AMP Investments Ltd - v - Newcastle City Council - [1999] NSWLEC 164 - NSWLEC 1999 case summary

Land and Environment Court (NSW)|1999-05-31|Before: Lloyd J

The applicant submitting to the Council prior to the cinemas being operated a Cinema Management Plan to the satisfaction of the Council. Note: The Cinema Management Plan is required to address proposed measures to control cinema patrons upon "coming out" of the cinemas within the Centre upon Park Avenue between Northcott Drive and Lexington Parade.
The applicant submitting to Council with the required Construction Certificate or Building Application a detailed works programme which demonstrates that the proposed development can be carried out within normal construction hours.

Traffic ingress and egress to the shopping centre being controlled as detailed in the 'Traffic Management Plan for Cinema Operations" dated April 1999 and prepared by Colston Budd Hunt and Kafes Pty Ltd amended by adding that a median island shall be constructed across the southern entry at Lexington Parade in order to prevent right turn into the site by traffic travelling north and to preventing right turn out of the site to travel north.

The applicant submitting to Council a construction certificate or building application prior to the commencement of the proposed building works.

The developer shall pay to the Newcastle City Council the cost of revising the pedestrian crossings on the Park Avenue frontage of Garden City to the reasonable satisfaction of the Director of Environmental Services. Note: This condition is proffered by the applicant and agreed to by the respondent.
The intersection of Northcott Parade and Park Avenue shall be upgraded at the cost of the developer, generally in accordance with the plan No 4 and specification contained within exhibit "G", to the reasonable satisfaction of the Newcastle City Council and the Roads & Traffic Authority of NSW. Note: This condition is proffered by the applicant and agreed to by the respondent.
A landscaped area in accordance with the plans referred to in condition 1 above is to be provided for along the Lexington Parade boundary of the site as shown on exhibit "A". Full details to be shown on the required landscape plan submitted with the Building Application or Construction Certificate.

The building being provided with adequate means of access for persons with disabilities in order to comply with the Building Code of Australia. Full details to be included in documentation for a Construction Certificate application. Note: Compliance with the Building Code of Australia can still leave a building professional or building owner in contravention of the Federal Disability Discrimination Act .

The applicant shall provide for cinema drop-off access in accordance with D/a Plan No 002, issue C, and shall ensure that cinema signposting (parking and drop-off) is undertaken in accordance with that plan.

Service Vehicles (i) The applicant shall amend the parking bay configuration of the roof level in accordance with D/A Plan No 006, issue C, to assist with the access of service vehicles to the goods lift and dock above the existing Woolworths tenant.

(ii) The applicant shall ensure that the area shown hatched in the vicinity of the goodslift and dock above the existing Woolworths tenant on the D/A Plan No 006, issue C, (roof level) is restricted to staff parking.

(iii) The maximum class of truck which may access that dock shall be a truck not exceeding 8 metres in length. 37. Access from Lexington Parade

The West Court Escalators to the roof top parking area shall be closed at the same time as the fates referred to in the Traffic Management Plan referred to in condition 27.

No part of the additional floor space of the centre approved by this development consent shall be used as a supermarket.

The pedestrian crossing at the traffic signals adjacent to the main Park Avenue entrance to Garden City shall be relocated, at the cost of the developer, from the western side of the entrance to the eastern side. The bus bay on the southern side of Park Avenue at the front of the centre shall be relocated at the cost of the developer further west to the satisfaction of the Council.

The noise reduction and control measures referred to in the report of S Cooper Acoustics Pty Ltd dated March 1999 (exhibit "L") shall be implemented to the reasonable satisfaction of the Council.

The cumulative noise emission contribution from all mechanical plant at the Garden City Shopping Centre when measured or calculated at residential boundaries shall not exceed 46.3dB(A) and shall be broad band and free from tonal or intermittent characteristics.

Prior to the release of the building approval or consent, or any Construction Certificate an acoustic design report and mechanical specifications shall be submitted to the Council detailing the selection of mechanical plant and noise control measures that have been implemented to achieve the nominated residential boundary design contribution 46.3dB(a).

A pedestrian crossing shall be provided at the cost of the developer across the existing main entrance/exit driveway to Northcott Drive via Cynthia Avenue generally in accordance with Exhibit "HH".

Video game and pinball game shops shall not be conducted in so much only of the shopping centre as is the subject of this consent.

Where in these conditions of consent reference is made to the satisfaction of the Council, or the satisfaction of the Newcastle City Council, such reference shall mean the reasonable satisfaction of the Council's Director of Environmental Services.

DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.

Trade Practices Act 1974(Cth)

Land and Environment Court of New South Wales CITATION: AMP Investments Ltd - v - Newcastle City Council [1999] NSWLEC 164

AMP Investments Ltd - v - Newcastle City Council

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