STATEMENT OF ENVIRONMENTAL EFFECTS S96(2) MODIFICATION OF CONSENT TO DA 166-11-06

COMMERCIAL OUTDOOR SEATING IN VARIOUS LOCATIONS THROUGHOUT THE ROCKS PRECINCT

JULY 2009

skdesign TownPlanning&UrbanDesign S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

1. EXECUTIVE SUMMARY This Section 96(2) application seeks the Minister for Planning’s consent for the modification of Development Consent No. DA 166-11-06 for “Outdoor Seating on George Street and part of Argyle Street ” and as subsequently varied by DA modification for “The inclusion of additional outdoor seating locations and screens in addition to the approved George Street outdoor licenced area scheme.”

This application seeks modification of consent to permit: • the relocation of the DA approved outdoor seating area for The Orient Hotel at 89 George Street, from the George Street footpath (licenced area to be deleted) to the Hotel’s property frontage on Jack Mundey Place; • the addition of two (2) new outdoor seating areas for: - The at 69 George Street; - The Russell Hotel at 143a George Street – proposed seating on Globe Street; • modification of consent conditions A1, C1, C2, C10, C12 and C13 (excluding the in all cases).

The proposed additional outdoor seating locations will complete and complement The Authority’s intention to promote The Rocks as a welcome outdoor dining environment set within ’s premier heritage precinct. The proposed modification of consent conditions will encourage existing approved outdoor licences to trade out under operational conditions that reflect current commercial practice for outdoor dining hours and conditions.

The S96(2) proposal has been prepared in consultation with, and has the agreement of, The Rocks Chamber of Commerce, the Sydney Harbour Business Alliance, and various existing cafe, retail, restaurant and hotel tenants of The Rocks precinct affected by this proposal. The S96(2) proposal has also been designed in close consultation with the Department of Planning and The Rocks Police.

In all aspects of consideration of the relevant EPA Act S79C(1) ’ Matters for Consideration’ , the S96(2) modification of Development Consent DA 166-11-06 is of minimal environmental impact and is substantially the same development as the development for which the consent was originally granted.

The proposal complies with relevant site and precinct requirements including SHFAs Policy for Commercial Outdoor Seating Areas in the Rocks and 2007, the Technical Manual for Commercial Outdoor Seating Areas in the Rocks and Circular Quay 2007, and with the Outdoor Cafe Policy 1997 .

This Town Planning Report therefore concludes that the proposed modification of development consent DA 166-11-06 is worthy of development consent.

Page 1 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

1.1 BACKGROUND – PAST CONSENTS AND SITE DETAILS

1.2 PAST DEVELOPMENT CONSENTS On 3 January 2007, the SHFA Planning Assessment Manager, under delegation from the Minister for Planning, granted development consent to DA 166-11-06 for “Outdoor Seating on George Street and part of Argyle Street ”. This consent has been modified four times since (as recently as 4 September 2008) for “The inclusion of additional outdoor seating locations and screens in addition to the approved George Street outdoor licenced area scheme.”

On 8 February 2008, the SHFA Planning Assessment Manager, under delegation from the Minister for Planning, granted development consent to DA 062-04-08 for the “Creation of a Shared Pedestrian Zone ” to Argyle Street, between Harrington and George Streets and now renamed as Jack Mundey Place. On 14 February 2008, development consent was also granted to DA 010-01-08 for the “Commercial outdoor seating in various locations throughout The Rocks precinct”, subject to development consent conditions. These consents are relevant as they validate the proposal to relocate outdoor seating for The Orient Hotel from the George Street footpath to the Jack Mundey Place shared roadway, consistent with other JMP dining tenancies.

During April and May 2009, The Authority carried out a number of workshops, tenant site visits, and meetings with existing café/hotel/restaurant tenancies, The Rocks Chamber of Commerce, the Sydney Harbour Business Alliance, and The Rocks Police regarding existing outdoor dining sites. The meetings resulted in the: a) identification of new and/or expanded outdoor seating/dining sites that would complement existing dining experiences; and b) terms of certain consent conditions that act contrary to the efficient and viable operation of outdoor dining licences. This S96(2) proposal has the endorsement of those relevant stakeholders.

1.3 PROPERTY TITLE This S96(2) application includes a proposal (amongst others) affecting new outdoor seating areas along George Street, Jack Mundey Place, and Globe Street. The property titles identified by the Land Titles Office for these new locations are: - 1. The Orient Hotel property frontage to Jack Mundey Place (formerly known as Argyle Street) is identified as Lot 31, DP 773812; 2. The Observer Hotel at 69 George Street – is identified as Lot 13 DP 599563; 3. The Russell Hotel at 143a George Street, in particular the proposed seating area on Globe Street, is identified as Lot 35, DP 773812.

Page 2 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

2. S96(2) APPLICATION DETAILS This Section 96(2) Application seeks consent for: - • The relocation of the DA approved outdoor seating area for The Orient Hotel at 89 George Street, from the George Street footpath (licenced area to be deleted) to the Hotel’s property frontage on Jack Mundey Place. • The addition of two (2) new outdoor seating areas for: - The Observer Hotel at 69 George Street; - The Russell Hotel at 143a George Street – proposed seating on Globe Street; • Modification of consent conditions under DA166-11-06 for the following, but excluding the Fortune Of War Hotel in all cases: - - recognise the proposed S96 plans for additional outdoor seating areas for The Orient Hotel, The Observer Hotel, and The Russell Hotel (condition A1 ); - Permit an extension of outdoor trading hours (condition C1 ),; - Reflection of alcohol serving with meals in accordance with the reform of the Liquor Act 2007 and the Liquor Regulation 2008 (condition C2 ); - Modification of the terms of ‘Table Service’ (condition C10 ); - Modification of the prohibition of paper plates and cups within outdoor seating areas specific to the Royal Copenhagen ice cream shop, 112-115 George Street (condition C12 ); and - Modification of hours for outdoor furniture in the public domain (condition C13 ).

2.1 RELOCATION OF OUTDOOR SEATING FOR THE ORIENT HOTEL : This application seeks to relocate the approved seating area for The Orient Hotel in front of the premises on the George Street footpath, to the shared roadway on Jack Mundey Place. This seating arrangement will complement the DA approved and operating outdoor seating areas already belonging to Guy Lian, La Renaissance , and Wine Odyssey on the other side of Jack Mundey Place, as well as the proposed outdoor seating for Pony’s Restaurant (adjoining The Orient) which is proposed under separate S96(2) application for DA010-01-08. Both S96(2) Applications will be lodged concurrently to provide the consent authority with a holistic assessment for outdoor seating within The Rocks precinct.

The relocated seating area for The Orient Hotel will be subject to the following operational conditions: • Outdoor dining limited to Mondays-Thursdays inclusive. No outdoor dining on Fridays, Saturdays and Sundays. • Outdoor dining area limited to dining patrons with each table providing a sign stating meals only patrons with drinks (but no “drinks-only” zone).

Page 3 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

• All outdoor furniture to be stored within a building premises and the conclusion of business hours.

The seating layout will maintain pedestrian circulation along the existing footpath of Jack Mundey Place, and will not produce any obstruction directly in front of The Orient building facade or entrances.

The relocated seating area provides room for a total of six (6) tables, with four (4) chairs per table, whilst deleting all DA approved tables and chairs opposite the building’s George Street footpath. This is illustrated by plan extract below:

Plan excerpt – Proposed Outdoor Seating for The Orient Hotel Traffic Impact: The relocated outdoor seating areas will maintain a minimum 6 metre carriageway clearance across Jack Mundey Place, which is necessary for: - a) the minimum 4 metre wide one-way Emergency Vehicle zone required under the development consent DA 101-06-08 for the Jack Mundey Place Market; and b) a maximum 5.8 metre wide vehicle access way in exceptional cases where emergency two-way traffic is required along Jack Mundey Place.

The perceived reduction in road width available to eastbound drivers will serve to reduce vehicle speeds as (restricted access) vehicles enter the zone. Furthermore, the outer southern edge of the outdoor seating area, facing Jack Mundey Place, will incorporate planter boxes as a further barrier and physical/visual deterrent to vehicles travelling along Jack Mundey Place.

Page 4 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

2.2 PROPOSED OUTDOOR SEATING FOR THE OBSERVER HOTEL : This application seeks to introduce outdoor seating located under the building awning and against the building facade of The Observer Hotel. This proposal and siting of this outdoor seating is designed by the Authority’s HUD team to: - • provide a total of three (3) tables and four (4) chairs per table; • create a catalyst in enticing patrons travelling along George Street south to the outdoor sheltered hotel seating. The nearest outdoor neighbouring seating area is 45 metres south of The Observer Hotel and outdoor seating in this section of George Street therefore requires activating. Whereas this catalyst supplies minimal seating it also steers patrons to the more protected existing hotel seating area in Mill Lane; • enable a minimum 1 metre clearance under the building awning for general public/pedestrian passage, so that the awning does not force the public onto the exposed footway without some weather protection; • comply with the design layout permissible under the Authority’s Policy and Technical Manual for “Commercial outdoor seating areas in The Rocks and Circular Quay” – refer to SEE page 14 for Technical Manual compliance ; • ensure that the principal Hotel entrance and the emergency exit doors at the hotel northern George Street facade (adjoining Kendall Lane) will remain clear of any obstructions;

The design rationale behind this location includes the following aims and objectives: • to prevent drinks being carried across footpath zone; • to enable a direct table service from the Hotel restaurant facility; and • to reflect the precedent already established for similar siting for The Australian, The and The .

Plan excerpt – Proposed Outdoor Seating for The Observer Hotel Page 5 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

2.3 PROPOSED OUTDOOR SEATING FOR THE RUSSELL HOTEL : The Russell Hotel is undergoing a building upgrade as a hotel accommodation premises including wine bar and restaurant service. This proposal is to introduce outdoor seating opposite the Hotel’s south building facade along Globe Street and located on top of the stairs leading down to the DFS Galleria building below. This site is ideally situated in providing a relatively level area, bounded by palisade fence on two sides, whilst retaining a minimum 2 metre pedestrian passageway along the pedestrianised Globe Street. Furthermore, the site will allow direct table service from the Hotel’s kitchen opposite which is situated on the building corner of Globe Street and Nurses Walk.

The proposal will provide for a total of six (6) tables comprising four tables with four chairs each and two tables with two chairs each. This layout arrangement is designed by the Authority’s HUD team to comply with The Authority’s Policy and Technical Manual for “commercial outdoor seating areas in The Rocks and Circular Quay”.

Plan excerpt – Proposed Outdoor Seating for The Russell Hotel on Globe Street

Page 6 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

2.4 MODIFICATION OF CONSENT CONDITIONS : This S96(2) Application seeks modification of development consent DA166-11-06 for the following consent conditions – A1, C1, C2, C10, C12 and C13, but excluding the Fortune of War Hotel (137 George Street) in all cases : - a) Condition A1 – Address: The table under Condition 1 is proposed to be amended to recognise the DA drawings and relocated/additional outdoor seating areas for: - • The Orient Hotel at 89 George Street; • The Observer Hotel at 69 George Street; • The Russell Hotel at 143a George Street. b) Trading Hours - Condition C1: Consent is sought to amend the permitted outdoor trading hours for all tenancies affected by this consent by extending trading hours from 10pm until midnight . Proposed modification to the existing consent condition is proposed as follows (modification is highlighted by strikeout with new text highlighted in red ): “C1 Trading in approved outdoor seating areas is limited to the trading hours of the associated tenancy, and are not to extend beyond 10pm midnight on any day.”

This proposal is consistent with: - • current and realistic business hours for restaurants, cafes and hotels operating within The Rocks precinct and the City of Sydney in general; • the tourist and entertainment catchment of The Rocks precinct; and • both the City of Sydney Council ‘Outdoor Cafe Policy 1995 ’ and Council’s ‘draft Restaurant Seating on Footways 2005’ which state: - 2.2.9 Management of on-going operations • (i) In general and unless otherwise approved, outdoor seating areas will not be permitted to operate past 12.00 midnight.”

c) Dining and alcohol- Condition C2: Condition C2 prevents any outdoor area being utilised as a “drinking only service area”. Modification to the existing consent condition is proposed as follows:

Replace: “C2 The approved outdoor seating area is solely for the purposes of dining and alcohol may only be served when food is being consumed from the restaurant menu. Under no circumstances are the areas to be deemed a “drinking only service area.”

Page 7 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

with the following (or words to a similar effect): “C2 The primary purpose of the approved outdoor seating area is for dining. Each outdoor table shall contain a sign indicating “patron restaurant seating only”. The serving of alcohol in outdoor seating areas shall comply with the provisions of the Liquor Act 2007 and shall be ancillary to the dining function of the premises.”

The intention of the existing condition is clearly to promote outdoor dining as the principal use of these licenced areas and to prevent The Rocks from developing into an outdoor drinking precinct. However a strict application of this condition prevents restaurant/cafe patrons from enjoying a beverage/drink before the serving and consumption of a meal. This condition is contrary to the regular and established practice of restaurant and cafe establishments.

Recent reform of the Liquor Act 2007 provides that for “On-licence premises” (e.g. restaurant), existing dine-or-drink restaurants can continue to allow patrons to consume liquor without a meal, and the former regulated limit of 30% of drink only patrons was abolished from 1 July 2008. Notwithstanding, meals will still need to be available on the premises at all times when liquor is served to drink only patrons, and the primary purpose of the business cannot be the supply of alcohol.

Consequently the proposed modification of this condition allows the flexibility in alcohol consumption permitted under the Liquor Act whilst reinforcing the primary purpose of outdoor seating areas for restaurant/cafe dining.

d) Table Service- Condition C10: Condition C10 limits the service to outdoor seating areas as “table service” only. Modification to the existing consent condition is proposed as follows: Replace: “C10 All service at tables within the approved outdoor areas must be table service only and provided by the tenant. Under no circumstances are members of the public to carry food or beverages from the shop front into the licensed area.”

With the following (or words to a similar effect): “C10 Table service shall be the principal mechanism for the licensee providing meal/beverage service to patrons in outdoor seating areas. Exemption is given to The Royal Copenhagen Ice Cream retail outlet at 111-115 George Street for the provision of table service.”

The intention of the existing condition is clearly to limit patron movements between outdoor licence areas and indoor hotel/restaurant facilities, and to promote The Rocks precinct as an outdoor dining experience. However a strict application of this condition prevents restaurant/cafe patrons from accessing indoor restaurant/hotel counter areas and ordering a drink or meal directly. Page 8 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

Many establishments also provide a “buzzer” service whereby patrons can order their meals at an indoor counter and then be called upon when the meal is ready.

Case for Royal Copenhagen Ice Cream: A specific case of exception applies to the Royal Copenhagen Ice Cream outlet at 111-115 George Street (within the Captain Tench Arcade). Royal Copenhagen supplies take away ice creams and has a proven track record within Circular Quay and The Rocks for a high quality of produce, service, and site cleanliness. The Royal Copenhagen tenancy (RC) has DA approval for an outdoor seating area. However it is considered unreasonable for RC to provide extra staff for table service, particularly where the retail outlet is universally recognised as a take-away retail outlet and service. Consequently an exemption from table service is sought for RC conditional upon a SHFA supplied bin being provided within the outdoor licence area. Furthermore the RC staff will regularly inspect and clean the outdoor licence area for site cleanliness and the prevention of littering of the public domain.

Public Liability: This report also notes that the development consent includes the following condition addressing public liability and indemnification of SHFA against any claims arising as a consequence of outdoor seating areas. This condition acts in support of this proposal and allows for patron movement between outdoor licence area and indoor restaurant/hotel: B2 The applicant shall hold public liability insurance for the outdoor seating area and provide a Certificate of Currency to the Sydney Harbour Foreshore Authority prior to the commencement of the use of the outdoor seating area. The public liability insurance must make appropriate provision for indemnification of the Sydney Harbour Foreshore Authority against all claims that may arise as a consequence of the outdoor seating area.

e) Paper Plates and Cups – Condition 12: Condition C12 has the effect of preventing the use of paper plates and cups within outdoor seating areas. The intention was to promote outdoor dining areas using formal crockery and cutlery. Furthermore, paper plates and cups can blow away thereby littering the public domain.

However exemption from this condition is sought for the Royal Copenhagen Ice Cream (RC) outlet at 111-115 George Street. This tenancy has DA approval for an outdoor seating area under consent DA 166-11-06. Given the universal recognition of RC as a take away ice cream shop, and tenant’s proven track record for site cleanliness in Circular Quay and The Rocks, exemption from the condition is considered reasonable. The Authority will supply the RC outdoor licence area with a bin for the appropriate disposal of paper napkins, plates and cutlery.

Page 9 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

Furthermore the RC staff will regularly inspect and clean the outdoor licence area for site cleanliness and the prevention of littering of the public domain.

Consequently condition C12 is proposed to be amended with the following (or by words with a similar effect). Modification is highlighted by new text highlighted in red : - “C12 No paper or plastic cups are to be used within the outdoor seating area. Exemption is granted to the Royal Copenhagen Ice Cream outlet at 111-115 George Street. This outdoor licence area shall contain a bin for the disposal of napkins and plastic cutlery during business hours.”

f) Hours of Outdoor Furniture - Condition C13: Condition C13 limits the operable hours for outdoor furniture to remain in the public domain to 10pm. Consistent with this application which seeks modification to condition C1 by extending trading hours from 10pm until midnight , this application also seeks to modify condition C13 by deleting reference to the 10pm curfew, as follows: -

C13 All furniture associated with the approved trading areas must be removed within one (1) hour of at the end of the day's trade leaving an unencumbered footpath. Under no circumstances are ANY furniture items to remain in the public domain outside of the adjacent tenancy's restaurant trading hours, or beyond 10pm on any day. Note: Should any tenancy cl ose at 10pm, all furniture must. be removed no later than 10.30pm.

Page 10 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

4. SECTION 79 C(1)( A) – STATUTORY PLANNING CONSIDERATIONS

4.1 COMPLIANCE WITH ENVIRONMENTAL PLANNING & ASSESSMENT ACT 1979 : The S96 (2) proposal complies with provisions of the EP&A Act 1979 as follows: - (a) The development is substantially the same development as was submitted and granted consent ( section 96 (2) (a)); (b) The Authority has consulted with the Department’s planning officers, being representatives of the Minister, regarding the proposal and receiving endorsement that the proposal qualifies as a S96 (2) application.

4.2 COMPLIANCE WITH RELEVANT EPI’ S: Section 79C of the Environmental Planning & Assessment Act 1979, addresses the matters to be assessed in respect of all development applications. Section 79c(1)(a) requires the consent authority to take into consideration: - “(a) the provision of: (i) any environmental planning instrument; and (ii) any draft environmental planning instrument that is or has been placed on public exhibition and details of which have been notified to the consent authority; and (iii) any development control plan; and (iv) any matters prescribed by the regulations that apply to the land to which the development application relates.”

The following EPI’s were assessed against the original DA: - a) State Environmental Planning Policy – Major Projects b) Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 c) Sydney Cove Redevelopment Authority Planning Scheme d) SHFA Policy for Commercial Outdoor Seating Areas and Technical Manual

Consent: This proposal is permissible with the consent of the Minister for Planning.

Outdoor Seating: The outdoor seating plans have been prepared by SHFA’s HUD department in response to, and in compliance with, SHFAs Policy and Technical Manual for “commercial outdoor seating areas in The Rocks and Circular Quay” , and which is addressed in further detail overleaf.

Heritage: The proposed modification of consent and additional outdoor seating areas will not introduce any penetration into any heritage building fabric or roadwork. Consequently the proposed modification will not cause any adverse heritage impact.

Conclusion: The proposed modification of consent is concluded to comply with the environmental planning instruments listed above.

Page 11 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

4.3 SHFA POLICY FOR COMMERCIAL OUTDOOR SEATING AREAS IN THE ROCKS & CIRCULAR QUAY , AND TECHNICAL MANUAL The Policy was adopted in July 2007; the Technical Manual was adopted in December 2007.

Policy: The Policy addresses the following requirements relevant to this proposal: - Policy Provisions specific to licensed DA response areas in The Rocks 1. Outdoor seating will provide a ‘dining’ The proposal will activate, complement experience utilising waiter table service and promote the outdoor dining experience in a controlled and managed way. sought by the Authority along George Patrons are to remain seated within the Street, Jack Mundey Place, and Globe licensed area. Dining must include the Street, compliant with this policy provision. provision of non-disposable tableware. 2. Outdoor seating elements are to be Outdoor seating/furniture will be removed completely removed at the end of each and stored within 1 hour of the termination day of trading to leave a clear and of the business trading hours. unencumbered public domain. Trading Proposed modification of DA conditions may continue until one hour after the C1 and C13 seeks to permit close of kitchen or 11:00pm, whichever restaurant/cafe trading hours until is the earlier. Furniture can remain in the midnight, consistent and compliant with: public domain until close of business. • current and realistic business hours The application for outdoor seating is to for restaurants, cafes and hotels include information that confirms a operating within The Rocks precinct suitable storage location is available and the City of Sydney in general; within the tenant’s lease area. • the tourist and entertainment catchment of The Rocks precinct; and • both the City of Sydney Council ‘Outdoor Cafe Policy 1995 ’ and Council’s ‘draft Restaurant Seating on Footways 2005’. 3. Licensed areas will be fully contained The additional and extended outdoor within an area defined by permanent in- seating areas will be contained by in ground markers. The markers will be ground markers. established by the Foreshore Authority. 4. Licensed areas will be defined by using The additional and extended outdoor partitions on the two ends with a return seating areas will be further defined by a partition along the roadside edge. The combination of partition edges and planter partitions, with tenant’s business name boxes, supplied by The Authority. and Foreshore Authority brand, will be designed and supplied by the Foreshore Authority at cost and under the terms of the licence. No third party advertising or promotions are permitted. 5. The Foreshore Authority will permit The expanded/additional seating areas within a licensed area: incorporate removable umbrellas to • removable umbrellas if shade is provide patron shade. required,

Page 12 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

6. The Foreshore Authority will not permit SHFA supplied planter boxes are currently within a licensed area: used to define existing outdoor seating • planter boxes, areas along JMP, and are also proposed to be applied to the expanded/additional seating areas under this proposal. The planter boxes will provide a necessary visual barrier to vehicles travelling along the JMP Shared Road carriageway.

Technical Manual: Tables and chairs used within the expanded/additional outdoor seating licence areas will comply with the technical specifications of the technical manual, and compliant with the established outdoor seating character of George Street and Jack Mundey Place. Tenants of relocated and additional seating areas will be required to comply with the following technical manual requirements: - A1 – Tables in licensed areas in The Rocks and Circular Quay 1) Adjoining outdoor seating areas within the public domain should demonstrate a consistent quality of presentation. 2) Tables are not to be fixed to the ground or any structure and should be capable of easy storing outside of business hours. 3) Tables are to be of a simple design for presentation and where they are located on asphalt, select units with broad feet to minimise indentation and instability. 4) Table frames are to be of steel, aluminium, other metallic type material but no plastic materials or timber will be permitted. 5) Tables tops are to be weather-resistant with non-permeable surfaces that can be readily kept in a clean hygienic condition and made from steel, aluminium or other non reflective metallic material, imitation stone or quality resin, but no plastic or timber materials will be permitted. 6) Finishes are to be natural metal, polished or painted in a dark or metallic colour; no bright colours permitted. 7) Only tables 700–750mm height are permitted. 8) Tables should accommodate 2–4 persons only. Nominal dimensions for a 2 persons table top is 700x700mm, for a 4 persons table top is 800x800mm and for a round table top is 800mm diameter.

B1 – Seats in licensed areas in The Rocks and Circular Quay 1) Adjoining outdoor seating areas should demonstrate an integrated and uniform streetscape. 2) Seats must be of simple design and coordinated with tables for a consistent appearance. 3) Seats must not be fixed to the ground or any structure and should be stackable so they can be readily stored outside of business hours. 4) Seat structure is to be of steel, aluminium, other metallic type material but no plastic or timber materials will be permitted. 5) The seat itself can be made to match the frame or of steel, aluminium, other metallic type or a wicker type material. 6) Only standard seats (nominal 450mm height) permitted. 7) Seats are to be finished in natural metal, polished or painted in a dark or metallic colour. No bright colours are permitted.

Page 13 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

Outdoor Seating for The Observer Hotel: The rationale and design criteria for the siting of outdoor seating outside The Observer Hotel on George Street is addressed under section 2.5 of this SEE report. The Authority’s Technical Manual for “commercial outdoor seating areas in The Rocks and Circular Quay” contains layout options limited to siting against building facades, as demonstrated below:

Source: SHFA Technical Manual “commercial outdoor seating areas in The Rocks and Circular Quay – Section 13 Configuration Performance Criteria The proposed outdoor seating for The Observer Hotel therefore complies with this policy/technical layout provision.

4.4 CITY OF SYDNEY OUTDOOR CAFE POLICY The Policy was adopted by Council on 12 November 2001. Outdoor Seating for The Orient Hotel and The Russell Hotel: The rationale and design criteria for the siting of outdoor seating outside the abovementioned hotels is described under SEE sections 3.1, 3.3 and 3.4 respectively. The proposed additional seating areas will comply with the established outdoor seating areas elsewhere along George Street and with the City of Sydney’s Outdoor Cafe Policy layout for outdoor seating diagram illustrated below: -

Source: The City of Sydney Outdoor Cafe Policy

Page 14 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

5. SECTION 79C (1)( B) – ENVIRONMENTAL , SOCIAL OR ECONOMIC IMPACTS Section 79c(1)(b) requires the consent authority to consider: “(b) the likely impacts of that development, including environmental impacts on both the natural and built environments, and social and economic impacts in the locality.”

The proposed modification of consent to permit relocated/additional outdoor seating areas, and modification of operational consent conditions, will not result in any negative environmental, social or economic impacts. The proposed modification of consent will allow greater flexibility in: - • permitting a full complement of outdoor dining experiences for the length of George Street, Jack Mundey Place and Globe Street; • encouraging existing approved outdoor licences to fulfill their outdoor seating operations by permitting operational conditions that reflect current commercial practice in outdoor dining operating hours and conditions; and • providing a consistent approach for outdoor seating areas compliant with those existing/permitted by the City of Sydney Council within the City of Sydney jurisdiction.

6. SECTION 79C (1)( C) – THE SUITABILITY OF THE SITE FOR DEVELOPMENT The outdoor seating sites of George Street, Jack Mundey Place and Globe Street are suitable for the proposed relocated /additional outdoor seating areas for reasons including: • JMP and Globe Street are already a pedestrianised/Shared Zone roadway. George Street contains a widened footpath to accommodate for both pedestrian passage and outdoor seating areas. • George Street, JMP and Globe Street already operate as successful outdoor dining streets, complemented by weekly markets, within a closed/shared zone operation. • The proposed relocated/additional outdoor seating areas complement the intended use of all streets under the Sydney Cove Redevelopment Authority Planning Scheme. • The proposed additional/expanded outdoor seating areas and proposed modification of consent conditions have been developed in close consultation with, and agreement by, The Rocks Chamber of Commerce, the Sydney Harbour Business Alliance, and The Rocks Police.

Page 15 of 16

S96 Application – DA 166-11-06 – Various Outdoor Se ating Locations The Rocks - July 2009

7. SECTION 79C (1)( D) - SUBMISSIONS Section 79c(1)(d) requires the consent authority to consider: “(d) any submissions made in accordance with this Act or the regulations”

This S96(2) application has been prepared following consultation with individual cafe/restaurant/hotel tenants, The Rocks Chamber of Commerce, the Sydney Harbour Business Alliance, The Rocks Police, and with the Department of Planning assessment staff. The S96(2) application will be subject to the provisions of The Department of Planning’s policy for any required advertising or notification.

8. SECTION 79C (1)( E) – THE PUBLIC INTEREST Section 79c(1)(e) requires the consent authority to consider: “(e) the public interest”. The public interest is best served by the orderly and economic use of land for purposes permissible under the relevant planning regime and predominantly in accordance with the prevailing planning controls. The proposed relocated/new outdoor seating areas along George Street, Jack Mundey Place and Globe Street will provide a full complement of outdoor dining locations, and consequently a unique and rich variety of outdoor dining experiences within The Rocks precinct. The proposed modification of consent conditions will provide a more practical, feasible and viable commercial approach to the operation of outdoor dining sites, including a reflection of the conditions under which outdoor dining sites are managed within the City of Sydney Council jurisdiction.

9. CONCLUSION In all aspects of consideration of the relevant EPA Act S79C(1) ’ Matters for Consideration’ , the S96(2) modification of Development Consent DA 166-11-06 is of minimal environmental impact and is substantially the same development as the development for which the consent was originally granted. The proposal will complement the pedestrian and outdoor dining experience of the public domain area, will complement the existing retail/ commercial/entertainment character of The Rocks precinct. The proposal complies with relevant site and precinct requirements including SHFAs Policy and Technical Manual for “Commercial Outdoor Seating Areas in the Rocks and Circular Quay 2007”, and with the City of Sydney Outdoor Cafe Policy 1997 . The proposal is supported by relevant representatives of The Rocks Chamber of Commerce and the Sydney Harbour Business Alliance. This Town Planning Report concludes that the proposed modification of development consent DA 166-11-06 is therefore worthy of development consent.

Page 16 of 16