154-162 Campbell Parade, Bondi Beach (fronting Roscoe ... · Address Shops 8, 9 and 10 at 154-162 Campbell Parade, Bondi Beach (fronting Roscoe Street Mall) Lodgement Date 4 December

154-162 Campbell Parade, Bondi Beach (fronting Roscoe Street Mall) - Change of use to a licensed restaurant including fitout and new signage (DA 631/2009).Report dated 7 April, 2010 from the Development & Building Unit.Recommendation: That the application be approved in accordance with the conditions contained in this report.Saved By: Councillor Kanak, second by Councillor WakefieldReasons: Public amenity, use intensification

Development Assessment Report

Development Application No. 631/2009Address Shops 8, 9 and 10 at 154-162 Campbell Parade,

Bondi Beach (fronting Roscoe Street Mall)Lodgement Date 4 December 2009 and amended information

received 24 February 2010Proposal Change of use to a licensed restaurant including

fitout and new signage (shop 8, 9 and 10).Zoning and relevant controls 3(a) Business General zone according to

Waverley LEP 1996 Waverley Development Control Plan (WDCP)

2006Owner Olidia Holdings Pty. Ltd, Rebel Investment

Nominees Pty. Ltd, Justanol Pty. Ltd.Applicant Mr. J LouposSubmissions No submissions receivedIssues Sanitary facilities, noiseRecommendation That the application be APPROVED

Site Map

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1. PREAMBLE

1.1 The Site and its Locality

The subject site is located within the recently refurbished ‘The Bondi’ building at 154-162 Campbell Parade, Bondi Beach. However, the subject premises fronts Roscoe Street Mall, on the corner of Gould Lane.

Existing on the site is a nine storey mixed use building with retail commercial premises on the ground floor (fronting Campbell Parade and Roscoe Street Mall) with residential apartments above. The ground floor shop that forms the subject of this application fronts Roscoe Street Mall which is about to commence public works to upgrade the Mall. This will involve the removal of the cul-de-sac from the front of the subject premises and construction of new paved pedestrian area with large planters for street trees.

Immediately adjoining the subject site on the ground floor (within the same building complex) are commercial uses including ‘Between the Flags’ surfwear shop. Directly opposite on the other side of the Mall is ‘Hurricane’s Grill and Bar’ and ‘Pompei’ restaurants.

The subject site is not listed as a heritage item, however is situated within the Bondi Beach Urban heritage conservation area.

1.2 Background

A search of Council records indicate a number of applications for the site (potentially as the site is a large mixed use development). Therefore, those only applicable to the subject premises include:

DA 779/2004 approved 7 September 2005 for substantial alterations and additions to existing motel/retail building to provide a mixed use development containing 44 apartments, ground level retail and basement parking within the Bondi Beach Urban Conservation Area.

FPS 51/2009 for footpath seating at the subject premises was lodged at the same time as the subject application and whilst separate applications, should be addressed concurrently. It therefore remains undetermined.

In regards to the current application, it is worthy to note the original application was deferred in an attempt to address matters of concerns. These issues related to;

Sufficient sanitary facilities being provided for the proposed number of customers and staff.

Waste management issues being clarified/addressed. Clarification of loading/unloading facilities. Reduction of outdoor seating area and indication of proposed furniture (these matters

form part of the footpath seating application though addressed in the deferral notice to allow all issues to be dealt with concurrently).

1.3 Proposal Description

The proposal seeks a change of use to tenancies 8, 9 and 10 at 154-162 Campbell Parade for a licensed restaurant to be known as ‘Stafili Wine and Mezze Bar’ including associated fitout (new kitchen, bar/service area and associated dining). The premises intends to operate as an upmarket restaurant with a focus on fine casual dining with quality wine with a Mediterranean (predominantly Greek) theme.

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There will be up to 15 staff and 45 diners inside. A concurrent footpath seating application (FPS 51/2009) lodged with Council seeks outdoor seating for 32 diners (subject to separate assessment) resulting in a total of 77 diners for the subject premises overall (original application sought a total of 93seats reduced as part of Council’s deferral of the application).

The proposed hours of operation are 7am to 12 midnight, seven days. Loading/unloading of goods will occur utilising existing on-street parking at the rear via Gould Lane or front via Campbell Parade.

New signage sought includes fixed awning sign, under awning sign and front wall sign.

Shared sanitary facilities will be utilised for staff and customers that are available in the centre of the ground floor level of the building, shared between all commercial premises on this level.

2. ASSESSMENT

The following matters are to be considered in the assessment of this development application under Section 79C of the Environmental Planning and Assessment Act 1979.

2.1 Section 79C(1)(a) Planning Instruments.

2.1.1 Waverley Local Environmental Plan 1996

The site is zoned 3(a) Business General under Waverley LEP 1996. The site is not listed as a Heritage Item, however is located within the Bondi Beach Urban Conservation Area underCouncil’s LEP.

Clause 3 – Specific Aims

Objective (2) –Commercial Development(a) ‘To allow for retail, entertainment, tourist and commercial uses;(b) To allow for residential development mixed with other permissible uses so as to

encourage urban consolidation and increase the vitality of localities within this zone; and

(c) To control the physical and functional characteristics of business centres so as to minimise their impact on neighbouring residential areas.

Planning Comment: The proposal seeks to maintain a commercial entity within a Business General zone that satisfies the demands of the surrounding locality. The proposal is therefore considered satisfactory having regard to Clause 3 of the LEP.

Clause 10 – Zone ObjectivesThe site is zoned Business General 3(a) under Council’s LEP. The proposal for the use of the premises for a licensed restaurant is considered acceptable, specifically having regard to the previous use of this space (prior to refurbishment of building) as a restaurant.

The zone and plan aims are intended to preserve the amenity of Waverley’s streets and townscape and as such the subject site is located within Council’s most intensive commercial use that allows for licensed premises to trade within the proposed hours of operation. Furthermore, the imminent upgrade of Roscoe Street Mall, in association with other fine dining restaurants already located adjacent within the Mall and other commercial activities nearby, including restaurants, bars and hotels which cater to local and tourist trade within Waverley as well as residential uses, the proposed restaurant is considered to fit in well with the surrounding character of this locality and will contribute to the vitality of this part of Bondi Beach.

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The application has been assessed having regard to the relevant provisions of the LEP and is acceptable for the reasons discussed.

2.1.2 Waverley Development Control Plan 2006, Part E1 – Retail and Commercial Premises

Hours of operationThe subject site is considered a ‘Type A’ Premises within ‘Area A’ of the Bondi Beach locality map according to clause 2.4.4 of Part E1 of the WDCP 2006 which allows for:

(a) Area A: 6:00am to 2.00am Monday to Saturday and 9.00am to 1.00am Sunday.

The proposed trading hours are 7.00am to 12.00 midnight, seven days a week, compliant with Council’s policy controls with the exception of Sunday morning trading. It is also noted that the application was submitted with an Acoustic Report that details the impact of the proposed use with regard to the transmission of noise. Subject to recommendations outlined within Council’s standard conditions and the reduction of Sunday morning trading commencing at 9.00am, the proposal is considered to have an acceptable impact on the surrounding locality and worthy to support.

It is noted that the footpath seating application will address noise matters in more detail, specifically as the outdoor areas have more potential to adversely impact on noise, however do not form part of the subject application. Nonetheless, standard noise related conditions shall be imposed on the consent, to ensure noise impacts resulting from the use of the premises do not unreasonable impact on the surrounding locality.

In assessing the application in the context of surrounding development with regard to the proposed trading hours for a licensed premises, it is worthy to note the applicant seeks a wine bar in conjunction with the restaurant. Discussions with the applicant reveal the intention is to serve meals with various wines that complement the food being served. Spirit drinks and beer are not available but rather wine only. The resultant effect of the proposedlicensed restaurant should therefore not be compared to a use more akin to a typical bar or pub in this instance.

NoiseAs outlined above, the proposal is considered to have an acceptable impact on the surrounding locality in terms of noise. However, to further reduce noise emanating from the premises, the following additional conditions are recommended, in addition to standard noise conditions:

Bi-fold glass doors along the frontage be closed by 11pm each day to reduce the transmission of noise from the premises.

No music (live or otherwise) shall occur between 7am to 9am (Monday to Saturday) and between 11pm to 12.00 midnight each day.

Management shall be responsible for ensuring patrons do not loiter at the front of the premises.

Any plant (including air conditioning units or the like) must be located in a plant room or an acoustic enclosure to remove the potential for any associated noise escaping from the subject property.

Delivery VehiclesIt is proposed that the loading/unloading of goods occur using on-street parking availableprimarily from Gould Lane at the rear or Campbell Parade at the front of the site. No on-site parking is available for the commercial premises, considered acceptable upon the original consent for the refurbishment of the building being granted.

A standard condition will be imposed upon any consent being granted requiring delivery and loading/unloading of goods shall be limited to the approved trading hours.

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Advertising and SignageNew signage proposed to replace the existing advertising on the premises include:

Front awning fascia sign; Wall sign; 2 x underawning signs (as restaurant occupies 3 tenancy spaces);

The proposed signage is considered acceptable and generally in accordance with Council’s advertising and signage controls. Specifically the awning fascia signage and wall signage meet Council’s controls. The exception of this is that two underawning signs are proposed, where Council’s DCP stipulates a maximum of one per premises. However, as the proposed restaurant occupies three tenancies (being shop 8, 9 and 10), it is considered reasonable in this instance to waive strict compliance, particularly as three underawning signs would be otherwise permitted if occupied as individual tenancies.

2.1.3 Waverley Development Control Plan 2006, Part F2 – Bondi Beach

As the proposal is for the change of use including fitout and signage only, the relevant provisions outlined within this section of the DCP are considered generally acceptable.

2.1.4 Other Matters

StreetscapeThe proposal seeks to refurbish the existing premises for the use as a licensed restaurant including fitout and signage. As outlined above, the signage is considered acceptable. Additionally the existing terracotta wall cladding and bi-fold glass doors are to remain as existing, therefore considered to be acceptable on the streetscape.

Safety and securityA Plan of Management has been submitted with the application detailing operational measures for the proposed restaurant including the measures to be taken by the licensee/management to eliminate unnecessary waste and littering, behaviour of patrons and responsible service of alcohol, noise, security measures and complaint handling as a result of the restaurant use and the security management of the site.

Upon consent being granted, the plan of management and the measures outlined within are considered reasonable and shall be reiterated by way of condition.

3 REFERRALS

3.1 Internal

Environmental Health IssuesUpon the original application being submitted, the following comments were made by Council’s Senior Environmental Health Surveyor:

It is proposed to carry out a shop fit-out and use the existing shop premises as a wine bar and restaurant. The work will be carried out in the vacant shop which faces the Roscoe Street alignment. The proposal will involve a total indoor seating for 45 persons whilst a separate application seeks a further 48 outdoor seats. In total 93 seats. Toilet facilities are provided and will require customers and staff to exist the building in Roscoe Street and re-enter the building through a passageway further down Roscoe Street. There are other retail tenancies at ground level that have seating arrangements for customers. Toilet facilities provided include 1 disable WC, 2 femals WC’s, 1 male WC and 1 urinal.

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The total number of seating and staff numbers within the ground floor commercial tenancies will exceed 101 persons. Accordingly additional toilet facilities will be required.

This matter was raised with the applicant, by way of deferral of the application. Additionally, another issue raised was the number of outdoor seats proposed (recommended to be reduced). As such, the amended application reduced the outdoor seats, and subsequently the total number of seats for the premises reduced down to 77 seats in total. The following comments were made regarding the amended documentation:

The application was deferred on account that additional information was required, including the provision of additional toilet facilities…the original proposal involved a total of 45 indoor seats and a separate application for a further 48 outdoor seats. In total 93 seats. The number of seats (customers) has now been reduced to 77persons (45 inside, and 32 outside). Toilet facilities are provided and will require customers and staff to exist the building in Roscoe Street and re-enter the building through a passageway further down Roscoe Street. There are other retail tenancies at ground level that have seating arrangements for customers. Toilet facilities provided include 1 disable WC, 2 female WC’s, 1 male WC and 1 urinal. The proposal now complies with the requirements of the BCA in terms of toilet facilities and should be subject to standard conditions.

Concern is still raised regarding the access to the toilet facilities, however it is noted that is more of a Planning consideration.

Comment: It is acknowledged that the location of the toilet facilities being separate to the restaurant is not ideal. However, the building has just been recently refurbished and there is limited scope to provide additional toilets. Nonetheless, the number of seats for the premises have been reduced to comply with the requirements of the BCA. Additionally, whilst the proposal is for a licensed restaurant, the intention is to provide wine that accompanies the food, rather than be a licensed premises comparable to that of a pub or bar, whereby the weight for toilets being conveniently located is of a higher necessity.

Therefore, in this instance, the provision of toilets that are separate to the restaurant are considered acceptable, provided a system is in place by the management for limited access (ie. key access). A condition shall be imposed ensuring the management are responsible for patron’s behaviour with those leaving the restaurant to utilise the toilets nearby.

Waste ManagementUpon the original application being submitted, issues were raised with regard to waste management and the request for more information/clarification. The application was deferred in an attempt to address these matters and upon amended information being lodged, Council’s Environmental Waste Officer considered the documentation satisfactory, subject to standard conditions being imposed.

Bondi Beach ManagerThe application was referred to Council’s Bondi Beach Manager who made the following comments:

The proposed use compliments the area, will contribute to activating Roscoe Street Mall and is consistent with other nearby restaurant operations.

However, there are number of concerns from a place management perspective. My concerns and recommendations are listed below;

Proposed use

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The operating hours proposed is 7am to 12 midnight. Midnight trading raises questions at to whether the restaurant will convert to more of a bar operation in the later part of the evening. It is located below and near residential premises which raise concerns with noise and potential for anti-social behaviour as patrons leave the premises. I would therefore recommend that the restaurant be allowed to trade to the hours consistent with neighbouring restaurants eg Hurricanes and preferably not to 12 midnight. If 12am trading is acceptable in this location and within planning controls I would recommend that it does not apply to all days. I would recommend trading to 10-11pm Sunday – Thursday and 12am Friday and Sat. Again, consistency with other neighbouring restaurants is important.

Comment: The proposal complies with Council’s DCP controls with regard to hours of operation, allowing a consistent approach to be taken.

Appropriate liquor license would be required. I therefore recommend that the Licensing Police be referred this DA for comment so that they can make recommendations of conditions of consent that would be consistent with any licensing conditions.

Comment: Upon consent being granted and a liquor license being applied for, the conditions outlined within this consent will be considered by the Licensing Board prior to any consent being granted. It is therefore not necessary to refer the application to them prior to determination.

Music must be limited to internal areas only and at a specific level indicated by our Compliance Officers.

Comment: This aspect is concurred with and shall be imposed in a standard condition.

I would recommend that music (live and otherwise) to be restricted after a certain time in the evening due to residential premises being located above and nearby.


A litter and waste management strategy is to be implemented that includes regularly litter patrols within 20m radius of the premises (including any approved seating) with a final clean up occurring at the end of each evening. A cleaning log must be kept and can be viewed by Compliance Officers upon request.

Comment: The proposal seeks fine dining and waiter service, so any litter external to the premises is anticipated to be minimal. Nonetheless, standard conditions addressing this issue can be imposed.

Bins are to be placed in the designated waste area and not on public land (except on collection days). They must be promptly removed from the street once the rubbish has been collected.


Public bins located in Roscoe Mall are not to be used for commercial waste. Fines will apply.


No smoking is permitted within the premises including outdoor seating areas.

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Comment: The subject application relates to the internal confines of the premises, where State legislation does not allow smoking indoors. The outdoor seating area is subject to a separate application which will assessed accordingly.

The premises must ensure that patrons who leave the premises to smoke must dispose of their butts in appropriate bins and not take their food or beverage with them whilst they are having a cigarette.


Delivery and other vehicles related to the operation must not be access Roscoe street mall and/or in front of premises. Deliveries must occur from Campbell Parade and/or Gould Lane.


I would recommend restrictions on the bi-fold doors be considered to manage noise emanating from the building. Eg Like Ravesis located cnr Hall and Campbell Parade, who are required to close their bi-fold doors at a certain time in the evening


The premise must ensure no crowding in front of the restaurant occurs that obstructs pedestrian access and flow.


Section 79C(1)(b) - The likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.

ParkingThere is no additional parking requirements resulting from the change of use.

Trading HoursThe proposed hours of operation are 7am to 12.00 midnight, seven days, complying with Council’s controls for this zone. To ensure the proposed use does not detrimentally affect surrounding properties, standard conditions will be imposed relating to hours of operation, noise, waste etc. In other respects the proposal would have a negligible impact on the locality.

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

The above analysis indicates that the site is suitable for the proposed development.

4. PUBLIC SUBMISSION

The application was notified for 14 days in accordance with Waverley Development Control Plan 2006, Part C3 – Advertised and Notified Development. No submissions were received.

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

The proposal is considered acceptable and in the public interest.

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5. DEVELOPMENT AND BUILDING UNIT REVIEW

The DBU gave consideration to the proposal having regard to the relevant matters under Section 79C of the Act, and the provisions of Council’s Development Control Plan. It was noted that no submissions were received to the proposal.

The DBU reviewed the proposal and noted that the site is located in a Business General 3(a) zone, which is the highest of the commercial zone in the Waverley Council area and encourages fine dining restaurant activities. The proposed new use is compatible with the objectives of the zone and is considered to fit well with the surrounding character and will contribute to the vitality of this part of Bondi Beach.

The proposed hours of operation are generally complaint with Council’s policy controls and having regard to the zoning and its location within the commercial strip are considered to be acceptable. The application has been reviewed by Council’s health and environment departments and the provision of sanitary and health facilities are considered to be satisfactory.

The application is recommended for approval subject to the conditions given in the report.

6. RECOMMENDATION

That Development Application No. 631/2009 at Shop 8, 9 and 10, 154-162 Campbell Parade, Bondi Beach (fronting Roscoe Street) for change of use to a licensed restaurant including fitout and new signage be approved by Council, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Architectural Plan Nos A000, A101, A101a, A200, A201, A202 dated October 2009 and received by Council on 4 December 2009 and as amended by Plan Nos A100, A104 dated October 09 and received to Council on date 25 February 2010, all prepared by ‘Paul Kelly’ and tables and documentation prepared by ‘Design Collaborative Pty. Ltd.’ submitted on these dates;

(b) Drainage Layout Drawing No. AB-H01 of Project No. 5701 prepared by ‘Planet Plumbing’ dated 15/10/07 and received to Council on date 25 February 2010.

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

(d) Plan of Management prepared by ‘Design Collaborative Pty. Ltd’ dated November 2009 and received by Council on 4 December 2009;

(e) Acoustic Assessment prepared by ‘Koikas Acoustics’ dated 27 November 2009 and received by Council on 4 December 2009;

except where amended by the following conditions of consent;

2. HOURS OF OPERATION

The hours of operation being restricted to between 7.00am and 12.00 midnight, Monday to Saturday and between 9.00am to 12.00 midnight on Sunday.

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3. CLOSURE OF BI-FOLD DOORS TO FRONT OF PREMISES

The bi-fold glass doors along the frontage of the premises shall be closed by 11.00pm each day to reduce the transmission of noise from the premises.

4. MANAGEMENT RESPONSIBILITY

The management of the premises shall be responsible for:

(a) Ensuring patrons do not loiter at the front of the premises.

(b) Ensure no crowding in front of the restaurant occurs that obstructs pedestrian access and flow.

(c) Patron’s behaviour of those utilising the sanitary facilities (particularly as these are external to the subject premises).

5. LIGHTING

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

6. NEW DEVELOPMENT APPLICATION REQUIRED

This consent is for alterations and additions to the existing building only and should during the course of certification or construction a significant amount of the remaining fabric of the building be removed, a new development application will be required and need to comply with the relevant planning controls including Basixs.

7. ROLLER SHUTTERS

The installation of roller shutters or grilles, in front of, or in place of a standard window or shop front is prohibited. Council Policy requires the retention of a glass shop front for window display purposes.

8. PATRON BEHAVIOUR

The Management shall ensure that the behaviour of patrons entering and leaving the premises does not detrimentally affect the amenity of the neighbourhood. In this regard, the management shall be responsible for the control of noise and litter generated by patrons of the premises and shall ensure that patrons leave the vicinity of the premises in an orderly manner to the satisfaction of Council. If so directed by Council, the Management is to employ private security staff to ensure that this condition is complied with.

9. AMUSEMENT MACHINES & THE LIKE

The installation of jukeboxes, pinball machines, pool tables or similar amusement machines will not be permitted without the written consent of Council.

10. NO BARBECUE OR CHARCOAL TYPE COOKING

This approval does not permit the installation of barbecue or charcoal type cooking appliances. Comprehensive details must be submitted with a formal application to Council for approval prior to the installation of any such equipment.

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11. LIMIT ON SEATING NUMBERS

Seating accommodation within the premises is to be limited to a maximum of 45 diners.

12. OUTDOOR SEATING

This approval relates strictly to the installation of seats within the confines of the shop premises with no seats to be placed external of the building. Any proposal to utilise an area external of the building for dining will be subject to a separate development application to Council and if approved will require a lease agreement to be entered into with Council.

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

The premises shall not provide prepared food to its customers in any non-recyclable or non bio-degradable polystyrene foam food packaging nor shall any restaurant/take-away food outlet purchase, obtain or keep any polystyrene foam food packaging for such purposes.

14. DELIVERY OF GOODS

Loading and unloading vehicles and delivery of goods to the land shall at all times be carried out within the approved hours of operation via Campbell Parade or Gould Lane (ie. not Roscoe Street).

15. NO SPRUIKERS

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

16. LITTER PATROLS

Litter patrols are to be undertaken by the operator within a 50m radius of the premises to collect and dispose of litter including footpath to gutter litter cleaning. A minimum of threepatrols daily (at 10am, 3pm and 10pm or closing time) must be undertaken. A litter patrol roster is to be maintained and kept on the premises at all times detailing date, time or patrol, staff member responsible, and manager's signature. Litter patrols are to be detailed in the Waste Management Plan for the site.

17. ENTERTAINMENT NOISE EMISSIONS

(a) No sound reproduction device nor any forms of entertainment operated within the premises are to exceed a noise level of 5dBA above background noise levels measured from any public place or other parts of the premises or adjoining premises.

(b) No sound reproduction device shall be installed external to the building, but rather shall be confined to internal areas of the subject premises only.

(c) Sound reproduction devices (including music live or otherwise) shall be restricted to between 9am and 10pm, seven days due to residential premises being located above and nearby. In this instance, no sound reproduction device (including music, live or otherwise) shall occur between 7am to 9am and between 11pm to 12.00 midnight each day.

18. NOISE EMISSIONS

The use of the premises shall not give rise to:

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

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

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

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

19. NOISE - PLANT

Noise associated with mechanical plant shall not give rise to any one or more of the following:

(a) Transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy.

(b) A sound pressure level at any affected property that exceeds the background (LA90, 15 minute) noise level by more than 5dB(A). The background noise level must be measured in the absence of noise emitted from the licensed premises. The source noise level must be assessed as a LAeq, 15 minute.

(c) Notwithstanding compliance with (a) and (b) above, the noise from mechanical plant associated with the premises must not be audible in any habitable room in any residential premises between the hours of 12.00 midnight and 7.00am.

(d) A Certificate is to be submitted at the completion of all work and prior to the issue of an Occupation Certificate, from a suitably qualified Acoustic Engineer. The Certificate is to certify all plant and equipment complies with the terms of approval in relation to noise.

20. REFRIGERATION UNITS & MECHANICAL PLANT

Any refrigeration motors/units or other mechanical plant are to be installed within the building in an acoustically treated plant room. In this regard, adequate provision is to be made within the confines of the building for any refrigeration motors/units or other mechanical plant associated with any future use of the building.

21. EMISSIONS

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

22. LIQUOR LICENSE PREMISES

Noise caused by the approved use including music and other activities must comply with the following criteria:

(a) The use must not result in the transmission of "offensive noise" as defined in the Protection of the Environment Operations Act 1997 to any place of different occupancy;

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(b) The L10 noise level emitted from the use must not exceed 5dB above the background (L90) noise level in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 7.00am and 12.00 midnight when assessed at the boundary of the nearest affected property. The background noise level must be measured in the absence of noise emitted from the use;

(c) The L10 noise level emitted from the use must not exceed the background (L90) noise level in any Octave Band Centre Frequency (31.5 Hz to 8 kHz inclusive) between the hours of 12.00 midnight and 7.00am when assessed at the boundary of the nearest affected property. The background noise level must be measured in the absence of noise emitted from the use; and

(d) Notwithstanding compliance with (a) and (b) above, the noise from the use must not be audible within any habitable room in any residential property between the hours of 12.00 midnight and 7.00am.

23. TOILET FACILITIES - NUMBERS

The minimum number of sanitary facilities shall be provided to the restaurant in accordance with the following customer occupation:

Total no. of customers

Male Male Male Female Female

Urinal WC Pans WHB WC Pans WHB

Up to 20 Nil Nil Nil Nil Nil

21 to 50 One One One One One

51 to 100 One One One Two One

101-200 Two One Two Three Two

Legend: wc = water closet; whb = wash hand basin

Notes:1. A wc may replace a urinal.2. Total number of customers are made up of 50% each of male and female patrons unless

premises is for one gender only, e.g. A freemasons lodge need not provide toilets for females whereas they would in a masonic club.

24. WASTE

Bin Storage AreaThe waste and recycling storage area needs to be undercover.

AmenityAll garbage and recycling must be inside Council approved bins or skips, with lids closed to reduce littering, stormwater pollution, odour and vermin.

ManagementAll waste and recycling must be put out for kerb-side collection no earlier than the previous evening

All waste and recycling receptacles must be removed from the kerb-side as soon as possible on the same day as the collection service.

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25. INSTALLATION OF AIR CONDITIONING

Air conditioning unit(s) installed within the building shall:

(a) Be located a minimum of 1.5 metres from a boundary.

(b) Be located behind the front building line and if visible suitable screened and located in an appropriate location.

(c) Not be adjacent to neighbouring bedroom windows.

(d) Not reduce the structural integrity of the building.

(e) Not emit noise that is audible within a habitable room in any other residential property (regardless of whether any door or window to that room is open):

(i) before 8.00am and after 10.00pm on any Saturday, Sunday or public holiday; or

(ii) before 7.00am and after 10.00pm on any other day.

(f) Not provide noise emissions that exceed 5dBA above the ambient background noise level measured at the property boundary at any other time outside of (e).

26. NO FLASHING SIGNS

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

27. LOCATION OF SIGNS

No advertising signs or notices are to be affixed to the windows of the premises.

28. ERECTION OF SIGNS

(a) The erection of the sign is to satisfy the following requirements:

(b) Be subject to development consent of Council:

(c) Be erected/supported in a secure manner for safety purposes;

(d) Does not cause measures that would cause irreversible damage to the building; and,

(e) Shall be a minimum of 2.6m above the footpath level and be offset a minimum of 600mm behind the kerb.

29. NO SIGNS OR GOODS ON PUBLIC AREA

Portable signs or goods for sale or display must not be placed on the footway or other public areas, without the prior approval of Council.

30. EXISTING SIGNS

Any existing advertising structures displayed at the premises not relating to the approved use being removed and any proposed advertising structures to be displayed at the premises being the subject of a specific application to Council. Additionally, the canvas drop down blind and associated structure shall be removed prior to the use of the premises.

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31. HEATERS UNDER THE AWNING

No approval is expressed or implied to install any heaters under the awning, which are to be deleted from the proposal.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

32. SECTION 94A CONTRIBUTION

A cash contribution is payable to Waverley Council pursuant to section 94A of the Environmental Planning and Assessment Act 1979 and the "Waverley Council Development Contributions Plan 2006” in accordance with the following:

(a) A cost report indicating the itemised cost of the development shall be completed and submitted to Council:

1. Where the total development cost is less than $500,000:"Waverley Council Cost Summary Report"; or,

2. Where the total development cost is $500,000 or more:"Waverley Council Registered Quantity Surveyor's Detailed Cost Report".

A copy of the required format for the cost reports may be obtained from Waverley Council Chambers (First Floor) or downloaded from:www.waverley.nsw.gov.au/publications/

(b) Prior to the issue of the Construction Certificate, evidence must be provided that the levy has been paid to Council in accordance with this condition or that the cost of works is less than $100,000.

Waverley Council Development Contributions Plan 2006 may be inspected at Waverley Council Chambers, First Floor, Cnr Paul Street and Bondi Road, Bondi Junction.

Advisory Note

A development valued at $100,000 or less will be exempt from the levy.

A development valued at $100,001 - $200,000 will attract a levy of 0.5%.

A development valued at $200,001 or more will attract a levy of 1% based on the fullcost of the development.

33. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $3000 must be provided as security for the payment of the cost of making good any damage that may be caused to any Council property as a consequence of this building work.

This deposit or guarantee must be established prior to the issue of the Construction Certificate. The full amount of the difference after recovery of Council's cost for any repair of damage to Council property will be refunded after satisfactory completion of the building work to the person who paid the deposit.

34. LONG SERVICE LEVY

A long service levy, as required under Section 34 of the Building and Construction Industry Long Service Payments Act, 1986, is to be paid in respect to this building work. In this regard,

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proof that the levy has been paid is to be submitted to Council prior to the issue of a Construction Certificate.

Note: Council acts as an agent for the Long Service Payment Corporation and the levy may be paid at Council's office. The levy rate is 0.35% of building work costing $25,000 or more.

35. NO BUILDING WORKS PRIOR TO RELEASE OF CONSTRUCTION CERTIFICATE

The building work, including demolition, must not be commenced until:

(a) a Construction Certificate has been obtained from Council or an Accredited Certifier in accordance with Section 81A(2) of the Environmental Planning & Assessment Act, 1979; and

(b) a Principal Certifying Authority has been appointed and Council has been notified of the appointment in accordance with Section 81(A)(2)(b) of the Environmental Planning & Assessment Act, 1979 and Form 7 of Schedule 1 of the Regulations; and

(c) Council is given at least two days Notice in writing of the intention to commence the building works.

The owner/applicant may make application to Council or an Accredited Certifier for the issue of a Construction Certificate and to be the Principle Certifying Authority.

36. SITE WASTE AND RECYCLING MANAGEMENT PLAN

A Site Waste and Recycling Management Plan (SWRMP) Checklist Part 2 shall be submitted to the Principal Certifying Authority for approval in accordance with Part G1, Waverley DCP 2006 prior to the issue of the Construction Certificate. In this regard, Council expects demolition and excavated material to be reused and/or recycled wherever possible.

The builder and all subcontractors shall comply with the approved SWRMP (Part 1 and 2) at all times during construction. At least one copy of the SWRMP is to be available on site at all times during construction.

37. ACCESS

The development shall be provided with access and facilities for people with disabilities in accordance with AS1428.2 Design for Access and Mobility Part 2: Enhanced and Additional Requirements. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

38. HOARDING REQUIRED

If required, a standard A or B Class hoarding designed and constructed in accordance with the requirements of the Work Cover Authority being erected on the street alignments of the property, prior to the commencement of building operations, and such hoardings to be maintained during the course of building operations. Details of the hoarding are to be provided to Council prior to issue of the Construction Certificate.

Where the hoarding is to be erected over the footpath or any public place, the approval of Council must be obtained prior to the erection of the hoarding.

39. ESSENTIAL SERVICES - EXISTING BUILDING

Details of the currently implemented and proposed essential fire safety measures shall be submitted to Council, with the Construction Certificate, in the form of a Fire Safety Schedule.

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This Schedule shall be prepared by a person competent to do so and shall specify the minimum standard of performance for each essential fire safety measure included in the Schedule.

At the completion of the installation, a Final Fire Safety Certificate shall be attached to the Occupation Certificate, certifying that each essential fire safety measure specified within the current Fire Safety Schedule:

(a) has been assessed by a properly qualified person; and

(b) found to be capable of performing to at least the standard required by the current Fire Safety Schedule for the building for which the Certificate is issued.

40. TRADE WASTE

The applicant is to confer with Sydney Water and enter into, where applicable, a 'Trade Service Agreement' with the Authority pursuant to the Trade Waste Policy. Details of the Authority's requirements are to be submitted to and approved by Council or an Accredited Certifier prior to the issue of the Construction Certificate. Trade wastewater is defined as "trade waste and any liquid, and any substance contained in it, which may be produced at the premises".

41. ENGINEERING DETAILS

Structural details prepared and certified by a practicing Structural Engineer being furnished to Council or Accredited Certifier in connection with all structural components prior to the issue of a Construction Certificate.

42. RECEPTACLES FOR CIGARETTE BUTTS

An adequate number of receptacles for the disposal of cigarette butts are to be provided on the site, adjacent to the entrance/s to the building. The location and design of the receptacle/s is to be approved by Council prior to the issue of a Construction Certificate. The receptacle/s must:

(a) Be located entirely on private property and must not be located on or over Council's footpath;

(b) Not obstruct any required means of egress or path of travel from the building required by the Building Code of Australia; and

(c) Be appropriately secured to the building.

The emptying and maintenance of the receptacle/s must be undertaken on a daily basis and is the responsibility of the building owner/manger and will not be undertaken by Council.

C. COMPLIANCE PRIOR TO AND DURING CONSTRUCTION

43. PRIOR TO SITE WORKS

The Principal Certifying Authority must be informed in writing before any site works, building or demolition commences of:

(a) the name and contractor licence number of the licensee who has contracted to do, or intends to do, work ; or

(b) the name and permit number of the owner/builder who intends to do the work; and

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(c) any change to these arrangements for doing of the work.

44. CONSTRUCTION SIGNS

Prior to commencement of any works on the site and during construction a sign shall be erected on the main frontage of the site detailing the name, address and contact details (including a telephone number) of the Principal Certifying Authority and principal contractor (the coordinator of the building works). The sign shall be clearly legible from the adjoining street/public areas and maintained throughout the building works.

45. OBSTRUCTION TO PUBLIC AREAS

If a public place or pedestrian vehicular traffic may be obstructed because of the carrying out of work involved in the erection or demolition of a building; or a public place is required to be enclosed in connection with the erection or demolition of a building; then:

(a) a hoarding fence must be erected between the building site and the public place of the proposed building and the public place. If necessary, an awning sufficient to prevent any substance from, or in connection with, the work falling into the public place, is also to be erected;

(b) the work is to be kept lit during the time between sunset and sunrise if the work may be of a sort of danger to persons using the public place; and

(c) a hoarding, fence or awning is to be removed when it is no longer required for the purpose it was provided.

46. DEMOLITION OR ALTERATION OF PRE 1987 BUILDINGS

At least five (5) days prior to the demolition, renovation work or alterations and additions to any building constructed before 1987, the person acting on the consent shall submit a Work Plan prepared in accordance with Australian Standard AS260-2001, Demolition of Structure and a Hazardous Materials Assessment by a person with suitable expertise and experience. The Work Plan and Hazardous Materials Assessment shall:

(a) outline the identification of any hazardous materials, including surfaces coated with lead paint;

(b) confirm that no asbestos products are present on the subject land; or

(c) particularise a method of safely disposing of the asbestos in accordance with the Code of Practice for the Safe Removal of Asbestos NOHSC 2002 (1998);

(d) describe the method of demolition;

(e) describe the precautions to be employed to minimise any dust nuisance; and

(f) describe the disposal methods for hazardous materials.

47. COMPLIANCE WITH WORKCOVER NSW REQUIREMENTS

All site works complying with the occupational health and safety requirements of WorkCover NSW.

48. STOCKPILES

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Stockpiles of topsoil, sand, aggregate, soil or other material shall not be located on any drainage line or easement, natural watercourse, footpath or roadway and shall be protected with adequate sediment controls.

49. LOCATION OF BUILDING OPERATIONS

Building operations such as brick cutting, washing tools or brushes and mixing mortar are not permitted on public roadways or footpaths or in any locations which could lead to the discharge of materials into the stormwater drainage system.

50. ALL BUILDING MATERIALS STORED ON SITE

All building materials and any other items associated with the development are to be stored within the confines of the property. No materials are to be stored on Council's footpath, nature strip, or road reserve without prior Council approval.

51. CONSTRUCTION HOURS

Demolition and building work must only be undertaken between the hours of 7am and 5pm on Mondays to Fridays and 8am to 3pm on Saturdays with no work to be carried out on:

(a) The Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which form part of public holiday weekends;

(b) Sundays and public holidays; and

(c) On the Saturday (except minor renovation or refurbishment to a single dwelling construction) and Sunday which immediately precede or follow industry Rostered

Days Off, as agreed by the CFMEU and the Master Builders Association of NSW.

Noise from construction activities shall comply with the Protection of the Environmental Operations (Noise Control) Regulation 2000.

52. CONSTRUCTION NOISE -

The LA10 level measured over a period of not less than 15 minutes when the construction site is in operation must not exceed the background (LA90) noise level by more than 20dB(A) when assessed at any sensitive noise receiver.

53. MECHANICAL VENTILATION SYSTEMS

(a) The premises are to be ventilated in accordance with the requirements of the Building Code of Australia & relevant Australia Standards.

(b) Any proposed mechanical ventilation system shall comply with the Australian Standard AS 1668 - 1991 (Parts 1 and 2). Prior to installation, the design is to be certified by a person competent to do so. At completion of the installation of the system and prior to the issue of the Occupation Certificate, the work shall be certified by a person competent to do so. The certification shall include:

(i) inspection, testing and commissioning details;

(ii) date of inspection, testing and commissioning details;

(iii) the name and address of the individual who carried out the test; and

(iv) a statement that the service has been designed, installed and is capable of operating to the above standard.

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54. BUILDING CODE OF AUSTRALIA

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

55. QUALITY OF CONSTRUCTION ACT - INSPECTIONS (COMMERCIAL CLASS 5, 6, 7, 8 AND 9)

The building works are to be inspected during construction by the Principal Certifying Authority (PCA) and in accordance with the Building Legislation (Quality of Construction) Act 2002 and the Environmental Planing and Assessment Regulations. Also, documentary evidence of compliance with the relevant terms of conditions of development consent and standards of construction detailed in the Building Code of Australia is to be obtained prior to proceeding to the subsequent stages of construction and/or issue of an Occupation Certification.

MANDATORY Critical Stage Inspections MUST be carried out by the PCA for work undertaken during specified stages of construction and prior to issuing an Occupation Certificate.

The specified MANDATORY inspections are:

In the case of a Class 5, 6, 7, 8 or 9 building:(a) at the commencement of the building work;(b) prior to covering any stormwater drainage connections; and(c) after the building work has been completed and prior to any Occupation Certificate being

issued in relation to the building.

Note: Certification may be required from a suitably qualified person, in relation to specialist matters, verifying that particular works satisfy the relevant requirements of the Building Code of Australia and standards of construction.

56. WATER PROOFING

The floor and wall surfaces of the proposed wet areas being protected against water in accordance with the Building Code of Australia. The wet areas are to be examined and certified by an Accredited Certifier.

Note: Water proofing is to be in accordance with AS 3740 - Water Proofing of Wet Areas within residential buildings.

57. HOT TAP WATER SCALDING

To reduce the incidence of hot tap water scalding and, for the purpose of energy efficiency, all new or replacement hot water systems shall deliver hot water to a maximum 50 degrees Celsius at the outlet of all sanitary fixtures used for personal hygiene.

58. SERVICE PIPES

All plumbing and drainage, including sewerage drainage stacks, ventilation stacks and water service pipes shall be concealed within the building. Plumbing other than stormwater downpipes shall not be attached to the external surfaces of the building.

59. WORK OUTSIDE PROPERTY BOUNDARY

All work outside the property boundary is to be carried out with the approval of, and in accordance with, the requirements of Council at the applicant's expense.

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D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

60. OCCUPATION CERTIFICATE

The Principal Certifying Authority prior to occupation or use of the development must issue a final Occupation Certificate. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning & Assessment Act, 1979 have been satisfied.

61. WASTE STORAGE

The following requirements apply to waste management:

(a) A waste management plan must be submitted to Council to include all waste removal arrangements such as the Contractor, recyclables and all other waste (collection and disposal), prior to the occupation of the premises.

(b) Provide a separate waste storage area suitably covered, bunded and drained to the sewer. The waste storage receptacles must be maintained in good order and repair at all times.

(c) Provide a suitable storage area affectively bunded for chemicals, pesticides and cleaning products.

62. FOOD PREMISES

The following requirements apply to premises that commercially provide food:

(a) The premises must comply with the Food Act, 2003 and the Food Standards Code thereunder;

(b) The applicant must arrange for an inspection by Council's Environmental Health Surveyor prior to Occupation;

(c) The premises are to be registered with Council prior to the issue of the Occupation Certificate; and

(d) The food premises must have separate hand washing facilities that are located where they can be easily accessed by food handlers and must be connected to a supply of warm running potable water from a single spout and clearly designated for the sole purpose of washing hands, arms and face.

(e) The proprietor must pay any fees incurred by the carrying out of food safety inspections as determined by Council’s Pricing Policy, Fees and Charges.

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Documents

154-162 Campbell Parade, Bondi Beach (fronting Roscoe ... · Address Shops 8, 9 and 10 at 154-162 Campbell Parade, Bondi Beach (fronting Roscoe Street Mall) Lodgement Date 4 December