Hilrok Properties Pty Ltd v Manly Council

Hilrok Properties Pty Ltd v Manly Council - [2008] NSWLEC 1526 - NSWLEC 2008 case summary — Zoe

[13]

Premises: - Part of No 19-23 The Corso, Manly - No 25 The Corso, Manly - No 27 The Corso, Manly - Part of No 31 The Corso, Manly 1 This approval relates to the following documents and drawings/plans Nos. 08007 - DA02-C dated 27 November 2008; 03-A dated 2 May 2008, 04-C dated 27 November 2008, 05-A dated 2 May 2008, finishes schedule drawing DA 101C dated 27 November 2008 prepared by NBRS & Partners as amended by the conditions of this consent. - Statement of Environmental Effects prepared by Design Collaborative Pty Limited, dated June 2008 and received by Council on 20 June 2008. - Peer Review of the Statement of Environmental Effects prepared by Urbis, dated May 2008 and received by Council on 20 June 2008. The submitted Statement of Environmental Effects includes the following documents:- - Statement of Heritage Impacts prepared by NBRS + Partners dated April 2008 and received by Council on 20 June 2008. - Traffic and Parking Assessment prepared by Michael Grosvenor Consulting dated May 2008 and received by Council on 20 June 2008. - Acoustic Assessment prepared by The Acoustic Group dated 28 May 2008 and received by Council on 20 June 2008. - Social Impact Statement prepared by Design Collaborative Pty Limited dated May 2008 and received by Council on 20 June 2008. - Draft Plan of Management for the operation of the Ivanhoe Hotel prepared by Design Collaborative dated June 2008 and received by Council on 20 June 2008. - Building Code of Australia 2007 Assessment Report (draft) prepared by Dix Gardner Pty Ltd dated 23 April 2008 and received by Council on 20 June 2008. 1A Pursuant to section 80A(1)(b) of the Environmental Planning and Assessment Act 1979 : a) the development consents granted with respect to development applications 92/05 , 231/06 and 90/07 shall be surrendered prior to the issue of any construction certificate for the development approved in this consent; and b) 6 months after the date of issue of any occupation certificate (including an interim occupation certificate) for the first floor of 25 and 27 The Corso ,Manly for development approved in this consent , the development consent granted with respect to Development Application No. 220/96 & Building Application No. 64/97 shall be modified such that it does not permit use of the basement at 27 The Corso , Manly as a nightclub. Once that consent has been so modified, the basement of 27 The Corso, Manly shall not be used as a nightclub unless a further development consent for that use is obtained.

[39]

Noise from the use of the premises must comply with the standard noise conditions for licensed premises issued by the Office of Liquor, Gaming and Racing, viz: - The LA10 noise emitted from the hotel shall not exceed the background L90 level in any Octave Band Centre Frequency (31.5Hz - 8 kHz inclusive) by more than 5 dB between 7.00am and 12 midnight at the boundary of any affected residence. - The LA10 noise emitted from the hotel shall not exceed the background L90 level in any Octave Band Centre Frequency (31.5Hz - 8 kHz inclusive) between 12 midnight and 7.00 am at the boundary of any affected residence. - Notwithstanding compliance with the above, the noise from the hotel shall not be audible within any habitable room in any residential premises between the hours of 12 midnight and 7.00am. - For the purposes of this condition the LA10 can be taken as the average maximum deflection on a sound level meter from noise emitted from the hotel. 13D Compliance with Submitted Acoustic Report The noise reduction measures specified in the acoustic report prepared by The Acoustic Group report dated 28 May 2008 (report 38.4341 R8:ZSC) shall be installed prior to the issuing of the occupation certificate, being: - Other than for the purpose of ingress and egress the doors to the first floor balcony on the Corso facade shall be closed between midnight and 7.00 am when entertainment is provided. - All windows to the first floor balcony on the Corso facade shall be closed and locked between midnight and 7.00 am when entertainment is provided. - The rear wall of the first floor courtyard is to be of solid masonry construction. - The glazing to the first floor and ground floor courtyards is to be fixed glazing using laminated glass of not less than 10.38mm thick. - Acoustic absorption panels utilising 50mm thick fibreglass (35 kg/m2) faced with perforated ply or metal (minimum open area 23%) is to be provided in the outdoor areas as shown on the approved plans. - The awnings over the first floor exit to the outdoor courtyard are to have acoustic absorption fixed to the underside of the ceiling. The absorptive treatment is to have a Noise Reduction Coefficient (NRC) of not less than 0.8. All noise reduction measures specified in the above acoustic report shall be complied with at all times during the operation of the premises.

[41]

Patrons leaving the subject premises should be reminded by Hotel security personnel to leave quietly and not disturb the peace of the area and its residential neighbours. 14 The following nine (9) conditions apply to the proposed coffee and food shops. Prior to the release of the Construction Certificate premises must be inspected to the satisfaction of Council's Environmental Health Officer. - A hand basin with a common spout is to be provided within the premises in an approved and conveniently located position with a supply of hot and cold water under pressure. - Adequate efficient glass washing and/or dish washing machines or double bowl sinks or two-compartment tubs shall be provided for the washing and rinsing of drinking and eating utensils. - All glass and/or washing machines, double bowl sinks and two - compartment tubs shall be supplied with hot water at a temperature of not less than 75 degrees Celsius (sinks/tubs) and 82 degrees Celsius (dishwashing machines) unless the machine(s) clean by chemical sanitising. - The dishwashing and glasswashing machine(s) shall be fitted with (a) thermometer(s) which is/are visible to the operator indicating the temperature of the water in the wash tank and the rinse tank. - A cleaner's sink shall be provided in a room or space away from any food preparation area. - Adequate dressing room accommodations shall be provided for male and female staff with sufficient lockers for all clothing and personal items. - Adequate facilities shall be made available for the storage of cleaning equipment and material. - A garbage room or garbage receptacle storage area shall be provided within the site in an approved position constructed in accordance with the requirements of Council. - The applicant must contact Sydney Water on tel. 131110 to determine whether a Trade Waste Permit is required before discharging any trade waste to the sewerage system. 15 The development shall be provided with access and facilities for people with disabilities in accordance with Australian Standard 1428.2-1992 Design for Access and Mobility Part 2: Enhanced and additional Requirements (AS1428.2).

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