Item - REPORTS

Item _____IPP03______ - REPORTS -_____11/12/13__________

N O R T H S Y D N E Y C O U N C I L R E P O R T S

NSIPP MEETING HELD ON 11/12/13

Attached:

1. Site Plan 2. Architectural Plans

3. Acoustic Report 4. Plan of Management

REPORT TO THE GENERAL MANAGER ADDRESS/WARD: 17 Willoughby Street, Kirribilli (V) APPLICATION No: DA380/13 PROPOSAL: Alterations to the north elevation of an existing restaurant to

provide an acoustic window and an extension to the trading hours of the restaurant.

PLANS REF: Drawing numbered 1227-DA-01 Rev A, dated 2/10/13, drawn by

Martin & Spork Pty Ltd, and received by Council on 29 October 2013

OWNER: Mrs A.J. Mason and Tweakin Maleakin APPLICANT: Tomasy Pty Ltd AUTHOR: Robin Tse, Senior Assessment Officer DATE OF REPORT: 2 December 2013 DATE LODGED: 29 October 2013 RECOMMENDATION Refusal

Report of Robin Tse, Senior Assessment Officer Re: 17 Willoughby Street, Kirribilli

EXECUTIVE SUMMARY The applicant is seeking development consent for alterations to the north elevation of an existing restaurant known as “The Botanist” to provide a new acoustic window. An extension to the current trading hours is also sought from 12 noon to 11pm (Mondays to Saturdays), 10am to 11pm (Sundays) to 9am to 11.30pm Monday to Sundays, 9am to 11.30pm (Public Holidays) and 9am to 2am (New Years Eve) The application is referred to the North Sydney Independent Planning Panel due to the level of public interest in the proposed changes. Council’s notification of the proposal has attracted five (5) submissions raising concerns about the authorised use of the premises, excessive operating hours and adverse amenity impacts. The assessment has considered these concerns as well as the performance of the application against Council’s planning requirements. The subject premises was originally approved in 1975 as a “Bistro type licensed restaurant” for 60 patrons with further development consent provided in 1995 for the use of the premises as “a refreshment room” for 90 patrons. The subject site currently supports a licensed restaurant with primary service authorisation which allows a portion of the patrons to have a drink at a table without a meal. The Liquor Act requires that food service remains the primary activity of the business. The use of the premises as a restaurant is permissible form of development in a B1 (Neighbourhood Centre) zone. The subject site is located at the northern end of the Kirribilli Village Centre in close proximity to residential properties in Willoughby Street to the east and Broughton Street to the north. The subject site also forms part of the Careening Cove Conservation Area being a predominately residential area. A recent survey carried out by Council has revealed that the typical closing time for other cafes/restaurants in Kirribilli is 10pm. The existing closing time for the subject restaurant is 11pm already beyond the typical closing time for other similar uses in Kirribilli compared with other food premises particularly those in Broughton Street. These premises are closer to residential properties. A further extension of the operating hours is therefore not supported due to likely noise nuisance and potential for anti-social behaviour causing a loss of amenity for residents in close proximity. Accordingly the proposed development is recommended for refusal.

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DESCRIPTION OF PROPOSAL The applicant seeks approval for alterations to the northern elevation of an existing restaurant as shown in figure 1 and an extension to the hours of operation of a licensed restaurant trading as “The Botanist”. The proposed alterations to the north elevation within the entry porch include the installation of a new bi-fold acoustic window to an unauthorised opening. The proposed changes to the hours of operation are as follows: Approved Hours

(DA1313/95)

Proposed Hours

Mondays to Saturdays

12.00 noon to 11.00 pm

(90 patrons)

9.00 am to 11.30 pm*

(with patrons able to finish their meal/drink within a reasonable

time frame after 11.30 pm) Sundays

10.00 am to 11.00 pm

(90 patrons) Public Holidays:

• General N/A 9.00 am to 11.30 pm*

• New Year’s Eve N/A 9.00 am to 2.00 am*

* There would be no change to the number of patrons

Figure 1 – Proposed Development

Proposed Acoustic Window


STATUTORY CONTROLS North Sydney LEP 2013

• Zoning – B1 (Neighbourhood Centre) • Item of Heritage - No • In Vicinity of Item of Heritage – Yes (Sydney Harbour Bridge approach viaducts) • Conservation Area – Yes (Careening Cove Conservation Area) • FSBL - No

Environmental Planning & Assessment Act 1979 SEPP 55 - Contaminated Lands SREP (Sydney Harbour Catchment) 2005 Local Development POLICY CONTROLS North Sydney DCP 2013 DESCRIPTION OF LOCALITY The subject site is located at the south-eastern corner of Willoughby Road and Broughton Street. Currently occupying the land is a single storey building currently supporting a licensed restaurant for 90 patrons trading as “The Botanist”. The subject site is located within Careening Cove Conservation Area at the northern end of a strip of commercial/retail/food establishments along Broughton Street. The shops, cafes and restaurants in Broughton Street are in close proximity to Milsons Point Railway Station in an area identified in NSDCP 2013 as the Kirribilli Village Centre. The adjoining properties to the east of the subject site are residential dwellings at Nos 19 – 25 Willoughby Street. To the north of the subject site on the other side of Willoughby Road are two storey terraces at Nos 26-30 Willoughby Street. To the south of the subject site is a strip of shops and food and drink premises along Broughton Street including a beauty saloon and a cafe at No.45 Broughton Street and Kirribilli Hotel at No.35-37 Broughton Street further to the south.

Figure 2 & 3 – Subject Site (left) and Unauthorised Opening (right)

Unauthorised Opening


Figures 4 & 5 –Broughton Street to the north (left) and south of the site (right)

Figures 6 & 7 –Willoughby Street to the east (left) and north of the site (right) RELEVANT HISTORY A search of Council records revealed the following relevant development history of the subject site. 8 February 1975 Development approval was granted by Council for the use of the premises

at Nos 17 and 17A Willoughby Street as a “Bistro-type Licensed Restaurant” with a seating capacity of 60.

16 October 1995 Development Consent (D1313/95) was granted by Council for alterations and additions to an existing refreshment room on the subject site including an increase in the capacity of the premises to provide 90 seats. The approved operating hours as detailed in condition No.5 are 12 noon to 11pm Mondays to Saturdays and 10am to 11pm on Sundays only. Furthermore, consent condition No.7 stated that: “The refreshment room may be open for business only between 12noon – 11pm Mondays to Saturdays and 10am to 11pm on Sundays only and upon expiration of the permitted hours, all refreshment room service and entertainment shall immediately cease.” The premises had previously been operating as a licensed restaurant, known as “Milsons” until late 2012.

Subject Site

Subject Site

Subject Site


December 2012 Council’s Compliance Unit investigated reports of unauthorised works involving the creation of a new window adjacent to the entry porch as well as complaints about noise nuisance arising from patrons leaving the restaurant. In 2012, the subject premises commenced trading under a new name being “The Botanist”.

1 March 2013 A letter was sent to the property owner of the subject site about the operational issues, including noise nuisance, patron behaviour, unauthorised works undertaken on the north elevation adjacent to the entry porch and the potential breach of the hours of operation as approved under DA1313/95.

2 April 2013 Council issued a Notice of Intention to serve an order No.15 under section 121B of the Environmental Planning and Assessment Act 1979 to the property owners requiring compliance with the hours of operation as approved under DA 1313/95.

6 June 2013 Council issued an order No.15 under section 121B of the Environmental Planning and Assessment Act 1979 to the property owner requiring compliance with the hours of operation as approved under DA 1313/95. This order was revoked and replaced by a new order served on the operator of the subject premises.

15 August 2013 Council issued a Notice of Intention to serve order No.12 and No.15 under section 121B of the Environmental Planning and Assessment Act 1979 to the operator of the subject premises in relation to the unauthorised works and the non-compliance with the approved hours of operation.

27 September 2013 Council issued order No.12 and No.15 under section 121B of the Environmental Planning and Assessment Act 1979 in relation to the unauthorised works and the non-compliance with the approved hours of operation.

29 October 2013 The subject Development Application (D380/13) for alterations to the northern elevation and changes to the hours of operation of a food and drink premises was lodged with Council.

30 October 2013 The Applicant lodged a Class 1 appeal against the Order No.12 and No.15 under section 121B of the Environmental Planning and Assessment Act 1979 in relation to the unauthorised works and the non-compliance with the approved hours of operation.

Use of the Subject Premises

Previous DA approvals The above development application history for the subject site has revealed that a licensed restaurant was approved at the site in February 1972 with further development consent (DA1313/95) granted for the use of the premises as a refreshment room in October 1995. North Sydney LEP 2013 does not provide a definition for “refreshment rooms”, however, North Sydney LEP 1989, being the planning instrument used for the assessment of the 1995 development application provided a definition for a refreshment room as follows:

“refreshment room means a restaurant, cafe, tea room, eating house or the like, but it does not include a building or place elsewhere specially defined in this schedule.”


Since other food and drink premises, such as tavern and take-away food shop, are separately defined in the LEP 1989, it is considered that the 1995 development approval related to the granting of consent for the use of the subject premises as a refreshment room/restaurant. Additional Information about the Current Operation A site inspection of the subject premises and a review of materials provided on the website for “The Botanist” indicated that the restaurant serves a range of food and beverages. In this regard, the current operation is consistent with the definition of a “restaurant or cafe” as contained in the Dictionary of North Sydney LEP 2013, being:

“restaurant or cafe means a building or a place the principle purpose of which is the preparation and serving, on a retail basis, of food and drink to people for consumption on the premises, whether or not liquor, takeaway meals and drinks or entertainment are also provided.”

Concluding Remarks about the Use of the Premises Having regard to the development approvals granted for the subject premises, the additional information about the current operation of the premises and the definition of a restaurant or cafe in North Sydney LEP 2013, it is considered that the subject premises is generally operating as a restaurant albeit for more casual dining rather than fine and/or formal dining. Character of the Locality Part C of North Sydney DCP 2013 relates to the Character Statements for specified planning areas in the North Sydney Local Government Area (NSLGA). The subject site is located within the Kirribilli Planning Area (see Figure 8). Part C – Section 8 of North Sydney DCP 2013 provides details of the desired future character for the Kirribilli Planning Area. The subject site is located at the northern end of the Kirribilli Village Centre but technically located in the Careening Cove Conservation Area. The location of the subject site is on the fringe of the commercial area where residential properties are located further to the east along Willoughby Road with other residential properties to the north on Broughton Street.


Figure 8: The subject site and its close proximity to residential area The following aspects of the Character Statement of the Kirribilli Planning Area are considered to be relevant to the proposed development: Function:

• A number of non-residential uses coexist peacefully with residential uses without adverse impacts on amenity.

Environmental Criteria:

• The impacts of non-residential uses, such as noise and air pollution, are minimised. Having regard to the character of the locality and the proximity to residential properties, it is considered that the any amenity impacts, including noise nuisance, must be minimised to protect the amenity of the nearby residential properties. REFERRALS Health The application, including the acoustic assessment report submitted, was referred to Council’s Team Leader Environmental Health who provided the following comments:

Subject site


The acoustic report does not appear to address the amenity criteria nor North Sydney Council’s Development Control Plan 2013 with regard to Noise Emission limits from non residential premises. The “Project Specific Noise Levels” referred to in the acoustic report exceed amenity criteria and DCP noise limits. The noise levels described in the report are unacceptable because they exceed the DCP limits. Noise measurements were taken from 53-55 Broughton Street to obtain a back ground noise level. Given that this road carries a significant amount of traffic, it may not be representative of back ground noise levels on Willoughby Street. An additional logger should have been placed in a Willoughby Street residence. The acoustic report advises that traffic noise is the dominant external noise source. The EPA Industrial Noise Policy specifies criteria to be applied for “Assessment in areas of high traffic noise”. This does not appear to have been addressed in the acoustic report. Also the Industrial Noise Policy advises that for planning/approval purposes the method for determining the background noise should be, amongst other things, continuous sampling accompanied by periods of operator attended monitoring equivalent to one weeks worth of valid data collection covering the days and the operational times of the development. The submitted acoustical report shows noise readings taken over a 12 hour period with no attended monitoring. The acoustic report refers to restaurant patron noise levels derived from the consultant’s library. No information is given in this regard, such as how many people were occupying the premises in question and/or when the noise readings were taken. The report does not discuss the total number of patrons potentially occupying the premises and the number of patrons assumed to be talking at any one time. We are given a figure of 84dB(A) at 3M as the noise level from the premises but no data to support this claim.”

Comment: The comments from Council’s Team Leader Environmental Health have revealed that the acoustic report does not provide sufficient information to make a determinative conclusion in this regard. The noise levels referred in the acoustic report do not comply with the DCP limits and the noise measurements were not taken from potentially effected residential properties along Willoughby Street where background noise levels are likely to be lower than those along Broughton Street. Furthermore, concerns were also raised about the methodology of the report such as the duration of the data collection period and the lack of information about patron numbers. It is considered that the acoustic report submitted with the application is inadequate to provide a comprehensive and accurate assessment of noise levels arising from the restaurant and their likely impact upon nearby residents.


Heritage The application was referred to Council’s Conservation Planner who raised no objection to the proposal for a new acoustic window adjacent to the entry porch. Strategic Planning Council’s Strategic Planning Division has carried out a survey of operating hours for late night trading premises (primarily restaurants) approved after 2006 within the NSLGA as part of the comprehensive review of late night trading. The survey indicates that the typical closing hours of the late night trading venues within Kirribilli is 10.00pm Mondays to Sundays. There is only one cafe which has approval to operate until 11.00pm, 7 days and two other premises close at 11.00pm on Fridays/Saturdays. All these establishments are located further south at Nos’ 3A and 11-17 Broughton Street and No.12 Fitzroy Street. All except for 12 Fitzroy Street are not in as close proximity to potentially affected residential premises. Comment: The survey of late night trading premises has revealed that the characteristic closing hour for premises within Kirribilli is 10.00pm. The venues that enjoy later closing hours (11.00pm) are located more towards the centre of the Kirribilli Village between Fitzroy and Burton Streets away from residential areas. Furthermore, the operating hours for Kirribilli Hotel to the south of the subject site are between 10am and 12midnight, Mondays to Saturdays and 11am to 10pm on Sunday. The proposed closing hours for the subject premises, at 11.30pm, 7 days a week with an unspecific time frame for patrons to finish their drinks/meals is inconsistent with the typical closing hours of other restaurants/cafes within the Kirribilli Village Centre. It is noted that the proposed closing time on Sundays for the subject premises at 11.30pm being 1.5 hours later than the current closing time for the Kirribilli Hotel on Sundays. Furthermore, the restaurant on the subject site is located at the northern end of the Kirribilli Village Centre in close proximity to residential properties. The operating hours of businesses at this location should be consistent with the characteristic operating hours within the Kirribilli Village Centre as a minimum requirement to ensure residential amenity for nearby residents. The approved operating hours of the subject premises until 11.00pm Mondays to Sundays are considered to be adequate for this location and any further extension to the current trading hours would not be supported to maintain residential amenity. Building The application has not been assessed in respect of the Building Code of Australia, however the Act requires that Council impose a condition of consent requiring compliance with the BCA. Should significant amendments be needed to achieve compliance with the BCA or to obtain a Construction Certificate, a further Section 96 modification may be required.


Council’s Compliance Unit has investigated concerns about unauthorised work, in particular the north facing window installed without prior approval from Council. The current proposal relates to the removal of the window frame and the glazing currently attached to the opening and the installation of a new acoustic bi-fold window to that opening. It is considered that the application has not addressed the issues arising from the unauthorised works for the creation of the opening. In any case retrospective development consent cannot be granted for works without development approval. A Building Certificate may be applied for by the applicant for the work involving the creation of the opening on northern wall within the entry porch. SUBMISSIONS The owners of adjoining properties and the Milson Precinct were notified of the proposed development between 8 November 2013 and 22 November 2013. The notification of the application has attracted five (5) submissions. The basis of the submissions received are summarised as follows: Basis of Submissions • The application involves a change of use from a restaurant to a bar. • The subject premises is unsuitable for the current business. • Negative impact on the amenity for the adjoining residential properties in terms of excessive

noise, poor patron behaviour and late trading beyond the permitted hours. • Objection to any extension of operating hours and the current operating hours should be

strictly monitored. • Inaccuracies in the DA submission and supporting documents.

• The acoustic report ignores impacts on ground floor residential units within a nearby

Broughton Street residential property. • The acoustic report does not contain the correct information regarding the timing of data

collection. • The nearby residents are likely to suffer an increase in noise nuisance and anti-social

behaviour arising of the increased hours of operation.

• Concerns raised about the excessive noise generated by patrons arriving/leaving the premises.

• The installation and alteration of the window would cause noise and visual intrusion into

nearby residential properties. • Inadequate acoustic report. • Objection to the proposed extension of operating hours including New Years Eve because

this would generate more noise nuisance and anti-social behaviour. • The proposed increase in the trading hours would lead to more anti-social behaviour. CONSIDERATION The relevant matters for consideration under Section 79C of the Environmental Planning and Assessment Act 1979, are assessed under the following headings:


The application has been assessed against the relevant numeric controls in NSLEP 2013 and DCP 2013 as indicated in the following compliance tables. More detailed comments with regard to the major issues are provided later in this report. NSLEP 2013 Compliance Table

Principal Development Standards – North Sydney Local Environmental Plan 2013

Site Area - 204m² Proposed Control Complies Clause 4.2 – Heights of Building 2.4m

(Top of Window) 8.5 YES

Clause 4.4 – Floor Space Ratio No change 1:1 YES DCP 2013 Compliance Table

DEVELOPMENT CONTROL PLAN 2013 – Part B Section 2- Commercial and Mixed Use Development complies Comments 2.2 Function Diversity of Activities Yes The proposal would maintain the diversity of activities within

the locality. 2.3 Environmental Criteria Clean Air No The proposal for an extension of the operating hours is likely

to increase the level of emission of fumes from the existing exhaust and would adversely impact on the air quality of the adjoining residential properties.

Figure 9 – Exhaust fumes emitted from the subject site

Noise No Council’s Team Leader Environmental Health has revealed the acoustic report submitted with the application is inadequate to provide a comprehensive and accurate assessment of the acoustic impact of the operation on the nearby residents. Refer to the discussion above in relation to the environmental health comments.

Solar Access No change The existing building envelope would remain unchanged and there would be no additional overshadowing of the adjoining properties.

Views No change The proposal would not cause any additional loss of significant views currently enjoyed from the street and the adjoining properties.

Visual Privacy No The unauthorized opening where a new acoustic bi-fold window is proposed is unlikely to generate excessive visual privacy intrusion for the residents on the northern side of Willoughby Street with the separation caused by the road


reserve (approximately 15m). However, the proposed extension to the hours of operation would potentially increase the number of patrons using the nearby footpaths late at night causing a loss of visual privacy for the adjoining residential properties.

2.4 Quality built form Context No change The proposal would not change the built form character and

context of the locality. Setback – Side & Rear No change The proposal would not change the existing building setback

from nearby properties. Building Design No change The proposal for the installation of a window would not

significantly alter the design of the existing building. Skyline No change There would be no change to the building envelope and

skyline. Streetscape No change The proposal would not cause significant change to the street

elevation of the existing building. Entrances and Exits No change The proposed works do not involve any physical works to the

entrance of the premises. 2.5 Quality Urban Environment Accessibility No The subject site is not accessible for disabled patrons due to

steps at the main entry however this aspect of the operation is considered to be outside the scope of this current application.

Safety and Security No A review of the Plan of Management, attached to this report, has revealed that the plan does not contain specific actions in relation to patron behaviour and security. The Plan of Management has been based on the data contained in the acoustic report that has been found to be inaccurate by Council’s Team Leader in Environmental Health so Council is unable to support the recommendations within the Plan of Management.

Car Parking N/A No on-site parking is provided.

NORTH SYDNEY LEP 2013

1. Aims of Plan Consideration has been given Clause 1.2(2)(d)(ii) of NSLEP 2013 relating to the following:

1.2(2)(d)(ii) ensure that non-residential development does not adversely affect the amenity

of residential properties and public places, in terms of visual and acoustic privacy, solar access and view sharing,

The proposed development would result in a loss of amenity for nearby residents particularly in terms of visual and acoustic privacy as detailed in this report.

2. Permissibility within the Zone

The subject site is zoned B1 (Neighbourhood Centre) and the following types of food related uses are permissible within the zone:

(a) Restaurant and cafe; and (b) Takeaway food and drink premises

It has been established earlier in this report that the subject premises is being used as a licensed restaurant and alterations to an existing restaurant is permissible with consent.


3. Zone Objectives

The objectives of B1 (Neighbourhood Centre) zone are as follows:

• To provide a range of small-scale retail business and community uses that serve the needs of people who live or work in the surrounding neighbourhood.

• To encourage active life while maintaining high levels of residential amenity. • To encourage development for shop-top housing.

The current proposal for an increase in the hours of operation is considered to be a further intensification of the use of the premises, and likely to cause adverse amenity impacts on the surrounding residential properties contrary to the above objective concerned with high residential amenity. It is therefore considered that the proposed development is not consistent with the objectives of the B1 (Neighbourhood Centre) zone.

4. Building Heights

The proposal would not cause a breach to the maximum building height permitted for the subject site.

5. Floor Space Ratio

The proposal does not involve any additional floor area so there would be no increase in the floor space ratio at the subject premises.

SEPP 55 and Contaminated Land Management Issues The subject site has been considered in light of the Contaminated Lands Management Act and it is considered that as the site has been used for residential/restaurant purposes for many years, contamination is unlikely so further investigations into this matter is considered to be unnecessary. SREP (Sydney Harbour Catchment) 2005 The subject site is not visible from the harbour and the proposal would have no impact on the scenic quality of the harbour and foreshores. DEVELOPMENT CONTROL PLAN 2013 Kirribilli Planning Area (Careening Cove Conservation Area) The application has been assessed against the relevant controls in Part B of North Sydney DCP 2013 and found to be unsatisfactory. Consideration has also been given earlier in this report to the relevant provisions as contained in the Character Statement for Kirribilli Planning Area in Part C of North Sydney DCP 2013.


The proposal is considered to be inconsistent with the DCP Character Statement due to the likely adverse impacts on the amenity of the nearby residential properties. ALL LIKELY IMPACTS OF THE DEVELOPMENT All likely impacts of the proposed development have been considered within the context of this report. ENVIRONMENTAL APPRAISAL CONSIDERED 1. Statutory Controls Yes 2. Policy Controls Yes 3. Design in relation to existing building and Yes natural environment 4. Landscaping/Open Space Provision N/A 5. Traffic generation and Carparking provision Yes 6. Loading and Servicing facilities NA 7. Physical relationship to and impact upon adjoining Yes development (Views, privacy, overshadowing, etc.) 8. Site Management Issues Yes 9. All relevant S79C considerations of Yes Environmental Planning and Assessment (Amendment) Act 1979 SUBMITTERS CONCERNS The key issues raised in the submissions received primarily relate to the following issues:

(a) Use of the premises; (b) Appropriateness of the proposed extension of operating hours (c) Noise nuisance, anti-social behaviour (d) Adverse visual privacy impacts.

The above issues have been considered in detail throughout this report. A summary is provided below:

(a) Use of the premises as a bar or restaurant Comment: Following a review of the development approvals granted for the subject premises and the additional information about the current operation, it is considered that the premises is generally operated primarily as a licensed restaurant and in accordance with the primary service authorisation.


(b) Appropriateness of the proposed extension of operating hours Comment: A survey carried out by Council’s Strategic Planning Division has shown that the typical approved closing hours for restaurants/cafe and other late night trading premises within the Kirribilli Village Centre is 10.00pm. Three premises at the southern end of the Kirribilli village centre currently have approval to trade until 11.00pm. The operating hours of the subject premises should be consistent with the typical operating hours of similar establishments (i.e. 10pm) within the locality as a minimum requirement to ensure residential amenity for the nearby residents. The subject site is located at the northern end of the Kirribilli Village Centre on the fringe of the Conservation Area where there is a greater number of residential uses in Broughton Street and Willoughby Road in close proximity to the subject premises. Having regard to the typical trading hours of the premises within Kirribilli and the proximity of the subject site to existing residential properties, the existing approved operating hours of the subject premises to 11.00pm Mondays to Saturdays is considered to be appropriate for its location and a further extension of operating hours is not supported.

(c) Noise nuisance Comment: Council’s Team Leader Environmental Health has indicated that the acoustic report is inadequate in many aspects including non-compliance with the DCP noise requirements and questionable methodology. It is considered that the current acoustic report has failed to provide a comprehensive and accurate assessment of the acoustic impact of the operation of the subject premises for the nearby residents.

(d) Adverse amenity impacts Comment: The proposed installation of bi-fold windows to an unauthorised opening is unlikely to cause a loss of privacy for nearby residential properties. However, the proposed extension to the hours of operation for the restaurant would promote noise nuisance and increase the number of patrons using the nearby footpaths late at night causing a loss of visual and acoustic privacy and has the potential to promote anti-social behaviour. CONCLUSION The development application has been assessed against the North Sydney Local Environmental Plan 2013 and North Sydney Development Control Plan 2013.


The use of the subject premises is considered to be a licensed restaurant with primary service authorisation which allows one third of all patrons of a restaurant to have a drink at a table without having a meal. Whilst a restaurant use is permissible within a B1 (Neighbourhood Centre) zone, it is considered that the premises should be subject to the same operational restrictions as other restaurants within Kirribilli. The subject site is located at the northern end of Kirribilli Village Centre with adjoining residential properties to the north and east of the subject site. This is an area of transition in terms of land uses from commercial to residential uses. According to a recent survey carried out by Council, the existing closing hours of the subject premises at 11pm is already inconsistent with the typical closing hour of 10pm for late night trading premises within Kirribilli. Therefore, a further extension of operating hours to 11.30pm is not supported. In addition, the proposal would intensity of the use of the subject premises causing additional noise nuisance and loss of privacy for nearby residents. The proposal is, therefore, unlikely to achieve the planning objectives for the LEP and the zone concerned with the retention of residential amenity. Dependent on the outcome of the current trading hours policy review it may be open for the applicant to revisit the proposed trading hours should trading hours generally be increased. Accordingly the proposed development is recommended for refusal for the reasons stated below. RECOMMENDATION PURSUANT TO SECTION 80 OF ENVIRONMENTAL PLANNING AND ASSESSMENT ACT 1979 (AS AMENDED) THAT NSIPP, as the consent authority under delegation from the General Manager, refuse development consent to Development Application No. 380/13 for an extension to the trading hours of an existing restaurant and a new acoustic window at No.17 Willoughby Street, Kirribilli, as shown on drawing numbered 1227-DA-01 Rev A, dated 2/10/13, drawn by Martin & Spork Pty Ltd, and received by Council on 29 October 2013, for the following reasons:-

1. The proposed development does not satisfy the specific aims of North Sydney Local Environmental Plan 2013 (NSLEP 2013) as listed in Clauses 1.2(2) (d)(ii) of NSLEP 2013 in relation to adverse amenity impacts for residential properties caused by non-residential development.

2. The proposed development does not satisfy the objectives of North Sydney Local

Environmental Plan 2013 (NSLEP 2013) as listed in the land use table for B1 (Neighbour Centre) zone in relation to the retention of high levels of residential amenity.

3. The application fails to satisfy the development controls for the following sections

in Part B of the NSDCP 2013 and is therefore considered unacceptable:


a. Part B - Section 2.3.1 Clean Air b. Part B – Section 2.3.2 Noise c. Part B – Section 2.3.11 Visual Privacy d. Part B – Section 2.5.2 Safety and Security

4. The application fails to satisfy the development controls for the following section in

Part C of the NSDCP 2013 and is therefore considered unacceptable:

a. Section 8.0 – Function, Environmental Criteria for Kirribilli Planning Area.

6. Retrospective development consent can not be granted for the unauthorised works associated with the creation of an opening on the northern wall adjacent to the entry porch in accordance with the EP & A Act 1979 (as amended).

7. The Acoustic Report submitted with the application failed to provide sufficient

and/or reliable data to allow the proper assessment of this aspect of the application contrary to the requirements of the North Sydney Development Control Plan 2013.

8. The Plan of Management did not provide sufficient noise minimisation strategies

nor did it provide sound management practices to discourage anti social behaviour after patrons left the restaurant.

9. The approval of the proposed development is not in public interest due to the likely adverse impact upon residential amenity for neighbouring properties.

Robin Tse SENIOR ASSESSMENT OFFICER Robyn Pearson Stephen Beattie TEAM LEADER ASSESSMENTS MANAGER DEVELOPMENT SERVICES

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ATTACHMENT TO IPP03 - 11/12/13

For privacy reasons, the architectural plans have been removed

from this document prior to publishing on the web. The plans

attached to the hard copy report may be viewed at Stanton Library

during opening hours or at the Customer Service Centre in Council

Chambers between 9.00am and 4.00pm Monday to Friday.

17 WILLOUGHBY STREET KIRRIBILLIDEVELOPMENT APPLICATION

ACOUSTIC REPORTFor

APPLEJACK HOSPITALITYG/. TOMASY PTY. LTD.

Preparcd by: West andAssociates. Pty LtdABN 12 003 731 851Buiiding Seryrbes and

Acoustic EngineersSulfe A, 39 Smith Ave.

ALLAMBIE NSW 21OOPh: (02) 9905 373sFax: (02) 99059889Mobile: 0412 661 023

Em ail : m [email protected] m.a uWeb: www.waapl.com.au

Job No Ref. lssue Date Prepared Ghecked Authorised

2183t8 13226 A 21 October2013

WanruickWest

Joel West WanruickWest


Development Application Acoustic ReportRestaurant 17 Willouqhbv St. K¡ribilli

I7 WILLOUGHBY STREET KIRRIBILLIDEVELOPMENT APPLICATION

ACOUSTIC REPORT ForAPPLEJACK HOSPITAL¡TY

C/. TOMASY PTY. LTD.

contents,l. PROJECT DESCRIPTION 1

1.1. REPORT TO SUPPORT DEVELOPMENT APPL¡CATION 1

1.2. AIM OF REPORT 1,l.3. LOCATION & CHARACTERISTICS OF THE SITE 21.4. NOISE FROM SITE 3

1.4.1. Noise From Proposed Development 3I.5. EXTERNAL NOISE AT SITE 3

1.5.1. Road Traffic Noise 31.5.2. Mechanical Services Noise 3

2. NOISE CRITERIA 42.1. PROJECT SPECIFIC NOISE LEVEL 42.1.1. Rating Background Level Determination 42.1.2. Project Noise Criteria For This Report 42.1.3. Road Traffic Noise Intrusion 5

2.2. BUILDING CODE OF AUSTRALIA. ACOCUSTIC REQUIREMENTS 53. NOISE MEASUREMENTS 53.I. BACKGROUND NOISE MONITORING LOCATION AND TIME 53.2. SITE ATTENDENCE 53.3. MONITORING INSTRUMENTATION 53.4. MONITORING, CALIBRATION AND CALCULATION PROCEDURES 63.5. ENVIRONMENTAL CONDITIONS DURING MONITORING 63.6. LOGGER SETTINGS 6

4. DISCUSSION ON NOISE MEASUREMENTS 64.1. BACKGROUND NOISE RESULTS 6

4.1.1. Comments On Background Noise Results 64.1.2. Project Specific Noise Level 74.1.3. Road Traffic Noise Assessment 7

4.2. METHOD OF DETERMINING NOISE LEVELS AT DISTANCES 74.2.1. Calculation of Noise Levels Generated from Site 7

4.3. CALCULATED RESTAURANT NOISE LEVELS AT CLOSEST SENSITIVERECEIVERS 84.3.1. Patron Noise Levels I4.3.2. Mechanical Services Noise Levels I4.3.3. Patron Noise at Closest Sensitive Receivers I4.3.4. Mechanical Services Noise at Closest Sensitive Receivers I

5. COMPLIANCE WITH CRITERIA 95.I. GOMPLIANCE LEVELS 95.2. RECOMMENDATIONS 9

APPENDIX 1 PLOT OF BACKGROUND NOISE,T=í5 MINUTE ,.

Job No 2183/8, File 1 3226, lssue A, 21 October 2013 lssued By West and Ass. Pty Ltd

West and Ass. P/L Intellectual Propeúy: The contents of this repoft remains the intelleclual prcpefty of West and Ass.PIy Ltd and the Client has licence to use the material for purpose ít was preparcd. The material must not be reproducedby a third party without our wrítten approval.


Development Application Acoustic Report Page:1 of9

17 WILLOUGHBY STREET KIRRIBILLIDEVELOPM ENT APPLICATION

ACOUSTIG REPORTFor

APPLEJAGK HOSPITALITYC/. TOMASY PTY. LTD.

I.PROJECT DESCRIPTION

I.I.REPORT TO SUPPORT DEVELOPMENT APPLICATIONThis Acoustic Report has been prepared to assist Tomasy Pty Ltd in their submission ofthe Development Application for the existing Restaurant with extended hours of usage at17 Willoughby Road Kirribilli. The existing building at site has been used as a Restaurantand has operational approval up to 11 PM. The proposed usage intends to retain theRestaurant and kitchen with no internal fit out changes except for the building worksrecommended in this acoustic report to accommodate the extended hours of operation.The changes involve the time of usage based on information contained in the followingemaildocuments:1. Email dated 1111012013 with the Martin & Spork Pty Ltd Architectural Drawing1227-

DA-01, issue A dated 02110113

2. Email dated 2111012013 detailing the following changes to operating hours

. Monday to Sunday;- Change from I AM to 11 PM to 9 AM to 11:30 PM

. Public Holidays-General;- Ghange from 9 AM to 11 PM to 9 AM to 11:30 PM

. Public Holidays-New Years Eve;- Ghange from g AM to 11 PM to 9 AM to 2 AM

1.2.AIM OF REPORT

The aim of this acoustic report is to provide an acoustic assessment for the implication tochanges to the operating hours and cover matters typically addressed in Restaurantprojects and includes the following:

1. Provide description of the proposed works, of neighbouring properties and identifynearest sensitive receivers

2. Determine the appropriate noise criteria for the site considering the followingpublications:

. Noise Guide to Local Government 2010 (NG) published by the DECG&W3. Monitor background/road traffic noise in the immediate district for 1 night period

documenting the location of monitoring equipment, method and equipment use.

4. Assess background/road noise and determine single figure road traffic noise on theexternal facades for evening period and night periods using procedures laid out inthe NG & INP and recommend externaldesign sound criteria levels

Job No 2183/8 , File 'l'3226, lssue A, 21 Odtober 2013 lssued By West and Ass. Pty Ltd

West and Ass. PlL lntellectual Property: The contents of this report remains the intellec'tual property of West and Ass.Pty Ltd and the Client has licence to use the material for puryose it was prcpared. The mateial must not be reproducedby a third party without ourwríften apprcval.


Development Application Acoustic RepoÉ Page:2 of9

5. Assess noise sources that are likely to be generated at site, at the closest sensitivereceivers, state compliance with receivers and nominate any acoustic attenuation,construction or management requirements to satisfy NG criteria

1.3.LOCATION & CHARACTERISTICS OF THE SITEThe existing restaurant is located in the singlelevel property at 17 Willoughby Street Kirribillion the corner of Broughton St. The restauranthas two street level entrances, the mainentrance on the north western corner and aside entrance on the west side facingBroughton Street towards the south end of thesite at the far end of the property as seen in thephoto opposite. The secondary westernentrance is identified with arrow in the photoopposite.

P h oto-í 7 Wi I lo ug h by Street P ro perty

Photo- Close up of Main Entnnce Photo-Ciose up of Western EntranceCurrent practice of the restaurant is to use the main entrance during the day period only.From 6 PM onwards each night, the restaurant management clip a sign across the mainentrance to divert customers to use the western side entrance for both entry and exit.The main entrance remains the signed Internal escape route during evacuation.

Our inspection of site revealed thatthe closest sensitive receivers arethe residences in the block ofApartments located on the northernside over the road from therestaurant at 26 Willoughby Street asidentified by the arrow in the photoopposite. The western entrance canalso be seen on the right in the photoopposite.

P h oto-C I osesf Sens itiv e rec eivers, Â/o, 2 6 Wi I o u gh by StreetThe existing site can be seen outlined in the Google Area Map belowsensitive receivers are also identified in the Google Area Map

Job No 2183i8, File 13226, lssue A, 21 October 2013 lssued By West and Ass. Pty Ltd

West and Ass. PlL Intellectual Property: The contents of this repoñ remaíns the intellecfual property of WesI and Ass.Pty Ltcl and the Client has licence to use the material for purpose it was prepared. The mateial must not be reprcducedby a third party without ourwritten approval.

The closest



F

LOGGINGLOCATION CLOSEST

SENSITIVERECEIVER

lTWILLOUGHBYSTSITE

\

Figure 1: Google Area Map

1.4.NOISE FROM S'TE

1.4.l.Noise From Proposed DevelopmentThe proposed development does not include on site vehicle parking so there is no sitevehicle noise generated.

Noise will be generated from the patrons talking at their dinner tables plus backgroundmusic played by the restaurant. This report particularly addresses patron and backgroundmusic noise within the restaurant at the closest sensitive receivers

Noise will also be generated from the existing mechanical services that serve the internaltoilets, the kitchen exhaust system and the restaurant air conditíoning.

This report shall consider these sources of noise and their affect on the closest sensitivereceiver.

1,5.EXTER'VAL 'VO'SE

AT S'TE

l.5.l.Road Traffic NoiseThe dominant external noise source affecting this site is road and rail traffic noise fromvehicles using the Sydney Harbor Bridge located to the west of the site. The CahillExpressway elevated on ramp is -45 metres to the west of the site and is Sydney's CBDmain northern arterial road. The northern rail line is 80 metres to the west.

I .5.2.Mechanical Services NoiseThe existing site is located within the North Sydney Zoned Commercial Area mostlyoccupied by Restaurants, Shops and Offices, all of which are also served by kitchen

JobNo2183/8,Fi1e13226, lssueA,21 OctoÉr2013 lssued ByWestandAss. PtyLtd

West and Ass. PlL í¡¡tellectual Propefty: The contents of this rcpoft remains the intelleúual prcpeñy of West and Ass.Pty Ltd and the Client has licence fo use the material for purpose it was prepared. The materíal must not be reprcducedby a third paftywithout ourwritten apprcval.


Development Application Acoustic Report Page: 4 of 9

exhaust systems, toilet exhaust systems air conditioning systems, all of which willcontribute to the general background noise if the immediate area.

2.NOISE CRITERIA

2.I.PROJECT SPECIFIC AIO'SE LEVELThe overriding statutory requiremell fqr managemçn! .ol !g1t!lg!ity noise for allpremises is given in the Protection of the Environment Act 1997 IPOEO ActlThe POEO Act sets out the following:

. ldentifies responsibility for regulating noise (i.e. Local Government)¡ DefÌnes offens¡ve noise. Provides a range of tools to manage noise. Makes it an offence to do certa¡n things that cause em¡ssion of noise and breach

conditions of noise type OrdersThe POEO Act defines offensive noise in principle as being noise that, by reason of itslevel, nature, character @aity or time or'othei circumstalces:

1. ls harmful(or likely to be harmful) to a person outside the premises it is emitted2. lnterferes unreasonable (or likely to) with the comfort or repose of a person

outside the premises it is emitted3. ls outside the prescribed limits br certain noises prescribed by the Noise Control

RegulationsThe application of the POEO Act hinges on the understanding, the meaning anddefining of the word "offensive'.The POEO Act requires noise to be measured at the location of the receiver where theoffence is occurring. The following publications have been used in NSW to define andapply the relevant criteria to this site;The publication; the Noise Guide for Local Government 2004, (NG) written by the thenEnvironmental Protection Authority, now known as the Department of Environment,Glimate Change and Wate(DECC&W) is used in industry and by Local Government toquantitatively evaluate neighbourhood noise, to define how noise is to be measured andpresent relevant criteria that when met, provides an independent method of assessmentof compliance or level of non-compliance of source noise.The NG cross references the publication; the Industrial Noise Policy 2000, (lNP) alsowritten the DECC&W to define how the continuous monitoring method is used todetermine single figure day, evening and night period background noise levels aredetermined from the logged results how criteria are to be set and how areas of multipleand adjoining zoning are to be assessed.

2.l.l.Rating Background Level DeterminationThe INP defines the Rating Background Level (RBL) as the median of the AssessmentBackground Levels (ABL) for the respective periods of the day. The AssessmentBackground Levels are defined as the lower 1/10 percentile La so ers descriptorbackground noise measurements of each period of the day. Background noise must nothave noise produced from site being assessed and so, noise levels during soccer playtime was removed from the figures and replaced with a typical background noise levelso would not influence the calculations. These figures are derived from the results asplotted in the background noise log for site as shown in Appendix 1. Raw log data isavailable upon written request.

2.1.2.Pr$ect Noise Griteria For This ReportThe Project Specific Noise Level (PSNL) for the site is equal to background noise plus 5dB(A) and is also known as the lntrusiven:ss Criteria and we shall continue to use theterm lntrusiveness Criteria in this report.

Job No 2183/8, File 13226, lssue A, 21 OctoÉr 2Q13 lssued By West and Ass. fty Ltd

West and Ass. PlL lntellectual Propeftyr The contenfs of fáis report remains the intelleclual property of West and Ass.fty Lfd and the Client has licence to use the material for purqse it was prepared. The material musl not be rcproducedby a third party without ourwrítten approval.



2.l.3.Road Traffic Noise IntrusionWe have stated previously that road traffic noise is one source of significant externalnoise at this development. Though road traffic noise does not affect the operation of theproposed restaurant. However road traffic noise being the dominant source ofbackground noise it will contribute to mask noise from the restaurant interfering withthese closest sensitive receivers.

2.2.BUILDING CODE OF AUSTRAL'A- ACOCUST'C REQUIREMENTSAcoustic requirements of the Building Code of Australia- 2013 (BCA) are listed in PartF5; Sound transmission and lnsulation. This part of the BCA deals with buildingc-onstruction methods to provide a satisfactory level of airbome and impulsive soundisolation between apartments/occupancies and separating apartments/occupanciesfrom common areas and plant areas.The proposed development is not residential so there are no acoustic compliancerequirements with the BCA.However, this tenancy cannot interfere with the quiet enjoyment of adjoining commercialareas as typically written into lease documentation.

3.NOISE MEASUREMENTS

3.1.BACKGROUND 'VO'SE

MONITORING LOCATION AND TIMEThe fifteen minute continuous L Req, and L ngo descriptor background noise monitoringwas carried out at1.2 meters above ground level in the front yard outside the property at53-SSBroughton St Kirribilli. This lo-cation was chosen as it is far enougl'r äwäy fromexisting restaurant at 17 Willoughby St so as not to be atfected by any building servicesnoise, patron noise and restaurant music noise. The Restaurant closed it's front door a6PM so there was no internal restaurant noise head at the monitoring location. TheRestaurant is currently using the western alternative exit after 6 PM which is - 50metres from the monitoring location and so any noise from patrons entering or leavingthe premises would not be heard at the monitoring location.The logging was canied out between 7 PM Monday 2111012013 and 7 AM Tuesday2211012013. The monitoring equipment being located on the boundary open fence wasunobstructed by carked cars.Even though the site was not vacant at the time of our monitoring, site noise was notsignificant and was not heard at the monitoring location so the results representeddistrict noise from local road traffic and sunounding mechanical services plant at theclosest sensitive receivers.A plot of the L Req, and L nso descriptor background noise log is found in Appendix 1.

s.2.SITE ATTENDENCEWest and Associates attended the site on 1811012013 and again at the start and at theend of the above mentioned monitoring period to familiarise ourselves with the proposedsite and.

3.3.MON ITORIN G IN ST RU MENTATI ONNoise measurement instrumentation used to log continuous district background noise inthis report is an ARL, Model EL 316 (Iype 1) environmental noise logger Serial No. 16-203-500. Field calibration checks for the instruments were carried out using a AcousticCalibrator Type Rion NC 73 Serial No. 1 1127967. All instruments hold current NATAcalibration certificates and measurement instruments are in accordance with therequirements of AS 1259.2, Sound Level Metres, lntegrating Averaging.

Job No 2183/8, File 13226, lssue A, 21 Qctober 2013 lssued By West and Ass. Pty Ltd

West and Ass. PlL Intellectual PropeÊy: The contents of this rcport remains the intelleclual property of Wesf and Ass.Pty Ltd and the Client has licence fo use fhe material for purpose it was prcpared. The material must nat be reproducedby a third partywithout aurwritten apprcval.



3.4.MO N ITORIN G, CALIBRAT ION AN D CALCU LATION PROCEDU RES

ln accordance with the procedures laid out in AS 1055.1 field calibration check of theenvironmental noise logger was carried out immediately prior to and at completion ofmonitoring sessions and instrument was found to be within the specified limits.

A microphone wind-guard was in place for the full duration of the monitoring and so nocorrection factor required.

The 15 minute LRso, and Lneq log results were down loaded and single figurerepresentative values determined using Microsoft Excel software in accordance with theprocedures given in INP for L aes 15minr day, evening and night periods and AS 3671 for thesingle figure Lneqr ¡,fortheevening period, (6 AM to 10 PM) and the nighttime period,(1OPM to 7 AM) for the days monitored.

3. 5. E NVI RO N M E N T AL C O N D'T IO'I'S DUR"V G MO N IT OR'AIG

Temperatures on site were monitored within the logger and were between 16 to 25oC.Metrological data including temperature, barometric pressure and wind speed precipitationat site were not outside the recommendations of AS 1055. We therefore conclude noadjustments are necessary and so the measurements are considered valid.

3.6.LOGGER SETTTwGSThe settings of the environmental noise logger is shown in the Table below:Table I Noise LoggerSettings

\coustic Research Laboratories Pty Ltd - Type 1

Environmental Noise Logger

Logger Serial Number 16-203-500

[¡leasurement Title lBrou 17 Will

Mleasurement started at 2L/70/20t3 te:00

lVleasurement stopped at z2lLol2o73 6:18

Frequency Weighting A

Time Averaging Fast

Statistical lnterval 15 minute

Pre-measurement Reference 93.8

93.8Post-measurement Reference

dB SPLEngineering Units

4.DISCUSSION ON NOISE IUIEASUREMENTS

4.1 . BACKG RO U N D'VO'SE RESUT TS

4.l.l.Gomments On Background Noise ResultsBackground noise was monitored over one evening and night periods and thebackground noise monitored should reflect sampling of typical road traffic andsurrounding building noise at the site and adjacent to the closest sensitive receivers.The log of the results are plot in Appendix 1

Our comments regarding the log of the background noise monitored are as follows:

Job No 2183/8, File 13226, lqsue A, 21 OctoÉr 2013 lssued By West and Ass. Pty Ltd

West and Ass. PlL lnlellecfrtal Propefi: The contents of this rcpoft remains the intellec,tual prcperty of West and,Ass.Pty Ltd and the Client has licence to use the material for prJæose it was prcpared. The material must not be reproducedby a third partywithout ourwritten approval.


Development Application Acoustic Report Page:7 of 9

Restaurant 17 Willouohbv St. Kinibilli

1. Background Noise was constant during the evening (7 PM to 1OPM) and night(10 PM to 7 AM) periods which is characteristic of road traffic noise on a busystreet.

2. Background Noise tapers off during the night period (10 PM to 7 AM) reaching-43 dB(A) in the early hours of the morning then rises sharply after 4 AM.

The single figure evening and night period LAeo, t=1s ,in background noise wasdetermined according to the requirements of the Noise Guide and calculated to be 52and 43 dB(A) respectively. This results in the lntrusiveness Griteria beingbackground +5 dB resulting in the day, evening and night period noise level of 57 and48 dB(A) respectively.

4.1.Z.Prqect Specific Noise LevelThe NG states that the Project Specific Noise Level for this site will be equal to thelntrusiveness Griteria, determined above to be 57 and 48 dB(A) and to be measured asa Lneq, F15 min descriptor for the evening and night periods respectively. This is the noiselevel limitation that can be produced by this ite at the nearest sensitive boundary.

4.l.3.Road Traffic Noise AssessmentThe single figure average road traffic noise; L n.q 1=15¡1 (iê. combined day and eveníngperiods) and L A eq r=eH (ie. night period) for the period monitored between 25106/2013 to2710612013 for each combined Day/Evening Period and Night period are shown in thetable below. These figures were derived from the log results with these single figurescalculated according to the requirement of AS 2377; 2002 Acoustics-methods formeasurement of road vehicle noise'.

Table 3: Summary of Tnffic l\for.se Monitored

Road Trafüc Noise Monitored Evening L A"q, t=¿tt, NightT=9h¡

¡ Ae(t,

Time Avenge Road Traffic Noise LAeq, Frontof sire 63 dB(A) 5s dB(A)

The night period Time Average Road noise of 59 dB(A) should be the design figure torestrict road noise intruding a building inthat immediate area.

4.2.METHOD OF DETERMINING,I'O,SE LEVELS AT DISTA'VCES

4.2.1.Calculation of Noise Levels Generated from SiteWe have identified potential noise making sources (eg. patron noise and mechanicalservices noise. Based on these details, we have estimated the sound power levels ofeach noise source and calculated the theoretical cumulative sound pressure levels atthe closest sensitive receiver being a residence. We then compared the results with theappropriate criteria and where exceeded, additional noise mitigation is required. Forassessing the contribution of plant and equipment noise at the nearest sensitive receiverboundary, the more stringent 'night time period' PSNL criteria is used.The formula used to determine sound pressure at the receiving locations from plant androad traffic noise is as follows:

Lp2=Lw + I 0Log t oQ-20Log 1 6-1 I -AttWhere:

Lp2=sound pressuæ at ¡eceiver

Lw= sound power source

Q=directiviV factor, 2 for roof discharges, 4 for traffic on driveway or through basement carpark entrance

r= distance from outdoor unit to boundary

Att =attenuation of a noise barrier or other means where used

Job No 2183/8, File 13226, lssue A, 21 Oclobe¡ 2013 lssued By West and Ass. Pty Ltd

West and Ass. P/L lntellectual PropeÉy: The contents of this repoñ remains the intellec,tual prcpefty af West and Ass.Pty Ltd and the Client has licence to use the material far purpose it was prepared. The material must nat be reproducedby a third pafty without ourwriften approval.


Development Application Acoustic Report Page: I of 9

Restaurant 17 Willouqhbv St. Kinibilli

4.3.CALCULATED RESTAURAA'T 'VO'SE

LEVELS AT CLOSEST SE'VS'TIVERECE'YERS

4.3.l.Patron No¡se LevelsWe have previously monitored Restaurant patron noise(including background musicnoise) inside a premises and from our library we have used the following noisespectrums in our distance attenuation calculations.

4.3.2.Mechanical Services Noise LevelsReview of the toilet facilities and split air cooled air conditioning systems at site, we haveused the following noise spectrums in our distance attenuation calculations.

4.3.3.Patron Noise at Glosest Sensitive ReceiversDistance from the north facing windows of the internal patron seating area to the closestsensitive receivers, (ie at the residences on the south side of Willoughby Street) is 22metres. Patron noise at this location if only attenuated by the main entrance door whenopen and at distance of 22 metres and is calculated to be 57 dB(A) immediatelyoutside, eqqual to the evening period PSNL of 57 but above the PSNL night period of 48dB(A).Noise from the restaurant through the western door at being 40 metres from the closestsensitive receiver at a 90 degree angle calculates to be 48 dB(A), equal to the PSNLnight period of 48 dB(A).

4.3.4.Mechanical Services Noise at Closest Sensitive ReceiversThe mechanical service equipment is located on the roof above the kitchen area of theexistent restaurant could not be accurately determined due to the presence of roadtraffic noise. The distance from the plant to the closest sensitive receivers, is 40 metres.Equipment noise at this location is attenuated by distance and is calculated to be asfollows:

o Kitchen Exhaust Fan¡ WC Exhaust Fan¡ Kitchen Exhaust Fano 14 kWACo Combined Noise

48 dB(A)30263148

dB(ÐdB(A)dB(A)dB(A)

The combined noise of all mechanical services is calculated to be 48 dB(A) which iswell eqqual the PSNL night period of 48 dB(A).

Job No 2183/8, File 13226, lssue A, 21 October 2013 lssued By West and Ass. Pty Ltd

WestandAss.P/LlnlellectualPropeñy: ThecontentsofthisæpoñremainstheintelleclualprcpertyafWesfandAss.Pty Ltd and the Client has licence to use the material far purpose it was prepared. The materíal must not be reproducedby a third partywithout ourwritten apprcval.

Hz 63 125 250 500 1000 2000 4000 8000 dB(A)

Patron Noiselnside L¡*,.

78 86 82 81 80 76 72 68 84@3M

Hz 63 125 250 500 1000 2000 4000 8000 dB(A)

KitchenExhaust Fan LAeq,.

75 72 70 70 65 58 51 42 70@3M

WC ExhaustFan L¡*,.

83 77 69 66 58 58 56 50 58@3M

ACC, 14 kW LAeq,.

67 64 64 60 58 54 46 43 63@IM



Restaurant 17 \Mllouqhbv St. Kinibilli

S.COMPLIANCE WITH CRITERIA

5.I.COMPLIANCE LEVELSThe Restaurant Parton Noise from inside with ma¡n door open ¡s 57 dB(A) wh¡ch abovethe níght period(10 PM to 7 AM) Project Specific Noise Level Criteria for site of 48 dB(A)and so does not comply. The practice of operation is to close this door and the adjacententrance window which contributes another 15 dB(A) attenuation with domestic standardof glass and door sealing. Such a practice calculates in a resultíng noise levelconservatively at 35 dB(ÐThe other case with the Restaurant Parton Noise from the western entrance door is equalto the PSNL so complies.ln the case of the combined Mechanical Services noise from plant installed on the roof ofthe premises is 48 dB(A) which complies with the Project Specific Noise Level Criteria forsite of 48 dB(A).

5. 2. R E C O M ñI' E N D AT'OA'S

We therefore conclude that for compliance with the noise criteria determined by monitoringdistrict noise according to the requirements of the Noise Guide for Local Government thealternate operation recommended are as follows:

1. The restaurant can operate during the evening period with main entrance door andadjacent entrance landing window closed at 10 PM. The window can be left openbetween 9AM to 10 PM and patrons enter and leave the western secondaryentrance door after 10 PM.

2. The restaurant can operate during the evening period with main entrance door andadjacent entrance landing window open up to 10 PM and a sound lock be built atthe main entrance so patrons entering and leaving would not have both doors openat the same time. The sound lock door would only have to achieve a Rw airbornesound insulating of Rw25 to comply. The existing entrance landing window haverubber seals already fitted and in our opinion would achieve Rw 25 but performancenot tested

We note that the other noise sources do not exceed the noise criteria in the nightperiod so restaurant equipment can function any time of the day, evening or nightperiod

The Time of operation requested are acceptable if the recommended complyingrestrictions are complied with.

We have commented on acoustic requirements for the operation of the restaurant and notassessed the BCA requirements of entrances and exits.

End of Report

Job No 2183/8, File 1!226, lssue A, 21 Oúober 2013 lssued By West and Ass. Pty Ltd

West and Ass, P/L Intellectual Prcpefty: The contents of this rcpoñ remains the intelleclual property of West and,AscPty Ltd and the Client has licence to use the material for purpose it was prepared. The mateial must not be reproducedby a third party without ourwritten approval.


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PLAN OF fiIANAGETâENT

Appa¡GAfloN Fon A,LTERATIoN ToNonTHERN EIEvMoN (N¿UI

Acousrrc WNnow) AND Cr{AxGE ToHouns oF OpenanoN To Arìr

HOs"fiNG LIcENSED REFRES}IMENTRoorr

l7 Wlu-ouGHBYSrneEr,KrnntBru.I

Pnop¡nrv:

Appuc¡,ru:

T 7 WIU.OUGHBY S-TREETKlnrugn-uLor I, DP 95¡25,A7

TOU¡SY PTY LTO

Prepared by:

DENIS SMITH, PLANNING AND PROPERW CONSULTANT

TOITASY PTY LTD

l/1073 Pittwater Road

Collaroy NSW 2097

Mobile:0400-777.115

Fax: (02) 9972-0844

e-mail:

October 2013


l. Int¡oduclion

This Ptan of Management (PoM) has been prepared in response to the DevetopmentApptication for alteration to northern etevation (new acoustic window) and change tohours of operation to an existing licensed refreshment room. The Statement ofEnvironmental Effects submitted with the Devetopment Apptication must be read inconjunction with this PoM.

2. The Prcposal

2. I General Description

This apptication seeks an atteration to northern etevation (new acoustic window) andchange to hours of operation to an existing ticenced refreshment room (restaurant) at 17Witl.oughby Street, Kirribil.ti. Detaits of the proposal are outlined betow.

Alteration to Northern Elevation (New Acoustic Window)- Proposed new bi-fotd acoustic window to northern elevation within the entry

porch. Refer to ptan prepared by Martin & Spork for fu[[ details on location. Atsorefer to photo betow:

The project architect Frank Spork has noted the fottowing in his letter to Councit:

"The proposed bi-fold acoustic window will be located wíthin the entry porch and ismostly screened from view by the plonter boxes on the perímeter of the porch.The proposed wíndow is only 1.330 x 1.030 and not in a wall alignment, it will beconstructed with timber frame to match existing window joinery, as such it will have noimpact on the character of the Consentotion Area."

Change to Hours of Operation:

Existing Hours of Operation:

Monday to Saturday:Sunday:

Proposed Hours of Operation:

Monday to Sunday:

Public HolidavsGenerat:New Year's Eve:

12noon to l1:00pm10:00am to 11:00pm

9:00am to 1 1:30pm(with patrons abte to finish their meal/drink within areasonabte timeframe after I 1 :30pm)

9:00am to 1 1:30pm9:00am to 2:00am

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The owners of The Botanist have management provisions in ptace to mitigate noise andimpacts on the surrounding neighbourhood. After 6pm atl. patrons must enter and [eave viathe side entrance located off Broughton Street. Refer to photo below:

Main Entrance Side Entrance

It is atso noted that there is NO outdoor seating or [ive music on-site and management hasprocesses in ptace to ensure that al.L patrons leave in a safe and orderty manner.

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8. Siúe and locality Deúails

The subject site is known tegatty as Lot I in DP 952587,17 Wittoughby Street, Kirribitti.The site is located on the corner of Wittoughby Street and Broughton Street. The subjectsite is a single storey commerciat buitding with the one tenancy being the existingrefreshment room. The subject site is located within the Kirribitti Neighbourhood Centre.

The Kirribitti Centre is renowned for its boutique restaurants, cafes, laneways and shops.The area has a variety of land uses, but there are many restaurants, cafes, and takeawayfood and drinks premises. The fottowing tand uses are within the immediate vicinity of thesubject site:

Willoughby Street:- One-Two Storey Residentiat Dwellings/Terraces- DCB Studio - Architects- The Botanist (Subject Premises)

Broughton Street:- Hair, Nai[ and Spa- Café Manila- Kirribitti Hotel- Spit Roast Take Away- Ray the Butcher- lncas Café- Kirribitti Woodfire Pizzeria- Westpac- Ftight Centre- LJ Hooker- Vittage Dental- Pharmacy- Thai Fusion- Church- Kirribitti Vittage Café- Batch Burger & Espresso- Kirrakaze Sushi- Ginger Ftower Clothes- Kirribitti Deti- Mad ltatian Pizzeria- Kirribitti Flowers- Stir Crazy- BWS Bottle shop

Burton Road:- Garfish- Bakery on Burton- Witd Lotus - Ctothes- Japanese Restaurant

Fitzroy Street:- Bangkok Sidewatk Restaurant- Bacino Bar- Kirribitti Seafood- Pirzeria Rio- Street market Asian Tapas

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Bungatow RestaurantMini Supermarket

Ennis Road:- Seafood & Burger Café- Cotoniat Bakery- Rickys Café- Pharmacy- Supermarket- Newsagent- lndian Restaurant- Australia Post- CBA- Hairdresser- RTA

It is noted that there are in excess of 25 cafes, restaurants and takeaway food and drinkspremises within the immediate precinct of the subject premises. lt is noted that thevarious retail outtets have varying hours of operation inctuding Kirribitti Hotel which hashours of operation of Monday - Saturday 10am to 12am and Sunday 10am to 10pm. lt isnoted that the proposed apptication is not unreasonabte for the change to the hours ofoperation proposed for the subject premises.

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Locality Map

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VisualAna

Pkwtogrph aÍ Subjeet Premises - lV Wtltougträy Street" Kirriäilli

Photogroph of Subject Premises from northern side of Wìlloughöy Street

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Photograph of Subject Premises lrom Broughton Street tookiry Nortl¡

Ptntogroph of Kìrribilli Neþhöourhæd Centre

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4. Specilic Pruposal lletails

4.1 ldentification of any Active Areas

The apptication is for an atteration to northern etevation (new acoustic window) andchange to hours of operation to an existing licenced refreshment room within the Kirribitl,iCentre. The area is renowned for its mixed uses and in particutar the number ofrestaurants within this precinct. The proposal meets the objectives of the zone. The areahas a protiferation of restaurants, hotets/apartments, cafes, bars and retail outtets. Thearea is also a key tink between the Northern Suburbs and the City CBD.

4.2 Floor Plan

Please refer to the architectural drawing submitted with the devetopment apptication andprepared by Martin and Spork Pty Ltd.

The principal entry to the facitity is located directly off the corner of Wittoughby Streetand Broughton Street and is situated approx. 50m to Mitsons Point Train Station.

4.3 Maximum Capacity of the Premises

The maximum capacity of these premises is 90 patrons as per condition 18 of DevetopmentApptication No I 31 3/95.

4.4 Location of Waste Storage Areas and Deliveries

The existing waste and recycling provisions remain on-site and wit[ be sorted and stored inthe appropriate containers and shatl be deatt with and disposed of in accordance withheatth regulation and waste contractor requirements.

Staff members are instructed to ensure that any gtass botttes associated with therestaurant are disposed within atlocated bins before 10pm, otherwise they are to bestored internatty and disposed of the next day so there is no emptying of gtass into binsafter the trading hours cease.

The operators witl take reasonabte measure to ensure that detiveries to and from thepremises are made between 8am and 5.30pm weekdays and 9am and 5pm Saturdays. Theoperators wit[ take a[[ reasonabte measures to ensure that the remova[ of waste from thesite will take place between 7am and 6.30pm weekdays and between 8.30am and 5pmSaturdays.

4.5 Pest control

The existing premises (refreshment room) currentty undertakes (and witt continue toundertake) quarterty pest inspections by a licensed pest controtter.

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5. Operaüonal Deúails

5.1 OrganisationalOverview

The proposed operators of the restaurant have qualified experience in the running ofrestaurants. They currently run numerous restaurants inctuding one at Bondi Beach, wherethey are active members of the [oca[ tiquor accord, chamber of commerce and regularlyattend precinct committee meetings, to ensure they run a safe, sound and efficientrestaurant that is in the best interests of the Bondi Beach community and its residents.Between them they have over 25 years' experience combined, and if you inctude a headchef for the restaurant you are tooking at experience of over 40 years.

The manager of the premises witl ensure that one of the staff members on duty witt be incharge of managing the premises to ensure that the patrons are acting in an orderlymanner and to ensure the management of the entrance and exit to the site after 6pm isvia the side entrance off Broughton Street. lt is noted that the premises operate as a fultyticensed restaurant and the operators have a liquor licence. The facitity operates on thebasis of bookings and walk-ins, in strict comptiance with maximum patron numbers.

The operators are prepared and have experience in liaising and cooperating with the NSWPotice and the locat community regarding the management of the premises.

5.2 Hours of Operation

The proposed change to hours of operation to the existing refreshment room are:

Proposed Hours of Operation:

Monday to Sunday: 9:00am to 11:30pm(with patrons able to finish their meal/drink within areasonable timeframe after I 1 :30pm)

Pubtic HolidavsGenera[:New Year's Eve:

5.3 Acoustics

The alteration to the northern etevation (new acoustic window) and change to hours ofoperation to the existing refreshment room, wi[[ not resutt in unreasonable noise emissionwhich woutd diminish the amenity of the area, nor impact on any surrounding residents.The proposed new acoustic window witt hetp atteviate concerns from neighbours and thepoticy of utitising the side entrance after 6pm manages patron noise when entering andleaving the premises. Staff witl be present to monitor patrons to ensure if there is anynoise from the operation of the restaurant that it does not unduty affect theneighbourhood.

An Acoustic Report has been undertaken by West & Associates Pty Ltd for the subjectapplication. lt is noted that the change to the hours of operation for the existingrefreshment room are:

9:00am to 11:30pm9:00am to 2:00am

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Monday to Sunday:

Pubtic HotidaysGenerat:New Year's Eve:

9:00am to 11:30pm(With patrons able to finish their meal/drink within areasonable timeframe after I 1 :30pm)

9:00am to 11:30pm9:00am to 2:00am

Retevant sections of the Acoustic Report are outlined below:

' 5. 2. RECO tÁtÄEN DAT I O NS

We therefore conclude that for compliance with the noise criteria determined bymonitoring district noise according to the requírements of the Noise Guide for LocalGovernment the alternate operation recommended are as follows:

1. The restaurant can operate duríng the evening period with maín entrance door andadjacent entrance landing window closed at 10 Plvl. The window can be left open between9Al{i to 10 Plvl and patrons enter ond leave the western secondary entrance door after 10Plvl.

2. The restaurant can operate during the evening period with maín entronce door andadjacent entrance landing window open up to 10 Plvl and a sound lock be built at the moinentrance so patrons entering and leaving would not have both doors open at the sametime. The sound (ock door would only have to achieve a Rw airborne sound insuloting ofRw25 to comply. The existing entrance landing window have rubber seals alreody fittedand in our opinion would ochieve Rw 25 but performance not tested

We note that the other noise sources do not exceed the noise criteria in the night periodso restauront equipment can function any time of the day, evening or night period. TheTime of operation requested are acceptable if the recommended complying restrictionsare complied with' "

, ource: west &, Associates 2or3

5.4 Security and Safety

It is submitted that the existing nature of the licensed refreshment room is such that thereis no perceived need for security personnel. The licensed restaurant wit[ cease serving by11:30pm and patronswitl beadvised to leave the premises in a quiet and orderty manner.Signage in the foyer witl advise patrons of these requirements. Taxis can be catled, ifneeded, for patrons and pubtic transport is readity avaitable with bus facitities in theimmediate precinct long Broughton Street and the Milsons Point Train Station that servicethe Sydney CBD, Northern Beaches and the North Shore.

A comptaints register wit[ operate regarding any complaints associated with the operationof the premises. The complaints register wi[[ inctude the fottowing:. Comptaint date and time. Name, contact and address detaits of persons(s) making the comptaint. Nature of comptaint. Name of staff on duty. Action taken by premises to resotve the complaint.The operator/management witl review safety and security on a regutar basis. Staff shouldcatt NSW Potice to report any suspicious, anti-social or criminal behaviour.

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5.5 Management

The operators of the licensed refreshment room witl take atl necessary and reasonablemeasures to ensure that the amenity of the neighbourhood is protected from theoperation of the premises. lt is important to note that the premise atready has anapproved use with hours of operation to llpm (proposed increase to 11:30pm) and thepremises are located within the Kirribitli Centre. The premises witl not materiatly affectthe amenity of the neighbourhood by reason of noise, vibration, odour, wastewater, wasteproducts or the tike. The premise is modern and high quatity facitity that witt attractpatrons with discerning taste.

5.6 Service of alcohol

Atcohol witt onty be served or made avaitable to patrons who are to be seated on thesubject premises. Atcohol witt be able to be served to patrons participating in theundertaking of the consumption of food on the premises. Patrons not consuming a meatwilt be abte to purchase atcohol on the strict understanding that they must be seatedwithin the premises. Alt staff wi[[ have to have a valid certificate of comptetion of aResponsibte Service of Atcohol (RSA) course.

5,7 Behaviour of Patrons

The operators wi[[ take a[[ reasonabte steps to control the behaviours of the patrons of therestaurant as they enter and leave the premises. The operators will erect signs at theexits of the premises requesting patrons to leave quietty and assign staff to ensure thatpatrons, in leaving the vicinity of the restaurant, do so promptty and as quietty as isreasonabte possible.

The operators and staff witl take atl reasonabte steps to ensure that there is no loitering inthe vicinity of the restaurant by potential patrons. Patrons disptaying disruptive ordisorderty behaviour witl not be served and witl be asked to leave the premises.

The fottowing procedure wi[[ appty to atl staff and management that are involved in theremoval of a person from the premises who is intoxicated, viotent or otherwise exhibitsanti -socia[ behaviour.

Verbal Communication with the customer(s) witt occur in an attempt to settte ordeftate a situation;lf the behaviour continues the manager witl contact the potice for assistance inremoving any customer

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Item - REPORTS

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Transcript of Item - REPORTS