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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 Observer Hotel 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 Fortune of War Hotel 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 Sydney’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 Circular Quay 2007, the Technical Manual for Commercial Outdoor Seating Areas in the Rocks and Circular Quay 2007, and with the City of Sydney 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 Australia 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.
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