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2-8 Campbell Parade, Bondi Beach – Change of use to a grocery and liquor shop and internal fitout (DA 531/2009) Report dated 6 May, 2010 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report. Saved by: Councillor Kanak seconded by Councillor Wakefield Reasons: Potential social and noise impacts, close to backpacker facility, community safety, adverse alcohol related behaviour, public interest Development Assessment Report Development Application No. 531/2009 Address 2 – 8 Campbell Parade, Bondi Beach Lodgement Date 9 October 2009 Proposal Change of use to a grocery and liquor shop Zoning and relevant controls *Part Zone 3(a) Business General and Part Zone 2 (c1) Residential under WLEP 1996 *Waverley Development Control Plan 2006 Part E Retail and Commercial Premises Part I Land Use and Transport Part J Access for People with Disabilities Owner The Summit Hotel Bondi Beach Pty Ltd Applicant CSA Architects Submissions Five (5) submissions Issues Liquor store, residential area, parking & patron behaviour Recommendation Approval Site Map 107

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Page 1: 2-8 Campbell Parade, Bondi Beach – Change of use …...2-8 Campbell Parade, Bondi Beach – Change of use to a grocery and liquor shop and internal fitout (DA 531/2009) Report dated

2-8 Campbell Parade, Bondi Beach – Change of use to a grocery and liquor shop and internal fitout (DA 531/2009)Report dated 6 May, 2010 from the Development and Building Unit. Recommendation: That the application be approved in accordance with the conditions contained in this report.

Saved by: Councillor Kanak seconded by Councillor WakefieldReasons: Potential social and noise impacts, close to backpacker facility, community safety, adverse alcohol related behaviour, public interest

Development Assessment Report

Development Application No. 531/2009Address 2 – 8 Campbell Parade, Bondi Beach

Lodgement Date 9 October 2009Proposal Change of use to a grocery and liquor shop

Zoning and relevant controls *Part Zone 3(a) Business General and Part Zone 2 (c1) Residential under WLEP 1996

*Waverley Development Control Plan 2006 Part E Retail and Commercial Premises Part I Land Use and Transport Part J Access for People with Disabilities

Owner The Summit Hotel Bondi Beach Pty LtdApplicant CSA ArchitectsSubmissions Five (5) submissionsIssues Liquor store, residential area, parking & patron

behaviourRecommendation Approval

Site Map

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1. PREAMBLE

1.1 The Site and its Locality

The proposed shop is located on the ground floor level of 2-8 Campbell Parade, Bondi Beach. The shop is currently fitted as a restaurant known as “Hungry Crezh”. The site is located amongst other commercial and retail establishments along Campbell Parade.

1.2 Background

Previous applications relevant to the subject application are outlined below:

Development application DA 15/71 dated 23 February 1971 approved the use of the premises as a restaurant with the opening hours between 9am until 11pm daily.

Development application DA 4/72 dated 25 January 1972 for alterations and use as a restaurant with the opening hours being extended vide Council minute 72/354 until 1am daily.

Development application LD 348/2002 for the premises as a take away fish and chips shop was approved on 26 July 2002 with operating hours confined between 10.30am and 10.30 pm seven days.

Development application DA 672/2004 was approved on 8 December 2004 for alterations and additions including new windows to an existing restaurant.

1.3 Proposal Description

The proposal involves the change of use from restaurant to grocery and liquor store with internal fit out. There is no increase in the existing footprint of the building.

The proposed use is to operate between 10.00am to 10.00pm seven days a week.

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 Business General – 3(a) under Waverley LEP 1996 and the proposal is permissible with Council’s consent. The site is not a listed heritage item however is within the Bondi Beach Conservation Area under Council’s LEP.

The application has been assessed having regard to the relevant provisions of the Waverley LEP. The proposal is considered to be acceptable in regards to the specific aims of the policy and the relevant specific clauses as follows:

Clause 3 – specific aims

It is considered that the proposal is consistent with all the aims in this regard and would promote a use to satisfy the demands of commercial development within the subject commercial zone.

Clause 10 - objectives of the zone

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It is considered that the proposal satisfies objectives (a) of providing retail and commercial uses.

Clause 26 - Waste Management

It is not considered that the type of use proposed will create an excessive amount of waste and that the proposal would be acceptable, subject to the recommended conditions of consent in regards to waste management.

2.1.2 Waverley Development Control Plan 2006

Part E1 – Retail and Commercial Premises

Clause 2.4.4 of the DCP stipulates the trading hours recommended in the Bondi Beach locality.

The proposal is considered to be generally consistent with the objectives of this part of the WDCP, in that it would promote an active street level frontage and would be compatible with adjoining uses as well as consistent with the amenity expectations for retail/commercial zones. It is envisaged that the shop would cater to the needs of both permanent and transient residents of the area as well as other commercial businesses in the immediate vicinity.

The trading hours proposed (from 10.00am to 10.00pm seven days a week) are compliant with the specific performance criteria, which allow trading hours between 7:00am to 12:00midnight, 7 days per week.

Part E2 – Advertising and Signage

The proposal does not include new signage and it is believed that the applicant will utilise the existing signage. A condition is recommended that any proposed new signage be the subject of a separate development application.

Part I – Land Use and Transport

This part of the DCP stipulates car parking rates and design guidelines for different uses. It is to be noted that there is currently no car parking provision on the subject site. Considering that the proposal comprises only a change of use with no additional floor space, no additional car parking is required for the proposed use.

It is not envisaged that there would be any significant increase in parking demand overall as a result of the proposed new use. It is considered that a majority of the customers of this type of business in this locality would be pedestrians, comprising “passing trade” (people who live nearby, arrived by public transport or have come to spend a day at the beach and have parked elsewhere) or linked to nearby uses (other shops, backpacker accommodation). It is further considered that customers that do arrive by car specifically to visit the shop would only park for a limited amount of time and could be accommodated by the existing street parking at the front of the shop. Deliveries will also be made from the existing street parking available.

Therefore, the proposal is considered to be satisfactory in regards to the objectives and relevant specific provisions under this part of the DCP.

Part J Access for People with Disabilities

Access for persons with disabilities is required to be provided to the development. A condition will be imposed that disabled access will be provided to the shop premises in accordance with the BCA.

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3. REFERRALS

Health Surveyor

Raised no objection to the proposal subject to the imposition of specific conditions.

Bondi & Beaches Manager

Raised objections to the proposal based on the following concerns:-

- “The business would appear to mainly be servicing the backpacker premises located at/or near this site. This creates issues around the sale of alcohol and the increased risk of anti-social behaviour at the backpackers and, in nearby public areas. The accessibility to the alcohol supported by groceries promotes and encourages increase consumption and refuelling by patrons.

- There are several grocery / convenience stores (and liquor sales) on Campbell Parade and Bondi Road in close proximity to this site. An additional grocery business would impact upon these existing businesses and flood the market in this area.

- The operating hours proposed at 10.00am to 10pm. I have concerns with the accessibility of alcohol to a high risk market in this vicinity for 12 hours, 7 days per week.

- Deliveries on Campbell Parade and neighbouring Francis Street would be difficult and may impede on traffic flow and residential amenity particularly during peak summer periods.”

In regard to the objection raised for the sale of alcohol business, it is to be noted that the zoning for this site allows for retail / commercial use. There is no evidence to suggest that a liquor store would increase the risk of anti-social behaviour and encourage the increase consumption of alcohol from the adjoining back-packer premises. However, should the application be approved the following condition is to be imposed in order to control the patrons and anti-social behaviour:

“PATRONS AND ANTI-SOCIAL 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.”

In regard to the objection raised for the number of grocery and liquor business on Campbell Parade and Bondi Road, there is no control relating to the proliferation or type of activities / uses within Campbell Parade. This issue therefore does not warrant the refusal of the application.

In regard to the objection raised for the operating hours, these times are considered reasonable within the zoning given similar operating hours for the food and liquor establishments in the vicinity. It is to be noted that the proposed trading hours (from 10.00am to 10.00pm seven days a week) are compliant with Council’s control, which allow trading hours between 7:00am to 12:00midnight, 7 days per week in this specific area.

In regard to the objection raised for deliveries, the proposal is similar to the current deliveries made on site which is from the existing street parking available.

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Environmental Services

Condition is to be attached that the proposal meets the requirements of Council’s with regards to waste and recycling storage and removal arrangements.

Fire Safety Officer

Condition is to be attached that the proposal meets the requirements of Council’s with regards to fire safety.

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.

It is considered that the proposed development would not result in adverse impacts on the natural and built environment, or sill have any significant social or economic impacts on the locality.

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

The site is considered to be suitable for the proposed development.

4. PUBLIC SUBMISSIONS

The application was notified for 14 days in accordance with Development Control Plan 2006 –Part C3: Advertised and Notified Development. Five (5) similar submissions were received from the apartment owners of no. 3 Campbell Parade during the notification period. The issues raised in the submission are summarised and discussed below.

Property Location Summary of Objections

1B/3, 7C/3, 7B/3, 4A/3, 8C/3 Campbell Parade

Across Campbell Parade (east)

Proposal is for liquor shop only Noise / patrons behaviour Car parking Proximity to other liquor store

Issue: Proposal is for liquor shop only

Comment – The applicant has further advised that the subject application is for the liquor and grocery store. The current neighbouring convenience (grocery) shop is on a very short lease, which is the reason that the owner has applied for both grocery and liquor for this application as it is likely that the other store could vacate in the near future.

Issue: Car parking

Comment – No additional car parking is required for the proposed change of use. This issue has been discussed in detail above under Section 2.1.2 Waverley Development Control Plan 2006.

Issue: Proximity to other liquor store and noise / patrons behaviour

Comment – The issues raised in the submissions have been addressed / discussed previously above in the report under Section 3 – Bondi & Beaches Manager.

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

Subject to the recommended conditions, the application is considered to be satisfactory with regards to Section 79C(1)(e) of the Act and would be in the public interest.

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. This included the issues raised in submissions to the application and the provisions of Council’s Development Control Plan.

The DBU noted that the outstanding issue with this application had been the provision of satisfactory waste management on site. In this regard the application was deferred to allow the applicant to liaise with Council’s Environmental Services department to ensure that such facilities are appropriately addressed on site. The applicant has had numerous meetings with Council officers in this regard and has also rectified existing facilities on site. Council environmental officers have reviewed the site waste management plan and the existing facilities on site, which are now considered to be satisfactory in terms of adequate storage, ventilation, and facilities for washing the bins and waste and recycling storage areas.

The application is now considered to be acceptable and recommended for approval having regard to the objectives of the General Business zone and the type of use proposed.

6. RECOMMENDATION

That Development Application No. 513/2009 at 2 – 8 Campbell Parade, Bondi Beach for change of use to a grocery and liquor shop be approved by the Development and Building Unit, subject to the following conditions:-

A. APPROVED DEVELOPMENT

1. APPROVED DEVELOPMENT

The development must be in accordance with:

(a) Architectural Plan Drawing Nos. LIQ-01 received by Council on 9 October 2009 & LIQ-02 received by Council on & 1 December 2009, tables and documentation prepared by CSA Architects, except where amended by the following conditions of consent; and

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

2. NO FLASHING SIGNS

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

3. LOCATION OF SIGNS

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

4. 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.

5. TRADING HOURS

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The approved trading hours for premises are from 10.00am to 10.00pm seven (7) days a week.

6. PATRONS AND ANTI-SOCIAL 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.

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. SEPARATE APPLICATION FOR SIGNAGE

Any proposed advertising structures to be displayed at the premises are to be subject to a separate development application to and approval from Council.

9. ENTERTAINMENT NOISE EMISSIONS

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.

10. NOISE - EMISSION

The use of the premises shall not give rise to:

(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 noise under consideration by more than 5dB(A). The source noise level shall be assessed as an LA10, 15 min and adjusted in accordance with the Department of Environment and Conservation’s (DEC) guidelines for tonality, frequency weighing, impulsive characteristics, fluctuation 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.

11. 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.

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12. REFRIGERATION UNITS & MECHANICAL PLANT

Any refrigeration motors/units or other mechanical plant are to be installed within the premises (ie. the subject tenancy) 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 use of the building. Details of the refrigeration units and mechanical plant along with the means of acoustically treating the plant room are to be provided with any development application for the use of the premises.

B. COMPLIANCE PRIOR TO ISSUE OF CONSTRUCTION CERTIFICATE

13. 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:

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

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

(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 Customer Service Centre, 55 Spring Street, 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 full cost of the development.

14. SECURITY DEPOSIT

A deposit or guarantee satisfactory to Council for the amount of $ 500.00 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.

15. 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. This Schedule shall be prepared by a person competent to do so and shall specify the

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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.

16. CERTIFICATION OF MECHANICAL EXHAUST

The mechanical exhaust ventilation system is to comply with the approved plans and specifications in addition to Australian Standards AS 1668 parts 1 and 2, 2002. A Certificate of Test together with a copy of the final test figures is to be submitted by a competent person and approved by the Principle Certifying Authority prior to the issue of the Occupation Certificate.

17. 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".

18. BUILDING CODE OF AUSTRALIA

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

19. ACCESS TO MAIN ENTRY

Access in accordance with AS1428.2 shall be provided to and within the main entrance and exit points of the development. Details are to be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

D. COMPLIANCE PRIOR TO OCCUPATION OR DURING OCCUPATION

20. 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.

21. WASTE STORAGE BINS

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The applicant must provide 1 x 240L waste MGB to be emptied daily, 1 x 240L paper and cardboard recycling MGB and 1 x 240L commingled recycling MGB.

22. BIN WASHING FACILITIES

The applicant must engage a bin washing contractor on a regular basis to ensure bins are cleaned and that no waste is drained to the storm water drain.

23. 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 in the food preparation area 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.

24. FINAL 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.

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