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16/180 RESOLVED:
On
the Motion of Councillors A Brown and K Pascoe
That Council approve
Development Application DA16/0204 for the conversion of the corner store and
dwelling to café, 82 Thorne Street, Wagga Wagga subject to the following
conditions :
CONDITIONS
Approved Plans and Documentation
1. The
development must be carried out in accordance with the approved plans and
specifications as follows.
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Plan/DocNo.
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Plan/Doc Title
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Prepared by
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Issue
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Date
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-
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Statement of Environmental Effects (REVISED)
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Fiona Ziff
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-
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18/5/16
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-
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Annexure D Off-street Parking Variation
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Fiona Ziff
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-
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8/4/16
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-
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Statement of Heritage Impact
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Fiona Ziff
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-
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22/3/16
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-
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Proposed Floor Plan (AMENDED PLAN)
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Fiona Ziff
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-
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22/5/16
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-
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Southern Elevation (AMENDED PLAN)
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Fiona Ziff
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-
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22/5/16
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160136-1
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Layout Plan
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Xeros Piccolo Consulting Engineers
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B
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6/6/16
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160136-2
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Elevation and Section Details
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Xeros Piccolo Consulting Engineers
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B
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6/6/16
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The
Development Application has been determined by the granting of consent
subject to and as amended by the conditions of development consent specified
below.
NOTE: Any modifications to the
proposal shall be the subject of an application under Section 96 of the
Environmental Planning and Assessment Act, 1979.
REASON: It is in the public interest that work is carried out in
accordance with the approved plans. Section 79C(1)(e) of the Environmental
Planning and Assessment Act 1979, as amended.
Prior to release of Construction Certificate
2. Prior
to the issue of the Construction Certificate, details of the proposed
garbage/bin storage area must be submitted for assessment and approval by the
Director of Planning and Regulatory Services or delegate. The development
shall be carried out in accordance with the approved details.
NOTE: Waste and bin storage areas must be wholly contained within
the property boundaries and shall be screened from public view.
REASON:
To ensure the development does not reduce the amenity of the area. Section
79C(1)(b) of the Environmental Planning and Assessment Act 1979, as
amended.
3. Provision
must be made in the building and on the site for:
a) access to
the building for people with disabilities in accordance with the Building
Code of Australia;
b) toilet
facilities for people with disabilities in accordance with the Building Code
of Australia, and such toilet facilities must be accessible to all persons
working in, or using, the building.
NOTE: These matters
must be addressed in the plans and specifications submitted with the
application for a Construction Certificate.
REASON: To provide for the use of the development by people with
disabilities. Section 79C(1)(e) of the Environmental Planning and
Assessment Act 1979, as amended.
4. Prior
to the release of Construction Certificate a compliance certificate under
s306 of the Water Management Act 2000 must be obtained in respect of the
development relating to water management works that may be required in
connection with the development.
NOTE1: ‘Water
management work’ is defined in s283 of the Water Management Act to mean
a ‘water supply work‘, ‘drainage work‘, ‘sewage
work’ or ‘flood work’. These terms are defined in that Act.
NOTE 2: Riverina Water is
responsible for issuing compliance certificates and imposing requirements
relating to water supply works for development in the Council‘s area -
please contact Riverina Water to ascertain compliance certificate water
supply related requirements. A copy of such a compliance certificate is
required prior to release of Construction Certificate.
NOTE 3: The Council is
responsible for issuing compliance certificates and imposing requirements
relating to sewerage, drainage and flood works for development in its area.
NOTE 4: Under s306 of the Water
Management Act 2000, Riverina Water or the Council, as the case requires,
may, as a precondition to the issuing of a compliance certificate, impose a
requirement that a payment is made or works are carried out, or both, towards
the provision of water supply, sewerage, drainage or flood works.
NOTE 5: The Section 64 Sewer
base figure is $3148.82
The
Section 64 Sewer contribution (updated by the CPI, 106.8/100.5) required to
be paid is $3346.21
NOTE 6: The Section 64
Stormwater base figure is Nil.
The
Section 64 Stormwater contribution (updated by the CPI) required to be paid
is Nil.
NOTE 7: Section 64
contributions shall be indexed in accordance with CPI annually at the
commencement of the financial year.
NOTE 8: The figures outlined in
this consent are based on the current rate of CPI. Please be advised that CPI
changes on a regular basis and you are advised to contact Council prior to
payments being made, to ensure no further CPI increases/decreases have
occurred since the date of this consent.
REASON: It is
in the public interest that Council maintain the ability to provide adequate
water and sewer reticulation services. Section 79C(1)(c) and (e) of the Environmental
Planning and Assessment Act 1979, as amended).
5. Prior
to issue of the Construction Certificate detailed plans and elevations of the
food and drink preparation and storage areas shall be submitted in accordance
with the requirements of the Food Act 2003 and the Food Regulation 2015 and
the Food Safety Standards Code. Plans shall include but not be limited
to the floor, wall, ceiling covering, coving, exhaust canopy, personal and
chemical storage areas.
REASON: To aid
in the storage, preparation and display of food that is safe to be consumed
by the public. Section 79c(1) (e) of the Environmental Planning and
Assessment Act 1979, as amended.
6. Prior
to the issue of a Construction Certificate, a dilapidation report is to be
undertaken. This shall include clear photos and descriptions of all existing
Council infrastructure adjacent to the subject site. A copy of the
dilapidation report shall be submitted to and approved by Council.
REASON: It is
in the public interest that the development works do not damage existing
Council infrastructure and accordingly a record of existing conditions is
required.
7. Prior
to the issue of Construction Certificate a person wishing to discharge liquid
trade waste to the sewerage system must under Section 68 of the Local
Government Act 1993 and Council’s Liquid Trade Waste Regulation Policy,
obtain prior approval from Council. Discharging liquid trade waste without an
approval is an offence under section 626 of the Act. Further information is
available from Council’s Trade Waste section on 1300 242 442 regarding
the application process.
The
applicant shall supply WWCC with detailed plans of the new trade waste
layout. The existing trade waste agreement with council will need to amended
to show these changes.
Trade
waste material is not to be discharged into Council’s sewer system
and/or stormwater system, without first obtaining such written approval.
All conditions of the approval must be complied with.
REASON:
To prevent damage to the Council’s Sewage Treatment System and
subsequent pollution of the Murrumbidgee River and comply with the
Local Government (General) Regulation 2005, and Section 79C(1)(b) of the Environmental
Planning and Assessment Act 1979, as amended.
Prior to Commencement of Works
8. If
the work involved in the erection or demolition of a building or structure:
a) is likely
to cause pedestrian or vehicular traffic in a public place to be obstructed
or rendered inconvenient, or
b) building
involves the enclosure of a public place,
a hoarding
or fence must be erected between the development site/works and the public
place prior to works commencing on site.
All
construction materials, waste, waste skips, machinery and contractors
vehicles must be located and stored or parked within the site. No storage of
materials, parking of construction machinery or contactor’s vehicles
will be permitted within the public space.
If
necessary, an awning must be erected, sufficient to prevent any substance,
from or in connection with the work, falling into the public place. Further
the work site must be kept lit between sunset and sunrise if it is likely to
be hazardous to persons in the public place.
NOTE 1: Any such hoarding,
fence or awning must be removed when the work has been completed.
NOTE 2: Any external
lighting required by this condition must be designed and positioned so that,
at no time, will any light be cast upon any adjoining property.
NOTE 3: Prior to any
hoarding being erected, the applicant must ensure that an application for a
Hoarding Permit is submitted to and approved by Council.
REASON:
It is in the public interest that adequate safety measures are provided.
Section 79C(1)(e) of the Environmental Planning and Assessment Act 1979,
as amended.
9. Prior
to works commencing on site, toilet facilities must be provided, at or in the
vicinity of the work site on which work involved in the erection or
demolition of a building is being carried out, at the rate of one toilet for
every 20 persons or part of 20 persons employed at the site. Each toilet
provided must be:
a) a
standard flushing toilet connected to a public sewer, or
b) if that
is not practicable, an accredited sewage management facility approved by
Council, or
c) if that
is not practicable, any other sewage management facility approved by Council.
NOTE 1: The provision of
toilet facilities in accordance with this condition must be completed before
any other work is commenced and the toilet facility must not be removed
without the prior written approval of Council.
NOTE 2: “Vicinity”
in this condition is defined to mean within 50 metres of the subject building
site.
NOTE 3: The toilet
facilities are to comply with all WORK COVER NSW requirements.
REASON:
To provide adequate sanitary facilities during the construction phase.
Section 79C(1)(b) of the Environmental Planning and Assessment Act 1979,
as amended.
10. A
CONSTRUCTION CERTIFICATE pursuant to Section 109C of the Environmental
Planning and Assessment Act 1979, as amended from either Council or an
accredited certifying authority certifying that the proposed works are in
accordance with the Building Code of Australia PRIOR to any works commencing.
NOTE 1: No building,
engineering, excavation work or food premises fitout must be carried out in
relation to this development until the necessary Construction Certificate has
been obtained.
NOTE 2: YOU MUST NOT
COMMENCE WORK UNTIL YOU HAVE RECEIVED THE CONSTRUCTION CERTIFICATE, even if
you made an application for a Construction Certificate at the same time as
you lodged this Development Application.
NOTE 3: It is the
responsibility of the applicant to ensure that the development complies with
the provision of the Building Code of Australia in the case of building work
and the applicable Council Engineering Standards in the case of subdivision
works. This may entail alterations to the proposal so that it complies with
these standards.
REASON:
To ensure the design of the proposed work may be assessed in detail before
construction commences and because it is in the public interest that the
development complies with the appropriate construction standards. Section
79C(1)(e) of the Environmental Planning and Assessment Act 1979, as
amended.
11. Prior
to works commencing a container must be erected on site for the enclosure of
all building rubbish and debris, including that which can be wind blown. The
enclosure shall be approved by Council and be retained on site at all times
prior to the disposal of rubbish at a licenced Waste Management Centre.
Materials
and sheds or machinery to be used in association with the construction of the
building must not be stored or stacked on Council’s footpath, nature
strip, reserve or roadway.
NOTE 1: No building
rubbish or debris must be placed, or be permitted to be placed on any
adjoining public reserve, footway, road or private land.
NOTE 2: Weighbridge
certificates, receipts or dockets that clearly identify where waste has been
deposited must be retained. Documentation must include quantities and nature
of the waste. This documentation must be provided to Council prior to
application for an Occupation Certificate for the development.
NOTE 3: The suitable
container for the storage of rubbish must be retained on site until an
Occupation Certificate is issued for the development.
REASON:
To ensure that the building site and adjoining public places are maintained
in a clean and tidy condition so as not to interfere with the amenity of the
area. Section 79C (1)(b) and (e) of the Environmental Planning and
Assessment Act 1979, as amended.
12. Prior
to the commencement of works erosion and sediment control measures are to be
established and maintained to prevent silt and sediment escaping the site or
producing erosion. This work must be carried out and maintained in
accordance with Council’s:-
a) Development
Control Plan 2010 (Section 2.6 and Appendix 2)
b) Erosion
and Sediment Control Guidelines for Building Sites; and
c) Soils and
Construction Volume 1, Managing Urban Stormwater
Prior to
commencement of works, a plan illustrating these measures shall be submitted
to, and approved by, Council.
NOTE: All erosion and sediment control
measures must be in place prior to earthworks commencing.
REASON:
To ensure the impact of the work on the environment in terms of soil erosion
and sedimentation is minimised. Section 79C (1)(b) of the Environmental
Planning and Assessment Act 1979, as amended.
13. Public
liability insurance is to be taken out and maintained during the period this
Consent operates in relation to the activity authorised by this Consent for
an amount of $20,000,000.00 noting the Council's interest as the owner of the
public footpath over which the ramp and handrail is located. Written evidence
of such insurance is to be provided to the Council before any work authorised
by this Consent commences and by not later than the month of the date of this
consent (July) in each year during which this Consent operates or at any
other time requested by the Council.
REASON: It is in the public interest that the development provides
Public Liability. Section 79C(1)(e) of the Environmental Planning and
Assessment Act 1979, as amended.
14. A
Section 68 Approval must be obtained from Council prior to any sewer or
stormwater work being carried out on the site.
The
licensed plumber must submit to Council, at least two (2) days prior to the
commencement of any plumbing and drainage works on site a “Notice of
Works”.
NOTE: A copy of the Notice of Works
form can be found on Council’s website.
REASON: It is
in the public interest that plumbing and drainage work is carried out with
the relevant approvals required under the Local Government Act 1993 and the
Plumbing Code of Australia. Section 79C(1)(e) of the Environmental Planning
and Assessment Act 1979, as amended.
15. Prior
to works commencing, a sign must be erected in a prominent position on any
work site on which work involved in the erection or demolition of a building
is being carried out:
a) stating
that unauthorised entry to the site is prohibited, and
b) showing
the name of the person in charge of the work site and a telephone number at
which that person may be contacted outside work hours
c) the
development consent or complying development consent number, the name and
contact details of the Principal Certifying Authority.
Any sign
must be removed when the work has been completed.
NOTE: This condition does not apply
to:
a) building work carried
out inside an existing building, or
b) building work carried
out on premises that must be occupied continuously (both during and outside
work hours) while the work is being carried out.
REASON:
To ensure the development complies with the requirements imposed under Clause
98 of the Environmental Planning and Assessment Regulations 2000, as amended,
and Section 80A(11) of the Environmental Planning and Assessment Act 1979,
as amended.
16. At
least two (2) days prior to the commencement of any works, the attached
‘Notice of Commencement of Building or Subdivision Works and
Appointment of Principal Certifying Authority’, must be submitted to
Council.
REASON:
Because it is in the public interest that Council receive notification in
accordance with the provision of the Environmental Planning and Assessment
Act 1979, as amended. Section 79C(1)(e) of the Environmental Planning
and Assessment Act 1979, as amended.
17. Prior
to works or activities commencing within the road reserve, approval under
Section 138 of the Roads Act 1993 is required from Council.
A written
application for Consent to Work on a Road Reserve is required to be
submitted to and approved by Council. This shall include the preparation of a
certified Temporary Traffic Management Plan (TTP) for the works.
It should
be noted that work in the existing road reserve can only commence after the
plan has been submitted and approved and then only in accordance with the
submitted TTP. Please contact Council‘s Activities in Road Reserves
Officer on 1300 292 442.
REASON: It is
in the public interest that proposed works being carried out within the road
reserve, in association with the subject development, are assessed for compliance
against relevant traffic management standards and the terms and
conditions of the Roads Act 1993. Section 79C(1)(e) of the Environmental
Planning and Assessment Act 1979, as amended.
During works
18. If
the Council is appointed as the Principal Certifying Authority the following
inspections must be undertaken by Council and a satisfactory Inspection
Report must be issued by Council for such works prior to any further works
being undertaken in respect of the subject development. Inspection Stages
for construction are listed in Column 1 and must be inspected by Council at
the times specified in Column 2.
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COLUMN 1
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COLUMN 2
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Footings
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When the footings have
been excavated and all steel reinforcement has been placed in position.
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Slab
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When reinforcement steel
has been placed in position in any concrete slab, whether or not the slab
is suspended, on the ground, or on fill.
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Wall
frame
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When the frame has been
erected and prior to sheeting and or brick veneer outer wall has been
constructed and tied to the frame.
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Final
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Required prior to
occupation of the building
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NOTE 1: A Final Occupation Certificate in relation to
the building cannot be issued by Council until all Inspection Reports
required by this condition have been issued by Council. Prior to or at the
time of the application for Occupation Certificate the application for
“Occupation Certificate” form attached to the Council issued
Construction Certificate must be completed and submitted to Council with all
required attachments - failure to submit the completed Occupation Certificate
application form will result in an inability for Council to book and
subsequently undertake occupation certificate inspection.
NOTE 2: The above Inspection Reports are required
whether or not the work has been inspected by a Structural Engineer, a
lending authority or any other person. If the Inspection Reports are not
issued Council may refuse to issue a Building Certificate under Section 149A
of the Environmental Planning and Assessment Act 1979, as amended.
NOTE 3: Submission of the bracing plan and the Truss and
Frame Certificate is required seven (7) working days before the frame
inspection.
REASON:
It is in the public interest that critical stage inspections be issued for
these components of the development in accordance with Section 162A of the Environmental
Planning and Assessment Regulations 2000 as amended.
19. The
Builder must at all times maintain, on the job, a legible copy of the plan
and specification approved with the Construction Certificate.
REASON:
It is in the public interest that a copy of the Construction Certificate
plans are available, and Section 79C(1)(e) of the Environmental Planning
and Assessment Act 1979, as amended.
20. All
excavation and backfilling associated with the erection/demolition of the
building must be properly guarded and protected to prevent them from being
dangerous to life or property.
Excavations
must be undertaken in accordance with the terms and conditions of Section
9.4.6 of the Wagga Wagga Development Control Plan 2010.
REASON:
It is in the public interest that all building elements are able to withstand
the combination of loads and other actions to which it may be
subjected. Section 79C(1)(b) and (e) of the Environmental Planning
and Assessment Act 1979, as amended.
21. The
demolition must be carried out in accordance with the provisions of
Australian Standard AS2601-2001: The Demolition of Structures.
Within
fourteen (14) days of completion of demolition, the following information
shall be submitted to Council for assessment and approval:
a) an
asbestos clearance certificate prepared by a competent person; and
b) a signed
statement verifying that demolition work and the recycling of materials was
undertaken in accordance with any Waste Management Plan approved with this consent.
In reviewing such documentation Council will require the provision of actual
weighbridge receipts for the recycling/disposal of all materials.
NOTE 1: Developers are reminded that WorkCover requires
that all plant and equipment used in demolition work must comply with the
relevant Australian Standards and manufacturer specifications.
NOTE 2: Demolition works involving the removal and
disposal of asbestos cement must only be undertaken by contractors who hold a
current WorkCover “Demolition Licence” and a current WorkCover
“Class 2 (Restricted) Asbestos Licence”.
NOTE 3: Competent Person (as defined under Safe Removal
of asbestos 2nd Edition [NOHSC: 2002 (2005)] means a person possessing
adequate qualifications, such as suitable training and sufficient knowledge,
experience and skill, for the safe performance of the specific work.
NOTE 4: A licence may be required for some of the tasks
described in the document entitled Safe Removal of Asbestos 2nd Edition as
requiring a competent person.
REASON:
It is in the public interest that the demolition be carried out in a safe
manner and that the utilities be protected from damage. Section
79C(1)(a) & (e) of the Environmental Planning and Assessment Act 1979,
as amended.
22. The
permitted construction hours are Monday to Friday 7.00am to 6.00pm and
Saturday 7.00am to 5.00pm, excepting public holidays. All reasonable steps
must be taken to minimise dust generation during the demolition and/or
construction process. Demolition and construction noise is to be managed in
accordance with the Office of Environment and Heritage Guidelines.
REASON:
To ensure building works do not have adverse effects on the amenity of the
area. Section 79C(1)(b) of the Environmental Planning and Assessment
Act 1979, as amended.
23. The
construction and finished area of the food business premises shall be
constructed and maintained in accordance with the Food Act 2003 and Food
Regulations 2015 and the Food Safety Standards Code.
REASON:
To aid in the storage, preparation and display of food that is safe to be
consumed by the public. Section 79C (1)(e) of the Environmental
Planning and Assessment Act 1979, as amended.
24. A
Compliance Certificate for the plumbing and drainage work identified in
Column 1 at the times specified in Column 2 must be obtained from Council.
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COLUMN 1
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COLUMN
2
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Internal Sewer Drainage
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When all internal
plumbing and drainage work is installed and prior to concealment.
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External Sewer Drainage
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When all external
plumbing and drainage work is installed and prior to concealment.
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Final
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Prior to occupation of
the building or structure.
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REASON:
It is in the public interest that plumbing work is certifying as complying
with AS/NZS 3500.2003 and Plumbing Code of Australia.
25. All
building work must be carried out in accordance with the requirements of the
Building Code of Australia (as in force on the date the application for the
relevant Construction Certificate or Complying Development Certificate was
made).
REASON:
To ensure the development complies with the requirements imposed under Clause
98 of the Environmental Planning and Assessment Regulations 2000, as amended,
and Section 80A(11) of the Environmental Planning and Assessment Act 1979,
as amended.
Prior to release of
Occupation Certificate / Prior to Operation
25 (a) The applicant shall ensure the provision of
three (3) car parking spaces on site in the rear courtyard area.
REASON: To
ensure development does not reduce the amenity of the area. Section 79C(1)(b)
of the Environmental Planning and Assessment Act 1979, as amended.
26. The
applicant must obtain an Occupation Certificate, pursuant to Section 109C of
the Environmental Planning and Assessment Act 1979, from either
Council or an accredited certifying authority, prior to occupation of the
building.
NOTE: The issuing of an Occupation
Certificate does not necessarily indicate that all conditions of development
consent have been complied with. The applicant is responsible for ensuring
that all conditions of development consent are complied with.
REASON: It
is in the public interest that an Occupation Certificate be issued prior to
occupation of the building. Section 79C (1)(e) of the Environmental
Planning and Assessment Act 1979, as amended.
27. A
Venue Management Plan shall be prepared by police attached to the Wagga Wagga
Local Area Command in consultation with the consent holder. The consent
holder is to ensure that they actively engage with police to ensure the
management plan is completed prior to any final occupation certificate being
issued by Council. The plan must be signed and approved by the Local Area
Commander or the Commander’s Delegate. A copy of the management plan
must be lodged with the Wagga Wagga City Council by the consent holder.
The plan must include a range of measures which may include but are
not limited to, patron safety and security, use of security guards,
management of crime scenes, recording and reporting incidents of violence,
the installation and maintenance of closed circuit television (CCTV), the
quiet and good order of the neighbourhood, safe transport options, clearing
of rubbish, addressing complaints relating to the operation of the premise
and reviews, amendments and updates to the plan.
The requirements of this management plan are designed to maintain
the amenity of the area and are separate to any conditions that may be placed
on a liquor licence by the appropriate Authority under the Liquor Act 2007.
The consent holder must ensure that all parts of each individual requirement
of the management plan are complied with at all times.
REASON: To ensure
development does not reduce the amenity of the area. Section 79C(1)(b) of the
Environmental Planning and Assessment Act 1979, as amended.
28. Prior
to the issue of the occupation certificate, the applicant is to ensure toilets
located in the food premises are to be separated from areas where food is
handled, displayed or stored by an airlock equipped with self-closing doors,
or fitted with self-closing doors and provided with mechanical ventilation
that operates when in use and 30 seconds after the cubicle is vacated.
REASON: To aid in the storage, preparation and display of food
that is safe to be consumed by the public. Section 79C (1)(e) of the Environmental
Planning and Assessment Act 1979, as amended.
29. Prior
to the issue of the occupation certificate, the colour for the painting of
the handrail to the ramp shall match the building walls. Alternative colours
can be considered by Councils Planning Section but shall be approved in
writing by Council prior to the issue of the occupation certificate.
NOTE: The
subject site is located within the Heritage Conservation Area and as such any
external works, particularly those that may be viewed from the road frontage
which affect the streetscape require the submission of a Development
Application to Council for consideration.
REASON: To
ensure a positive impact on the streetscape and the character of the
conservation area. Section 79C (1)(b) of the Environmental Planning and
Assessment Act 1979, as amended.
30. Prior
to the issue of the occupation certificate, the license agreement held with
Council for Activities on Public Footpaths shall be updated for the use as
Café and any associated BYO or liquor license.
REASON: To
ensure a positive impact on the streetscape and consistency with Councils
Policies. Section 79C (1)(b) of the Environmental Planning and Assessment
Act 1979, as amended.
31. Prior
to the issue of the occupation certificate, any new or upgraded services and
mechanical vents and equipment installed as part of this development shall be
located away from and noise and odours directed away from the dwelling to the
North (84 Thorne St).
REASON: To
minimise adverse impacts and ensure a positive impact on the locality and
achieve consistency with Councils Development Control Plan. Section 79C
(1)(b) of the Environmental Planning and Assessment Act 1979, as
amended.
32. Prior
to the issue of an Occupation Certificate, the owner must submit to Council a
final Fire Safety Certificate stating that each essential fire safety measure
specified in the current Fire Safety Schedule for the building to which the
certificate relates:
a) has been
assessed by a properly qualified person; and
b) was
found, when it was assessed, to be capable of performing to a standard not
less than that required by the current Fire Safety Schedule for the building.
Further,
the assessment must be carried out within a period of three (3) months of the
date on which the final Fire Safety certificate was issued. The owner of the
building must forward a copy of the certificate to the New South Wales Fire
Brigades and must prominently display a copy in the building.
NOTE: A final Fire Safety Certificate
must be provided before a final Occupation Certificate can be issued for the
building and must be provided if a Fire Safety Order is made in relation to
the building premises.
REASON:
To ensure the development complies with the requirements imposed under clause
153 of the Environmental Planning and Assessment Regulation 2000, as
amended. Section 80A(11) of the Environmental Planning and
Assessment Act 1979, as amended.
33. Prior to the issue of the Occupation
Certificate and at a minimum two (2) days prior to the food business premises
commencing trade, a health inspection must be conducted by Council's Environmental
Health Officer in accordance with the Food Act 2003 and the Food Regulations
2015, Food Safety Standards Code. A satisfactory final fit out and
construction approval must be obtained by Council’s Environmental
Health Officer prior to commencing trade.
REASON:
To aid in the storage, preparation and display of food that is safe to be
consumed by the public. Section 79C (1)(e) of the Environmental
Planning and Assessment Act 1979, as amended.
34. Prior
to the release of the Occupation Certificate the current Food Safety
Supervisor must be notified to the appropriate regulatory authority.
REASON:
To aid in the storage, preparation and display of food that is safety to be
consumed by the public. Section 79C(1)(e) of the Environmental Planning and Assessment
Act 1979, as amended.
35. A
final inspection must be carried out upon completion of plumbing and drainage
work and prior to occupation of the development, prior to the issuing of a
final plumbing certificate Council must be in possession of Notice of Works,
Certificate of Compliance and Works as Executed Diagrams for the works. The
works as Executed Diagram must be submitted in electronic format in either
AutoCAD or PDF file in accordance with Council requirements.
All
plumbing and drainage work must be carried out by a licensed plumber and
drainer and to the requirements of the Plumbing and Drainage Act 2011.
NOTE: Additional fees for inspections
at the Plumbing Interim Occupancy / Plumbing Occupation stage may
apply. This will depend on the number of inspections completed at this
stage of the work/s.
REASON: To
ensure compliance with the relevant provisions of the Plumbing and
Drainage Act 2011 and Regulations.
36. Prior
to the issue of an Occupation Certificate a Water Plumbing Certificate from
Riverina Water County Council shall be submitted to Council.
NOTE 1: The applicant is to obtain a Plumbing Permit from
Riverina Water County Council before any water supply/plumbing works commence
and a Compliance Certificate upon completion of the works. Contact Riverina
Water County Council’s Plumbing Inspector on 6922 0618. Please be
prepared to quote your Construction Certificate number.
REASON: To
ensure that the water servicing requirements of the development have been
approved by the relevant authority. Section 79C (1)(e) of the Environmental
Planning and Assessment Act 1979, as amended.
General
36(a) That this approval does not include the use of the area
marked on the plans as ‘future café use.’ The use of
this area for any purpose will require the prior development approval of
Council.
REASON: It is
in the public interest that the development is carried out in accordance with
the approved plans. Section 79c(1)(e)
36(b) The applicant at their cost is to provide angled line
marking for a minimum 13 additional car parking spaces for vehicles within
Thorne Street (on eastern side), in accordance with Council’s
Engineering Guidelines for subdivisions and development and relevant
Australian Standards.
Prior to
any works occurring in the road reserve the applicant shall have lodged with
and approved by Council a Section 138 permit application. Details of the line
marking, including engineering details shall be submitted with the Section
138 permit application.
The above
works and signposting shall be undertaken as per the recommendation(s) of
Council’s Traffic Committee and is to be completed prior to the release
of the Final Occupation Certificate or prior to an amended timing being
agreed upon to the satisfaction of Council.
NOTE 1 A Section 138 permit shall be lodged in
accordance with application submission requirements and accompanied by
relevant application fee.
NOTE 2 The design and nature of proposed parking
and signposting is to be reviewed and approved by Council’s Traffic
Committee prior to the assessment by Council of the required Section 138
permit application.
NOTE 3 The applicant shall be required to pay
for all costs associated with erecting associated signage associated with
this condition.
NOTE 4 The
applicant may approach Council and enter into an agreement for the council to
undertake the works required to be satisfied under this condition at the
applicants cost with payment and timing arrangements to be determined to the
mutual satisfaction of the applicant and the council. The works must be completed not more
than 12 months after issue of this approval.
REASON: To
ensure development does not reduce the amenity of the area. Section 79C(1)(b)
of the Environmental Planning and Assessment Act 1979, as amended.
37. The
approved use must only be conducted
(a) on
Mondays to Thursdays, inclusive between the hours of 7:00am and 4:30pm.
(b) on
Fridays, between the hours of 7.00 am and 9.00 pm.
(c) Saturday
and Sunday 8:00am and 2:30pm.
The operation hours permitted on Fridays shall revert to between the hours of 7.00 am and 4.30 pm after 12
months from the date of this consent if a modification to amend this
condition is not approved prior to the end of this 12 month period.
REASON: To ensure development does not reduce the amenity of the area.
To permit a trial period and consideration of the impacts of the later
trading hours for the new and intensified use. Section 79C(1)(b) and (e) of
the Environmental Planning and Assessment Act 1979, as amended.
38. The
building must not be used as a dwelling or domicile without Council’s
consent.
REASON:
Development consent is for a non-habitable building. Section 79C(1)(a)(c) of
the Environmental Planning and Assessment Act 1979, as amended.
39. The
installation and operation of all cooling towers and warm water systems are
to comply with the Public Health Act 2010, Public Health Regulation 2012 and
AS 3666. The applicant is required to register with Council’s
Environment and Community Services Directorate all water cooled cooling towers
and/or warm water mixing systems which are installed on the land.
REASON:
To comply with the Public Health Act 2010, Public Health Regulation 2012 and
Australian Standard 3666.1 2011. Section 79C (1) (e) of the Environmental
Planning and Assessment Act 1979, as amended.
40. Should
asbestos material be found, it is to be handled, transported and disposed of
in accordance with the legislative requirements and standards determined by
NSW WorkCover. All weighbridge receipts must be provided to Wagga Wagga City
Council, within 14 days of the completion of the demolition/removal.
NOTE 1: All asbestos material needs to be double wrapped
in 200μm thick plastic and disposed of at an EPA licensed facility. In
this regard it should be noted that Wagga Wagga City Council's Gregadoo Waste
Facility is the only EPA licensed facility within the Local Government Area
to accept asbestos material. Council's Waste Management Supervisor requires
24 hours notice prior to disposal of this material
NOTE 2: Demolition works involving the removal and
disposal of asbestos cement must only be undertaken by contractors who hold a
current WorkCover ― Demolition Licence and a current WorkCover ―
Class 2 (Restricted) Asbestos Licence.
NOTE 3: Competent Person (as defined under Safe Removal
of Asbestos 2nd Edition [NOHSC: 2002 (2005)] means a person possessing
adequate qualifications, such as suitable training and sufficient knowledge,
experience and skill, for the safe performance of the specific work.
NOTE 4: A licence may be required for some of the tasks
described in the document entitled Safe Removal of Asbestos 2nd Edition as
requiring a competent person.
REASON: To
minimize the risk to human and environmental health, Contaminated Land
Management Act 1997 No 140 and Section 79C(1)(e) of the Environmental
Planning and Assessment Act 1979, as amended.
41. The
use of Café shall be limited to Lot 16 DP 1347 (82 Thorne St) and the
approved Use of Public Footpath License Agreement areas only. This consent
does not give approval for delivery of food and drinks to customers located
within Collins Park. Food for this purpose must be take-away only.
Chairs/tables/picnic rugs shall only be rented to customers for use within
Collins Park by the Café or owners of Lot 16 DP 1347 (82 Thorne St)
during trading hours and not be stored in Collins Park at other times.
REASON: To ensure the use is carried out in the zone it is permitted
within and to ensure the development has a positive impact on the streetscape
and the character of the conservation area and local heritage items. Section
79C (1)(b) of the Environmental Planning and Assessment Act 1979, as
amended.
42. The
owner must submit to Council an Annual Fire Safety Statement, each 12 months
after the final Safety Certificate is issued. The certificate must be on, or
to the effect of, Council’s Fire Safety Statement (copy attached).
REASON:
It is in the public interest that the development provides an Annual Fire
Safety Statement. Section 79C (1)(e) of the Environmental Planning
and Assessment Act 1979, as amended.
43. Unless
superseded by conditions of this consent, the development consent granted to
Development Application DA14/0592.02 shall continue to be complied with in
all respects.
REASON:
It is in the public interest that the development complies with all the
conditions of the development consent. Section 79C(1)(e) of the Environmental
Planning and Assessment Act 1979, as amended.
44. Provision
shall be made for the parking of bicycles on site.
NOTE: At least 1 bicycle space must be
provided. This may be provided within an area defined under the license
agreement or within the rear enclosed yard provided it is secure and
accessible during operating hours.
REASON: To
allow for alternative means of transport to and from the development site.
Section 79C(1)(c) of the Environmental Planning and Assessment Act 1979, as
amended.
RECORD OF VOTING ON DEVELOPMENT
OR PLANNING MATTERS - SECTION 375A(3) LOCAL GOVERNMENT ACT 1993
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For the Motion
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Against the Motion
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R Kendall
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Y Braid
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A Brown
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G Conkey OAM
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P Funnell
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G Hiscock
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J McLaren
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K Pascoe
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K Poynter
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D Tout
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CARRIED
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