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Parramatta City Council
| REGULATORY | 14 November 2005 |
ITEM NUMBER 10.08a
SUBJECT |
168 Caroline Chisholm Drive, Winston Hills
(Pt Lot 4 DP 565881) (Caroline Chisholm Ward)
(Location Map - Attachment 1)
The extensive refurbishment of the Winston Hills Hotel including the construction of 5 pavilions over various sections of the beer garden, landscaping works and the removal of 12 carparking spaces |
REFERENCE |
DA/108/2005 - Submitted 15 February 2005
Applicant - A Thomas
Owners - A Thomas and Jersie Pty Ltd |
REPORT OF |
Manager Development Services (DSU 104/2005) |
PURPOSE
1. To provide Councillors with an update on the actions raised in the resolution of Council on 11 July and to determine Development Application No. 108/2005 which seeks consent to the extensive refurbishment of the Winston Hills Hotel including the construction of 5 pavilions in the beer garden, landscaping works and the removal of 12 car parking spaces.
RECOMMENDATION
(a) That Council grant consent to Development Application No. 108/2005 subject to standard conditions.
(b) That a copy of Council’s Determination of the application be forwarded to Baulkham Hills Council.
(c) Further, that objectors be advised of Council’s decision.
BACKGROUND
1. On 11 July 2005 Council considered a report on the refurbishment of the Winston Hills Hotel. Council resolved the following:
“(a) The matter be deferred pending an onsite meeting involving residents, interested councillors from both Parramatta and Baulkham Hills Councils, the applicant and council’s officers to be held on Saturday 16th July at 10am.
(b) In the meantime, a further report be prepared and listed on the agenda for the Ordinary Meeting of Council to be held on 25 July 2005. The report to include information on or action instigated in relation to the following:-
1. The results of an independent sound assessment projection which takes into consideration noise projected when windows are both open and closed, plus noise which would emanate from the car park area. The sound assessment to be undertaken by Council using a qualified member of the Association of Australian Acoustical Consultants. The sound assessment be carried out in accordance with the Current Liquor Administration Board Noise condition criteria viz:-
LA10* noise level emitted from the licensed premises shall not exceed the background noise level in any octave band frequency (31.5 Hz - 8k Hz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence.
LA10* noise level emitted from the licensed premises shall not exceed the background noise level in any octave band frequency (31.5 Hz - 8k Hz inclusive) between 12.00 midnight and 07.00 am at the boundary of any affected residence.
Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00 am.
*For the purpose of this condition the LA10 can be taken as the average maximum deflection of the noise from the licensed premises.
2. A list of crime statistics within a two kilometre radius of the hotel two years prior to late night closing being introduced, and each year following late night closing being introduced.
3. The conflicting statement in the report which states that the proposed refurbishment does not result in any additional seating (the hotel currently has 450 seats indoor and outdoor), whereas, it was clearly stated by the applicant at the meeting held at Baulkham Hills Council and written into the minute of the meeting, that the capacity seating currently is for 800 patrons.
4. The Police, Liquor Licensing Board and Council be requested to furnish a subsequent report taking into consideration the 50 statutory declarations from residents, received since the completion of the town planner’s report, which relate to the various incidents of unacceptable and unsociable conduct of some of the patrons of the hotel, since late night closing and Sunday Trading was introduced.
5. Why there has been no reference in the town planner’s report to the NSW Alcohol Summit Findings, as alluded to in one of the detailed submissions. Some only, of these findings include:-
- The abundant evidence of causal relation between the availability of alcohol and incidents of related harm
- The submission of the NSW Police which states in part only that “77% of public order incidents (assaults, offensive behaviour, offensive language, were alcohol related” and “The increased problem for the policing, health and infrastructure within increased hours of operation”
6. Comments be sought from the four local schools and child care centres if that hasn’t already been undertaken.
7. Whether the police report to council indicated that a Crime Risk Evaluation was carried out as required under Section 79c of the Environmental Act 1979 and Crime Prevention. If not, the matter be referred back to the police along with the 50 submissions, for a Safer by Crime Risk Evaluation, based on the Aust, and NZ Design Risk Management Standard (ANZS 4360),1999.
(c) That the applicant be requested to provide a detailed management plan for that meeting’s reference, in particular, containing the following operational aspects when exceeding 450 patrons on site:-
(i) the offsite cleanup arrangements after each major event in residential areas within a 500 metres radius;
(ii) the contracted visible and effective security arrangements during and up to 3 hours after major events, including offsite patrols in residential areas within a 500 metres radius;
(iii) the additional temporary acoustic internal walls/barriers to be erected for each major event, and also subject to the NSW Industrial Noise Policy;
(iv) the closing of the operable vergola roofing system during major events when the noise level exceeds a defined threshold; and
(v) the communication of a direct telephone number to a suitable senior staff member of the hotel for residents to contact.
2. As Council would be aware a DA was also submitted to Baulkham Hill Council for the proposed works. Baulkham Hills Council considered the DA at a meeting of Council on Tuesday, 19 July 2005 and Council resolved that the application be deferred for the following:
“1. This Council supports Parramatta City Council in seeking the following information:
- An independent Acoustic Report be undertaken to assess noise from the Hotel and car parking area;
- Crime statistics within a two (2) kilometre radius of the hotel;
- Confirmation regarding seating numbers;
- The Police, Liquor Administration Board and Parramatta City Council to review the fifty (50) submitted statutory declarations;
- Further assessment against the NSW Alcohol Summit findings;
- Comments to be sought from surrounding schools and child -care centres;
- Further details regarding Crime Risk Assessment; and
- Further details regarding the Plan of Management for the Hotel.
2. Council seeks further consultation with Parramatta City Council on these matters and a further report be submitted.”
3. An on-site meeting was held at 10.00am on Saturday 16 July 2005 to discuss the DA. The meeting was attended by 50 residents, the applicant, Councillors Barber, Chedid, Esber, Finn, Lim, Prudames, Wilson and Worthington, and 2 Council staff including the Service Manager Development Assessment.
4. A memo was presented to Council at the meeting on 25 July 2005, which provided the Councillors with an update on the actions which had been made to date on the items outlined in the resolution of Council on 11 July 2005 and of the site meeting of 16 July 2005.
UPDATE OF COUNCIL RESOLUTION
5. Part B of Council’s resolution of 11 July 2005 was to provide an update on the following request for information:
1. The results of an independent sound assessment projection which takes into consideration noise projected when windows are both open and closed, plus noise which would emanate from the car park area. The sound assessment to be undertaken by Council using a qualified member of the Association of Australian Acoustical Consultants. The sound assessment be carried out in accordance with the Current Liquor Administration Board Noise condition criteria viz:-
LA10* noise level emitted from the licensed premises shall not exceed the background noise level in any octave band frequency (31.5 Hz - 8k Hz inclusive) by more than 5dB between 7.00am and 12.00 midnight at the boundary of any affected residence.
LA10* noise level emitted from the licensed premises shall not exceed the background noise level in any octave band frequency (31.5 Hz - 8k Hz inclusive) between 12.00 midnight and 07.00 am at the boundary of any affected residence.
Notwithstanding compliance with the above, the noise from the licensed premises shall not be audible within any habitable room in any residential premises between the hours of 12.00 midnight and 07.00 am.
*For the purpose of this condition the LA10 can be taken as the average maximum deflection of the noise from the licensed premises.
6. Council staff engaged the services of Renzo Tonin and Associates to carry out an independent noise assessment in accordance with the current Liquor Administration Board Noise condition as required by the resolution of Council. The report was finalised on 11 August 2005. The report summarises the results of the noise monitoring undertaken over 3 days near potentially affected residential premises near the site to determine background and ambient noise levels. The report is attached to this report.
7. Renzo Tonin measured the noise emissions from the Hotel at the potentially most affected neighbouring residences during the operation. Noise monitoring equipment was placed at Nos 165 and 179 Caroline Chisholm Drive and 206 and 210 Junction Drive.
8. Noise emission measurements were assessed against the relevant noise criteria set out in NSW’s Liquor Administration Board’s (LAB) ‘Standard Noise Condition’, The NSW Noise Guide for Local Government (NGLG) and the Environmental Noise Control Manual’ (ENCM).
9. The report concludes that the noise from the Hotel, including the restaurant and beer garden was inaudible during short-term measurements which were conducted at night between 10.00pm and 3.00am, Friday 29 July to Saturday 30 July. It was found that the existing noise levels from the Hotel comply with the criteria set by the LAB. The refurbishment of the Hotel is not expected to increase noise impacts and may in fact provide an acoustical benefit for neighbouring residents due to additional shielding provided by vergolas and glass screening.
10. The report also concludes that the car park is not significantly affected by the refurbishment, which will further improve with the removal of the 12 car parking spaces at the front. Noise levels from car park activities comply with the NGLG intrusiveness criteria. Noise levels generated from the car park are within 65 dB(A) and comply with NSW Noise Guide for Local Government.
11. To ensure the proposed development does not impact on the amenity of the adjoining development the Report made the following recommendations:
“Noise emissions from the Hotel and car park were found to comply with the LAB criteria and the NGLG Intrusiveness criteria. Noise emission from the car park may exceed the sleep arousal criteria, although recent research indicates that the noise levels generated are unlikely to cause sleep arousal. Nonetheless, in order to manage the potential for Hotel and car park noise to disturb the sleep of neighbouring residents, the following in-principle noise management measures are provided.
1. Windows and doors to the proposed refurbished beer garden should be closed after midnight as a precaution against causing a noise impact from the Hotel.
2. Licensed uniformed security personnel should be engaged to patrol the area in the vicinity of the premises, in particular the car park area, to ensure that patrons do not loiter or linger in the area or cause nuisance or annoyance to the neighbourhood.
3. An announcement should be made at the cessation of entertainment to the effect that patrons should leave the premises and the vicinity quickly and quietly to avoid disturbance of the neighbourhood.
4. The Licensee and staff should take all reasonable steps to control the behaviour of the patrons of the Hotel as they enter and leave the premises. In this regard the Licensee should erect signs at all points of exit of the Hotel requesting patrons leave quietly, in particular after midnight (if not already in place).
12. These recommendations have been incorporated into the Plan of Management to ensure that the operation of the Hotel will not impact on the amenity of the area. The Plan of Management will form part of the consent conditions and will be required to be adhered to at all times.
2. A list of crime statistics within a two kilometre radius of the hotel two years prior to late night closing being introduced, and each year following late night closing being introduced.
13. Council staff wrote to Parramatta Local Area Command of the NSW Police Service on 12 July 2005 requesting the crime statistics from 1997 to 2005 within a 2 kilometre radius of the hotel. On 2 August 2005 the Parramatta Local Area Command provided Council with a list of crime statistics for the area surrounding the hotel for 1999 and 2005. The Parramatta Local Area Command provided the following:
“All data has been taken from a 1(one) kilometre radius from the Winston Hills Hotel. All data was downloaded as suburb “Winston Hills” and therefore does not extend across LAC boundaries to Baulkham Hills in the Hills LAC.
The final column of the table below shows 2 figures. The first is the total amount of offence per category for the six months period of 2005 for the whole LAC during 2005.
Findings are as follows:-
| 1999 Total | 2005 Total | Total offences for Parramatta LAC during the 2005 period |
| Assault | 6 | 5 | 478 (1.0%) |
| Break and Enter | 24 | 5 | 692 (0.7% |
| Drug Detection | 2 | 0 | 97 |
| Malicious Damage | 27 | 15 | 480 (0.2%) |
| Robbery | 2 | 1 | 102 (0.9%) |
| Stealing | 32 | 15 | 1294 (1.1%) |
| Stolen Vehicle | 23 | 2 | 295 (0.6%) |
There have been decreases in all crime categories when comparing 1999 figures with 2005 figures for Winston Hills. All crime, other than the offence of stealing, are relatively low for the six-month period. The reason of the offence ‘stealing’ may be a little high, in that the Winston Hills Shopping Centre is located adjacent to the Hotel, and reports of property theft and retailing stealing are more common in these areas.”
3. The conflicting statement in the report which states that the proposed refurbishment does not result in any additional seating (the hotel currently has 450 seats indoor and outdoor), whereas, it was clearly stated by the applicant at the meeting held at Baulkham Hills Council and written into the minute of the meeting, that the capacity seating currently is for 800 patrons.
14. Even though the report correctly noted that the seating capacity of the Hotel was not proposed to increase, the figure of 450 quoted in the report was incorrect. This figure was derived from the capacity of the existing restaurant and beer garden rather than the entire Hotel. The current seating capacity of the Hotel is 772, whereas following the refurbishment it will be 770.
4. The Police, Liquor Licensing Board and Council be requested to furnish a subsequent report taking into consideration the 50 statutory declarations from residents, received since the completion of the town planner’s report, which relate to the various incidents of unacceptable and unsociable conduct of some of the patrons of the hotel, since late night closing and Sunday Trading was introduced.
15. The statutory declarations were forwarded to the Liquor Licensing Board and Police and were requested to provide a further report.
16. On 2 August 2005, the NSW Police Service Licensing Office provided a response regarding the statutory declarations and advised the following:
“I[Sergeant Bull] have met with Mr Barry Morgan and members of the Winston Hills action group, and supplied them with documentation and fully explained complaint action that can be undertaken pursuant to Section 104 of the Liquor Act. In respect to concerns they have regarding the Winston Hills Hotel, which would be the most appropriate course of action in this circumstance.
Since this meeting with Mr Morgan, I have been instructed by Mr Morgan, that he has obtained many Statutory Declarations of support from local residents indicating their concerns in respect to the recent application by Winston Hills Hotel. This documentation has been gathered by Mr Morgan so the action group can lodge complaint action with the Liscensing Court. ………
Both Senior Constable Scaron who is the Parramatta Crime Prevention Officer and I have inspected the subject development application. Analyzing recorded data concerning the subject premises, we both provided reports to the Parramatta Council indicating Police had no cause to object to the proposed alterations.
Like various members of Parrramatta City Council, Parramatta Police are empathic to the concerns of the local Winston Hills constitutes. Council along with the local residents can be assured that Local Police actively monitor the trading of all licensed premises operating within the Parramatta Local Area Command. If crime trends increase in or around the licensed premises, Police instigate the necessary regulatory interventions to remedy the identified problem.”
17. Council received no response from the Liquor Licensing Board.
5. Why there has been no reference in the town planner’s report to the NSW Alcohol Summit Findings, as alluded to in one of the detailed submissions. Some only, of these findings include:-
- The abundant evidence of causal relation between the availability of alcohol and incidents of related harm
- The submission of the NSW Police which states in part only that “77% of public order incidents (assaults, offensive behaviour, offensive language, were alcohol related” and “The increased problem for the policing, health and infrastructure within increased hours of operation”
18. The hotel is a lawful use that operates by virtue of a Licence to serve alcohol granted by the NSW Liquor Administration Board.
19. The current application before Council seeks approval to the refurbishment of the existing hotel and must be considered by Council within the framework established by the Environmental Planning and Assessment Act. A management plan has been prepared to address the issues of anti-social behaviour identified by the Police and the summit.
6. Comments be sought from the four local schools and child care centres if that hasn’t already been undertaken.
20. Council wrote to 8 schools and childcare centres on 27 July 2005 that are within close proximity to the Hotel. Council provided the schools and childcare centres 14 days to comment on the subject development application. Council received no comments from the schools and childcare centres on the development application.
7. Whether the police report to council indicated that a Crime Risk Evaluation was carried out as required under Section 79c of the Environmental Act 1979 and Crime Prevention. If not, the matter be referred back to the police along with the 50 submissions, for a Safer by Crime Risk Evaluation, based on the Aust, and NZ Design Risk Management Standard (ANZS 4360),1999.
21. The application was referred to NSW Police Crime Prevention Unit for comment. The Police Service advised that the DA does not fall into the criteria for review, however, the following comments were provided to Council:
“The renovations do not have an impact on the overall daily duties that would impact or require police attendance in regards to these alterations. The application does not mention a change in trading hours and as such does not warrant comment on this issue. The extra area asked for in the application may have cause for extra patronage at the hotel, and in this regard, it would be recommended that the proprietor take responsibility for the level of noise patrons, that attend the hotel, may create, when they are leaving the hotel. The proprietor should attempt to make sure that all patrons leave the establishment with minimal disturbance, within reason, to surrounding local residents.”
22. The management of patrons has been addressed by the applicant in the Management Plan for the hotel that will be discussed further in this report.
I That the applicant be requested to provide a detailed management plan for that meeting’s reference, in particular, containing the following operational aspects when exceeding 450 patrons on site:-
(v) the offsite cleanup arrangements after each major event in residential areas within a 500 metres radius;
(ii) the contracted visible and effective security arrangements during and up to 3 hours after major events, including offsite patrols in residential areas within a 500 metres radius;
(iii) the additional temporary acoustic internal walls/barriers to be erected for each major event, and also subject to the NSW Industrial Noise Policy;
(iv) the closing of the operable vergola roofing system during major events when the noise level exceed a defined threshold; and
(v) the communication of a direct telephone number to a suitable senior staff member of the hotel for residents to contact
23. The Management Plan was submitted to Council on 2 September 2005. The Plan was referred to Council’s Solicitor for reviewing because the plan is affected by criminal law and liquor laws. Council’s Solicitor had concern that the Plan did not address the resolution of Council relating to the role of the security officers and of the acoustics treatment proposed for major events to the fullest extent possible under the law. The Plan noted that a complaint register would be made, and it was requested that the register be made available for Council to inspect upon request. The Plan (61 page document) was amended on 25 September 2005 to address the concerns identified by Council’s solicitor.
24. The Plan will provide for the following mitigation measures:
- “Provision of security and protection for patrons and guests and members of the community involving effective “security arrangements” during and up to 3 hours after major events, including offsite patrols in residential areas within 500m radius.”
25. The security staff will carry out patrols continually during and up to 3 hours after the major event. Patrols will be conducted by security staff within a 500m radius of the hotel. Also during major events security staff will be placed on the intersection of Caroline Chisholm Drive and Junction Road prior to closing time to ensure patrons leave in a quiet manner and do not loiter around the hotel or residential areas.
- “Maintenance of a committee system, permitting liaison between senior hotel employees, contractors and members of the community through regular meetings”
26. The Hotel proposes to encourage active participation from the community in the ongoing operation of the hotel. The hotel is to implement a complaints management system which is designed to help in its relation with the community. The hotel will provide the community with the manager’s contact details to raise any concerns that they have with the operation of the hotel.
- “Ensuring the safety of employees, contractors and members of the community whilst located in the hotel precincts”
27. The hotel has in place occupational health and safety standards to prevent injuries occurring to employees, contractors and the community, and to ensure that a safe environment is provided for patrons and guests. The hotel has established a committee responsible for dealing with issues relating to OH & S.
- “Moderation of offensive and other unacceptable behavior by patrons of the hotel.”
28. Part of the management plan is the security protocols for ensuring patrons of the hotel behave in an appropriate manner. Security staff are to have a proactive approach in detecting potential problems before they occur. The plans provide details as to how the hotel will manage offensive behaviour, underage drinking, intoxication, external residential patrols, crowd control and closing procedures.
- “Reporting of serious matters to Police”
29. The management plan has provided procedures on how employees of the hotel and security staff are to report matters to the police.
- “Provision of ongoing training for employees and contract security personnel”
30. Employees of the hotel will be provided with training on an ongoing basis, relating to OH &S, emergency response training, site induction session, and familiarisation of the hotel and its operations.
- “Clearing of all litter from streets in the immediate vicinity of the hotel including but not limited to empty beer bottles and glasses (broken or otherwise), paper, food containers and the like. This is increased to a 500 metre radius of the hotel after a major event.”
31. Hotel employees after a major event will clear litter from the street within a 500m radius of the hotel.
- “The closure of the operable roof and window system located within the external pavilions for the duration of major events.”
32. The plan of management states that the operable roof and window system located on the external pavilions will be closed for the duration of major events.
33. The provision of the complaints register is included in the Plan to ensure that any incidents caused by the Hotel are acted upon. The Manager’s number is given to residents to raise concerns. During major events the head of security will carry a mobile phone and the number will be provided to residents within a 500m radius of the hotel. Seven days prior to the event contact details will be provided in a letter box drop. Provisions have been made in the Plan to ensure that the register is continually updated and reviewed, and is available to both Parramatta and Baulkham Hills Councils and the Police upon request.
34. The Plan will be reviewed on an annual basis to consider appropriate recommendations, changes in the operation of the hotel, and activities being conducted in the hotel. A condition will be included in the recommendation that any changes to the Plan will require approval from Council, to ensure the intent of the Plan is maintained.
35. The amended plan was reviewed by Council’s Solicitor and it was advised that the Plan had satisfied Council’s resolution.
36. The plan will be referenced in the conditions of consent and will be required to be adhered to at all times. In event that the Management Plan is not being carried out, action can be taken by Council to enforce the breach of the development consent. A copy of the Management Plan is attached to this report.
Phoebe Mikhiel
Senior Development Assessment Officer
ATTACHMENTS
Refer Attachment/s 132 scanned page/s
1. Previous Report of Manager Development Services DSU 72/2005 - 24 pages
2. Environmental Impact Assessment Report - 41 pages
3. Police Report - 6 pages
4. Plan of Management - 61 pages
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