BLUE MOUNTAINS LOCAL PLANNING PANEL ITEM NO: 2.3 – 3 FEBRUARY 2020
ITEM No. 2.3
REPORT: Development Application No. X/677/2019, for alterations and additions to an existing building in a recreational facility including the provision of additional queuing areas (for the ‘Skyway’ and the ‘Cableway’) and an enlargement of the existing outdoor viewing terrace, at (‘Scenic World’) No. 2 Violet Street, Katoomba
Reason for report The proposal contravenes a Development Standard imposed by an Environmental Planning Instrument by more than 10%.
RECOMMENDATION 1. That the written request (made pursuant to Clause 4.6 of the Blue Mountains Local Environmental Plan 2015), which seeks to vary the maximum building height Development Standard (of Clause 4.3 of the Blue Mountains Local Environmental Plan 2015), be supported.
2. That the Development Application No. X/677/2019, for alterations and additions to an existing building in a recreational facility including the provision of additional queuing areas (for the ‘Skyway’ and the ‘Cableway’) and an enlargement of the existing outdoor viewing terrace, at (‘Scenic World’) No. 2 Violet Street, Katoomba, be determined in accordance with Section 4.16 of the Environmental Planning and Assessment Act 1979, by the granting of consent subject to the conditions stated in Part 3 of the this report.
Reasons in support of 1. The application has been assessed, having regard to the heads of the recommended consideration under Section 4.15 of the Environmental Planning and decision Assessment Act 1979, and it is considered that the proposal is unlikely to have an adverse visual impact upon the surrounding area (including when viewing the site from adjacent escarpment areas or other prominent locations) or adverse ecological impact upon the natural environment (including any ‘environmentally sensitive land’).
2. The proposal generally complies with the relevant planning provisions, including those contained within Blue Mountains Local Environmental Plan 2015 and Blue Mountains Development Control Plan 2015.
3. The written request (pursuant to Clause 4.6 of the Blue Mountains Local Environmental Plan 2015) adequately justifies the non-compliance with the maximum building height provisions of the Blue Mountains Local Environmental Plan 2015.
4. The application was referred to the NSW Rural Fire Service, WaterNSW, NSW National Parks and Wildlife Service, Council’s Environmental Scientist, Council’s Principal Development Engineer and Council’s Principal Development Monitoring Team, with no objection raised to the proposal,
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subject to conditions of consent.
Disclosure Disclosure of any political donation and / or gift – No
Declaration of interest Declaration of interest – No
Report author Robert Walker - Senior Town Planner
Report authoriser William Langevad - Director, Environment & Planning Services
PART 1 Development proposal
PART 2 Council assessment
PART 3 Proposed conditions of consent
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PART 1: Development proposal
Applicant Hammons Holdings Pty. Ltd.
Land owner Hammons Holdings Pty. Ltd. & ORD No. 9 Pty. Ltd.
Location 2 Violet Street, Katoomba Lot & DP Lot 2 DP 1025431
Date lodged 20 August 2019
Value of works $1,126,000
Proposal in detail The subject application seeks Development Consent for alterations and additions to Scenic World as follows: Ground floor level
• Demolition of an open viewing terrace with an area of approximately 40m2.
• An addition with an area of approximately 90m2, comprising of additional patron queuing area for the ‘Cableway’, patron pram storage and a small storage room. First floor level
• Demolition of an open viewing terrace with an area of approximately 15m2.
• An addition with an area of approximately 45m2, comprising of additional patron queuing area for the ‘Skyway’.
• An addition (to a portion of a central void space) with an area of approximately 3m2.
• Construction of an open viewing terrace with an area of approximately 45m2.
Departure or variation to The Applicant has lodged a request to vary the maximum building height a development standard Development Standard.
Supporting The plans and documents lodged are considered sufficient to enable documentation assessment of the application. The application is supported by:
o Design plans o Stormwater Plan
o Statement of Environmental Effects
o A written request (pursuant to Clause 4.6 of the Blue Mountains Local Environmental Plan 2015) seeking to justify the non-compliance with the maximum building height provisions of the Blue Mountains Local
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Environmental Plan 2015
Documentation online Plans to scale and key documents lodged with the application can be viewed online. Go to www.bmcc.nsw.gov.au/development – Track and View applications. Search and select X/677/2019.
Reduced site and elevation plans are below.
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Site plan
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Elevation plan
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Perspective plan
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PART 2: Council assessment 2.1 Overview and summary of issues
Location 2 Violet Street, Katoomba
Lot & DP Lot 2 DP 1025431
Zoning Partially zoned SP3 – Tourist Partially zoned E2 – Environmental Conservation
It is noted that the proposal development is entirely located in the SP3 – Tourist portion of the site.
Characterisation of use Recreation Facility (major) This is defined as a … building or place used for large-scale sporting or recreation activities that are attended by large numbers of people whether regularly or periodically, and includes theme parks, sports stadiums, showgrounds, racecourses and motor racing tracks
Permissibility The proposed development is permissible with consent in the SP3 – Tourist zone.
Type of development Local
Applicable o State Environmental Planning Policy No. 44 – Koala Habitat Protection environmental planning State Environmental Planning Policy No. 55 – Remediation of Land provisions o o State Environmental Planning Policy (Sydney Drinking Water Catchment)
o Sydney Regional Environmental Planning Policy 20: Hawkesbury-Nepean River
o Blue Mountains Local Environmental Plan 2015
o Blue Mountains Development Control Plan 2015
Bushfire prone land The site contains bush fire prone land.
Heritage significance The site is listed within Part 1 of Schedule 5 (of the Blue Mountains Local Environmental Plan 2015) as containing two (2) Heritage Items, identified as ‘Scenic Railway and Environs’ (item No. K003) and ‘Katoomba Coal Mine’ (item No K045). The site is also associated with another Heritage Item listed within Part 1 of Schedule 5, identified as ‘Scenic Skyway’ (item No. K016) and a portion of the site is located within the ‘Jamison Valley Heritage Conservation Area’ (No K007’) Furthermore the site is also located in the vicinity of other Heritage Items also listed within Part 1 of Schedule 5. Refer to clause 5.10 in the Local Environmental Plan 2015 section of this Report for further discussion.
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Aboriginal significance While an Aboriginal place of heritage significance is declared within 50m of the site, an Extensive AHIMS search was undertaken and the declared place related to the upper Kedumba Valley and the Gully, both of which are well clear of the proposed development site.
Potentially The land is not listed on the Council’s potentially contaminated land register and contaminated land none of the activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing Land Contamination Planning Guidelines, are being or are known to have been carried out on the site.
Site description The site comprises of a single allotment of land having a total area of approximately 13.7 hectares and having frontages to Violet Street and Cliff Drive. The land extends from Cliff Drive over the escarpment and down to the floor of the Jamison Valley. Improvements to the site include the ‘Katoomba Scenic Railway’, ‘Katoomba Scenic Skyway’, ‘Katoomba Scenic Cableway’, boardwalks and associated structures within the valley, a base building which includes administration facilities, ticket sales, viewing areas, display areas, a restaurant and souvenir shop, and associated multi storey carpark. The premises are used for the purpose of a recreational / environmental facility, known as ‘Scenic World’.
The Blue Mountains National Park adjoins the site to the east and the south, while place of public worship premises, tourist and visitor accommodation premises and dwelling houses are located to the west and the north of the site.
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Development history / o Development Consent (No. 512/98) was issued on 23 July 1999, for the background refurbishment of the ‘Skyway’ tourist facility. It is noted that the development has been subject to a number of Modifications since approval.
o Development Consent (No. X/896/2015) was issued on 21 May 2016, for retaining, stormwater drainage and slope stabilisation works.
o Development Consent (No. X/619/2017) was issued on 31 August 2017, for the upgrades to the ‘Skyway West Station’. It is noted that the development has been subject to a number of Modifications since approval.
o Pre-Development Application lodgement advice (Land Use Advice No. O/469/2019, was issued on 17 May 2019, in relation to the associated / proposed works.
City wide infrastructure A contribution under the Blue Mountains Citywide Infrastructure Contribution contribution Plan is to be levied, as the proposed works are of a value more than $100,000.
Referrals Comments were sought and obtained from:
o NSW Rural Fire Service
o WaterNSW
o NSW National Parks and Wildlife Service
o Council’s Environmental Scientist
o Council’s Principal Development Engineer
o Council’s Principal, Development Monitoring Team
o Council’s Heritage Advisor.
Notification period The application was advertised and notified from 4 September 2019 until 18 September 2019.
Number of submissions One (1) submission was received.
Summary of Key issues determined in the assessment are: assessment issues o Non-compliance with the maximum building height of Clause 4.3 of the Blue Mountains Local Environmental Plan 2015 and consideration of the associated written request (pursuant to Clause 4.6 of the Blue Mountains Local Environmental Plan 2015) seeking to justify such.
o Consideration of any visual impacts upon the surrounding area, including when viewing the site from adjacent escarpment areas (such as from prominent locations / lookouts).
o Minimising any impact upon the natural environment and including upon any ‘environmentally sensitive land’.
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2.2 Evaluation The application has been assessed in accordance with s4.15 of the Environmental Planning and Assessment Act 1979 (EP&A Act). Only those provisions relevant to the proposed development have been addressed.
State Environmental Planning Policies – s4.15(1)(a)(i)
The following table provides for an assessment against the provisions applicable State Environmental Planning Policies.
State Environmental Planning Policy No. 44 – Koala Habitat Protection
Part Discussion Compliance
2 The proposal relates to land which is already developed / disturbed, and any Yes vegetation clearing impact is limited to the removal of planted ferns from an existing garden bed. The land affected does not consist of land that is ‘a potential koala habitat’ and there are no ‘feed trees’ listed in Schedule 2 of the Policy.
State Environmental Planning Policy No. 55 – Remediation of Land
Consideration has been given to whether the land is contaminated, as required by Clause 7 of State Environmental Planning Policy No. 55.
Potentially The land is not listed on the Council’s potentially contaminated land register and none of the contaminated activities that may cause contamination, listed in Table 1 of Planning NSW’s Managing land Land Contamination Planning Guidelines, are being or are known to have been carried out in the area of the proposed works.
State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011
Provisions Discussion Compliance
Part 2 – Assessment and WaterNSW has issued concurrence to the proposal and the Yes approval of development recommended conditions have been included within the and activities conditions of consent.
Sydney Regional Environmental Plan No. 20 – Hawkesbury-Nepean River
Standard Discussion Compliance
Part 3 – The proposal is within the Coxs River sub-catchment, and is consistent with Yes Development general planning considerations and the specific planning policies and controls related recommended strategies which are applicable to the proposed development, including water quality, water quantity and urban development.
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Blue Mountains Local Environmental Plan 2015 – s4.15(1)(a)(i)
The proposed development has been assessed against the provisions of the Blue Mountains Local Environmental Plan 2015, with significant points identified and discussed below.
Part 2 Permitted or prohibited development
Clause Standard Discussion Compliance
2.3 Land Use The subject site is partially zoned SP3 – Tourist with all the development Yes Table occurring within this zone.
The proposal could be categorised as Recreation Facility (major) which is a permissible use in this zone.
2.3 Zone The objectives of the zone are as follows: Yes objectives • To provide for a variety of tourist-oriented development and related uses.
• To provide tourist development that is compatible with the environmental, scenic and landscape qualities of the area.
• To enable other uses that complement tourist development without eroding the retail hierarchy of the local centres and villages.
• To promote a high standard of urban design and amenity in a high- quality landscape setting.
• To protect, manage and restore areas of high ecological, scientific, cultural or aesthetic values.
It is considered that the proposal is consistent with these objectives.
Part 4 Principal development standards
Clause Standard Discussion Compliance
4.3 Height of Maximum height of buildings only applies to the area zoned SP3 No. buildings Tourist. The subject site has a maximum height of buildings (HOB) of 8m to the north western portion of the zone and 5.5m to the south eastern portion of the zone. It is noted that the proposed works are located within both maximum building height areas.
The proposal results in a maximum height of approximately 10.3m within the 8m HOB area and approximately 7.6m in the 5.5m HOB area.
The application has been accompanied by a written request to vary these heights in accordance with clause 4.6 of LEP 2015. Refer to the Exceptions to Development Standards (Clause 4.6) section of this table for further discussion.
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Part 4 Principal development standards
4.3A Exceptions to The south eastern portion of the SP 3 Tourist zone is also identified NA. the maximum as Protected Area – Escarpment. This clause allows some floor space exceptions to the maximum building height requirements subject to ratio and meeting various criteria. One criteria is that the height is not to height of exceed 8m. Given the proposal already exceeds a building height of buildings 8m, an exemption is not available under this clause.
4.4 Floor space A maximum floor space ratio of 0.4:1 applies to the site. Yes ratio The proposal provides for a negligible increase to the existing floor space ratio of the site, which is substantially below 0.4:1.
Exceptions to Development Standards (Clause 4.6)
Exception The proposal provides a maximum building height of approximately 10.3m, being within requested the portion of the site with a maximum building height requirement of 8m. It is also noted that the proposal provides a maximum building height of approximately 7.6m, within the portion of the site with a maximum building height requirement of 5.5m.
Exclusions The Development Standard is not one of those excluded by Clause 4.6 (6) or (8).
Nature and The proposed 10.3m building height equates to a variation of 28.7% whilst the proposed extent of non- 7.6m building height equates to a variation of 38.2%. compliance
Objective of The objectives of Clause 4.3 are the standard to ensure that the bulk of development is not excessive and relates well to the local context,
to protect privacy and the use of private open space in new development or on adjoining land,
to nominate heights that will provide a transition in built form and land use intensity, and
to ensure an appropriate height transition between new buildings and heritage items.
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Part 4 Principal development standards
Justification The written request includes the following items of justification, in relation to the non- compliance: The roofline of the extension will be no higher than the existing building roofline. The building height limit is only exceeded because the ground level drops away sharply towards the eastern and southern edges of the extension.
The extension will be barely discernible (sic) from offsite viewing locations which look towards that part of the building which is more than 8m above ground level.
The written request is supported by photomontages and perspectives depicting the proposed works, in comparison to the existing attributes of the site.
Other It is considered that the contravention of the Development Standard does not raise any considerations significant matter with respect to State or Regional environmental planning.
Public benefit It is considered that there is no public benefit to maintaining the Development Standard in this instance.
Supported The proposed variation is considered supportable and the submitted justification sound. It is accepted that compliance with the Development Standard is unreasonable and unnecessary in this instance. There are sufficient environmental planning grounds to justify the variation. The proposal will not have an adverse visual impact on the surrounding area when viewed from adjacent escarpment areas, look outs or along public roads. The development only has a minor impact on existing vegetation and does not provide for a substantial increase in hard ground coverage. Notwithstanding this non- compliance, the proposal is considered to be consistent with the objectives of Clause 4.3.
Part 5 Miscellaneous provisions
Clause Standard Discussion Compliance
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Part 5 Miscellaneous provisions
Clause Standard Discussion Compliance
5.10 Heritage The overall site is listed within Schedule 5 part 1 of Local Yes Environmental Plan 2015 as containing two (2) Heritage Items. The listings are identified as ‘Scenic Railway and Environs’ (item No. K003) and ‘Katoomba Coal Mine’ (item No. K045). A portion of the overall site is also located within the Jamison Valley Heritage Conservation Area (‘K007’) with other Heritage Items in vicinity of the site.
A heritage study for the Katoomba Scenic World site was undertaken by Godden Mackay Heritage Consultants in 1996. This report concluded that the Scenic World site is a precinct of identified heritage significance, with the key elements being:
• Scenic Railway Route and Formation which has a high significance;
• The cable haulage route, Federal Pass Walking Track and Mine Adits which have moderate significance; and • Aerial Ropeway foundations and relics, mining landscape and relics, salvaged aerial ropeway bucket, and salvaged mining tramway skip which have some significance. The study identified that, as the original fabric of the railway route has changed in an ongoing way since its construction, its primary heritage value is in its operation. The proposed works are physically separated from the ‘Scenic Railway’ and located a substantial distance away from the walking track and mining related relics. The proposal is in keeping with the scale, architectural design and materials / finishes of the existing building. It is also noted that the proposal provides for the maintaining and promotion of the overall site for tourist related purposes, which is a significant element of the historic use of the site. The proposal is not considered to adversely affect the heritage significance of any Heritage Item or the Jamison Valley Heritage Conservation Area.
5.10 Aboriginal places While an Aboriginal place of heritage significance is declared Yes (8) of heritage within 50m of the site, an Extensive AHIMS search and the significance declared place related to the upper Kedumba Valley and the Gully, both of which are well clear of the proposed development site.
Part 6 Additional local provisions
Clause Standard Discussion Compliance
Impact on natural environment
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Part 6 Additional local provisions
Clause Standard Discussion Compliance
6.1 (2) Impact on Given the nature of the proposal and that such relates to land Yes & (5) environmentally which is already development / disturbed and that any sensitive land vegetation clearing impact is limited to the removal of planted ferns from a garden bed area, it considered that the proposal will not have an adverse impact upon any environmentally sensitive land.
6.1 (3) Development The application was referred to the NSW National Parks and Yes near Blue Wildlife Service, which resulted in a response raising no Mountains objections to the proposal. It is considered that the proposal has National Park minimal potential impact upon the heritage significance or scenic attributes of the adjacent Blue Mountains National Park.
6.3 Terrestrial The proposed works are located outside the portion the site Yes biodiversity identified as being ‘Fauna Corridor’. Given the nature of the proposal, the attributes of the site, and the separation between proposed works and the land identified as ‘Fauna Corridor’, it is considered that the proposal will not have an adverse impact on it.
6.4 Protected area – A portion of the development area is identified as ‘Protected Yes slope constraint Area – Slope Constraint. However where the works are area proposed consists entirely of already developed/disturbed land. The proposal does not substantially alter existing stormwater drainage arrangements. Given that the proposal relates to provision of additional queuing areas for existing elements of the overall facility (i.e. of the ‘Katoomba Scenic Cableway’ and the ‘Katoomba Scenic Skyway’), the proposed locations are also the most practicable and result in minimal overall impact.
A condition has been included in proposed consent requiring the provision of a Geotechnical Report (prepared by a suitably qualified person) demonstrating that the soil characteristics and structural elements of the land are suitable for the proposed development.
6.7 Protected area – Given the nature of the proposal, and that it relates to already Yes ecological buffer disturbed and developed land, it is considered that the proposal area will not have an adverse impact on significant vegetation communities or associated ecological buffers.
6.9 Stormwater The application has been accompanied by a Stormwater Plan Yes management depicting proposed stormwater management and drainage arrangements. The proposal includes the provision of a 6,000L detention tank, to capture the proposed additional roof area, and an associated 1,000L rainwater tank to provide for water reuse purposes. The development will also include the disposal of overflow via an existing ‘cliff outfall line’ (lined with corrugated
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Part 6 Additional local provisions
Clause Standard Discussion Compliance sheeting).
The proposed development incorporates best practice water sensitive urban design principles where possible, minimising any increase of non-permeable surface areas. The development does not increase stormwater runoff onto adjoining land and integrates stormwater management measures into the landscape.
A condition has been included within the proposed consent requiring the area beyond the outlet of the ‘cliff outfall line’ be upgraded and permanently maintained. This is considered sufficient to avoid any adverse impact from the proposal.
6.12 Protected area – This protected area is located across the the portion of the site Yes escarpment already developed with any vegetation clearing impact limited to the removal of planted ferns from a garden bed area.
The proposed development is contained within the existing viewscape when seen from the National Park, public lookouts and surrounding streets. The development does not substantially alter the height, character or scale of the existing building.
A condition has been included within the proposed consent requiring the replanting on site of any removed ferns
6.14 Earthworks The proposed works comprises of elevated floors supported by Yes steel columns with footings in (existing) bush rock, therefore requiring minor excavation and disturbance.
It is noted that a condition has been included within the proposed consent requiring the provision of a Geotechnical Report (prepared by a suitably qualified person) demonstrating that the soil characteristics and structural elements of the land are suitable for the proposed development.
6.15 Bush rock Any bush rock removal is to be limited to that required to Yes. removal facilitate the penetration and formation of footings associated with support columns.
A condition has been included within the proposed consent limiting bush rock removal / impacts to these defined areas.
Impact on built environment
6.19 Design It is considered that the proposal exhibits design excellence, Yes excellence having regard to the overall architectural design and materials/finishes of the existing building. The building is consistent with the existing public domain, view corridors and solar provisions the Blue Mountains Development Control Plan 2015.
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Part 6 Additional local provisions
Clause Standard Discussion Compliance
6.21 Sustainable It is considered that the proposal achieves ecologically Yes resource sustainable development practices where possible. management
6.23 Essential All relevant services are available to the site. Yes Services
Part 7 Additional local clauses – development in villages
Clause Standard Discussion Compliance
7.6 Development The site is identified on the Built Character Map as being within the Yes in villages – ‘Katoomba Precinct RE2 / SP3-KA20’. Katoomba The objectives for land within this precinct are: Precinct • to minimise and mitigate the impact of development on land in Zone E1 National Parks and Nature Reserves and Zone E2 Environmental Conservation,
• to minimise and mitigate the impact of development as viewed from any public place, including but not limited to Echo Point,
• to protect the amenity of adjacent residential areas, • to maintain existing pedestrian access between the Scenic World site and existing walking tracks in the adjoining national park. It is considered that the proposal is consistent with these objectives.
Proposed planning instruments – s4.15(1)(a)(ii)
There are no draft Environmental Planning Instruments that apply to the site.
Blue Mountains Development Control Plan 2015 – s4.15(1)(a)(iii)
The proposed development has been assessed against the provisions of the Blue Mountains Development Control Plan 2015, with significant points of consideration identified and discussed in the table below.
Part B Context, site analysis and design
Clause Standard Discussion Compliance
B1 Site and context The accompanying plans provide sufficient site analysis Yes analysis information.
B3.1.1 Urban design The application has been accompanied by photomontages Yes depicting the proposed works, in comparison to the existing attributes of the site, and as viewed from the public domain
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Part B Context, site analysis and design
Clause Standard Discussion Compliance (including from Cliff View Lookout). It is noted that the overall changes in design and character, when viewed from these locations, are relatively minor.
Part C Environmental management
Clause Standard Discussion Compliance
C1 Biodiversity It is considered that the proposal provides a site responsive design, Yes and natural which minimises impact upon any environmentally sensitive land. resources The development is also considered consistent with the attributes of the adjacent Blue Mountains National Park and Fauna Corridors. It implements ecologically sustainable development practices where possible, and protects overall environmental values.
C2 Bushland The proposal relates to land which is already developed and any Yes and weed vegetation clearing type impact is limited to the removal of planted management ferns from a garden bed. Overall it is considered that the proposal provides for the suitable protection of indigenous vegetation and for the least impact upon the identified ‘significant vegetation community’.
C4 Bush fire The application is supported by a documentation outlining, that: Yes
The proposed development is a minor modification to an existing building which has had similar modifications approved under the current bush fire planning requirements.
The building is constructed of non-combustible materials.
The building has some protection from an internal sprinkler system.
The proposed works do not increase the bushfire hazard or the number of people exposed.
There are multiple evacuation routes available should evacuation be necessary.
The application was referred to the NSW Rural Fire Service (pursuant to Section 4.14 of the Environmental Planning and Assessment Act 1979), which resulted in the provision of recommended conditions. The conditions recommended by the NSW Rural Fire Service, have been included within the proposed conditions of consent. Overall it is considered that the proposal satisfies the associated provisions of Planning for Bushfire Protection 2006.
C5 Tree and Vegetation clearing impact is limited to the removal of planted ferns Yes vegetation from a garden bed. The proposal does not result in an adverse preservation impact on the portion the site identified as ‘Fauna Corridor’.
C6 Water The application was accompanied by a Stormwater Plan depicting Yes management proposed stormwater management and drainage arrangements. The
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Part C Environmental management
Clause Standard Discussion Compliance proposal includes the provision of a 6,000L detention tank, to capture the proposed additional roof area, and an associated 1,000L rainwater tank to provide for water reuse purposes as well as the disposal of overflow via an existing ‘cliff outfall line’.
Overall it is considered that the proposal incorporates best practice water sensitive urban design principles where possible, minimises non-permeable surface area, does not increase stormwater runoff onto adjoining land, and integrates stormwater management measures into the landscape. It is noted that a condition has been included in the proposed consent requiring the area beyond the outlet of the ‘cliff outfall line’ to be upgraded and permanently maintained.
Part D Heritage management
Clause Standard Discussion Compliance
D1 Heritage The proposed works are separated from both the ‘Scenic Railway’ and Yes. located a substantial distance away from mining related relics. Furthermore, it is considered that the proposal is in keeping with the scale, architectural design and materials / finishes of the existing building. Accordingly it is considered that the proposal will not adversely affect the heritage significance of any Heritage Item or the Jamison Valley Heritage Conservation Area.
A condition has been included in the proposed conditions in relation to the finding of any archaeological relics during construction
Part E Site development and management
Clause Standard Discussion Compliance
E1 Services All relevant services are available to the site. Yes
E2 Traffic, The proposal provides for an overall addition of approximately 138m2 No. parking and of gross floor area and an overall reduction of approximately 10m2 of access open viewing terrace area.
A Recreation facility (major) is required to provide one (1) space per 5m2 of gross floor area. The proposal does not involve any increase to the existing car parking arrangements on site and the application has not been accompanied by a Traffic Impact Study.
The additional gross floor area and the overall proposal is essentially aimed at improving patron queuing and to separate queues from circulation routes. The development does not result in an
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Part E Site development and management
Clause Standard Discussion Compliance intensification to the overall use, and therefore, it is considered that no additional car parking demand will result from the proposed development.
E3.1 Accessibility The existing building is already suitably accessible including Yes (C1) accessible parking and a continuous path of travel into the building and to all public areas. Access between floors are provided by an existing lift.
A condition has been included within the proposed consent, requiring all new works to comply with the accessibility provisions of the Disability (Access to Premises – Buildings) Standards 2010 and the National Construction Code.
E4 Site Conditions have been included within the draft / proposed conditions Yes management which provide for compliance with the relevant requirements.
E5 Safety and The overall layout is in accordance with the ‘principles for minimising Yes security crime risk’ (Crime Prevention through Environmental Design) and it is considered that the proposal is satisfactory in this regard.
E6 Waste A condition has been included within the draft / proposed conditions Yes. management requiring the provision of a detailed Waste Management Plan. Subject to the inclusion of the associated draft / proposed condition.
Part G Locality management – Katoomba Violet Street Precinct
Clause Standard Discussion Compliance
G5.20 Katoomba Precinct The proposal has been assessed against the precinct NA (C1), RE2 / SP3-KA20 – objectives (for the ‘Katoomba Precinct RE2 / SP3-KA20’), (C2) & Violet Street Precinct and the building height and floor space ratio requirements, (C3) of the Blue Mountains Local Environmental Plan 2015.
G5.20 Katoomba Precinct The proposal relates to the portion of the site which is Yes (C4), RE2 / SP3-KA20 – already developed, and any vegetation clearing is limited (C6) & Violet Street Precinct to the removal of planted ferns from a garden bed. (C14) It is considered that the proposal will not adversely impact visually upon the surrounding area including when the site is viewed from adjacent escarpment areas.
G5.20 Katoomba Precinct The proposed additions are located behind existing Yes (C7) RE2 / SP3-KA20 – building elements and setback a minimum of Violet Street Precinct approximately 15m from Violet Street.
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Part G Locality management – Katoomba Violet Street Precinct
Clause Standard Discussion Compliance
G5.20 Katoomba Precinct The proposal relates to land that already developed, any Yes (C10) RE2 / SP3-KA20 – vegetation clearing type impact is limited to the removal of Violet Street Precinct planted ferns from a garden bed. The proposal does not result in a substantial increase in hard ground coverage. The proposed development is well in excess of the minimum 10% on land in the SP 3 – Tourist zone to be soft pervious / landscaped area.
G5.20 Katoomba Precinct The proposal is considered to be well articulated and Yes (C12) RE2 / SP3-KA20 – modulated in design, consistent with the existing building. Violet Street Precinct
G5.20 Katoomba Precinct The proposal is separated and oriented to minimise any Yes (C13) RE2 / SP3-KA20 – associated amenity impacts. Violet Street Precinct
Planning Agreement – s4.15(1)(a)(iiia)
There are no planning agreements that apply to the proposed development or the subject site.
Regulations – s4.15(1)(a)(iv)
There are no matters prescribed by the Environmental Planning and Assessment Regulation 2000, that apply to the proposed development.
Clause 94 Comment An inspection of the building was undertaken by Council’s Fire Safety officer and no fire Fire Safety safety concerns were observed. The building is currently on Council’s Fire Safety Statement database, and Council is receiving Fire Safety Statements, annually. The existing building is provided with a Fire Detection and Alarm System and a Fire Sprinkler System in addition to other Essential Fire Safety Measures. The provisions for egress are considered satisfactory. A Clause 94 upgrade of the existing building is not required given the relatively minor extent of the works and the existing fire safety systems being relatively up to date.
The conditions in the proposed consent include requirements for a Construction Certificate, Occupation Certificate and compliance with the Building Code of Australia.
Likely impacts – s4.15(1)(b)
Likely impacts It is considered that the proposal does not provide any adverse environmental, social or economic impacts.
Suitability of the site for the development – s4.15(1)(c)
Site suitability The site is considered to be suitable for the proposed development.
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Submissions – s4.15(1)(d)
Notification and / or exhibition
Consultation was undertaken in accordance with the requirements of Part H (Public Participation) of Blue Mountains Development Control Plan 2015 and the requirements under the Environmental Planning and Assessment Regulations.
Notification Written notification was sent to adjacent properties, providing for comments from 4 September 2019 until 18 September 2019. One (1) submission was received, which objected to the proposal and raised the following concerns:
Issue Comment
1. That the site is The proposal relates to additional patron queuing areas, and does not provide already for an intensification to the overall use of the premises. The portion of the site overdeveloped and is already developed and any vegetation clearing impact is to be limited to the already impacts on removal of planted ferns. The proposal will not adversely impact visually upon the escarpment site. the surrounding area including when viewed from adjacent escarpment areas.
2. The proposal Conditions have been included in the proposed conditions in relation to weed provides for further control, sediment and erosion control and relocation of planted ferns. weeds, erosion and loss of native vegetation.
3. Additional tourists / The proposal relates to additional patron queuing areas and circulation areas visitors to the site and is not expected to result in an intensification of the overall use of the provide safety traffic premises issues / impacts
Public interest – s4.15(1)(e)
Public interest No issues have arisen during the assessment that would indicate the proposed development is not in the public interest.
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PART 3 Proposed conditions of consent
APPROVED DOCUMENTATION / DEVELOPMENT
Confirmation of relevant 1. To confirm and clarify the terms of consent, the development shall be plans and documentation carried out in accordance with the following plans and accompanying supportive documentation, except as otherwise provided or modified by the conditions of this consent:
Sheet No. Prepared by / Project No. Revision Dated
DA001 PMDL / 2649 A 8 August 2019
DA100 PMDL / 2649 A 8 August 2019
DA101 PMDL / 2649 A 8 August 2019
DA102 PMDL / 2649 A 8 August 2019
DA103 PMDL / 2649 A 8 August 2019
DA104 PMDL / 2649 A 8 August 2019
DA105 PMDL / 2649 A 8 August 2019
DA200 PMDL / 2649 A 8 August 2019
DA201 PMDL / 2649 A 8 August 2019
DA300 PMDL / 2649 A 8 August 2019
DA400 PMDL / 2649 A 8 August 2019
DA401 PMDL / 2649 A 8 August 2019
DA402 PMDL / 2649 A 8 August 2019
DA403 PMDL / 2649 A 8 August 2019
DA106 PMDL / 2649 A 30 October 2019
Confirmation of approved 2. The approved development the subject of this consent is limited to the development following works, to portions of the existing base building as coloured on the approved plans (Nos. DA400, DA401, DA402 and DA403):
Ground floor level • Demolition of an open viewing terrace (approximately 40m2 in area).
• An addition (approximately 90m2 in area), comprising of additional patron queuing area for the Cableway, patron pram storage / parking and a small storage room.
First floor level
• Demolition of an open viewing terrace (approximately 15m2 in area).
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• An addition (approximately 45m2 in area), comprising of additional patron queuing area for the ‘Skyway’. • An addition (approximately 3m2 in area) to a portion of a central void space.
• Construction of an open viewing terrace (approximately 45m2 in area).
This consent does not approve:
• The removal of any trees. • Any external ground level changes.
• Any signage (including business identification type signage).
• Any altering of existing / approved site operations. The use of the premises is to be undertaken in accordance with the prevailing associated Development Consents.
GENERAL CONDITIONS
Construction certificate 3. A Construction Certificate is required prior to the commencement of any building works. This certificate can be issued either by Council as a certifying authority or by an accredited certifier.
Occupation certificate 4. The area must not be used or occupied prior to the issue of an occupation certificate in accordance with Sections 6.9 and 6.10 of the Environmental Planning and Assessment Act 1979.
NSW Rural Fire Service 5. a) At the commencement of building works and in perpetuity the Conditions property around the asset shall be managed as follows: • Continue to manage the existing Asset Protection Zone within the ‘Scenic World’ site / complex as an 'Inner Protection Area' as outlined within Section 4.1.3 and Appendix 2 in Planning for Bushfire Protection 2006 as well as the RFS Standards for Asset Protection Zone. b) All new proposed works to be constructed of entirely non- combustible materials.
c) Water, electricity and gas are to comply with Section 4.1.3 of Planning for Bush Fire Protection 2006.
WaterNSW Condition 6. The site layout, staging and works shall be as specified in the Statement of Environmental Effects (Version 1.2, dated 8 August 2019) prepared by Molino Stewart Pty. Ltd. and shown on the Site Plans (Project No. 2649, Drawing. Nos. DA100, 103-105, Revision A, dated 8 August 2019)
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prepared by PMDL Architecture & Design Pty. Ltd. No revised site layout, staging or external works that will have any impacts on water quality, shall be permitted without the agreement of WaterNSW.
Vegetation removal 7. a) Vegetation removal is to be limited to the removal of ferns from within the footprint of the associated additions. Where feasible and practical to do so, affected ferns are to be relocated to suitable landscaped area(s) elsewhere on the overall site, to minimise vegetation losses. In undertaking the fern relocation, it is critical to ensure the spread of weed propagules does not occur. b) No trees or area of other vegetation (i.e. beyond the footprint of the associated additions) are to be removed or pruned, without the prior separate written approval.
Restoration of disturbed 8. To prevent sediment leaving the site, all disturbed areas, earthworks and areas / or batters within the construction zone are to be stabilised and restored immediately it is possible to do so. These areas are to be revegetated with local native groundcover species.
Bush rock removal 9. The removal of any bush rock is to be limited to that required to facilitate the penetration for the formation of footings associated with support columns.
Materials and finishes 10. All material and finishes are to be completed in accordance with the approved plans. All other materials and finishes (i.e. where details are unspecified) shall be compatible in type, colour and texture to the existing building.
External lighting 11. To protect the amenity of the local area and to avoid obtrusive light spill to the surrounding properties, all external lighting, shall meet the following requirements: a) The lights are to be ‘warm white’ in colour; and
b) The lights are to have a light output distribution sufficient to achieve the required illumination purpose, while avoiding excessive light spill to the surrounding properties.
PRIOR TO THE ISSUE OF A CONSTRUCTION CERTIFICATE
Design plans – 12. The area at the end of the existing ‘cliff outfall line’ below the gabion Stormwater outlet mattress is to be upgraded and permanently maintained. Associated upgrade upgrade works are to include:
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• The removed of the existing silt fence.
• Soft engineering measures, such as coir logs, being placed in this area to protect the receiving lands.
Prior to the issue of a Construction Certificate, design plans and associated details, for these works are to be submitted to Blue Mountains City Council and approved by Council’s Environmental Scientist.
Access and mobility 13. To ensure access and facilities for people with a disability or limited design statement mobility are provided in accordance with the principles of the Disability Discrimination Act 1992 and the Council’s planning instruments, a design statement is required from a suitably qualified Access and Mobility Specialist. The statement shall verify that the proposed work as designed is accessible to people with a disability in accordance with:
• the accessibility provisions of the Disability (Access to Premises – Buildings) Standards 2010, and
• the National Construction Code, as required.
This statement is to form part of the Construction Certificate documentation.
Nothing is this condition alters any obligations imposed under the Disability Discrimination Act 1992.
City-wide Local 14. In accordance with the Blue Mountains City Council City-wide Local Infrastructure Infrastructure Contributions Plan, adopted 27 June 2017 (“the Contribution Contributions Plan”), a contribution of $11,260 shall be paid to Council. This amount will be adjusted* at the time of payment in accordance with Section 3.7 of the Contributions Plan.
The contribution shall be paid prior to the issue of a Construction Certificate.
The Contributions Plan is available for inspection at Council’s offices or on Council’s website at www.bmcc.nsw.gov.au. *Using the All Groups Consumer Price Index (Sydney), as published by the Australian Bureau of Statistics. You are advised to check the current amount payable with Council prior to any payment.
Geotechnical Report 15. A Geotechnical Report demonstrating that the soil characteristics and structural elements of the land are suitable for the proposed development, is to be prepared by a suitably qualified person, and submitted to and approved by the Principal Certifying Authority, prior to the issue of a Construction Certificate.
Construction 16. A Construction Management Plan is to be prepared by a suitably
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Management Plan qualified person, outlining construction management arrangements (including the use of any cranes and access to the site by heavy vehicles), is to be submitted to Blue Mountains City Council and approved by Council’s Principal Development Engineer.
Waste Management Plan 17. A Waste Management Plan is to be prepared in accordance with the associated requirements of the Blue Mountains Development Control Plan 2015, and submitted to and approved by the Principal Certifying Authority, prior to the issue of a Construction Certificate.
PRIOR TO THE COMMENCEMENT OF ANY WORKS
Sydney Water building 18. Approval must be obtained from Sydney Water Tap inTM to ensure that plan approval the approved development will not impact Sydney Water infrastructure. A copy of the building plan approval receipt from Sydney Water Tap inTM must be submitted to the Principal Certifying Authority, prior to works commencing.
Please refer to the web site www.sydneywater.com.au - Plumbing, building & developing - Sydney Water Tap inTM, or telephone 13 20 92.
Roads Act 1993 19. If any work is proposed in Council's road reserve (including occupation of the footpath), a separate Roads Act application is to be made to Council using the form available on Council’s website. Clear details of the proposed works are to be provided with the application, and no works in the road reserve are to commence until approval is received.
Fees will be payable, and all works in Council's road are to be at no cost to Council.
Construction in Council’s 20. Prior to the commencement of works in the Council’s Road Reserve, an roads onsite preconstruction meeting is to be arranged with Council’s Civil Works Officer.
The person or company carrying out the works are required to have workers compensation and public liability insurance to the value of at least $20 million. The policy shall indemnify the Council from all claims arising from the execution of the works. Proof of the policy is to be provided to the Council’s Supervising Engineer at the preconstruction meeting.
Inspections of the works will be required at specific stages, which will be advised at the pre-construction meeting. The applicant will be required to pay for the inspections in accordance with the Council’s Schedule of Fees and Charges.
A minimum 48 hours’ notice is required to book an inspection. Works are
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not to proceed further until that stage of the works has been approved in writing by the Council’s Supervising Engineer.
Exclusion zone 21. Prior to the commencement of any work on site, an exclusion zone must be established beyond the approved construction works, in accordance with Part E4.4 of the Blue Mountains Development Control Plan 2015, to prevent unnecessary soil disturbance and damage to vegetation and site features.
Establishment of exclusion zone - This zone is to be clearly identified by the placement of temporary brightly coloured barrier mesh or similar around the immediate perimeter of the area to be protected.
Restriction of activity - Within this exclusion zones, there shall be no storage of material, placement of structures, parking, operation or washing of equipment or vehicles or changes to soil level.
Permitted activity – Within exclusion zones, there may be approved non-mechanical asset protection works and weed control.
Inspection and maintenance - The exclusion zone is to be inspected and maintained to ensure its effective function for the duration of construction works. The Principal Certifier (PC) is to undertake an inspection of the barriers at each mandatory stage inspection to ensure they have been installed and maintained in accordance with this development consent.
Sediment and Erosion 22. To preserve the unique environment of the Blue Mountains a Soil and Control Plan Water Management Plan in accordance with principles outlined in the Managing Urban Stormwater Soils and Construction (Volume 1), dated March 2004 by Landcom NSW is to be submitted to and approved by the Principal Certifying Authority, prior to the commencement of site works.
This plan is to include scaled drawings and detailed specifications that can be readily understood and applied on site by supervisory staff. Items to be shown on the plan are to include, where applicable:
• Locality.
• Contours (existing and final). • Existing vegetation.
• Existing site drainage.
• Limit of clearing, grading and filling (location of all earthworks including roads, areas of cut and fill and regrading).
• Locations and design criteria of erosion and sediment control structures. • Site access.
• Proposed vegetative buffer strips.
• Location of critical areas (drainage lines, water bodies etc.).
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• Proposed techniques for stabilisation of disturbed ground.
• Procedures for maintenance of erosion controls. • Details for staging works.
Techniques for dust control.
Weed control 23. Systematic and effective control of all invasive species* is to be undertaken prior to or concurrently with the commencement of works.
Techniques used must be consistent with best practice and low impact bushland regeneration techniques, and in accordance with any specifications noted in any approved BMCC weed management strategies, or plans available at https://www.bmcc.nsw.gov.au/weeds or as recommended within Part C2.2 of the Blue Mountains Development Control Plan 2015.
The property owner is to ensure control is undertaken on a regular basis to ensure eradication of mature weeds in all areas, the depletion of soil stored seed, and the successful establishment of the approved plantings / restoration of bushland areas. *As identified under the provisions of the Biosecurity Act 2015 and Part C2.3 of the Blue Mountains Development Control Plan 2015.
Workers amenities 24. Before work starts, toilet facilities must be provided for construction personnel on the site. Amenities are to be installed / operated in an environmentally responsible and sanitary manner.
Signage 25. To ensure that the site is easily identifiable for deliveries and provides information on the person responsible for the site, a sign displaying the following information is to be erected in a prominent position on the site prior to building, subdivision or demolition works commencing:
• The name, address and telephone number of the principal certifying authority for the work.
• The name of the principal contractor for any building work and a telephone number on which that person may be contracted outside working hours, and
• The statement that “Unauthorised entry to the site is prohibited”.
DEVELOPMENT REQUIREMENTS DURING CONSTRUCTION / WORKS
Demolition management 26. The work is to be executed by a competent person, with due regard for safe working practices and in accordance with the requirements of the SafeWork NSW and AS 2601 The demolition of structures.
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At all times during demolition a competent person shall directly supervise work. It is the responsibility of the person to ensure that: • The structure to be demolished and all its components shall be maintained in a stable and safe condition at all stages of the demolition work. Temporary bracing, guys, shoring or any combination of these, shall be added for stability where necessary.
• Precautions are taken to ensure that the stability of all parts of the structure and the safety of persons on and outside the site are maintained particularly in the event of sudden and severe weather changes. Severe weather changes refer primarily to the localised high winds. In these circumstances loose debris can become airborne, particularly if it is in sheet form.
• The site shall be secured at all times against the unauthorised entry of persons or vehicles. • Utility services within the structure not required to be maintained during the demolition work shall be properly disconnected and sealed off before any stripping or demolition commences.
Site management 27. To safeguard the local amenity, reduce noise nuisance and to prevent environmental pollution during the construction / works period: • Site and building works (including the delivery of materials to and from the property) shall be carried out Monday to Friday between 7am-6pm and on Saturdays between 8am-3pm, excluding public holidays. Alteration to these hours may be possible for safety reasons but only on the agreement of Council.
• Stockpiles of topsoil, sand, aggregate, spoil or other material shall be stored clear of any drainage path or easement, natural watercourse, footpath, kerb or road surface and shall have measures in place to prevent the movement of such material off site.
• All loading and unloading during construction is to be undertaken from within the development site.
• Building operations such as brickcutting, washing tools, concreting and bricklaying shall be undertaken from within the development site.
• Builders waste generated under this consent must not be burnt or buried on site. • All waste must be contained and removed to an approved Waste Disposal Depot or in the case of vegetation, with the exception of environmental and declared noxious weeds, mulched for re-use on site.
Asbestos and other 28. If any asbestos or other hazardous material is discovered during site or hazardous materials demolition works, compliance with the following is required:
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Work Health and Safety Act 2011
Work Health and Safety Regulation 2017 AS 2601 – The demolition of structures
SafeWork NSW
Protection of the Environment Operations (Waste) Regulation 2014
Any asbestos or other hazardous material is to be disposed of to an approved waste management facility licensed to receive the waste. Evidence of disposal shall be provided upon reasonable request.
Building Code of 29. All building work must be carried out in accordance with the provisions of Australia the Building Code of Australia.
Erosion & sediment 30. a) The approved Sediment and Erosion Control Plan is to be complied controls with for the duration of the construction / works period. b) Soil erosion fences shall remain and must be maintained until all disturbed areas are fully restored.
Unexpected 31. If any unexpected archaeological deposits / relics are discovered during Archaeological Deposits / construction, then all works must cease immediately and Council’s Relics Conservation Architect Consultant (Heritage Advisor) contacted in writing. Depending on the possible significance of the discovery, an archaeological assessment and management strategy may be required before further works can continue in that area. Works may only recommence with the written approval of the Development & Building Services Manager, Blue Mountains City Council.
Waste Management 32. a) The approved Waste Management Plan is to be complied with at all times.
b) All excess building material is to be disposed of to an approved Waste Management Facility.
PRIOR TO THE ISSUE OF AN OCCUPATION CERTIFICATE
Final fire safety certificate 33. The essential fire safety measures referred to in the fire safety schedule issued with the construction certificate, excluding any existing measures, are to be installed within the building. A final fire safety certificate is to be furnished by the owner of the building to the Principal Certifying Authority prior to the issue of any occupation certificate, in respect of all essential fire safety measures specified in the above schedule.
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The certificate should state that each specified essential fire safety measure has been assessed by a properly qualified person (chosen by the owner), and was found to be capable of performing to a standard not less than that specified in the schedule. A copy of the certificate (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire & Rescue NSW by email at [email protected]. A further copy is to be prominently displayed in the building. A person who carries out the assessment must inspect and verify the performance of each specified fire safety measure and must test the operation of each new item of equipment installed in accordance with the schedule.
Stormwater outlet 34. The stormwater outlet upgrade works at the end of the existing ‘cliff upgrade works outfall line’ below the gabion mattress, must be fully completed to the satisfaction of the Principal Certifier Authority and Council’s Environmental Scientist, prior to release of any Occupation Certificate
Repair of damage 35. The Applicant shall repair or reconstruct any damage to Council’s infrastructure caused by construction activity relating to the development as required by the Council's Supervising Engineer, prior to release of any Occupation Certificate
ONGOING USE
Use of premises 36. a) The use of the premises shall operate in accordance with all conditions of previous Development Consents issued for and applicable to the operation of the site.
b) The queuing areas and the open viewing terrace area, are to be used, specifically in conjunction with approved use of the ‘Cableway’ and the ‘Skyway’ and as shown on the approved plans.
c) No item, merchandise or stock is to be displayed or stored within the queuing areas and the open viewing terrace area. d) The use of the premises shall comply with the following:
- Any activity carried out shall not give rise to air pollution (including odour), offensive noise or pollution of land and / or water as defined by the Protection of the Environment Operations Act 1997.
- If an intruder alarm is installed on the premises it shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997.
- All waste generated on the site is to be stored, handled and disposed of in such a manner as to not create air pollution
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(including odour), offensive noise or pollution of land and / or water as defined by the Protection of the Environment Operations Act 1997.
- The premises shall be maintained in a clean and tidy state at all times. In this regard, cleaning shall be carried out as required to ensure that the premises is maintained in an environmentally satisfactory manner.
- In accordance with the environmental maintenance objectives of 'Crime Prevention Through Environmental Design', any graffiti which appears on the building, shall be removed as soon as possible.
Annual fire safety 37. Each year, within 12 months of the previous statement or after a statement certificate of installation has been issued for the building (whichever is applicable), the owner of the building must submit to Council an annual fire safety statement that must demonstrate that each essential fire safety measure in the building is being maintained. A copy of the statement (together with a copy of the current fire safety schedule) is to be given to the Commissioner of Fire & Rescue NSW by email at [email protected]. A further copy is to be prominently displayed in the building.
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