Number Revision DateSite Plan A01 4 07.12.09Site Plan (Exhaust Stack) A01 1 29.04.10Elevations (Exhaust Stack) A02 1 29.04.10Level 3 Proposed Additions A04 3 01.09.09Elevations A05 4 07.12.09Sections A06 3 07.12.09Smoke Compartments A10 2 24.07.09Smoke Compartments A11 2 24.07.09(b)Document Reference:Document Reference Author DateStatement ofEnvironmental Effects2070063-301020-02297Worley Parsons25 October2010Disability AccessReport8079 Lindsay Perry 2 October 2008Emailcorrespondence to- Angela Bill,Hunter Valley17 March 2011Attachment 1 Page 41

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeLMCCCare Pty LtdDetails of the development shown in the approved plans and documents referencedare altered in the manner indicated by:(i)(ii)(iii)Any amendments made by Council on the approved plans or documents,Any notes, markings, or stamps on approved plans or documents, andAny conditions contained in this consent.3 Clause 94 ConsiderationAfter considering Clause 94 of the Environmental Planning and Assessment Regulation2000, it is considered appropriate to require the existing building to be brought intopartial conformity with the Building Code of Australia for fire safety. The followingitems/details shall be included in the application for a Construction Certificate.(a)Documentary evidence that the building will comply with the requirements ofType A Construction as detailed in the Building Code of Australia.NOTE: The requested information is not exhaustive and therefore does not precludethe accredited certifier from requesting additional information prior to the issue of aConstruction Certificate.4 Construction CertificatePrior to the completion of building works it will be necessary to obtain a ConstructionCertificate.5 Occupation CertificatePrior to the occupation and/or use of a new or altered building, an OccupationCertificate must be issued by the accredited certifier.6 Bed number limitsThe ‘attic’ or third level of Amaroo Lodge shall contain no more than 12 bedrooms,housing no more than one person per bedroom.Unless approved through a separate development application, the total number of bedswithin the retirement village / aged care facility known as Ashleigh Cottage, GenevieveCottage and Amaroo Lodge on Lot 110 DP 1131446 shall not exceed 108.7 Building CertificateThe Property Owner(s) is required to apply for a Section 149D Building Certificateunder the Environmental Planning and Assessment Act 1979. The application shall bemade prior to lodgement of the application for the Construction Certificate to completethe building works.The application is to be accompanied by the following documentation/monies:(a) Application form. This can be accessed viahttp://www.lakemac.com.au/page.aspx?pid=109&vid=10&fid=229&ftype=True(b) Payment of prescribed fee, being: $7,365.00,(c) Identification Survey Certificate,(d) Architectural Plans and Specification,(e)Building Code of Australia Compliance Report prepared by an appropriatelyqualified person. Where applicable the Building Code of Australia ComplianceReport is to be accompanied by a Fire Safety Report to detail any AlternateSolution to meet the Performance Requirements of the Building Code ofAttachment 1 Page 42

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo Lodge(f)(g)(h)(i)(j)(k)Australia. This report is to be prepared by a Level C10 Fire Safety Engineercurrently accredited by the Building Professionals Board within the State of NewSouth Wales.Structural Engineers Certificate and Details. The Structural Engineers Certificateis to report on the works completed to date and their compliance with theStructural Engineers Details and if the completed works are structurally adequateto support all proposed loads.Mechanical Services Certificate and Details. The Mechanical Services Certificateis to report on the works completed to date and their compliance with the relevantAustralian Standards and the Building Code of Australia.Electrical Services Certificate and Details. The Electrical Services Certificate is toreport on the works completed to date and their compliance with the relevantAustralian Standards and the Building Code of Australia.Hydraulic Services Certificate and Details. The Hydraulic Services Certificate isto report on the works completed to date and their compliance with the relevantAustralian Standards and the Building Code of Australia.Schedule of Existing and Proposed Essential Fire Safety Measures.Building Component Certificates to applicable Australian Standards, including butnot limited to:• Wet are flashing,• Glazing,• Section J of the Building Code of Australia “Energy Efficiency”requirements.NOTE: The prescribed fee has been calculated as per clause 260(1(a)) and (3A)(a) ofthe Environmental Planning and Assessment Regulation 2000 based on an estimatedvalue of building works of $600,000.00 and includes Council’s archiving fee of $25.00.8 Building WasteSuitable provision for the containment of building waste materials generated by thebuilding process, shall be provided within the boundaries of the building site prior toany construction work being commenced above natural or excavated ground level, asfollows:-(a)(b)(c)Such containment measures are to be either by means of a screened area of siltstop fabric or shade cloth, having dimensions of 2.4 x 2.4 x 1.2 metres high ORequivalent size waste disposal bin;The provision of a suitable enclosure or bin shall be maintained for the term ofthe construction to the completion of the project;The enclosure or bin shall be regularly cleaned to ensure proper containment ofthe building wastes generated on the construction site.Appropriate provision is to be made to prevent wind blown rubbish escaping from thecontainment.9 NoiseThe Laeq (15 minute) operating noise level of machinery, plant and equipment whenmeasured at the boundary of the worst affected residential premises shall comply witheither the amenity or intrusiveness criteria calculated in accordance with the NSWDepartment of Environment Climate Change and Water Industrial Noise Policy, whichis also applied to commercial premises. For assessing amenity criteria, the area shallbe categorised in accordance with the guidelines outlined in Chapter 2 of the policy.Attachment 1 Page 43

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo Lodge10 Noise - Sleep ArousalThe L1 (one minute) operating noise level during night time hours of the premiseswhen measured at the window of any affected residential dwelling shall comply with theNSW Department Environment, Climate Change and Water sleep arousal criteria,calculated in accordance with Chapter 19 of the NSW Department Environment,Climate Change and Water ( formerly EPA) Environmental Noise Control Manual.11 Noise - Construction SitesThe operating noise level of construction site operations , including machinery, plantand equipment when measured at any affected premises, shall be evaluated andcomply with the requirements of the NSW Department of Environment Climate Changeand Water publication “Interim Construction Noise Guideline” July 2009.Time RestrictionsMonday to Friday, 7.00am to 6.00pm.Saturday, 7.00am to 1.00pm if inaudible on residential premises, otherwise: 8.00amto 1.00pm.No construction work to take place on Sundays or Public holidays.SilencingAll possible steps should be taken to silence construction site equipment. It isparticularly important that silenced equipment should be used on road or rail workswhere 24 hour operations is necessary.If the construction period is in excess of 26 weeks, the applicant is to provide Councilwith a Site Management Plan prepared with the assistance of a recognised acousticconsultant, indicating whether the use of machinery, plant and equipment during thoseoperations can be completed without causing offensive noise to neighbourhood.Operational times may be further restricted or relaxed with the written advice ofCouncil’s General Manager or their delegate.12 EmissionsThere shall be no interference with the amenity of the neighbourhood by reason of theemission of any "offensive noise", vibration, smell, fumes, smoke, vapour, steam, soot,ash or dust, or otherwise as a result of the proposed development.In this regard the northern windows to the attic extension shall not be openable.13 Disability Access RequirementsAccess for people with disabilities shall be provided from the building to kerb rampsand footpaths along the street frontage, by means of a continuous path of travel inaccordance with Australian Standard AS 1428.1.Note: Additional legislation exists to promote the provision of services, which enablepeople with a disability to maximise their potential, further their integration in thecommunity and achieve positive outcomes.The following legislation may be relevant:- The NSW Disability Services Act 1993- The Commonwealth Disability Discrimination Act 1992- NSW Anti Discrimination Act 1977.Attachment 1 Page 44

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeFor further information please consult:- Human Rights and Equal Opportunity Commission- NSW Anti Discrimination Board.14 Contribution to Provision of Services (Section 94)(a)(b)(c)(d)In accordance with the provisions of Section 94 of the Environmental Planningand Assessment Act 1979 and the Lake Macquarie Section 94 Contributions PlanNo. 1 – City Wide - Charlestown Catchment 2004 (as amended), the monetarycontributions in the attached Contributions Schedule shall be paid to Council forthe purposes identified in that Schedule.From the date this determination is made until payment, the amounts of thecontributions payable under the preceding clause will be indexed and adjusted atthe close of business on:- 14 August,- 14 November,- 14 February, and- 14 Mayin each year in accordance with the Consumer Price Index published by theAustralian Bureau of Statistics and the provisions of the Lake Macquarie Section94 Contributions Plan No. 1 – City Wide - Charlestown Catchment 2004 (asamended).The first date for indexation and adjustment shall be the date above which isclosest to but follows the date on which the Notice of Determination becomeseffective.The contributions payable will be the amounts last indexed and adjusted inaccordance with Clause (b) above. However, if no amount has been indexed andadjusted because the first date for indexation and adjustment has not arrived, thecontributions payable shall be those in clause (a) above.The contributions shall be paid to Council as follows:• Development Applications involving subdivision – prior to the release of theSubdivision Certificate.• Development Applications involving building work – prior to the release ofthe first Construction Certificate.• Development Applications involving both subdivision and building work –prior to the release of the Subdivision Certificate or first ConstructionCertificate, whichever occurs first.• Development Applications where no Construction Certificate or SubdivisionCertificate is required – prior to the release of the development consent orprior to Occupation.Please note that should payment be made by cheque or electronic transfer therelease of any documentation will be subject to the clearing of those funds.Consumer Price Index details are available from Council’s Community PlanningDepartment and the Australian Bureau of Statistics.A copy of the Lake Macquarie Section 94 Contributions Plan No. 1 – City Wide -Charlestown Catchment 2004 (as amended) is available for inspection at the Council’sAdministrative Building during Council’s ordinary office hours.Attachment 1 Page 45

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeCONTRIBUTION FEE SCHEDULEDESCRIPTIONFEE AMOUNTCharlestown Catchment - OSA Land $52,144.79Charlestown Catchment - RF - Capital $32,988.17Charlestown Catchment - CF - East Lake - Land $5,007.59Charlestown Catchment - CF - North Lake - Capital $13,642.49Charlestown Catchment - Management $1,184.80TOTAL $104,967.84Attachment 1 Page 46

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAPPENDIX B – ODOUR ASSESSMENT REPORTAttachment 1 Page 47

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAttachment 1 Page 48

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAttachment 1 Page 49

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAttachment 1 Page 50

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAttachment 1 Page 51

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAttachment 1 Page 52

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAttachment 1 Page 53

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAttachment 1 Page 54

Attachment 1 Assessment Report DA/1874/2010 Aged Care Facility extension to attic 66Dudley Road Charlestown - Amaroo LodgeAttachment 1 Page 55

Attachment 2Graphic indicating viewsAttachment 2 Page 56

City Strategy Committee Meeting12 March 201212STRAT008Council Ref:Report By:Swansea - Modification to Trading Hours of Swansea McDonald'sDA/1261/2010/A - D02376787Development Planner - Anna KleinmeulmanApplication Details:Location: Lot 100 DP 816335, 240 Pacific Highway, SwanseaMap Ref: Map 178 - H15 (UBD)Zoning: 3(1) Urban Centre (Core)Owner: McDonald’s Australia LtdApplicant: Fran Johnson – Richmond & Ross Pty LtdApplic Date: 8 th April 2011Précis:The applicant seeks to increase the trading hours of the Swansea McDonald’s restaurantfrom 6am to 10pm to 6am to 12 midnight. It is stated that under the original consent forthe McDonald’s restaurant issued in 1991 the restaurant traded to midnight, however thehours were amended under the most recent approval issued in 2010 which restrictedtrading to 6am to 10pm.The application has been assessed against relevant planning controls, inclusive of publicsubmissions and is considered worthy of support subject to conditions of consent.Recommendation:That the application be approved subject to the conditions contained in Attachment 2 tothis report.Background:Consent was originally granted for the Swansea McDonald’s under DA/91/00545 on 22November 1991. This consent was silent on hours of trading however the applicant hasstated that the restaurant has historically traded until midnight under this consent.An application for modifications to the restaurant was approved on the 8 December 2010.Condition 19 of this consent (DA/1261/2010) restricted hours of operation to between 6amand 10pm daily. These hours were based on information submitted with DA/559/2009stating that the current trading hours for the Swansea McDonald’s restaurant were 6am to10pm.Proposal:Consent is sought for the modification of trading hours approved for the SwanseaMcDonald’s restaurant under DA/1261/2010. Under this consent trading hours arerestricted to 6am to 10pm. The applicant wishes to extend the closing time to 12 midnight.- 57 -

City Strategy Committee Meeting12 March 2012Consultation:Twenty-two nearby properties were notified of the proposed amendment to trading hours.Six submissions were received (including 3 outside the notification area) raising the issuesof vandalism, anti-social behaviour, noise, traffic and litter. These issues are detailed inthe Assessment Report . It is considered that these issues can be addressed throughmanagement practices and conditions of consent and do not warrant refusal of theapplication.Implications:Policy Implications:There are no policy implication resulting from the proposal.Environmental Implications:Issues associated with loss of residential amenity have been raised in the publicsubmissions. The issues raised are responded to within the Assessment Report attached.Two of the dominant issues highlighted by objectors to the proposal were litter within thesurrounding street network and anti-social behaviour on and around the site. A summaryof the discussion of these issues contained in the Assessment Report is provided below:Litter• Several site inspections have been undertaken by the assessing officer. Theamount of litter in the surrounding street system associated with McDonald’s wasobserved to be minimal and did not support the objectors claims of unacceptablelevels of litter surrounding the McDonald’s restaurant.• The Swansea McDonald’s Plan of Management (POM) identifies that regular litterpatrols are undertaken by restaurant staff and that any general untidiness isattended to at once when it comes to the Manager’s attention.• The restaurant holds a log book of all incidents (including reports of litter). Thefrequency of incidents, together with the response is included in the siteperformance review for future refinement of procedures.Anti-Social Behaviour• Vandalism of private property in the surrounding area cannot be attributed to theoperation of the McDonald’s restaurant.• McDonald’s has procedures in place to deal with drunk or disorderly patrons.These patrons are ejected from the premises and an incident report is completed.Police are called to assist in the removal of patrons exhibiting anti-social behaviourif required. The provision of on-site security guards will aid in the deterrence ofanti-social behaviour and the quick removal of these patrons from the site.• The duty manager of the restaurant is required to closely monitor the noisemanagement procedures to ensure that customers keep noise down upon enteringand leaving the premises. The POM contains provisions that, If required, signsmay be erected requesting that customers leave quietly and in a prompt mannerso as not to cause disturbance to the surrounding neighbourhood. In light of theobjections received concerning noise, it is considered appropriate for these signs- 58 -

City Strategy Committee Meeting12 March 2012to be erected. In addition, the security guards will be able to manage excessivenoise from patrons promptly and minimise the impact on surrounding residents.Whilst loss of residential amenity is a major issue for consideration and should be givensignificant weight, it is considered that through the implementation of the Plan ofManagement as well as the provision of on-site security guards, the above issues can beadequately managed.Social Implications:Apart from the issues raised above, there are no other social implications arising from theproposal.Financial Implications:There are no financial implications as a result of the proposalRisk and Insurance Implications:There are no risk or insurance implications as a result of the proposal.Options:1. Approve the application subject to the conditions of consent contained inAttachment 2.2. Refuse the application.Conclusion:The amendment will allow the restaurant to trade as it has historically (for approximately20 years) under DA/91/00545. Specific hours of operation were absent from the originalconsent. It is considered that these trading hours will not result in a significant adverseimpact on the locality and are worthy of support subject to the provision of on-site securityguards and the implementation of the restaurant’s Plan of Management.Manager - Development Assessment & Compliance - Stephen BrownAttachments:1. Assessment Report D021475542. Proposed Conditions of Consent D023819333. Swansea McDonald's Plan of Management D02381037- 59 -

Attachment 1Assessment ReportAssessment ReportApplicationNumber:DA/1261/2010/A Date: 6 January 2012Location LOT 100 DP 816335240 PACIFIC HIGHWAY, SWANSEA NSW 2281APPLICATION DESCRIPTION:PROPOSALRestaurant (modification to trading hours)Consent is sought for the modification of trading hours approved for the SwanseaMcDonald’s restaurant under DA/1261/2010. Under this consent trading hours wererestricted to 6am to 10pm. The applicant wishes to extend the closing time to 12 midnight inline with the hours they were trading prior to the application being determined.HISTORYConsent was originally granted for the Swansea McDonald’s under DA/91/00545 on 22November 1991. This consent was silent on hours of operation however the applicant hasstated that the restaurant has historically traded until 12 midnight under this consent.An application for modifications to the restaurant was approved on the 8 of December 2010.Condition 19 of this consent (DA/1261/2010) restricted hours of operation to between 6amand 10pm daily. These hours were based on information submitted with DA/559/2009 statingthat the current trading hours for the Swansea McDonald’s restaurant were 6am to 10pm.ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979Section 96(1)(a)Section 96(1)(a) of the Environmental Planning and Assessment Act 1979 details that anapplication may be made to a consent authority to modify a consent that has been approvedsubject to the following:(a)the consent authority is satisfied that the proposed modification is of minimalenvironmental impactThere is considered to be minimal environmental impact as a result of the additional 2hours of trading proposed under this application. As stated, the restaurant has historicallytraded to 12 midnight.(b)the consent authority is satisfied that the development to which the consent as modifiedrelates is substantially the same development as the development for which theconsent was originally granted and before that consent as originally granted wasmodified (if at all), andThe development is defined as a restaurant under the Lake Macquarie LEP 2004. Thealteration to trading hours will result in substantially the same development as originallyapproved. No modifications are proposed to the built structure.Attachment 1 Page 60

Attachment 1Assessment Report(c)the consent authority has notified the application in accordance with:(i) the regulations, if the regulations so require, or(ii) a development control plan, if the consent authority is a Council that has made adevelopment control plan that requires the notification or advertising of applicationsfor modification of a development consent, andSurrounding property owners were notified of the application and given 14 days to makea submission in accordance with Council’s notification policy.(d) the consent authority has considered any submissions made concerning the proposedmodification within any period prescribed by the regulations or provided by thedevelopment control plan, as the case may be.There were 6 submissions received objecting to the alteration to trading hours. These arediscussed later in this report and have been considered in the determination of theapplication.Section 79C Matters for ConsiderationState Environmental Planning PoliciesThere are no SEPPs relevant to the subject application.Local Environmental Planning PoliciesLake Macquarie Local Environmental Plan 2004The proposal does not alter compliance of the development with LMLEP 2004.Development Control PlansDevelopment Control Plan No. 1The amendment to the development consent involves increasing the approved closing hoursfrom 10pm to 12 midnight. The potential issues associated with this alteration are theacoustic impact on surrounding residents and the safety and security of staff, patrons and thegeneral public. These issues are discussed below.2.1.15 Noise and VibrationThe intent of Council’s control is to ensure that any noise and vibration source, now or in thefuture will not affect the surrounding population, whether they are employees, workers orresidents in adjoining or nearby buildings or passersby.The subject site is zoned 3(1) Urban Centre (Core) and the operation of a restaurant on thesite is consistent with the expected usage of the land. The site is bordered by commercialdevelopment to the north, Wood Street to the west and Pacific Highway to the east andsouth. Residential development is located on the opposite side of Wood Street and thePacific Highway to the west, south and east (see Figure 1).Attachment 1 Page 61

Attachment 1Assessment ReportFigure 1 - Location of ObjectorsThe closest residences are the properties opposite the subject site in Wood Street which areapproximately 25m from the car park and drive-thru facility and 40m from the restaurantbuilding. The residence to the south and east are approximately 40m and 90m respectivelyfrom the car park and 80m and 110m from the building.A noise assessment was prepared by Atkins Acoustics and submitted with the originalapplication. This report assesses the potential impacts of the operation of the restaurant to12 midnight and concludes that the activities and operations taking place meet the noisecriteria as set in the Industrial Noise Policy and Noise Guide for Local Government subject tothe recommendations made in the report which were:• Selection of a new air conditioning plant (AC1, AC2 and AC3) in accordance with theacoustic performance referred to in Table 4.• Installation of electronic controllers to ensure low speed operation of AC1 and AC2between 10pm and 12pm to ensure a 5dB noise reduction.• Exhaust fan well walls to be internally lined with Pyrotek Reapor 50mm or equivalent.• Refridgeration cabinet internally lined with acoustic insulations (50mm thinck min.24kg/m 3 )• Where practical, utilisation of car spaces 1-3 for staff parking.• Selection of HME headsets/speakers with the AV (automatic volume control) for theCOD system.Compliance with this report was conditioned in the original consent (condition 24).The acoustic assessment has been reviewed by Council’s Environmental Managementsection which advise that the assessment is acceptable and supports the proposal to operateuntil 12 midnight. It is also advised that there is no guarantee that there will be noexceedence to the specified noise criteria as a result cars screeching, loud exhaust or radiosystems in vehicles, anti-social behaviour of groups of people leaving or entering the site byfoot, etc. These sources are difficult to account for within an acoustic assessment but mayhave an overall impact. This is acknowledged and it is considered that these can beadequately controlled through the implementation of the restaurant’s ‘Plan of Management’,with the addition of on-site security guards between the hours of 10pm and 12 midnightAttachment 1 Page 62

Attachment 1Assessment ReportFriday to Sunday as discussed below. As such it is considered that the proposal is able tomeet the intent of the DCP.2.7.9 Safety and SecurityThe intent of this section of the DCP is to reduce opportunities for crime, and increaseliveability, safety and security. The application has been assessed with regard to theprinciples contained in Crime Prevention Through Environmental Design includingsurveillance, access control, territorial reinforcement and space management.In an assessment of the application, Council’s Community Planner (Safety & Security) hasrecommended three measures be taken on the site to reduce the risk to staff and patrons.These are as follows:1. The use of security guards between 10pm and 12 midnight due to the likelihood ofintoxicated persons in the area after the closing of the local establishments.2. Security alarms fitted to the building with remote monitoring and response.3. Quality CCTV monitoring and surveillance system fitted with the clarity of surveillancehaving the capacity to identify facial characteristics of potential offenders.The applicant has submitted the ‘Plan of Management’ for Swansea McDonald’s whichaddresses safety and security and operational procedures for the restaurant. Points 2 and 3are covered in this plan and compliance with the POM will be conditioned in the consent.In lieu of on-site security guards recommended, the applicant proposes to utilise the mobilesecurity service employed by the Swansea Business Chamber to enforce the Street WatchProgram. This service operates 10pm – 2am Sunday to Thursday and 9pm – 4am Friday andSaturday. Council’s Community Planner (Safety and Security) has reviewed this proposaland has deemed it to be unsatisfactory in that the security patrol, which is operated byNewcastle Security, has advised that they would be unable to provide a dedicated service toMcDonald’s as part of the Business Chamber patrols. It is considered that intermittent patrolswould not be sufficient to address the issues associated with anti-social behaviour in andaround the McDonald’s site and as such the presence of security guards on site isconsidered warranted in order to address issues such as loitering, anti-social behaviour andexcessive noise from patrons. Their presence will be included as a condition of consent andwill provide safety and security for both staff and patrons.Subject to the implementation of the ‘Plan of Management’ and the provision of on-sitesecurity guards Friday to Sunday, it is considered that opening the restaurant to 12 midnightwill not generate significant crime or safety concerns for staff, patrons and the surroundingcommunity.Likely ImpactsBased on the above assessment and the implementation of conditions, it is not envisagedthat there will be a significant impact as a result of the proposal.Suitability of the SiteThe alterations do not affect the suitability of the site for the proposed development. TheMcDonald’s restaurant is located in a 3(1) Urban Centre (Core) zone.SubmissionsThere were six (6) submissions received from surrounding property owners. These werereceived from the following addresses (shown marked in Figure 1):Attachment 1 Page 63

Attachment 1Assessment Report• 247 Old Pacific Highway, Swansea• 244 Old Pacific Highway, Swansea• 21-35 Wallace Street, Swansea• 137 Bowman Street, Swansea• 271 Pacific Highway, Swansea• 256 Pacific Highway, SwanseaThe issues raised in each of the submissions were similar and are summarised below:Objection / IssueVandalism of private property in thesurrounding area.Anti-social and drunken behaviour of patrons.Noise from vehicles entering and leaving thesite (burnouts and blowing horns)Noise from patronsNoise from pedestrians going to and leavingMcDonald’sIncrease in trafficResponseVandalism of private property cannot besolely attributed to the patrons ofMcDonald’s, nor is it something thatMcDonalds can address given it is occurringoff site. The fact that the vandals may havevisited McDonald’s does not makeMcDonald’s responsible for their actions offsite.Liquor is not permitted to be consumed onthe site. The Plan of Management for therestaurant details staff responsibilities whenfaced with drunk or disorderly patrons.According to the Plan of Management, thesepatrons are ejected from the premises andan incident report is completed. Police arecalled to assist in the removal of patronsexhibiting anti-social behaviour if required.The provision of on-site security guards willaid in the deterrence of anti-social behaviourand the quick removal of these patrons fromthe site.The presence of security guards on-site willdeter antisocial behaviour in and around thesite.The ‘Plan of Management’ outlines measuresassociated with noise management. Underthe POM the duty manager is required toclosely monitor the noise managementprocedures to ensure that customers keepnoise down upon entering and leaving thepremises. If required signs may be erectedrequesting that customers leave quietly andin a prompt manner so as not to causedisturbance to the surroundingneighbourhood. In light of the objectionsreceived concerning noise, it is consideredappropriate for these signs to be erected. Inaddition, the security guards will be able tomanage excessive noise from patronspromptly.Noise generated by pedestrians when not atthe McDonald’s site is largely out of thecontrol of McDonald’s.It is not envisaged that there will be aAttachment 1 Page 64

Attachment 1Assessment ReportIncrease in litterCurrently operating outside the approvedhours.significant increase in traffic as a result of thealteration to trading hours. It is noted that therestaurant has historically traded until 12midnight.Several site inspections have beenundertaken. There was not a significantquantity of litter observed in the streetssurrounding the McDonald’s restaurantduring these inspections. At the most recentinspection approximately 12 individual pieceswere indentified which was not considered tobe a significant quantity.It is considered that the additional 2 hourstrading will not significantly increase litter inthe area. The restaurant undertakes regularlitter patrols and the POM states that anygeneral untidiness is attended to at oncewhen it comes to the Manager’s attention.The restaurant also holds a log book whereany reports of litter, etc are recorded as wellas the time taken to attend to them. Thefrequency of incidents, together with theresponse is included in the site performancereview for future refinement of procedures.The Plan of Management forms an approveddocument and therefore compliance can beenforced where necessary.This is being addressed under theDevelopment ApplicationThe applicant has responded to the objections with the following statement:“McDonald’s do not encourage or condone the type of acts and/or behaviour that are raisedwithin the public submissions. It is unfortunate that individuals choose to act inappropriately,but it is considered that McDonald’s cannot be held responsible for the actions of anindividual, specifically those members of the public who may have, prior to visitation of theMcDonald’s operation, been consuming alcohol at home or at a nearby licensed premises.Notwithstanding, McDonald’s implement an operational plan of management across alloperations within NSW…Specifically, there are a number of crime prevention initiatives thatare in place to ensure undesirable behaviour is discouraged and mitigated appropriately.”The Plan of Management outlines many of the crime prevention initiatives undertaken at therestaurant. It is considered that with the proper implementation of the Swansea McDonald’sPlan of Management and the provision of on-site security guards between the hours of 10pmand 12 midnight on Friday to Sunday nights, the issues discussed above can be addressed.RECOMMENDATIONIt is recommended that the application is approved subject to the conditions contained in theoriginal consent with the addition of the following:− On-Site Security“To preserve the safety and security of staff, customers and the general public,assist staff in the management of customers and deter anti-social behaviour inand around the site, an appropriately licensed security guard is to be present atAttachment 1 Page 65

Attachment 1Assessment Report−−the site between the hours of 10pm and 12 midnight on Friday, Saturday andSunday nights.”Advisory Signage“Signage shall be erected at the entry and exit of the site requesting thatcustomers leave quietly and in a prompt manner so as not to cause disturbance tothe surrounding neighbourhood.”Amendment to Condition 6 “Approved Documentation” to include the restaurant’sPlan of Management.ENDORSEMENTThe staff responsible for the preparation of the report, recommendation or advice to any personwith delegated authority to deal with the application has no pecuniary interest to disclose inrespect of the application.The staff responsible authorised to determine the application have no pecuniary interest todisclose in respect of the application. The report is enclosed and the recommendation thereinadopted.Anna KleinmeulmanDevelopment PlannerDevelopment Assessment & ComplianceAttachment 1 Page 66

Attachment 2Proposed Conditions of Consent10 January 2012MCDONALDS PROPERTIES (AUSTRALIA) PTY LTDPO Box 320NEWCASTLE NSW 2300Application To Modify Development ConsentNotice Of DeterminationPursuant to Section 96 of the Environmental Planning and Assessment Act 1979 and Clause122 of the Environmental Planning and Assessment Regulation 2000.Development Application No:Property Address:Original Proposal:Modification sought:Determination Status:Determination Date:DA/1261/2010/ALot 100 DP 816335, McDonalds, 240 Pacific Highway,SWANSEA NSW 2281Restaurant - Alterations And Additions - AmendmentHours Of OperationConsent to operate from: 8 December 2010Consent to lapse on: 8 December 2015Conditions of Consent(Approved subject to the conditions specified in this notice and in accordance withthe stamped approved plans.)Reason For The Imposition Of ConditionsThe reason for the imposition of the following conditions is to ensure, to Council’ssatisfaction, the objects of the Environmental Planning and Assessment Act 1979 (asamended) are achieved:(a)To encourage:(i)(ii)The proper management, development and conservation of natural andartificial resources, including agricultural land, natural areas, forest,minerals, water, cities, towns, and villages for the purpose of promoting thesocial and economic welfare of the community and a better environment,The promotion and co-ordination of the orderly and economic use ofdevelopment of land,Attachment 2 Page 67

Attachment 2Proposed Conditions of Consent(iii)(iv)(v)(vi)The protection, provision, and co-ordination of communication and utilityservices,The provision of land for public purposes,The provision and co-ordination of community services and facilities, andThe protection of the environment, including the protection andconservation of native animals and plants including threatened species,populations, and ecological communities and their habitats, and(vii) Ecologically Sustainable Development, and(viii) The provision and maintenance of affordable housing.(b)(c)To promote the sharing of the responsibility for environmental planning betweenthe different levels of government in the State, andTo provide increased opportunity for public involvement and participation inenvironmental planning and assessment.1. Prescribed Conditions(a)The work must be carried out in accordance with the requirements of theBuilding Code of Australia.(b) In the case of residential building work for which the Home Building Act 1989requires there to be a contract of insurance in force in accordance with Part 6 ofthat Act, that such a contract of insurance is in force before any building workauthorised to be carried out by the consent commences.(c)A sign must be erected in a prominent position on any site on which buildingwork, subdivision work or demolition work is being carried out:(i)(ii)showing the name, address and telephone number of the PrincipalCertifying Authority for the work, andshowing the name of the principal contractor (if any) for any building workand a telephone number on which that person may be contacted outsideworking hours, and(iii) stating that unauthorised entry to the work site is prohibited.Any such sign is to be maintained while the building work, subdivision work ordemolition work is being carried out, but must be removed when the work hasbeen completed.(d) Residential building work within the meaning of the Home Building Act 1989must not be carried out unless the Principal Certifying Authority for thedevelopment to which the work relates (not being the council) has given theCouncil written notice of the following information:Attachment 2 Page 68

Attachment 2Proposed Conditions of Consent(i)in the case of work for which a principal contractor is required to beappointed:a. the name and licence number of the principal contractor, andb. the name of the insurer by which the work is insured under Part 6 ofthat Act,(ii)in the case of work to be done by an owner-builder:a. the name of the owner-builder, andb. if the owner-builder is required to hold an owner-builder permit underthat Act, the number of the owner-builder permit.If arrangements for doing the residential building work are changed whilethe work is in progress so that the information notified under (d) becomesout of date, further work must not be carried out unless the PrincipalCertifying Authority for the development to which the work relates (notbeing the Council) has given the Council written notice of the updatedinformation.(e)(i)For the purposes of section 80A (11) of the Act, it is a prescribed conditionof development consent that if the development involves an excavationthat extends below the level of the base of the footings of a building onadjoining land, the person having the benefit of the development consentmust, at the person’s own expense:a. protect and support the adjoining premises from possible damagefrom the excavation, andb. where necessary, underpin the adjoining premises to prevent anysuch damage.(ii)The condition referred to in (e) (1) does not apply if the person having thebenefit of the development consent owns the adjoining land or the ownerof the adjoining land has given consent in writing to that condition notapplying.2. InspectionsThe applicant is responsible to notify the Principal Certifying Authority giving adequatenotice of the time that each stage of the building/development is ready for inspection.Non mandatory inspections are required when work has reached the stages as follows.Schedule Of Inspections:Food Shops - floor, wall, ceiling finishes (prior to fitting and fixtures) to be carried out,Attachment 2 Page 69

Attachment 2Proposed Conditions of Consentby an “authorised officer”, as defined in the Food Act 2003.Food Shop Completion ) to be carried out, by an “authorised officer”, as defined inthe Food Act 2003 (Food) prior to opening of the premises.Hairdressing Premises Inspection - by Environmental Health Officer (Health) prior toopening of the premises.Skin Penetration Premises inspection - by Environmental Health Officer (Health)prior to opening of the premises.Inspection of Vehicular Access to Property across Footpath (prior to pouringconcrete).Occupation/Use Inspection – Inspection authorising occupation and or use of thedevelopment.3. Approved DocumentationThis development consent incorporates plans/and or documents referenced andstamped:(a)(b)Development Consent No. 1261/2010/APlans Reference:Design Drawings; prepared by: Richmond and Ross Pty Limited; for Alterations toMcDonalds Family Restaurant 240 Pacific Highway Swansea NSW 2281Name of Plan Drawing No. Drawing Revision DateExisting / Demolition Plan A001 1 September 2009Proposed Site Plan A002 0 May 2010Signage Details A003 1 June 2010Demolition Floor Plan D100 0 May 2010Proposed Floor Plan A100 0 September 2009Existing & ProposedElevationExisting & ProposedElevationA201 2 August 2009A202 0 September 2009(c)Document Reference:− Acoustic Report by Atkins Acoustics and Associates Pty Ltd, reference –40.6274.R3:CFCD5, Revision – 00, Dated November 2010Attachment 2 Page 70

Attachment 2Proposed Conditions of Consent−Plan of Management – McDonald’s Swansea – 240 Pacific Highway,SwanseaDetails of the development shown in the approved plans and documents referencedare altered in the manner indicated by:(i)(ii)(iii)Any amendments in RED on the approved plans or documents;Any notes, markings, or stamps on approved plans or documents:Any conditions contained in this consent.4. Construction CertificatePrior to the commencement of work for the construction of a building or structure, it willbe necessary to obtain a Construction Certificate.5. Occupation CertificatePrior to the occupation and/or use of a new or altered building, an OccupationCertificate must be issued by the accredited certifier.6. Commencement of the Use of the LandCommencement of the use of the land identified in this consent for the purposesapproved by this consent, shall not commence until all conditions of this consent havebeen complied with and an interim Occupation Certificate has been issued.7. Erosion & Sediment ControlsPrior to the commencement of work on the site, erosion and sediment control shall beinstalled in accordance with Council's Guidelines for Erosion and Sediment Control andthe Blue Book (Landcom, 2004) as follows:(a)(b)(c)Sediment fence consisting of 1.5m tall driven pickets at 2.5m maximum intervalswith Geotextile filter fabric securely attached to the pickets with the base of thefabric entrenched a minimum 150mm below undisturbed ground surface and/orstraw bales fixed in a 100mm deep trench and held in position with stakes driven600mm into the ground. Ensure any star pickets are fitted with safety caps. Theuse of shade cloth for this purpose is not satisfactory.The site entrance/exit shall be constructed where identified on the site plansubmitted with the DA. It shall have a minimum width of 3 metres with a surfaceof compacted aggregate (minimum 30mm to a max of 75mm) or a sealedsurface. Where the sediment fence joins onto the site access, construct a humpin the access to divert water to the sediment fence.Provision of a blue metal filled groin adjacent to the kerb inlet. The groin shall be900 mm long by 200 mm diameter to be filled with 10-18 mm blue or crushedrock.Attachment 2 Page 71

Attachment 2Proposed Conditions of Consent(d)(e)Material stock pile area (eg. sand or soil) shall be contained with a silt fenceinstalled as per condition (a).Any other directions given by Council’s Sediment and Erosion Control Officer.Should any soil or sediment escape from the building site (for example from vehicletyres) it is to be cleaned off the roadway or gutter immediately to ensure it can not enterthe drainage system. Any nearby drainage pit must be protected with blue metalsausages.These controls are to be effectively maintained throughout the construction and postconstruction phase until the site’s groundcover is measured at 90%. Failure to complywith these requirements may lead to Council instituting legal proceedings under theProtection of the Environment Operations Act 1997.8. HoardingsThe applicant is required to apply to Council’s Asset Management Department forapproval to install hoarding, site fencing or overhead protective structures over oradjoining a public place i.e. a footpath or a Public Reserve. No work on hoarding is tocommence until written approval is obtained. This does not apply to site fencing on theproperty boundary or within private propertyFees are payable as set out in Council’s Pricing Policy.9. Construction Site Safety FencingConstruction site safety fencing must be provided around the construction area toprevent unauthorised access to the construction site.10. Unobstructed Footpath AccessThroughout the construction of the approved development on the land, Councils’footpath is to be kept clear of any materials, refuse, skip bins or the like under anycircumstances to allow unobstructed access by pedestrians.Where it is not possible to store materials, refuse, skip bins or the like on the site, it willbe necessary to make an application to Councils’ Asset Management Department, toerect barricades and the like, to provide safe pedestrian access.Note - Fees are payable as set out in Council’s Pricing Policy.11. Road OpeningsThe applicant is hereby given permission to open a road/footpath for the installation ofall water services, cables or mains. Upon completion of the work, you shall return thesurface to a safe condition.All precautions must be taken to protect the public while work is in progress.Prior to carrying out an opening, please contact Council’s Customer Service Centre on4921 0333 to advise when the works will be carried out.Attachment 2 Page 72

Attachment 2Proposed Conditions of ConsentRestoration fees will apply.12. Building WasteSuitable provision for the containment of building waste materials generated by thebuilding process, shall be provided within the boundaries of the building site prior toany construction work being commenced above natural or excavated ground level, asfollows:-(a)(b)(c)Such containment measures are to be either by means of a screened area of siltstop fabric or shade cloth, having dimensions of 2.4 x 2.4 x 1.2 metres high ORequivalent size waste disposal bin;The provision of a suitable enclosure or bin shall be maintained for the term ofthe construction to the completion of the project;The enclosure or bin shall be regularly cleaned to ensure proper containment ofthe building wastes generated on the construction site.Appropriate provision is to be made to prevent wind blown rubbish escaping from thecontainment.13. DemolitionDemolition work shall be carried out only between the hours of 7.00am to 5.00pmMondays to Fridays and 8.00am to 5.00pm Saturdays. No work is to be carried out onSundays or public holidays.Council's road and footpath is not to be damaged or obstructed at any time.No trees shall be removed from the site, unless approved by Council and shown on theapproved plans.Erosion and sediment control measures shall be installed and maintained inaccordance with Council's Development Control Plan No. 1, a copy of which isavailable from Council's Administrative Offices.The site is to be grassed and otherwise rendered erosion resistant immediately uponcompletion of demolition.Temporary toilet facilities shall be provided during the course of demolition inaccordance with Council's requirements ie. chemical closet or temporary sewerconnection. Separate application shall be made to council where a chemical closet isproposed.All demolition work shall be carried out strictly in accordance with Australian StandardAS 2601—1991: The Demolition of Structures, published by Standards Australia, andas in force at 1 July 1993.Demolition work, as defined within Chapter 10 of the Occupational Health and SafetyRegulation 2001, must be undertaken by a licensed contractor.Attachment 2 Page 73

Attachment 2Proposed Conditions of Consent14. AsbestosIf asbestos is encountered during construction or demolition work, measures must be inplace in accordance with WorkCover NSW guidelines. Work must not commence untilall the necessary safeguards required by WorkCover NSW are fully in place.You must be licensed to remove and handle asbestos, if asbestos greater than 10m 2 isproposed to be removed. Failure to comply with this can result in fines beingissued.Contractors who are licensed for asbestos disposal by WorkCover NSW must onlycarry out the removal and disposal of asbestos from demolition and construction sites.Prior to commencing work on demolition sites where buildings containing asbestos areto be demolished, a commercially manufactured sign containing the words “DANGERASBESTOS REMOVAL IN PROGRESS” measuring 400mm x 300mm (see below) is tobe erected in a prominent visible position on the site in accordance with AS1319“Safety Signs for the Occupational Environment”.The applicant shall notify adjoining residents in writing five (5) working days prior to thedemolition of asbestos buildings.Asbestos waste must only be disposed of at a landfill authorised to receive such waste.Council’s Awaba Waste Management Facility can accept asbestos, for a fee, whichmust be safely secured in accordance with the relevant guidelines. At least 24 hoursprior notice must be given to allow an area to be prepared for disposal. The AwabaWaste Management Facility can be contacted on (02) 4959 3337.15. Removal, Management And Transportation Of FillThe excavated fill material is to be removed and shall only be distributed to:(i)(ii)A NSW Environment Protection Authority licensed waste disposal facility. A copyof the receipts from the waste disposal facility shall be kept and must be providedto the Principal Certifying Authority or authorised officer upon request; orA site which has a current development consent for the importation of fill material.A copy of the current development consent for the proposed site to which thematerial is to be distributed must be provided to the Principal Certifying Authorityor authorised officer upon request.All excavated material is to be removed, transported and disposed of in accordancewith the NSW Environment Protection Authority guidelines.16. Dust SuppressionAttachment 2 Page 74

Attachment 2Proposed Conditions of ConsentDuring the extraction, removal, and transportation of material associated with theworks, the applicant shall ensure that airborne dust is contained within the work site ortransport vehicles, and does not impact on the amenity of the surrounding environment.Effective environmental controls and practices must be implemented and maintainedto the satisfaction of Council or the Principal Certifying Authority.17. Potential Acid SulphateThe allotment has been identified with mapping undertaken by the Department ofEnvironment, Climate Change and Water to be within a Low Probability zone for acidsulphate affecting the soil.Prior to works commencing, an assessment of acid sulphate soils potential beundertaken in the area affected by demolition or construction works. Should acidsulphate soils be present, an acid sulphate soils management plan should be preparedand submitted to Council. Guidance on the preparation of such a plan can be found inthe NSW Acid Sulphate Soils Management Advisory Committee document titled AcidSulphate Soils Manual (1998).18. Noise - Construction SitesThe operating noise level of construction site operations , including machinery, plantand equipment when measured at any affected premises, shall be evaluated andcomply with the requirements of the NSW Environment Protection Authority publication“Interim Construction Noise Guideline” July 2009.Time RestrictionsMonday to Friday, 7.00am to 6.00pm.Saturday, 7.00am to 1.00pm if inaudible on residential premises, otherwise: 8.00amto 1.00pm.No construction work to take place on Sundays or Public holidays.SilencingAll possible steps should be taken to silence construction site equipment. It isparticularly important that silenced equipment should be used on road or rail workswhere 24 hour operations is necessary.If the construction period is in excess of 26 weeks, the applicant is to provide Councilwith a Site Management Plan prepared with the assistance of a recognised acousticconsultant, indicating whether the use of machinery, plant and equipment during thoseoperations can be completed without causing offensive noise to neighbourhood.Operational times may be further restricted or relaxed with the written advice ofCouncil’s General Manager or their delegate.19. Hours of OperationAttachment 2 Page 75

Attachment 2Proposed Conditions of Consent20. Following commencement of occupation, the premises shall operate or trade onlybetween the times stated as follows:Mondays to Fridays 6.00am to 10.00pmSaturdays 6.00am to 10.00pmSundays and Public Holidays 6.00am to 10.00pm20. Construction Of Food PremisesREASON: To ensure compliance with the Food Regulation 2004, under the Food Act2003, the Local Government Act 1993 and Regulations, Standard 3.2.3 – FoodPremises and Equipment, of the Australia New Zealand Food Standards Code,Australian Standard AS 4674-2004 “Design, construction and fit-out of food premises”,and Council's local policies, for the purpose of sanitation, rodent and vermin proofingand to reduce the risk of food borne illness.(a)(b)(c)(d)Compulsory Inspection Prior To OpeningPrior to commencing to operate the food premises, an inspection of the premisesshall be carried out, by an “authorised officer”, as defined in the Food Act 2003,to ensure that the premises including the construction and installation of allequipment, fixtures and fittings and finish therein comply with Standard 3.2.3 –Food Premises and Equipment, of the Australia New Zealand Food StandardsCode, Australian Standard AS 4674-2004 “Design, construction and fit-out offood premises” and Council's local policies.Fitout To Comply With Acts & CodesThe walls, floors and ceiling construction including finishes and fitout of roomsused for food preparation, storage or display shall comply with the requirementsof the Food Regulation 2004 under the Food Act 2003, Standard 3.2.3 – FoodPremises and Equipment, of the Australia New Zealand Food Standards Code,Australian Standard AS 4674-2004 “Design, construction and fit-out of foodpremises”, and Council's local policies.Solid WallsThe walls including internal walls of the food premises to the food preparationareas, kitchens, sculleries, food displays, food serveries and food storage areasshall be of solid construction eg. brick, concrete, concrete block. lightweightconcrete block or other similar approved homogenous material.Wall FinishesAny kitchens, sculleries, food preparation areas, food serveries and the like shallbe finished to a height of at least two (2) metres above the floor level with:-(i)glazed tiles fixed in accordance with the requirements of AS3958.1;Attachment 2 Page 76

Attachment 2Proposed Conditions of Consent(e)(f)(g)(i)(ii)stainless steel or other approved impervious material adhered directly tothe wall.Rendering Walls Above Two (2) MetresWhere wall tiling does not extend to the ceiling level the wall surface above thetiles shall be rendered to a smooth steel trowel finish flush with the face of thetiles and painted with a durable gloss paint of a light colour.No Ledge On Wall TilesThe face of the tiles fixed to the vertical wall surfaces shall be flush with theadjoining wall surfaces to reduce the likelihood of the collection of dust and otheraccumulations on the ledge formed.CeilingsCeilings over food preparation, display and storage areas are to be constructedof rigid smooth faced material such as plasterboard or villa board finished with setjoints and a plaster cornice at the walls and is required to be painted in awashable gloss paint of a light colour.Floor FinishesFloors are to be covered with approved floor coverings:(i)(ii)(iii)with the use of ceramic floor tiles coved with a 25mm ceramic cove tile atthe intersection with the walls, orwith the use of a continuous sheet vinyl returned 150mm up the wall to forma cove and sealed to the wall and fillet with an approved fillet or backingpiece to provide support, orwith the use of impervious trowelled epoxy over concrete, coved at theintersection of the walls and floor.Attachment 2 Page 77

Attachment 2Proposed Conditions of Consent(j)(k)(m)(n)(o)(p)(q)(r)(s)FloorwastesFloors are to be adequately graded and drained to the required floor waste(s).Light FittingsLight fittings being recessed flush to the ceiling surface or be attached to theunderside of the ceiling, such as squareline profile, which does not have ledges,is sealed to the ceiling and provided with diffuser covers. Pendant lights are notpermitted behind the front line of the counter area.Vermin ProofingWindows, external doors and other external openings shall be provided withvermin and insect proofing.Coolroom ConstructionAny cool rooms and freezing rooms shall be constructed and drained inaccordance with Standard 3.2.3 – Food Premises and Equipment, of theAustralia New Zealand Food Standards Code, Australian Standard AS 4674 andCouncil's local policies.Coolroom CovingCoving of the coolroom and/or freezer room shall be finished up to a 25mmaluminium "arrowhead" moulding installed 50mm above the finished floor surfaceto prevent damage to the coving and to allow ease of cleaning.Coolroom FloorThe floor of the coolrooms/freezer rooms must be finished with a trowelled epoxyfinish or tile with an epoxy grout or similar to ensure that the floor is imperviousand easily cleaned. The concrete floor must be coved a minimum of 25mm andcapped with an aluminium arrowhead.Coolroom ShelvingShelves to the coolroom/freezer rooms shall be constructed of galvanised pipe,angle iron, T iron, flat metal or other approved materials, all of which should betreated to prevent corrosion. The base of the shelves in the coolroom/freezerroom must be at least 300mm above the floor surface.Coolroom Top InfillThe coolroom being sealed and vermin proofed against the existing ceiling andwall surface.Plumbing & ElectricalServices pipes, conduits, condensate drains and the like being concealed behindthe finished floor and ceiling surfaces. Where such services are installed prefabricatedpanels provide 25mm clearance off panel surfaces. NOTE : The useof corrugated electrical conduit is not permitted.Attachment 2 Page 78

Attachment 2Proposed Conditions of Consent(t)(u)(v)(y)(z)Fixed ThermometersAll hot and cold holding units used for storage of perishable foods eg.coolrooms/freezer rooms, fridges, pie warmers, bain maries, roller grills etc. mustbe fitted with permanent thermometers accurate to one (1) degree that are ableto be read from outside the unit (ie. without opening the unit) and must be fitted ina location that gives an accurate reading of the temperature of the food.Refrigeration DrainageThe refrigeration condensation drainage shall be conveyed to the reticulatedsewerage system where available and in other cases disposed of without causinga nuisance.Equipment 150mm Off FloorAll cookers, ovens, vats, fridges, freezers, benches, dishwashers, hot waterheaters, cupboards, shelves or similar appliances or equipment are required tobe fitted with legs so as the base of the unit is at least 150mm off the floorsurface. Further consideration must be given to deep units so as to not hinderShelves Over Food Preparation AreasShelves, storage racks and other projections shall not be located above foodstorage or food preparation benches in rooms used for food preparation, storageor display to ensure that foreign matter does not fall into or contaminate an articleof food.Roller ShuttersWhere roller shutters are provided, the drum casings are to be concealed abovethe ceiling level or enclosed in a plasterboard bulkhead.(ac) Menu Boards(ai)Menu boards are to be sealed to the adjoining ceiling and/or wall surfaces anddesigned to eliminate ledges.Inspection RequirementsIt is the Applicants responsibility to ensure that the appropriate progress and finalinspections of the food premises fitout have been carried out by the PrincipalCertifying Authority.Following the issue of an Occupation Certificate, Council’s EnvironmentalManagement Section shall be notified within 7 days, for the premises to beregistered with Council as a food business.21. Lodgement Of Food Premises Fit-Out PlansPrior to the issue of a Construction Certificate, the applicant is to submit appropriatelydetailed working plans of internal finishes, fitments and appliances to the PrincipalCertifying Authority for its approval. The working drawings are to be in accordance withAttachment 2 Page 79

Attachment 2Proposed Conditions of Consentthe requirements of the Food Act 2003, Food Regulation 2004 and AS 4674-2004“Design, Construction and Fit-out of Food Premises”.22. Refrigerated Chamber, Strong Rooms & VaultsA refrigerated or cooling chamber strong room or vault which is of sufficient size for aperson to enter must -• have a door which is in an opening with a clear width of not less than 600 mmand a clear height of not less than 1.5 m; and• at all times, be able to be opened from inside without a key; and• have a suitable alarm device located outside but controllable only from within thechamber, room or vault and capable of achieving a sound pressure level outsidethe chamber, strong room or vault of 90dB(A) when measured 3 M from thesounding device.• internal lighting controlled only by a switch which is located adjacent to theentrance doorway inside the chamber, strong room or vault; and• an indicator lamp positioned outside the chamber, strong room or vault, which isilluminated when the interior lights are switched on.G 1.2 Building Code of Australia23. NoiseThe Laeq (15 minute) operating noise level of machinery, plant and equipment whenmeasured at the boundary of the worst affected residential premises shall comply witheither the amenity or intrusiveness criteria calculated in accordance with the NSWEnvironment Protection Authority Industrial Noise Policy, which is also applied tocommercial premises. For assessing amenity criteria, the area shall be categorised inaccordance with the guidelines outlined in Chapter 2 of the policy.24. Acoustic CertificationCouncil has reviewed, considered and relied on the information provided in theacoustic report prepared by Atkins Acoustics project number 40.6274.R3: CFCD5dated November 2010 when assessing this development.The applicant shall ensure that the recommendations /controls contained in thisacoustic report are incorporated into the design and construction of the development.An acoustic consultant shall be engaged to assist with the preparation of the finalbuilding plan and specifications to ensure compliance with any acoustic conditions andthat no other noise nuisance is created to the neighbourhood.Upon completion of the works, a certificate shall be provided from an acousticconsultant certifying that the works have been completed in accordance with theirrequirements prior to the issue of an Occupation Certificate.Attachment 2 Page 80

Attachment 2Proposed Conditions of ConsentAt three (3) months of commencement of occupation, a certificate shall be providedfrom an acoustic consultant, certifying that the acoustic performance detailed in theapproved acoustic report and conditions of consent has been achieved.25. EmissionsThere is to be no interference with the amenity of the neighbourhood by reason of theemission of any "offensive noise", vibration, smell, fumes, smoke, vapour, steam, soot,ash or dust, or otherwise as a result of the proposed development.26. Garbage Storage AreasThe garbage washing and bin storage area is to be constructed of, or lined withmaterials that are durable, impervious to moisture, and capable of being easily cleaned.The storage area is to be supplied with hot and cold water, roofed and the floor bunded,graded and drained to a sump, which shall be connected to the sewer in accordancewith the requirements of the Hunter Water Corporation.Construction details shall be provided to Council prior to the issue of a constructioncertificate.Adequate facilities are to be provided in a screened location within the premises for theseparate storage of recyclable and non-recyclable material and arrangements shall bemade for the regular removal and disposal of those materials.27. Car parking and allocation of spacesA total of 42 car parking spaces shall be constructed in accordance with the minimumrequirements of Australian Standard AS/NZS 2890.1 - 2004 “Parking facilities Part 1:Off-street car parking” and Council’s Development Control Plan and maintained on theland in accordance with the Approved Plans.The spaces shall be allocated in the following proportions:40 - Restaurant2 - Disabled car spacesThe car parking spaces are to be identified on-site by line-marking and must benumbered upon the completion of the works. The car parking provided shall only beused in conjunction with the uses contained within the development.The required disabled car parking spaces shall be clearly marked and signposted foruse by disabled persons.All designated restaurant car parking spaces shall be available for use by employeesand clientele during the business hours of the approved development unless shownotherwise on the approved plans.28. Parking Areas & Access WaysAttachment 2 Page 81

Attachment 2Proposed Conditions of ConsentAll parking areas and access ways shall be constructed, sealed and drained inaccordance with the standards nominated in Lake Macquarie City Council’sDevelopment Control Plan No. 1 and the associated Engineering Guidelines.29. Car Parking AllocationCar parking spaces labelled 1, 2 and 3 on the approved plans are to be used for staffparking.30. Bicycle Parking racksBicycle parking racks shall be provided to accommodate bicycles in accordance withDCP 1..31. LightingLighting of the land shall be designed so as to ensure minimal glare onto adjoiningproperties or roadways. The design of the lighting shall comply with the relevantAustralian Standard.32. External Storage of ProductsThe external storage of any products on site is not permitted.33. Fix Damage Caused By Construction WorksThe Applicant shall make good any damage or injury caused to a public road orassociated structures including drains, kerb and gutter and utility services caused as aconsequence of the development works. Any disused gutter and footpath crossingshall be removed and replaced with full kerb to match adjoining kerb to the satisfactionof the Principal Certifying Authority.34. Advisory SignageSignage shall be erected at the entry and exit of the site requesting that customersleave quietly and in a prompt manner so as not to cause disturbance to the surroundingneighbourhood.35. On-Site SecurityTo preserve the safety and security of staff, customers and the general public, assiststaff in the management of customers and deter anti-social behaviour in and aroundthe site, an appropriately licensed security guard is to be present at the site betweenthe hours of 10pm and 12 midnight on Friday, Saturday and Sunday nights.Attachment 2 Page 82

Attachment 2Proposed Conditions of ConsentRight of AppealIf you are dissatisfied with this decision (including a determination on a review under Section82A), Section 97 of the Environmental Planning and Assessment Act 1979 gives you theright to appeal to the Land and Environment Court within six (6) months:(a) after the date on which you receive this notice, or(b) the date on which that application is taken to have been determinedThe Environmental Planning & Assessment Act 1979, does not give a right of appeal to anobjector who is dissatisfied with the determination of the Council to grant consent to adevelopment application, unless the application is for designated development (includingdesignated development that is integrated development) either unconditionally or subject toconditions, the objector may, within twenty eight (28) days after the date on which the noticeof the determination was given in accordance with the regulations, and in accordance withrules of court, appeal to the Court.Right of ReviewSection 82A of the Environmental Planning and Assessment Act 1979 provides that theapplicant may request the Council to review the determination. The request must be made inwriting (or on the review application form) within 28 days after the date as specified in thisnotice of determination, together with payment of the appropriate fee. (See note below).Note: A request to review the determination .of a development application pursuant toSection 82A of the Environmental Planning and Assessment Act 1979 can only beundertaken where the consent authority is Council, other than:(a)(b)(c)(d)A determination to issue or refuse to issue a complying development certificate,orA determination in respect of designated development, orA determination in respect of integrated development, orA determination made by the Council under Section 116E in respect of anapplication by the Crown.Anna KleinmeulmanDevelopment PlannerDevelopment Assessment and ComplianceAttachment 2 Page 83

Attachment 3Swansea McDonald's Plan of ManagementAttachment 3 Page 84

Attachment 3Swansea McDonald's Plan of ManagementAttachment 3 Page 85

Attachment 3Swansea McDonald's Plan of ManagementAttachment 3 Page 86

Attachment 3Swansea McDonald's Plan of ManagementAttachment 3 Page 87

Attachment 3Swansea McDonald's Plan of ManagementAttachment 3 Page 88

City Strategy Committee Meeting12 March 201212STRAT009Council Ref:Report By:Morisset McDonald's - 24 hour operation of "Drive-Thru"DA/453/2008/C - D02273927Development Planner - Anna KleinmeulmanApplication Details:Location: Lot 1 DP 1152746, 117 Dora Street, MorissetMap Ref: Map 182 K8 (UBD)Zoning: 3(2) Urban Centre (Support)Owner: McDonald’s Australia LtdApplicant: McDonald’s Australia LtdApplic Date: 27 June 2011Précis:The applicant seeks consent for the continued 24 hour operation of the “drive-thru” facilityof the McDonald’s restaurant located at 117 Dora Street, Morisset. The applicationoriginally sought consent for the continued 24 hour operation of both the restaurant and“drive-thru”, however the application was amended removing the restaurant componentduring the assessment process.The application has been assessed in accordance with the provisions contained inSection 79C of the Environmental Planning and Assessment Act 1979 and is consideredto be consistent with the relevant assessment criteria.Recommendation:That Development Application 453/2008/C for Morisset McDonald’s 24 hour operation ofthe “Drive-Thru” be approved subject to the conditions contained in Attachment 2 to thisreport.Background:Approval was granted for the construction of the restaurant under DA/453/2008 on 30 July2008. Under this consent, the “drive-thru” was permitted to operate 24 hours a day, 7days a week for a trial period of 12 months. This approval was amended on 22 December2009 to allow the restaurant to also trade 24 hours a day, 7 days a week for a trial periodof 12 months. Following the expiration of the 12 month trial period, hours of operationwere required to revert to 5am to 12 midnight for both the “drive-thru” and restaurant.An Interim Occupation Certificate was issued for the development on 10 December 2009,as such the 12 month trial is considered to have begun at this date for both “drive-thru”and restaurant.On 16 June 2011, Council received a complaint from a local resident relating to issuesassociated with the operation of the restaurant. At this time, it was discovered that the 12month trial period had lapsed and that the restaurant was operating outside its conditions- 89 -

City Strategy Committee Meeting12 March 2012of consent. The owner was advised to cease 24 hour trading immediately andsubsequently lodged the subject application on 27 June 2011.It is understood that whilst the “drive-thru” was operated on a 24 hour basis during the trialperiod, the restaurant was not.Proposal:The application proposes the modification of DA/453/2008 to allow the continued 24 houroperation of the “drive-thru” only. The restaurant is proposed to retain the approved hoursof 5am to 12 midnight.Consultation:Twenty-four property owners were notified of the proposed modification to the existingdevelopment consent. Two submissions were received objecting to the proposal on thegrounds of noise, vandalism, litter and anti-social behaviour.These issues have been addressed in detail in the Assessment Report attached and arenot considered to warrant refusal of the application.Implications:Policy Implications:There are no policy implications associated with the proposal.Environmental Implications:The two submissions received raised residential amenity issues including noise, litter andvandalism as issues associated with the late night operation of McDonald’s. These issuesare discussed in Assessment Report attached and summarised below:Antisocial behaviourLitter• The restaurant is located in a commercial zone and is separated from theobjectors properties by approximately 160m and 260m respectively.• It is considered unlikely that the 24 hour operation of the drive-thru willsignificantly affect the rate of vandalism in the locality as it does not encouragepatrons to remain in the area.• McDonald’s Plan of Management requires the duty manager to closely monitornoise management procedures and ensure customers keep noise down uponentering and leaving the premises. A condition of consent shall be imposedrequiring signs to be erected requesting customers to leave the site quietly and ina prompt fashion.• Since the restaurant began operation in December 2009, only two incidents havebeen recorded at the premises.• Observations made during site inspections did not support the objectors claims ofexcessive litter in the surrounding area.• The operation of the drive-thru only does not encourage patrons to remain in thearea and no pedestrians will be served at the drive-thru.- 90 -

City Strategy Committee Meeting12 March 2012• The restaurant has a practice where litter patrols are undertaken to collect rubbishwithin a 200m radius of the restaurant twice daily.Whilst loss of residential amenity is major issue for consideration and should be givensignificant weighting, it is considered that the issues raised can be appropriately managedthrough the proper implementation of the restaurant’s Plan of Management which wassubmitted with the application and is attached to this report.Social Implications:Apart from the issues raised above, there are no other social implications associated withthe proposal.Financial Implications:There are no financial implications associated with the proposalRisk and Insurance Implications:There are no risk or insurance implications associated with the proposal.Options:1. Approve the proposed modification subject to the conditions contained inAttachment 2.2. Refuse the applicationConclusion:The impact on the amenity of the local area is not considered to be significantly affectedby the proposal. The continuance of 24 hour trading for the drive-thru is consideredworthy of support.Manager - Development Assessment & Compliance - Stephen BrownAttachments:1. Assessment Report D022721992. Proposed Conditions D023806743. Plan of Management D02380379- 91 -

Attachment 1Assessment ReportASSESSMENT REPORTAPPLICATIONNUMBER:DA/453/2008/C DATE: 5 January 2012LOCATION LOT 1 DP 1152746117 DORA STREET, MORISSETApplication Description:Proposal:Restaurant – 24 hour trading for Drive-thruThe application originally lodged with Council sought approval for the continued 24 houroperation of the McDonald’s Restaurant and Drive-Thru at 117 Dora Street, Morisset. Duringthe assessment process the application was amended seeking 24 hour operation of thedrive-thru component only.BackgroundApproval was granted for the construction of the restaurant under DA/453/2008 on 30 July2008. Under this consent, the drive-thru was permitted to operate 24 hours a day, 7 days aweek for a trial period of 12 months. This approval was amended on 22 December 2009 toallow the restaurant to also trade 24 hours a day, 7 days a week for a trial period of 12months. Following the expiration of the 12 month trial period, hours of operation wererequired to revert to 5am to 12 midnight.An Interim Occupation Certificate was issued for the development on 10 December 2009, assuch the 12 month trial is considered to have begun at this date for both the drive-thru andthe restaurant.On 16 June 2011, Council received a complaint from a local resident relating to issuesassociated with the operation of the restaurant. At this time, it was discovered that the 12month trial period had lapsed and that the restaurant was operating outside its conditions ofconsent. The owner was advised to cease 24 hour trading immediately and subsequentlylodged the subject application on 27 June 2011.It is understood that whilst the drive-thru was operated on a 24 hour basis during the trialperiod, the restaurant was not.Environmental Planning & Assessment Act 1979Section 96(1)(a)Section 96(1)(a) of the Environmental Planning and Assessment Act 1979 details that anapplication may be made to a consent authority to modify a consent that has been approvedsubject to the following:(a)the consent authority is satisfied that the proposed modification is of minimalenvironmental impactAttachment 1 Page 92

Attachment 1Assessment ReportThere is considered to be minimal environmental impact as a result of the continued 24hour trading of the drive-thru.(b)the consent authority is satisfied that the development to which the consent as modifiedrelates is substantially the same development as the development for which theconsent was originally granted and before that consent as originally granted wasmodified (if at all), andThe development is defined as a restaurant under the Lake Macquarie LEP 2004.Theoriginal consent contained 24 hour trading of the drive-thru on a trial basis, therefore thedevelopment is the same as originally approved. No modifications are proposed to thebuilt structure.(c)the consent authority has notified the application in accordance with:(i) the regulations, if the regulations so require, or(ii) a development control plan, if the consent authority is a Council that has made adevelopment control plan that requires the notification or advertising of applicationsfor modification of a development consent, andSurrounding property owners were notified of the application and given 14 days to makea submission in accordance with Council’s notification policy.(d) the consent authority has considered any submissions made concerning the proposedmodification within any period prescribed by the regulations or provided by thedevelopment control plan, as the case may be.• There were 2 submissions received objecting to the application. These are discussedlater in this report.•• Section 79C Matters for Consideration•• State Environmental Planning Policies•• There are no SEPPs relevant to the subject application.•• Local Environmental Planning Policies•• Lake Macquarie Local Environmental Plan 2004•• The development is defined as a restaurant. The proposed trading hours do not altercompliance of the development with LMLEP 2004.•• Development Control Plans•• Development Control Plan No. 1•• The amendment to the development consent involves the operation of the drive-thrufacility at the restaurant 24 hours a day, 7 days a week on a permanent basis. The potentialissues associated with this proposal include the acoustic impact on surrounding residentsand the safety and security of staff, patrons and the general public. The relevant sections ofDCP 1 are discussed below.•Attachment 1 Page 93

Attachment 1Assessment Report• 2.1.15 Noise and Vibration•• The intent of Council’s control is to ensure that any noise and vibration source, nowor in the future will not affect the surrounding population, whether they are employees,workers or residents in adjoining or nearby buildings or passersby.•• The subject site is zoned 3(2) Urban Centre (Support) and is bordered by residentialdevelopment to the north, Ourimbah Street, Auston Oval and residential development to theeast, Dora Street, Morisset golf course and Country Club to the south and commercialdevelopment to the west (see Figure 1).••−Figure 1 - Site Context•• The residences potentially affected by the proposal are the properties oppositeAuston Oval located approximately 160m from the site and the property directly to the northwhich is approximately 120m away.•• An Acoustic Assessment for the development was undertaken by Atkins Acousticsand submitted with the original proposal. This report concluded that the operation of therestaurant (including noise from mechanical plant, outdoor dining, and transient night timeactivities) satisfies the project noise goals subject to appropriate plant selection andinstallation, effective site management and the provision of acoustic walls.•• Following construction, Atkins Acoustics conducted a compliance audit of the site,confirming that the operations and installation of plant equipment complied with the projectnoise goals and that the appropriate acoustic barriers had been installed.•• From the submissions received, it is clear that it is the behaviour of some patrons ofthe restaurant rather than the general operation which are causing concern. The acousticassessment does not take into consideration noise as a result of cars screeching, loudexhaust or radio systems and anti-social behaviour on the site which are issues raised in theAttachment 1 Page 94

Attachment 1Assessment Reportpublic submissions as these are difficult to account for within an acoustic assessment. Theremoval of the 24 hour operation of the restaurant from the proposal will decrease thelikelihood of the site being used as a gathering place and the noise issues associated withthe congregation of patrons at the site.•• In an effort to minimise disturbance of local residents, it is recommended that signsbe erected at the entry and exit to the car park requesting customers to respect neighbours,keep noise to a minimum and leave the site in a prompt fashion. This measure is included insection 4.6 of the Plan of Management submitted with the application. In addition, staff havethe ability request that patrons leave the site if they are considered to be creating excessivenoise. The procedure is outlined in the submitted POM and with proper implementation, it isconsidered that issues associated with noise and antisocial behaviour can be adequatelyaddressed on site.••• 2.7.9 Safety and Security•• The intent of this section of the DCP is to reduce opportunities for crime, and increaselivability, safety and security. The application has been assessed with regard to the principlescontained in Crime Prevention Through Environmental Design including surveillance, accesscontrol, territorial reinforcement and space management.•• The proposal was assessed under the above-mentioned principles in the assessmentof the original application by both NSW Police and Council’s Community Planning section.No major concerns were raised in regard to the 24 hour operation of the drive-thru at thistime.•• The current application was referred to the NSW Police for comment. Whilst itopposes the 24 hour operation of the restaurant, there is no objection to the drive-thrucomponent which attracts a different type of customer to that of the restaurant.•• Condition 6 of the original consent required the restaurant manager to keep a diary ofany incidents and the resolution of these matters during the 24 hour trial trading period. Uponrequest, this diary was submitted to Council. This shows only 2 incidents having taken placeat the restaurant. Both resulted in damage to the restaurant doors following customers beingrefused service in the drive-thru. This diary has been kept since the restaurant was openedin December 2009. As such the rate of incidents at the establishment is considered to be lowand they are not considered to warrant refusal of the application.•• The ‘Plan of Management’ for Morisset McDonald’s addresses safety and securityand operational procedures for the restaurant. The measures implemented under this Planare considered to adequately address CPTED principles and manage the site so asmaximise the safety and security of staff and patrons. General practices and features on siteinclude, but are not limited to the following:− Staff are educated on deterring anti-social behaviour at the restaurant;− Lighting of the restaurant and associated parking, as well as the design andlayout of the restaurant, ensures that anti-social behaviour is minimised;− Traffic devices have been installed within the car park to maintain low speeds onsite;− The presence of security cameras assists in deterring anti-social behaviour andallows further visibility of occurrences on the site;− The site has frontage to Dora Street which provides constant passive surveillanceto the restaurant.Attachment 1 Page 95

Attachment 1Assessment Report• The Plan of Management is included as an approved document in the DevelopmentConsent as ‘Security Management Plan’.••• Likely Impacts•• Based on the above assessment and the implementation of conditions, it is notenvisaged that there will be significant impact as a result of the proposal.•• Suitability of the Site•• The modification does not affect the suitability of the site for the proposeddevelopment. The McDonald’s restaurant is located in a 3(2) Urban Centre (Support) zone.•• Submissions•The properties notified of the original application were notified of the amendment and given14 days to make a submission. Two submissions were received objecting to the proposal.Upon the request of a local resident, the notification was widened to include additionalproprieties which may be affected. There were no submissions received from the propertiesnotified in the second round.The submissions received were from 115 Dora Street and 25 Stockton Street, Morisset. Theissues raised were common to both submissions and are summarised below.−Figure 2 - Notified Properties (Objectors properties shown outlined)Objection/IssueVandalism of propertyCommentResidents have reported McDonald’s itemsbeing thrown at parked cars, etc. Vandalismof property is a reflection of antisocial activityAttachment 1 Page 96

Attachment 1Assessment Reportin the area and cannot be solely attributed toMcDonald’s and its hours of operation. It isconsidered unlikely that the 24 houroperation of the drive-thru will significantlyaffect the rate of vandalism in the locality asit does not encourage patrons to remain inthe area. It should further be noted that theCaltex Service Station located at 125-127Dora Street is also open 24 hours whichenhances the surveillance of the area.Noise from antisocial behaviourLitterMcDonald’s Plan of management requiresthe duty manager to closely monitor noisemanagement procedures and ensurecustomers keep noise down upon enteringand leaving the premise. A condition ofconsent shall be imposed requiring signs tobe erected requesting customers to leave thesite quietly and in a prompt fashion.Management procedures will need to evolvein line with issues identified on the site andraised by local residents. McDonald’s has anIncident Diary where any issues associatedwith the restaurant are recorded. A copy ofincidents recorded at the restaurant has beensubmitted to Council, these include 2incidents of damage to the restaurant only.Residents are encouraged to contact themanager of the store to discuss any issuesassociated with the operation of therestaurant which affects them so that theycan be addressed.Several site inspections have beenundertaken by the assessing officer.Observations of litter in the surroundingstreet network did not support objectorsclaims of excessive litter. On the most recentinspection less than 10 individual items wereobserved in the surrounding area.As only the drive-thru will be open 24 hours,there is not considered to be any significantincrease in litter associated with the hours oftrade. The operation of the drive-thru onlydoes not encourage patrons to remain in thearea and no pedestrians will be served at thedrive-thru. The restaurant has a practicewhere litter patrols are undertaken to collectrubbish within a 200m radius of therestaurant twice daily. It is recommended thatall litter concerns be reported to therestaurant so that management practices canbe adapted to address the issue.Attachment 1 Page 97

Attachment 1Assessment ReportRecommendationIt is recommended that the application for 24 hour trading of the drive-thru is approvedsubject to the following modifications to the conditions of consent:−−−−−Amend Condition 2 “Approved Documentation” to include reference to the mostrecent Plan of Management.Delete Condition 6 “Time Limited Consent”.Amend Condition 21 “Hours of Operation” to remove reference to 24 hour trading forthe restaurant.Delete Condition 37 “On-Site Security”.Include new Condition “Advisory Signage” requiring signage be erected at the entryand exit to the site requesting customers respect neighbours and keep noise down.Anna KleinmeulmanDevelopment PlannerAttachment 1 Page 98

Attachment 2Proposed Conditions9 January 2012MCDONALD'S AUSTRALIA LIMITEDPO Box 392THORNLEIGH NSW 2120Application To Modify Development ConsentNotice Of DeterminationPursuant to Section 96 of the Environmental Planning and Assessment Act 1979 and Clause122 of the Environmental Planning and Assessment Regulation 2000.Development Application No:Property Address:Original Proposal:Modification sought:Determination Status:Determination Date:Consent to operate from:DA/453/2008/CConsent to lapse on: 30 July 2013Conditions of ConsentLot 1 DP 1152746, 117 Dora Street, MORISSET NSW2264Mcdonald's Restaurant, Drive Thru & Demolition Of AllExisting Structures - AmendmentFormalise 24 Hour Operation For Drive-ThruThis needs to be the approval date of the original application(Approved subject to the conditions specified in this notice and in accordance withthe stamped approved plans.)Reason For The Imposition Of ConditionsThe reason for the imposition of the following conditions is to ensure, to Council’ssatisfaction, the objects of the Environmental Planning and Assessment Act 1979 (asamended) are achieved:(a)To encourage:(i)(ii)The proper management, development and conservation of natural andartificial resources, including agricultural land, natural areas, forest,minerals, water, cities, towns, and villages for the purpose of promoting thesocial and economic welfare of the community and a better environment,The promotion and co-ordination of the orderly and economic use ofdevelopment of land,Attachment 2 Page 99

Attachment 2Proposed Conditions(iii)(iv)(v)(vi)The protection, provision, and co-ordination of communication and utilityservices,The provision of land for public purposes,The provision and co-ordination of community services and facilities, andThe protection of the environment, including the protection andconservation of native animals and plants including threatened species,populations, and ecological communities and their habitats, and(vii) Ecologically Sustainable Development, and(viii) The provision and maintenance of affordable housing.(b)(c)To promote the sharing of the responsibility for environmental planning betweenthe different levels of government in the State, andTo provide increased opportunity for public involvement and participation inenvironmental planning and assessment.1. Prescribed Conditions(a)The work must be carried out in accordance with the requirements of the BuildingCode of Australia.(b) In the case of residential building work for which the Home Building Act 1989requires there to be a contract of insurance in force in accordance with Part 6 ofthat Act, that such a contract of insurance is in force before any building workauthorised to be carried out by the consent commences.(c)(d)A sign must be erected in a prominent position on any site on which buildingwork, subdivision work or demolition work is being carried out:(i)(ii)(iii)showing the name, address and telephone number of the PrincipalCertifying Authority for the work, andshowing the name of the principal contractor (if any) for any building workand a telephone number on which that person may be contacted outsideworking hours, andstating that unauthorised entry to the work site is prohibited.Any such sign is to be maintained while the building work, subdivision workor demolition work is being carried out, but must be removed when thework has been completed.Residential building work within the meaning of the Home Building Act 1989 mustnot be carried out unless the Principal Certifying Authority for the development towhich the work relates (not being the council) has given the Council written noticeof the following information:Attachment 2 Page 100

Attachment 2Proposed Conditions(i)(ii)in the case of work for which a principal contractor is required to beappointed:a. the name and licence number of the principal contractor, andb. the name of the insurer by which the work is insured under Part 6 ofthat Act,in the case of work to be done by an owner-builder:a. the name of the owner-builder, andb. if the owner-builder is required to hold an owner-builder permit underthat Act, the number of the owner-builder permit.If arrangements for doing the residential building work are changed while thework is in progress so that the information notified under (d) becomes out of date,further work must not be carried out unless the Principal Certifying Authority forthe development to which the work relates (not being the Council) has given theCouncil written notice of the updated information.2. Approved DocumentationThis development consent incorporates plans/and or documents referenced andstamped:(a)(b)Development Consent No.Plans Prepared by Richmond Ross for Proposed McDonalds Restaurant MorissetNumbered as follows:A001 Rev D; A002-1 Rev C; A002-2 Rev C; A002-3 Rev C; A010 Rev CA020; A021; A022; A100A; A200A; A201A; A202; A203; A204; A300A301; C100A; C101A; C102; C200A; C201Landscape Plan SK 1 Issues D(c)Document Reference:Document Author DateStatement ofEnvironmental EffectsUrbis JHDMarch 2008, asamendedWater Saving Solutions McDonald’s April 2007Waste ManagementStrategyPhase 1 EnvironmentalAuditMcDonald’sResponsible EnvironmentalSolutionsJuly 2006Attachment 2 Page 101

Attachment 2Proposed ConditionsAcoustic report Atkins Acoustic 14 March 2008 and 14May 2008Landscape designreportPlan of ManagementCloustons June 2008McDonald’sDetails of the development shown in the approved plans and documents referencedare altered in the manner indicated by:(i)(ii)(iii)(iv)Any amendments in RED on the approved plans or documents;Any notes, markings, or stamps on approved plans or documents:Any conditions contained in this consent;Any minor alterations to the development by the PCA limited to securingcompliance with the Building Code of Australia and Australian Standards, that donot change the physical form of the approved development3. Occupation Of Commercial/Industrial BuildingsA separate Development Application is to be submitted for Council’s consideration inrespect of any proposed use of the premises, prior to occupation.4. Roads and Traffic RequirementsA single lane circulating roundabout shall be provided at the intersection of Dora Streetand Ourimbah Street to include but not be limited to the following:• The proposed roundabout shall be a mountable, single lane circling roundabout• The proposed roundabout shall be designed to accommodate the largestdesign vehicle this shall be the 14.5 metre coach for turning movements intoand out of Ourimbah Street and the 25 metre B-Double along Dora Street• Provision for cyclists shall be made at the intersection• A fourth leg to the bowling club opposite shall be provided. The configurationof this leg shall be determined though consultation with Council and thebowling club• Pedestrian refuges shall be provided all legs• Street lighting shall be provided at the intersection in accordance with therelevant Australian StandardAttachment 2 Page 102

Attachment 2Proposed Conditions• Kerb and guttering shall be provided on all approaches in accordance with theRTA’s road Design Guide• All work shall be designed and constructed in accordance with the RTA’sRoad Design Guide and relevant Australian Standards to the satisfaction ofthe RTA and Council.• All work shall be carried out at full cost to the applicant and at no cost to theRTA or Council.NOTE: The revised traffic analysis submitted by the developer indicates the right turnout of Ourimbah Street will operate at Level of Service E during the 2018 Saturdaypeak period. This is unacceptable as it will result in a safety issue at this intersection.Additionally, based on the RTA Guide to Traffic Generating Developments it isconsidered the trip generation rate adopted in the Traffic study has understated thepotential impact on this intersection. Consequently, the proposed Type CHRintersection is deemed inadequate to service the proposed development.The developer will be required to enter into a Works Authorisation Deed with the RTA.In this regard the developer is required to submit detailed design plans and all relevantadditional information. As may be required in the RTA’s works Authorisation Deeddocumentation, for each specific change to state road network for the RTA’sassessment and final decision concerning the work.Note: The RTA Advise that the conditions of consent do not guarantee the RTAs finalconsent to the specific road work, traffic control facilities and other structures works onclassified road network. The RTA must provide a final consent for each specific changeto the state road network prior to the commencement of any work.5. Occupation of Building and Roundabout ConstructionThe restaurant building may be occupied prior to the completion of the roundabout andassociated roadwork subject to the following issues being resolved prior to the releaseof any occupation certificate:• The Works Authorisation Deed (WAD) has been signed and executed asrequired by the conditions of this development consent.• Security has been lodged in the form of an unconditional bank guarantee tothe RTA and the RTA’s fees and charges have been paid• A program demonstrating the expected timeframe for the roadwork has beensubmitted by the developer and approved by the RTA and Council• Civil construction has commenced on site; and• An amended construction traffic management plan must be submitted thatdetails the proper location of workers vehicle parking, demonstrates the safemanagement of traffic from the operating restaurant as well as all othermatters during construction of the roundabout.Attachment 2 Page 103

Attachment 2Proposed ConditionsThe roundabout shall be completed within six months of the occupation of the building.6. Deleted7. Site OperationThe development shall operate in accordance with the conditions of this consent at alltimes.All activities associated with the development shall be carried out in a manner so as torespect the residential nature of adjoining land, in terms of spill of lighting and noiseparticularly during the night time hours of the Drive thru operation.8. Fix Damage Caused By Construction WorksThe Applicant shall make good any damage or injury caused to a public road orassociated structures including drains, kerb and gutter and utility services caused as aconsequence of the development works. Any disused gutter and footpath crossingshall be removed and replaced with full kerb to match adjoining kerb to the satisfactionof the Principal Certifying Authority.9. Disabled FacilitiesNon discriminatory access shall be provided in accordance with AS 1428.TGSI shall be integrated into the existing footpath at driveway crossovers to act as awarning for vision impaired persons.10. Waste ManagementWaste from the development shall be managed in accordance with the submittedMcDonalds Waste Management Strategy11. Landscaping WorksThe site shall be landscaped with all disturbed ground being rendered erosion resistantto Council’s satisfaction.Landscaping shall be designed and maintained to ensure clear sightlines to thepedestrian pathways. Particular attention is required in the loading/drive thru areaswhere pedestrian paths are also located.12. Directional SignageDirectional Signage shall be provided within the development to ensure the siteprovides adequate way finding. Restricted access areas shall be defined and signposted.‘Park smarter’ signs shall be erected within the car park.Signage shall be located around the site warning intruders of what security treatmentshave been implemented.Attachment 2 Page 104

Attachment 2Proposed Conditions13. Category 1, 2, 3 LandscapingAll landscaping shall be permanently maintained in a good condition in accordance withCouncil’s Development Control Plan No. 1 – Section 2.7.2 Landscape for Category 3Landscaping. The site shall be landscaped with all disturbed ground being renderederosion resistant.At the completion of landscape works for Category 2 and 3 Landscaping, thelandscape consultant must submit to Council a Landscape Completion Report thatestablishes satisfactory completion of the landscaping works approved by this consent.All landscape works for Category 3 are to be carried out by members of the LandscapeContractors Association of Australia and implemented under the full supervision of thelandscape consultant responsible for the design. An approved consultant must beemployed for the duration of the work until the final landscape works report is receivedby Council.14. Consolidation of LotsThe final plan of consolidation shall be approved prior to the issue of a final occupationcertificate, and shall be registered at the Land Property Information Office.15. Screen FencingThe applicant shall erect suitable screen fencing by replacing the existing fence on thenorth and west boundaries of this site with a 1.8 metre high fence to reduce the impactof the development on the adjoining owners. The cost of the fencing is to be borne bythe developer.16. Bicycle Parking racksBicycle parking racks shall be provided to accommodate bicycles in accordance withDCP 1. These shall be located within view of capable guardians and include provisionof secure facilities (lockable racks).17. Parking Areas & Access WaysAll parking areas and access ways shall be constructed, sealed and drained inaccordance with the standards nominated in Lake Macquarie City Council’sDevelopment Control Plan No. 1 and the associated Engineering Guidelines.18. Carparking48 car parking spaces and two bus bays shall be constructed on the land inaccordance with the Approved Plans.2 of the required car parking spaces shall be specifically designated and signposted foruse by disabled persons.All car parking spaces shall be available at all times for use by employees andclientele.Attachment 2 Page 105

Attachment 2Proposed Conditions19. LightingLighting of the land shall be designed so as to ensure minimal glare onto adjoiningproperties or roadways.A lighting plan shall be submitted prior to release on any Occupation certificate todemonstrate the location and type of lighting proposed on the grounds and buildings.This lightning shall be adequate and uniform to cover the property including the carpark. Low Glare/high uniformity lighting levels in accordance with AS:1158 shall beinstalled.Light covers shall be designed to minimise vandalism.A lighting and property maintenance plan shall be prepared fro the development.Lighting or damage or graffiti or the like shall be restored within 48 hours of damage.20. External Storage of ProductsThe external storage of any products on site is not permitted.21. Hours of OperationFollowing commencement of occupation, the premises shall operate or trade onlybetween the times stated as follows:24 Hours for the Drive through only5am – Midnight 7 days a week for the restaurant operationDeliveries shall only occur between the hours of 6am and 10pm.22. Off Street LoadingA separate off-street loading/unloading facility shall be constructed clear of the carparking area and driveways.23. InspectionsThe applicant is responsible to notify the Principal Certifying Authority giving adequatenotice of the time that each stage of the building/development is ready for inspection.Non mandatory inspections are required when work has reached the stages as follows.Schedule Of Inspections:Food Shops - floor, wall, ceiling finishes (prior to fitting and fixtures) to be carried out,by an “authorised officer”, as defined in the Food Act 2003Food Shop Completion ) to be carried out, by an “authorised officer”, as defined inthe Food Act 2003 (Food) prior to opening of the premisesHairdressing Premises Inspection - by Environmental Health Officer (Health) prior toAttachment 2 Page 106

Attachment 2Proposed Conditionsopening of the premisesSkin Penetration Premises inspection - by Environmental Health Officer (Health)prior to opening of the premisesInspection of Vehicular Access to Property across Footpath (prior to pouringconcrete)Occupation/Use Inspection – Inspection authorising occupation and or use of thedevelopment24. Construction Of Food PremisesREASON: To ensure compliance with the Food Regulation 2004, under the Food Act2003, the Local Government Act 1993 and Regulations, Standard 3.2.3 – FoodPremises and Equipment, of the Australia New Zealand Food Standards Code,Australian Standard AS 4674-2004 “Design, construction and fit-out of food premises”,and Council's local policies, for the purpose of sanitation, rodent and vermin proofingand to reduce the risk of food borne illness.(a)(b)(c)(d)Compulsory Inspection Prior To OpeningPrior to commencing to operate the food premises, an inspection of the premisesshall be carried out, by an “authorised officer”, as defined in the Food Act 2003,to ensure that the premises including the construction and installation of allequipment, fixtures and fittings and finish therein comply with Standard 3.2.3 –Food Premises and Equipment, of the Australia New Zealand Food StandardsCode, Australian Standard AS 4674-2004 “Design, construction and fit-out offood premises” and Council's local policies.Fitout To Comply With Acts & CodesThe walls, floors and ceiling construction including finishes and fitout of roomsused for food preparation, storage or display shall comply with the requirementsof the Food Regulation 2004 under the Food Act 2003, Standard 3.2.3 – FoodPremises and Equipment, of the Australia New Zealand Food Standards Code,Australian Standard AS 4674-2004 “Design, construction and fit-out of foodpremises”, and Council's local policies.Solid WallsThe walls including internal walls of the food premises to the food preparationareas, kitchens, sculleries, food displays, food serveries and food storage areasshall be of solid construction eg. brick, concrete, concrete block. lightweightconcrete block or other similar approved homogenous material.Wall FinishesAny kitchens, sculleries, food preparation areas, food serveries and the like shallbe finished to a height of at least two (2) metres above the floor level with:-(i)glazed tiles fixed in accordance with the requirements of AS3958.1;Attachment 2 Page 107

Attachment 2Proposed Conditions(e)(f)(g)(i)(j)(k)(l)(m)(ii)stainless steel or other approved impervious material adhered directly tothe wall.Rendering Walls Above Two (2) MetresWhere wall tiling does not extend to the ceiling level the wall surface above thetiles shall be rendered to a smooth steel trowel finish flush with the face of thetiles and painted with a durable gloss paint of a light colour.No Ledge On Wall TilesThe face of the tiles fixed to the vertical wall surfaces shall be flush with theadjoining wall surfaces to reduce the likelihood of the collection of dust and otheraccumulations on the ledge formed.CeilingsCeilings over food preparation, display and storage areas are to be constructedof rigid smooth faced material such as plasterboard or villa board finished with setjoints and a plaster cornice at the walls and is required to be painted in awashable gloss paint of a light colour.Floor FinishesFloors are to be covered with approved floor coverings:(i)(ii)(iii)with the use of ceramic floor tiles coved with a 25mm ceramic cove tile atthe intersection with the walls, orwith the use of a continuous sheet vinyl returned 150mm up the wall to forma cove and sealed to the wall and fillet with an approved fillet or backingpiece to provide support, orwith the use of impervious trowelled epoxy over concrete, coved at theintersection of the walls and floor.FloorwastesFloors are to be adequately graded and drained to the required floor waste(s).Light FittingsLight fittings being recessed flush to the ceiling surface or be attached to theunderside of the ceiling, such as squareline profile, which does not have ledges,is sealed to the ceiling and provided with diffuser covers. Pendant lights are notpermitted behind the front line of the counter area.Window Sills SplayedAll window-sills are to be splayed inwards at an angle of 45 degrees and finishedwith a material matching the wall finish, with all vertical and horizontal edgesrounded or bullnosed to a smooth even finish.Vermin ProofingAttachment 2 Page 108

Attachment 2Proposed ConditionsWindows, external doors and other external openings shall be provided withvermin and insect proofing.(n)(o)(p)(q)(r)(s)(t)(u)Coolroom ConstructionAny cool rooms and freezing rooms shall be constructed and drained inaccordance with Standard 3.2.3 – Food Premises and Equipment, of theAustralia New Zealand Food Standards Code, Australian Standard AS 4674 andCouncil's local policies.Coolroom CovingCoving of the coolroom and/or freezer room shall be finished up to a 25mmaluminium "arrowhead" moulding installed 50mm above the finished floor surfaceto prevent damage to the coving and to allow ease of cleaning.Coolroom FloorThe floor of the coolrooms/freezer rooms must be finished with a trowelled epoxyfinish or tile with an epoxy grout or similar to ensure that the floor is imperviousand easily cleaned. The concrete floor must be coved a minimum of 25mm andcapped with an aluminium arrowhead.Coolroom ShelvingShelves to the coolroom/freezer rooms shall be constructed of galvanised pipe,angle iron, T iron, flat metal or other approved materials, all of which should betreated to prevent corrosion. The base of the shelves in the coolroom/freezerroom must be at least 300mm above the floor surface.Coolroom Top InfillThe coolroom being sealed and vermin proofed against the existing ceiling andwall surface.Plumbing & ElectricalServices pipes, conduits, condensate drains and the like being concealed behindthe finished floor and ceiling surfaces. Where such services are installed prefabricatedpanels provide 25mm clearance off panel surfaces. NOTE : The useof corrugated electrical conduit is not permitted.Fixed ThermometersAll hot and cold holding units used for storage of perishable foods eg.coolrooms/freezer rooms, fridges, pie warmers, bain maries, roller grills etc. mustbe fitted with permanent thermometers accurate to one (1) degree that are ableto be read from outside the unit (ie. without opening the unit) and must be fitted ina location that gives an accurate reading of the temperature of the food.Refrigeration DrainageAttachment 2 Page 109

Attachment 2Proposed Conditions(v)(w)(x)(y)(z)The refrigeration condensation drainage shall be conveyed to the reticulatedsewerage system where available and in other cases disposed of without causinga nuisance.Equipment 150mm Off FloorAll cookers, ovens, vats, fridges, freezers, benches, dishwashers, hot waterheaters, cupboards, shelves or similar appliances or equipment are required tobe fitted with legs so as the base of the unit is at least 150mm off the floorsurface. Further consideration must be given to deep units so as to not hindercleaning requirements.Coffee Machine WasteWaste drainage from any coffee machine shall be conveyed to the sewer byapproved concealed means.False BasesFalse bottoms beneath counters, cupboards, fittings, fixtures and equipment arenot permitted. The above shall be installed on approved metal legs not less than150mm in height.Shelves Over Food Preparation AreasShelves, storage racks and other projections shall not be located above foodstorage or food preparation benches in rooms used for food preparation, storageor display to ensure that foreign matter does not fall into or contaminate an articleof food.Roller ShuttersWhere roller shutters are provided, the drum casings are to be concealed abovethe ceiling level or enclosed in a plasterboard bulkhead.(aa) Mechanical Ventilation ApplicationWhere any system of Mechanical Ventilation and/or air conditioning is proposedor installed within the premises such system shall be designed to comply withAustralian Standard, 1668, Part 2 and AS 3666, and shall be subject to aseparate application to be approved by the Principal Certifying Authority prior toinstallation.(ab) Exhaust Required Over 8 KwIf the total maximum power electrical input of the proposed cooking applianceexceeds 8kw or a total gas power input exceeding 29 MJ/h then an approvedmethod of local exhaust shall be provided in accordance with AS 1668 Part 2.(ac) Menu BoardsMenu boards are to be sealed to the adjoining ceiling and/or wall surfaces anddesigned to eliminate ledges.Attachment 2 Page 110

Attachment 2Proposed Conditions(ad) Hands Free BasinAt least one hand washbasin shall be provided within five (5) metres of any areawhere food is prepared or handled and must be fitted with a 'hands free'operation with a single spout to mix hot and cold water.Examples of acceptable 'hands free' tap operation are:-(i) Electronic sensor tap operation, or(ii) Foot or knee operated tap levers.Units are to be mounted directly off the wall on metal brackets and shall not beincorporated in timber bench tops nor shall there be cupboards or enclosuresthere under.The wash hand basin shall be of stainless steel having a minimum size of 450 x400mm, clearly designated for the sole purpose of washing hands, arms,and face.Provide liquid soap and paper towels to the wash hand basin.(ah) Cleaners SinkA cleaners sink shall be provided with hot and cold water connected thereto,through a common mixing spout.(ai)Inspection RequirementsIt is the Applicants responsibility to ensure that the appropriate progress and finalinspections of the food premises fitout have been carried out by the PrincipalCertifying Authority.Following the issue of an Occupation Certificate, Council’s EnvironmentalManagement Section shall be notified within 7 days, for the premises to beregistered with Council as a food business.25. Refrigerated Chamber, Strong Rooms & VaultsA refrigerated or cooling chamber strong room or vault which is of sufficient size for aperson to enter must -• have a door which is in an opening with a clear width of not less than 600 mmand a clear height of not less than 1.5 m; and• at all times, be able to be opened from inside without a key; and• have a suitable alarm device located outside but controllable only from within thechamber, room or vault and capable of achieving a sound pressure level outsidethe chamber, strong room or vault of 90dB(A) when measured 3 M from thesounding device.• internal lighting controlled only by a switch which is located adjacent to theentrance doorway inside the chamber, strong room or vault; andAttachment 2 Page 111

Attachment 2Proposed Conditions• an indicator lamp positioned outside the chamber, strong room or vault, which isilluminated when the interior lights are switched on.G 1.2 Building Code of Australia26. Lodgement of food premises fit-out plansPrior to the issue of a Construction Certificate, the applicant is to submit appropriatelydetailed working plans of internal finishes, fitments and appliances to the PrincipalCertifying Authority for its approval. The working drawings are to be in accordance withthe requirements of the Food Act 2003, Food Regulation 2004 and AS 4674-2004“Design, Construction and Fit-out of Food Premises”.27. Stormwater DisposalStormwater Detention and HarvestingThe applicant shall include stormwater plans and supporting calculations for thedevelopment with the Construction Certificate application in accordance with thefollowing:-• Stormwater shall be disposed of through a piped system designed in accordancewith Australian Standard AS 3500 by a suitably qualified professional.Qualifications shall be in accordance with Part DQS.06 of Council’s EngineeringGuidelines.• Final construction plans shall be generally in accordance with the concept plans byRichmond Ross Pty Ltd Drg. C100 (rev.A) submitted in support of the application• Stormwater detention measures shall be constructed and maintained to ensure thatthe development does not increase upstream or downstream flood levels,• Detention storage shall be calculated and designed in accordance with “AustralianRainfall and Runoff 1987” and the Lake Macquarie City Council guideline –“Handbook for Drainage Design Criteria” and shall conform to the specificationsand standards contained in the LMCC Engineering Guidelines.• Stormwater harvesting measures shall be constructed and maintained inaccordance with clause 2.5.4 of DCP 1 (and supporting guidelines). Stormwaterdrainage plans shall include details of the harvesting system (eg. rainwater tankand pump details plus reticulation diagrams).All drainage works shall be carried out in accordance with the approved plans. AWorks As Executed Plan that shows that the works comply with the ConstructionCertificate Drainage Plans shall be provided to the Principal Certifying Authority beforethe issue of any Occupation Certificate.The Works as Executed Plan shall be endorsed by a Registered Surveyor or thedesigning Engineer.28. Parking Areas & Access WaysAttachment 2 Page 112

Attachment 2Proposed ConditionsAll parking areas and access ways shall be constructed, sealed and drained inaccordance with the standards nominated in Lake Macquarie City Council’sDevelopment Control Plan No. 1 and the associated Engineering Guidelines.29. Environmental ManagementErosion and Sediment Control PlanThe Applicant shall submit for approval, with the Construction Certificate, an Erosionand Sediment Control Plan for the development in accordance with Council’sDevelopment Control Plan No. 1 and Landcom’s – Managing Urban Stormwaterdocuments (2004).Sediment and Erosion Control works shall be carried out in accordance with theapproved Plan and no work shall commence until the erosion and sediment controlworks specified in the Plan are in place and their placement has been approved by thePrincipal Certifying Authority.GrassingThe Applicant shall grass areas of the site disturbed by works so as to prevent erosion.All disturbed areas shall be revegetated as soon as practical, and no later than thetimes specified in Landcom’s – Managing Urban Stormwater documents (2004).Kikuyu grass shall not be used in areas adjoining native bushland or in drainage linesor channels.Noise ControlAll possible steps shall be taken to silence construction equipment and the operatingnoise level of plant and equipment shall not give rise to "offensive noise" as defined bythe Protection of the Environment Operations Act 1997.The operating noise level of machinery, plant and equipment during construction siteoperations shall comply with Chapter 171 of the NSW EPA's Noise Control Manual.Construction operations shall be confined between the hours of 7.00am to 6.00pmMonday to Friday and 8.00am to 1.00pm Saturday. If construction operations areinaudible within occupied residential properties then the work period may be extendedon Saturdays to 7.00am to 1.00pm. No construction work shall take place on Sundaysor Public Holidays.Should it be necessary to use mechanical rock breakers or conduct blasting then theseoperations shall be confined between the hours of 9.00am and 3.30pm Monday toFriday (excluding any Public Holiday).Noise Level Restrictions(i)Construction period of 4 weeks and under:-Attachment 2 Page 113

Attachment 2Proposed Conditions(ii)The L10 level measured over a period of not less than 15 minutes when theconstruction site is in operation must not exceed the background level by morethan 20dB(A).Construction period greater than 4 weeks:-The L10 level measured over a period of not less than 15 minutes when theconstruction site is in operation must not exceed the background level by more than10dB(A).30. Public Roads And Drainage Construction WorksConsolidation and Dedication of Road WideningThe Applicant shall arrange for the consolidation of existing lots 1, 2, 3 & 10 of DP22944 into 1 lot. In addition, the above a 4 metre champer of lot 1 from the intersectionof Dora and Ourimbah Streets as shall be dedicated as public road.Documentation confirming the consolidation and dedication are to be provided prior toissue of a Construction Certificate for the development.Roadways and Drainage Works StandardsThe Applicant shall arrange for all relevant works to be designed and constructed inaccordance with the following publications (as amended or updated), as applicable:-a) Australian Rainfall and Runoff, 1987.b) AUSTROADS Guide To Traffic Engineering Practice.c) DCP 1 (Volumes 1 and 2) and supporting guidelines.d) Roads and Traffic Authority Road Design Guide.e) Roads and Traffic Authority Interim Guide To Signs and Markings.f) Managing Urban Stormwater documents (2004).by Landcom.g) The Constructed Wetlands Manual - Department of Land and WaterConservation, 1998.h) Subdivision Codei) Australian Standards including, but not limited to:-• AS1428 - Design for Access and Mobility, Part 1 General Requirementsfor Access and Part 4 Tactile Indicators,• AS2890 - Off Street ParkingWhere any inconsistency exists between these documents the Applicant shall verify inwriting with Council, the relevant standard to be adopted.Attachment 2 Page 114

Attachment 2Proposed ConditionsDetails Required Prior to CommencementConstruction works in accordance with this development consent shall not commenceuntil:-(a)(b)(c)detailed engineering plans and specifications (including a Design CertificationReport and Checklists in accordance with the Lake Macquarie City CouncilEngineering Guidelines) relating to the work have been endorsed with aConstruction Certificate by :-(i)(ii)Council, oran accredited certifier registered under the Institution of Engineers Australiaaccreditation scheme, andAn Application For A Construction Certificate Can Only Be Made ToLake Macquarie City Council For All Works On Existing Public Roads(In Accordance With Council's Authority Under The Roads Act).the person having the benefit of the development consent:-(i)(ii)has appointed a Principal Certifying Authority, andhas notified the consent authority and the Council (if the Council is not theconsent authority) of the appointment, andthe person having the benefit of the development consent has given at leasttwo (2) days notice to Council of the intention to commence works.Construction of Kerb and Gutter and Associated WorksThe Applicant shall:-1. Complete kerb and gutter for full frontage development site.2. Provide concrete footpath for full frontage of Ourimbah Street.3. Upgrade and/or reconstruct the existing pavement and seal of Ourimbah Streetfronting the development site. The sealed pavement shall extend for a minimumwidth of 8 metres with suitable shoulder and reshaping of table drain oppositewhere necessary. All works shall be in accordance with standards contained withinthis consent.4. Stormwater from kerb & gutter shall discharged via 375mm dia pipe alongOurimbah Street for connection into the existing table drain. The table drain shallbe reshaped and upgraded to Council satisfaction.The above works shall include associated road pavement, road shoulders andfootpaving including drainage and adjustment to existing constructions in accordancewith the provisions of the publications and standards identified in this consentNo works shall commence on site prior to the issue of a Construction Certificate.Attachment 2 Page 115

Attachment 2Proposed ConditionsPavement StandardsResidential road pavements shall be designed in accordance with "A Guide To TheDesign Of New Pavements For Light Traffic" - AUSTROADS 1998. Main and Industrialroad pavements are to be designed in accordance with "Pavement Design, A Guide tothe Structural Design of Road Pavements" - AUSTROADS 1992. Designs for roadpavements shall be submitted to and approved by the Council or a Private Certifierprior to road pavements being constructed. Where work is to be undertaken within aclassified Main Road the pavement design shall also be submitted to the Roads andTraffic Authority for it's approval prior to the commencement of works.Notification to NeighboursWritten notification shall be given by the Applicant to landowners and residents wholive adjacent to the proposed development or who may be affected by the proposedworks. The notification should include the expected date of commencement of worksand a brief description of the works.Haulage RoutesThe Applicant shall submit to Council, in writing, details of the proposed haulage routesto be used during construction works. These details must be submitted a minimum ofseven days before the commencement of haulage operations. No haulage operationsshall take place prior to the approval of the routes by Council. The haulage routes shallnot be varied without the approval of Council.The Applicant shall maintain and restore the haulage route roads, as near as possible,to their original condition.Fix Damage Caused by Construction WorkThe Applicant shall make good any damage or injury caused to a public road orassociated structures including drains and kerb and gutter, caused as a consequenceof the works.Notice of Commencement of WorksConstruction works shall not commence until a meeting between the contractor and arepresentative of the Principal Certifying Authority (PCA) has taken place on site.The PCA may require up to seven days notice in writing prior to such meeting takingplace.The notice shall also include the names of the contractor undertaking construction andthe developer's supervising officer.Works as Executed PlanAn electronic copy of the Works as Executed Plans, certified by the Consulting CivilEngineer supervising the works or the Registered Surveyor in charge and certified bythe Principal Certifying Authority, shall be supplied to the Council. Where applicable aAttachment 2 Page 116

Attachment 2Proposed ConditionsRegistered Surveyor's Certificate certifying that all pipes have been laid within theeasements shown on the Final Plan of Subdivision shall also be submitted. The Worksas Executed Plan shall, in addition to construction details, show limits and depths offilling, locations of service conduits and street names.Note that a works as executed plan plotted on film will only be accepted where theoriginal engineering design was hand drawn and not drafted using CAD software.Compliance Certificate for WorksThe Applicant shall obtain and submit a Compliance Certificate/s to certify that allconstruction works and associated development have been constructed in accordancewith this Development Consent, the Construction Certificate and all other standardsspecified in this consent.Application Fees for Required PUBLIC ROAD CertificatesThe Applicant shall obtain any PUBLIC ROAD certificates as required to satisfy theconditions of this Consent.For Council to process applications for these certificates the following fees would bepayable:Construction Certificate– Road and DrainageCompliance Certificate– Road and Drainage$ 900 (inc GST)$ 1300 (inc GST)Applications for these certificates should be lodged on the approved application formand accompanied by the appropriate fee.Please note that the above application fees do not include any administration / archivalfees that may be levied at the time of lodgement of an application.Where the development includes construction works valued at $25,000.00 or more, theapplicant must pay the Long Service Levy, as detailed in the Building and ConstructionIndustry Long Service Payments Scheme. The Levy must be paid prior to the issue ofthe Construction Certificate. The Levy may be paid directly to the Long ServicePayments Corporation or to Council as agent for the Corporation. The Levy rate is0.35% of the cost of building and construction works.The above application fees are subject to change without notice and confirmationshould be obtained from Council prior to the lodgement of any application.31. DemolitionAttachment 2 Page 117

Attachment 2Proposed ConditionsDemolition work shall be carried out only between the hours of 7.00am to 5.00pmMondays to Fridays and 8.00am to 5.00pm Saturdays. No work is to be carried out onSundays or public holidays.Council's road and footpath is not to be damaged or obstructed at any time.No trees shall be removed from the site, unless approved by Council and shown on theapproved plans.Erosion and sediment control measures shall be installed and maintained inaccordance with Council's Development Control Plan No. 1, a copy of which isavailable from Council's Administrative Offices.The site is to be grassed and otherwise rendered erosion resistant immediately uponcompletion of demolition.Temporary toilet facilities shall be provided during the course of demolition inaccordance with Council's requirements ie. chemical closet or temporary sewerconnection. Separate application shall be made to council where a chemical closet isproposed.All demolition work shall be carried out strictly in accordance with Australian StandardAS 2601—1991: The Demolition of Structures, published by Standards Australia, andas in force at 1 July 1993.Demolition work, as defined within Chapter 10 of the Occupational Health and SafetyRegulation 2001, must be undertaken by a licensed contractor.32. Dust SuppressionDuring the extraction, removal, and transportation of material associated with theworks, the applicant shall ensure that airborne dust is contained within the work site ortransport vehicles, and does not impact on the amenity of the surrounding environment.Effective environmental controls and practices must be implemented and maintainedto the satisfaction of Council or the Principal Certifying Authority.33. Noise - Commercial & Industrial/Home OccupationThe Laeq (15 minute) operating noise level of machinery, plant, and equipment whenmeasured at the boundary of the worst affected residential premises shall comply witheither the amenity or the intrusiveness criteria calculated in accordance with the NSWDepartment Environment and Conservation’s Industrial Noise Policy, which is alsoapplied to commercial premises. For assessing amenity criteria, the area shall becategorised in accordance with the guidelines outlined in Chapter 2 of the policy.The operation of the site must be in accordance with the recommendations andassessment made by Atkins Acoustics report 14 May 2008. The operation mustincorporate recommended locations for plant and machinery, install appropriateacoustic treatments, and develop appropriate management plan to satisfy theconsultants recommendations.Attachment 2 Page 118

Attachment 2Proposed Conditions34. Acoustic CertificationThe acoustic consultant shall be engaged to assist with the preparation of the finalbuilding plans and specifications to ensure compliance with any noise conditionsmentioned above and that no other noise nuisance is created to the neighbourhood.Upon completion of the works, a certificate shall be provided from the acousticconsultant certifying that the works have been completed in accordance with theirrequirements and that the desired acoustic performance had been achieved, prior tothe issue of an Occupation Certificate.This will need to be accompanied by the operational plan to detail methods to preventparking in certain area during certain times as has been detailed in the acousticassessment.35. Garbage Storage AreasThere is to be a suitable garbage washing and bin storage area. This area is to besuitably roofed and the floor properly bunded, graded and drained so as to control anyspillages or cleaning waste and containers. The area is to be drained and graded to acollection sump and disposed of to the sewer in accordance with the requirements ofthe Hunter Water Corporation Ltd.Adequate facilities are to be provided in a screened location within the premises for theseparate storage of recyclable and non-recyclable material and arrangements shall bemade for the regular removal and disposal of those materials.36. ContaminationThe 2006 preliminary assessment identified that there was identified contaminationrisks and a Phase two assessment would be required. The conclusions andrecommendations from this report shall be followed to form the detail of the phase twoassessment.A detailed site investigation shall be undertaken and a report prepared by a suitablyqualified consultant to determine the extent of contamination on the site in accordancewith the relevant Environment Protection Authority Guidelines.This site investigation shall also report on any off site contamination issues which haveresulted from the contamination on the subject site.If the detailed investigation highlights contamination, a remediation action plan (RAP)being prepared and implemented by a suitably qualified consultant in accordance withthe relevant Environment Protection Authority Guidelines to remediate the site for itsproposed use.Following implementation of the RAP, a validation report being prepared by a suitablyqualified consultant in accordance with the relevant Environment Protection AuthorityGuidelines and submitted to Council for consideration.Attachment 2 Page 119

Attachment 2Proposed ConditionsA Hazardous Substances Report was also a recommendation in this report. Thisassessment and report must be completed before the buildings proposed are to bedemolished, and is to be conducted by a suitably qualified person prior to thedetermination of the application. The audit is to be conducted in accordance with theAS2601. The Hazardous Substance Management Plan (HSMP) is to include, but not tobe limited to, the location of substances method of removal, monitoring handling andstorage, and appropriate disposal.37. Deleted38. Advisory SignageSignage shall be erected at the entry to the drive-thru and at the exit of the siterequesting that customers leave quietly and in a prompt manner so as not to causedisturbance to the surrounding neighbourhood.Attachment 2 Page 120

Attachment 2Proposed ConditionsRight of AppealIf you are dissatisfied with this decision (including a determination on a review under Section82A), Section 97 of the Environmental Planning and Assessment Act 1979 gives you theright to appeal to the Land and Environment Court within six (6) months:(a) after the date on which you receive this notice, or(b) the date on which that application is taken to have been determinedThe Environmental Planning & Assessment Act 1979, does not give a right of appeal to anobjector who is dissatisfied with the determination of the Council to grant consent to adevelopment application, unless the application is for designated development (includingdesignated development that is integrated development) either unconditionally or subject toconditions, the objector may, within twenty eight (28) days after the date on which the noticeof the determination was given in accordance with the regulations, and in accordance withrules of court, appeal to the Court.Right of ReviewSection 82A of the Environmental Planning and Assessment Act 1979 provides that theapplicant may request the Council to review the determination. The request must be made inwriting (or on the review application form) within 28 days after the date as specified in thisnotice of determination, together with payment of the appropriate fee. (See note below).Note: A request to review the determination .of a development application pursuant toSection 82A of the Environmental Planning and Assessment Act 1979 can only beundertaken where the consent authority is Council, other than:(a)(b)(c)(d)A determination to issue or refuse to issue a complying development certificate,orA determination in respect of designated development, orA determination in respect of integrated development, orA determination made by the Council under Section 116E in respect of anapplication by the Crown.Anna KleinmeulmanDevelopment PlannerDevelopment Assessment and ComplianceAttachment 2 Page 121

Attachment 3Plan of ManagementAttachment 3 Page 122

Attachment 3Plan of ManagementAttachment 3 Page 123

Attachment 3Plan of ManagementAttachment 3 Page 124

Attachment 3Plan of ManagementAttachment 3 Page 125

Attachment 3Plan of ManagementAttachment 3 Page 126

Community Development Committee Meeting12 March 2012Community Development Committee Meeting -Monday 12 March 201212COMM001Council Ref:Report By:Cardiff Streetscape Master Plan - for AdoptionF2010/02314 - D02402246Landscape Architect - Catherine CroslandPrécis:Council has prepared the attached Streetscape Master Plan for the Cardiff Town Centre.This report recommends adoption of the Cardiff Streetscape Master Plan. The MasterPlan was placed on public exhibition from 3 rd December 2011 to 13 January 2012.Relevant issues raised from the exhibition period have been considered and whereappropriate incorporated in this plan for adoption.Recommendation:Cardiff Streetscape Master Plan is adopted to ensure a clear vision for the town centreand a unified approach for undertaking public domain works by Council, the communityand developers.Background:Council resolved to prepare Streetscape Master Plans for the nine town centres on 21June 2010.Cardiff Streetscape Master Plan is the first Master Plan to be completed.The Draft Cardiff Streetscape Master Plan was placed on public exhibition from 3December 2011 to 13 January 2012. Relevant issues raised from the exhibition periodhave been considered and where appropriate incorporated into this plan for adoption.See summary of submissions attached.The Cardiff Streetscape Master Plan will be used by council staff, the community anddevelopers to ensure a unified approach when undertaking public domain works. TheStreetscape Master Plan is intended to improve the aesthetic appearance of the towncentre, promote the centre’s personality, improve accessibility and functionality, provideopportunity for economic growth and provide a modern, easily maintained public space.Once adopted, the Cardiff Streetscape Master Plan will be read in conjunction with theStreetscape Technical Guidelines. These guidelines are currently under development andprovide specifications for street furniture and other aspects of the plan.Proposal:The proposal is for Council to adopt the Cardiff Streetscape Master Plan.- 127 -

Community Development Committee Meeting12 March 2012Consultation:The purpose of the public exhibition period was to seek comments from externalstakeholders and the broader community. Exhibition was in the form of advertisements inlocal newspapers, at local Council libraries, Councils website and at Councils CustomerService Centre. Relevant issues raised from the exhibition period have been incorporatedin the Cardiff Streetscape Master Plan for adoption. See summary of submissionsattached.Prior to this, consultation was carried out with internal stakeholders within Council. Theyinclude Asset Management, Economic Development, Integrated Planning, CommunityPlanning, Sustainability and CiviLake. Utility service providers were also consulted in thisphase. Meetings were also held with key stakeholders including the State Member forCharlestown and representatives of Cardiff Chamber of Commerce.Implications:Policy Implications:All planning policies and controls have been reviewed and considered as part of theCardiff Streetscape Master Plan. The draft Lake Macquarie Town Centre DCP, scheduledfor public exhibition in March 2012, provides development controls for the Cardiff towncentre. The Draft DCP requires that streetscape improvements are consistent with theCardiff Streetscape Master Plan. The Cardiff Streetscape Master Plan is not contrary toany other existing Council policy.Environmental Implications:There are no environmental implications associated with adoption of the Master Plan.The document seeks to maintain and enhance visual quality and natural valuesconsidering opportunities and constraints. Environmental implications of constructionactivity which may be required as a result of this plan will be dealt with at detail designphase.Social Implications:The document seeks to maintain and enhance social values by considering opportunitiesand constraints. Social implications of implementation of this Plan will be consideredduring detail design and project planning phase of the projects implementation.The Cardiff Streetscape Master Plan addresses social issues through best practice urbandesign principles. The implementation of the plan will increase opportunity, universalaccessibility, functionality, safety, economic effect and provide a modern, high quality,easily maintainable public space.Financial Implications:The State Member for Charlestown has confirmed the availability of $2.5m to support ongroundworks to implement aspects of the Cardiff Streetscape Master Plan. The designand construction of future stages will be funded by future development and grant funds.Consideration of additional funding may also be considered in future Council budgets.Risk and Insurance Implications:There are some risks and implications associated with the adoption of the CardiffStreetscape Master Plan.- 128 -

Community Development Committee Meeting12 March 2012.1. The Cardiff Streetscape Master Plan is unable to be implemented to expectationsof council, the community and developersImplementation of the Cardiff Streetscape Master Plan is feasible and all constraints inits implementation have been considered2. The Cardiff Streetscape Master Plan is not used as intended as a planning tool forcouncil, the community and developers.The Cardiff Streetscape Master Plan will be referenced in the Lake Macquarie CityCouncil Town Centres DCP and other relevant local planning controls.Options:1. Council may decide to adopt the Cardiff Streetscape Master Plan asrecommended to ensure a clear vision for the town centre and a unified approachfor undertaking public domain works by Council, the community and developers.The adoption of this Streetscape Master Plan in its current form will signalCouncil’s support for a unified approach in undertaking public domain works.2. Council may decide to amend the Cardiff Streetscape Master Plan prior toadoption. This option is not recommended as considerable resources, siteinvestigation and stakeholder input has gone into the development of thisStreetscape Master Plan.3. Council may decide not to adopt the Cardiff Streetscape Master Plan. This optionis not recommended as it conflicts with the recommendations of the report adoptedon 21 June 2010 and will reduce the benefits to the community.Conclusion:The Cardiff Streetscape Master Plan provides a clear vision and identity for the towncentre. Once implemented, it will create a modern vibrant town centre with many benefitsto the community.Manager City Projects - Adam WakemanAttachments:1. Cardiff Streetscape Master Plan Issue 01 Version 02 D024202992. Summary of Public Submissions D02417428- 129 -

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Attachment 2Summary of Public SubmissionsResponse to Summary of Public SubmissionDraft Cardiff Streetscape Master PlanIssue 01,Version 01, October 2011 – Misc/39/2011Exhibition Period – 3 December 2011 to 13 January 2012Total number of submissions received - 11 Internal submissions - 5 External submissions - 6TopicNumber ofreferences insubmissionsDetails / CommentsLMCC ResponseTrees 13 • Trees in travel lanes provide ablind spot, obstruct car doors andcause vehicle damage• Concerns with nominated streettree species (specific issues notidentified)• Existing street trees should beassessed• Trees need to be plantedcorrectly and so damage toinfrastructure does not occurAll current Australian Standards and Ausroads guidelines arefollowed to eliminate any safety issues. Locations of trees will bedetermined and assessed in the design development stageThe street tree species has undergone an assessment processand been changed to reflect council and the communities needs.The proposed street tree species will still undergo furtherinvestigations in the design development stageTree assessments on existing street trees will be undertaken inthe design development stageAll proposed trees will be installed with root barrier and othertools to eliminate damage to infrastructure.(structural soil, treepits, trenches etc ).Details, specifications and inspection holdpoints will be on construction documentation and within allspecificationsAttachment 2 Page 142

Attachment 2Summary of Public SubmissionsFurniture /pavementselections• How are the significant treesbeing retained and protected• Trees on street will conflict withshop awnings9 • Materials should be sustainable• Street furniture needs to beconsistent with the villageatmosphere• Coloured concrete is not apreferred footway treatment• Seats with aluminium splay legscould be a trip hazard• Garbage bins should be 120 litreand in heritage colourThe significant trees will be protected to LMCC TreePreservation Guidelines and AS4970-2009-Protection of treeson development sitesThe shop awnings will be considered in the process of treelocations and species selection in the design development stageSelections are made in accordance with relevant legislation. Theproposed selections will undergo further assessments in thedesign development stageAll furniture selected will complies with AS1428.2-1992 Designfor access and mobility Part 2.120litre bins are not supported by LMCC Waste Environment andRangers. The proposed selections will undergo furtherassessments in the design development stage.• Paver availability City Design have brought this to the attention of the supplier whohas confirmed availability. This is a problem with all paving typesas trends change, and all become discontinued with time• Cardiff needs more seats Position and installation numbers of furniture are part of this planFootpaths 6 • Cardiff needs wider footpathsthan the standard 1200mm toenable wheelchairs, strollers, andscooters to pass.All footways within the town centre are proposed to have fullwidth paving with a general minimum of 2000mm obstruction freespace and an absolute minimum of 900mm over short distancesat unavoidable locations as per AS1428 and AusroadsStandards Australia Part 13 - Pedestrians. Generally, we donot use wider footpaths to areas outside the town centre unless itis a shared path/cycleway.Attachment 2 Page 143

Attachment 2Summary of Public Submissions• Don’t support paving to theproposed local park• Footpaths and tactile indicatorsneed replacingParking 6 • Loss of any car parking is notsupported• Herringbone parking could beinstalled on Harrison St toincrease parking numbersMaintenance 4 • Does the Action Plan includeservicing, cleaning andmaintenance.• Paving needs to be easy torepair.Bike racks 4 • Better design is M shape• Bike racks should be consistentwith love the lake branding andtown centre personalities. Eg,heart shape.• Only limited bike racks areneeded in CardiffThe full width paving to the town park is to link this proposedfacility with the town centre. Investigations in the designdevelopment stage and a detailed costing will determine theviability of continuing the full width paving to this extentNew footpath treatments and the required TGSIs are part of thisplanImplementation of the Cardiff Streetscape Master Plan will resultin a reduction of 1 car parking space to Main Road, Cardiff. Noother reduction of car parking is foreseen within the town centre.Other work being undertaken by LMCC elsewhere in Cardiffconcurrently with this Master Plan will result in re-instatement ofthis spaceAdditional car parking in Harrison St has been investigated and isnot supported by LMCC Asset Management – TransportationPlanningThe Cardiff Streetscape Master Plan includes construction andestablishment. Ongoing maintenance will be in accordance withLMCC Asset Maintenance requirementsSelections are made in accordance with relevant legislation. Theproposed selections will undergo further assessments in thedesign development stageBike rack selections are made in accordance with relevantlegislation. The proposed selections will undergo furtherassessment in the design development stageBike racks will be positioned to capture users at key locations asper the adopted Newcastle Lake Macquarie Bike Plan and theDraft LMCC Cycle StrategyAttachment 2 Page 144

Attachment 2Summary of Public SubmissionsDraft CycleStrategyDisruption tobusinesses and thecommunity• No cycling/skateboarding signsneed to be in town centre3 • Has the Draft LMCC CycleStrategy been referred to• Remove parking and put in a dualcycle lane• Harrison St footpath should bedivided into footpath and bikelane3 • Disruptions to businesses andthe communitySignage and anti skate devices will be investigated in the designdevelopment stageThe Draft LMCC Cycle Strategy has been referred to in thedevelopment of the Cardiff Streetscape Master PlanThe Draft LMCC Cycle Strategy does not support a dual cyclelane within the town centreThe Draft LMCC Cycle Strategy does not support Harrison St asbecoming a dual off road bicycle laneCouncil will implement the design in a responsible andeconomically viable manner with minimal effect possible tobusinesses and the community. Council will continue to consultwith the community throughout the design and construction toensure disruptions are minimisedPlanting 2 • Use low level planting to on eitherside of pedestrian crossingAll planting options will be investigated in the design developmentstage• Use planter boxes along thestreet which are looked after byshop ownersCost 3 • Some costs in Action Plan seemexpensivePublic Art 2 • $270,000 for public art seems alot• Consider art work for theMunibung road intersection andIndicative costs within the action plan are based on currentLandscape Contractors of Australia rates, councils past projectsand quotations. A detailed cost analysis will be undertaken in thedesign development stage.The public art component includes sculpture, balustrade art andvarious other installations throughout the town centre. These willbe investigated in the design development stageAll public art installations/ opportunities will be considered in thedesign development stageAttachment 2 Page 145

Attachment 2Summary of Public SubmissionsFutureDevelopmentother road blisters2 • State when the use changes fromresidential to commercial that thestreet treatments should changetoo.• State that the general principle isthat developers address footwayout the front of their property andin some cases extend footway tomeet existing.Note to this effect is added to the Cardiff Streetscape MasterPlanLighting 2 • Lighting - LED or CFLs and solarstreet lights should be used.• Lighting – more pedestrianlighting is required for safetyStrategic Planning 2 • The Cardiff Streetscape MasterPlan needs to reflect the growingneeds of Cardiff, the CBD and thecommunity• Area being covered is tooexpansive – Only Street typesA,B and E need to be addressedLighting options will be investigated in the design developmentstage.Street and pedestrian lighting is part of this planThe area covered by the Cardiff Streetscape Master Plan isconsistent with zoning identified for urban centre and urbansupport in the area plan currently being developed for Cardiff.The area to be covered is in accordance with councils resolutionfor the implementation of the Cardiff Streetscape Master PlanTree guards 2 • Tree guards cause blind spots All current Australian Standards and Ausroads guidelines arefollowed to eliminate any safety issues• LMCC tree guards have short lifespans and require maintenanceMaterials for custom and LMCC standard tree guards areassessed in the design development stageWaste 1 • Is there recycle bins Opportunities for recycling will be investigated in the designdevelopment stage and with consultation with LMCC WasteEnvironment and RangersAttachment 2 Page 146

Attachment 2Summary of Public SubmissionsWSUD 1 • Will WSUD tools be applied WSUD ( Water Sensitive Urban Design ) opportunities will beinvestigated in the design development stageUndergroundingpowerlines2 • Does the budget includereconnection to businesses andresidences from the mainundergrounded lines.Yes, reconnection is included in this plan• Disruption to the community The upgrade to services will be considered in the designdevelopment with consultation with utility service providers.CommunityinteractionRailway station carpark1 • The tree on Veronica St is anasset and this area is used themost by the community.1 • The Cardiff railway station carpark needs to be includedThe tree in Veronica street will be retained and this area will bedeveloped as a community space.The linkages to the railway station car park are addressed in thestreetscape upgrade. The railway station car park design is not inthis scope of worksCouncil car park 1 • Harrison St council car parkneeds upgradingThe linkages to the council car park are addressed in thestreetscape upgrade. The council car park design is not in thisscope of worksAttachment 2 Page 147

Community Development Committee Meeting12 March 201212COMM002Council Ref:Report By:Charlestown Streetscape Master Plan for Public ExhibitionF2010/02305 - D02415210City Design - Coordinator - Helen ScarlettPrécis:Council has prepared the attached Streetscape Master Plan for the Charlestown towncentre. This report recommends exhibition of the Master Plan to notify the community ofthe proposal and invite public comment. Following a review of public submissions, afurther report will be prepared for Council, with a view to adoption by Council.Recommendation:A. Charlestown Streetscape Master Plan (Attachment 1 to this report) be placed onpublic exhibition for a period of 42 daysB. Following the public exhibition period, a report is brought to Council recommendingchanges to the Master Plan as a result of submissions received.Background:Council resolved to prepare Streetscape Master Plans for the nine town centres on 21June 2010.Charlestown Streetscape Master Plan is the second plan prepared following the CardiffStreetscape Master Plan. Work is intended to commence on plans for Belmont andToronto Streetscape Master Plans next financial year.The Charlestown Streetscape Master Plan will be used by council staff, the communityand developers to ensure a unified approach when undertaking public domain works. TheStreetscape Master Plan is intended to improve the aesthetic appearance of the towncentre, promote the centres personality, improve accessibility and functionality, provideopportunity for economic growth, and provide a modern, easily maintained public space.Once adopted the Charlestown Streetscape Master Plan will be read in conjunction withthe Streetscape Technical Guidelines. These guidelines are currently under developmentand provide specifications for street furniture and other aspects of the plan.Proposal:The proposal is to place the Charlestown Streetscape Master Plan on public exhibition.Consultation:Consultation has been carried out with internal stakeholders within LMCC. These includeAsset Management, Economic Development, Integrated Planning, Community Planning,Sustainability and CiviLake. Meetings were also held with key community stakeholdersand representatives of Charlestown Chamber of Commerce.The purpose of the public exhibition period is to seek comment from external stakeholdersand the broader community. Exhibition will be in the form of adverts in local newspapers- 148 -

Community Development Committee Meeting12 March 2012(The Newcastle Herald, The Post and The Star), in all LMCC libraries, the LMCC websiteand at the LMCC customer service desk.Implications:Policy Implications:All planning policies and controls have been reviewed and considered as part of theCharlestown Streetscape Master Plan. The draft Lake Macquarie Town Centre DCP,scheduled for public exhibition in March 2012, provides development controls for theCharlestown town centre. The Draft DCP requires that streetscape improvements areconsistent with the Charlestown Streetscape Master Plan. The Charlestown StreetscapeMaster Plan is not contrary to any other existing Council policy.Environmental Implications:There are no environmental implications associated with exhibition of the Master Plan.The document seeks to maintain and enhance visual quality and natural values byconsidering opportunities and constraints.Social Implications:The documents seek to maintain and enhance social values and opportunities byconsidering opportunities and constraintsThe Charlestown Streetscape Master Plan addresses social issues through best practiceurban design principles. The implementation of the plan will increase opportunity,universal accessibility, functionality, safety, economic effect and provide a modern highquality easily maintainable public space.Financial Implications:Funding for exhibition costs is provided for in Council’s current budget. The design andconstruction of capital works projects identified in the documents will require fundingconsideration in future Council budgets.Risk and Insurance Implications:There are no risk and insurance implications associated with the exhibition of the MasterPlan. Following exhibition, a further report will be prepared for Council, with a view toadoption of the risk and insurance implicationsOptions:1 Council may decide to exhibit the Master Plan as recommended to ensure a clearvision for the town centre and a unified approach for undertaking public domainworks by Council, the community and developers2 Council may decide to amend the Master Plan prior to exhibition. This option isnot recommended, as considerable resources, site investigation and stakeholderinput has gone into the development of the Master Plan, and exhibition of theMaster Plan in its current form will signal Council’s support for the consultativeprocess undertaken to date.3 Council may decide to adopt the Master Plan without exhibition. This option is notrecommended, as it denies the opportunity for external stakeholders and thebroader community to provide input and will reduce the benefits to the community- 149 -

Community Development Committee Meeting12 March 20124 Council may decide not to exhibit the Master Plan or progress with its adoption.This option is not recommended, as it conflicts with the recommendations of thereport adopted on 21 June 2010 and will reduce the benefits to the community.Conclusion:The Charlestown Streetscape Master Plan provides a clear vision and identity for the towncentre. Once implemented, it will create a modern vibrant town centre with many benefitsto the community.Manager City Projects - Adam WakemanAttachments:1. Charlestown Streetscape Master Plan Issue 01 Version 01 D02420551- 150 -

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General Business Committee Meeting12 March 2012General Business Committee Meeting - Monday 12 March 2012General Business Items to be raised at Committee Meeting- 175 -

General Business Committee Meeting12 March 2012General Business Committee• Council shall establish a General Business Committee comprising all councillors and theGeneral Manager.• The General Business Committee shall meet following Standing Committees.• Recommendations of the General Business Committee will be referred to the subsequentOrdinary Meeting of Council for consideration as long as that Ordinary Meeting is not heldimmediately following the Meeting of Standing Committees.• A minimum of three working days must separate the holding of the General BusinessCommittee and the Ordinary Meeting of Council where those recommendations are to beconsidered.• General Business Committee shall not be used:oooTo raise matters of significance where the use of a Notice of Motion would beappropriateWhere the item relates to routine maintenance or construction problems /enquiriesthat can be dealt with by a service request, orFor a report of attendance at a meeting or a function. Such a report of attendanceis to be given to the Councillor Coordination Officer for distribution with the ‘forinformation Business Paper’.• The Chairperson of the General Business Committee will determine the appropriateness ofan item being raised in accordance with Clause 5.11.5 of Council’s Code of MeetingPractice.- 176 -