Agenda of Planning and Development Committee

Planning and Development Committee 1 November 2016

2.1 Items Approved Under the Delegated Authority of Council

TRIM REFERENCE: 2016/2383

AUTHOR: Paul Johnston, Planning Team Leader

EXECUTIVE Summary

Following is a list of development applications approved under the delegated authority of Council.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.

Financial Implications

Council has been advised that as a council included in the NSW Government’s merger proposals under consideration by the Office of Local Government since referral on 6 January 2016, Council must comply with the merger proposal period guidelines issued under S23A of the Local Government Act 1993. The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Any expenditure outside the adopted budget requires the identification of clear and compelling grounds and must be approved by Council at a meeting that is open to the public. The guidelines indicate the resolution of Council for increased expenditure must specify the reasons why the expenditure is required and warranted.

If increased expenditure is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, Council is required to exhibit the increase to the budget and consider comments received.

Council must also avoid entering into contracts or undertakings where expenditure or revenue is greater than $250,000 or 1% of the Council’s revenue from rates in the preceding year, whichever is the greater, unless the contract or undertaking is as a result of a decision or procurement process commenced prior to the merger proposal period or where entering into a contract or undertaking is reasonably necessary for the purposes of meeting the ongoing service delivery commitments of the Council or was previously approved in the Council’s Delivery/Operational Plan.

Policy and Governance Implications

Nil

Recommendation

That the information provided in the report by the Acting Manager Development Assessments on Items Approved Under the Delegated Authority of Council be acknowledged.

further considerations

Consideration has been given to the recommendation’s impact on Council’s service delivery; image and reputation; political; environmental; health and safety; employees; stakeholders and project management; and no further implications or risks have been identified.

SUPPORTING INFORMATION

Reference:	DA 501/2007(9)	Determination Date	4 October 2016
PR Number	PR20497
Applicant/s:	Coastplan Consulting
Owner/s:	Oak Tree Retirement Villages West Orange Pty Ltd
Location:	Lots 1000 and 1001 DP 1084264 - 109 Ploughmans Lane and 127 Bowman Avenue, Orange
Proposal:	Modification of development consent - housing for Seniors or People With a Disability (including a community centre and a bowling green). The modification involves correcting an error in the previous modification application to include Type A Triplex, Type C Triplex, Type D Quadplex, and Type Ea Quadplex on the list of approved drawings on the amended Notice of Approval and stamped approved plans
Value:	$12,000,000 (being the same value as the original development)

Reference:	DA 370/2015(2)	Determination Date	6 October 2016
PR Number	PR11977
Applicant/s:	Mr RJ and Mrs PS Mages
Owner/s:	Mr RJ and Mrs PS Mages
Location:	Lot 1 DP 630700 – 82 Thompson Road, Orange
Proposal:	Modification of development consent – dwelling house. The modification involves erecting a dwelling with a different footprint and design than the dwelling originally approved; and installing aboveground rainwater tanks instead of below ground tanks as originally approved.
Value:	$553,000 (being $63,000 more than the original application)

Reference:	DA 426/2015(2)	Determination Date	10 October 2016
PR Number	PR4274
Applicant/s:	Bassmann Drafting Services
Owner/s:	Mr JS Pegum and Ms R Gradon
Location:	Lots 3 and 4 Sec 5 DP 6662 – 106 and 106A Franklin Road, Orange
Proposal:	Modification of development consent – demolition(part dwelling and sheds), dwelling alterations and additions, swimming pool with associated deck and fencing, and secondary dwelling. The modification involves altering the approved external finishes and openings for the secondary dwelling.
Value:	$550,000 (being the same value as the original development)

Reference:	DA 444/2015(2)	Determination Date	10 October 2016
PR Number	PR17606
Applicant/s:	Department of Education
Owner/s:	Orange East Public School
Location:	Lot 1 DP 797703 – 46-56 Nile Street, Orange
Proposal:	Modification of development consent – school (disabled access). The modification involves deleting the condition which required the attachment of corten steel plate to the outer face of the ramp and stairs due to safety concerns (hard and sharp corners and edges).
Value:	Not applicable

Reference:	DA 81/2016(1)	Determination Date	14 October 2016
PR Number	PR12749
Applicant/s:	Phillip Shaw Wines (Rathla Pty Ltd)
Owner/s:	Rathla Pty Ltd
Location:	Lot 2 DP 558405 – 100 Shiralee Road, Orange
Proposal:	Agricultural produce industry, cellar door premises and education facility
Value:	$600,000

Reference:	DA 203/2016(1)	Determination Date	7 October 2016
PR Number	PR26576
Applicant/s:	Rawson Homes
Owner/s:	Fenlor Group Pty Limited & Charms Developments Pty Ltd
Location:	Approved Lot 105 in the subdivision of Lot 41 DP 1195966 – 33 William Maker Drive, Orange
Proposal:	Exhibition home and business identification sign
Value:	$450,000

Reference:	DA 213/2016(1)	Determination Date	27 September 2016
PR Number	PR22639
Applicant/s:	Electrolux Home Products Pty Limited
Owner/s:	Electrolux Home Products Pty Limited
Location:	Lot 501 DP 1122616 – 46-60 Edward Street, Orange
Proposal:	General industry (environmental test chambers)
Value:	$70,000

Reference:	DA 215/2016(1)	Determination Date	13 October 2016
PR Number	PR3851
Applicant/s:	Ranbuild Orange
Owner/s:	Mr CI Mitchell and Ms HM Fardell
Location:	Lot 2 DP 14246 - 45 Endsleigh Avenue, Orange
Proposal:	Dwelling alterations and additions (garage)
Value:	$14,675

Reference:	DA 237/2016(1)	Determination Date	7 October 2016
PR Number	PR19439
Applicant/s:	Bassmann Drafting Services
Owner/s:	Mr JH and Mrs MJ Trindade, and Phillip and Paul Ralston Holdings Pty Ltd
Location:	Lots 110 and 111 DP 1067744 – 4 and 6 Ralston Drive, Orange
Proposal:	Vehicle repair station and retaining walls
Value:	$950,000

Reference:	DA 269/2016(1)	Determination Date	19 October 2016
PR Number	PR27392
Applicant/s:	Dinkum Homes
Owner/s:	Dinkum Exporting and Importing Pty Limited
Location:	Lot 1 DP 1220904 – 2 Lily Place, Orange
Proposal:	Dual occupancy and subdivision (two lot residential)
Value:	$360,000

Reference:	DA 274/2016(1)	Determination Date	17 October 2016
PR Number	PR11504
Applicant/s:	Mr D Brown
Owner/s:	Mr DM and Mrs E Restagno, and Mr G and Mrs SM Prestia
Location:	Lot A DP 414448 – 195 Summer Street, Orange
Proposal:	Business premises (minor alterations) and business identification signs
Value:	$500,000

Reference:	DA 276/2016(1)	Determination Date	12 October 2016
PR Number	PR27430
Applicant/s:	Kensington Homes NSW Pty Ltd
Owner/s:	Trustees of the Roman Catholic Church for the Diocese of Bathurst
Location:	Lot 21 DP 1221604 - 150 Diamond Drive, Orange
Proposal:	Exhibition home and business identification sign (freestanding sign)
Value:	$450,000

Reference:	DA 281/2016(1)	Determination Date	17 October 2016
PR Number	PR27028
Applicant/s:	Bell River Homes Pty Ltd
Owner/s:	Mr HJ Sandeman
Location:	Lot 146 DP 1207987 – 2 Trainor Court, Orange
Proposal:	Exhibition home and business identification signage
Value:	$219,800

Reference:	DA 295/2016(1)	Determination Date	7 October 2016
PR Number	PR6318
Applicant/s:	L Con Building and Construction
Owner/s:	United Protestant Association of NSW Limited
Location:	Lot 401 DP 600872 – 37 Kooronga Avenue, Orange
Proposal:	Seniors housing (carport)
Value:	$30,000

Reference:	DA 298/2016(1)	Determination Date	6 October 2016
PR Number	PR13574
Applicant/s:	Orange Regional Vignerons Association
Owner/s:	Nessdee Super Pty Limited
Location:	Lot 1 DP 590167 – 4968 Mitchell Highway, Orange
Proposal:	Temporary Use of Land (function)
Value:	$0

Reference:	DA 308/2016(1)	Determination Date	13 October 2016
PR Number	PR2092
Applicant/s:	Ms K McDiarmid
Owner/s:	Kezz Brett Pty Limited
Location:	Lot 1 DP 799874 – 102 Byng Street, Orange
Proposal:	Business premises (change of use to beauty salon and internal alterations)
Value:	$20,000

Reference:	DA 322/2016(1)	Determination Date	20 October 2016
PR Number	PR6256
Applicant/s:	Mr CC Warren
Owner/s:	Mrs A Warren
Location:	Lot 1 DP 799697 – 52 Kite Street, Orange
Proposal:	Demolition (tree removal)
Value:	$0

Reference:	DA 334/2016(1)	Determination Date	17 October 2016
PR Number	PR17480
Applicant/s:	Mr P Melchiorsen
Owner/s:	Perpetual Limited
Location:	Lot 87 DP 1005548 – 229-237 Summer Street, Orange
Proposal:	Business premises (change of use from shop)
Value:	$50,000

Reference:	DA 347/2016(1)	Determination Date	20 October 2016
PR Number	PR15369
Applicant/s:	Rotary Club of Orange Incorporated
Owner/s:	Orange City Council
Location:	Moulder Park netball courts – Lot 12 DP 13567 – Sale Street, and Lot 1 DP 341650 – Anson Street, Orange
Proposal:	Temporary use of land (market)
Value:	$0

TOTAL NET* VALUE OF ALL DEVELOPMENTS APPROVED IN THIS PERIOD: $3,777,475

* Net value relates to the value of modifications. If modifications are the same value as the original DA, then nil is added. If there is a plus/minus difference, this difference is added or taken out.

Planning and Development Committee 1 November 2016

2.2 Development Application DA 18/2015(3) - 302-304 Summer Street

TRIM REFERENCE: 2016/2516

AUTHOR: Michael Glenn, Senior Planner

EXECUTIVE Summary

Application lodged	9 September 2016
Applicant/s	Mr N Baig
Owner/s	Ali Husain Pty Limited
Land description	Lot 12 DP 582844 - 302-304 Summer Street, Orange
Proposed land use	Food and Drink Premises
Value of proposed development	$50,000

Application has been made to modify development consent DA 18/2015(1) by modifying Condition (19) of the current consent to allow trading to 3am on Friday mornings through to Sunday mornings, inclusive.

Council has previously modified the consent to allow trading to 3am on a temporary basis. That temporary period has now lapsed and the hours of operation have reverted to a 12 midnight finishing time.

Advice has been sought and received from the Local Area Command of the Police who advise that within the trial period there were no observations of increased rowdy or criminal behaviour in the locality. However, the Police have expressed some misgivings to the granting of an unlimited consent.

Council has three options with regard to this matter:

1 Retain the hours of operation as is, that is refuse the proposed modification and retain a 12 midnight finish.

2 Grant consent for the extended hours without any further trial.

3 Grant consent for a further trial period to partially address the misgivings of the NSW Police.

The report recommends or supports Option 3 as the preferred outcome.

Link To Delivery/OPerational Plan

The recommendation in this report relates to the Delivery/Operational Plan strategy “13.4 Our Environment – Monitor and enforce regulations relating to City amenity”.

Financial Implications

The guidelines instruct Council it should expend money in accordance with the detailed budget adopted for the purposes of implementing the Delivery/Operational Plan for the 2015/16 year.

Policy and Governance Implications

Nil

Recommendation

That Council modifies development consent DA 18/2015(1) for Food and Drink Premises at Lot 12 DP 582844 - 302-304 Summer Street, Orange pursuant to the conditions of consent in the attached modified Notice of Approval to permit an additional 12 month trial of late opening hours.

further considerations

SUPPORTING INFORMATION

THE APPLICATION/PROPOSAL

Application has been made to modify development consent DA 18/2015(2) to modify condition (19) of the consent so as to again allow extended trading hours to 3am, Fridays, Saturdays and Sundays. The applicant is seeking to modify the condition so that the trial period limitation be completely removed, but has also indicated that they would be prepared to accept a further trial should that be considered appropriate.

ISSUES

It should be noted by Council that the extended hours were already given temporary approval on a 6 month trial basis, with the intent that the potential of late night misbehaviour be monitored and reported upon by the Local Area Command at the end of that period. The Police advise that in that period there have been no reports or observations of increased late night rowdy behaviour in the vicinity of the premises, although the Police are still not in favour of extended trading hours on a permanent basis.

The trial period for the extended hours (to 3am Thursdays to Sunday morning) has now expired, such that the hours now revert to the original 12 midnight finish. Condition (19) of the development consent as currently configured has the following requirements:

Without the prior approval of Council, the hours of operation of the premises shall not exceed 10.00am to 10.00pm Sunday to Wednesday inclusive and 10.00am to 12.00am Thursday to Saturday inclusive.

This consent relates to the operation of the shop itself. There is also a separate Section 68 approval (not a development application as such, but an approval granted under the Local Government Act), relating to the use of the footpath outside the premises for outdoor dining, which restricts the use of the footpath for the consumption of food to the "end of business each day". Should Council amend the development consent as requested, the hours of use for the Section 68 component will also change.

The applicant is seeking to alter Condition (19) of the development consent to:

Without the prior approval of Council, the hours of operation of the premises shall not exceed 10.00am to 10.00pm Sunday to Wednesday inclusive and 10.00am to 3.00am Thursday to Saturday inclusive.

Given the continued misgivings of the NSW Police Service to the extended trading hours (which are considered to be related to how well the business is run, and hence the quality of management of the premises), it is recommended that the proposed modification be supported on a trial basis of 12 months. Section 80A (10B) allows for consent to be temporary with respect to hours of operation.

The condition as recommended would read:

Without the prior approval of Council, the hours of operation of the premises shall not exceed 10.00am to 10.00pm Sunday to Wednesday inclusive and 10.00am to 3.00am,Thursday to Saturday for a 12 month trial period from 1 November 2016 (extending into Sunday mornings), following which the approved hours will revert to 10.00am to 10.00pm Sunday to Wednesday inclusive and 10.00am to 12.00am Thursday to Saturday inclusive, except if further modification of this condition is made pursuant to Section 96 of the Environmental Planning and Assessment Act and consented to by Council.

MATTERS FOR CONSIDERATION

Section 96(1A) of the Environmental Planning and Assessment Act 1979 (EPAA) states:

A consent authority may…modify the consent if:

(a) it is satisfied that the proposed modification is of minimal environmental impact, and

(b) it is satisfied that the development to which the consent as modified relates is substantially the same development as the development for which the consent was originally granted and before that consent as originally granted was modified (if at all), and

(c) it has notified the application in accordance with:

(i) the regulations, if the regulations so require, or

(ii) a development control plan, if the consent authority is a council that has made a development control plan under section 72 that requires the notification or advertising of applications for modification of a development consent, and

(d) it has considered any submissions made concerning the proposed modification within any period prescribed by the regulations or provided by the development control plan, as the case may be.

In relation to (a), the approved development has previously been the subject of an amendment that permitted the extension of hours to 3am on certain days. This earlier amendment was processed as a modification pursuant to Section 96(2) (other modifications). The current proposed change is identical to those earlier changes except that the trial period would be extended to 12 months. The changes now being considered have previously been shown to be of minor environmental impact by the application and diligent observance of strict operating restrictions. As there are no adverse effects arising from the extension of hours to 3am, it is considered the matter can now be dealt with as a Section 96(1A) (minor environmental impact) category of modification of consent. As such, provided the premises during these extended hours is run in accordance with the operating restrictions, there will be only minor environmental impacts arising from the proposed modification.

The principal difference between the two categories arising is that a Section 96(2) modification requires notification, whilst a Section 96(1A) does not have such a requirement.

In relation to (b), there are no prescribed standards to apply as to what constitutes "substantially the same development". In this case there is a change in the hours of operation and some change to the nature of the business after 12 midnight such that its land use classification changes from a “food and drink premises" to a "take away food and drink premises". Such changes, in terms of the substantive operation of the premises, are considered minor. It is considered that the proposed development after the implementation of the changes would remain substantially the same development.

In relation to (c) and (d), there is no statutory requirement to notify a modification in the classification of Section 96(1A). However, given that for the last amendment of consent it was deemed useful to seek the views of the NSW Police Service, this was again carried out for this proposed amendment. For the first trial the NSW police did not raise any objection to the trial extension of hours, and agreed to providing incident results within the trial period. For this further extension of the trial period, the NSW police report that:

“It is conceded by police that during the trial period over the last 6 months there has been no reported significant acts of violence occurring within the premises however Police attached to the Canobolas Local Area Command still have significant concerns to the granting of this development consent to trade past midnight”.

In effect, the police are wanting to apply a precautionary principle to the issue. There is no evidence at hand that the extended hours have in any way contributed to an increase in criminal or antisocial behaviour. However, it is reasonable to be cautious in the extension of hours past midnight, particularly for activities that might attract intoxicated people to loiter in the CBD when it would be preferable for them to go home.

Pursuant to section 96(3) of the EPAA 1979:

In determining an application for modification of a consent under this section, the consent authority must take into consideration such of the matters referred to in section 79C(1) as are of relevance to the development the subject of the application.

The relevant matters are considered below.

PROVISIONS OF ANY ENVIRONMENTAL PLANNING INSTRUMENT s79C(1)(a)(i)

Orange Local Environmental Plan 2011 (as amended)

Clause 1.2 - Aims of Plan

The broad aims of the LEP are set out under subclause 2. Those relevant to the application are as follows:

(a) to encourage development which complements and enhances the unique character of Orange as a major regional centre boasting a diverse economy and offering an attractive regional lifestyle,

(b) to provide for a range of development opportunities that contribute to the social, economic and environmental resources of Orange in a way that allows present and future generations to meet their needs by implementing the principles for ecologically sustainable development,

(f) to recognise and manage valued environmental heritage, landscape and scenic features of Orange.

The application is considered to be consistent with aims (a), (b) and (f) as listed above.

Part 2 - Permitted or Prohibited Development

Land Use Zones

The initial development was approved under the provisions of Orange LEP 2011. The subject land is zoned B3 Commercial Core. From 10am to 12 midnight the principal land use remains the same as was approved, namely a food and drink premises. From 12 midnight until 3pm, the nature of the proposed use will be changed such that it is more appropriate to describe the premises at those times as a take away food and drink premises. This does not change the dominant use of the premises as a food and drink premises.

Food and drink premises is defined under the standard instrument as:

premises that are used for the preparation and retail sale of food or drink (or both) for immediate consumption on or off the premises, and includes any of the following:

(a) a restaurant or cafe,

(b) take away food and drink premises,

(c) a pub,

(d) a small bar.

Food and Drink Premises are a type of Retail Premises - see the definition of that term in this Dictionary".

Take away food and drink premises are a subcategory of food and drink premises, with the specific definition being:

premises that are predominantly used for the preparation and retail sale of food or drink (or both) for immediate consumption away from the premises. Take away food and drink premises are a type of food and drink premises.

Food and drink premises and take away food and drink premises are permissible with consent in the zone. Because take away food and drink premises are included in the more general definition for food and drink premises, the change in use is within the original land use approval.

Objectives of the B3 Commercial Core Zone

· To provide a wide range of retail, business, office, entertainment, community and other suitable land uses that serve the needs of the local and wider community.

· To encourage appropriate employment opportunities in accessible locations.

· To maximise public transport patronage and encourage walking and cycling.

· To promote development that contributes to the role of the Orange CBD as the primary retail and business centre in the City and region.

The development is not inconsistent with the objectives of the zone.

All matters under the LEP have been previously considered in the original report. There are no aspects of the proposed modification requiring further consideration in this report.

PROVISIONS OF ANY DEVELOPMENT CONTROL PLAN s79C(1)(a)(iii)

Development Control Plan 2004

All aspects of the proposed development relating to the DCP, including its objectives for the central business district, have been previously considered under the principal assessment. The development as now proposed to be modified has no impact on that previous assessment.

PROVISIONS PRESCRIBED BY THE REGULATIONS s79C(1)(a)(iv)

The proposed development is not inconstant with any provisions prescribed by Regulation.

THE LIKELY IMPACTS OF THE DEVELOPMENT s79C(1)(b)

Social Impacts

The applicant has not submitted a social impact statement with this application. The applicant is proposing the hours of operation to be 10am to 10pm Monday to Wednesday and Sundays, and 10am to 3am Thursday to Saturday. It is the latter that has the potential to result in unacceptable social impacts within the main street, with intoxicated patrons leaving licenced venues and participating in anti-social behaviour. This has been previously alluded to in the comments of this report.

NSW Police Responses

NSW Police, through the Canobolas Local Area Command, provided comment in relation to the original development application that was opposed to the 12 midnight to 3am trading component. The first amendment of the consent revisited this issue of extended trading hours, with the NSW Police adopting an approach of no objection to the extended hours. Moreover, they do not at the present time have any data to hand to suggest that the extension of hours approved on a trial basis has had any effect in terms of increased drunken, antisocial or criminal behaviour that could reasonably be linked to the operation of this premises.

The Police advise that for the current modification as a matter of policy they are opposed to late night trading after 12 midnight; however, if Council is of a mind to permit the extended hours once again, the police recommend the imposition of operating conditions previously recommended. These conditions were imposed in the previous modification of consent and would be re-applied to the current modification.

Economic Impacts

The development has the potential to result in positive economic impacts through the potential for employment generation and provide for additional competition within the food industry within the City.

THE SUITABILITY OF THE SITE s79C(1)(c)

Council has previously determined that the site is suitable for the proposed development There are no aspects of the site to indicate that it would be unsuitable to accommodate the modified development.

ANY SUBMISSIONS MADE IN ACCORDANCE WITH THE ACT s79C(1)(d)

The proposed development is not defined as advertised development under the provisions of the LEP, and as such no formal exhibition of the application was required. The NSW Police were, however, advised of the proposed modification and have made a submission to Council, which has been considered.

PUBLIC INTEREST s79C(1)(e)

The proposed development is considered to be of minor interest to the wider public due to the relatively localised nature of potential impacts.

SUMMARY

The proposed modification is permissible with the consent of Council. The proposed development complies with the relevant aims, objectives and provisions of Orange LEP 2011 (as amended) and DCP 2004. The modification is consistent with the provisions of section 96(1A) of the Environmental Planning and Assessment Act 1979. A section 79C assessment of the proposal indicates that the development is acceptable in this instance. An amended draft Notice of Approval is attached.

COMMENTS

The requirements of the Environmental Health and Building Surveyor and the Engineering Development Section are included in the attached amended Notice of Approval.

Attachments

1 Notice of Approval, D16/50907 ⇩

2 Police Submission, D16/50669 ⇩

Planning and Development Committee 1 November 2016

2.2 Development Application DA 18/2015(3) - 302-304 Summer Street

Attachment 1 Notice of Approval

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ORANGE CITY COUNCIL

Development Application No DA 18/2015(3)

NA16/ Container PR11551

NOTICE OF DETERMINATION

OF A DEVELOPMENT APPLICATION

(AS MODIFIED)

issued under the Environmental Planning and Assessment Act 1979

Section 81(1)

Development Application
Applicant Name:	Mr N Baig
Applicant Address:	303 Summer Street ORANGE NSW 2800
Owner’s Name:	Mr EWK and Mrs SK Ko
Land to Be Developed:	Lot 12 DP 582844 - 302-304 Summer Street, Orange
Proposed Development:	Food and Drink Premises (fitout and internal stairs)

Building Code of Australia building classification:	Class 4 and Class 6

Determination
Made On:	1 November 2016
Determination:	CONSENT GRANTED SUBJECT TO CONDITIONS DESCRIBED BELOW:

Consent to Operate From:	4 March 2015
Consent to Lapse On:	4 March 2020

Terms of Approval

The reasons for the imposition of conditions are:

(1) To ensure compliance with relevant statutory requirements.

(2) To provide adequate public health and safety measures.

(3) To ensure a quality urban design for the development which complements the surrounding environment.

(4) To maintain neighbourhood amenity and character.

(5) To ensure the utility services are available to the site and adequate for the development.

(6) To prevent the proposed development having a detrimental effect on adjoining land uses.

(7) To minimise the impact of development on the environment.

Conditions

(1) The development must be carried out in accordance with:

(a) Plans by Saunders and Staniforth Property and Planning Consultants - dated 2.02.2015 -

(b) statements of environmental effects or other similar associated documents that form part of the approval

as amended in accordance with any conditions of this consent.

PRESCRIBED CONDITIONS

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

(3) A sign is to be erected in a prominent position on any site on which building work, subdivision work or demolition work is being carried out:

a. showing the name, address and telephone number of the principal certifying authority for the work, and

b. showing the name of the principal contractor (if any) for any building work and a telephone number on which that person may be contacted outside working hours, and

c. stating that unauthorised entry to the site is prohibited.

Any such sign is to be maintained while the building work, subdivision work or demolition work is being carried out.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

(4) A Construction Certificate application is required to be submitted to, and issued by, Council/Accredited Certifier prior to any excavation or building works being carried out on site.

(5) No exhaust/extraction ducting or the like shall be attached to, and / or be visible on the front façade of the building. Details shall be submitted for approval showing the extraction / exhaust system prior to the issue of a construction certificate.

(6) A Fire Safety Schedule specifying the fire-safety measures (both current and/or proposed) to be implemented in the building is to be submitted with the Construction Certificate application, in accordance with Part 9 Clause 168 of the Environmental Planning and Assessment Regulation 2000.

(7) Detailed plans and specification are to be provided specifying the proposed fit-out of the food preparation and storage areas in accordance with the requirements of Australian Standard 4674-2004 "Design and construction and fit-out of food premises" and Standard 3.2.3 "Food Premises and Equipment" of the Australian New Zealand Food Standards Code.

(8) Prior to the issue of a Construction Certificate, details are to be submitted to Council of how the recommendations in the Upgrading Strategy in Part 6 of the BCA Logic Fire Audit and BCA Assessment Report (Ref. 105736-r1 dated 19 November 2014) will be implemented in the building.

(9) A Liquid Trade Waste Application is to be submitted to Orange City Council prior to the issuing of a Construction (or Occupation) Certificate. The application is to be in accordance with Orange City Council’s Liquid Trade Waste Policy. Engineering plans submitted as part of the application are to show details of all proposed liquid trade waste pre-treatment systems and their connection to sewer.

Where applicable, the applicant is to enter into a Liquid Trade Waste Service Agreement with Orange City Council in accordance with the Orange City Council Liquid Trade Waste Policy.

DURING CONSTRUCTION/SITEWORKS

(10) All construction/demolition work on the site is to be carried out between the hours of 7.00 am and 6.00 pm Monday to Friday inclusive, 7.00 am to 5.00 pm Saturdays and 8.00 am to 5.00 pm on Sundays and Public Holidays. Written approval must be obtained from the General Manager of Orange City Council to vary these hours.

(11) Where Orange City Council is appointed as the Principal Certifying Authority, the following inspections will be required to be carried out by Council:

- at commencement of building work

- frame inspection

- internal sewer/sanitary drainage

- hot and cold water plumbing

- final inspection

Should any of the above mandatory inspections not be carried out by Council, an Occupation Certificate will not be issued on the complete structure.

(12) All materials onsite or being delivered to the site are to be contained within the site. The requirements of the Protection of the Environment Operations Act 1997 are to be complied with when placing/stockpiling loose material or when disposing of waste products or during any other activities likely to pollute drains or watercourses.

(13) Storage of materials including stockpiles is not permitted on the public footpath area or roadway unless a hoarding is provided and approval granted.

(14) Any adjustments to existing utility services that are made necessary by this development proceeding are to be at the full cost of the developer.

(15) The provisions and requirements of the Orange City Council Development and Subdivision Code are to be applied to this application and all work constructed within the development is to be in accordance with that Code.

The developer is to be entirely responsible for the provision of water, sewerage and drainage facilities capable of servicing all the lots from Council’s existing infrastructure. The developer is to be responsible for gaining access over adjoining land for services where necessary and easements are to be created about all water, sewer and drainage mains within and outside the lots they serve.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

(16) No person is to use or occupy the building or alteration that is the subject of this approval without the prior issuing of an Occupation Certificate.

(17) The owner of the building/s must cause the Council to be given a Final Fire Safety Certificate on completion of the building in relation to essential fire or other safety measures included in the schedule attached to this approval.

(18) All of the foregoing conditions are to be at the full cost of the developer and to the requirements and standards of the Orange City Council Development and Subdivision Code, unless specifically stated otherwise. All work required by the foregoing conditions is to be completed prior to the issuing of an Occupation Certificate, unless stated otherwise.

MATTERS FOR THE ONGOING PERFORMANCE AND OPERATION OF THE DEVELOPMENT

(19) Without the prior approval of Council, the hours of operation of the premises shall not exceed 10.00am to 10.00pm Sunday to Wednesday inclusive and 10.00am to 3.00am,Thursday to Saturday for a 12 month trial period from 1 November 2016 (extending into Sunday mornings), following which the approved hours will revert to 10.00am to 10.00pm Sunday to Wednesday inclusive and 10.00am to 12.00am Thursday to Saturday inclusive, except if further modification of this condition is made pursuant to Section 96 of the Environmental Planning and Assessment Act and consented to by Council.

(20) The following operating restrictions shall be implemented;

· CCTV cameras to be installed (the camera coverage should ensure coverage in the street as well as within the shop)

· Footpath to be kept clean for 50m in each direction

· No alcohol to be taken into the premises

· Tables and chairs to be brought into the shop from the street before 12 midnight

· No customers will enter the shop after 11pm. A portable counter is to be constructed at the shop entrance from which sales will be made to the public, who will remain in the street. No seating within the shop, or in the outdoor dining licence area is to be offered in the extended hours period.

· The operator shall become an active member of the liquor accord

(21) The premises shall not provide seating for patrons after 12 midnight. All sales shall be undertaken from a movable counter that prevents entry by patrons into the shop, and all outdoor chairs and tables shall be removed from the street before 12 midnight.

(22) No sandwich boards or the like are to be placed on Council's footpath.

(23) The owner is required to provide to Council and to the NSW Fire Commissioner an Annual Fire Safety Statement in respect of the fire-safety measures, as required by Clause 177 of the Environmental Planning and Assessment Regulation 2000.

ADVISORY NOTES

(1) All signage other than signage that is consistent with the Exempt and Complying Codes SEPP will require the consent of Council.

(2) Application under the Local Government Act and the Roads Act (through the Exempt and Complying Development Code SEPP) shall be made for the placement of any outdoor dining facilities.

(3) The rear access to the site shall not be taken to be the granting of a right of access and Council may restrict such access in the future.

Other Approvals

(1) Local Government Act 1993 approvals granted under section 68.

Water and sewer

(2) General terms of other approvals integrated as part of this consent.

(1) All plumbing and drainage (water supply, sanitary plumbing and drainage, stormwater drainage and hot water supply) is to comply with the Local Government (Water, Sewerage and Drainage) Regulation 1998, the Plumbing Code of Australia 2012 - Plumbing & Drainage and Australian Standard AS3500 - National Plumbing and Drainage Code. Such work is to be installed by a licensed plumber and is to be inspected and approved by Council prior to concealment.

(2) Hot water shall be stored at a minimum of 60^OC and be delivered to all sanitary fixtures used for personal hygiene (bathrooms/ensuites) at a temperature not exceeding 50^oC. Where tempering valves are installed, a sign is to be permanently fixed on the hot water heater adjacent to the tempering valve (clearly visible) indicating:

“A tempering valve has been installed to prevent scalding. This valve is to be renewed at intervals as recommended by the manufacturer.”

Right of Appeal

If you are dissatisfied with this decision, section 97 of Environmental Planning and Assessment Act 1979 gives you the right to appeal to the Land and Environment Court within 6 months after the date on which you receive this notice.

* Section 97 of the Environmental Planning and Assessment Act 1979 does not apply to the determination of a development application for State significant development or local designated development that has been the subject of a Commission of Inquiry.

*Disability Discrimination* Act 1992:	This application has been assessed in accordance with the Environmental Planning and Assessment Act 1979. No guarantee is given that the proposal complies with the Disability Discrimination Act 1992. The applicant/owner is responsible to ensure compliance with this and other anti-discrimination legislation. The Disability Discrimination Act covers disabilities not catered for in the minimum standards called up in the Building Code of Australia which references AS1428.1 - "Design for Access and Mobility". AS1428 Parts 2, 3 and 4 provides the most comprehensive technical guidance under the Disability Discrimination Act currently available in Australia.

Disclaimer - S88B Restrictions on the Use of Land:	The applicant should note that there could be covenants in favour of persons other than Council restricting what may be built or done upon the subject land. The applicant is advised to check the position before commencing any work.

Signed:	On behalf of the consent authority ORANGE CITY COUNCIL
Signature:
Name:	ALLAN RENIKE - MANAGER DEVELOPMENT ASSESSMENTS
Date:	2 November 2016