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Blue Mountains Local Planning Panel Item No: 2.3 – 3 February 2020

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Blue Mountains Local Planning Panel Item No: 2.3 – 3 February 2020 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, 1 of 34 BLUE MOUNTAINS LOCAL PLANNING PANEL – ITEM NO. 2.3 - 3 FEBRUARY 2020 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 2 of 34 BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 3 FEBRUARY 2020 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 3 of 34 BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 3 FEBRUARY 2020 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. 4 of 34 BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 3 FEBRUARY 2020 Site plan 5 of 34 BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 3 FEBRUARY 2020 Elevation plan 6 of 34 BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 3 FEBRUARY 2020 Perspective plan 7 of 34 BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 3 FEBRUARY 2020 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. 8 of 34 BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 3 FEBRUARY 2020 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. 9 of 34 BLUE MOUNTAINS LOCAL PLANNING PANEL - ITEM NO. 2.3 – 3 FEBRUARY 2020 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.
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