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BLUE MOUNTAINS LOCAL PLANNING PANEL

ITEM NO: 2.3 – 10 DECEMBER 2018

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ITEM No. 2.3

REPORT: DEVELOPMENT APPLICATION No. X/893/2018 for a change of use from refreshment room to retail food outlet in Shop 13 at Town Centre Arcade, 81-83 Katoomba Street, KATOOMBA NSW 2780

Reason for report There is a conflict of interest – land owned by Council

RECOMMENDATION That the Development Application X/893/2018 for change of use from refreshment room to retail food outlet in Shop 13 at Town Centre Arcade, 81-83 Katoomba Street, KATOOMBA be determined in accordance with s4.16 of the Environmental Planning and Assessment Act, by the granting of consent subject to the conditions stated in Part 3 of the this report.

Reason/s in support of the recommended decision

1. The proposed development generally complies with the relevant State and local planning instruments and policies.

2. The development will retain the significance of the Heritage Conservation Area.

3. The development will have no adverse impact on the amenity of locality.

4. Adjoining property owners were notified of the proposed development in accordance with Council’s policy and no submissions were received.

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

Declaration of interest Council is landlord

Report author/s Brian Mercer, Senior Planner

Report authoriser Kim Barrett, Manager Development & Planning Services

PART 1 Development proposal

PART 2 Council assessment

PART 3 Proposed conditions of consent

BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 10 DECEMBER 2018

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PART 1: Development proposal

Applicant Griffin Planning

Land owner Blue Mountains City Council

Location Shop 13 Town Centre Arcade, 81-83 Katoomba Street, KATOOMBA

Lot & DP L 1 DP 921490, PTL 3 DP 547229

Date lodged 20-Sep-2018

Value of works $20,000

Proposal in detail The development proposal seeks approval for change of use from refreshment room to retail food outlet in Shop 13. The shop tenant is The Source Bulk Foods which is a franchise retail outlet with over 42 shops in Australia. The shop retails bulk food products to customers who bring their own food containers.

Proposed works are confined to the interior fitout of the shop. There are no exterior works to the building other than a changeover of business identification signage.

Interior fitout works comprises cabinets, display shelving, repainting of surfaces and the construction of an internal partition wall. The works are fully reversible when the tenant vacates.

Proposed trading hours are 9.00am to 5.00pm seven days a week.

Three to six staff will be present at any one time.

Departure or variation to a development standard

The applicant is not seeking to vary a development standard.

Supporting documentation

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

o Architectural plans

o Statement of environmental effects

Documentation online Plans to scale and key documents lodged with the application can be viewed online. Go to www.bmcc.nsw.gov.au/development – Track and View applications. Search and select X/893/2018.

Reduced site and elevation plans are below.

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

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


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Site plan


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Floor plan


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Elevation plan


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PART 2: Council assessment 2.1 Overview and summary of issues

Location Shop 13 Town Centre Arcade, 81-83 Katoomba Street, KATOOMBA

Lot & DP L 1 DP 921490, PTL 3 DP 547229

Zoning Zone B2 Local Centre

Characterisation of use Shop

Permissibility The proposed development is permissible within the zone

Type of development Local

Note: The development does not meet the exempt development requirements for change of use in cl.2.20A of State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 as food and drink premises is not a listed Category 1 use. The development does not meet the complying development requirements in cl.1.17A of the SEPP as the land is identified as an item of environmental heritage in Schedule 5 Part 2 of LEP 2015. Development consent is therefore required.

Applicable environmental planning instrument/s

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

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

o State Environmental Planning Policy (Sydney Drinking Water Catchment)

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

o Local Environmental Plan 2015

o Development Control Plan 2015

Applicable additional local provisions

o Essential services

o Active street frontage

o Built Character

Applicable additional local clauses – development in villages

o Development in villages

o Katoomba Precinct B2-KA01

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

Heritage significance The property is within the Central Katoomba Urban Conservation Area K159 which is listed as an item of environmental heritage in Schedule 5 of LEP 2015

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


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subject property.

Potentially contaminated land

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

Site description The land is located in the middle of the Katoomba Town Centre on the western side of Katoomba Street. The site comprises two allotments of land having a combined area of approx. 2,361m² with primary frontage to Katoomba Street and secondary frontage to College Lane. Erected on the land is a two storey commercial building containing a number of commercial and retail tenancies. A centrally located open plaza is connected by a public walkway providing pedestrian access between Katoomba Street and College Lane.

Shop 13 has a floor area of approx. 145m² and is located at the rear upper level of the building adjoining the public pedestrian access-way. The rear of the shop has access to staff toilets, a laundry and a garbage store room shared with the adjacent tenancy within the building.

The site provides no on-site car parking. Adjoining uses comprise a mix of business and retail premises.

Development history / background

The Town Centre Arcade was constructed by Council in 1977 to accommodate the Katoomba Library, Community Centre and a number of commercial


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tenancies. The Library relocated in 2012 to new premises in Parke St.

Shop 13 has been continuously occupied by commercial tenants since 1977. Council has no lease records or development consents for the early uses of Shop 13. The most recent tenant was the Big Beet Café which was approved in DA X/444/2016.

City wide infrastructure contribution

The Citywide infrastructure contribution applies. The stated value of the development is below the threshold attracting payment of a contribution.

Referral authorities Referrals were not required.

Notification period The application was notified to adjoining owners and published in the local paper for the period 10 October 2018 to 24 October 2018.

Number of submissions No submissions were received.

Summary of issues raised

Nil

Summary of assessment issues

Key issues determined in the assessment are:

o Heritage impact

Assessment issues are detailed below.

2.2 Evaluation The application has been assessed in accordance with s4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act). Only those provisions relevant to the proposed development have been addressed.

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

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

SEPP 55 – Remediation of Land

Consideration has been given to whether the land is contaminated, as required by cl.7 of the SEPP.

Potentially contaminated land

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


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SEPP 64 – Advertising and Signage

Standard Discussion Compliance Y/N

One business identification sign is proposed on the northern wall of the building above the entrance door, facing the pedestrian walkway, and one on the fascia of the eastern elevation facing into the central courtyard.

The signs are approx. 2m by 0.5m panel signs and depict the words “the source” in white letters on a black background, as shown on the plan extract below.

Y

cl.3 Aims, objectives The proposed signs meet the following relevant objectives in subclause (1)(a):

(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.

Y

cl.5 Signage to which Policy applies

The Policy applies as the signs

(a) can be displayed with or without development consent under another environmental planning instrument that applies to the signage, and

Y


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SEPP 64 – Advertising and Signage


(b) is visible from any public place or public reserve.

cl.8 Granting of consent to signage

The Council can be satisfied:

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

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

Y

cl.9 Advertisements to which Part 3 applies

The signs are business identification signs and the provisions of Part 3 therefore do not apply.

Y

Schedule 1

1. Character of the area

The signage is generally compatible with the commercial character of the location. Signage in this location is well controlled and not in proliferation. The size, scale and location of the signage is consistent with the overall theme of outdoor advertising in the area.

Y

2. Special areas The size and location of the signage does not detract from the heritage conservation area and adjacent heritage items at 75 and 89 Katoomba Street.

Y

3. Views and vista The signage does not protrude above the building into the skyline and does not compete with other advertising signage. There are no important view lines that are obscured.

Y

4. Streetscape, setting or landscape

The scale, proportion and form of the signage is appropriate for the streetscape and setting. Vegetation and landscape setting are not affected.

Y

5. Site and building The signage is compatible with the scale and proportions of the building. Its location respects the architectural elements of the building.

Y

6. Devices and logos

There are no associated devices or logos integral to the signage. Y

7. Illumination Illumination of the signage is not proposed. Y

8. Safety The signage is located within the property boundaries. There are no likely safety impacts to the pedestrians and road users.

Y


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SEPP (Sydney Drinking Water Catchment)


Impact of development on drinking water catchment

An assessment has been carried using the Sydney Catchment Authority’s on line NorBE tool and the development satisfies the requirements for neutral or beneficial effect.

Y

Sydney Regional Environmental Plan No 20 – Hawkesbury-Nepean River


Impact of development on drinking water sub catchment

The land is located in the Cox’s River sub catchment. The proposal has been designed to comply with general planning considerations and the specific planning policies and related recommended strategies which are applicable to the proposed development, including water quality, water quantity and urban development.

Y

Local Environmental Plan 2015 [LEP2015] – s4.15(1)(a)(i)

The proposed development has been assessed against the provisions of LEP 2015 with significant points identified and discussed below.

Part 1 Preliminary

Clause Standard Discussion Compliance Y/N

1.2 Aims of Plan The proposal meets the aims of the plan. Y

1.9A Suspension of covenants, agreements and instruments

A Land Title Search shows no covenants etc burdening the property.

Y

Part 2 Permitted or prohibited development


Land Use Table

Permissibility The proposed use is categorised as shop.

Shop is defined in the Dictionary to the LEP as meaning premises that sell merchandise such as groceries, personal care products, clothing, music, homewares, stationery, electrical goods or the like or that hire any such merchandise, and includes a neighbourhood shop and neighbourhood supermarket, but does not include food and drink

Y


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Part 2 Permitted or prohibited development


premises or restricted premises.

Shops are a type of retail premises as defined in the LEP Dictionary. Retail premises are a type of commercial premises as defined.

Commercial premises is permissible with development consent in Zone B1 Local Centre.

2.3 Zone objectives The objectives of the zone are met, in particular: • To provide a range of retail, business, entertainment and community uses that serve the needs of people who live in, work in and visit the local area. • To encourage employment opportunities in accessible locations. • To maintain the economic viability of the towns and villages of the Blue Mountains.

Y

Part 4 Principal development standards

Building

4.3 Height of buildings 11m No change to existing building.

Y

4.4 Floor space ratio 0.8:1 No change arising from the change of use.

Y

Exceptions to development standards (cl.4.6)

Exception requested The applicant has not requested any variation to the development standards.

Part 5 Miscellaneous provisions


5.10 Schedule 5

Heritage conservation The Town Centre Arcade is located in the Central Katoomba Urban Conservation Area. The building itself was constructed in 1977 and is not an individually listed heritage item. The proposed development is confined to retail use and internal fitout of a shop at the rear of the building. The development, including signage, will have no adverse impact on the heritage significance of the Conservation Area.

Y


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Part 5 Miscellaneous provisions


5.10.8 Aboriginal places of heritage significance

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

Y

Part 6 Additional local provisions


Impact on natural environment

6.1 Impact on environmentally sensitive land

The land does not contain any environmentally sensitive land as defined in the LEP Dictionary.

Y

6.9 Stormwater management

The proposed development does result in any changes to stormwater drainage.

Y

6.10 Flood Planning

The land is not identified as flood prone on the Flood Liable Land Map.

Y

Impact on built environment

6.17 Consideration of character and landscape

The proposed use is compatible with neighbouring business and retail uses.

Y

6.19

Design excellence

The land is located within the edged heavy blue line on the Built Character Map. The proposed development does not include external alterations to the existing building, other than signage change over. The sign is visible from the pedestrian walkway but not from the street. The development meets the objectives of the clause.

Y

6.20

Active street frontages

The land is identified on the Active Street Frontage Map. The proposed use meets the stated objective which is to promote uses that attract pedestrian traffic.

Y

6.21

Sustainable resource management

Customers of The Source Bulk Food purchase food in bulk using their own containers thereby reducing packaging waste.

The operation of the development meets the objective of the clause which is to promote sustainable resource management.

Y

6.23 Essential Services The premises is connected to town water, sewer, Y


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Part 6 Additional local provisions


phone and electricity. Vehicle access is available to the land frontages to Katoomba St and College Lane.

6.26 Shops in Zones B1 and B2

The gross floor area of Shop 13 is approx. 145m² which is well below the maximum permitted 1,500m².

Y

Part 7 Additional local clauses – development in villages


7.1 Development in villages The Council is satisfied that the development on the land is consistent with the objectives specified for the development proposed.

Y

7.6

Katoomba Precinct B2-KA01

Objectives The objectives for development on the land are met, in particular the following:

(a) to promote a diversity of retailing, commercial, community, cultural and residential uses that serve the community, business and tourists,

(c) to conserve buildings with heritage significance and protect the identified heritage value and character of other buildings in the precinct,

(d) to promote active street frontages to all roads, lanes, footpaths and public areas.

Y

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

There are no draft environmental planning instruments that apply to the site.

There are no draft planning proposals that apply to the site.

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

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

Part B Context, site analysis and design


B1 Site and context analysis The development complies with the relevant Y


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Part B Context, site analysis and design


B2 Building envelope provisions.

B3 Character and design

Part C Environmental management


C1 Biodiversity and Natural resources

The development complies with the relevant provisions.

Y

Part D Heritage management


D1 Heritage The development complies with the relevant provisions.

Y

Part E Site development and management


E1 Services All services necessary to support the development are available to the site.

Y

E2 Traffic, parking and access

The site has pedestrian access from Katoomba Street and College Lane.

The site has no dedicated parking for staff and customers. The original car park in College Lane at the rear of the site, built in 1977, has been absorbed into the recent redevelopment of 32 Parke Street (Katoomba Cultural Centre and shops which contains public parking).

Deliveries to the site can be made from the dedicated loading zone in Katoomba St at the site frontage.

The deliveries will generally be done by a small van such as a Toyota Hi-ace or other small rigid vehicle. Deliveries generally occur between 8-9am or 10.30-11.30am. Approximately 4 deliveries per week are expected based on similar sized The Source

Y


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Part E Site development and management


franchises, and take between 2-10 minutes to be completed.

E3 Accessibility Shop 13 has existing compliant accessible pedestrian paths of travel from Katoomba Street and College Lane. Accessible toilets are not required to be provided for customers. Accessible toilets are not available to staff due to the age of the building. Restricted floor space does not enable the current toilets behind Shop 13 to be upgraded to AS1428.

Y

E4 Site management The proposed trading hours 9.00am to 5.00pm seven days a week are compatible with neighbouring businesses and will have no adverse impact on their amenity.

The nature of the use and trading hours are not expected to cause a noise nuisance to neighbouring properties and tenancies.

Y

E5 Safety and security Shop 13 is located adjacent the pedestrian walkway between Katoomba St and College Lane and has no concealed areas.

This location generally meets the principles of crime prevention through environmental design (CPTED).

Y

E5.3 Design of food premises The premises does not prepare and serve food. However the primary function of the shop is the storage and sale of bulk foods, and as food is unpackaged and handled, the premises must therefore comply with minimum standards for food safety under the NSW Food Act 2003, NSW Food Regulation 2010 and AS4674 – 2004.

The application has been assessed by the Council’s Environmental Health Officer (Food Safety). The proposal is supported subject to standard food safety conditions which are included in the consent conditions in Part 3 below.

Y

E6 Waste management Expected daily waste generation will be 450 litres of general waste and 600 litres of recycling (mostly cardboard). The shop has access to a bin storage area at the rear, with roller door to College Lane. A regular waste collection service will be provided by a private contractor.

Y


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Part F Specific development types


Retail and commercial development

F2.1 Building design and site planning

As for Part B above Y

F2.2 Parking and access As for E2 above

Table 1 to Part E2.2.2 requires parking for Shop 13 at a rate of 1 space per 25m². For a gross floor area of 145m² the provision of 6 spaces is required.

A concession to the provision of car parking is provided in F2.2.1 for existing development in Zone B2. Customers and staff will therefore rely on nearby public car parking and street parking.

The applicant proposes to install a bicycle rack adjacent the premises, as described on page 9 of the Statement of Environmental Effects. The location will need to be finalised in the tenancy agreement.

Y

F2.4 Amenity As for E4 above Y

Signage

F6.1.1 General objectives The proposal includes two business identification signs depicting the words “The Source” on the northern elevation above the door facing the pedestrian walkway, and on the fascia on the eastern elevation facing the central courtyard. These are shown on the elevation plans included in this Report. These signs replace the existing signs. The signs are fixed panels that are not illuminated.

The size and number of signs meet the stated objectives, in particular:

• To encourage signage that is compatible with the desired amenity and visual character of an area.

• To ensure signage is adequate and effective and recognises the need for signs to provide direction, business identification and promotion.

• To prevent the proliferation of signage and to encourage the rationalisation of existing and proposed signs.

• To ensure signs are not located where they

Y


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Part F Specific development types


may be hazardous and/or distracting to pedestrians or motorists.

F6.1.6 Number, location and design of signs

The signs are not presented to the street frontages and not visually prominent from the street. One sign on each elevation is acceptable, and consistent with the signage approved for the previous tenant.

The location and scale of the signage is acceptable.

Y

F6.1.7 Illumination Illumination is not proposed. Y

F6.1.8 Heritage conservation areas

The signage meets the objectives for signage in a heritage conservation area, in particular:

• To ensure that signage is compatible with the significance of a heritage item or heritage conservation area in terms of location, configuration, materials, finishes and colours, and that adverse impact is minimised.

• To ensure that the significance of a heritage item or heritage conservation area is not compromised by excessive signage.

The signage meets the relevant location and design controls.

Y

F6.2 Controls for type of sign The proposal meets the following relevant controls for walls and fascia signs:

• Maximum one sign per elevation

• Not exceeding 5m² per sign

• Flat mounted

Y

Part G5.1 Locality management – Katoomba Precinct B2-KA01 – Katoomba Street and Bathurst Road Shopping Precinct


G8 Signage The proposed signage is sympathetic to the style and detailing of the shop front, and of appropriate size, scale and location.

Y

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

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


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Regulations – s4.15(1)(a)(iv)

The Environmental Planning and Assessment Regulation, provides controls and regulations that relate to the management of the proposed development. These requirements are inherent in the assessment processes undertaken for the proposal.

Fire safety and other considerations


Fire safety The application was referred to Council’s Building Fire Safety specialist for consideration of whether the fire protection and structural capacity of the building will be appropriate to the proposed use. In consideration of Clause 94 of the Regulation, no upgrade is considered to be warranted at this time.

Y

Condition of consent Prescribed standard conditions have been included for a Construction Certificate, Building Code of Australia compliance, Occupation Certificate and Final Fire Safety Certificate.

Likely impacts – s4.15(1)(b)

Likely impacts on the natural and built environment

Discussion

Vegetation removal and management

Nil

Bushfire protection NA

Heritage No impact on the significance of the Urban Conservation Area

Character and amenity Nil

Stormwater drainage Nil

Access and traffic The use will not impact on access for adjoining properties and tenancies and will not generate significant volumes of vehicle or pedestrian traffic.

Parking The absence of on-site parking in this particular circumstance is not likely to impact on the natural and built environment.

Noise The nature of the use is not likely to result in noise levels that will adversely impact

It is considered that the development does not have any adverse impact on the natural and built environment.

Likely social impacts

Discussion

It is considered that the development does not have adverse social impacts.


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Likely economic impacts

Discussion

It is considered that the development is likely to have a positive economic impact. The development will provide employment for 3 to 6 staff, and short term employment for shop fitters.

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

Site suitability The site is considered suitable for the proposed development for the following reasons:

o The building is purpose built for retail use

o The shop is suitably serviced for the use

o The use is compatible with and consistent with neighbouring land uses.

Submissions – s4.15(1)(d)

Notification and / or exhibition

Consultation was undertaken in accordance with the requirements of Part H (Public Participation) of Blue Mountains Development Control Plan 2015 and the requirements under the Environmental Planning and Assessment Regulations.

Notification The application was advertised in the Blue Mountains Gazette for 14 days from 10 October 2018 until 24 October 2018. Written notification was also sent to adjoining and nearby properties.

No submissions were received.

Public interest – s4.15(1)(e)

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

The proposed development is considered to be in the public interest for the following reasons:

o Maintaining activation of the Katoomba shopping centre by the occupation of vacant shops.


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PART 3 Proposed conditions of consent General conditions

Confirmation of relevant plans and documentation

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

Document Prepared by: Drawing No Issue Date

Site Plan ILDrafting Pty Ltd 1A A 17.09.2018

Floor plan upper level Not stated not stated - Not dated

Floor Plan ILDrafting Pty Ltd 2A A 17.09.2018

Shop Layout & Notes ILDrafting Pty Ltd 2B A 17.09.2018

North & East Elevations ILDrafting Pty Ltd 3A A 17.09.2018

Construction certificate 2. A construction certificate is required prior to the commencement of the internal partition and fitout works. This certificate can be issued either by Council as a certifying authority or by an accredited certifier.

Occupation certificate 3. The shop must not be occupied or commence trading prior to the issue of an occupation certificate in accordance with sections 6.9 and 6.10 of the Environmental Planning and Assessment Act 1979.

Building Code of Australia 4. All building work must be carried out in accordance with the provisions of the Building Code of Australia.

Shop numbering 5. To enable identification of the address location for patrons, deliveries and visitors the shop number shall be fixed to the shop front in a clearly visible location prior to the issue of an occupation certificate.

Advertising signage 6. To protect visual amenity, signage is to be limited to that approved in the application, and to any exempt signage under the State Environmental Planning Policy (Exempt and Complying Development Codes) 2008. Flashing, illuminated and moving signs are not permitted.

Development involving bonded asbestos material and friable asbestos material

7. Work involving the removal of bonded asbestos removal (of an area of more than 10 square metres) or friable asbestos must be undertaken by a person licensed to undertake such work under clause 458 of the Work Health and Safety Regulation 2017.

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dsubordleg%20AND%20Year%3D2011%20AND%20No%3D674&nohits=y

http://www.legislation.nsw.gov.au/xref/inforce/?xref=Type%3Dsubordleg%20AND%20Year%3D2011%20AND%20No%3D674&nohits=y


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Disposal of asbestos 8. All asbestos material, including asbestos cement, is to be disposed of to an approved waste management facility licensed to receive asbestos.

Certification shall be provided to the Principal Certifying Authority, to confirm that the disposal of asbestos has occurred in accordance with these conditions of consent.

Display of signage 9. The developer will display appropriate asbestos/demolition signage prior to and during any asbestos removal works.

Deliveries 10. Deliveries shall be made from Katoomba Street only. No deliveries shall be made from College Lane to ensure vehicles do not obstruct the laneway.

Operating hours 11. To ensure no adverse impact on the amenity of neighbouring tenancies and adjoining properties, operating hours are limited to between 7.00am and 7.00pm on any day. These hours may varied with the written agreement of Council.

Food premises conditions

Fit out of premises 12. To ensure the premises are constructed so as to be suitable for the safe and hygienic preparation of food, fitout of the premises is to comply with National Food Standard 3.2.3 Food Premises and Equipment and Australian Standard AS4674.2004 “Design, Construction and Fitout of Food Premises.” Fit out is to be as set out in plans provided. Details are to be submitted to the Principal Certifying Authority as part of the Construction Certificate documentation.

Floors, Walls & Ceilings 13. Floors, walls and ceilings shall comply with the requirements of Australian Standard 4674.2004 Design, Construction and Fit-Out of food premises and the Food Safety Standard 3.2.3. In particular Parts 3.1, 3.2 and Table 3.3 of Australian Standard 4674.2004 (which indicates suitable floor, walls and ceiling finishes).

Adequate sinks 14. To prevent cross contamination, the premise shall be equipped with the following as a minimum requirement as set out in Section 4 of Australian Standard 4674-2004: -

1. Washing sinks:

a. Single bowl sink and dish washer of adequate size for cleaning and sanitising of all equipment.

b. Or double bowl sink

c. Or double bowl sink and dish washer where some equipment is too big to be wash in the dish washer.

d. Or triple bowl sink where each bowl can be designated for


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washing, rinsing and sanitising

2. If food business requires immersion of food in water – a designated food preparation sink is required away from washing area.

3. Cleaners sink to be installed away from open food production (if no floor waste drain provided in food prep area).

4. Sink/s should be of adequately sized, large enough for the correct cleaning and sanitising of all utensil/s and equipment.

Support of appliances 15. So that equipment is easily moved for cleaning purposes, refrigerators, frozen food cabinets, cooking appliances, equipment, fittings, cupboards/cabinets etc., are to be supported on either:

1. Wheels or castors capable of being easily moved when fully loaded, or

2. Legs that provide at least 150mm clear space between the floor and the underside of the fitting

Dishwasher 16. So that utensils are properly sanitised between each use, the dishwasher is to have a supply of potable water at a minimum temperature of 60°C and 71°C for the wash cycle and at least 82°C for the rinse cycle. The wash cycle must operate for a least 60 seconds and the rinse at least 10 seconds. A thermometer accurate to within 2°C is required to ensure that the temperature of water in the wash and rinse tanks meets minimum temperature requirements.

Lighting 17. Lighting to comply with AS 4674-2004 part 2.6, which includes all lights in open food areas to have either:

1. Shatter proof tubes,

2. Light covers or

3. Sleeves over tubes and

4. Be designed to prevent harbouring of dust, dirt, other matter.

Garbage storage area 18. A designated area is to be provided for garbage and recyclable material in accordance with AS4674-2004.

The construction requirements of the garbage area under AS4674 require area paved with an impervious material with a tap and drained to sewer. (see section 2.4 Garbage and Recyclable Materials AS4674-2004).

Details including tap and drain to the reticulated sewer are to be submitted to the Principal Certifying Authority as part of the Construction Certificate Documentation. A copy of which is to be provided to the Environmental Health Officer at the final inspection for food safety.

Hand Washing 19. Designated hand wash basin/s is required for the washing of hands, this must


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comply with AS4674-2004 part 4.4. The washbasin shall be:

1. Of an adequate size to wash hands, arms and face.

2. Permanently fixed at bench height

3. In locations that will not be obstructed

4. There shall be a permanent supply of warm running potable water delivered through a single outlet.

5. Basin to be drained to sewer

6. Taps to the washbasin must be hands free or elbow operated.

7. Spout to extend out over the basin adequately to ensure easy of hand washing.

Location of hand wash basin to be accessible and no further than 5 metres from any place where food handlers are handling open food. There may need to be more than one hand wash basin.

Staff Toilet 20. Staff toilet shall be provided with a hand wash basin with the same requirements as AS4674-2004.

Mechanical exhaust system to be installed in staff toilet which operates when the sanitary compartment is in use and for at least 30 seconds after the toilet is vacated.

Doors to toilet to have self-closing devices added to keep doors closed.

Waste water disposal 21. To ensure that waste water is disposed of to the satisfaction of Sydney Water and is of a suitable standard for the reticulated sewage system, you should contact Sydney Water Trade Waste on [email protected] and ensure you meet the requirements for trade waste disposal prior to operation of the food premises.

Grease arrestors 22. Grease arrestors shall not be located in areas where food, equipment or packaging materials are handled or stored. Access to grease arrestors for emptying shall not be through areas where open food is handled or stored or where food contact equipment and packaging materials are handled or stored.

The owner / applicant is required to maintain a formal agreement with Sydney Water for the trade waste removal (grease arrestor waste). The Principal Certifying Authority must ensure that a Trade Waste Agreement is signed prior to occupation or use of the premises.

Proofing against Vermin 23. To prevent the harbourage of vermin:

1. cavities, false bottoms and similar hollow spaces capable of providing access to vermin shall not be formed in the construction of the premises, nor in the installation of fixtures, fittings and equipment unless adequate

mailto:[email protected]


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access to allow proper cleaning is provided.

2. The cavity bounded by the bottom of the cupboard, the wall, floor and kickboard is to be filled with an expanding foam so as to fill the space.

Final inspection 24. Council must be contacted at least 48 hours prior to the opening of the premises to arrange for a final inspection by Council’s Environmental Health Officer. The Principal Certifying Authority must ensure the final inspection by the Environmental Health Officer pass all food safety requirements above prior to occupation or use of the premises.

Noise management 25. Upon receipt of any justified complaint in relation to noise pollution emanating from the premises, an acoustical assessment is to be carried out in accordance with the requirements of the NSW Environment Protection Authority - NSW Industrial Noise Policy and provide recommendations to mitigate the emission of offensive noise from the premises.

The report shall be prepared by an appropriately qualified acoustic consultant that is a member of the Association of Australian Acoustic Consultants or membership of the Australian Acoustical Society (MAAS) and shall be submitted to Council for consideration.

Odour management 26. Any activity carried out in accordance with this approval shall not give rise to air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997.

Waste management 27. All waste generated on the site is to be stored, handled and disposed of in such a manner as to not create air pollution (including odour), offensive noise or pollution of land and/or water as defined by the Protection of the Environment Operations Act 1997.

Waste collection arrangements

28. Suitable service agreement arrangements shall be made with a waste contractor for the collection of waste from the site. The arrangements shall be in place prior to the issue of an Occupation Certificate.

Waste bins shall be removed from the street frontage to the storage area immediately following collection.

Fire safety conditions

Final fire safety certificate

(Prior to occupation)

Existing/proposed and critical

29. The essential fire safety measures referred to in the fire safety schedule issued with the construction certificate, excluding any existing measures, are to be installed within the building.

A final fire safety certificate is to be furnished by the owner of the building to the


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fire safety measures Principal Certifying Authority (PCA) prior to the issue of any occupation certificate, in respect of all essential fire safety measures specified in the above schedule.

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

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

Advice

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

Annual fire safety statement

Each essential fire safety measure in the building

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

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

