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Ordinary Meeting of Council 25 May 2010 Page 257

Wollongong City Council

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REF: CM59/10

SECTION 82A REVIEW OF DETERMINATION - CONSTRUCT AND OPERATE COIN-OPERATED SELF-SERVICE CAR WASH FACILITY - 181-185 WINDANG ROAD WINDANG - IHAP REPORT Report of Manager City Planning (TW) 7/05/10 RD-2009/165/A

PRECIS

This report deals with an application to review Council’s previous decision to refuse DA-2009/165 pursuant to Section 82A of the Environmental Planning and Assessment Act, 1979. The IHAP considered the matter on 24 March 2010 and were willing to support the application subject to additional information being provided and further changes being made to the proposal. Amended plans were subsequently lodged which now address the IHAP concerns and the proposal is recommended for approval.

RECOMMENDATION

Council review its determination of DA-2009/165 by granting consent to the proposal subject to the conditions contained in Attachment 3.

BACKGROUND

The original development application, DA-2009/165, was refused under delegated authority on 23 July 2009 for the following reasons:-

1 Pursuant to the provisions of Section 79C (1)(a)(ii) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is inconsistent with the State Environmental Planning Policy No 55 – Remediation of Land with respect to failure to provide a preliminary investigation in accordance with the NSW Contaminated Land Planning Guidelines.

2 Pursuant to the provisions of Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is inconsistent with Wollongong Local Environmental Plan 1990 with respect to satisfaction of clause 11(2).

3 Pursuant to the provisions of Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is inconsistent with the objectives of the 2(b) Medium Density Residential zone under Wollongong Local Environmental Plan 1990 with respect to clause (c)(iii).

4 Pursuant to the provisions of Section 79C (1)(a)(ii) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is inconsistent with the Draft Wollongong Local Environmental Plan 2009 as it relates to objectives and permissible development in the R2 Low Density Residential zone.

5 Pursuant to the provisions of Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development fails to demonstrate satisfactory vehicle turning and manoeuvring.

6 Pursuant to the provisions of Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development fails to demonstrate satisfactory acoustic performance in accordance with the NSW Industrial Noise Policy 2000.

7 Pursuant to the provisions of Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development would have an adverse visual impact due to retention of the awning/display structure in the front setback.

8 Pursuant to the provisions of Section 79C (1)(d) of the Environmental Planning and Assessment Act 1979, it is considered that having regard for public submissions, the development is unsuitable with respect to amenity impacts resulting from the proposed operating hours and activities, materials and processes to be used.

Ordinary Meeting of Council 58 25 May 2010


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3 9 Pursuant to the provisions of Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979 it

is considered that in the circumstances of the case, approval of the development would set an undesirable precedent for similar inappropriate development and is therefore not in the public interest.

A request for a review of determination was submitted to Council under the provisions of Section 82A of the Act. This was referred to the IHAP as the proposal involves a Clause 11 use under Wollongong Local Environmental Plan 1990 and 5 or more objections were received. The application included a number of design changes and additional information responding to the reasons for refusal identified above. The IHAP raised further concerns with the revised proposal at its meeting of 24 March 2010. The applicant has responded to these concerns with amended plans which have now been considered by staff (see below). The amended plans were re-notified to neighbouring property owners.

The amended plans contain the following changes:

• Relocation of the driveways (further away from neighbouring property boundaries) and changes to the landscaping scheme including setting the front fence back to enable landscaping to be provided forward of it;

• Amended details of the acoustic fence and an addendum acoustic report confirming that the fence will provide the required level of noise attenuation. Changes to the acoustic fence have been made to address sight lines and visibility for vehicles entering and leaving the site and neighbouring properties; and to prevent any adverse impacts on the amenity of neighbouring residential properties through either visual impact, bulk/massing or overshadowing;

• Minor changes to the internal layout of the plant room/amenities building; • Inclusion of 6 x 5m high flag poles forward of the front fence; and • Relocation of the bin enclosure and visitor parking spaces.

PROPOSAL

The proposal involves the development and use of the site as a coin operated self-serve car wash comprising 4 vacuum bays, 5 self serve wash bays and an automatic car wash bay. The proposal is described in greater detail in the IHAP report at Attachment 2.

CONSULTATION AND COMMUNICATION

The application for review of determination was placed on notification in accordance with Council’s Notification Policy. A total of five (5) submissions were received. The objections are summarised in the IHAP report (Attachment 2).

The amended plans received following the IHAP meeting of 24 March 2010 were re-notified. At the conclusion of the re-notification period, there were 3 submissions received (including a petition signed by 78 people) which raised the following concerns:- • Road safety – the site will gain access only via Windang road which is already congested; • Car washing could hamper vehicle braking; • Noise from the car wash will impact on resident amenity; • Location of driveways will limit access and egress from neighbouring properties; • There are a number of car washes in the area and another one is not required nor will it have any

benefit for the community; • Hours of operation must be limited to prevent service vehicles and the like from coming and

going outside of the nominated hours of operation; • The proposal is out of character and will not encourage people to stop and visit Windang.

The above concerns were raised in the first round of notification, and are discussed in the attached report to the IHAP.



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The following submission by an objector provided specific comments in relation to the plans provided in response to the concerns raised by the IHAP:-

• Vehicular access and egress from neighbouring properties is already difficult due to the volume of traffic which uses Windang Road. This development will exacerbate this problem. This was raised with the IHAP and the panel was advised that the driveways would need to be moved 6m to prevent this problem. The amended plans indicate that the northern driveway has only been moved 2.7m (at the kerb) which is not an acceptable gap and will not alleviate this concern.

• Since the IHAP meeting there has been a 2.4 metre high acoustic wall drawn on the plans. The acoustic report provided indicates that the proposal will increase noise levels to neighbouring properties. The walls shown on the plans are not consistent with the recommendations of the acoustic report.

• Concerns were raised with the IHAP in relation to sight lines. The amended plans are unacceptable in this regard. On the northern side a 2.5 metre setback from the boundary is required to main clear sight lines to prevent accidents and to properly see pedestrians. The fence would need to be 15mm thick clear Perspex as recommended in the acoustic report. The proposal does not comply with this – the fence stops 2m from the front boundary. Vehicles exiting could create excessive noise which is not fair for neighbours.

The following assessment comments are provided in response to the above concerns:-

• In response to the first concern, the IHAP requested that the “Location of the driveways to the site being such as to minimise the impact on neighbouring properties, such as by relocating the driveways away from property boundaries and relocating visitor spaces accordingly.” As detailed below, the driveways have been moved to increase the setbacks to the neighbouring properties. The southern driveway crossing has been moved 1.9m to the north, while the northern driveway has been moved 0.6m to the south. The vehicle turning study plan provided indicates that the crossing width is required to ensure that sufficient vehicular manoeuvring area is available. It is noted that the plans have been reviewed by both the RTA and Council’s Traffic Section and are considered to be acceptable.

• In response to the second concern, the acoustic wall was illustrated on the plans originally notified to neighbouring property owners. The IHAP requested that greater detail be provided in relation to the acoustic walls, and the amended plans address this issue. The plans re-notified to neighbours did not comply with the recommendations of the acoustic report, and this was raised with the applicant. Further amended plans have been received along with a supplementary letter from the applicant’s acoustic consultant which addresses the plan details in relation to the acoustic walls. This is addressed in greater detail below.

• In response to the third concern, the plans indicate that the acoustic wall will terminate 1.0 metre from the front property boundary on the northern boundary while the wall on the southern boundary will terminate 2.0 metres from the front boundary to ensure that adequate sight lines are provided to the road and footpath. The applicant’s acoustic engineer has reviewed the plans in relation to this issue and has advised that they will provide a satisfactory level of noise attenuation. Council’s Traffic Section has recommended that a condition be imposed to ensure that satisfactory sight lines are available from the site, which is as follows:-

Any proposed structures adjacent to the driveways (including neighbouring driveways) and adjoining properties shall comply with the requirements of the latest version of Australian / New Zealand Standard AS/NZ 2890.1 to provide for adequate sight distance. This includes, but is not limited to, structures such as signs, letterboxes, retaining walls, acoustic fencing, dense planting etc. This requirement shall be reflected on the Construction Certificate plans.

This application, this condition has been included in Attachment 5, see Condition 30.

Consultation with the RTA and internal divisions of Council has also occurred.

Ordinary Meeting of Council Page 260 25 May 2010


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3 ASSESSMENT OF AMENDED PLANS

The Panel commentary within the IHAP recommended included the following notes and recommendations:-

The Panel considers that the proposal could satisfy the provisions of Clause 11 (of Wollongong Local Environmental Plan 1990) if:

• Details of the acoustic wall to the northern/southern and eastern boundary are provided to Council that not only achieve the appropriate acoustic attenuation required by the Acoustic consultant to achieve a satisfactory residential amenity, but also satisfactorily addresses sight lines and visibility for vehicles entering and leaving the site and neighbouring properties.

• Details of the acoustic wall should demonstrate that issues of amenity to the neighbouring properties and in the site itself are satisfactorily addressed in respect of visual amenity, overshadowing, bulk and massing.

• Location of the driveways to the site being such as to minimise the impact on neighbouring properties, such as by relocating the driveways away from property boundaries and relocating visitor spaces accordingly.

• If relocation of the driveways is proposed there is to be no reduction in the landscape amenity to street frontage. The applicant has addressed these issues as discussed below:-

1. Acoustic wall details: The applicant has submitted greater detail in relation to the acoustic fences to be erected along the northern, southern and eastern property boundaries.

Along the southern boundary of the site, the acoustic fence will have an overall height of 2.4m. the existing Colorbond fence will be lined with 9mm painted villa board to 2.1m high with a 300mm high 12mm acrylic Perspex panel to be fixed above. The acoustic fence will terminate 2m from the front boundary to ensure the availability of suitable sight distance to vehicles exiting the site and the neighbouring dwelling to the south. This may be required to be modified to ensure compliance with the above recommended condition.

Along the northern boundary, the acoustic fence will comprise the existing 1.8m high Colorbond fence lined with painted 9mm structural villaboard, to form an overall height of 2.4m. The acoustic fence will terminate 1m from the front boundary, though this may be required to be modified to ensure compliance with the above recommended condition to ensure the availability of suitable sight distance to vehicles entering the site and exiting the neighbouring dwelling to the north.

Along the rear (eastern) boundary, the acoustic fence will be constructed of 1500mm high timber palings lined with 6mm thick villaboard. A 900mm high 12mm solid Perspex or polycarbonate panel will be fixed to the top of the fence, forming an overall height of 2.4m. The timber palings and villaboard will be staggered for visual effect.

The detail provided in relation to the acoustic fences addresses the concerns raised by the IHAP who had concerns that the materials were not properly identified on the original application. The use of Perspex panels will assist in reducing possible overshadowing of the neighbouring allotments to the east and south of the site whilst still ensuring adequate visual privacy. The solid acoustic fence on the northern boundary will provide privacy; minimal overshadowing impacts as a result of the wall will occur given the orientation of the land.

Sight lines for vehicles will be maintained subject to compliance with the above recommended condition.

Impact of acoustic walls on amenity of neighbouring property owners: the applicant’s plan details indicate that the walls will be satisfactory in respect of visual amenity, overshadowing, bulk and massing. The appearance of the walls has been improved through the introduction of the Perspex panels to the top of the walls to be erected on the eastern and southern boundaries. This has had the effect of reducing the height of the solid material component of these walls whilst still providing a satisfactory level of acoustic attenuation. The overshadowing impacts of the walls on the properties to the south and east will be reduced also.



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The use of staggered materials (villaboard and timber) on the eastern acoustic fence will not have an acceptable visual impact unless the same colour is used. If Council is of a mind to approve this application, it is recommended that a condition be imposed requiring that all the walls be painted one colour. (See Condition 9)

Driveway location: the applicant has submitted amended plans which increase the setbacks of the two access driveways from the northern and southern property boundaries. This has required a reconfiguration of the vacuum bays and staff parking located adjacent to the front boundary of the site and a relocation of the bin enclosure.

The amended plans address the concerns raised by IHAP. The southern driveway crossing has been moved 1.9m to the north, while the northern driveway has been moved 0.6m to the south. The vehicle turning study plan provided indicates that the crossing width is required to ensure that sufficient vehicular manoeuvring area is available. Additional landscaping has been provided between the driveways and the side boundaries. The plans have been reviewed by the RTA and Council’s Traffic Section and are acceptable.

The relocation of the driveways has not resulted in any reduction in the landscape amenity of the site to the street frontage. Relocating the driveways has enabled larger landscape beds to be provided adjacent to the southern and northern boundaries, offering improved opportunities for landscaping in these areas. It is noted that the landscape bed located adjacent to the southern boundary has been widened by 3.0m. The front fence has also been setback 1.0m from the front boundary, enabling landscaping to be provided in front of the fence.

Lastly, it is noted that the amended plans include six 5.0 metre high flag poles inside the front boundary of the site. These are not supported as they will add to visual clutter. It is recommended that a condition be imposed stating that the flag poles are not approved. (See condition 7)

ECOLOGICAL SUSTAINABILITY The propose development has been considered in relation to the principles of ecologically sustainable development and is considered to be satisfactory. Refer to the assessment report at Attachment 2 for greater detail. CONCLUSION

The IHAP have considered the proposed development against the relevant controls and have recommended that the application be supported subject to a number of matters being addressed by the applicant. Amended plans were provided by the applicant in response to the IHAP’s concerns and these have been assessed by Council. The amended application is now considered to satisfactorily address all matters identified by the IHAP and it is recommended for approval subject to the conditions at Attachment 3.

Name Position Title Author:

Theresa Whittaker Senior Development Project Officer

Authorised by:

Mark Riordan Manager City Planning

Andrew Carfield Director Planning & Environment

David Farmer General Manager

ATTACHMENTS

1. Recommendations of the IHAP 24 March 20102. Officer's Report to the IHAP 24 March 2010 3. Draft Conditions 4. Aerial Photograph 5. Zoning Map 6. Plans and addendum acoustic report

ATTACHMENT 1 - Recommendations of the IHAP 24 March 2010


IHAP No. Item 3

DA No. RD-2009/165/A

Proposal Construct and operate a coin-operated self-service car wash facility - Review of Determination

Property Lot 9 DP 25091, Lot 10 DP 25091, Lot 11 DP 25091 No’s 181 - 185 Windang Road, WINDANG

Owner Bryarp Pty Ltd

Applicant Prince Property Consulting

Panel Sue Francis (Chair), David Crofts and Sue Hobley (Independent), Edgar du Bois (Community Representative)

Staff in Attendance

Mark Riordan (Manager City Planning), Pier Panozzo (City Centre Development Manager), Ron Zwicker (City Wide Development Manager), Nicole Askew (Acting Development Certification Manager), Tim Harlor (DPO), Lauren Wilson (IHAP Coordinator)

Pecuniary Interest None of the Panel members had any pecuniary interests relating to this matter.

Representations: The Panel heard from Elaine Treglown on behalf of the applicant and Mr Duane Goodger (179 Windang Road) and Ms Leanne King (187 Windang Road and also on behalf of Peter Forbes (189 Windang Road)).

Panel Commentary: The Panel inspected the subject site.

The Panel considers that the proposal could satisfy the provisions of Clause 11 if:

● Details of the acoustic wall to the northern/southern and eastern boundary are provided to Council that not only achieve the appropriate acoustic attenuation required by the Acoustic consultant to achieve a satisfactory residential amenity, but also satisfactorily addresses sight lines and visibility for vehicles entering and leaving the site and neighbouring properties.

● Details of the acoustic wall should demonstrate that issues of amenity to the neighbouring properties and in the site itself are satisfactorily addressed in respect of visual amenity, overshadowing, bulk and massing.

● Location of the driveways to the site being such as to minimise the impact on neighbouring properties, such as by relocating the driveways away from property boundaries and relocating visitor spaces accordingly.

● If relocation of the driveways is proposed there is to be no reduction in the landscape amenity to street frontage.

Recommendation That details satisfactorily addressing the above points should be submitted for consideration by Council.

Voting The voting in respect of this matter was 4/0.

ATTACHMENT 2 - Officer's Report to the IHAP 24 March 2010 Page 263


IHAP No. Item 3

DA No. RD-2009/165/A

Proposal Review of Determination - construct and operate coin-operated self-service car wash facility

Property Lots 9, 10 & 11, DP 25091, Nos.181-185 Windang Road, Windang

Applicant Prince Property Consulting

Responsible Team City Centre & Major Development (TS)

EXECUTIVE SUMMARY

Reason for Consideration by IHAP The application requires referral to the IHAP as there were five or more unresolved objections received. The proposal also involves a use which can only be granted consent upon satisfaction of Clause 11 of WLEP 1990.

Proposal Development and use of the site as a coin operated self-serve car wash comprising 4 vacuum bays, 5 self serve wash bays and an automatic car wash bay.

Permissibility The car wash is defined as a ‘commercial premises’ for the purposes of WLEP 1990. ‘Commercial premises’ can only be approved after advertising and satisfying Clause 11 of WLEP 1990.

Consultation Neighbour notification and advertising has been carried out in accordance with the requirements of the Act and Regulation and Council’s Notification Policy. Consultation with the RTA and internal divisions of Council has also occurred.

Main Issues

The applicant has submitted amended plans and additional information responding to the reasons for refusal. The amended proposal has been assessed and the main issues are:-

• Zone objectives

• Consistency with Clause 11 of WLEP 1990

• Consistency with WLEP 2009

RECOMMENDATION

It is recommended that Council change the determination and approve DA-2009/165 subject to conditions.

ASSESSMENT REPORT

1 Background The former use of the site was as a commercial premises operated by ‘Totalspan’, which sold aluminium buildings (carports, sheds, garages etc). The development applications approving this use were approved in 2000 (DA-2000/33) and 2005 (DA-2005/1505 for the reconfiguration of the garage display business).

Totalspan has vacated the premises, leaving a central sales/administration building and signage.

The site was previously occupied by a service station, which was constructed on the site in 1959. Other approved commercial activities have taken place within the site, including a motor repair facility, take away food outlet and a display/showroom.

ATTACHMENT 2 - Officer's Report to the IHAP 24 March 2010


DA-2009/165 for the construction and operation of a coin-operated self-service car wash facility was refused by Council on 23 July 2009 for the reasons outlined in Section 4 of this report.

A review of Council’s records indicate that the property does not have any outstanding customer service actions.

2 Site Description The site is located on the eastern side of Windang Road,, approximately 130 metres north of Boronia Avenue. The 1707m2 site comprises three allotments of the same size:

• Lot 9 DP 25091 No. 181 Windang Road – 569.09m2 • Lot 10 DP 25091 No. 183 Windang Road - 569.09m2 • Lot 11 DP 25091 No. 185 Windang Road - 569.09m2

Vehicular access is obtained via two (2) existing crossings on Windang Road.

Council’s property information records indicate the site is known to be subject to the following constraints:

• Land contamination • Acid sulfate soils • Flooding

The site is now zoned R2 Low Density Residential under Wollongong LEP 2009 and was previously zoned 2(b) Medium Density Residential under WLEP 1990. The site abuts residential zoned land to its north, south and along most of its eastern boundary. The land to the immediate east of Lot 11 was zoned 6A Public Recreation (now RE1 Public Recreation) and contains the Windang Senior Citizens Centre. Land further to the south (adjacent to the intersection of Boronia Avenue and Windang Road) was zoned 6C Tourism (now SP3 Tourist) and contains the Lake Illawarra Hotel.

Figure 1 – Site Location and Zoning under WLEP 1990

3 Proposal

The plans submitted with the Section 82A request for review of determination provide for an amended proposal. The amended proposal incorporates the following:-



• Use of whole site for a self-serve car wash, incorporating: o 4 vacuum bays o 5 self serve wash bays o An automatic car wash bay o 3 parking spaces for staff and customers o coin operated equipment and money change (coin dispenser) machine

• Hours of operation 8am to 8pm, seven days a week during the Summer months and 8am to 6pm, 7 days a week during the Winter months

• One staff member to be on the premises during trading hours • Removal of existing vegetation and installation of new landscaping adjacent to front boundary,

along part of the length of the northern and southern boundaries, adjacent to the automatic car wash bay and in the south-eastern corner of the site

• Erection of cantilevered shade structure over vacuum bays adjacent to the front boundary • Retention of existing entry and egress driveways • Fencing

o Replacement of existing 1500mm high timber paling fence to rear boundary with 2400mm high double lapped noise barrier fence

o New 1800mm steel tubular fencing to front boundary, incorporating sliding 1800mm electronic gate on each driveway

• Alterations to the existing building to accommodate a plant room and separate staff amenities room. The remainder of existing buildings will be demolished.

• Painted directional signs on driveway surface • Retention of existing advertising sign in southern corner of site adjacent to Windang Road

frontage – refacing of sign with “Windang Car Wash” lettering • Fascia signage on western elevation of the car wash building • Waste bin storage area adjacent to southern boundary of the site • Installation of internal lighting in the wash bays and vacuuming areas and low level lighting for

the access. There are two existing floodlights for the entry and exit ways. • Pollution control methods including underground car wash water recycling tanks and sewer

discharge pit for drainage • Rainwater harvesting and water recycling. The applicant indicates that 90% of the water used will

be recycled. Recycled water will be used for car washing, with fresh water from the rainwater tank or local supply being used for the final rinse.

The main differences between the plans originally refused and the subject application are:- • The number of self serve wash bays has been increased from 3 to 5 and an automated car wash

bay has also been included; • The site has been reconfigured to improve vehicular manoeuvring; • Hours of operation have been reduced from 8am – 8pm, 7 days per week to 8am – 6pm during

the Winter months and 8am – 8pm during the Summer months; • The awning previously proposed to be retained within the front setback has been removed from

the site; • An acoustic fence is now proposed to the southern, eastern and northern boundaries of the site

to mitigate noise impacts.

4 Environmental Planning and Assessment Act 1979 Section 82A Section 82A provides that a request for a review may be made within 12 months of determination of a development application, unless an appeal is filed with the Court. The applicant may amend the proposal,



so long as the development as amended is substantially the same development as the development described in the original DA.

The Council may review the determination if: (a) it has notified the request for review in accordance with:

(i) the regulations, if the regulations so require, or (ii) a development control plan, if the Council has made a development control plan that

requires the notification or advertising of requests for the review of its determinations, and

(b) it has considered any submissions made concerning the request for review within any period prescribed by the regulations or provided by the development control plan, as the case may be, and

(c) in the event that the applicant has made amendments to the development described in the original application, the consent authority is satisfied that the development, as amended, is substantially the same development as the development described in the original application.

As a consequence of its review, the Council may confirm or change the determination.

In relation to (a), the request for review has been notified. An advertisement was placed in the local newspaper and notification letters were sent to neighbouring and nearby property owners/occupiers. The notification period commenced on 15 December 2009 and concluded on 20 January 2010. There were five (5) submissions received. These are considered below.

In relation to (c), the applicant has amended the proposal. The amended proposal is considered to be substantially the same as the original proposal.

Reasons for Refusal & the Applicant’s Response The original development application was refused for nine (9) reasons. The applicant has submitted amended plans and additional supporting information in response to the refusal reasons. The reasons, the applicant’s response and Council’s comment is provided below:-

1. Pursuant to the provisions of Section 79C (1)(a)(ii) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is inconsistent with the State Environmental Planning Policy No 55 – Remediation of Land with respect to failure to provide a preliminary investigation in accordance with the NSW Contaminated Land Planning Guidelines.

Comment:- A preliminary investigation was provided with this application. This report has been reviewed by Council’s Environment Division and is considered to be acceptable.

This reason has been satisfactorily addressed.

2. Pursuant to the provisions of Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is inconsistent with Wollongong Local Environmental Plan 1990 with respect to satisfaction of clause 11(2).

Applicant’s response:- the applicant has provided a new statement addressing the criteria contained within Clause 11. A copy of this statement is attached to this report.

Comment: An assessment of the proposal in relation to the Clause 11 criteria is provided below under the heading WLEP 1990. It is now considered that the application satisfactorily addresses the Clause 11 criteria.

3. Pursuant to the provisions of Section 79C (1)(a)(i) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is inconsistent with the objectives of the 2(b) Medium Density Residential zone under Wollongong Local Environmental Plan 1990 with respect to clause (c)(iii).

Applicant’s response:- the applicant has provided the following comment in relation to this reason:-

“The proposed development of a car wash facility is considered a commercial premise and will not cater towards a range of housing types or residential densities. However, the proposal will allow for some diversity in activity for the area. The site has previously featured commercial operations in the form of a service station, motor repair yard, take away facility and display/showroom. It is considered appropriate for commercial activity to continue on this site. The car wash facility will include limited bulk and will be of single storey. This bulk and scale is similar, if not lesser than that of previous construction to the site,



whereby it is not considered there will be a detraction from the character of the locality, relative to the existing development on the site.

The previous uses on the site as a commercial premise generated traffic due to the nature of the facilities. The car wash facility will provide another commercial premise but will be limited in the hours of operation, from 8am to 8pm. There will be no traffic to the premise outside of these hours where the site will be secured through the use of fencing and a security gate fronting Windang Road. The car wash bays are limited to six (6) in number with an additional four (4) vacuum bays. There are a total of ten (10) bays for public use and it is not considered this number of cars will generate a significant volume of traffic, when considering current traffic volumes on Windang Road and the level of traffic which was generated by the previous commercial uses on the site. There is sufficient area included on the site, outside of the car washing and vacuum bays, where additional vehicles may queue on the site instead of creating possible queuing on Windang Road.

The site has been utilised for facilities other than residential uses and this existing history suggests that development for commercial use will not further detract from the character of the locality or amenity of existing development nearby. The car wash facility will not operate after 8pm to limit noise impacts upon adjacent residents during night time hours. The car wash facility will service the residents of the area, and will allow residents to wash vehicles on a site that utilises environmental management practices including rainwater harvesting. There will also be fencing provided to limit noise and to provide security for the site and surrounding residents. Landscaping will feature on site boundaries to address visual amenity concerns.

It is therefore considered that the site is suitable for continued use of a commercial premise, which will provide a service for the area. The facility will allow for a diversity of activity on a site which has historically been utilised for commercial activity. Noise considerations have been considered and the use of the site has therefore been limited to prevent detrimental impacts to residents at night time. There are no similar facilities in the immediate area and the facility will therefore satisfy a community need.”

Comment:- this issue is commented on below in relation to WLEP 1990. Objective (c) of the 2(b) zone is considered to be now satisfied, addressing this reason for refusal.

4. Pursuant to the provisions of Section 79C (1)(a)(ii) of the Environmental Planning and Assessment Act 1979, it is considered that the proposed development is inconsistent with the Draft Wollongong Local Environmental Plan 2009 as it relates to objectives and permissible development in the R2 Low Density Residential zone.

Applicant’s response:- “Under the draft WLEP 2009, commercial premises are not permissible. It is considered, however, that the draft LEP fails to adequately take into consideration the nature of the previous land uses on the site, which have co-existed with adjacent residential development. Further, Council has advised the landowner that, whilst current changes to the zoning have not been made in the current LEP review, it is Council’s intention to comprehensively review the zoning of the Windang shopping precinct. He has indicated that Council has advised that this review will formalise a number of zone inconsistencies with regard to the commercial uses of land not presently zoned appropriately, however this work has been delayed due to staff resources.

Whilst commercial uses are not listed as a permissible use in draft WLEP 2009, it is noted that the proposed facility can satisfy objective (ii) of the proposed R2 Low Density Residential zone as the car wash facility will provide a service to meet the day to day needs of residents. There are no other car washing facilities in the immediate area and hence this facility will satisfy an immediate need. With current and justified climate change concerns, there is a need to provide an environmentally sustainable service for the community. The proposal seeks to harvest rainwater and recycle wash water whereby car washing detergents used on residential allotments can be confined to one site with the ability to collect car washing runoff, rather than leaching into soil and to ground water systems.

The proposal is considered to be of suitable scale and height, being of a single storey of 5m in height. A section of the existing structure on the site will remain and will be incorporated into the new development, providing a façade which is not significantly changed from that which currently exists.

The site has previously been operating as a commercial use for 50 years. Previous facilities of similar nature and scale have provided a service for the community such as the Shell service station. Whilst the proposed use will not be permissible under draft LEP 2009, it is considered that having regard to the history of land uses on the site, it would be reasonable for Council to not refuse the application based on



its future non-permissibility. Alternatively, Council is requested to place emphasis on the development’s current permissibility under WLEP 1990 and the manner in which the proposed development can satisfy the objectives of the zone and other relevant clauses of WLEP 2009….”

Comment: Council has chosen to retain the residential zoning under the provisions of LEP 2009 in relation to the subject site. It is noted that the landowner did not make a submission in response to the exhibition of the draft LEP. Council may elect to further consider the zoning of the site in future, however it is not known at this time what that review may entail or what its outcomes may be. Since lodgement of this Section 82A request for review, draft WLEP 2009 has been notified though Council can only consider the LEP as exhibited. The LEP would not permit the proposed development. However, regard must be given to the objectives of the R2 zone as well as the draft zoning table. The second objective of the zone is “to enable other land uses that provide facilities or services to meet the day to day needs of residents”.

It is noted that the LEP does not define the ‘day to day needs of residents’ however the list of permissible development in the zoning table for the R2 zone provides an indication as to what might be considered to be a ‘day to day need’. This includes developments such as child care centres, educational establishments, health consulting rooms, hospitals, neighbourhood shops, places of public worship, recreation facilities, and veterinary hospitals. Having regard to the nature of these permitted uses and the frequency of average resident visitation to such uses, a car wash could be viewed to also provide a ‘day to day need’. In this sense, the proposed development is considered to be consistent with the second objective of the R2 zone.

This reason for refusal has been satisfactorily addressed.

5. Pursuant to the provisions of Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development fails to demonstrate satisfactory vehicle turning and manoeuvring.

Comment:- amended plans were provided with this application which have resolved this issue.

This reason has now been satisfactorily addressed.

6. Pursuant to the provisions of Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development fails to demonstrate satisfactory acoustic performance in accordance with the NSW Industrial Noise Policy 2000.

Comment:- an acoustic report has been provided which has been reviewed by Council’s Environment Division. The report is considered to be adequate. It recommends certain works be undertaken to ensure noise impacts are not unreasonable.


7. Pursuant to the provisions of Section 79C (1)(b) of the Environmental Planning and Assessment Act 1979, the proposed development would have an adverse visual impact due to retention of the awning/display structure in the front setback.

Comment:- since determination of the original DA, the awning/display structure has been removed from the site.


8. Pursuant to the provisions of Section 79C (1)(d) of the Environmental Planning and Assessment Act 1979, it is considered that having regard for public submissions, the development is unsuitable with respect to amenity impacts resulting from the proposed operating hours and activities, materials and processes to be used.

Comment:- the applicant has provided an acoustic report which provides recommendations for noise attenuation. The applicant notes that road traffic noise is currently the dominant noise source for surrounding residents. The acoustic fence required to be constructed to the northern, southern and eastern boundaries of the site will reduce traffic noise to these properties by up to 5dB and therefore improve amenity in relation to road traffic noise. Other noise attenuation measures are recommended.

Concerns were initially raised in relation to light spill due to the proposed hours of operation (being 8am – 8pm). The applicant has sought to address this issue by proposing amended trading hours of 8am – 8pm during the summer months and 8am – 6pm during the winter months. It is considered that reduced operating hours in winter will address this issue.



There were a number of submissions received in response to the notification of this request for review of determination. These submissions are outlined below. This assessment concludes that amenity impacts will not be unreasonable.

This refusal reason is now satisfactorily addressed.

9. Pursuant to the provisions of Section 79C (1)(e) of the Environmental Planning and Assessment Act 1979 it is considered that in the circumstances of the case, approval of the development would set an undesirable precedent for similar inappropriate development and is therefore not in the public interest.

Applicant’s response:-

“The property has previously been utilised for the purposes of a commercial premise and is therefore a unique site which will not set a precedent for other commercial uses on residential zoned properties. The development will provide an environmentally sound service for the local community and surrounding residents. Further, the use of the site for continuing commercial use is in the public interest as it will allow for the development of a site which is currently unutilised and has the potential to become further degraded. A commercial premise such as this facility will attract patrons to the site throughout the day, thereby allowing for activity and surveillance which will potentially minimise future vandalism.

It is further noted that approval of a car wash facility on residential zoned land will not set an isolated precedent as Council has previously approved other car wash uses on residential zoned land after advertising and consideration of issues under Clause 11 of WLEP 1990. This includes at least approval for two separate car wash facilities in 2007, with both such facilities located in 2(a) Low Residential zones. Both such proposals were approved after consideration of a Clause 11 submission.

This includes DA-2007/1191 for which Council granted approval for the ‘construction of a hand car wash and café facility’ at 185-189 The Avenue and 2 Cleverdon Crescent, Figtree, and DA-2007/1064 for a ‘car wash facility’ at Prince Edward Drive, Dapto.

Whilst the site at Figtree previously housed a service station, the site at Kanahooka has no history of commercial use. Hence, given that Council has issued approval for similar uses on sites with similar zonings, even where a site has no history of commercial use, it cannot be argued by Council that approval of this application will create an undesirable precedent.

In support of this argument, the importance of providing strategically located carwashing facilities is also noted. Due the increasing awareness of the impacts of climate change and water restrictions, residents are seeking an environmentally sustainable facility to carry out car cleaning activities. A self service facility allows for environmentally sustainable use of water, where water is collected and recycled and utilises sufficiently less water than automated carwashes often associated in conjunction with service station facilities. On this basis it is considered that the proposal will provide a service for the area that is in the public interest and will not set a precedent considering the previous nature of use on the site and Council’s history of approvals for similar car wash facilities.”

Comment: - it is agreed that the site is unique in that Council records confirm that it has been continuously occupied by commercial activities of differing types for over 50 years.

Given that the other reasons for refusal have been addressed through the amended plans and additional information provided with this application, the proposal is no longer considered to be an inappropriate development of the site and is now considered to be generally in the public interest. This reason for refusal is now resolved.



Section 79C In determining a development application, the consent authority must take into consideration matters referred to in Section 79C(1) of the EP&A Act 1979 as are of relevance to the development. The following table summarises the relevant matters of consideration under Section 79C(1) and the significant matters are discussed in further detail further in the report.

Section 79C(1) of the Environmental Planning and Assessment Act 1979

(a)(i) any environmental planning instrument

State Environmental Planning Policies • SEPP No. 55 – Remediation of Land • SEPP 64 – Advertising and Signage • SEPP 71 – Coastal Protection • SEPP (Infrastructure) 2007

Regional Environmental Planning Policies • Illawarra Regional Environmental Plan No. 1, 1986 (deemed SEPP)

Local Environmental Planning Policies • Wollongong Local Environmental Plan 2009 • Wollongong Local Environmental Plan (WLEP) 1990 Detailed assessment is provided below the table.

(a)(ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority Nil.

(a)(iii) any development control plan

• Development Control Plan No.6 - Commercial and Industrial Development • DCP 54 – Managing our Flood Risks • Combined City Wide and City Centre s.94A Development Contributions Plan • Remediation of Contaminated Land Policy

(a)(iiia) Any planning agreement that has been entered into under section 93F, or any draft planning agreement that a developer has offered to enter into under Section 93F None applicable.

(a)(iv) the Regulations (to the extent that they prescribe matters for the purposes of this paragraph) Clause 92 of the Environmental Planning & Assessment Regulation 2000 prescribes the following matters for consideration:-

The NSW Coastal Policy where applicable; and In the case of a DA for the demolition of a building, the provisions of AS 2601-1991: The

Demolition of Structures. The proposal involves demolition of some of the existing structures within the site. If approved, a condition should be imposed requiring compliance with AS2601.

While the site is located within the Coastal Zone, the NSW Coastal Policy only applies to the seaward part of the LGA.




b) the likely impacts of development

Context and Setting: The site is located on the eastern side of Windang Road, with all adjoining and surrounding properties zoned and occupied by residential development. Although Windang Road is a busy road, properties on Kurrajong Street at the rear enjoy a quieter atmosphere. Concerns were previously raised in relation to noise impacts from the original proposal. The applicant has provided an acoustic assessment which provides recommendations for noise attenuation. If implemented, noise generated by the car wash facility is not expected to adversely impact on the amenity of neighbouring dwellings.

It is noted that while the site is zoned for residential purposes, Council records confirm that it has been continuously occupied by commercial uses since at least 1956. The character of the area is largely residential, however this site has been occupied by commercial uses for more than 50 years. A car wash on the site will not considerably alter the character of the locality.

Access, Transport and Traffic: The proposal retains the two existing driveways from Windang Road. The RTA and Council’s Traffic Section have raised no concerns in relation to the proposed access, egress and manoeuvring arrangements. Servicing arrangements are also considered to be satisfactory.

Public Domain: The appearance of the proposed structures is adequate. New landscaping works will assist in improving the appearance of the site.

Utilities: The site has been formerly used for commercial showroom, and it is expected that utilities available to the existing showroom building will continue to be available to the proposed car wash. Sydney Water approval will be required if consent is granted.

Heritage: No heritage items will be impacted by the proposal.

Other land resources: The proposal is not envisaged to adversely impact upon any valuable land resources.

Water: Rainwater harvesting and water recycling is proposed. The applicant indicates that around 90% of the water used will be recycled. Recycled water will be used for car washing, with fresh water from the rainwater tank or local supply to be used for final rinsing.

Waste water will be disposed of to the sewer, and a Trade Waste Permit must be obtained from Sydney Water. A condition should be imposed, if consent is granted, requiring bulk detergents, degreasers and any other volatile substances to be stored within a bunded area above the 1 in 100 year flood level.

Soils: The site is identified on Council’s property information system as containing acid sulfate soils. The land is also known to be potentially contaminated due to previous land uses which included a service station. The decommissioned underground storage tanks are proposed to be removed and remediation will be required. If approved, conditions should be imposed relating to remediation, site validation, and testing for acid sulphate soils.




Air and Microclimate: The proposal is not expected to adversely impact air or microclimate.

Flora and Fauna: Removal of existing landscaping is proposed which is considered suitable by Council’s Landscape Section. Replacement landscaping is proposed.

No other impacts on flora or fauna are expected as a consequence of the proposed development.

Waste: A waste management plan has been provided in relation to the demolition and construction phases. The plan is acceptable. If approved, conditions should be imposed requiring compliance with this plan.

An operational waste management plan has also been supplied. The applicant anticipates that the development will generate around 4000L – 5000L of waste per week, which will be stored on site and collected at least twice weekly by a private contractor.

Waste water generated by car washing will be treated and recycled on site. All waste water discharged from the site must be disposed of to the sewer. A trade waste permit will be required to be obtained from Sydney Water.

Energy: Details of energy consumption have not been provided. Excessive electricity consumption is not anticipated.

Noise and vibration: An acoustic assessment has been provided with the application, the purpose of which was to identify the predicted noise impact of the development on surrounding residential properties and to specify any noise mitigation measures that may be required. The report identifies that the proposed car wash can meet the applicable noise criteria subject to the implementation of the following mitigation measures:-

- installation of a rapid roller shutter at the entry to the automatic car wash; - installation of a 2.4m high noise barrier along the northern, eastern and southern boundaries of

the site, to be constructed of either double lapped timber paling fencing or single lapped timber palings with a layer of compressed fibre cement sheeting.

The applicant has indicated that a 2.4m high double lapped timber fence with upper level Perspex panels will be erected on the side and rear boundaries.

It is noted that the residents occupying the dwellings to the direct south, north and east of the site will experience a traffic noise reduction of up to 5db from Windang Rd as a result of installing the above acoustic fence. Council’s Traffic Engineer has raised a concern in relation to the impact of the fence on sightlines for vehicles, however this can be resolved through using transparent materials for part of the length of the acoustic fence.

No vibration impacts are expected.

Natural hazards: The site is flood affected. No concerns have been raised in relation to flooding by Council’s Stormwater Section. A condition regarding storage of detergents and potential pollutants in a bunded area has been recommended to prevent a pollution incident in the event of a flood.




Other/ technological hazards: As mentioned above, the site is known to be contaminated and remediation will be required. The soil is potentially acid sulphate also and will require testing and appropriate handling.

There are no technological hazards affecting the site that are relevant to the proposal.

Safety, Security and Crime Prevention: The proposal does not appear to result in any opportunities for criminal or antisocial behaviour. A staff member will be present on site during business hours. This is likely to reduce the likelihood of antisocial behaviour. A 1.8m high palisade fence with sliding gates will be erected along the front property boundary. The gates will be closed outside of business hours.

Social Impact: Amenity impacts such as noise and light spill can be adequately addressed through limiting hours of operation and the implementation of the noise attenuation measures as recommended by the applicant’s acoustic report.

No other adverse social impacts are envisaged.

Economic Impact: The proposal is not expected to create any negative economic impact. The car wash will provide a limited number of construction and ongoing employment opportunities.

Site Design and Internal Design: The site design is considered to be acceptable - the proposal provides for adequate car parking and suitable access/egress and manoeuvring arrangements.

Construction: Construction impacts are unlikely to be unreasonable subject to compliance with standard conditions relating to matters such as construction hours, appropriate waste management and traffic control.

If approved, Council could impose a condition of consent requiring WorkCover be contacted for any demolition or use of any crane, hoist, plant or scaffolding.

Cumulative Impacts: Concerns initially raised in relation to adverse residential amenity and traffic impacts have been resolved. The proposed development would not be permitted under the provisions of Wollongong LEP 2009, however having regard to the objectives of the R2 zone under draft WLEP 2009 and the nature of previous land uses on the site, it could be argued that the proposal is not inappropriate.




c) the suitability of the site for development

Does the proposal fit in the locality? As noted elsewhere, the site is zoned for residential purposes however has continuously been occupied by commercial activities for more than 50 years. The proposal will continue the commercial usage of the site which will not significantly alter the character of the locality. There are a number of other commercial activities within the precinct, including the Windang Hotel to the south (51m from the site), a service station on the western side of Windang Road (to the north-west; 70m from the site), and a mixed use commercial development on the south-western side of Windang Road (120m from the site). Both the service station and mixed use developments are located within the residential zone.

Are the site attributes conducive to development? There are no hazards which would prevent the development of the site for the purposes of a car wash. The site’s frontage to a main road is advantageous, however the site is zoned for residential purposes. Having regard to the objectives of the 2(b) zone under WLEP 1990 and the objectives of the R2 zone under WLEP 2009, the proposal is not considered to be unacceptable.

d) any submissions made in accordance with this Act or the regulations The application was notified in accordance with Council “Development Assessment and Compliance Notification Policy”. At the conclusion of the notification period, five (5) submissions were received which are discussed in section 15.1 of this report

Submissions from public authorities The RTA was consulted as the site has frontage and gains access/egress from/to Windang Road which is a classified road. The RTA has not raised concerns and its comments are outlined below.

e) the public interest Approval of the application is not inconsistent with the public interest.

5 State Environmental Planning Policy No.55 – Remediation of Land (SEPP 55)

SEPP 55 applies to contaminated or potentially contaminated land. Council’s property records indicate all 3 allotments are identified as contaminated land. The aims of SEPP 55 are:

(2) In particular, this Policy aims to promote the remediation of contaminated land for the purpose of reducing the risk of harm to human health or any other aspect of the environment:

(a) by specifying when consent is required, and when it is not required, for a remediation work, and

(b) by specifying certain considerations that are relevant in rezoning land and in determining development applications in general and development applications for consent to carry out a remediation work in particular, and

(c) by requiring that a remediation work meet certain standards and notification requirements.

Clause 7 requires the consent authority to consider whether land is contaminated. If it is contaminated, the consent authority must be 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. 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.

Council must consider a preliminary investigation of the land concerned carried out in accordance with the contaminated land planning guidelines.

A preliminary investigation undertaken in November 2009 was provided with the applicant’s request for a review of determination. The investigation identified the location of four (4) underground petrol tanks situated within the site, which have been decommissioned. It recommends the removal of two of the tanks. The other two tanks have been filled with concrete and can remain in situ. The report concludes



that the proposed change in land use to a car wash will not pose any additional risk of exposure to contamination.

The preliminary investigation has been reviewed by Council’s Environment Division and conditions have been recommended for imposition if consent is granted. It is recommended that a condition be imposed requiring the removal of 3 of the underground storage tanks. Other various conditions are also recommended including the requirement for a validation report to be completed once the tanks are removed.

Based on the preliminary investigation report and the remediation works to be undertaken, the consent authority can be satisfied that the land will be suitable for the use proposed.

6 State Environmental Planning Policy No.64 – Advertising and Signage (SEPP 64)

The plans and planning report lodged with the request for review of determination indicate that the following signage is proposed in conjunction with the car wash:-

• An existing freestanding identification sign which will be refaced with a sign reading ‘Windang Car Wash’. This sign is located adjacent to the southern boundary towards the front of the site. This sign was approved in 1986 in conjunction with the takeaway food outlet.

• Identification signage along the front of the awning of the self-service car wash bays, plant room and auto car wash – to read ‘Self serve car wash – Windang car wash – auto car wash’;

• Smaller instructional signage and labels around the site.

The signs have the following dimensions (taken from scale):-

• Building fascia sign approx. 36.2m x 1.3m = 47.06m2 (total fascia area) • Pole sign approx. 1.8m x 5.3m = 9.54m2. Overall height measured from ground = 3.3m.

Clause 8 of the SEPP requires that consent not be granted unless the Council is satisfied that the proposal meets the objectives set out in clause 3(1)(a) and the criteria set out in Schedule 1.

The proposed development is consistent with clause 3(1)(a) aims and objectives of the policy as follows:

(1) This Policy aims:

(a) to ensure that signage (including advertising):

(i) is compatible with the desired amenity and visual character of an area, and

(ii) provides effective communication in suitable locations, and

(iii) is of high quality design and finish, and

Schedule 1 Assessment Criteria

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? Council has not established a desired design character in an environmental planning instrument or other policy. The proposed signage is consistent with the established character of the area, as the site has been occupied by commercial activities including signage for more than 50 years.

• Is the proposal consistent with a particular theme for outdoor advertising in the area or locality? No advertising theme established.

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? No, signage consistent with approved buildings.



3 Views and vistas

• Does the proposal obscure or compromise important views? No

• Does the proposal dominate the skyline and reduce the quality of vistas? No

• Does the proposal respect the viewing rights of other advertisers? Yes

4 Streetscape, setting or landscape

• Is the scale, proportion and form of the proposal appropriate for the streetscape, setting or landscape? Yes

• Does the proposal contribute to the visual interest of the streetscape, setting or landscape? Yes – appropriate for existing building.

• Does the proposal reduce clutter by rationalising and simplifying existing advertising? N/A

• Does the proposal screen unsightliness? N/A

• Does the proposal protrude above buildings, structures or tree canopies in the area or locality? No

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? Fascia sign is compatible. The free-standing boundary sign is existing and has approval. Re-facing the sign will have no impact.

• Does the proposal respect important features of the site or building, or both? Yes

• Does the proposal show innovation and imagination in its relationship to the site or building, or both? N/A – no innovation but acceptable.

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? N/A

7 Illumination

• Would illumination result in unacceptable glare? No details of illumination have been provided. If approved, a condition will be imposed requiring that the sign remain un-illuminated to prevent impacts.

• Would illumination affect safety for pedestrians, vehicles or aircraft? N/A

• Would illumination detract from the amenity of any residence or other form of accommodation? N/A

• Can the intensity of the illumination be adjusted, if necessary? N/A

• Is the illumination subject to a curfew? N/A

8 Safety

• Would the proposal reduce the safety for any public road? No concerns have been raised in relation to this issue by either Council’s Traffic Section or the RTA.

• Would the proposal reduce the safety for pedestrians or bicyclists? No, no concerns have been raised in relation to this issue by either Council’s Traffic Section or the RTA. The signs are wholly within the site boundary.

• Would the proposal reduce the safety for pedestrians, particularly children, by obscuring sightlines from public areas? No, as above.



7 State Environmental Planning Policy No. 71 – Coastal Protection (SEPP 71) The site is located within the Coastal Zone, and is therefore subject to the provisions of SEPP 71. The site is located approximately 500 metres from the foreshore.

The proposal is consistent with the aims of the policy, which are as follows:-

Aims of Policy (a) to protect and manage the natural, cultural, recreational and economic attributes of the New South Wales coast, and (b) to protect and improve existing public access to and along coastal foreshores to the extent that this is compatible with

the natural attributes of the coastal foreshore, and (c) to ensure that new opportunities for public access to and along coastal foreshores are identified and realised to the extent

that this is compatible with the natural attributes of the coastal foreshore, and (d) to protect and preserve Aboriginal cultural heritage, and Aboriginal places, values, customs, beliefs and traditional

knowledge, and (e) to ensure that the visual amenity of the coast is protected, and (f) to protect and preserve beach environments and beach amenity, and (g) to protect and preserve native coastal vegetation, and (h) to protect and preserve the marine environment of New South Wales, and (i) to protect and preserve rock platforms, and (j) to manage the coastal zone in accordance with the principles of ecologically sustainable development (within the meaning

of section 6 (2) of the Protection of the Environment Administration Act 1991), and (k) to ensure that the type, bulk, scale and size of development is appropriate for the location and protects and improves the

natural scenic quality of the surrounding area, and (l) to encourage a strategic approach to coastal management.

8. Matters for consideration The matters for consideration are the following:

Criteria Comment

(a) the aims of this Policy set out in clause 2, The proposal is consistent with the policy aims.

(b) existing public access to and along the coastal foreshore for pedestrians or persons with a disability should be retained and, where possible, public access to and along the coastal foreshore for pedestrians or persons with a disability should be improved,

N/A - the proposal does not impede public access to the foreshore. No access is available through the site.

(c) opportunities to provide new public access to and along the coastal foreshore for pedestrians or persons with a disability,

N/A – access through the site is not appropriate or necessary.

(d) the suitability of development given its type, location and design and its relationship with the surrounding area,

The design of the development is considered to be acceptable and amenity impacts can be managed through consent conditions, if the proposal is approved.

(e) any detrimental impact that development may have on the amenity of the coastal foreshore, including any significant overshadowing of the coastal foreshore and any significant loss of views from a public place to the coastal foreshore,

No impact on coastal foreshore is anticipated.

(f) the scenic qualities of the New South Wales coast, and means to protect and improve these qualities,

No impact upon coastal scenic qualities.

(g) measures to conserve animals (within the meaning of the Threatened Species Conservation Act 1995) and plants (within the meaning of that Act), and their habitats,

N/A – site is developed and has existing buildings and concrete ground surface.



Criteria Comment

(h) measures to conserve fish (within the meaning of Part 7A of the Fisheries Management Act 1994) and marine vegetation (within the meaning of that Part), and their habitats

N/A

(i) existing wildlife corridors and the impact of development on these corridors,

N/A

(j) the likely impact of coastal processes and coastal hazards on development and any likely impacts of development on coastal processes and coastal hazards,

No coastal processes and hazards are likely to affect the site given its distance from the foreshore.

(k) measures to reduce the potential for conflict between land-based and water-based coastal activities,

N/A

(l) measures to protect the cultural places, values, customs, beliefs and traditional knowledge of Aboriginals,

N/A

(m) likely impacts of development on the water quality of coastal waterbodies,

Council’s Stormwater and Environment Sections have not objected to the proposed methods of stormwater disposal and on-site water recycling and disposal.

(n) the conservation and preservation of items of heritage, archaeological or historic significance,

N/A

(o) only in cases in which a council prepares a draft local environmental plan that applies to land to which this Policy applies, the means to encourage compact towns and cities,

N/A

(p) only in cases in which a development application in relation to proposed development is determined:

(i) the cumulative impacts of the proposed development on the environment, and

Cumulative impacts have been considered (water and energy use) and are satisfactory.

(ii) measures to ensure that water and energy usage by the proposed development is efficient.

No energy standard applicable. Water recycling is proposed, along with rainwater reuse.

Note. Clause 92 of the Environmental Planning and Assessment Regulation 2000 requires the Government Coastal Policy (as defined in that clause) to be taken into consideration by a consent authority when determining development applications in the local government areas identified in that clause or on land to which the Government Coastal Policy applies.

The NSW Coastal Policy 1997 only applies to the seaward part of the city.

8 State Environmental Planning Policy (Infrastructure) 2007 Windang Road is a classified regional road. Clause 101 of the SEPP relates to development of land with frontage to a classified road and provides the following objectives:-

(a) to ensure that new development does not compromise the effective and ongoing operation and function of classified roads, and

(b) to prevent or reduce the potential impact of traffic noise and vehicle emission on development adjacent to classified roads.

The consent authority must not grant consent to development on land that has a frontage to a classified road unless it is satisfied that: (a) where practicable, vehicular access to the land is provided by a road other than the classified road, and (b) the safety, efficiency and ongoing operation of the classified road will not be adversely affected by the development as

a result of: (i) the design of the vehicular access to the land, or



(ii) the emission of smoke or dust from the development, or (iii) the nature, volume or frequency of vehicles using the classified road to gain access to the land, and

(c) the development is of a type that is not sensitive to traffic noise or vehicle emissions, or is appropriately located and designed, or includes measures, to ameliorate potential traffic noise or vehicle emissions within the site of the development arising from the adjacent classified road.

In relation to (a), access can only be obtained to the site from Windang Road. The RTA and Council’s Traffic Section have both considered the proposed development and have not raised any concerns in relation to the proposed access arrangements or in relation to the impact of the proposed development on the safety, efficiency or ongoing operation of Windang Road.

The development is not of a type that will be sensitive to either traffic noise or vehicle emissions.

The proposed development is not traffic generating development for the purposes of the SEPP.

9 Illawarra Regional Environmental Plan No.1, 1986 From 1 July 2009, IREP No. 1 is a deemed State Environmental Planning Policy.

The aim of this plan is to ‘maximise the opportunities for the people of the region and the State to meet their individual and community economic and social needs with particular reference to the way in which these needs are related to the allocation, availability, accessibility and management of the region’s land resources’. The proposal is consistent with these aims.

No specific provisions relate to the proposal.

10 Wollongong Local Environmental Plan 1990 (WLEP 1990)

The development application and this Section 82A request for review of determination were lodged prior to the notification of WLEP 2009 (26 February 2010). As per Clause 1.8A of Wollongong LEP 2009, if a development application has been made before the commencement of the new LEP and the application has not finally been determined before that commencement, the application must be determined as if the LEP had not commenced.

Accordingly the site is zoned 2(b) Medium Density Residential pursuant to WLEP 1990. Adjoining land, with the exception of Lot 9 to the direct rear of the land, is similarly zoned 2B Residential. Lot 9 is zoned 6A Public Recreation and contains the Windang Senior Citizens centre. Land to the south containing the Windang Hotel is zoned 6C Tourism.

Figure 2 WLEP 1990 zoning – 2(b) Medium Density Residential The objectives of the 2(b) Medium Density residential zone are:

(a) to cater for a wide range of housing types, essentially domestic in scale and character, and

(b) to allow for a range of residential densities and for urban consolidation in appropriate locations, and

(c) to allow some diversity of activities and densities provided:



(i) scale and height are comparable to those in the locality, and

(ii) there is little increase in traffic generation, and

(iii) there will be no significant detraction from the character of the locality or the amenity of any existing or proposed development nearby.

Objectives (a) and (b) are not of particular relevance to the proposed development. Objective (c) is relevant. The LEP does not define locality but it is reasonable to consider the built form on adjoining sites, which varies considerably. Properties to the rear comprise residential development and a recreation facility, while those on Windang Road include both residential buildings and commercial buildings. There is no consistent building scale and height. The proposed development is of single storey height and is therefore considered to be comparable with those in the locality.

Traffic generation has not been raised as a point of concern by Council’s traffic engineer or the RTA. The applicant indicates that the development is likely to generate 120 cars per day, resulting in 240 vehicular movements per day. This is significantly more traffic than would be generated if the site was occupied by residential development (approx 9 vehicular movements per dwelling per day; ie. around 27 vehicular movements per day). The impact on Windang Road through traffic generation would be minimal however as this road carries significant traffic volumes.

Having regard to subclause (c)(iii), it is noted that the character of the locality is predominantly residential, however there are some properties fronting Windang Road occupied by commercial activities. These include the Windang Hotel located 50m to the south of the site, a service station located within 70m to the north-west of the site, and a mixed commercial development located 120m to the south-west of the site. The scale and height of the proposed development is comparable to the scale and height of nearby development. While the nature of the development is not comparable with immediately adjoining dwellings (being commercial in nature and generating more vehicular movements than residential allotments), the site has been continuously used for commercial purposes since 1956 and in this sense, the character of development on the site will not significantly change if the development is approved.

Concerns were previously raised by Council in relation to potential amenity impacts on existing adjoining residential properties due to noise from machinery and customer vehicles. The applicant has provided an acoustic report with this request for a review of determination. This report demonstrates that noise generation from the development can be mitigated through the implementation of noise attenuation measures including an acoustic barrier erected along the northern, southern and eastern property boundaries. The proposed hours of operation are 8am-8pm, seven days a week during the Summer months and 8am – 6pm during the Winter months. This is an increase on the operating hours of the former ‘Totalspan’ showroom. In addition to noise impacts (which can be mitigated), light spill from the development into neighbouring properties may also result. If trading hours are limited to 8am – 6pm during winter, this will effectively prevent this impact.

Objective (c) is considered to be satisfied.

The proposed development constitutes ‘commercial premises’, which is defined as follows:

“commercial premises means a building or place used as an office or for other business or commercial purposes, but does not include a building or place elsewhere specifically defined in this clause or a building or place used for a purpose elsewhere specifically defined in this clause”

Commercial premises are permissible in the 2(b) Medium Density Residential zone with Council’s consent, following advertising and satisfaction of Clause 11. The original DA and this request for a review have been advertised.

Clause 11 reads as follows:-

“(2) The Council shall not grant consent to a development application to which this clause applies unless it is satisfied that:

(a) the development is consistent with one or more of the objectives of the zone in which it is proposed that it be carried out,

(b) the development is necessary for any one of the following reasons:

(i) it provides a service primarily for the area, (ii) it meets an urgent community need,



(iii) it comprises an owner-occupier operated small scale tourist related development, (iv) the most exceptional circumstances apply,

(c) no more appropriately zoned site or (if appropriate) accommodation is available in reasonable proximity to the proposed development or the proposed development constitutes a change from an existing use, within the meaning of Division 10 of Part 4 of the Act,

(d) adequate car parking (if relevant) can be provided and any increase in traffic will be small compared to existing traffic,

(e) there will be minimal interference with the amenity of the area,

(f) the development is generally in character with the scale and ambience of the immediate area, and

(g) if the development will provide a service, there is a clear need for the service in the area.”

The applicant has submitted a statement addressing Clause 11, which is attached in full to this report.

Each of the criteria in Clause 11 are addressed as follows:-

1. Clause 11(2)(a) the development is consistent with one or more of the objectives of the zone in which it is proposed that it be carried out.

The applicant contends that the proposal is consistent with objective (c) of the zone. Objective (c) reads:-

(c) to allow some diversity of activities and densities provided:

(i) scale and height are comparable to those in the locality, and

(ii) there is little increase in traffic generation, and

(iii) there will be no significant detraction from the character of the locality or the amenity of any existing or proposed development nearby.

Council comment:- this issue has been addressed above. The proposal is considered to be consistent with objective (c) and accordingly Clause 11(2)(a) is satisfied.

2. Clause 11(2)(b) the development is necessary for any one of the following reasons:

(i) it provides a service primarily for the area, (ii) it meets an urgent community need, (iii) it comprises an owner-occupier operated small scale tourist related development, (iv) the most exceptional circumstances apply,

The applicant contends that the development is necessary as it will provide a service primarily for the area; it will meet an urgent community need and the most exceptional circumstances apply.

In relation to (i), the applicant states that the facility will service the surrounding residential area. It provide a facility which utilises waster recycling and rainwater harvesting and provides a service for the neighbourhood in terms of reducing reliance on potable water and will limit detrimental impacts on stormwater and ground water through pollution. The area has limited public transport and consequently private passenger vehicles are highly relied upon. There is a need for a facility in this area which will allow for the continued maintenance of such vehicles. A car wash facility is not a ‘destination’ use like a larger commercial/retail development, and is not typically a facility which customers are likely to drive substantial distances to visit. The development will only attract consumers from the area.

In relation to (ii), the applicant states that with a high private vehicle usage in the southern suburbs and water restrictions which limit car washing activities, there is a service required to meet the needs of the community. There are a limited number of car wash facilities to service residential areas in the southern suburbs of Wollongong. Increased medium density housing within the area (with no on-site provision for a car washing area) will also improve demand for such a facility.

An ‘urgent community need’ has not been demonstrated.

In relation to (iv), the applicant contends that the most exceptional circumstances apply as the site is zoned for residential purposes but has operated for commercial purposes for the past 50 years which



warrants consideration under the ‘exceptional circumstances.’ This subclause requires that Council be satisfied that “the development is necessary….as the most exceptional circumstances apply”. This has not been demonstrated.

Council in its original assessment of the proposed development, considered this subclause to be satisfied by the proposed development. The applicant advises “car wash developments generally attract custom from a 5km radius, and there are no similar facilities in this area, meeting the requirements for servicing the local community”. Clause 11 does not define ‘service’ or ‘the area’, however ‘the area’ is understood to be the local neighbourhood and immediate surrounding area. If Council accepts that the proposal offers a ‘service’, a catchment of 5km is considered reasonable. It is noted however that there are two car wash facilities within this 5km radius of the subject site, being a car wash within Warilla (within approximately 1.8km) and a car wash at Warrawong (5km from the site). The applicant addressed the presence of these two car wash facilities in relation to Clause 11(2)(g) below.

On the basis of the above arguments and those presented in relation to Clause 11(2)(g), Clause 11(2)(b) is considered to be satisfied.

3. Clause 11(2)(c) no more appropriately zoned site or (if appropriate) accommodation is available in reasonable proximity to the proposed development or the proposed development constitutes a change from an existing use, within the meaning of Division 10 of Part 4 of the Act.

Neither Clause 11 nor the LEP define ‘available’ or ‘reasonable proximity’ for the purposes of this subclause. The dictionary definition of ‘available’ is “capable of being used; at one’s disposal”. ‘Available’ in the context of this subclause has been previously viewed as either for sale or lease. Vacant land may not be available if it is neither for sale or lease. ‘Reasonable proximity’ in this instance, as stated above, is considered to be a radius of 5km.

The applicant has undertaken a land use survey to assess the availability and suitability of surrounding land within reasonably proximity to the site. For the purposes of the investigation, a distance of 5km from the site was considered to be reasonably proximity. Four areas were identified as being suitably zoned, these included:-

- the 3(a) Mixed Use Commercial zoned land under Shellharbour LEP 2000 at Warilla and ‘Warilla Grove’ to the south of the site;

- the 3(b) Neighbourhood Business zoned land at Windang to the south of the site, fronting Windang Road;

- The 3(a) General Business zoned land within the Warrawong commercial business area to the north of the site; and

- The 3(d) Commercial Services zoned land at Warrawong fronting King Street.

These areas were surveyed to determine the presence of any available land. To the south within the area of land zoned 3B, there is currently one large vacant parcel comprising 6 allotments. This site is not considered to be ‘available’ however as Council has approved a commercial and retail building (DA-2007/1916) which is still a valid consent. This site is not available for either sale or lease.

A second site was identified within the Warrawong central business area fronting Cowper Street. The site has an area of 530m2 and is currently occupied by a two storey retail premises, which are occupied. The property is for sale however the applicant contends that this site is not available for the proposed development as its site area of only 530m2 is not large enough to accommodate the proposed development. Adequate on-site car parking, manoeuvring and queuing area could not be provided within a site of this size.

A third site was identified at 206 Shellharbour Road, Warrawong. The site also has an area of 500m2 which is not large enough to accommodate the proposed development. Upon enquiry the applicant found that the site was no longer available for lease.

Council comment:- The zones considered to be ‘more appropriate’ are those in which Council can consider a ‘commercial premises’ without needing to rely upon Clause 11. These zones are the business zones, the nearest of which to the site are the 3B zoned land to the south of the site within the commercial centre of Windang, the 3D commercial services zoned land at Warrawong and the 3A zoned land within the commercial core of Warrawong. All of these areas are considered to be within ‘reasonable proximity’ of the subject site given that it is a facility servicing vehicles.



The applicant has undertaken a survey of the appropriately zoned sites and has demonstrated that there are no available sites within reasonable proximity. Clause 11(2)(c) is considered to be satisfied.

4. Clause 11(2)(d) adequate car parking (if relevant) can be provided and any increase in traffic will be small compared to existing traffic.

The applicant states that the development will attract approximately 120 vehicles to the site per day, ie. approximately 240 vehicular movements per day. Traffic flows on Windang Road are already quite high, particularly during peak periods. It is likely that the development will predominantly attract passing trade. The applicant contends that the additional traffic generation will be proportionally minor compared to the current traffic flows on the adjacent roads.

Council comment:- adequate car parking has been provided within the site to service the proposal. It is agreed that the increase in traffic will be small compared to existing traffic carried on Windang Road. There will be no traffic impact on surrounding residential streets as access will be gained only from Windang Road. Again it is noted that the site has previously been used for commercial purposes.

Clause 11(2)(d) is satisfied.

5. Clause 11(2)(e) there will be minimal interference with the amenity of the area,

The applicant contends that the development is appropriately located having regard to the history of previous commercial use of the site. Further, the acoustic report recommends noise attenuation which will prevent noise impacts. The acoustic fence will also improve privacy and reduce current traffic noise impacts. The visual appearance of the development will be acceptable and landscaping works will improve the appearance of the site.

Council comment:- concerns were previously raised in relation to noise impacts resulting from the proposed machinery and customer vehicles. The applicant has submitted an acoustic report which provides recommendations for attenuation. If implemented, these attenuation measures will ensure that noise impacts are not unreasonable.

The original proposed hours of operation were 8am – 8pm, 7 days a week. In response to concerns raised in relation to potential light spill into neighbouring residential dwellings, the applicant has proposed reduced Winter trading hours of 8am – 6pm, 7 days a week. This will prevent light spill impacts.

No other amenity impacts are expected as a result of approval of the proposed development. Clause 11(2)(e) is satisfied.

6. Clause 11(2)(f) the development is generally in character with the scale and ambience of the immediate area

The applicant considers that whilst the site is located within a residential zone, it fronts a regional road which carries significant volumes of traffic. The character of the immediate area is therefore not a quiet suburban area due to the impact of traffic. The character of the area is also influenced by the existence of the Windang commercial area to the south which results in this strip having a mixed commercial/ residential character. The previous commercial uses of the site also impact on the character of the area. The proposed development is considered to be generally in character with the scale and ambience of the immediate area. The height and scale is comparable, the FSR is much less than the maximum and that of neighbouring sites and the proposed fence will not have a significant impact.

Council comment:- the proposed development is of a comparable scale and height to buildings in the vicinity. The site has continuously been occupied by commercial activities for more than 50 years and this is demonstrated in the existing structures and signage still existing on the site. The character of the immediate area will not alter significantly if the proposed car wash facility is approved.

Clause 11(2)(f) is satisfied.

7. Clause 11(2)(g) if the development will provide a service, there is a clear need for the service in the area.

The applicant states that there is a need for carwash services in this area to satisfy the needs of the growing community and the need for environmentally sustainable methods of car washing. There is high demand on private vehicle usage in the southern parts of Wollongong and Shellharbour due to a lack of public transport and the growing population. An environmentally sustainable car wash facility is required in the area to provide an alternative for car washing option for residents, which may reduce pollutants

4 ATTACHMENT 2 - Officer's Report to the IHAP 24 March 2010


entering Lake Illawarra and the ground water system. Continued demand for such facilities may also occur with an increased number of medium density housing developments being approved in the area which do not incorporate car washing facilities on site.

The applicant has produced a map illustrating the location of other car wash facilities in relation to the proposed site. The proposed facility will be a stand-alone, self-serve coin operated facility which it contends should not be compared to those which provide a manual car washing service to customers (such as the hand car wash facility at Warilla). This is due to the fundamental difference in the service provided and the cost which largely determines customer preference. The nearest self service car washing facilities are at Warrawong (5km to the north by road) and at Oak Flats (7km to the southwest by road). The applicant has identified that there are 7 car wash bays in total between these 2 self serve facilities which the applicant suggests indicates that the area is not well serviced.

The applicant states:

“As discussed above, in relation to clause 11(2)(b)(ii), there is a clear need for the service in the area given the high demand for vehicle usage in the southern suburbs of Wollongong and the Shellharbour locality. The facility will enable residents to care for their vehicles in an environmentally sustainable manner, where water restrictions limit washing activity and where appropriate collection of waste waters is required due to the proximity of the sensitive waters of Lake Illawarra. There is a clear need for this service in this location to minimise washing of vehicles on private land, thereby minimising the level of uncontrolled wastes and detergents entering Lake Illawarra.

Hence, based upon the lack of comparable self serve carwash facilities in this area and the need to provide an environmentally sensitive option for residents of Windang, it is considered that there is a clear need for this service.”

Council comment: - It is noted that ‘service’ is not defined by either Clause 11 or the LEP, however it is considered that the development will provide a service. The applicant has demonstrated that there is a need for car washing facilities within the area. The distinction between the hand car wash at Warilla and that proposed (being coin operated and self serve) and the likely price difference is acknowledged.

The applicant has demonstrated that there is a clear need for the car wash facility in this area. Clause 11(2)(g) is considered to be satisfied.

Clause 12 – a maximum floor space ratio (FSR) of 0.50:1 applies to land within the 2(b) Medium Density Residential zone. The applicant states that the FSR of the proposed development is 0.25:1 which is inclusive of the self-serve bays, automated car wash bay, vacuum bays and the plant and amenity building. Clause 12 is satisfied.

Clause 26 development in flood prone land requires Council to consider the impact of development on local catchments and flood conditions. The land is identified as ‘flood affected – uncategorised flood risk precinct’. Council’s Stormwater Division has no objection to the proposal and it is not considered to adversely affect flood conditions. Clause 30 services requires Council to be satisfied that the development is able to be serviced. The existing buildings/site are currently serviced and supply is anticipated to continue.

Clause 32 consideration of certain applications Subclause (1) requires Council to consider the ‘probable aesthetic appearance’ of the development when viewed from Windang Road (a main road). The visual impact is considered acceptable. Subclause (2) requires Council to consider the adequacy of car parking, the impact on Windang Road of vehicular traffic associated with the development and whether sufficient space exists within the site for manoeuvring and servicing. Council’s Traffic Section has reviewed the proposal and has raised no objection in relation to any of these issues.

11 Wollongong Local Environmental Plan 2009 Council’s Wollongong Local Environmental Plan 2009 (WLEP 2009) was publicly exhibited from 10 December 2008, with submissions closing 17 April 2009. The LEP was notified on 26 February 2010. The LEP relates to the majority of the Wollongong local government area and includes provisions relevant to the site.

At the time of exhibition, Clause 1.8A provided a savings provision which required Council to consider the LEP in its assessment of the application:-



If a development application has been made before the commencement of this Plan in relation to land to which this plan applies and the application has not finally been determined before that commencement, the application must be determined as if this Plan had been exhibited but had not commenced.

The land is zoned R2 Low Density Residential pursuant to WLEP 2009, as illustrated in Figure 3 below (extract of the draft zoning map):-

Figure 3 DWLEP 2009 zoning – R2 Low Density Residential

Clause 2.3(2) requires the consent authority to have regard to the objectives of the relevant zone when determining a development application. The objectives of the draft R2 Low Density Residential zone are:

• To provide for the housing needs of the community within a low density residential environment. • To enable other land uses that provide facilities or services to meet the day to day needs of residents.

The proposal does not meet the housing needs of the community. In reference to the second zone objective, the proposal will provide a facility or service. The LEP does not define the ‘day to day needs of residents’ however the list of permissible development in the zoning table for the R2 zone provides an indication as to what might be considered to be a ‘day to day need’. This includes developments such as child care centres, educational establishments, health consulting rooms, hospitals, neighbourhood shops, places of public worship, recreation facilities, and veterinary hospitals. These facilities or services are unlikely to be visited daily or frequently by the average resident. Having regard to the nature of these permitted uses (including the likely frequency of average resident visitation), a car wash could be viewed to also provide a ‘day to day need’. In this sense, the proposed development is considered to be consistent with the second objective of the R2 zone.

WLEP 2009 does not contain a specific definition for carwash facilities. The most appropriate definition provided by the Dictionary to the LEP is that of ‘business premises’ which is defined as follows:-

business premises means a building or place at or on which:

(a) an occupation, profession or trade (other than an industry) is carried on for the provision of services directly to members of the public on a regular basis, or

(b) a service is provided directly to members of the public on a regular basis, and may include, without limitation, premises such as banks, post offices, hairdressers, dry cleaners, travel agencies, internet access facilities, medical centres, betting agencies and the like, but does not include sex services premises.

There are no other more appropriate definitions. ‘Business premises’ are prohibited in the R2 Low Density Residential zone.

The following relevant provisions apply to the proposed development:-

Clause 4.3 Height of buildings – the Height of Buildings Map sets a maximum building height of 9m. All of the structures within the site will have an overall height less than 9m.



Clause 4.4 Floor space ratio – the Floor Space Ratio Map sets a maximum FSR of 0.5:1 for the site. As noted in relation to WLEP 1990, the proposed FSR is less than 0.5:1.

Clause 5.5 Development within the coastal zone – the site is located within the coastal zone. Consideration has been given to the matters prescribed by Clause 5.5(2) and (3) and the proposed development is considered to be satisfactory with regard to those matters.

Clause 5.9 Preservation of trees or vegetation – some vegetation removal is proposed which is considered to be satisfactory by Council’s Landscape Section.

Clause 6.1 Public utility infrastructure – requires Council to be satisfied that essential public utilities are available or will be available to service the development. The land is currently serviced with water, sewer and power and these are expected to be available to the proposed development.

Clause 6.3 Flood planning land - requires Council to consider the impact of development on local catchments and flood conditions. The land is identified as ‘flood affected – uncategorised flood risk precinct’ on Council’s records. Council’s Stormwater Section has no objection to the proposal and it is not considered to adversely affect flood conditions. Clause 6.5 Acid sulfate soils – requires Council to be satisfied the proposed development does not cause environmental damage through the disturbance, exposure or drainage of acid sulphate soils. Council’s Environment Division has considered this issue in its assessment of the proposal and has raised no concerns subject to conditions.

Clause 6.6 Earthworks – requires Council to consider the impact of earthworks on environmental processes. Some construction works are proposed which will involve soil disturbance. Council’s Stormwater Section has no objection to the proposal.

12 DCP 6 - Commercial and Industrial Development Assessment criteria – Commercial

Criteria Comment Design Materials appropriate for the building design.

Site areas N/A – no minimum site area prescribed.

Site coverage No set maximum, DCP 6 refers to a general aim of less than 70%. The proposal would comply.

Floor space N/A - DCP does not contemplate commercial development in residential zones. It is noted that the proposal complies with the maximum FSR provided by WLEP 1990 and draft WLEP 2009.

Transfer of development rights N/A

Setbacks Where the building abuts a residential zone, residential setback controls should apply to the development. The setbacks are considered to be reasonable. The neighbouring dwelling to the north has a reduced setback to the Windang Road frontage, while the dwelling to the south has a greater setback. The automated car wash bay is setback 9.65m from the front boundary, while the columns supporting the awnings over the vacuum bays are setback 1.1m from the front setback. The side boundary setbacks are considered to be acceptable as they are in accordance with the residential setback controls.

Higher buildings N/A – development not over 20 metres

Pedestrian paving N/A – site not in the CBD

Landscaping Vegetation removal and additional landscaping proposed

Advertising structures Requires development consent. Signs have been assessed above in relation to SEPP 64 and are considered to be generally satisfactory.



13 Combined City Wide and City Centre s.94A Development Contributions Plan The development would not require payment of a contribution as no increase in flor area is proposed.

14 Remediation of Contaminated Land Policy Council’s Remediation of Contaminated Land Policy was amended on 28 July 2003 and aims to:

• ensure that changes of land use will not increase the risk to human health or the • environment; • avoid inappropriate restrictions on land use; and • provide information to support decision making and to inform the community.

All 3 allotments are identified as contaminated land and were previously occupied by a service station.

The applicant has provided a preliminary investigation. Refer SEPP 55 discussion above.

15 Consultation Notification Policy The application was notified in accordance with Council “Development Assessment and Compliance Notification Policy” between 15 December 2009 and 20 January 2010. A notice was placed in the local newspaper on 23 December 2009. At the conclusion of the notification period, there were five (5) submissions (objections) received. The objections raised the following (summarised) concerns:-

Subject Specific concern Council comment

1/177 & 2/177 Windang Road Windang

Noise Traffic noise from Windang Road already has a significant impact on the amenity of residents. This business relies on passing traffic. The neighbouring residents will be impacted by increased braking on the inside lane, increased traffic leading to an increased number of accidents, more noise due to increased traffic numbers, horns and exhaust noise.

The applicant has provided an acoustic assessment which provides recommendations for noise attenuation. If implemented, Council’s Environment Division considers that noise impacts will not be unreasonable.

Character The character of Windang attracts thousands of tourists to the area. This business will not add to the character or quiet community nature of the area.

As noted above, the proposal is not considered to significantly alter the character of the locality as the site has a continuous 50 year history of previous commercial uses.

This area should be used for housing or for a business that adds to the community which encourages people to stop

The zone objectives seek to provide opportunities for housing as well as a diversity of uses which meet certain criteria. The proposal is considered to be consistent with the second of these objectives

Traffic/Access Increased traffic would make it harder for objector to enter and exit onto Windang Road.

The proposal has been reviewed by both Council’s Traffic Engineer and the RTA who have not raised any concerns in relation to this issue.

No need for car wash in the area

There are car washes both to the north and south of the proposal. Another car wash is not required in the area

The applicant has provided further information demonstrating a need for the development in the area – refer to discussion above in Section 10.




A car wash should be located near the golf course and not within a residential area

The proposal is permissible subject to satisfying Clause 11. The applicant has now satisfied this clause. Despite being zoned for residential purposes, the proposal is generally considered to be consistent with the third objective of the 2(b) zone.

179 Windang Road Windang (immediately neighbouring site to north)

Noise The acoustic report is deliberately misleading. The noise survey was undertaken during the period 30/09/09 through to 6/10/09, which is not a true indicator of background noise. This period was within the school holiday period including the October long weekend. To use this information as the base background noise is misleading.

Council’s Environment Officer (who is an accredited acoustic engineer) has reviewed the applicant’s acoustic report and considers that it to be satisfactory. No concerns were raised in relation to the timing of the background noise survey.

Six houses surround the site – these have not had to contend with noise producing businesses before.

The site has been used continuously for commercial purposes including a service station and take away food outlet since 1956. Some of these uses were quite intensive and would have generated significant traffic and noise.

This proposal will incorporate noise attenuation to ensure that noise impacts are not unreasonable.

Traffic & Access

Driveway abuts access driveway for car wash. Heavy traffic volumes already lead to considerable delays in exiting driveway. Car wash will increase traffic including use of inside lane which will exacerbate this problem.

All other businesses in Windang have rear lane or side street access. This business will have entry and exit to Windang Road which will have safety implications.

Neither the RTA nor Council’s Traffic Engineer have raised concerns in relation to this issue.

Need for Car Wash

There is another car wash 3.5km to the north and another 1.2km to the south. Another car wash is not needed.

The applicant has demonstrated a need for a self service car wash in this area. Refer to discussion in Section 10 above.

Vehicular Manoeuvring

Due to the location of the car wash, people will try to take boats into the facility. Inadequate manoeuvring area exists.

The proposal was initially proposed to service both cars and boats, however was modified to delete the boat washing component. The applicant considers that longer vehicles (either separate or in combination) should be prevented from using the facility and proposes signage directing that vehicles exceeding 6m not enter the site.




Privacy Impacts

Approval of this development will increase the possibility of criminal and perverted acts. This will affect our privacy and safety.

A 2.4m high solid acoustic fence is required to be erected on the northern, southern and eastern boundaries of the subject site. This fence will prevent noise transmission whilst also acting as a privacy screen for neighbouring properties. In relation to criminal and unsavoury conduct, a staff member will be present on site during business hours and the front security fence and gates will prevent unauthorised access outside of hours.

Safety of vehicles exiting car wash

Insufficient space between final wash area and site exit for water to leave brake pads. Could compromise safe braking.

The applicant was asked to consider this issue and has advised that there is no evidence of any adverse safety impacts resulting from vehicles being washed and having momentarily wet brakes.

187 Windang Road, Windang

Traffic & Access

Existing heavy traffic congestion; even more traffic will make it difficult to access my property and reverse onto Windang Road

No concerns have been raised in relation to this issue by either the RTA or Council’s Traffic Engineer.

Location There is no other commercial development within 2km. Claims that there are other commercial development in the area are misleading.

There are 3 commercial developments within a 120m radius of the subject site including the Windang Hotel, a service station and mixed commercial development on the western side of Windang Road. The character of the area is not entirely residential. The site has previously been used for commercial purposes. This is clearly evidenced by Council records and existing signage and buildings on site. The proposed development is not considered to be a significant departure from the existing character of the precinct.

Noise & trading hours

Noise from the car wash will go from 8am -8pm. I am a shift worker and this will impact on my sleep and quality of life

The proposed operating hours are 8am -8pm, 7 days a week during summer and 8am – 6pm during winter. Noise attenuation measures will be implemented to ensure that noise impacts are not unreasonable. The limit to winter trading hours will reduce potential light spill impacts.

Lack of need for car wash

There are 4 other car washes in the area – two at Warilla, one at Warrawong & one at Albion Park. The community will not benefit from another car wash

The applicant has demonstrated a need for a self serve car wash in this location – refer to discussion in Section 10 above.

189 Windang Road, Windang Traffic & Access

Traffic congestion is already heavy; difficult to access and exit property


Location There is no other commercial development within 2km. Claims that there are other commercial development in the area are misleading.

There are 3 commercial developments within a 120m radius of the subject site including the Windang Hotel, a service station and mixed commercial development on the western side of Windang Road. The




character of the area is not entirely residential. The site has previously been used for commercial purposes. This is clearly evidenced by Council records and existing signage and buildings on site. The proposed development is not considered to be a significant departure from the existing character of the precinct.

Lack of need for car wash

There are 4 other car washes in the area – two at Warilla, one at Warrawong & one at Albion Park. The community will not benefit from another car wash

The applicant has demonstrated a need for a self serve car wash in this location. Refer to discussion in Section 10 above.

Antisocial behaviour

An undesirable element may use the car wash as a meeting point, further disturbing residents’ lifestyles

The presence of a staff member on site may reduce the potential for unsocial behaviour to occur within the site. The site will be fenced and gates locked to prevent unauthorised access outside of trading hours.

52 Kurrajong St, Windang Noise Noise from machinery & extra traffic

noise will adversely affect shift workers’ quality of sleep

Noise attenuation measures will be implemented to ensure that noise impacts are not unreasonable. The applicant has reduced the winter trading hours to 6pm to prevent light glare impacts on neighbouring dwellings.

Traffic Existing congestion on Windang Road results in delays trying to turn left onto Windang Road. The development will exacerbate this problem


16 Internal consultation Stormwater This application has been assessed with respect to stormwater and flooding, and found to be satisfactory, subject to the imposition of conditions.

Landscaping No objection has been raised in relation to the proposed development subject to the imposition of conditions.

Traffic No objection has been raised in relation to the proposed development subject to the imposition of conditions.

Environment No objection has been raised in relation to the proposed development subject to the imposition of conditions. The conditions recommended for imposition include those relating to removal of hazardous materials such as asbestos; removal of underground storage tanks and associated pipes; remediation of contaminated soil and validation; erection of a 2.4m high acoustic noise barrier adjacent to the north, south and eastern boundaries; standard demolition and construction conditions; disposal of waste water to the sewer; storage of detergents, degreasers and other substances.



17 External consultation RTA

The RTA has raised no objection in relation to the proposed development, subject to the following conditions:-

• “Only two (2) access points to Windang Road from the subject property will be permitted

• The driveways shall be designed in accordance with Council standards

• The developer shall apply for a Road Occupancy Licence (ROL) from the RTA Traffic Operations Unit (TOU) prior to work commencing within the classified road reserve or within 100m of traffic signals. The application will require a Traffic Management Plan (TMP) to be prepared by a person who is certified to prepare Traffic Control Plans. Should the TMP require a reduction of the speed limit, a Direction to Restrict will also be required from the TOU. The developer shall submit the ROL application 10 business days prior to commencing work. It should be noted that receiving an approval for the ROL within this 10 business day period is dependant upon the RTA receiving an accurate and compliant TMP.”

Provided the above works are completed the RTA issues its concurrence under Section 138 of the Roads Act, 1993.

CONCLUSION & RECOMMENDATION This request for a review of determination has been assessed in accordance with Section 82A of the Environmental Planning and Assessment Act 1979. The proposal has been assessed with regard to the relevant matters for consideration prescribed by Section 79C(1) of the Act. The proposed development is permissible with consent only after advertising and satisfying Clause 11 of WLEP 1990. The proposal has been advertised and having regard to the applicant’s submissions, Clause 11 is considered to be satisfied. All other provisions of WLEP 1990 are satisfied.

Consideration has also been given to the provisions of Wollongong Local Environmental Plan 2009, which was an exhibited LEP at the time of lodgement of this request for review of determination. Consideration has also been given to other relevant DCPs, Codes and Policies. No concerns have been raised by the RTA and concerns previously raised in internal referrals have been resolved through the applicant’s submission of amended plans and further information.

The objections received in response to the proposal have been considered in detail and do not warrant either refusal or further amendment to the proposal.

Pursuant to Section 82A(4A), as a consequence of its review, the Council may confirm or change the determination. It is recommended that Council change the determination and approve the application subject to conditions.

ATTACHMENT 3 - Draft Conditions


DRAFT CONDITIONS – RD-2009/165/A General Matters

2 Building Work - Compliance with the Building Code of Australia All building work must be carried out in compliance with the provisions of the Building Code of Australia.

3 Construction Certificate A Construction Certificate must be obtained from Council or an Accredited Certifier prior to work commencing.

A Construction Certificate certifies that the provisions of Clauses 139-148 of the Environmental Planning and Assessment Amendment Regulations, 2000 have been satisfied, including compliance with all relevant conditions of Development Consent and the Building Code of Australia.

Note: The submission to Council of two (2) copies of all stamped Construction Certificate plans and supporting documentation is required within two (2) days from the date of issue of the Construction Certificate, in the event that the Construction Certificate is not issued by Council.

4 Occupation Certificate A final Occupation Certificate must be issued by the Principal Certifying Authority prior to occupation or use of the development. In issuing an Occupation Certificate, the Principal Certifying Authority must be satisfied that the requirements of Section 109H of the Environmental Planning and Assessment Act 1979, have been complied with as well as all of the conditions of the Development Consent.

5 Disability Discrimination Act 1992 This consent does not imply or confer compliance with the requirements of the Disability Discrimination Act 1992.

It is the responsibility of the applicant to guarantee compliance with the requirements of the Disability Discrimination Act 1992. The current Australian Standard AS1428.1 – Design for Access and Mobility is recommended to be referred for specific design and construction requirements, in order to provide appropriate access to all persons within the building.

6 Advertising Signage This consent authorises the erection of the advertising signs only as shown on the approved plan. Any additional advertising signage will require separate Council approval.

7 Flag Poles The flag poles illustrated on the plans are not approved by this consent.

8 No Degreasing of Motor Vehicles No degreasing of motor vehicles shall occur on site at any time.

9 Acoustic Fences The acoustic fence to be erected along the northern, southern and eastern boundaries of the site shall be painted or coloured in the one same colour.

10 Maintenance of Access to Adjoining Properties Access to all properties not the subject of this approval must be maintained at all times and any alteration to access to such properties, temporary or permanent, must not be commenced until such time as written evidence is submitted to Council or the Principal Certifying Authority indicating agreement by the affected property owners.

11 Removal of Underground Storage Tanks & Pipelines Underground storage tanks 1, 3 and 4 shall be removed from the site and disposed of. The voids shall be decontaminated and validated and refilled with clean sand. All connecting pipelines are to be removed and the pipeline trenches shall be decontaminated and validated and filled with clean sand. This work shall be completed prior to the issue of the Occupation Certificate.

ATTACHMENT 3 - Draft Conditions Page 293


12 Acoustic Fence & Other Treatments A 2.4 metre high noise barrier shall be erected inside the northern, southern and eastern property boundaries in accordance with the recommendations and specifications of the report prepared by Koikos Acoustic Pty Ltd to minimise noise intrusion to the surrounding properties, as amended by the letter of Koikas Acoustics Pty Ltd dated 4 May 2010 (Ref 1837).

All other recommendations contained within the Koikas Acoustic Pty Ltd Acoustic Assessment report shall be implemented at all times.

13 Access Restriction Only two access points to Windang Road from the subject property will be permitted.

14 Compliance with Statutory Authorities / Government Departments Compliance with the requirements of any Statutory Authorities or Government Departments such as, but not limited to:

• NSW Workcover Authority; • NSW Roads & Traffic Authority; • NSW Environment Protection Authority; • NSW Police Service; and • NSW Fire Brigades.

Prior to the Issue of the Construction Certificate

15 Fire Safety Schedule When issuing a Construction Certificate, a certifying authority must attach a Fire Safety Schedule specifying all of the fire safety measures required for the building to ensure the safety of persons in the building in the event of fire.

16 Section 73 Compliance Certificate A Section 73 Compliance Certificate under the Sydney Water Act 1994 must be obtained from Sydney Water Corporation. Application must be made through an authorised Water Servicing Coordinator. Please refer to the Building Developing and Plumbing section of the web site www.sydneywater.com.au then refer to "Water Servicing Coordinator" under "Developing Your Land" or telephone 13 20 92 for assistance.

Following application, a "Notice of Requirements" will advise of water and sewer infrastructure to be built and charges to be paid. Please make early contact with the Coordinator, since building of water/sewer infrastructure can be time consuming and may impact on other services and building, driveway or landscape design.

The Notice of Requirements must be submitted to the Principal Certifying Authority prior to issue of the construction certificate.

17 Disposal of Waste Water Waste water generated from car washing activities must be discharged to the sewer. The developer must acquire a trade waste permit from Sydney Water Corporation prior to the release of the Construction Certificate.

18 Fencing The fence and sliding gates located on the front boundary of the site shall have a maximum height of 1.8 metres.

19 Driveways The driveways shall be designed in accordance with Council’s standards.

20 Road Occupancy Licence The developer shall apply for a Road Occupancy Licence (ROL) from the RTA Traffic Operations Unit (TOU) prior to commencing work within the classified road reserve or within 100m of traffic signals. The application will require a Traffic Management Plan (TMP) to be prepared by a person who is certified to prepare Traffic Control Plans. Should the TMP require a



reduction of the speed limit, a Direction to Restrict will also be required from the TOU. The developer shall submit the ROL application 10 business days prior to work commencing. It should be noted that receiving approval for the ROL within this 10 business day period is dependent upon the RTA receiving an accurate and compliant TMP.

21 Works Upon Public Land - Section 138 of the Roads Act Prior to the commencement of any works on and or in: (i) The road; (ii) The road reserve or footpath; or (iii) Occupation of the road, road reserve or footpath; a Section 138 Road Occupancy Approval must be obtained from Council's Regulation and Enforcement Division.

Examples of works or activities upon land which require approval under S.138 include but are not limited to: (a) Loading or unloading machinery/equipment/deliveries; (b) Installation of a fence or hoarding; (c) Stand mobile crane/plant/concrete pump/materials/waste storage containers; (d) Pumping stormwater from the site to Council's stormwater drains; (e) Carrying out survey or investigation works; (f) Installation of services, including water, sewer, gas, stormwater and power; (g) Construction of new vehicular crossings or footpaths; (h) Removal of street trees; (i) Any activity which proposes an interruption to pedestrian and or vehicular traffic. (j) Carrying out demolition works (k) Materials or equipment delivered to and from site; (l) Installation of fence or hoarding

22 Car parking and Access The development shall make provision for a total of 3 car parking spaces. This requirement shall be reflected on the Construction Certificate plans. The approved car parking spaces shall be maintained to the satisfaction of Council at all times.

23 The parking dimensions, internal circulation, aisle widths, kerb splay corners, head clearance heights, ramp widths and grades of the car parking areas are to be in conformity with Australian Standard AS2890.1 (1993), except where amended by other conditions of this consent. Details of such compliance are to be reflected on the Construction Certificate plans.

24 The designated loading/unloading facility shall be kept clear for that purpose at all times. The designated loading/unloading facility shall be shown on the Construction Certificate plans.

25 The provision of suitable barriers, line-marking and painted signage delineating vehicular flow movements within the car parking areas. These details shall be reflected on the Construction Certificate plans.

26 The car parking areas and internal access roads shall be separated from the landscaped bays by means of a kerb or concrete dwarf wall. All kerbs required to act as wheel stops shall have a maximum height of 100 mm above ground. These details shall be reflected on the Construction Certificate plans.

27 If lighting of the site is required, ‘low impact’ floodlighting shall be used to ameliorate any light spillage and/or glare impacts upon surrounding properties. The final design details of the proposed lighting system shall be reflected on the Construction Certificate plans. The erection of the floodlighting system shall be in accordance with the approved final design. All lights shall be turned off at 8pm.

28 A minimum 2.2 metre headroom height shall be provided throughout the car parking and manoeuvring area. This requirement shall be reflected on the Construction Certificate plans.



29 Gradients of ramps and access driveways shall be provided in accordance with Australian Standard AS2890.1 (1993) - Off Street Car Parking. This requirement shall be reflected on the Construction Certificate plans.

30 Any proposed structures adjacent to the driveways (including neighbouring driveways) and adjoining properties shall comply with the requirements of the latest version of Australian / New Zealand Standard AS/NZ 2890.1 to provide for adequate sight distance. This includes, but is not limited to, structures such as signs, letterboxes, retaining walls, acoustic fencing, dense planting etc. This requirement shall be reflected on the Construction Certificate plans.

31 Landscaping Works The submission of a final Landscape Plan to the Principal Certifying Authority, prior to the release of the Construction Certificate. The final Landscape Plan shall address the following requirements: 31.1 a schedule of proposed planting, including botanic name, common name, expected

mature height and staking requirements as well as number of plants and pot sizes; 31.2 the location of all proposed and existing overhead and underground service lines. The

location of such service lines shall be clear of the dripline of existing and proposed trees.

The completion of the landscaping works as per the final approved Landscape Plan is required, prior to the issue of Occupation Certificate or commencement of the development.

32 The provision of common tap(s) and/or an irrigation system is required to guarantee that all landscape works are adequately watered. The location of common taps and/or irrigation system must be indicated on the Landscape Plan for the Construction Certificate, as detailed in the Wollongong City Council Landscape Technical Policy No 98/4. This requirement shall be reflected on the Landscape Plan prior to the release of the Construction Certificate.

33 The submission of certification from a suitably qualified and experienced landscape designer and drainage consultant to the Principal Certifying Authority prior to the release of the Construction Certificate, confirming that the landscape plan and the drainage plan are compatible.

34 The implementation of a landscape maintenance program in accordance with the approved Landscape Plan for a minimum period of 12 months to ensure that all landscape work becomes well established by regular maintenance. Details of the program must be submitted with the Landscape Plan to the Principal Certifying Authority prior to release of the Construction Certificate.

35 Utility Services The depth and location of all services (ie gas, water, sewer, electricity, telephone, traffic lights, etc) must be ascertained and reflected on the Construction Certificate plans and supporting documentation.

36 Should a proposed Vehicular Crossing be located where it is likely to disturb or impact upon a utility installation (ie power pole, Telstra pit etc) written confirmation from the affected supplier that they have agreed to the proposed impacts shall be submitted to the Principal Certifying Authority prior to the issue of the Construction Certificate.

37 The arrangements and costs associated with any adjustment to a public utility service shall be borne by the applicant/developer. Any adjustment, deletion and/or creation of public utility easements associated with the approved works are the responsibility of the applicant/developer. The submission of documentary evidence to the Principal Certifying Authority which confirms that satisfactory arrangements have been put in place regarding any adjustment to such services is required prior to the release of the Construction Certificate.

38 Dust Suppression Measures The submission of details of the proposed dust suppression measures for the demolition, excavation and construction phases of the development to the Principal Certifying Authority, prior to issue of the Construction Certificate.



39 Acid Sulphate Soils All excavation spoil must be tested for acid sulphate soil potential, prior to disposal off site or for use as fill material within the site.

40 Storage of Detergents etc Bulk detergents, degreasers and any other volatile substances used in the car wash facility must be kept in a bunded around above the 1 in 100 year flood level.

41 Collection and Discharge of Dirty Water from Car Washing Bay To avoid chemicals, grease and other pollutants from discharging from the development and causing harm to the environment, all cleaning, washing and degreasing of motor vehicles shall be carried out in an area set aside for the purpose. The area shall be drained to a sump and wastewaters cleansed via a coalescing plate separator prior to discharge into the sewer.

The submission of documentary evidence is required from the Trade Waste Section of Sydney Water Corporation confirming that satisfactory arrangements have been made with the Corporation regarding the disposal of dirty water into the sewerage system, prior to the release of the Construction Certificate.

42 Flood Compatible Materials Any portion of the building or structure below RL RL 2.96m AHD metres AHD should be built from flood compatible materials. Where alternative materials are proposed and not shown in Schedule 2 of Council’s DCP 54, relevant documentation from the manufacturer shall be provided to ensure the materials satisfy the definition of “flood compatible materials” as stated in DCP 54. This requirement shall be reflected on the Construction Certificate plans prior to the release of the Construction Certificate.

43 Parking area levels shall be designed and constructed to limit the 1 in 100 year ARI flood flow velocity and depth to within the vehicle stability limits as illustrated within Figure 5.1 of Wollongong City Council’s “Drainage Design Code”. Alternatively, the proposal shall comply with the requirements of section 2.5 of Council’s DCP 54. This requirement shall be reflected on the Construction Certificate plans prior to the release of the Construction Certificate.

44 The developer must obtain an easement to drain water over those parts of other land through which stormwater drainage from the land is to be conveyed. Evidence that the easement has been created must be submitted prior to the issue of the Construction Certificate.

45 Overflow paths must be provided to allow for flows of water in excess of the capacity of the pipe/drainage system draining the land, as well as from any detention storage on the land. Blocked pipe situations with 1 in 100 year ARI events must be incorporated in the design. Overflow paths must also be provided in low points and depressions. This requirement shall be reflected on the Construction Certificate plans prior to the release of the Construction Certificate.

46 Provision shall be made along the boundary of the property at the vehicular crossing/s to prevent waste and surface water entering the road reserve. This requirement shall be reflected on the Construction Certificate plans.

47 Barrier to Car Park A suitable barrier shall be provided to the proposed car parking areas to prevent vehicles from becoming moving debris and causing damage during a flood event. The barrier shall be capable of withstanding the impact of moving debris (i.e. vehicles). This requirement shall be reflected on the Construction Certificate plans and supporting documentation.

Prior to the Commencement of Works

48 Appointment of Principal Certifying Authority Prior to commencement of work, the person having the benefit of the Development Consent and a Construction Certificate must:



48.1 Appoint a Principal Certifying Authority (PCA) and notify Council in writing of the appointment. irrespective of whether Council or an accredited private certifier is appointed (if Council is nominated as the PCA please use the attached form) and

48.2 notify Council in writing (on the attached form) of their intention to commence the erection of the building (at least two days notice is required).

The Principal Certifying Authority must determine when inspections and compliance certificates are required.

49 Sign – Supervisor Contact Details Before commencement of any work, a sign must be erected in a prominent, visible position:

49.1 stating that unauthorised entry to the work site is not permitted; 49.2 showing the name, address and telephone number of the Principal Certifying Authority

for the work; and 49.3 showing the name and address of the principal contractor in charge of the work site and

a telephone number at which that person can be contacted at any time for business purposes.

This sign shall be maintained while the work is being carried out and removed upon the completion of the construction works.

50 Permit to Enter and Exit Demolition or Construction Site Any use of the footpath or road reserve for demolition or construction purposes requires Council approval under the Roads Act 1993.

Where it is proposed to carry out demolition activities or construction vehicles entering and leaving the site from a public road reserve and/or installation of a fence or hoarding, a permit must be obtained from Council’s Regulation and Enforcement Division prior to the works commencing.

51 Site Management, Pedestrian and Traffic Management (Where Works are Proposed in or from a Public Road Reserve) The submission, as part of an application for a permit under Section 138 of the Roads Act 1993, of a Site Management, Pedestrian and Traffic Management Plan to Council’s Manager Regulation and Enforcement for approval is required, prior to works commencing on the site. This plan shall address what measures will be implemented for the protection of adjoining properties, pedestrian safety and traffic management and shall be in compliance with the requirements of the latest versions of Australian Standard AS1742 - Traffic Control Devices for Works on Roads and the RTA Traffic Control at Worksites Manual.

This plan is required to maintain public safety, minimise disruption to pedestrian and vehicular traffic within this locality and to protect services, during demolition, excavation and construction phases of the development. This plan shall include the following aspects:

51.1 proposed ingress and egress points for vehicles to/from the construction site; 51.2 proposed protection of pedestrians, adjacent to the construction site; 51.3 proposed pedestrian management whilst vehicles are entering/exiting the construction

site; 51.4 proposed measures to be implemented for the protection of all roads and footpath areas

surrounding the construction site from building activities, crossings by heavy equipment, plant and materials delivery and static load from cranes, concrete pumps and the like;

51.5 proposed method of loading and unloading excavation machines, building materials formwork and the erection of any part of the structure within the site;

51.6 proposed areas within the site to be used for the storage of excavated material, construction materials and waste containers during the construction period;

51.7 proposed traffic control measures such as advanced warning signs, barricades, warning lights, after hours contact numbers etc are required to be displayed where works are in progress in any road reserve and shall be in accordance the latest versions of the NSW Roads and Traffic Authority’s Specification - “Traffic Control at Work Sites Manual”



and the Australian Standard AS1742. – “Manual of Uniform Traffic Control Devices” and accompanying field handbooks (SAA HB81);

51.8 proposed method of support of any excavation, adjacent to adjoining buildings or the road reserve. The proposed method of support is to be certified by an accredited certifier in Civil Engineering; and

51.9 proposed measures to be implemented, in order to ensure that no soil/excavated material is transported on wheels or tracks of vehicles or plant and deposited on the roadway.

The approved plan shall be implemented, prior to the commencement of any works upon the construction site.

Note: Any proposed works or placement of plant and equipment and/or materials within any road reserve will require the separate approval of Council, prior to the commencement of such works, pursuant to the provisions of the Roads Act 1993.

52 Temporary Toilet/Closet Facilities Toilet facilities are to be provided at or in the vicinity of the work site on which work involved in the erection or demolition of a building is being carried out at the rate of one toilet for every 20 persons or part of 20 persons employed at the site.

Each toilet provided must be:

52.1 a standard flushing toilet; and 52.2 connected to either:

52.2.1 the Sydney Water Corporation Ltd sewerage system or 52.2.2 an accredited sewage management facility or 52.2.3 an approved chemical closet.

The toilet facilities shall be provided on-site, prior to the commencement of any works. 53 Enclosure of the Site

The site must be enclosed with a suitable security fence to prohibit unauthorised access, to be approved by the Principal Certifying Authority. No building work is to commence until the fence is erected.

54 Protection of Public Places If the work involved in the erection or demolition of a building involves the enclosure of a public place or is likely to cause pedestrian/vehicular traffic in a public place to be obstructed or rendered inconvenient, or have the potential for conflict between pedestrians and vehicles:

54.1 A hoarding or fence must be erected between the work site and the public place; 54.2 an awning is to be erected, sufficient to prevent any substance from, or in connection

with, the work falling into the public place; 54.3 the work site must be kept lit between sunset and sunrise if it is likely to be hazardous to

persons in a public place; 54.4 safe pedestrian access must be maintained at all times; 54.5 any such hoarding, fence or awning is to be removed when the work has been

completed. 55 Supervision of Works and Notification to Council of Works in Road Reserve

The work shall be supervised by a suitably qualified and experienced Civil Engineer, Registered Surveyor or Civil Engineering Foreman. The supervisor’s name, address and contact details (including telephone number) shall be submitted to the Principal Certifying Authority and Council prior to the commencement of any works.

The submission of a written construction program and anticipated duration of the construction to Council is required prior to the commencement of any works within any public road reserve.

56 Public Liability Insurance All contractors working in Council’s road reserve and/or public reserve areas shall take out public liability insurance for a minimum amount of $10 Million. The policy shall specifically



indemnify Council from all claims arising from the execution of the works. Written evidence of this insurance shall be supplied to the Principal Certifying Authority and Council (in the event that Council is not the Principal Certifying Authority) prior to the commencement of any such works in any road reserve or public reserve area.

57 Footpath Levels Footpath levels must be obtained from Council’s Regulation and Enforcement Division prior to works commencing. This can be achieved by filling out an application form and payment of the relevant fee.

All such structures and internal driveways shall be constructed to these approved levels.

The longitudinal grade of the footpath must be parallel to the top of kerb level and all building entrance adjustments for level access to building floor levels must be developed within the private property of the building in accordance with the requirements of the latest versions of AS1428.1, the Building Code of Australia and the Disability Discrimination Act. No adjustments to the uniform and even longitudinal grade of the footpath at the boundary line will be permitted for access points to buildings.

A copy of the approved levels shall be submitted to the Principal Certifying Authority prior to works commencing.

58 Hazardous Building Materials Prior to any demolition works commencing, an accredited hygienist must be engaged to investigate the current structure for asbestos, roof dust, leads paint and other hazardous substances. Any asbestos or other contaminants discovered shall be removed in accordance with WorkCover guidelines.

59 Demolition Works The demolition of any existing structures shall be carried out in accordance with Australian Standard AS2601 (2001): The Demolition of Structures or any other subsequent relevant Australian Standard and the requirements of the NSW WorkCover Authority.

No demolition materials shall be burnt or buried on-site. The person responsible for the demolition works shall ensure that all vehicles leaving the site carrying demolition materials have their loads covered and do not track soil or waste materials onto the road. Any unforeseen hazardous and/or intractable wastes shall be disposed of to the satisfaction of the Principal Certifying Authority. In the event that the demolition works may involve the obstruction of any road reserve/footpath or other Council owned land, a separate application shall be made to Council to enclose the public place with a hoarding or fence over the footpath or other Council owned land.

60 Consultation with NSW WorkCover Authority Prior to any work commencing on the site it is the responsibility of the owner to contact NSW WorkCover Authority in writing in respect to any demolition or use of any crane, hoist, plant or scaffolding.

61 Contaminated Roof Dust Any existing accumulations of dust in ceiling voids and wall cavities must be removed prior to any demolition work commencing. Removal must take place by the use of an industrial vacuum fitted with a high efficiency particulate air (HEPA) filter.

62 Waste Management The developer must provide an adequate receptacle to store all waste generated by the development pending disposal. The receptacle must be regularly emptied and waste must not be allowed to lie or accumulate on the property other than in the receptacle. Consideration should be given to the source separation of recyclable and reusable materials.

63 Site Management Program – Sediment and Erosion Control Measures A site management program incorporating all sediment and erosion control measures (eg cleaning of sediment traps, fences, basins and maintenance of vegetative cover) is to be initiated



prior to the commencement of any demolition, excavation or construction works and maintained throughout the demolition, excavation and construction phases of the development.

64 Erosion and Sediment Control Measures Erosion and sediment control devices are to be installed prior to the commencement of any demolition, excavation or construction works upon the site. These devices are to be maintained throughout the entire demolition, excavation and construction phases of the development and for a minimum three (3) month period after the completion of the project, where necessary.

65 Erosion Controls – Vehicular Entry/Exit Points The vehicular entry/exits to the site must be protected from erosion and laid with a surface material which will not wash into the street drainage system or watercourse.

During Demolition, Excavation or Construction

66 No Adverse Run-off Impacts on Adjoining Properties The design of the development shall ensure there are no adverse effects to adjoining properties or upon the land as a result of flood or stormwater run-off. Attention must be paid to ensure adequate protection for buildings against the ingress of surface run-off.

67 Re-direction or Treatment of Stormwater Run-off Allowance must be made for surface run-off from adjoining properties. Any redirection or treatment of that run-off must not adversely affect any other property.

68 Forty Eight Hours Notice – Prior to Works Commencing in any Road Reserve The applicant shall consult with Wollongong City Council’s Regulation and Enforcement Division, giving 48 hours notice to arrange an on-site meeting, prior to any works commencing in any road reserve (footpath/carriageway). The purpose of the meeting will be to discuss any relevant issues such as a schedule of inspections, the need for a road opening permit and the provision of a traffic control plan as part of the works.

69 Restricted Hours of Work The developer must not carry out any work other than emergency procedures to control dust or sediment laden runoff outside the normal working hours, namely, 7.00 am to 5.00 pm, Monday to Friday and 8.00 am to 4.00 pm Saturday, without the prior written consent of the Principal Certifying Authority and Council.

No work is permitted on public holidays or Sundays.

Any request to vary these hours shall be submitted to the Council in writing detailing:

69.1 the variation in hours required; 69.2 the reason for that variation; 69.3 the type of work and machinery to be used.

Note: The developer is advised that other legislation may control the activities for which Council has granted consent including but not limited to the Protection of the Environment Operations Act 1997. Developers must note that EPA Environmental Noise manual restricts use of power tools (electronic or pneumatic) to between the hours of 7.00 am to 5.00 pm Mondays to Fridays and 8.00 am to 4.00 pm on weekends.

70 The developer must carry out work at all times in a manner which will not cause a nuisance, by the generation of unreasonable noise, dust or other activity, to the owners and/or occupiers of adjoining and adjacent land.

71 The lighting of the premises must be directed so as not to cause nuisance to the owners or occupiers of adjoining premises or to motorists on adjoining or nearby roads.

72 External Plant and Equipment External plant such as air conditioners, compressors and other machinery likely to emit noise shall be located so adjoining areas are not adversely affected.



73 Flood Signage The developer must provide flood indicators/flood warning signs to the parking area on the site to alert persons of the possible flood risk during an extreme storm event.

74 Flood Compatible Materials – Electrical All commercial power service (metering) equipment, wiring, power outlets, switches etc. shall be located above RL 2.96m AHD. All electrical wiring installed below this level should be suitable for continuous underwater immersion and should contain no fibrous components. Earth leakage circuit breakers must also be installed. Any equipment installed below or partially below the relevant flood level should be capable of disconnection by a single plug and socket assembly. All other items relating to flood compatibility shall comply with Schedule 2 of Council’s DCP 54 – Managing Our Flood Risks.

75 Fences All new fences constructed on the site and located in the flood plain shall be of a type that will not obstruct the free flow of floodwaters and not cause damage to surrounding land in the event of a flood. All fences shall still comply with the requirements of the report prepared by Koikos Acoustic Pty Ltd, as amended by the letter of Koikas Acoustics Pty Ltd dated 4 May 2010 (Ref 1837).

76 Redundant Crossings Any existing vehicular crossings rendered unnecessary by this development must be removed and the footpath and normal kerbing and guttering must be restored. This work shall be carried out by a Council recognised concrete contractor at the developer’s expense.

77 Reconstruction of Vehicular Crossings The applicant shall remove the existing and non complying concrete vehicular crossings and replace them with new industrial type concrete crossings to service the development in accordance with Council’s current policies and standards.

The applicant shall arrange, through Council’s Regulation and Enforcement Division for a Council qualified concrete contractor to carry out the works.

A copy of the approval shall be submitted to the Principal Certifying Authority prior to works commencing. The entire length of any vehicular crossings must be constructed:

a) to Council’s currently adopted standard drawings; b) for the full width of the footpath; and c) by one of Council’s qualified concrete contractors at the developer’s expense.

Prior to the Issue of the Occupation Certificate

78 Drainage WAE The developer shall obtain written verification from a suitably qualified civil engineer, stating that all stormwater drainage and related work has been constructed in accordance with the approved plans. In addition, a works-as-executed plan, prepared and signed by a Registered Surveyor must be submitted. These plans must include levels and location for all drainage structures and works, buildings (including floor levels) and finished ground and pavement surface levels. This information must be submitted to the Principal certifying Authority prior to the issue of the final occupation certificate.

79 Site Emergency Response Flood Report The submission of a report from a suitably qualified civil engineer to the Principal Certifying Authority is required, prior to the issue of the Occupation Certificate and commencement of use. The report shall incorporate an effective emergency response plan and procedure for the subject site in the early stages of a storm event up to and including a Probable Maximum Flood (PMF) being RL 3.19m AHD.



Notification of the presence of the report and procedure will be placed on the S149 Certificate for the property to ensure future property owners are made aware of the procedure in the case of flood.

80 Structural Soundness Certification The submission of a report from a suitably qualified and experienced structural engineer to the Principal Certifying Authority is required, prior to the issue of the Final Occupation Certificate or commencement of use. This report is required to verify that all structures can withstand the forces of floodwater, debris and buoyancy up to and including the 1 in 100-year flood level plus freeboard (i.e. up to RL 2.96m AHD).

81 Compensatory Planting The developer must make compensatory provision for the trees on the development site. In this

regard, five (5) 100 litre container mature plant stock shall be placed along in appropriate location on the site. The suggested species are Livistona australis, Archontophoenix cunninghamiana.

82 Acoustic Fence Validation Following the completion of all works, and prior to the issue of the Occupation Certificate, compliance testing must be undertaken by a member of the Australian Acoustic Association (AAA) to validate the efficiency of the noise barrier.

83 Fire Safety Certificate A Fire Safety Certificate must be issued for the building prior to the issue of an Occupation Certificate. As soon as practicable after a Fire Safety Certificate is issued, the owner of the building to which it relates:

83.1 Must cause a copy of the certificate (together with a copy of the current fire safety schedule) to be given to the Commissioner of New South Wales Fire Brigades, and

83.2 must cause a further copy of the certificate (together with a copy of the current fire safety schedule) to be prominently displayed in the building.

Operational Phases of the Development/Use of the Site

84 Storage of Materials/Equipment An area shall be provided within the development to store materials/equipment above the 1 in 100 year flood level plus freeboard (i.e. RL 2.96m AHD).

85 External Storage of Materials/Equipment No external storage of materials/equipment is permitted below RL 2.96m AHD which is likely to cause pollution or be potentially hazardous during a flood event.

86 Restricted Hours of Operation The hours of operation for the development shall be restricted to 8.00am to 8.00pm during Summer and 8.00am to 6.00pm during Winter. All deliveries and any waste collection and the like to the site shall take place within these hours. Any alteration to the approved hours of operation will require separate Council approval.

87 The applicant must not cause or permit the emission of offensive odours from the premises. 88 Loading/Unloading Operations/Activities

All loading/unloading operations are to take place at all times wholly within the confines of the site.

89 Acoustic Treatment The recommendations contained within the Koikas Acoustics Pty Ltd Acoustic Assessment report shall be implemented at all times.

ATTACHMENT 4 - Aerial Photograph Page 303


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ATTACHMENT 5 - Zoning Map


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ATTACHMENT 6 - Plans and addendum acoustic report Page 305


ATTACHMENT 6 - Plans and addendum acoustic report


ordinary meeting of council page 257 - wollongong … 82… · ordinary meeting of council 25 may...

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