Local Planning Panel 9 May 2018 Development Application: 429-481 George Street, Sydney (Shop 1, Level 2) File No.: D/2018/163 Summary Date of Submission: 22 February 2018 Applicant: Trippas White Group Architect: Guru Projects Pty Ltd Owner: City of Sydney Cost of Works: $674,300 Proposal Summary: Change of use of Shop 1 on Level 2 of the Queen Victoria Building (QVB) for a new licensed restaurant and bar (141 patrons) and associated internal alterations. Proposed trading hours are between 7.00am and 2.00am the following day, Monday to Sunday, inclusive. The application is reported to the Local Planning Panel for determination as Council is the landowner and the site is a heritage item. Summary Recommendation: The development application is recommended for approval, subject to conditions. Development Controls: (i) Sydney Local Environmental Plan 2012 (Gazetted 14 December 2012, as amended) (ii) Sydney Development Control Plan 2012 (in force on 14 December 2012, as amended) Attachments: A. Recommended Conditions of Consent B. Selected Drawings 1 Item 12. 12
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Local Planning Panel 9 May 2018
Development Application: 429-481 George Street, Sydney (Shop 1, Level 2)
File No.: D/2018/163
Summary
Date of Submission: 22 February 2018
Applicant: Trippas White Group
Architect: Guru Projects Pty Ltd
Owner: City of Sydney
Cost of Works: $674,300
Proposal Summary: Change of use of Shop 1 on Level 2 of the Queen Victoria Building (QVB) for a new licensed restaurant and bar (141 patrons) and associated internal alterations. Proposed trading hours are between 7.00am and 2.00am the following day, Monday to Sunday, inclusive.
The application is reported to the Local Planning Panel for determination as Council is the landowner and the site is a heritage item.
Summary Recommendation: The development application is recommended for approval, subject to conditions.
Development Controls: (i) Sydney Local Environmental Plan 2012 (Gazetted 14 December 2012, as amended)
(ii) Sydney Development Control Plan 2012 (in force on 14 December 2012, as amended)
Attachments: A. Recommended Conditions of Consent
B. Selected Drawings
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Recommendation
It is resolved that consent be granted to Development Application No. D/2018/163 subject to the conditions set out in Attachment A to this report.
Reasons for RecommendationThe reasons for the recommendation are as follows:
(A) The proposed development is consistent with the objectives of the B8 - Metropolitan Centre Zone.
(B) The proposed development is consistent with the relevant controls for the site.
(C) The proposed works comply with the site-specific exemptions that apply to the Queen Victoria Building under s57(2) of the Heritage Act 1977.
(D) The proposed development will, subject to conditions, result in no adverse environmental or heritage impact.
Background
The Site and Surrounding Development1. A site inspection was carried out by staff on 6 March 2018.
2. The site is rectangular in shape with an area of approximately 11,400 square metres.
3. The site is bounded by Market Street to the north, George Street to the East, Druitt Street to the south and York Street to the west.
4. The site comprises the Queen Victoria Building (QVB) and the subject tenancy (Shop 1) is located on the second floor toward the Market Street end of the development.
5. The shop has no street level frontage and adjoins other similar stores within the QVB building.
6. The QVB is occupied by a range of retail and commercial tenants.
7. The QVB is a local heritage Item under Schedule 5 of the Sydney LEP 2012 (Item No. I1783) and is also listed on the State Heritage Register (SHR 01814) as a state heritage item.
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8. Photos of the site and surrounds are provided below:
Figure 1: Aerial image of subject site and surrounding area
Figure 2: Site viewed from the south-west corner of Druitt and York Streets
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Figure 3: Subject Level 2 tenancy shopfront
Figure 4: Existing tenancy (internal) as viewed from the entry looking west
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Figure 5: Existing tenancy (internal) as viewed from the entry looking east
Figure 6: Outlook from Level 2 window within the subject tenancy
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Figure 7: Location of Shop 1 on Level 2 of the QVB
Proposal9. Change of use of Shop 1 on Level 2 of the QVB for a new licensed restaurant and bar
(141 patrons) and associated internal alterations. The premises is to be operated under an on premises liquor license.
10. Proposed trading hours are between 7.00am and 2.00am the following day, Monday to Sunday, inclusive. The following building works are proposed:
(a) Level 2 (Shop 1)
(i) The interior of the tenancy is being completely refitted with high quality interior fittings and finishes including seating, tables, kitchen, bar, storage, etc.
(ii) New services will be installed. Part of the floor will be raised to allow services under. All services will use existing penetrations and connections.
(iii) A ceiling bulkhead will conceal required services.
(iv) Signage in accordance with Ipoh QVB Design and Fitout Guide.
11. Amended plans were received on 9 April 2018 to address Heritage and Urban Design concerns in relation to the wall which was initially proposed to block three bay windows on the George Street facade. The wall has now been removed and the kitchen has been re-designed to move the cool room and freezer away from the windows and use this area as a wash-up space. See further discussion under Sydney DCP 2012 - 3.9 Heritage.
12. Plans of the proposed development are provided in Attachment B.
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History Relevant to the Development Application13. There have been a number of development applications which have approved the fit
out and use of individual tenancies for retail and commercial uses. Until recently the tenancy was being used as a restaurant. The following is the most recent development application relating to Shop 1, Level 2:
(i) D/2010/1380 - for the tenancy fitout for a proposed licensed restaurant within Shop 1 at Level 2 of the QVB was approved on 11 October 2010. Condition 4 restricted the hours of operation to between 10.00am and 10.00pm Mondays to Fridays, inclusive and from 10.00am to 11.00pm on Saturdays and from 10.00am to 10.00pm on Sundays.
14. The following are similar approvals (café/restaurant/bar) within the QVB to that which is proposed:
(i) D/2000/481 - for internal alterations to ground level Shop 55B for use as a licensed café/restaurant, in conjunction with the adjacent “Jet Café” at Shop 55A was approved on 14 July 2000. Condition 9(a) restricted the hours of operation to between 7.00 am and 11.00pm Mondays to Saturdays, inclusive and 9.00am to 9.00pm on Sundays.
(ii) D/2001/479 - for internal alterations to the existing Level 2 restaurant (Tenancy 2-04) including a partition wall opening, new lighting, replace / re-arrange kitchen equipment was approved on 14 August 2001. Condition 3 restricted the hours of operation to between 9.00am and 11.00pm Mondays to Sundays, inclusive.
(iii) D/2010/689 - for a restaurant fitout to Tenancy No.24 and No.27 on Level 2 of the QVB was approved on 30 June 2010. Condition 3 restricted the hours of operation to between 7.00am and 10.00pm Monday to Sunday, inclusive.
(iv) D/2014/334 - for internal fitout of 'Assamm' restaurant within lower ground floor of QVB was approved on 14 May 2014. Works include new commercial kitchen, internal and external dining area. Condition 2 restricts the hours of operation to between 9.00am and 10.00pm Monday to Sunday, inclusive.
(v) D/2016/394 - for a proposed shop upgrade of an existing Japanese take away shop was approved on 19 May 2016. Condition 3 restricts the hours of operation to between 9.00am and 6.00pm Monday to Wednesday, Friday, Saturday and Sunday and between 9.00am and 9.00pm on Thursday.
(vi) D/2017/1119 - for a refurbishment of the existing take away cafe and associated signage to Shop LG11, located at the lower ground level of the QVB was approved on 11 October 2017. Condition 2 restricts the hours of operation to between 6.30am and 6.00pm Mondays to Wednesdays, between 6.30am and 9.00pm Thursdays, and between 6.30am and 6.00pm Fridays to Sundays.
(vii) D/2013/1312 - for the fit out and use Shop 20-22 on Level 1 of the QVB for a licensed cafe with private functions was approved on 29 October 2013. Condition 2 restricts the hours of operation to between 10.00am and 10.00pm Monday to Sunday, inclusive.
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(viii) D/2017/1119 - for a refurbishment of the existing take away cafe and associated signage to Shop LG11, located at the lower ground level of the QVB was approved on 11 October 2017. Condition 2 restricts the hours of operation to between 6.30am and 6.00pm Mondays to Wednesdays, between 6.30am and 9.00pm Thursdays, and between 6.30am and 6.00pm Fridays to Sundays.
Heritage Act 197715. The QVB is listed in the State Heritage Register under the Heritage Act 1977. The
proposal complies with the site specific exemptions under Section 57(2) of the Heritage Act, 1977 and is not integrated development.
16. The site specific s57(2) exemption applies to:
(a) 21. All tenancy fit out works and changes of use that comply with the current version of the Queen Victoria Building Design and Fitout Guide approved by City of Sydney.
17. The proposed fit out, as amended, complies with the Queen Victoria Building Fitout Guide, and will meet the site specific exemptions under Section 57(2) of the Heritage Act 1977.
Liquor Act 200718. The proposal is located within the Sydney CBD Entertainment Precinct Liquor Freeze
area covered by the Liquor Act 2007.
19. Under the Act, Section 47I prevents the increase of license premises within a liquor freeze area, however as the premises is a restaurant with an on-premises licence, it is exempt from the liquor freeze provisions.
Economic/Social/Environmental Impacts20. The application has been assessed under Section 4.15 of the Environmental Planning
and Assessment Act 1979, including consideration of the following matters:
(a) Environmental Planning Instruments and DCPs.
Sydney Regional Environmental Plan (Sydney Harbour Catchment) 2005 (Deemed SEPP)21. The site is located within the designated hydrological catchment of Sydney Harbour
and is subject to the provisions of the above SREP.
22. The Sydney Harbour Catchment Planning Principles must be considered in the carrying out of development within the catchment. The key relevant principles include:
(a) protect and improve hydrological, ecological and geomorphologic processes;
(b) consider cumulative impacts of development within the catchment;
(c) improve water quality of urban runoff and reduce quantity and frequency of urban run-off;
(d) protect and rehabilitate riparian corridors and remnant vegetation.
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23. The site is within the Sydney Harbour Catchment and eventually drains into the Harbour. However, the site is not located in the Foreshores Waterways Area or adjacent to a waterway and therefore, with the exception of the objective of improved water quality, the objectives of the SREP are not applicable to the proposed development. The development is consistent with the controls contained with the deemed SEPP.
24. The development is consistent with the controls contained with the deemed SEPP.
Sydney LEP 201225. The site is located within the B8 - Metropolitan Centre zone. The proposed use is
defined as food and drink premises and is permissible.
26. The proposed development has no impact in relation to compliance with height and floor space ratio controls.
27. The relevant matters to be considered under Sydney Local Environmental Plan 2012 for the proposed development are outlined below.
Compliance Tables
Development Control Compliance Comment
5.10 Heritage conservation Yes The QVB is a local heritage Item under Schedule 5 of the Sydney LEP 2012 (Item No. I1783) and is also listed on the State Heritage Register (SHR 01814) as a state heritage item.
The proposed is not considered to have an impact on the heritage significance of the QVB.
See further discussion under Sydney DCP 2012 - 3.9 Heritage.
Sydney DCP 201228. The relevant matters to be considered under Sydney Development Control Plan 2012
for the proposed development are outlined below.
2. Locality Statements – 2.1.1 York Street Special Character Area including Clarence Street and Kent Street
The subject site is located in the York Street locality. The proposed development is internal to the QVB is considered to be in keeping with the unique character of the area and design principles without any adverse impact.
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3. General Provisions Compliance Comment
3.9 Heritage Yes The existing building is State and Local Heritage Item.
Refer to Issues section.
3.12 Accessible Design Yes A condition has been recommended for the proposed development to provide appropriate access and facilities for persons with disabilities in accordance with the DCP and the BCA.
3.13 Social and Environmental Responsibilities
3.13.1 Crime prevention through environmental design
Partial compliance
The proposed development is located on Level 2 of the QVB. Access is not provided from the street and will require travel through the shopping centre to get to Shop 48 on Level 1 via stairs, escalators or lifts.
The QVB is normally closed during the late opening hours proposed with no other use within the QVB operating to 2.00am.
Concerns about how the centre will be managed after 10.00pm have been addressed by the applicant in the Plan of Management and the lease agreement has been submitted. This shows that security measures will be in place after hours to accommodate safe arrival and departure.
3.14 Waste Yes A condition has been recommended for the proposed development to comply with the relevant provisions of the City of Sydney Code for Waste Minimisation in New Developments 2005.
3.15 Late Night Trading Management
Partial compliance
The subject application is proposing trade past 10.00pm and is subject to assessment under this provision.
Refer to Issues section.
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5. Specific Areas Compliance Comment
5.1 Central Sydney Yes There are no development controls relating to this proposal.
Issues
Heritage29. The existing building is listed as a State and Local Heritage Item. As stated previously,
the proposal complies with the site specific exemptions under Section 57(2) of the Heritage Act, 1977 and is not integrated development.
30. The matter was referred to Councils Heritage and Urban Design Specialist and issues were raised regarding the blocking of three windows to George Street.. The solutions regarding the outer surface treatment of the wall by the designer and heritage consultant conflict. It is noted that some plans show the first level windows of QVB retaining clear glass, whilst some diagrams show the use of frosted glass or glass lined with paper/ frosted films to provide privacy. Both solutions are problematic and will affect the external appearance of the building.
31. The installation of a wall blocking views in or out of three windows overlooking George Street is not consistent with the current Queen Victoria Building Design and Fitout Guide (2014) or the Conservation Management Plan and is not supported.
32. The use of the wall can be avoided if the internal layout designs are amended. This could easily be achieved by the the cool rooms (fridge and freezer) being swapped with the location of the wash up area which has been suggested by the applicant in amended plans submitted 9 April 2018.
33. Standard heritage conditions will also be included in the consent as well as other conditions relating to fixtures to the heritage walls and the use of materiality in relation to the elevated floor and subfloor. The use of concrete or masonry is not supported. Other conditions are also included which relate to the maintenance of the existing columns/piers and the height of the bar which is to not exceed the height of the adjacent window sill.
34. Given compliance with the above recommendations and conditions the proposal is acceptable on heritage and urban design grounds.
Late Night Trading Management 35. In accordance with Section 3.15 of Sydney Development Control Plan 2012, the
licensed premises is identified as a Category B premises and is located in a City Living Area.
36. The permitted base indoor hours are from 7.00am to 1.00am, the following day with extended trading permitted till 5.00am on a trial period basis with extended hours only being permitted in 2 hour increments. The application proposes trade from 7.00am to 2.00am the following morning Monday to Sunday, inclusive.
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37. A Plan of Management has been submitted with the application which is considered to be acceptable and addresses the requirements of Schedule 3.3 (Plan of management requirements (Low Impact Premises)) of the Sydney Development Control Plan 2012. A condition requiring compliance with the plan of management is included in the consent.
38. Concerns about how the centre will be managed after 10.00pm have been addressed by the applicant with the terms of the Plan of Management and lease agreement. This shows that security measures will be in place after hours to accommodate safe arrival and departure.
39. The proposal will contribute to the diversity of night-time activity and it is recommended that the base hours be approved between 7.00am and 1.00am, the following day, Monday to Sunday, inclusive, with extended trading until 2.00am being allowed subject to a one year trial period
Access40. It is recommended that disabled access be provided in accordance with the provisions
of the DCP. An appropriate condition is recommended.
Other Impacts of the Development41. The proposed development is capable of complying with the BCA. It is Class 6.
42. It is considered that the proposal will have no significant detrimental effect relating to environmental, social or economic impacts on the locality, subject to appropriate conditions being imposed.
Suitability of the site for the Development 43. The proposal is of a nature in keeping with the overall function of the site. The
premises are in a commercial surrounding and amongst similar uses to that proposed.
Internal Referrals44. The conditions of other sections of Council have been included in the proposed
conditions.
45. The application was discussed with the Heritage and Urban Design Specialists; Building Services Unit; Environmental Health; Licenced Premises; who advised that the proposal is acceptable subject to the recommended conditions.
External Referrals46. The application was referred to NSW Police on 1 March 2018. A police response was
received at the time of the preparation of this report on 19 April 2018 with no objection being made subject to the recommended conditions. The relevant conditions have been included in the consent.
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Notification, Advertising and Delegation (Submission(s) Received)47. In accordance with Schedule 1 the Sydney DCP 2012, the proposed development is
required to be notified and advertised. As such the application was notified and advertised for a period of 21 days between 1 March 2018 and 23 March 2018. As a result of this notification there was 1 submission received which raised the following concerns:
(a) The proposed trading hours are excessive for the QVB. The applicant fails to take into account any impact of the early morning or late-night trade upon local residents noting that no noise will escape form the premises.
Response - The site is located in the CBD and is not in direct proximity to residential uses. The proposal is consistent with the objectives of the zone and is surrounded by similar to uses to that which is proposed. Standard noise conditions have been included in the consent.
Public Interest48. It is considered that the proposal will have no detrimental effect on the public interest,
subject to appropriate conditions being proposed.
S61 Contribution
49. The cost of the development is in excess of $200,000 and is therefore subject to a development levy pursuant to the Central Sydney (Section 61) Contributions Plan 2003. An appropriate condition has been included in the recommendation of this report.
Relevant Legislation
50. The Environmental Planning and Assessment Act 1979.
51. The Heritage Act 1977
Conclusion
52. The proposal for internal alterations and additions to the existing retail tenancy (Shop 1, Level 2) is consistent with the objectives and provisions of the Sydney LEP 2012 and the Sydney DCP 2012 and will have minimal environmental and heritage impacts.
53. The application is recommended for approval subject to conditions.
