blue mountains local planning panel item no: 2.3 – 27 … report - 2… · commercial premises,...

BLUE MOUNTAINS LOCAL PLANNING PANEL

ITEM NO: 2.3 – 27 MAY 2019

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ITEM No. 2.3

REPORT: Development Application No. X/933/2018, for alterations to an existing commercial premises, erection of two (2) business identification signs, and fit out and use of premises as a real estate office, at No. 20 Govetts Leap Road, Blackheath

Reason for report The proposal involves partial demolition of a heritage item and is therefore considered to be sensitive development.

RECOMMENDATION That the Development Application No. X/933/2018, for alterations to an existing commercial premises, erection of two (2) business identification signs, and fit out and use of premises as a real estate office, at No. 20 Govetts Leap Road, Blackheath, be determined in accordance with Section 4.16 of the Environmental Planning and Assessment Act 1979, by the granting of a partial consent, subject to the conditions stated in Part 3 of the this report.

Reasons in support of the recommended decision

1. The subject site is zoned ‘B2 – Local Centre’ and ‘business premises’ are permissible.

2. The application has been assessed, having regard to the heads of consideration under Section 4.15 of the Environmental Planning and Assessment Act 1979, and it is considered that while entire approval of the development would potentially compromise important heritage attributes, that the granting of a partial consent would provide a development which will not have an adverse impact on the natural or the built environment including upon any heritage item.

3. The proposal provides for the use of unoccupied floor space in the Blackheath Village Centre, providing associated economic benefits.

4. The application was advertised and notified, and no submissions / objections were received.

Disclosure Disclosure of any political donation and / or gift - No

Declaration of interest Declaration of interest - No

Report author Robert Walker – Senior Town Planner

Report authoriser/s Alex Williams – Executive Principal, Planning

Kim Barrett – Manager, Development & Planning Services

PART 1 Development proposal

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 - 27 MAY 2019

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PART 2 Council assessment

PART 3 Proposed conditions of consent

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 27 MAY 2019

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PART 1: Development proposal

Applicant Boskae Environmental Planning Pty. Ltd.

Land owner Alan & Suzette Gregory

Location 20 Govetts Leap Road, Blackheath

Lot & DP Lot B DP 376803 & Lot 1 DP 120756

Date lodged 4 October 2018

Value of works $100,000

Proposal in detail The proposal seeks approval for alterations to an existing commercial premises, erection of two (2) business identification signs, fit out of the ground floor and use of premises as a real estate office.

The proposal involves the following works:

• Installation of a new front entry door with associated fixed side panels, within the existing shopfront door opening.

• Replacement of existing glass within shopfront window frame.

• Repair stencilling within existing leadlight window.

• Polishing of existing terrazzo portion of the shopfront.

• Replace missing terrazzo section upon shopfront.

• Removal of upper curved portion of the street / front awning.

• Replacement of damaged floorboards on the ground floor.

• Installation of internal partitioning on the ground floor.

• Installation of internal false walls in the front portion of the ground floor.

• Replacement of ceiling in the front and central portion of the ground floor.

• Installation of an air conditioning system including exposed ducts on the ground floor level.

• Reinstatement of internal doorway in the rear portion of the ground floor (to provide internal access from the front to the rear of the premises and to the first floor).

The two (2) proposed (business identification) signs comprise of the following:

• The replacement of panelling within an existing internally illuminated under awning sign, with dimensions of 500mm x 2.4m.

• The erection of an awning fascia sign, dimensions not provided (though estimated as being approximately 700mm x 5.3m).

The application details that the proposed real estate office will operate as


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follows:

• Provide office / workstation areas, a reception area, meeting room and associated amenities.

• Operate with up to eight (8) staff at any single time.

• Customer consultation between 8:30am and 5pm, Mondays to Saturdays, with staff only working (sporadically) until up to 8pm.

Departure or variation to a development standard

The application does not seek to vary a development standard.

Supporting documentation

The plans and documents lodged are considered sufficient to enable assessment of the application. The application is supported by:

o Design plans

o Statement of Environmental Effects

o Heritage Report

o Waste Management Plan

Documentation online Plans to scale and key documents lodged with the application can be viewed online. Go to www.bmcc.nsw.gov.au/development – Track and View applications. Search and select X/933/2018.

Reduced site and elevation plans are below.

https://www2.bmcc.nsw.gov.au/DATracking/Pages/XC.Track/SearchApplication.aspx?os=y&

http://www.bmcc.nsw.gov.au/development


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Floor plans


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Shopfront elevation


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PART 2: Council assessment 2.1 Overview and summary of issues

Location No. 20 Govetts Leap Road, Blackheath

Lot & DP Lot B DP 376803 & Lot 1 DP 120756

Zoning ‘B2 – Local Centre’, pursuant to the Blue Mountains Local Environmental Plan 2015

Characterisation of use ‘Business premises’

Permissibility The proposed development is permissible in the zone.

Type of development Local

Applicable planning provisions

o State Environmental Planning Policy No. 55 – Remediation of Land

o State Environmental Planning Policy No. 64 – Advertising and Signage

o Sydney Regional Environmental Planning Policy 20: Hawkesbury-Nepean River

o Blue Mountains Local Environmental Plan 2015

o Draft Amendment 5 to Blue Mountains Local Environmental Plan 2015

o Blue Mountains Development Control Plan 2015

Bushfire prone land The property is not mapped as bushfire prone.

Heritage significance The site is listed within Part 1 of Schedule 5 (of the Blue Mountains Local Environmental Plan 2015) as a Heritage Item. The individual listing consists of both Nos. 18 and 20 Govetts Leap Road and is identified as ‘Ashcroft’s / Irene’s Deli on Govett’ (item No. BH150). Furthermore, the site is also located in the vicinity of other Heritage Items also listed within Part 1 of Schedule 5.

The site is also subject to a planning proposal in relation to the proposed listing of the interiors of the existing Heritage Item (No. BH150).

Aboriginal significance No Aboriginal objects are recorded or Aboriginal places declared in or near the subject property.

Potentially contaminated land

The land is not listed on the Council’s potentially contaminated land register and none of the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing Land Contamination Planning Guidelines, are being or are known to have been carried out on the site.

Site description The site consists of two (2) allotments, located in the Blackheath Village Centre, on the northern side of Govetts Leap Road, through to Hydora Lane. Improvements to the site consist of a two (2) storey commercial type buildings,


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addressing Govetts Leap Road, while there is an open area accessed from Hydora Lane used for the parking of a single car in an informal manner.

Development history / background

While Council records do not include any details of Development Application being made in recent years, the previous use of the front portion of the ground floor was for a cafe.

Following the making of the subject application, an assessment was undertaken and a detailed letter issued to the Applicant on 5 December 2018, advising of issues with the application. Extensions of time were granted to the Applicant in order to provide a response and ultimately the Applicant responded to Council’s letter on 3 April 2019, which included amendments to the proposal and the provision of additional information (including a Heritage Report and a Waste Management Plan).

Consideration and assessment of the amended proposal, including the additional information, has been undertaken and given the time which has elapsed since the application was made, it is now reported to the Local Planning Panel for determination.

City wide infrastructure contribution

No contributions under the Blue Mountains Citywide Infrastructure Contribution Plan are to be levied as the proposed works are of a value of not more than $100,000.

Referrals o Sydney Water


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o Heritage Adviser

o Principal – Environmental Health & Building

o Principal – Development Monitoring Team

Notification period The application was advertised and notification from 24 October 2018 until 7 November 2018.

Number of submissions No submissions were received.

2.2 Evaluation The application has been assessed in accordance with Section 4.15 of the Environmental Planning and Assessment Act 1979. Only those provisions relevant to the proposed development have been addressed.

State Environmental Planning Policy – s4.15(1)(a)(i)

The following tables provides for an assessment against the provisions applicable State Environmental Planning Policies.

State Environmental Planning Policy No. 55 – Remediation of Land

Consideration has been given to whether the land is contaminated, as required by Clause 7 of State Environmental Planning Policy No. 55.

Potentially contaminated land

The land is not listed on the Council’s potentially contaminated land register and none of the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing Land Contamination Planning Guidelines, are being or are known to have been carried out on the site.

State Environmental Planning Policy No. 64 – Advertising and Signage

The proposed signage is defined by Clause 4 of State Environmental Planning Policy No. 64, as ‘business identification signage’. Accordingly, pursuant to Clause 8, the assessment criteria specified in Schedule 1 must be satisfied.

Concern is raised in relation to the proposed signage in terms of its, incompatibility with existing approved signage and the character of the area, scale, proportion and form, failure to contribute to the overall streetscape and setting, and incompatibility with characteristics of the building. Consequently, it is considered the proposal is inconsistent with the provisions of State Environmental Planning Policy No. 64 and it is recommended that Development Consent not be granted for this aspect of the proposal.

Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River

Standard Discussion Compliance

Part 3 – Development controls

The proposal does not conflict with general planning considerations and the specific planning policies and related recommended strategies which are applicable to the proposed development, including water quality, water

Yes


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Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River

Standard Discussion Compliance quantity and urban development.

Blue Mountains Local Environmental Plan 2015 – s4.15(1)(a)(i)

The proposed development has been assessed against the provisions of the Blue Mountains Local Environmental Plan 2015, with significant points identified and discussed below.

Part 2 Permitted or prohibited development

Clause Standard Discussion Compliance

2.3 Land Use Table

The subject site is zoned ‘B2 – Local Centre’ (pursuant to the Blue Mountains Local Environmental Plan 2015).

The proposed use is categorised as a ‘business premises’, which is a type of ‘commercial premises’, which is permissible in the ‘B2 – Local Centre’ zone.

Yes

2.3 Zone objectives

The objectives of the zone are as follows:

• To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area.

• To encourage employment opportunities in accessible locations.

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

• To promote the unique character of each of the towns and villages of the Blue Mountains.

• To maintain the economic viability of the towns and villages of the Blue Mountains.

• To promote high quality urban design of built forms.

It is considered that the proposal, subject to the inclusion of the recommended conditions, is consistent with these objectives, where relevant.

Yes

Part 5 Miscellaneous provisions


5.10 (4)

Heritage conservation

The site is listed within Part 1 of Schedule 5 (of the Blue Mountains Local Environmental Plan 2015) as a Heritage Item. The listing is identified as ‘Ashcroft’s / Irene’s Deli on Govett’, which consists of two (2) shops located on both No. 20 Govetts

Yes. Subject to the inclusion of the recommended


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Clause Standard Discussion Compliance Leap Road (the subject site) and the adjoining property No. 18 Govetts Leap Road (item No. BH150). Furthermore, the site is also located in the vicinity of other Heritage Items also listed within Part 1 of Schedule 5.

The consent authority must, before granting consent in respect to a heritage item, consider the effect of the proposed development on the heritage significance of the item.

The following details an assessment of the various parts / aspects of the proposed works:

Installation of a new front entry door with associated fixed side panels, within the existing shopfront door opening

While the existing front entry doors (of the subject site) are not original, the adjoining shopfront at No. 18 Govetts Leap Road, appears to be original and also appears to retain its original or a relatively sympathetic looking door leaf. While it is considered that the arrangement of the proposed new door leaf and associated fixed side panels is acceptable in principle, it is considered that such should match the character of the door leaf of the adjoining shopfront. Accordingly, it is recommended that this be provided by altering the configuration of such to match the door leaf design at No. 18 Govetts Leap Road. A condition has been included within the recommended requiring associated design changes.

Replacement of existing glass within shopfront window frame

No concern is raised in relation to this aspect subject to the existing framing not being altered.

Repair stencilling within existing leadlight window

The associated repair works are in relation to stencilling which has previously been applied to small glass elements. No concern is raised in relation to this aspect subject to the existing associated glass elements not being altered.

Polishing of existing terrazzo portion of the shopfront

No concern is raised in relation to this aspect.

Replace missing terrazzo section upon shopfront

It is understood that this aspect related to the far eastern edge of the front facade and that the notation on the elevation plan is incorrect. While no concern is raised in relation to this aspect, conditions have been included within the recommendation requiring the provision of an updated elevation plan and that material specifications / details of the terrazzo be provided.

Removal of upper curved portion of the street / front awning

This element has not been addressed in the accompanying

conditions.


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Clause Standard Discussion Compliance Heritage Report and it is unclear whether the upper curved portion of the awning is an original detail or a later modification. No research or historical photographs have been provided to support this aspect of the proposal. It is considered that such would alter the visual balance of the overall facade (of the 2 shops at both Nos. 18 and 20 Govetts Leap Road). Accordingly, it is recommended that Development Consent not be granted for this aspect.

Erection of an awning fascia (business identification) sign

This element has not been addressed in the accompanying Heritage Report. Given the scale and form of this proposed sign it is considered that such would inappropriately dominate the street elevation and potentially set a precedent for others to follow. Accordingly, it is recommended that Development Consent not be granted for this aspect.

Replacement of an existing illuminated under awning (business identification) sign

Council records do not indicate any approval being issued in relation to the existing illuminated under awning sign. The proposed illuminated signage is not original or typical of the Inter-war period and no associated supporting information has been provided in this regard. Accordingly, it is recommended that Development Consent not be granted for this aspect

Replacement of damaged floorboards on the ground floor


Installation of internal partitioning on the ground floor

Such is limited to part height walls (2.3m high) and no concern is raised in relation to this aspect.

Installation of internal false walls (dado panelling) in the front portion of the ground floor

It is considered that while this aspect is acceptable in principle, clarification needs to be provided in relation to the height of such (particularly in relation to an adjacent window opening), materials and finishes. Furthermore, it is considered that existing wall skirting and joinery need should not be affected. Accordingly, conditions have been included within the recommendation requiring the provision of associated details, and that existing wall skirtings and joinery are completely retained.

Replacement of ceiling within the front and central portions of the ground floor

The existing ceiling in the front portion of the ground floor appears


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Clause Standard Discussion Compliance to be a typical early twentieth century, sheeted and battened ceiling with perimeter cornice. It is unclear if alternate options have been explored in this regard, and the provision of new plasterboard ceiling with new cover battens matching the existing ceiling, along with replacement replica cornicing, is not supported. Accordingly, it is recommended that the ceiling be retained and that Development Consent not be granted for this aspect.

Installation of an air conditioning system to the ground floor including exposed ducts

This aspect appears involve the installation of a suspended air conditioning duct below the ceiling. It is considered that clarification and further details need to be provided in relation to this aspect. Accordingly, a condition has been included within the recommendation requiring the provision of details of the proposed system (including in relation to manufacturer details, a cross section, sizing of ductwork, fixing method, layout, location of air intake and return).

Reinstate internal doorway in the rear portion of the ground floor


Furthermore, it is noted that the Applicant has indicated that no works will be required to undertaken to the door threshold of the front entry door in order to satisfy the Disability Discrimination Act 1992. Accordingly, given the absence of any analysis of the attributes of the door threshold, conditions have been included within the recommendation confirming that no works to such are to be undertaken.

Additionally, it is noted that the colour scheme of the door timber edging is unclear. Accordingly, a condition has been included within the recommendation requiring the provision of associated details.

5.10 (8)

Aboriginal places of heritage significance

A search of the AHIMS register on the OEH website shows no aboriginal sites or places are identified on or within 50m of the land.

Yes

Part 6 Additional local provisions


Impact on built environment

6.19 Design excellence

It is considered that, subject to the recommended conditions, the proposal, does not compromise the external appearance of the existing building, is suitable for the site and does not adversely

Yes


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Part 6 Additional local provisions

Clause Standard Discussion Compliance affect the heritage significance of the heritage item or the prevailing streetscape. Accordingly it is considered that, subject to the recommended conditions, that the proposal exhibits design excellence.

6.20 Active street frontages

It is considered that the proposed layout provides for an active street frontage.

Yes

6.21 Sustainable resource management

It is considered that the proposal achieves ecologically sustainable development practices where possible.

Yes

6.23 Essential Services

All relevant services are available to the site. Yes

Part 7 Additional local clauses – development in villages


7.1 & 7.2

Development in villages – Blackheath Precinct

The site is identified on the Built Character Map as being within the ‘Blackheath Precinct B2-BH01’.

The objectives for land within this precinct are:

• to maintain and enhance the distinctive pattern of continuous retail terraces and shop front houses that are interspersed by landmark buildings,

• to maximise the diversity of retail and other business-related services provided to both the local community and visitors,

• to accommodate permanent residents in shop top housing that promotes housing choice, incorporates high levels of residential amenity and encourages passive surveillance of streets and other public places,

• to encourage increases in floor space that are consistent with the appearance and function of the town centre, with public access provided only via streets, laneways or car park frontages, rather than indoor arcades,

• to encourage building forms and designs that are consistent or compatible with the scale and architectural character of existing buildings constructed during the early 20th century,

• to maintain the established village character and modest scale of existing development,

• to control building heights in order to protect the character of existing heritage-listed buildings and to follow the line of hillside topography.

It is considered that, subject to the recommended conditions, the

Yes


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Part 7 Additional local clauses – development in villages

Clause Standard Discussion Compliance proposal is consistent with these objectives, where relevant.

2.2 Proposed planning instruments

Proposed planning instruments – s4.15(1)(a)(ii)

The following draft planning proposals apply to the site.

Draft Amendment 5 to Blue Mountains Local Environmental Plan 2015

The subject planning proposal relates to a Heritage Review. The relevance of such to the subject site is in relation to the proposed listing of the interiors of the existing Heritage Item (identified as ‘Ashcroft’s / Irene’s Deli on Govett’, item No. BH150).

Matters in relation to the proposed works to the interior have been addressed earlier in this report (pursuant to the Blue Mountains Local Environmental Plan 2015).

2.3 Development control plans

Blue Mountains Development Control Plan 2015 – s4.15(1)(a)(iii)

The proposed development has been assessed against the provisions of the Blue Mountains Development Control Plan 2015, with significant points of consideration identified and discussed in the table below.

Part B Context, site analysis and design


B1 Site and context analysis

The accompanying plans provide sufficient site analysis information.

Yes

B2 Building envelope The proposal does not alter the existing building height, floor space, setbacks or site coverage.

NA

B3.1.3 Infill shopfront buildings

Shopfront buildings that are listed as heritage items are dealt with pursuant to (the heritage provisions of) Part D1.

NA

Part D Heritage management


D1 Heritage It is considered that, subject to the inclusion of the recommended conditions, that the proposal will not adversely affect the heritage significance of the subject heritage item or any other heritage item within the vicinity of the site.

Yes


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Part E Site development and management


E1 Services All relevant services are available to the site. Yes

E2.2.2 (C1)

Vehicle Parking Rates

It is noted that ‘business premises’ are required to provide one (1) space per 40m2 of gross floor area, which is less than that required for ‘restaurants or cafes’ (the previous use of the front portion of the ground floor) which are required to provide 15 spaces per 100m2 of gross floor area.

While on-site car parking is limited to an informal single space at the rear of the site, given the aforementioned parking rates and that the proposal does not involve any increase or change to the existing floor area of the premises, it is considered that the proposal represents a decreased parking demand.

Yes

E4 Site management

Conditions have been included within the recommended conditions to provide for compliance with the relevant requirements.

Yes

E5 Safety and security

The proposal provides for increased passive surveillance in and around the site, by providing for the use of a vacant / unoccupied floor space.

Yes

E6 Waste management

A detailed Waste Management Plan has been provided. Yes

Part F Specific development types


Retail and Commercial

F2.1 (C2)

Building design and site planning

It is considered that, subject to the recommended conditions, the proposal will provide an outcome utilising design elements which will limit visual intrusion.

Yes

F2.4.1 Operational noise and odour

Given the nature of the proposal, and the existing attributes of the premises and its surrounds, it is considered that such is satisfactory from an amenity perspective.

Yes

Signage

F6.1.4 Replacement of existing signs

In relation to the proposed replacement of the existing under awning sign, it is noted that Council records do not indicate any approvals being issued in relation to such. Accordingly, consideration / assessment of this sign needs to be made on the basis of such as a new sign.

NA

F6.1.8 (C1)

Location of signs upon Heritage Items

Given the height (which is estimated as being 700mm) of the proposed awning fascia sign, in the absence of evidence accompany the application of research and investigation in relation to the awning, it is considered that such fails to demonstrate that the sign does not dominate the architectural

No. Accordingly, it is recommended that Development Consent not be granted for this


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Part F Specific development types

Clause Standard Discussion Compliance form / features of the heritage item or is proportionate to the original associated element of the building.

aspect of the proposal

F6.1.8 (C3)

Location of signs upon Heritage Items

The application has not been accompanied by any supporting information demonstrated that internal illumination of the under awning sign is an important aspect of the heritage significance of the heritage item.

No. Accordingly, it is recommended that Development Consent not be granted for this aspect of the proposal

Part G Locality management – Blackheath Town Centre Precinct


G1.1 Blackheath Precinct B2-BH01 – Town Centre Precinct

It is considered that, subject to the recommended conditions, the proposal will provide an outcome, which is cohesive and sympathetic to the existing character of the site and its surrounds, and retain and conserve original traditional Inter-war period shopfront elements / details.

Yes

2.4 Planning agreements

Planning Agreement – s4.15(1)(a)(iiia)

There are no planning agreements that apply to the proposed development or the subject site.

2.5 Regulations

Regulations – s4.15(1)(a)(iv)

Standard Discussion

Fire safety The application was referred to Council’s Principal – Development Monitoring Team (Building Fire Safety specialist) for consideration. No concern was raised, subject to the inclusion of conditions, which have been included within the recommendation.

2.6 Likely impacts

Likely impacts – s4.15(1)(b)

Likely impacts It is considered that, subject to the inclusion of the recommended conditions, that the proposal will not provide any adverse environmental, social or economic impacts.


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2.7 Site suitability

Suitability of the site for the development – s4.15(1)(c)

Site suitability It is considered that, subject to the inclusion of the recommended conditions, that the site is suitable for the proposed development.

2.8 Submissions

Submissions – s4.15(1)(d)

Notification and / or exhibition

The application was notified to adjoining owners and published in the local paper for the period, 24 October 2018 to 7 November 2018. No submissions were received.

2.9 Public interest

Public interest – s4.15(1)(e)

Public interest

No issues have arisen during the assessment that would indicate the proposed development is not in the public interest.


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PART 3 Proposed conditions of consent APPROVED DOCUMENTATION

Confirmation of relevant plans and documentation

1. To confirm and clarify the terms of consent, the development shall be carried out in accordance with the following plans and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent:

Drawing No. / Plan Prepared by: Revision Dated

ID3 Glenice Ware Interior Design E 29 March 2019

ID3.1 Glenice Ware Interior Design E 29 March 2019



Waste Management Plan BOSKAE Environmental Planning - March 2019

Confirmation of approved development

2. The approved development the subject of this consent is limited to:

• Installation of a new front entry door with associated fixed side panels, within the existing shopfront door opening.

• Replacement of existing glass within shopfront window frame.

• Repair stencilling within an existing leadlight window.

• Polishing of existing terrazzo portion of the shopfront.

• Replace missing terrazzo section upon (eastern edge of) shopfront.

• Replacement of damaged floorboards on the ground floor.

• Installation of internal false walls (dado panelling) in the front portion of the ground floor.

• Installation of an air conditioning system to the ground floor.

• Reinstatement of an internal doorway in the rear portion of the ground floor.

This consent does not approve:

• Any alteration to existing lead or stained glass elements.

• Any alteration to the street / front awning.

• Any alteration to the threshold of the front entry door.

• Any signage (including business identification type signage).

• Any external lighting.

• Any works to or removal of existing wall skirting or joinery.


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• The demolition and replacement (or any works to) of the ground floor ceiling.

• Any window display structures.

• Any works to the first floor level.

GENERAL CONDITIONS

Construction certificate 3. A construction certificate is required prior to the commencement of any building works. This certificate can be issued either by Council as a certifying authority or by an accredited certifier.

Occupation certificate 4. The premises must not be used or occupied prior to the issue of any occupation certificate in accordance with Sections 6.9 and 6.10 of the Environmental Planning and Assessment Act 1979.

Entry Door Threshold 5. This consent does not provide for any alteration to the threshold of the front entry door. Should any works to such be sought / required, it is noted that such would be considered to be a modification to this Development Consent.

Signage 6. This consent does not provide for the erection of any signage. Separate Development Consent is required for any signage.

PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE

Final design plans and associated details

7. Prior to the issue of a Construction Certificate, amended design plans and associated details, are to be submitted to Blue Mountains City Council and approved by Council’s Executive Principal Planner, incorporating the following:

a) A revised door leaf and associated sidelights design for the front entry, which matches the door leaf of the adjoining shopfront at No. 18 Govetts Leap Road. The joinery is to include, solid lower panelling aligning with the height of the adjacent terrazzo panels with matching glazed highlights at the top of the framing matching that at No. 18 Govetts Leap Road, a door width matching that at No. 18 Govetts Leap Road and a letter box opening.

b) Altered plan notation indicating that the missing terrazzo works relates to the eastern edge of the shopfront. Details confirming that the terrazzo section is to match the existing terrazzo upon the shopfront (including in relation to colour, aggregate and


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finish).

c) Deleted reference to works or alterations to the street / front awning.

d) Deleted reference to signage (including business identification type signage).

e) The height of the internal false walls (dado panelling) are not to exceed that of the window sill at the rear of the front portion of the ground floor. Furthermore in this regard, existing wall skirting and joinery is not to be affected. Details including the height of (including in relation to an adjacent window opening), materials and finishes, of the internal false walls (dado panelling) are to be provided.

f) Deleted reference to the replacement of the ground floor ceiling.

g) Details of the proposed air conditioning system, including manufacturer details, a cross section, sizing of ductwork, fixing method, layout, and location of air intake and return.

h) Details of the colour scheme of the door leaf and sidelight timber edging.

Fire safety upgrade 8. In accordance with the requirements of the Clause 94 of the Environmental Planning and Assessment Regulation 2000, the following fire safety upgrade works are to be carried out:

The plans accompanying the application for a construction certificate must demonstrate compliance with the following:

a) The enclosure beneath the stair is to be permanently sealed off and not used for any other purpose, or, alternatively it is to be fire separated to achieve a 60/60/60 fire resistance level. If the area is to be fire separated, the door to the enclosure is to be a self-closing, tight fitting -/60/30 fire door on a 60/60/60 fire rated frame.

b) Portable Fire Extinguishers shall be provided within the premises in accordance with Clause E1.6 of the Building Code of Australia 2016 and AS 2444-2001

The fire safety upgrade works are to be completed prior to the issue of an occupation certificate

Construction Management Plan

9. A Construction Management Plan is to be submitted to and approved by the Principal Certifying Authority, prior to the issue of a Construction Certificate.

Registration of Plan of Consolidation

10. Prior to the issue of a Construction Certificate, a copy of the plan of consolidation, registered by Land and Property Information shall be


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submitted to the Principal Certifying Authority, which consolidates the allotments which are the subject of this Development Consent into one (1) allotment.

PRIOR TO THE COMMENCEMENT OF ANY WORKS

Sydney Water building plan approval

11. Approval must be obtained from Sydney Water Tap inTM to ensure that the approved development will not impact Sydney Water infrastructure.

A copy of the building plan approval receipt from Sydney Water Tap inTM must be submitted to the Principal Certifying Authority, prior to works commencing.

Please refer to the web site www.sydneywater.com.au - Plumbing, building & developing - Sydney Water Tap inTM, or telephone 13 20 92.

Roads Act 1993 12. If any work is proposed in Council's road reserve (including occupation of the footpath), a separate Roads Act application is to be made to Council using the form available on Council’s website. Clear details of the proposed works are to be provided with the application, and no works in the road reserve are to commence until approval is received.

Fees will be payable, and all works in Council's road are to be at no cost to Council.

Signage 13. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected in a prominent position on the site prior to building, subdivision or demolition works commencing:

• The name, address and telephone number of the principal certifying authority for the work.

• The name of the principal contractor for any building work and a telephone number on which that person may be contracted outside working hours, and

• The statement that “Unauthorised entry to the site is prohibited”.

Workers amenities 14. Before work starts, toilet facilities must be provided for construction personnel on the site. Amenities are to be installed and operated in an environmentally responsible and sanitary manner.

Pre-planning and work method statements

15. Prior to the commencement of any building works, pre-planning and work method statements, which include measures to avoid accidental damage to the fabric of the building, are to be provided to the Principal Certifying Authority.

http://www.sydneywater.com.au/


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DEVELOPMENT REQUIREMENTS DURING CONSTRUCTION / WORKS

Building Code of Australia

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

Site management 17. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction period:

• Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays.

• All building operations are to be undertaken on the site, with pollutants contained on site.

• All waste must be contained and removed to an approved Waste Disposal Depot.

Asbestos and other hazardous materials

18. If any asbestos or other hazardous material is discovered during site or demolition works, compliance with the following is required:

Work Health and Safety Act 2011

Work Health and Safety Regulation 2017

AS 2601 – The demolition of structures

SafeWork NSW

Protection of the Environment Operations (Waste) Regulation 2014

Any asbestos or other hazardous material is to be disposed of to an approved waste management facility licensed to receive the waste. Evidence of disposal shall be provided upon reasonable request.

Removal of material 19. All demolished or excess material is to be disposed of to an approved Waste Management Facility.

PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE

Final fire safety certificate 20. The essential fire safety measures referred to in the fire safety schedule issued with the Construction Certificate, excluding any existing measures, are to be installed within the building.

A final fire safety certificate is to be furnished by the owner of the building to the Principal Certifying Authority (PCA) prior to the issue of any occupation certificate, in respect of all essential fire safety measures specified in the above schedule.


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The certificate should state that each specified essential fire safety measure has been assessed by a properly qualified person (chosen by the owner), and was found to be capable of performing to a standard not less than that specified in the schedule.

A copy of the certificate (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire & Rescue NSW by email at [email protected]. A further copy is to be prominently displayed in the building.

A person who carries out the assessment must inspect and verify the performance of each specified fire safety measure and must test the operation of each new item of equipment installed in accordance with the schedule.

ONGOING USE

Use of premises 21. The use of the premises shall comply with the following:

a. The overall premises is to be used as a single occupancy.

b. The use of the premises is to be limited to an office for a real estate agency.

c. A maximum of eight (8) staff at any single time.

d. The use of the premises is to be limited to between 8:30am and 8pm, Mondays to Saturdays.

e. The operation of the premises shall be conducted so as to avoid unreasonable noise and cause no interference to adjoining or nearby residences.

f. Any activity carried out shall not give rise to air pollution (including odour), offensive noise or pollution of land and / or water as defined by the Protection of the Environment Operations Act 1997.

g. If an intruder alarm is installed on the premises it shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997.

h. All waste generated on the site is to be stored, handled and disposed of in such a manner as to not create air pollution (including odour), offensive noise or pollution of land and / or water as defined by the Protection of the Environment Operations Act 1997.

i. The premises shall be maintained in a clean and tidy state at all times. In this regard, cleaning shall be carried out as required to ensure that the premises is maintained in an environmentally satisfactory manner.

j. In accordance with the environmental maintenance objectives of

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'Crime Prevention Through Environmental Design', any graffiti which appears on the building, shall be removed as soon as possible.

Car Parking 22. The rear of the site is to be made available at all times for the parking of a car in relation to the use of the premises.

Waste Management 23. a) The approved Waste Management Plan is to be complied with at all times.

b) Garbage and recycling (including associated bins), shall be stored wholly upon the premises at all times.

c) A contract is to be held at all times with a licensed garbage and / or recycling contractor, for the collection of both rubbish and recycling.

Noise / Acoustics 24. Upon receipt of a justified complaint in relation to noise pollution emanating from the premises, an acoustical assessment is to be carried out in accordance with the requirements of the NSW Environment Protection Authority - NSW Noise Policy for Industry and provide recommendations to mitigate the emission of offensive noise from the premises. The report shall be prepared by an appropriately qualified acoustic consultant that is a member of the Association of Australian Acoustic Consultants or membership of the Australian Acoustical Society (MAAS) and shall be submitted to Council for consideration.

Annual fire safety statement

25. Each year, within 12 months of the previous statement or after a certificate of installation has been issued for the building (whichever is applicable), the owner of the building must submit to Council an annual fire safety statement that must demonstrate that each essential fire safety measure in the building is being maintained.

A copy of the statement (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire & Rescue NSW by email at [email protected]. A further copy is to be prominently displayed in the building.

ADVISORY NOTE(S)

Access and mobility A Nothing is this condition alters any obligations imposed under the Disability Discrimination Act 1992.

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blue mountains local planning panel item no: 2.3 – 27 … report - 2… · commercial premises,...

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