Pursuant to clause 122 of the Environmental Planning and Assessment Regulation 2000 , you are advised that approval has been granted to the application for modification of the consent to the above Development Application.
Date of determination:
Pursuant to section 96 of the Environmental Planning and Assessment Act 1979 , the development consent is now modified as follows:
Condition No. 5 is deleted and the following condition is inserted:
5A. The multi-purpose hall (Bowie Hall) may be used only for events or functions by Brigidine College for any school purpose, including functions and events for or by students, staff, the Parents and Friends Association or other school-related uses, except as provided in condition 5B.
5B. Bowie Hall may be used for community purposes (in accordance with the conditions and Plan of Management referred to below) on a maximum of 12 occasions during any calendar year ("non-school events") for the trial period referred to below. No function or event shall be held at the school during a non-school event.
5C. All functions held in Bowie Hall are to cease by 11 pm on Monday to Saturday and by 5 pm on Sunday. No function shall be held in Bowie Hall on a public holiday.
The following new conditions are inserted:
Conditions to be satisfied at all times:
5D. Calendar of events
A schedule of upcoming non-school events in Bowie Hall is to be provided to Ku-ring-gai Council at least two months in advance. The schedule is to identify the type of event/ function, the date and time of the event, the duration of the event, the anticipated number of persons at the event (including patrons, staff, performers etc), the estimated parking demand and the name and contact details of the Event Manager.
Reason: To protect the amenity of surrounding properties.
5E. Trial period
(a) The use and operation of Bowie Hall for non-school events is not permitted otherwise than in accordance with these conditions.
(b) Bowie Hall may be used for non-school events for a trial period of 2 years from the time this modification becomes operative.
(c) During the trial period, records of the following matters in respect of each non-school event are to be kept:
(i) Date of the event;
(ii) Start and finish time of the event;
(iii) Attendance numbers at event - of both patrons and other support / staff / performers;
(iv) Estimate of the rate of vehicle occupancy.
(d) During the trial period, a traffic survey of the parking in Woodbury Road is to be undertaken by a traffic consultant agreed by both the Applicant and the Council for each of (i) a large non-school event (for example a school speech night) where the attendance is up to a maximum of 1,000 persons; and (ii) a non-school event where the attendance is up to a maximum of 400 persons. The report is to be provided to both the Applicant and the Council within 4 weeks of the survey being completed.
(e) During the second year of the trial period and not later than 3 months before the end of the trial period, a further application (together with the traffic survey) may be lodged to continue the use and operation of Bowie Hall for non-school events.
(f) If such further application is made before the end of the trial period, then the operation outlined in (b) above and in compliance with the other conditions of consent, shall continue until the Council or the Court (as the case may be) determines the application.
5F. Management plan
During the two year trial period, and for such further time as the use and operation of Bowie Hall for non-school events may continue, after-hours use of Bowie Hall is to be undertaken in accordance with the Plan of Management prepared by Glendinning Minto & Associates Pty Ltd and dated March 2011 as modified by this modification and the following:
Use of Bowie Hall for non-school events is not to occur at any time on Sundays or public holidays.
Use of Bowie Hall for non-school events must not involve any of the Prohibited Uses in paragraph 2.1(h).
The "Informal Parking Management Plan" and the "Informal & Tandem Parking Management Plan" attached to the Joint Report of Traffic Engineers dated 21 April 2011 is to be included in the Plan of Management.
The information brochure referred to in paragraph 3.1(f) is to require the appointment by the user group of an "Event Manager". That event manager is to be responsible for liaising with Brigidine College Staff member(s) before and/or on the day of the event or function to ensure that:-
(a) The pedestrian gate between the Connolly Wing and Synan Wing buildings is to be kept locked whenever after-hours usage of the Bowie Hall is proposed (to make it more inconvenient for patrons to park in Woodbury Road, Hume Street or other local residential streets to the south and east of the School).
(b) The gate to the off-street car parking area accessed via the driveway located at the south-eastern corner of the site, off Woodbury Road (ie at the rear of the hall) is to be closed 40 minutes before the commencement of an event in Bowie Hall and opened by a traffic marshal (holding the qualifications specified in (e) below)at the end of the event who is to ensure that vehicle use of the car park occurs in a quiet and orderly manner.
(c) Contact details of the Event Manager, including a mobile telephone number that will be contactable before and during the event, is circulated to participants in the user group, to facilitate central management of the function, compliance with the conditions of the users group agreement, and a contact point in the event of an emergency.
(d) The Event Manager or their delegate(s) is/are to remain on site for the duration of the event and ensure a patrol is undertaken of the external areas of the building (eg footway, building surrounds and car parks) at the end of performances as appropriate, to ensure noise impacts to neighbours are limited and patrons leave in an orderly and quiet manner.
(e) Parking marshals used in the application of the Parking management plans must hold the necessary qualifications / certificates to control traffic (RTA blue or grey card). The Parking marshals shall be on site for at least one hour before the commencement of the event until the final vehicles leave the site.
The maximum of 12 non-school events in Bowie Hall in any one calendar year are to be restricted to a maximum of 400 patrons except for a maximum of 3 occasions where the maximum shall be 1 000 (one thousand) patrons.
The after-hours use of Bowie Hall for non-school events shall not occur before or during school day times (8.00am to 4.00pm) during term.
If after-hours usage of the Bowie Hall for one of the non-school events is expected to require more than 126 parking spaces, based on the estimates made in the record keeping required by these conditions, the Informal Parking Management Plan is to be distributed to the user group as part of the Information Brochure and the user group is to be directed to comply with the plan.
If after-hours usage of the Bowie Hall for one of the non-school events is expected to require more than 195 parking spaces, based on the estimates made in the record keeping required by these conditions, the Informal plus Tandem Parking Management Plan is to be distributed to the user group as part of the Information Brochure and the user group is to be directed to comply with the plan.
Any noise-related or other complaints are to be recorded and details of the date, time, nature of complaint and the response undertaken by the School are to be included in the record.
Where necessary, additional conditions relating to the results of acoustic monitoring are to be included in the plan of management after the trial period, and any necessary additional information and/or requirements circulated to user groups as part of the information brochure.
Reason: To protect the safety and amenity of patrons, performers/ staff, motorists, pedestrians and surrounding residents.
5G. Prohibited activities
Weddings, wedding receptions, rock concerts and birthday parties are not permitted in Bowie Hall at any time.
Reason: To protect the amenity of surrounding properties.
5H. Hours of use
The non-school use of Bowie Hall is not to occur outside the following hours:
Monday to Thursday 10.00am - 10.00pm (with all persons to leave the site by 11.00 pm)
Friday - Saturdays 10.00am - 11.00 pm (with all persons to leave the site by 12.00 midnight)
Reason: To protect the amenity of surrounding properties.
5I. Noise criteria
The external noise level from activities occurring in Bowie Hall shall not exceed the ambient background noise level by greater than 5 dB(A) when measured on the adjoining boundary at any affected residential property. The noise level is to be assessed as a Leq over 15 mins and include any corrections for the character of the sound as identified in Table 4.1 of the Department of Environment and Climate Change (formally known as the EPA) Industrial Noise Policy.
During the period 11 pm to 7am, noise emitted from activities within Bowie Hall shall not be audible within a habitable room in any residential premises. A habitable room means any room other than a garage, storage area, bathroom, laundry, toilet or pantry.
Reason: To protect the amenity of surrounding properties.
5J. Acoustic monitoring
Acoustic monitoring by an appropriately qualified consultant shall be conducted on at least two occasions during non-school uses of the hall in the first year of operation to ensure compliance with the noise criteria. The monitoring is to occur with no prior notice to the user group.
Should the acoustic monitoring identify breaches of the noise criteria, a report is to be prepared identifying noise attenuation or management measures necessary to achieve compliance with the noise criteria. All reasonable recommendations identified are to be implemented within 6 months of the acoustic monitoring and additional monitoring is to be conducted after installation/implementation of any recommendations until such time as compliance with the noise criteria is achieved.
The report should be provided to the Council within 14 days of receipt of the report by the applicant.
Reason: To protect the amenity of surrounding properties.
5K. Signage
Signage shall be prominently displayed at all exit locations within the building and car park areas with wording to the effect that patrons are reminded to leave the premises in a quiet and orderly manner.
Reason: To protect the amenity of surrounding properties.
The following conditions are deleted:
5. The multi-purpose hall is not to be leased or let to organisations outside the school community and all functions are to cease at 11.00pm.
37. A report on the buildings design by an Acoustic Engineer is to be provided that clearly indicates that noise associated with the developments use will not be increased at the boundary.
Reasons for conditions
To safeguard the amenity of the locality.
Those conditions attached to the original consent for the above Development Application No. DA1510/03, that are unaffected by the modifications listed in the above notice, still apply.
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.
Decision last updated: 08 July 2011