effects environmental statement of

STATEMENT OF ENVIRONMENTAL EFFECTSConstruction and Use of a Food and Drink Premises

Approved Lot C of Lot 2 DP1254540, Eastern Road, Bungarribee NSW 2767

PREPARED FOR TACO BELL PTY LTD | JULY 2020

20073_SEE_Bungarribee_TacoBell_July2020

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Statement of Environmental Effects

FINAL

Report Reference No.: 20073

Dated: July 2020

Environmental Assessment

Prepared by: KDC Pty Ltd | ABN 61 148 085 492 | www.kdc.com.au

Mitchell Kennedy

Town Planner

KDC Pty Ltd

Reviewed by:

Kate Young

Principal Planner

KDC Pty Ltd

Address: Suite 2, 125 Bull Street, Newcastle West NSW 2302

In respect of: QSR Pty Ltd / Restaurant Brands Australia

Application and Land Details

Applicant: Restaurant Brands Australia and QSR Pty Ltd C/ - KDC Pty Ltd

Land to be developed: Approved Lot C of Lot 2 DP1254540, Eastern Road, Bungarribee NSW 2767

Project: Construction and Use of a Food and Drink Premises

This Report has been prepared in accordance with the brief provided by our client and has relied upon the information collected at or under the times and

conditions specified in the Report. All findings, conclusions or recommendations contained within the Report are based only on the aforementioned

circumstances. Furthermore, the Report is for the use of the Client only and no responsibility will be taken for its use by o ther parties.


Contents

Executive Summary 9

1 Introduction 11

1.1 Taco Bell Australia 11

1.2 Site History 11

1.3 Consultation with Council 12

1.4 Future Vision 16

2 Site Analysis 17

2.1 Site Location and Context 17

2.2 Site Description 18

3 Proposed Development 19

3.1 Elements of proposed development 19

3.2 Operational Matters 19

3.2.1 Operational Hours and Staff 19

3.2.2 Deliveries and Servicing 19

3.2.3 Plan of Management 19

3.2.4 Waste Management 20

3.2.5 Liquor Licence 20

3.3 External Materials and Finishes 20

3.4 Signage 21

3.5 Landscaping 21

3.6 Vehicular Access, Drive-Through queueing and Parking 21

3.7 Stormwater Management 22

3.8 Construction Management 22

4 Relevant Legislation 23

4.1 Environmental Planning and Assessment Act 1979 23

4.2 Liquor Act 2007 23

4.3 State environmental planning policies (SEPP) 23

4.3.1 State Environmental Planning Policy 55 – Remediation of Land 23

4.3.2 State Environmental Planning Policy 64 – Advertisement and Signage 24

4.3.3 State Environmental Planning Policy (Infrastructure) 2007 24

4.4 State Environmental Planning Policy (Western Sydney Parklands) 2009 25

4.5 Draft Remediation of Land State Environmental Planning Policy 28

4.6 Western Sydney Parklands Plan of Management 2030 28

5 Assessment of Planning Issues 33


5.1 Compliance with Planning Instruments and Controls 33

5.2 Traffic, Access and Parking 33

5.3 Visual Impact 34

5.4 Signage 35

5.5 Noise 35

5.6 Lighting 35

5.7 Safety and Security 36

5.8 Landscaping 36

5.9 Water Management 37

5.10 Waste Management 37

5.11 Sediment and Erosion Control 37

5.12 Social and Economic Impacts 37

5.13 Public Interest 38

5.14 Building Access 38

6 Conclusion 39


Figures

Figure 1 – Graphical Representation of building (facing Eastern Road) 9

Figure 2 – Area subject to DA-18-0115 outlined in red 12

Figure 3 – Proposed amended Plan of Subdivision 12

Figure 4 – Bungarribee North Sports Precinct Master Plan Extract 16

Figure 5 – Locality Plan (Source: Six Maps) 17

Figure 6 – Site Aerial (Source: Six Maps) 18

Figure 7 – Taco Bell Graphical Representation (front of store) 20

Figure 8 – Site ingress and egress arrangement 22

Figure 9 – Flood Fringe Area Map Extract 27

Tables

Table 1 – Consultation with Blacktown Council 12

Table 2 – Matters to be Considered by the Consent Authority 26

Table 3 – Parklands Plan of Management Key Directions 29

Appendices

Appendix A – Architectural Plans 41

Appendix B – Civil Engineering 43

Appendix C – SEPP 64 Compliance Table 45

Appendix D – Flood Impact Assessment Addendum 49

Appendix E – Preliminary Site Investigation 51

Appendix F – Plan of Management 53

Appendix G – Acoustic Review 55

Appendix H – Traffic Impact Statement 57

Appendix I – Landscape Plans 59

Appendix J – Waste Management Plan 61

Appendix K – Crime Risk Assessment 63

Appendix L – Social Impact Assessment 65

Appendix M – Cost Summary Report 67

20073_SEE_Bungarribee_TacoBell_July2020 9

EXECUTIVE SUMMARY

This Statement of Environmental Effects (SEE) is submitted to Blacktown City Council (Council) in support of a Development

Application (DA) at Lot C of the 4 lot subdivision at Eastern Road, Bungarribee NSW 2767 (the site).

Specifically, the proposed development includes:

+ Construction and use of a licenced food and drink premises consisting of a 246m2 GFA building with internal

seating for 46 patrons;

+ Single lane drive- through facility;

+ Plant area and loading bay;

+ Site landscaping;

+ Car parking areas and pedestrian footpaths;

+ Signage including 8m high internally illuminated pylon sign addressing Eastern Road; and

+ Other minor works as illustrated on the proposed plans included at Appendix A.

Figure 1 shows a 3D graphical representation of the proposed Taco Bell building as viewed from Eastern Road.

Figure 1 – Graphical Representation of building (facing Eastern Road)

The proposed Taco Bell will provide a valuable service within a highly accessible and convenient location, supporting

visitors to the Western Sydney Parkland area and Blacktown International Sports Park (BISP) precinct. The proposal is

consistent with the BISP Masterplan which identifies commercial development in this specific location.


The proposal is permissible with consent within the Eastern Road Sports Precinct under the Western Sydney Parkland SEPP

2009. The proposed development will meet the objectives of the SEPP as it will contribute to the ongoing development of

the precinct as a high quality sports and recreation destination whilst delivering beneficial social and economic outcomes.

The proposal does not impact any of the local ecological links including the east and south links to Doonside Reserve and

Bungarribee.

The proposed development incorporates high-quality building presentation and signage with an integrated overall approach

to site development. The design of the development ties in with what is already approved under the parent subdivision

DA and incorporates appropriate stormwater management, respects the natural environment, and minimises potential

amenity impacts on neighbouring properties.

The social impacts of the proposal have been duly analysed noting that an on-premises licence is sought for the sale of

alcohol in conjunction with food purchases only. To this end, the SIA found that the socioeconomic effects of the proposal

are likely to be positive for the community and visitors to the BISP. Taco Bell have strict internal policies in this regard and

the Plan of Management (POM) submitted with this DA details the responsible service and handling of alcohol as well as

other operational procedures to ensure the safety of staff of patrons and to minimise any potential adverse impacts to the

surrounding neighbourhood.

In summary, this SEE has addressed the potential impacts arising from the proposal on surrounding properties including

traffic and parking, noise, visual amenity and waste and water management. Given the merit of the design and the absence

of any significant adverse environmental impacts or planning issues, the DA is considered to be in the public’s interest and

worthy of Council’s support.


1 INTRODUCTION

This Statement of Environmental Effects (SEE) is submitted to Blacktown City Council (Council) in support of a Development

Application (DA) for the construction and use of a food and drink premises at Lot C of the 4 lot subdivision (MOD-20-

00083) of Eastern Road, Bungarribee NSW 2767 (the site).

Specifically, the proposed development includes:



+ Single lane drive- through facility;


+ Site landscaping;




This SEE has been prepared by KDC Pty Ltd (KDC) on behalf of Restaurant Brands Australia and QSR Pty Ltd (QSR). It

describes the site, its environs, the proposed development and provides an assessment of the proposal in terms of the

matters for consideration under Section 4.15 (1) of the Environmental Planning and Assessment Act 1979 (EP&A Act 1979).

It should be read in conjunction with the supporting information and Architectural Plans prepared by BD Architecture

appended to this Report (Appendix A).

1.1 TACO BELL AUSTRALIA

Taco Bell, the world’s largest Mexican-Inspired food premises, aims to provide quick service with the ultimate customer

experience. Taco Bell serves more than 2 billion customers each year at over 7,000 restaurants worldwide. Our food is

the main driver of our business but the drinks offering compliments the food and the atmosphere that we are trying to

achieve. We want our guests to be able to sit down and relax with a cold beer and a full Mexican inspired meal.

Further proving to be a brand beyond the typical quick service restaurant, fans can look forward to the upcoming

restaurants having open kitchens where they can watch their meals be freshly prepared, customer-curated music playlists

so they can listen to their favourite tunes, and free WiFi for all their browsing needs.

Taco Bell will not only provide important local employment opportunities but will be provide a fun and fast food operation

which will directly support the success of the Blacktown International Sports Park and Western Sydney Parkland.

1.2 SITE HISTORY

Development Consent (DA-18-01115) was granted by Blacktown City Council on 28 March 2019 for Torrens title 1 into 3

lot subdivision, with associated earthworks and stormwater management works on adjacent lots.

An interim Subdivision Certificate has since been issued for the creation of one of the lots (Lot 1 DP 1254540). Refer to

Figure 2 for context. The two residue lots (Lot B and C) have been retained as one lot.


Figure 2 – Area subject to DA-18-0115 outlined in red

A subsequent modification to DA-18-0115 has since been approved (noted as MOD-20-00083) which increases the number

of lots from three (3) to four (4), see Figure 3.

Figure 3 – Proposed amended Plan of Subdivision

Consequently, this DA is proposed on Lot C of MOD-20-00083.

1.3 CONSULTATION WITH COUNCIL

A Pre-Application meeting was held with Council on the 5 May 2020 (PAM Number: C20/16739). Table 1 summarises the

matters raised by Council in the meeting and provides comments on each of the matters raised in the minutes.

Table 1 – Consultation with Blacktown Council

Matters Raised Comments

1. The following environmental planning instruments

(EPIs) and development control plans (DCPs) are relevant

to the site of this proposal:

State Environmental Planning Policy (Western Sydney

Parklands) 2009

State Environmental Planning Policy No. 55 – Remediation

of Land

State Environmental Planning Policy (Infrastructure) 2007

All listed EPIs have been addressed within Section 4 of this

SEE.


2. The following controls and development standards are

of particular relevance to this proposal:

Permissibility

The current proposed development is permissible under

State Environmental Planning Policy Western Sydney

Parklands Part 2 Clause 11

Heritage

Is the property listed as a heritage item/located in

proximity of a heritage item? No

Development Contributions

Are Section 7.11 Contributions applicable? No

The proposed land use (food and drink premises) has not

changed since the PAM and remains permissible under the

Western Sydney Parklands SEPP. Refer to Section 4.4 for

further details.

3. Will any NSW legislation cause the proposal to be

integrated development (under the Environmental

Planning & Assessment Act 1979)? No

The proposal remains as discussed within the PAM and as

a result does not trigger integrated development.

4. Physical Characteristics of the site

Configuration of Food and Drink retail outlet sites that do

not compromise the amenity of the locality requires careful

and skilful execution of site planning and building layout.

Site planning should:-

• Ensure the site layout and building layout respond to

the unique characterises of the site and the

surrounding context.

• Ensure development achieves adequate levels of

natural lighting and ventilation, privacy, visual

amenity and spatial separation from the

neighbouring properties.

The proposed site layout is in line with modern food and

drink retailing design and has been designed in

conjunction with the structure of the larger subdivision

development to promote privacy and visual amenity.

Appropriate natural lighting, ventilation and separation is

afforded to neighbouring properties.

Flooding

The subject site is identified as flood prone land.

The Flood Study approved as part of the larger subdivision

has been included at Appendix D with an addendum

provided for the food and drink premises proposed under

this DA.

As part of the subdivision DA, the site is to be raised to the

1% AEP flood level with compensatory cut to ensure flood

impacts are managed. FFL are proposed above FPL for the

site. As a result, the proposed development complies with

the Blacktown City Council’s freeboard and flood planning

requirements.

Bushfire

The subject site is not identified as bushfire prone land

Noted.

Contamination

State Environmental Planning Policy No. 55 – Remediation

of Land Clause 7 ‘Contamination and Remediation to be

considered in determining development applications’

applies. A stage 2 site contamination report prepared by a

suitably qualified accredited and EPA recognised

geotechnical engineer must be submitted in accordance

with SEPP 55 with the DA.

If the preliminary report recommends further testing then

further reports will be necessary and a remediation action

A PSI for the parent subdivision area has been undertaken

by Cardno and found that the site has a low to negligible

likelihood of being contaminated and as a result further

investigation is not warranted. See Appendix E for a copy

of the PSI report.


plan (RAP) prepared if it identifies any remediation work

to National Environment Protection Measure (NEPM) 2013

Guidelines, necessary to make the site suitable for the end

use

Stage 2 – detailed site investigation;

Salinity

A salinity report prepared by a suitably qualified

professional is required to be submitted with the DA.

While the site is mapped in an area of moderate salinity

risk, due to recent works on the site the presence of

salinity is considered to be low. See PSI at Appendix E.

Easements

It is the responsibility of the applicant to conduct a

Property Title Search through NSW Land and Registry

Services (LRS) for any easements affecting the property

and annotate these on the site plans. Any proposed

easements or encumbrances must be clearly indicated on

plans submitted with the DA. Where permission is required

for developments within easements, you are encouraged

to seek TransGrid’s permission prior to lodging any DA.

This will allow any issues to be resolved early. This request

is to be managed online via the AMP UP portal found at

the following link:

Noted, the easements established under the subdivision

are taken into account within this proposal.

Trees and vegetation

Trees located on the site are to be retained where

practicable in accordance with Council’s resolution in May

2018

No trees are required to be removed as part of this

proposed development. The trees along Eastern Road are

to be protected during construction works.

Landscaping

A landscape concept plan is required.

A Landscape Plan has been provided at Appendix I.

Traffic

A comprehensive traffic impact assessment report

prepared by a suitably qualified traffic professional is to be

submitted with the DA

A Traffic Impact Statement has been prepared by Cardno

and provided at Appendix H.

Building Code of Australia

All proposed works are to comply with the Building Code

of Australia (BCA). A BCA compliance report is to be

submitted with the DA.

A BCA report can be provided prior to the issue of a

construction certificate alongside detailed design

requirements.

Cut and Fill and retaining walls

Details of any cut and fill are to be verified on a separate

cut and fill plan. All retaining wall details (e.g. location,

top-of-wall height, bottom-of-wall height, sections,

elevations etc.) are to be clearly shown on plans and must

be constructed of masonry material. The cut and fill plan

and details of retaining walls are to be submitted with the

DA.

Final levels for the proposed development have been

provided within the Architectural Plans and Civil Plans

provided at Appendix A and B respectively.

Street trees

Street tree planting is required. In the event of the

necessity to remove street trees or to locate aspects of the

development within the Drip-line of any street trees, it is

strongly advised that you make early contact with Council’s

Open Space Policy & Tree management Coordinator.

The existing street trees are to be retained and protected

during construction activities. Refer to Landscape Plans at

Appendix I for further details.


Waste management

A waste management plan (WMP) is to be submitted with

the DA.

A Waste management plan has been provided at Appendix

J.

Crime Prevention Through Environmental Design

(CPTED)

A CPTED report is to be submitted with the DA. Council’s

CPTED checklist template prepared by a NSW Police Force

LAC) is to be completed and submitted with the DA.

A Crime Risk Assessment in addition to the CPTED

completed checklist has been provided at Appendix K.

Social Impact Assessment Report

A Social Impact Analysis is to be provided, this report must

outline the management of patrons, the responsible

service of alcohol on premises and impact on the amenity

of the surrounding sporting facilities.

A SIA has been undertaken by AIGIA Group and included

at Appendix L.

Signage

Any signage proposed must be accompanied by a SEPP 64

Assessment and submitted with the DA.

A SEPP 64 assessment has been included at Appendix C of

this SEE.

Accessibility

An Accessibility Report from a suitably qualified

accessibility consultant is required to confirm the design

will be accessible from the boundary of the site to common

areas of the site.

An accessibility report along with the BCA report can be

provided prior to the issue of a construction certificate to

allow for detail design.

Operational Plan of Management

An Operational Plan of Management is required that

addressed how the above referred matters are addressed

and managed. This includes, through is not limited to:

• Waste management

• Hours and days of operation

• Noise management

• Car parking management

• Emergency Response

• Signage (Directional and Advertising)

A Plan of Management (POM) has been provided at

Appendix F.

Compliance tables

Compliance Tables are required to be included in the

Statement of Environmental Effects (SEE) that

demonstrate compliance with the relevant environmental

planning instruments, development control plans and

guidelines

Compliance tables responding to SEPP 64 and the Western

Sydney Parklands SEPP have been provided within this

SEE.

Submission requirements

You are to refer to the Environmental Planning and

Assessment Regulation 2000 for submission requirements

for a development application. You can access our

development application checklist for documents required

with your development application on Council’s website,

and other relevant information, through the following link:

A Council checklist has been provided alongside the DA

form.

All other relevant matters raised in the PAM are discussed within this SEE and appendices.


1.4 FUTURE VISION

Several feasibility studies into the future development of the Blacktown International Sports Park (BISP) precinct have

been completed in order to facilitate and guide future development within the precinct and the Parklands. From these

studies, the Masterplan as shown in Figure 4 was formulated.

Figure 4 – Bungarribee North Sports Precinct Master Plan Extract

In accordance with the Masterplan, the parent Lot (outlined in yellow) is proposed for commercial premises. The proposed

Taco Bell operation will result in a commercial use on this land, therefore is considered an appropriate use to facilitate

development in the precinct in line with the Masterplan.


2 SITE ANALYSIS

2.1 SITE LOCATION AND CONTEXT

The site is located on the southern side of Eastern Road, Bungarribee which falls within the boundaries of the Blacktown

Local Government Area (LGA). The site is located adjacent to the Blacktown International Sports Park (BISP), within land

that is owned by Blacktown City Council and managed by Blacktown Venue Management Ltd. The Sports Park is utilised

by a range of sporting groups including Sydney Blue Sox (Australian Baseball League) and the Western Sydney Wanderers

Football Club (Hyundai A-League). The BISP website indicated that the precinct hosts over 5,000 events annually, which

attracts over 750,000 visitors.

Other surrounding development generally comprising public and private recreational developments, with sporting fields

located to the immediate south and east, and the Blacktown International Sports Park to the north, opposite Eastern Road,

see Figure 5. The following are included within the vicinity of the site:

+ Access to public transport directly in front of the site on Eastern Road;

+ Westlink M7 Road 500m to the west of the site;

+ Rooty Hill Train Station 1.3km to the north-west;

+ Rooty Hill Local Centre 1.3km to the north-west;

+ Rooty Hill industrial precinct 1.5km to the north; and

+ A range of low/medium density housing more broadly to the east and west of the Sports Park.

Figure 5 – Locality Plan (Source: Six Maps)


2.2 SITE DESCRIPTION

Currently the site is legally described as approved Lot C within Lot 2 DP1254540 and generally referred to as Eastern Road,

Bungarribee NSW 2767. Lot C is rectangular in shape, covers an area of 1,859m2, and is afforded a 48.3m frontage to

Eastern Road. Access to the site is provided via right of way from the adjoining subdivided lots which were approved under

the parent subdivision DA (DA-18-01115). No structures are currently present on the site with the site historically being

used as a car parking area, see Figure 6.

Figure 6 – Site Aerial (Source: Six Maps)

Lot 1 DP 1254540 forms the western lot of the parent subdivision. A McDonald’s operation has recently been constructed

on this lot. The land between the subject site and the McDonald’s remains vacant and will be subject to a future application

for development.


3 PROPOSED DEVELOPMENT

This section of the SEE provides a detailed description of the proposed development.

3.1 ELEMENTS OF PROPOSED DEVELOPMENT

The proposal includes the following works within the site:



+ Single lane drive-through facility;


+ Site landscaping;




3.2 OPERATIONAL MATTERS

3.2.1 OPERATIONAL HOURS AND STAFF

The food and drink premise is proposed to operate 24-hours a day, 7 days a week trade. Approximately 12 staff will be

present on site at any one time.

3.2.2 DELIVERIES AND SERVICING

The number of deliveries is anticipated to be low, with some 2 vehicles per day consisting of goods delivery and/or waste

collection. The loading/service bay is designed to accommodate a vehicle up to and include the 8.8m Medium Rigid Vehicle

(MRV) for rear-loading. The timing of deliveries will be organised outside of peak trading hours so as to minimise conflict

with customers, which is generally consistent for fast food outlets of this nature.

3.2.3 PLAN OF MANAGEMENT

A Plan of Management (PoM) prepared is included in Appendix F. The PoM sets out a number of policies and procedures

to help make the premises a safe, efficient and pleasant environment in which to work and visit. The safety and security

issues addressed in the PoM have been devised to ensure the amenity of the surrounding area is maintained at all times.

The responsible service of alcohol on the premises and management of patrons is detailed in the Responsible Service and

Handling of Alcohol Policy (Appendix F) where it is noted that the sale of liquor is limited to one drink per customer at a

time when a meal is purchased. All employees engaged in the supply of liquor will hold a current RSA competency card,

with a minimum of 2 RSA certified employees rostered on at any given time.


3.2.4 WASTE MANAGEMENT

Waste will be stored in the designated bin enclosure, where there will be a minimum of 2 bins provided (for the separation

of general waste and recycling) as well as used oil containers. Waste collection will be undertaken by a private contractor,

outside of peak trading hours. The bin enclosure measures 4m x 3.4m and is accessible from within the building with an

external roller shutter matching in paint colour to other elements of the building.

Further details on waste management are provided in the Waste Management Plan (WMP) at Appendix J.

3.2.5 LIQUOR LICENCE

It is proposed to serve alcohol at the Taco Bell operation, noting that the main purpose of the operation is to serve food

and non-alcoholic beverages with the liquor component of the operation representing a secondary component. The sale

of alcohol will require an appropriate liquor licence in accordance with the Liquor Act 2007 and Liquor Regulation 2018

however this process is separate from the development approvals process. The licence sought for the premises does not

permit takeaway liquor sales. Any restrictions and controls for the sale of alcohol will be applied under the future liquor

licence.

It is emphasised that the range of alcoholic beverages available will be limited and will be specific types that will compliment

the style of food offering. Alcohol sales is not a visually prominent part of the Taco Bell business model but rather integrated

with the sale of food at all times.

3.3 EXTERNAL MATERIALS AND FINISHES

Consistent with the Taco Bell model, the proposed building is single storey and of an urban design with an open plan

dining area. The proposed materials and finishes include compressed fibrous cement with applied finishes and colours,

aluminium framed glazing, featured timber-look aluminium battens and painted fibrous cement weatherboards. A material

and finishes schedule has been prepared by BD Architecture and is included at Appendix A (refer to DWG No. A205).

The modern design of the building is complimented by selected materials and finishes that will integrate into the

surrounding neighbourhood with a neutral colour scheme. Refer to the graphical representation of the Taco Bell operation

in Figure 7.

Figure 7 – Taco Bell Graphical Representation (front of store)


3.4 SIGNAGE

An integrated and simple approach to external signage is proposed at the site to appropriately identify the operation. The

signage scheme comprises the following:

+ 1 x internally illuminated, double sided 8m high pylon sign;

+ 2 x internally illuminated blade wall Taco Bell logo sign;

+ 1 x business identification letterset above store entry;

+ 1 x non-illuminated graphic on western elevation;

+ 1 x business identification letterset on southern elevation parapet;

+ 1 x business identification letterset on northern elevation parapet;

+ 1 x non-illuminated graphic panel on eastern elevation;

+ 1 x banner sign space;

+ Drive-through digital menuboards along with drive-through height bar and directional signage; and

+ Other ancillary directional, and safety signage in accordance with legislative requirements.

Refer to the Signage Plans at Appendix A for full details.

3.5 LANDSCAPING

The site is currently a cleared undeveloped site consisting of a gravel car park area.

The proposed landscaping scheme includes front, rear and side boundary plantings designed to soften the built form when

viewed from the street, sports ground at the rear, and adjoining development while ensuring the functionality of the site.

The planting palette is based mainly on durable native species which will provide a low maintenance landscape. The

existing street trees are to be retained and enhanced with a range of shrub and grass species providing softening to the

building whilst facilitating natural surveillance and shade to the car park area.

Further details of the proposed plant schedule are provided within the Landscape Plans prepared by Site Image Landscape

Architects and attached at Appendix I.

3.6 VEHICULAR ACCESS, DRIVE-THROUGH QUEUEING AND

PARKING

Access to the site will be via ingress/egress points approved under the parent subdivision DA-18-01115, supported with

appropriate rights of way easements over adjoining lots, see Figure 8. These arrangements have been assessed and

approved as part of the parent DA which was supported by a number of traffic studies and are therefore not further

assessed within this Report.


Figure 8 – Site ingress and egress arrangement

Within the site, 23 car parks are provided including 1 disabled space at the front of the store. Parking spaces will be

typically 2.7 metres wide by 5.4 metres long with 6.2m aisle width (two way). The disabled parking space will be 2.7

metres wide, with a 2.4-metre-wide adjacent area for clear access.

These dimensions satisfy the requirements of the Australian Standard for Parking Facilities (Part 1: Off-street car parking

and Part 6: Off-street parking for people with disabilities), AS 2890.1:2004 and AS 2890.6:2009.3.11. The internal layout

will provide for service vehicles to enter the site, circulate and make deliveries before exiting in a forward direction onto

Eastern Road. Swept paths for a Medium Ridged Vehicle (MRV) are illustrated on within the TIS at Appendix H.

Appropriate capacity for vehicle queuing within the drive-through is provided in line with similar market share operations

as surveyed by Transport for NSW (TfNSW). Further details are provided in the TIA at Appendix H.

3.7 STORMWATER MANAGEMENT

The proposed development site has been designed to collect water runoff, direct to one of four bio basins, and filter before

discharge to the stormwater network at the western boundary of the site.

Specifically, the proposed stormwater management arrangement includes:

+ Runoff from the new roof area of the building are to be captured and directed to the proposed 2 x 4,000L

rainwater tanks stored within the plant yard. The collected rainwater will be reused internally within toilets and

landscape irrigation. Any overflow from the rainwater tank will be directed to the proposed stormwater drainage

network;

+ All hardstand areas will be captured in a series of surface inlet pits with SPEL stormsack inserts before being

directed to the biobasins;

+ The combined storage space of the four bio basins totals 58m3 (calculations provided on the Stormwater

Management Plan at Appendix B); and

+ The proposed site’s drainage will be connected into the existing downstream stormwater drainage network.

Full details of proposed stormwater management arrangements are included within the Civil Drawings prepared by

Richmond + Ross and attached at Appendix B.

3.8 CONSTRUCTION MANAGEMENT

A Construction Management Plan will be prepared and submitted to the Certifier for approval prior to the issue of

Construction Certificate.


4 RELEVANT LEGISLATION

The following legislation, Environmental Planning Instruments (EPIs), and Strategies are relevant to the proposed

development:

+ Environmental Planning and Assessment Act 1979;

+ Liquor Act 2007;

+ State Environmental Planning Policy 55 – Remediation of Land;

+ State Environmental Planning Policy 64 – Advertising and Signage;

+ State Environmental Planning Policy (Infrastructure) 2007;

+ State Environmental Planning Policy (Western Sydney Parklands) 2009; and

+ Draft Remediation of Land State Environmental Planning Policy.

4.1 ENVIRONMENTAL PLANNING AND ASSESSMENT ACT

1979

The proposal, as with all development applications, is subject to the provisions of the Environmental Planning and

Assessment Act 1979 (EP&A Act). Section 4.15(1) of the EP&A Act, 1979 provides criteria which a consent authority is to

take into consideration, where relevant, when considering a DA. An assessment of the subject DA, in accordance with the

relevant matters prescribed under Section 4.15(1), is provided within this SEE.

It is noted, pursuant to Section 4.46 of the EP&A Act 1979, the proposed development does not trigger integrated

development.

4.2 LIQUOR ACT 2007

Due to the proposed sale of alcohol at the premise, the proposed food and drink premises will be required to obtain a

liquor licence under the Liquor Act 2007. However due to the separation of these two approvals system the liquor licence

will be obtained separately from this DA.

4.3 STATE ENVIRONMENTAL PLANNING POLICIES (SEPP)

4.3.1 STATE ENVIRONMENTAL PLANNING POLICY 55 –

REMEDIATION OF LAND

Clause 7(1) of the SEPP states:

(1) A consent authority must not consent to the carrying out of any development on land unless:

(a) it has considered whether the land is contaminated, and

(b) if the land is contaminated, it is satisfied that the land is suitable in its contaminated state (or will be suitable,

after remediation) for the purpose for which the development is proposed to be carried out, and


(c) if the land requires remediation to be made suitable for the purpose for which the development is proposed

to be carried out, it is satisfied that the land will be remediated before the land is used for that purpose.

A Preliminary Site Investigation (PSI) was prepared by Cardno to assess the contamination status of the parent subdivision

including the subject site. The scope of works for the PSI comprised a desktop review of information pertaining to the

contamination status of the site, a site inspection and preparation of the report (a copy of which is contained at Appendix

E) documenting the findings of the investigation.

Potential sources of contamination and associated contaminants of concern were identified as:

+ Localised areas of fill material and / or demolition waste could be present from redevelopment and demolition

activities occurring between 1970 and 1982 and during the BISP development;

+ Point source spills and leaks from vehicles entering and leaving the site; and

+ The site and surrounds are characterised as having a moderate salinity risk.

The PSI concluded that “…the likelihood of contamination being present at the site that would constrain the future intended

land use is considered low.”

Overall, the potential risks to human health and the environment at the site is low to negligible and consistent with SEPP55.

4.3.2 STATE ENVIRONMENTAL PLANNING POLICY 64 –

ADVERTISEMENT AND SIGNAGE

Clause 8 of SEPP 64 states the following:

A consent authority must not grant development consent to an application to display signage unless the consent authority

is satisfied:

(a) that the signage is consistent with the objectives of this Policy as set out in clause 3 (1) (a), and

(b) that the signage the subject of the application satisfies the assessment criteria specified in Schedule 1.

The assessment criteria in Schedule 1 of the SEPP relates to matters for consideration such as character of the area;

amenity of residential areas; views and vistas; streetscape, setting and landscape; site and building compatibility;

illumination; and safety.

The proposed signage has been designed with consideration to the adjoining land use(s), with an integrated and minimal

approach adopted. It is not anticipated the proposal will adversely cause or create impact to the vehicles travelling along

Eastern Road.

It is considered that the proposal signage scheme satisfies the relevant criteria outlined within SEPP 64. Consistency of

the development with Clause 3(1)(a) is discussed further in Section 5.4 of this Report. A detailed assessment of the

proposal against the Schedule 1 Assessment Criteria is provided in Appendix C.

4.3.3 STATE ENVIRONMENTAL PLANNING POLICY (INFRASTRUCTURE) 2007

This Policy provides a consistent planning regime for infrastructure and the provision of services across NSW, along with

providing for consultation with relevant public authorities during the assessment process.

Clause 45 Determination of development applications — other development.


The relevance of Clause 45 relates to the potential of the proposal to affect exposed overhead electricity power lines,

noting works may occur within 5m of the powerlines on Eastern Road. In this regard, it is understood that written notice

will be given by Council to the electricity supply authority inviting comments about potential safety risks.

Clause 104 Traffic Generating Development

The proposed food and drink premises does not trigger traffic generating development as per Clause 104 and Schedule 3

of the SEPP and will therefore referral to Transport for NSW (TfNSW) is not required.

4.4 STATE ENVIRONMENTAL PLANNING POLICY (WESTERN

SYDNEY PARKLANDS) 2009

The site is located within the Western Sydney Parklands. The State Environmental Planning Policy (Western Sydney

Parklands) 2009 provides the statutory framework for any development within the Parklands precinct. It is acknowledged

that the Western Sydney Parklands SEPP 2009 prevails over any other environmental planning instrument, whether made

before or after the commencement of this policy.

The purpose of this policy is to enable the parklands to be developed into multi-use urban parkland by allowing a diverse

range of recreational and commercial facilities while protecting the character of the locality.

The relevant clauses of the SEPP are outlined below:

Part 2 Land uses and provisions applying to development

Clause 9 - Land Use Zones

In accordance with this clause, all land that falls under the Western Sydney Parklands SEPP 2009 is unzoned.

Clause 11 – Land Uses

As per clause 11(1), the following development may be carried out on land in the Western Parklands without consent, but

only if it is carried out by or on behalf of a public authority:

amenity facilities; community facilities; depots; entertainment facilities; environmental facilities;

environmental protection works; function centres; information and education facilities; kiosks; public

administration buildings; recreation areas; recreation facilities (outdoor); restaurants or cafes; roads; signage

(for directional, informative, or interpretative purposes); ticketing facilities.

As per clause 11(2), any development not specified in subclause (1) or (3), or permitted without consent by subclause

(1A), may be carried out in the Western Parklands only with consent.

A food and drink premises (as defined), has not been listed under Clause 11(1). Therefore, in accordance with clause

11(2), consent is sought from Council for the proposed land use.

Clause 12 – Matters to be Considered by the Consent Authority-generally

Based on the necessity of the proposed land use requiring consent, in accordance with Clause 12, the matters to be

considered by the consent authority have been addressed in Table 2 below.


Table 2 – Matters to be Considered by the Consent Authority

Matter Response

(a) the aim of this Policy, as set out in clause 2, The aim of this policy is to enable the parklands to be developed

into multi-use urban parkland by allowing a diverse range of

recreational and commercial facilities while protecting the character

of the locality.

The proposed food and drink premises will provide a use envisaged

for the locality with appropriate design and landscaping protecting

the character of the locality.

(b) the impact on drinking water catchments

and associated infrastructure,

The proposed food and drink premises will not negatively impact

drinking water catchments.

(c) the impact on utility services and

easements,

The proposed built form will be situated to avoid impacts on existing

easements and utility services.

Overall, the proposed food and drink premises operation will not

negatively impact on easements nor impact surrounding utility

services.

(d) the impact of carrying out the development

on environmental conservation areas and the

natural environment, including endangered

ecological communities,

The subject site has not been identified as containing any

conservation areas, natural environments or endangered ecological

communities.

(e) the impact on the continuity of the Western

Parklands as a corridor linking core habitat such

as the endangered Cumberland Plain

Woodland,

The site has not been identified within the corridor linking core

habitat and therefore the proposed development on site will have

no impact on the corridors core habitat.

(f) the impact on the Western Parkland’s linked

north-south circulation and access network and

whether the development will enable access to

all parts of the Western Parklands that are

available for recreational use,

The proposed development will not impact the Western Parkland’s

linked north-south circulation and access network. Access to all

parts of the Western Parklands remain unchanged.

(g) the impact on the physical and visual

continuity of the Western Parklands as a scenic

break in the urban fabric of western Sydney,

Noting the site is already cleared land, the proposal will not impact

on the physical and visual continuity of the Parklands area.

(h) the impact on public access to the Western

Parklands,

N/A

(i) consistency with:

(i) any plan of management for the parklands,

that includes the Western Parklands, prepared

and adopted under Part 4 of the Western

Sydney Parklands Act 2006, or

(ii) any precinct plan for a precinct of the

parklands, that includes the Western Parklands,

prepared and adopted under that Part,

Any future DA has been assessed against the Western Sydney

Parklands Plan of Management 2030 and Precinct 2: Eastern Road

Sports of that Plan of Management in Table 3 below.

(j) the impact on surrounding residential

amenity,

There are no residents within the immediate vicinity of the site.

Notwithstanding, an acoustic review is included at Appendix G to

ensure acoustic impacts are acceptable.


(k) the impact on significant views, The proposed food and drink premises will be a single storey

building with no part of the built form extending above 8m in height,

therefore unlikely to result in impacts to any significant views.

(l) the effect on drainage patterns, ground

water, flood patterns and wetland viability,

The proposal is consistent in terms of drainage and flooding with

what has already been approved under the parent subdivision.

(m) the impact on heritage items, There are no heritage items on the site or within proximity to the

site.

(n) the impact on traffic and parking. A TIS has been included at Appendix H providing a detailed

assessment on traffic and parking.

Clause 14A Flood Planning

This clause applies to land identified at or below the flood planning level. As can be seen in Figure 9, a portion of the north

eastern portion of the site has been identified as being within the flood fringe area. The proposed food and drink premises

is located outside the 1% AEP flood extent.

Figure 9 – Flood Fringe Area Map Extract

Cut and fill levels are not proposed to change and therefore it is not anticipated that flood levels will change from the flood

modeling undertaken for the parent subdivision. The proposed finished floor levels of 34.6m AHD meets Council’s freeboard and flood planning requirements for industrial and commercial developments, according to the outcome of the Flood

Impact Assessment (Cardno, 2019). Refer to the Addendum letter prepared by Cardno for the proposal at Appendix D.

Clause 16 Signage

In accordance with this clause, all signage proposed must be consistent with any signage policy prepared by the Trust. In

the case of a road sign, the Roads and Traffic Authority (Council) is also required to be notified.

A signage policy has not been prepared for the Western Sydney Parklands, Eastern Road Sports precinct, therefore an

assessment against the State Environmental Planning Policy No. 64 – Advertising Signage (SEPP 64) has been undertaken.

Compliance with this policy is detailed in Section 4.3.2 and Section 5.4 of this SEE.

Clause 17A Essential Services

In accordance with this clause, development consent must not be granted to development unless the consent authority is

satisfied that any of the following services that are essential for the proposed development are available or that adequate

arrangements have been made to make them available when required:


+ The supply of water;

+ The supply for electricity;

+ Disposal and management of sewerage;

+ Stormwater drainage; and

+ Suitable road access.

Site servicing feasibility studies submitted with the 3-lot subdivision DA (DA-18-01115) found that the site contains

adequate access to, and provision of water supply, waste water, telecommunications and electricity (subject to

confirmation from Endeavour Energy).

Clause 17B Earthworks

The objective of this clause is to ensure that earthworks for which development consent is required will not have a

detrimental impact on environmental functions and processes, neighbouring uses, cultural or heritage items or features of

the surrounding land; and to allow earthworks of a minor nature without requiring separate development consent.

The majority of cut and fill works required at the site is already approved under the approved 3-lot subdivision application

(DA-18-01115). Any further earthworks to be carried out in association with the Taco Bell development will not be excessive

nor will result in any detrimental impacts on environmental functions and processes.

4.5 DRAFT REMEDIATION OF LAND STATE ENVIRONMENTAL

PLANNING POLICY

The Draft Statement of Environmental Planning Policy (Remediation of Lands) will eventually supersede SEPP 55 which

has been the framework for contaminated lands for 20-years. The new draft SEPP will retain elements of SEPP 55, and

add new provisions to establish a modern approach to the management of contaminated land. The changes will have no

major bearing on the proposal.

4.6 WESTERN SYDNEY PARKLANDS PLAN OF MANAGEMENT

2030

In accordance with Clause 12(i) the consent authority must considered any plan of management for the parklands and

any precinct plan for a precinct of the parklands. In December 2018 the second Parklands Plan of Management 2030 was

adopted, which outlines the vision and key principals for the Parklands.

The Parklands Plan of Management outlines the following key four strategic directions:

+ Environmental Protections and Land Stewardship;

+ Creating Recreational and Community Facilities;

+ Community Participation and Engagement; and

+ Financial Sustainability and Economic Development.

An assessment of the proposed modification against the strategic directions and objectives has been carried out in Table

3 below:


Table 3 – Parklands Plan of Management Key Directions

Objectives Response

Recreation and Parkland Infrastructure

Objective 1 –

Improve access to the Parklands

N/A

Objective 2 –

Create varied park spaces that

encourage passive recreation

N/A - In accordance with the masterplan for the precinct, the site is

earmarked to contain commercial uses. The purpose of the

proposal is to provide a commercial use that will support the needs

of the precinct.

Objective 3 –

Create venues and spaces that promote

sport and active recreation

N/A – as above, it is proposed to provide a commercial use that will

provide services and facilities to users of the precinct. It is

envisaged that by improving the availability of commercial services

in the area, overall usage of the surrounding sporting facilities and recreation areas will also improve.

Objective 4 -

Develop a cohesive and identifiable landscape character for the Parklands

The proposed food and drink premises includes perimeter

landscaping to aid in integrating the proposed development into the character of the Parklands.

Objective 5 –

Promote the Parklands as a visitor and

tourist destination

Despite its small Australian footprint, Taco Bell is an internationally

known and respected brand. Establishment of a Taco Bell food and

drink premises is likely to facilitate commercial growth within the precinct and attract visitors to the area.

Environment and Conservation

Objective 1 –

Secure a bushland corridor along the entire length of the Parklands to

improve biodiversity

N/A – the subject site is not located within land identified for

bushland corridor.

Objective 2 – Maximise environment and

conservation research and education

opportunities

N/A

Objective 3 – Trust operations to achieve carbon

neutral status

Taco Bell implement several strategies in an effort to reduce its carbon and environmental footprint including a transition to

sustainable packaging and increase in vegetarian food options.

Objective 4 –

Improve water quality and sustainable water use in the Parklands

The site is not situated within close proximity of the identified bulk

water supply under the Western Sydney Parklands SEPP maps. Notwithstanding, the proposal includes appropriate stormwater

management works to minimise impact on water quality. Water

reuse is also included for onsite activities (toilet flushing, landscape irrigation etc).

Objective 5 –

Encourage community involvement in

the environmental restoration of the Parklands

N/A

Objective 6 –

Protect and enhance the Parklands’

Indigenous and Non-Indigenous cultural heritage

N/A - The subject site has not been identified as containing either

Indigenous or Non-Indigenous heritage.

Culture and Participation

Objective 1 – Maximise community awareness of the

Parklands

N/A

Objective 2 –

Increase community use of the Parklands

The provision of convenient services in the area will in turn increase

patronage to the Parklands.

Objective 3 –

Create a sense of community

ownership of the Parklands

N/A

Objective 4 –

Encourage children and young people

The provision of commercial services will assist in attracting families

with children to visit the Parklands.


to use the Parklands

Objective 5 – Reflect and respond to culturally

diverse communities

The facility will appeal to a diverse range of communities.

Objective 6 – Promote the Parklands as cultural

venue

While the proposed use is not considered to promote the Parklands as a cultural venue, it is expected to encourage visitors to the

precinct and improve overall visitor satisfaction.

Urban Farming

Objective 1 – Establish sustainable urban farming in

the Parklands

N/A

Objective 2 –

Promote urban farming as integral to urban futures

N/A

Objective 3 –

Utilise underdeveloped land for farming in the interim prior to long term

parkland development

N/A

Parklands Development and Management

Objective 1 – Deliver sustainable management of the

Parklands Trust’s assets

The proposal promotes ecologically sustainable development in both construction activities and once operational.

Objective 2 –

Maximise the use and community benefits of existing and new leased

assets in the Parklands

Currently, the site is underutilised land. The proposed Taco Bell is a

result of a joint partnership with the Western Sydney Wanderers to facilitate a Taco Bell within the precinct.

Objective 3 – Develop new business opportunities to

support the management and further

development of the Parklands

As outlined in Section 1.3 of this SEE, the Bungarribee Masterplan identifies the site as land envisaged for commercial development.

In line with this Masterplan the proposal for a new Taco Bell is

fitting for the locality and will help facilitate further business

opportunities within the precinct.

Objective 4 –

Allow for new infrastructure and

achieve a balance between the

recreation and aesthetic values of the Parklands and the infrastructure needs

of external agencies

New roads required to service the proposal are already approved as

part of the parent subdivision. Appropriate provision of essential

services is also achieved.

Parklands Precincts

The site has been identified as being within Precinct 2 – Eastern Roads Sports. The desired future character of this precinct

is as follows:

A key regional sport and active recreation hub for Western Sydney with strong connections to the Parklands, providing high quality facilities for the region along with bushland conservation areas.

To achieve the desired future character, the following objectives have been set out:

+ Continue to develop the Precinct as a regional and high-quality sport and active recreation destination;

+ Enhance linkages with the internal Parklands access trails and to surrounding areas (including the M7 Motorway

cycleway); and

+ Provide ecological links to the east and south to Doonside Reserve and Bungarribee.

The proposed food and drink premises provides a high quality-built form with amenities and services to service passing

trade as well as attract visitors to the precinct.

Further to the above, Key Management Priorities have been outlined as the following:


Recreation and Parkland Infrastructure

+ Plan to expand the diversity of regional sport and active recreation at Eastern Creek, potentially through public private partnerships.

+ Ensure auxiliary and complementary sports, tourism and education facilities in Blacktown Olympic Park. + Improve pedestrian/cycle links between Blacktown Olympic Park, the residential development to the east and

Bungarribee. + Work in collaboration with Blacktown City Council to plan for this Precinct. + Investigate and work with relevant transport agencies and providers to develop better public transport access to

this Precinct.

Comment: As outlined in Section 1.3 of this SEE, the Bungarribee Master Plan has identified the site for future commercial

uses. Through the partnership with Western Sydney Wanderers the parent lot has already been approved to be subdivided into 3 lots (with a modification DA currently under assessment to increase to 4 lots) in order to facilitate development for

the purposes of 4 independent commercial uses. The Taco Bell on Lot C is expected to provide a valuable service and

facility to users within the precinct.

Environment and Conservation:

+ Work with partners to improve water quality in Eastern Creek and maximise opportunities for water recycling for irrigation and other uses.

Comment: Appropriate planning considerations have been made in regard to water management at the site. Refer to the

Civil Plans at Appendix B for fill details.

Culture and Participation:

+ Work with other parties to develop and coordinate an events program.

Comment: N/A

Parklands Development and Management:

+ Work with sports facility stakeholders to explore carbon neutral opportunities, including waste management and use of biodegradable materials and renewable energies.

Comment: Taco Bell, as a conscious corporate citizen already implement strategies at a national and international level to reduce their carbon and environmental footprint. Opportunities for reducing their carbon footprint will be explored

where possible in the running of the operation.

Recognising the above, the proposal is considered to aid in achieving relevant key strategic directions and the precincts

future desired character by facilitating commercial development in line with the Western Sydney Parklands Plan of

Management 2030.


5 ASSESSMENT OF PLANNING ISSUES

The following is an assessment of the environmental effects of the proposed development as described in the preceding

sections of this SEE. The assessment considers only those matters under Section 4.15(1) of the EP&A Act 1979 that are

relevant to the proposal.

5.1 COMPLIANCE WITH PLANNING INSTRUMENTS AND

CONTROLS

Unless otherwise stated, the proposed development either complies with or is consistent with all relevant planning

instruments and controls set out in Section 4 of this SEE, in that:

+ The proposal is compliant with State Environmental Planning Policy No. 55 (Remediation of Land);

+ Proposed signage is consistent with the criteria contained in SEPP 64 – Advertising and Signage;

+ The proposal complies with the requirements of SEPP Infrastructure, noting that referral to TfNSW is not

triggered;

+ The proposal is compliant with the relevant clauses of State Environmental Planning Policy (Western Sydney

Parklands) 2009 including permissibility and matters to be considered by the consent authority; and

+ The proposal is consistent with the relevant key strategic directions and the precincts future desired character

under the Western Sydney Parklands Plan of Management 2030.

5.2 TRAFFIC, ACCESS AND PARKING

A Traffic Impact Statement (TIS) has been undertaken by Cardno and is attached at Appendix H. The report examines the

traffic implications of the proposal including the predicted traffic generation, drive-through queuing and parking

compliance.

Traffic

The anticipated rates of traffic likely to be generated from the Taco Bell have been assessed within the TIS having regard

for the TfNSW ‘Guide to Traffic Generating Development’.

Whilst the Guide does not provide specific rates for Taco Bell, it is considered they would be no worse than a KFC operation,

which is 100-120 peak hour movements. Referring to Cardno’s February 2020 assessment, Lot C was identified for a Fast

Food premises of a similar scale to that proposed under this DA, therefore the assessment utilised 100-120 trips.

Based on the above, the anticipated traffic generation of Taco Bell has already been considered as part of the cumulative

impact assessment for Lot A to D inclusive as part of the subdivision DA.

Drive-Through Queueing

The TfNSW Guide specifies that in addition to the on-site car parking, exclusive area for queuing of cars for a drive through

facility is required. The following is specified for a KFC sized operation:

A drive through capacity of 6 car lengths should be provided. This requirement could be reduced to 5 car lengths for

restaurants with low potential turnover. However, the queue must be able to extend to 8 car lengths without unreasonably

disrupting car parking operations or extending onto the street for restaurants with single booths or potential high turnover.


As shown on the Architectural Plans, there is capacity for 7 vehicles within the drive-through from the pick-up point

(including the vehicle at pick-up) with space to an 8th without interrupting car park operation. This amount also aligns with

more recent TfNSW surveys of other food and drink operations of similar market share (e.g. Oporto, Red Rooster).

Access and Internal Circulation

The approved vehicular access driveway(s) off Eastern Road remain unchanged under this application. Intersection

modelling contained within the Cardno November 2018 assessment shows satisfactory performance with the full traffic

load of adjacent land uses.

Suitable queuing areas exist within the site and drive through facility to mitigate the risk of vehicles queuing back onto the

road network or adjoining sites.

The servicing facilities provided for the development are satisfactory and allow convenient unloading and waste collection,

with forward entry and exit movements for the service vehicles. This has been demonstrated with the provision of swept

turning paths included in the TIS at Appendix H.

Parking

Whilst it is noted that Council’s DCP provides a parking rate for take away food and drink premises, it is considered that

the rate provided within the TfNSW Guide to Traffic Generating Development is more applicable as it takes into account

the drive-through element of the operation.

The TfNSW Guide provides the following relevant car parking rate for drive-in take-away food outlets:

developments with on-site seating and drive-through facilities greater of.

1 space per 3 seats (internal and external) or

1 space per 2 seats (internal).

Calculation:

46 internal seat capacity

46 / 2 = 23

Total required: 23

A total of 23 car parking spaces including 1 accessible car parking space are proposed meeting TfNSW parking requirements

in full.

5.3 VISUAL IMPACT

The proposed works will make a positive visual contribution to the BISP given:

+ The proposed built form is of an appropriate height, scale and bulk suitable for the area and desired development

under precinct planning;

+ The proposed development includes extensive boundary plantings, enhancing its appearance from surrounding

properties and public areas;


+ Development at the site includes contemporary building design which will contribute to the aesthetical

improvement of the area;

+ A conservative amount of external signage is proposed to identify the land user in order to achieve an orderly

and co-ordinated site presentation and not to create distraction to drivers on Eastern Road; and

+ New proposed landscaping elements will add to the visual interest of the site and enhance the local urban ecology.

5.4 SIGNAGE

An integrated and low-key approach has been adopted for signage within the site, which consists of:

+ Internally illuminated, double sided 8m high pylon sign;

+ Various building signage;

+ Drive-through signage including digital menuboards; and

+ Other ancillary directional, and drive-through signage.

All proposed illuminated signage is to be illuminated in accordance with the relevant Australia Standards. The location and

dimension of signage is illustrated on the Signage Plans provided at Appendix A.

The proposed signs will be of a high quality and finish and will be illuminated at an acceptable level that will not result in

unreasonable glare that would affect the safety of vehicles or pedestrians. Illuminated signage will not detract from the

amenity of neighbouring development as signs are not excessive in height or scale and sufficiently distanced and/or

screened by fencing to sensitive land uses.

Overall, the proposed signage is appropriate for the use and setting of the site and will not result in visual clutter. The

proposed signage meets the objectives and provisions of SEPP 64 as demonstrated the compliance table at Appendix C.

5.5 NOISE

An Acoustic Review undertaken by Muller Acoustic Consultants measured and modelled the potential noise generation for

the operation including sleep disturbance noise emissions (refer to Appendix G).

The closest residential receivers to the Project are located approximately 690m to the south east on Thomas Icely Avenue

and 700m to the east of the site on Yarang Street.

The results of the Acoustic Review demonstrate the proposal would satisfy the lowest allowable Environment Protection

Authority’s Noise Policy for Industry, which is 40dB LAeq(15min) for day and 35dB LAeq(15min) for evening and night.

Based on the Acoustic Review results, there are no noise related issues which would prevent the approval of the

development. Additionally, the results of the assessment demonstrate compliance with relevant policies without

ameliorative measures being required.

5.6 LIGHTING

Appropriate lighting will be installed at the premises, including lighting for the car parking areas. External lighting will

contribute to the overall safety of the site, in conjunction with other security measures such as CCTV cameras.


It is considered that the proposed lighting will result in minimal impact on adjoining properties and the surrounding

streetscape and is generally directed internally.

All proposed lighting will be contained within the boundaries of the site and will comply with AS/NZ 1158.3.1:2005 and AS

4282.1997 Control of the obtrusive effects of outdoor lighting.

5.7 SAFETY AND SECURITY

The development has been designed to and shall be managed to minimise and discourage criminal activity and ensure the

safety of customers, staff, and the local community. The proposal has been designed to be consistent with Crime

Prevention through Environmental Design (CPTED) principles.

A Crime Risk Assessment has been undertaken and is included at Appendix K. The purpose of the Crime Risk Assessment

is to identify and assess crime risk associated with the proposed development which will trade 24 hours a day, and to

minimise opportunities for crime through design. The Crime Risk Assessment has regard for the 4 key strategies

(surveillance, access control, territorial reinforcement and activity and space management) of crime prevention and public

safety.

In addition to the inclusion of CPTED principles in the design of the development, a number of security measures are

included such as:

+ CCTV cameras located throughout the site including drive-through area;

+ Intruder alarm system; and

+ Access control (locks etc to back of house areas).

5.8 LANDSCAPING

New landscaping is proposed to compliment the development including trees, screening shrubs, low shrubs, groundcovers,

grasses and turf. In addition, concrete footpaths and zebra crossings are included to ensure access for pedestrians from

adjoining development on both sides as well as pedestrian access from Eastern Road.

The landscape design plan meets Council's planning objectives in regard to streetscape, presentation, and public amenity.

The landscape design utilises the proposed built form and site structure to provide a visual pleasing site including:

+ Additional planting to soften the front streetscape;

+ A plant selection of mainly hardy native species suitable to the local environment to enhance the local ecology;

+ Planting beds to define entry points and indicate direction;

+ Pedestrian footpaths integrated into the landscaping design; and

+ Design which promotes the safety of the community through the maximisation of natural surveillance.

In summary, the new landscaping proposed will help integrate the built form and car park areas on the site and provide a

positive contribution to the overall landscape character of the area. A detailed Landscape Plan prepared by a qualified

Landscape Architect is included at Appendix I.


5.9 WATER MANAGEMENT

The proposed development site has been designed to collect water runoff, direct to one of four bio basins, and filter before

discharge to the stormwater network at the western boundary of the site.

Runoff from the roof area of the new building is to be captured and directed to the proposed 2 x 4,000L rainwater tanks.

The collected rainwater will be reused internally within toilets and landscape irrigation. Any overflow from the rainwater

tank will be directed to the proposed stormwater drainage network.

Water from other operational hardstand areas is to be directed to one of a number of bio basins located along the site

boundaries for pre-treatment. The water is then passed through a humeceptor which filters the water appropriate for the

external stormwater network.

Full details of proposed Stormwater Management arrangements including MUSIC modelling results are shown within the

Civil Drawings and Report prepared by Richmond + Ross attached at Appendix B.

5.10 WASTE MANAGEMENT

The types of waste generated during operation of the premises will include food wastes, recyclable paper and cardboard,

plastics, containers, and residual waste. The refuse area is located internal to the building with external access via a roller

door to the plant area.

Within the refuse area there will be a minimum of two bins for the separation of general waste and recycling as well as a

used oil container. Staff from the premises will regularly remove waste from within the building and on site bins to this

area for collection by private contractor.

A Waste Management Plan (WMP) has been prepared for the proposal, addressing each stage of the development from

construction through to the ongoing management of waste when the premises is operational, refer to Appendix J.

5.11 SEDIMENT AND EROSION CONTROL

All sediment control devices will be constructed, placed, and maintained in accordance with respective Council

specifications and Landcom "soil and construction" manual and as shown on the proposed Erosion and Sediment Control

Plans at Appendix B.

Temporary contractors’ vehicular access to the site will be restricted to a single point with a vehicle shaker grid and

stabilised site access to reduce the likelihood of sediment being trafficked off site. Additional sandbag inlet traps are

proposed along the kerbing of the site on Eastern Road.

5.12 SOCIAL AND ECONOMIC IMPACTS

An analysis of the social and economic impacts associated with the development of the site is detailed in this section to

ensure that, where relevant, social and economic considerations are an integral part of the development assessment

process. Noting the inclusion of the sale of alcohol forming part of the proposed development, Council have requested

that a Social Impact Analysis be undertaken. To this end, a Social Impact Assessment (SIA) has been undertaken by Aigis

Group, provided at Appendix L.

Social Impact

Impacts of the proposed sale of liquor on noted stakeholders is considered to be limited to visitors which visit the BISP.

The BISP attracts large numbers of users and visitors annually, in addition to other people travelling through the precinct.

Only a proportion of people from each of these groups would use the proposed premises and a smaller group among these


would purchase liquor for consumption with meals. Customers who wished to consume liquor with a meal are presumed

to derive some utility from doing so. Consequently, it is likely that such customers would be positively affected. People

who do not attend the premises, or the other businesses on the site, are likely to be unaffected by its operations.

Economic Impact

The project will provide short term direct and derived economic stimulus in its development and construction stages. It

will also support 12 FTE positions once operations commence. These are clearly long-term positions. The project will also

generate economic activity through the procurement of goods and services required to support its operations. It will also

be subject of rates and other charges payable to Council over the long term.

Crime

Bureau of Crime Statistics and Research (BOCSAR) imagery and data for Rooty Hill show the incidences of assault,

malicious damage to property in the BISP is low to zero. The proposed liquor licence is comparable to the existing licences

in the BISP precinct, in terms of permitting relatively low intensity alcohol availability. With the proposed sale of alcohol

considered to be generally low intensity, the incidence of crime is expected to remain consistent with the existing BISP.

Considering the potential for both positive and negative effects and the assessed materiality of these, it is submitted that,

on balance, the socioeconomic effects of the proposed licensed premises are likely to be positive for the community and

other stakeholders.

5.13 PUBLIC INTEREST

The proposal is considered to be in the public interest as it will deliver a number of public, social and economic benefits

with minimal adverse impacts (as detailed within this report). The land use is appropriate for the location within the Eastern

Road Sports Precinct and is earmarked for commercial development under the Masterplan.

5.14 BUILDING ACCESS

Access to the buildings will be compliant with the relevant legislation and criteria including The Building Code of Australia

(BCA), the Disability Discrimination Act 1992 and AS1428 – Design for Access and Mobility to ensure that adequate

pedestrian and disabled access is provided for the development. As illustrated on the proposed plans, access is made

available throughout the site, carpark, building entrance and within the building.


6 CONCLUSION

The proposed food and drink premises located on Lot C of MOD-20-00083 at Eastern Road, Bungarribee will provide a

well-designed, modern facility that will complement the other uses (existing and future) within the area. Located within

the Blacktown International Sports Park (BISP) precinct, the development will greatly assist in providing the services and

facilities required to support activity within this precinct. It is also consistent with the BISP Masterplan which identifies

commercial development in this specific location.

The proposed food and drink premises is permissible with consent under the provisions of the Western Sydney Parkland

SEPP 2009. The proposed development will meet the objectives of the SEPP as it will contribute to the ongoing development

of the precinct as a high quality sports and recreation destination whilst delivering beneficial social and economic outcomes.

The proposal does not impact any of the local ecological links including the east and south links to Doonside Reserve and

Bungarribee.

The proposed development incorporates high-quality building presentation and signage with an integrated overall approach

to site development. The design of the development ties in with what is already approved under the parent subdivision

DA and incorporates appropriate stormwater management, respects the natural environment, and minimises potential

amenity impacts on neighbouring properties.

The social impacts of the proposal have been duly analysed noting that an on-premises licence is sought for the sale of

alcohol in conjunction with food purchases only. To this end, the SIA found that the socioeconomic effects of the proposal

are likely to be positive for the community and visitors to the BISP. Taco Bell have strict internal policies in this regard and

the POM submitted with this DA details the responsible service and handling of alcohol as well as other operational

procedures to ensure the safety of staff of patrons and to minimise any potential adverse impacts to the surrounding

neighbourhood.

In summary, this SEE has addressed the potential impacts arising from the proposal on surrounding properties including

traffic and parking, noise, visual amenity and waste and water management. Where necessary, mitigation measures are

proposed to minimise any potential impacts and reduce potential risk associated with the development. Furthermore, it is

in the interest of Taco Bell to employ strict management procedures for the premises to ensure that the development is a

safe, efficient, and pleasant environment in which to work and visit.

Given the merit of the design and the absence of any significant adverse environmental impacts or planning issues, the

DA is considered to be in the public’s interest and worthy of Council’s support.


Appendix A – Architectural Plans

BD Architecture


Appendix B – Civil Engineering

Richmond + Ross


Appendix C – SEPP 64 Compliance Table

KDC PTY LTD

Assessment Criteria Comment Compliance

1) Character

of the area

Is the proposal compatible with the existing or desired future character of the

area or locality in which it is proposed to

be located?

The proposed signage is compatible with the character of the existing scale of the

commercial development along Eastern

Road.

Y

Is the proposal consistent with a

particular theme for outdoor advertising

in the area or locality?

The BISP includes a number of other

commercial operations which include the use of freestanding signage and internally

illuminated signage, to communicate to

motorists travelling along Eastern Road. This

establishes a signage theme for the area. The proposed signs are considered to be

consistent with the predominant theme of the

area and is therefore considered appropriate

in this instance.

Y

2) Special areas

Does the proposal detract from the

amenity or visual quality of any

environmentally sensitive areas, heritage areas, natural or other conservation

areas, open space areas, waterways,

rural landscapes or residential areas?

The proposed signage does not detract from

any special areas.

Y

3) Views and

vistas

Does the proposal obscure or

compromise important views?

The proposed signage does not comprise or

obscure important views.

The pylon sign will provide business

identification for road traffic, while the other signs are directional and are not at a scale

that will obscure views.

Y

Does the proposal dominate the skyline

and reduce the quality of vistas?

The majority of the proposed signage is well

below surrounding buildings and will not dominate the skyline or reduce the quality of

vistas. The pylon sign will not reduce the

quality of vistas nor will dominate the skyline.

Y

Does the proposal respect the viewing

rights of other advertisers?

The proposed signage does not obscure any

other advertising.

Y

4) Streetscape,

setting or

landscape

Is the scale, proportion and form of the proposal appropriate for the streetscape,

setting or landscape?

The scale of the new signage is considered

appropriate for the setting.

Y

Does the proposal contribute to the visual interest of the streetscape, setting or

landscape?

The proposed signage will contribute to the visual interest of the setting, without being

overly dominant.

Y


Does the proposal reduce clutter by

rationalising and simplifying existing

advertising?

The proposed signage scheme has been

designed to ensure it does not result in visual

clutter.

Y

Does the proposal screen unsightliness? The proposal does not screen unsightliness. N/A

Does the proposal protrude above buildings, structures or tree canopies in

the area or locality?

No, the majority of the proposed signage is well below surrounding buildings, structures

and trees. The pylon sign will be above

building roofline, however as stated above it

is unlikely to compromise views.

Y

Does the proposal require ongoing

vegetation management?

No. There is no significant vegetation at the

base of the signs.

N/A

5) Site and

building

Is the proposal compatible with the scale,

proportion and other characteristics of the site or building, or both, on which the

proposed signage is to be located?

The signage has been designed to be

compatible with the proposed built form of the Taco Bell food and drink premises and

site characteristics.

Y

Does the proposal respect important

features of the site or building, or both?

The proposed signage does not detract in any way from important features of the building

or site.

Y

Does the proposal show innovation and

imagination in its relationship to the site

or building, or both?

The proposed illuminated sign uses

sophisticated, innovative technology to

display the message.

Y

6) Associated

devices and

logos with

advertisements and

advertising

structures

Have any safety devices, platforms, lighting devices or logos been designed as

an integral part of the signage or

structure on which it is to be displayed?

The proposed signage will include elements of illumination which will be of an

appropriately level of brightness for outdoor

display.

Y

7) Illumination

Would illumination result in unacceptable

glare?

No, the signage will not result in excessive

glare and will be appropriately illuminated in

accordance with AS.

Y

Would illumination affect safety for

pedestrians, vehicles or aircraft?

As above. Y

Would illumination detract from the

amenity of any residence or other form of

accommodation?

This is unlikely due distance between the site

and closest residential properties.

Y

Can the intensity of the illumination be

adjusted, if necessary?

The brightness level of the screen will be of

an appropriate level of brightness for

outdoor display.

Y

Is the illumination subject to a curfew? No, the illumination will be in accordance with

the sites operating hours.

Y


8) Safety Would the proposal reduce the safety for

any public road?

No, the proposed signage is within common

expectations of the community (including motorists) for a food and drink premises

establishment in this locality.

Y

Would the proposal reduce the safety for

pedestrians or cyclists?

No, the signs will not affect pedestrians or

cyclists.

Y

Would the proposal reduce the safety for

pedestrians, particularly children, by

obscuring sightlines from public areas?

No, sightlines are not affected by the

proposal.

Y


Appendix D – Flood Impact Assessment Addendum

Cardno


Appendix E – Preliminary Site Investigation

Cardno


Appendix F – Plan of Management

Taco Bell


Appendix G – Acoustic Review

Muller Acoustic Consulting


Appendix H – Traffic Impact Statement

Cardno


Appendix I – Landscape Plans

Site Image Landscape Architects


Appendix J – Waste Management Plan

KDC Pty Ltd


Appendix K – Crime Risk Assessment

KDC Pty Ltd


Appendix L – Social Impact Assessment

AIGIS Group


Appendix M – Cost Summary Report

Hollis Partners

NEWCASTLE | SYDNEY | MELBOURNE 02 4940 0442 [email protected] www.kdc.com.au

effects environmental statement of

Documents