HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________


SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 04 09TH APRIL, 1997-



05:02 Development Applications - Hurstville Ward
05:02.01 42 Park Road, Hurstville (D.A. 470/95)
Request For Extension To Existing Consent For Therapeutic Massage
and Health Rooms

05:02.02 4/130 Forest Road, Hurstville (D.A. 570/95)
Request For 12 Month Extension To Existing Consent For Sports
Therapy And Remedial Massage Centre

05:02.03 1A Hill Street, Hurstville (D.A. 480/95)
Request For Permanent Approval Of Existing Trading Hours For The
Hill Street Tavern

05:02.04 183B Forest Road, Hurstville (D.A. 80/96)
Request For Permanent Approval Of Trading Hours To 3.00 Am
Monday To Saturday And 1.00 Am Sunday

05:02.05 1/330 Forest Road, Hurstville (D.A. 389/96)
Use Of First Floor Commercial Premises As A Brothel

05:04 Development Applications - Peakhurst Ward
05:04.01 268A Belmore Road, Riverwood (D.A. 489/94)
Request For Further 12 Month Consent To Existing Therapeutic
Massage Service

05:04.02 705 Forest Road, Peakhurst (D.A. 143/91)
Request For Permanent Approval Of Existing Trading Hours For The
Peakhurst Inn

05:04.03 81 Woodlands Avenue, Lugarno (D.A. 49/95)
Section 102 Modification

05.04.04 329 Belmore Road, Riverwood (D.A. 453/96)
Use of First Floor Premises as a Swingers Club

05.04.05 60 Isaac Street, Peakhurst (D.A. 90/96)
Canteen And Storage Room


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION ONE
REPORT NO 01TO THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 04 09TH APRIL, 1997-


The General Manager
Hustville City Council
The Civic Centre
HURSTVILLE

Dear Sir,

Hereunder is my report No.01 to be submitted to the DEVELOPMENT, HEALTH AND PLANNING Committee:-


05.02 DEVELOPMENT APPLICATIONS - HURSTVILLE WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.01 42 PARK ROAD, HURSTVILLE (D.A. 470/95)
REQUEST FOR EXTENSION TO EXISTING CONSENT FOR THERAPEUTIC MASSAGE AND HEALTH ROOMS
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : David Sercombe
Proposal : REQUEST FOR EXTENSION TO
EXISTING CONSENT FOR
THERAPEUTIC MASSAGE AND
HEALTH ROOMS
Zoning : 3(a) General Business
Owner : C. Athanasiou


PRECIS OF REPORT

1. Development Application D.A. 470/95 for the operation of Therapeutic Massage and Health Rooms was approved by Council on 15 November 1995.

2. The consent was limited by condition to a 12 month period with the onus being placed on the applicant to request an extension to the approval prior to expiry of the 12 month period.

3. In September 1996, the applicant applied to Council for the issue of a permanent Development Consent.

4. It is recommended that the request be refused.

Background

A Development Application for the use of premises located at 42 Park Road, Hurstville as Therapeutic Massage and Health Rooms was originally submitted in October 1995.

The application was approved by Council in November 1995 subject to a range of conditions, including a prohibition on the use of the premises for the purposes of prostitution, and a time limit of 12 months on the operation of the consent. In September 1996, the applicant applied to Council requesting that a permanent Development Consent be issued, i.e. that the 12 month limit on the consent be deleted.

This letter states as follows :

"Development consent 470/95 is valid to November 15, 1996. Our business seeks permission to continue with its remedial massage centre at 42 Park Road, Hurstville. We wish to apply for permanent development consent after the current development consent expires.

Since our establishment on November 15, 1996, our business has been conducted in a proper manner, complying with all the conditions stipulated in development consent. Regulations are in place to ensure that all staff members comply with these conditions. The regulations stipulate that within the property premises :

1. massage techniques be carried out to client requirements
2. no sexual acts be performed
3. possession of condoms is prohibited
4. clients asking for sex be asked to leave the property premises
5. telephone enquiries requesting sex be answered with "no sex available at this business"

A failure to comply with these regulations results in termination of employment.

Although your council received complaints regarding possible breeches of development consent, a council inspection conducted on March 18, 1996 by Mr. M. Buckley concluded that our business operations were generally in accordance with approved development consent.

I hope council can be confident in approving permanent development consent to our business, based on our past record of development consent compliance."

Existing Development

During the time the subject business has operated, Council has received several complaints regarding the nature of the services provided, as follows:

16, 18 January 1996 - Two complaints received regarding the premises being used for prostitution.

21 February 1996 - Concerns raised by Hurstville Police suggesting that the premises was operating as a brothel.

30 April 1996 - Complaint regarding use of the premises as a brothel.

14 June 1996 - Complaint regarding use of the premises as a massage parlour.

On the basis of these complaints, the proprietor of the business was advised that Council would take legal action if the premises did not comply in all respects with the Development Consent as issued. In reply, the proprietor strenuously denied the premises was being used for prostitution and following a site inspection by Council Officers, Council issued a further letter accepting that the development was operating in compliance with the conditions of consent.

In early 1997, Council Officers conducted a further inspection of the premises and were unable to confirm that the operation was contravening any consent conditions. However, a telephone call made by a Council Officer to the premises elicited the response that prostitution was taking place at the property. The proprietor of the premises has continued to refute any assertion that the development does not comply with the original consent issued, however, there appears to be some doubt as to whether the premises is a bonafide therapeutic massage and health clinic.The premises advertises in the "Personal" columns of the classified advertisements of the "St. George and Sutherland Shire Leader" newspaper as follows :
AT HURSTVILLE

BODY TO BODY
A total relaxation
Sensual, Unrushed
MASSAGE
$40 for package
Open 7 days
10 a.m. - 10 p.m.
42 Park Rd, Hurstville
* 9589 1671 *

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 42 PARK ROAD, HURSTVILLE (D.A. 470/95)
REQUEST FOR EXTENSION TO EXISTING CONSENT FOR THERAPEUTIC MASSAGE AND HEALTH ROOMS
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 42 PARK ROAD, HURSTVILLE (D.A. 470/95)
REQUEST FOR EXTENSION TO EXISTING CONSENT FOR THERAPEUTIC MASSAGE AND HEALTH ROOMS
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council, as the consent authority, refuse the request for an extension to Development Consent DA 470/95 and refuse development consent for the use of premises at 42 Park Road, Hurstville as Therapeutic Massage and Health Rooms for the following reasons :

1. The proposal is inadequate in terms of on-site parking.

2. The proposal is considered to be likely to have an adverse impact on the amenity of the neighbourhood in the future.

3. There has been significant public interest in brothels and like premises in Hurstville resulting in an overwhelming number of submissions, requesting applications be rejected.

4. The circumstances of the case and the public interest.

5. The proposed use varies from the publicised use.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.02 4/130 FOREST ROAD, HURSTVILLE (D.A. 570/95)
REQUEST FOR 12 MONTH EXTENSION TO EXISTING CONSENT FOR SPORTS THERAPY
AND REMEDIAL MASSAGE CENTRE
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : Ms W. Weynton
Proposal : REQUEST FOR 12 MONTH
EXTENSION TO EXISTING
CONSENT FOR SPORTS THERAPY
AND REMEDIAL MASSAGE CENTRE
Owner : Rysolo Pty Ltd


Precis of Report

1. Development Application D.A. 570/95 for the use of first floor commercial premises as a Sports Therapy and Remedial Massage Centre was approved by Council on 9 February 1996.

2. The consent was limited by condition to a 12 month period with the onus being placed on the applicant to request an extension to the approval prior to expiry of the 12 month period.

3. In September 1996, Solicitors acting for the applicant submitted a request for the consent to be extended for a further 12 month period.

4. It is recommended that the request be refused.

Background

A Development Application for the use of premises located at Suite 4, 130 Forest Road, Hurstville as a Sports Therapy and Remedial Massage Centre was originally submitted to Council in December 1995.

The application was approved by Council subject to a range of conditions including a time limit of 12 months on the operation of the consent and a requirement that the applicant re-apply to Council prior to the expiry of the 12 month period if it was intended to continue the business. In October 1996, a Solicitor acting on behalf of the applicant, formally applied for the consent to be extended for 12 months to February 1998.

Existing Development

The subject business has operated since February 1996. During this time Council has received only one complaint regarding the nature of the business being carried out on the premises. At the time of receipt of the complaint, being October 1996, investigations by Council Officers could find no evidence that the premises was not being operated in accordance with all of the conditions of Development Consent.

Upon receipt of the applicant's request to extend the period of consent, Council required that the applicant submit a statement detailing the nature of the business, including whether the premises is actually operating as a brothel. Solicitors acting on behalf of the applicant responded in the clearest terms that the business being conducted is not a brothel and that the operation complies with the terms of Council's consent and does not disturb adjoining owners or business proprietors.

Council's letter requesting information and the applicant's reply stated as follows :

"I refer to your letter of 26 September, 1996 in connection with the above and advise that no approval has yet been given to continue the use of the subject premises for therapeutic massage services beyond 9 February, 1997.

The Council has expressed concern over the operation of brothels, adult bookshops and other "adult services" businesses in Hurstville and in this regard I attach copies of advertisements taken from the personal columns of the local newspaper. These suggest to Council that this operation may involve more than a standard massage for therapeutic purposes.

Prior to further consideration being given to your application additional information on your use is thus required by Council as follows :

1. Are your services in the nature of sexual favours.

2. Describe in full detail the nature of services available at your business.

3. List the number of employees in your business and their professions.

4. State the hours of operation of your business.

5. Nominate the amount of car parking spaces provided on site.

6. List the anticipated number of customers attending your business on a day by day basis over a week and give the times for the peak attendance of customers.

7. Lodge a detailed written submission as to why you feel that approval for the use of the premises should be extended by Council.

8. Advise whether a "brothel" more aptly describes the use of your premises.

This information shall be lodged with Council within twenty-eight (28) days from the date hereof and on receipt of the above information further consideration will be given to your application. If no reply is received in this time your application will be refused by Council."

"We refer to your letter of 3 February 1997 and have now had the opportunity of discussing the matter further with our client.

We refer to the questions you asked in that letter numbered 1-8 and are instructed to reply as follows :

1. No.

2. Remedial Body Massage.

3. There are three employees, each with a Certificate of Massage. The registered proprietor of the business also has a Certificate of Massage.

4. 10 a.m. until 10 p.m. each day.

5. There is one allocated car space.

6. Our client may have up to 28 customers per week.

7. The development approval for the use of the premises should be extended by Council on the basis that our clients business is remedial body massage only and no sexual services are provided to customers. The business does not cause any disturbance to adjoining owners or business proprietors.

8. The word "Brothel" certainly does not describe the use of our clients premises. As previously advised, sexual practices do not take place in our clients business"

A telephone call to the centre made by a Council Officer in January 1997 also elicited the response that no sexual services were available at the premises. In addition, advertisements placed in the St George & Sutherland Shire Leader relating to the premises clearly state "No Sex". Council must therefore make a decision whether or not to accept the applicant's claims at face value. Should Council have concerns regarding the extent of services offered by the centre, it may wish to take into account how approval, or otherwise of the application will impact upon the best interests of the Hurstville community. The fact that the premises continues to advertise in the "Personal" section of the local paper may in itself be of concern to Council.

The premises advertises in the "Personal" columns of the classified advertisements of the "St. George and Sutherland Shire Leader" newspaper as follows :
LADIES IN LINGERIE
10 TO 10 SEVEN DAYS A WEEK
NO SEX

Shop 4, 130 Forest Road
(Cnr Forest Rd. & Hudson St.) Hurstville
9580 8037
AFTPOS, VISA & MASTERCARD ACCEPTED


This advertisement does not seem to have a relationship to sports therapy and remedial massage.




HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 4/130 FOREST ROAD, HURSTVILLE (D.A. 570/95)
REQUEST FOR 12 MONTH EXTENSION TO EXISTING CONSENT FOR SPORTS THERAPY
AND REMEDIAL MASSAGE CENTRE
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 4/130 FOREST ROAD, HURSTVILLE (D.A. 570/95)
REQUEST FOR 12 MONTH EXTENSION TO EXISTING CONSENT FOR SPORTS THERAPY
AND REMEDIAL MASSAGE CENTRE
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council as the consent authority refuse the request for a twelve (12) month extension to Development Consent 570/95 and refuse development consent for the use of premises at Suite 4, 130 Forest Road, Hurstville as a Sports Therapy and Remedial Massage Centre for the following reasons :

1. The proposal is inadequate in terms of on-site parking.

2. The proposal is considered to be likely to have an adverse impact on the amenity of the neighbourhood in the future.

3. There has been significant public interest in brothels and like premises in Hurstville resulting in an overwhelming number of submissions, requesting applications be rejected.

4. The circumstances of the case and the public interest.

5. The proposed use varies from the publicised use.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.03 1A HILL STREET, HURSTVILLE (D.A. 480/95)
REQUEST FOR PERMANENT APPROVAL OF EXISTING TRADING HOURS FOR THE HILL STREET TAVERN
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : P J Wood & Associates
Proposal : REQUEST FOR PERMANENT
APPROVAL OF EXISTING TRADING
HOURS FOR THE HILL STREET TAVERN
Zoning : 3(b) City Centre Business
Owner : Resplenda Pty. Ltd.


PRECIS OF REPORT

1. Development Application D.A. 480/95 for the conversion of the Hill Street Restaurant to a hotel licence, was approved in October 1995.

2. The Development Consent also set hours of the operation for hotel and limited the hours of operation to an approval period of 12 months to be reviewed annually upon receipt of a request from the applicant.

3. In November 1996, the Solicitors representing the hotel licensee formally applied to Council to continue the approved trading hours and requested Council waive the requirements for trading hours to be reviewed on an annual basis.

4. It is recommended approval for the hotel's existing trading hours be extended for a further 12 months.

Background

In 1995, Council considered a Development Application from the licensee of the Hill Street Restaurant to convert it's licence to a hotel licence. Council approved the application subject to conditions including a 12 month limitation on the hours of operation requested, being 10.00am to 2.00am Monday to Saturday and 10.00 to 10.00pm Sunday. Should the applicant wish to continue the approval hours, it would be necessary for a further application to be submitted to Council prior to the expiry of the 12 month approval period.

In November 1996, Solicitors acting on behalf of the licensee formally applied to Council to continue the approved trading hours. In addition, it was requested that Council waive the requirements for trading hours to be reviewed on an annual basis.

Police Comments

In response to the applicant's request, the comments of the Hurstville Police were sought, in particular with regard to the continuation and permanent approval of trading hours to 2.00am on six days of the week. The reply from the Hurstville Patrol Commander, Chief Inspector May, is reproduced in full for Council's information:

"As requested in your correspondence dated 11 December 1996, the following information is forwarded to assist in your review of the trading hours of the abovementioned establishment.

The subject premises were previously the subject of an On-Licence (Restaurant). In August 1996, a Hotelier's Licence was transferred to the premises. The premises were continuously breached by police in 1995 and 1996 and on 11 March 1996, the Licensee at that time had his licence suspended by the Sydney Licensing Court for a period of 12 months. The breaches causing the suspension were related to On-Licence (Restaurant) Offences.

The premises re-opened as a Hotel in August 1996 under a new Licensee. Since that time, six events (four assaults, one brawl and one assault police and resist arrest) have been recorded in and outside the premises. Although this is not a significant number of events, the premises has only been re-opened for a short period of time.

The 2.00am licence is not being exercised to full capacity at this time. An extension of trading hours can drastically increase the number of problems for Police and members of the community.

I recommend that the trading hours of the Hill Street Tavern continue to be reviewed on a 12 monthly basis by Council."

Planning Comments

Council needs to consider two issues with respect to this application, the first concerning the trading hours of the establishment, and the second regarding the length of time the approval should operate.

Council will recall that at it's meeting held on 26 February 1997, it considered a report on the Government's Review of Late Trading in NSW Licensed Premises and Registered Clubs. Council resolved to lodge a submission advising the Department of Gaming and Racing that trading hours for both hotels and registered clubs should be limited to a closing time of 1.00am. Arising from this resolution, Council therefore has the following options:

1. Approve the continuation of existing trading hours for either a 12 month or permanent period, or

2. Amend the existing trading hours by reducing or extending the closing time and approve the revised hours for a 12 month or permanent time period.

On the basis that the Government has yet to finalise it's review of late trading, and that present legislation permits up to 24 hour trading and taking into account the comments of the Police that the option of 2.00am closing is not always utilised by the hotel, it is recommended that Council make no changes to the hotel's existing trading hours at present.

Also, for the very reason that the outcome of the Government's review of late trading is as yet unknown, it is considered that the existing trading hours be approved for a period of 12 months only with the onus being on the applicant to apply for a further approval prior to expiry of the 12 month period.


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.03
DEVELOPMENT & HEALTH

HEADING: Recommendation 1A HILL STREET, HURSTVILLE (D.A. 480/95)
REQUEST FOR PERMANENT APPROVAL OF EXISTING TRADING HOURS FOR THE HILL STREET TAVERN
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 1A HILL STREET, HURSTVILLE (D.A. 480/95)
REQUEST FOR PERMANENT APPROVAL OF EXISTING TRADING HOURS FOR THE HILL STREET TAVERN
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council, as consent authority, grant a 12 month consent for the operating hours of the Hill Street Tavern, being 10.00 am to 2.00 am Monday to Saturday and 10.00 am to 10.00 pm Sunday and that this consent be subject to the applicant lodging any request for further extension, prior to the expiry of the 12 month period.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.04 SHOP 2, 183B FOREST ROAD, HURSTVILLE (D.A. 80/96)
REQUEST FOR PERMANENT APPROVAL OF TRADING HOURS TO 3.00 AM MONDAY TO SATURDAY
AND 1.00 AM SUNDAY FOR A PIZZA RESTAURANT
(Report by Manager, Development Services, Ms. G. Vereker.)




Applicant : Ralph Ciccia
Proposal : REQUEST FOR PERMANENT
APPROVAL OF TRADING HOURS
TO 3.00 AM MONDAY TO SATURDAY
AND 1.00 AM SUNDAY
Zoning : Zone No. 3(b) - City Centre Business
Owners : Yiu Kin Liu


PRECIS OF REPORT

1. The use of Shop 2, 183B Forest Road, Hurstville as a Pizza Restaurant was originally given approval under DA 130/84 on 24 April, 1984.

2. The original consent limited hours of operation to 12.00 midnight Monday to Friday and 1.00 am Saturday and Sunday.

3. In March, 1996 Development Application 80/96 was lodged requesting trading hours be extended to 3.00 am Monday to Saturday.

4. Council approved DA 80/96 in June 1996, but limited the approval for extended trading hours to a six (6) month period with the onus being placed on the applicant to request any extension of approval prior to the expiry of the six (6) months.

5. Solicitors on behalf of the lessee have lodged a request for trading hours to 3.00 am Monday to Saturday to be given approval on a permanent basis.

6. It is recommended that approval be given for a further period of twelve (12) months.


Background

Council would be well aware of the problems of rowdy and anti-social behaviour which have occurred on an on-going basis in the vicinity of the Roundabout Hotel. Shops 2 and 3, 183B Forest Road have been subject to similar problems and numerous complaints that close of trading hours for these businesses have not been adhered to, have been received from the Police and members of the community

Existing Trading Hours

Shop 2, 183B Forest Road was originally approved by Council in 1984 for use as a Pizza and Kebab Shop. Development Consent 130/94 issued on 24 April, 1984, approved the use, but restricted the trading hours of the shop to 5.00 pm. to 12.00 midnight Monday to Friday and 5.00 pm to 1.00 am Saturday and Sunday.

In March, 1994 the lessee of the Pizza Shop applied to Council for an extension of trading hours to 3.00 am on Monday, Wednesday, Thursday and Sunday and 5.00 am on Tuesday, Friday and Saturday. This application was refused by Council on 6 April, 1994 for the following reasons :

1. The extension of trading hours would exacerbate the congregation of persons in the immediate area which encourages loutish behaviour, and in some instances results in the damage of public and private property.

2. The continuation and increase of littering associated with the operations of the take-away Pizza business to the immediate area such as carpark areas and the local street system.

In March, 1996, the proprietor of the Pizza Shop submitted Development Application 80/96, being a further request for an extension to trading hours. The application proposed a closing time of 3.00 am from Monday to Saturday and 1.00 am on Sunday. Council considered this application at its meeting held on 7 June, 1996 and resolved to approve the requested hours of trading subject to the approval being limited to a six (6) month time period, with a requirement that the applicant apply to Council prior to the expiry of the six (6) month period should they wish to continue trading to 3.00 am.

It should be noted that in permitting a 3.00 am closing time Council took into account that this matched the approved hours of the adjoining shop, being Shop 3. Shop 3 had also applied to Council to have its approved trading hours extended to 5.00 am, however this application was refused by Council on 24 April, 1996.

Present Situation

Solicitors acting on behalf of the proprietor of Shop 2, the Pizza and Kebab shop, lodged a request in November, 1996 for Council to approve the 3.00 am closing time from Monday to Saturday and 1.00 am on Sunday on a permanent basis. Prior to presenting this request to Council for determination, an opinion was sought from the Police, with the following response being reproduced in full, for Council's information:

"Reference is made to your correspondence of 31 December 1996 seeking comments in relation to a Development Application seeking approval for an extension of trading to 3.00pm to 3.00am on Monday to Saturday and 5.00pm to 1.00am on Sunday.

The following information is supplied in answer to the issues raised in your correspondence.

(1) During an inspection of the Roundabout Hotel in 1995 the District Licensing Co-Ordinator indicated the abovementioned premises were operating far later than 3.00 am.

(2) At 3.30 am on Wednesday 8 January 1997 a fight broke out outside the Roundabout Hotel which resulted in approximately 300 persons gathering in and around the Hotel, in the Palm Court Carpark and at the shop located at 2/183B Forest Road. The problems for Police were exacerbated by the fact that the abovementioned shop and neighbouring shop at 3/183B Forest Road continued trading with large groups of persons gathering at these locations.

Both shops situated at 183B Forest Road operate according to the crowd at the Roundabout Hotel, often trading late on Wednesday, Saturday and Sunday mornings.

When intoxicated persons are denied entry to the Hotel late at night, it is common for these persons to gather in the Palm Court Carpark or in the premises 2 and 3, 183B Forest Road.

(3) It is my recommendation that both premises cease trading at 2.30 am and that the closing times be monitored by Council."

Taking into account the comments of the Police and the fact that anti-social behaviour does occur in the vicinity of the subject shop, it is clear that trading hours should be restricted and reviewed on an on-going basis. However, as the adjoining premises, Shop 3 has permanent approval to trade to 3.00 am on five (5) nights a week it would be difficult to restrict Shop 2 to an earlier closing time. It is therefore recommended that Council approve trading hours of 3.00 pm to 3.00 am Monday to Saturday and 5.00 pm to 1.00 am Sunday, but that this approval be given for a six (6) month period only, with those hours to be reviewed at the end of that period.

A legal opinion is being sought on action the Council can take to reduce the hours of operation approved by Council for the adjoining Shop 3, a Coffee Lounge - Take Away Food Shop.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.04
DEVELOPMENT & HEALTH

HEADING: Recommendation 183B FOREST ROAD, HURSTVILLE (D.A. 80/96)
REQUEST FOR PERMANENT APPROVAL OF TRADING HOURS TO 3.00 AM MONDAY TO SATURDAY
AND 1.00 AM SUNDAY
(Report by Manager, Development Services, Ms. G. Vereker.)


. Recommendation 183B FOREST ROAD, HURSTVILLE (D.A. 80/96)
REQUEST FOR PERMANENT APPROVAL OF TRADING HOURS TO 3.00 AM MONDAY TO SATURDAY
AND 1.00 AM SUNDAY
(Report by Manager, Development Services, Ms. G. Vereker.)



RECOMMENDATION


A. THAT Council as the consent authority grant a six (6) month consent for the operating hours of Shop 2, 183B Forest Road, Hurstville, being 3.00 pm to 3.00 am Monday to Saturday and 5.00 pm to 1.00 am Sunday and that this approval be subject to the applicant lodging any request for further extension prior to the expiry of the six (6) month period.

B. THAT legal action be taken in the event that Shops 2 or 3, 183 Forest Road, Hurstville trade beyond their approved hours.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.02.05 1/330 FOREST ROAD, HURSTVILLE (D.A. 389/96)
USE OF FIRST FLOOR COMMERCIAL PREMISES AS A BROTHEL
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : Maria Seal
Proposal : USE OF FIRST FLOOR COMMERCIAL
PREMISES AS A BROTHEL
Zoning : Zone No. 3(b) - City Centre Business
Owners : Kidmint Pty. Ltd.


PRECIS OF REPORT

1. In November, 1996, Council received a Development Application for the use of first floor commercial premises at 330 Forest Road, Hurstville for the purposes of a brothel.

2. The proposal has been assessed in accordance with S.90 of the Environmental Planning and Assessment Act.

3. The application was widely notified, with a total of 77 letters of objection and petitions containing a total of 286 signatures being received.

4. It is recommended that the Development Application be refused.


Site and Locality Description

The subject property is situated at 330 Forest Road, Hurstville, on the corner of Woodville Lane. The ground floor premises is occupied by a pharmacy with the first floor proposed to be utilised for the purpose of a brothel. The site is located within the midst of Hurstville commercial centre and is surrounded by a wide variety of retail and general commercial activities. Woodville Lane has a high level of pedestrian traffic, acting as a link between Forest Road and Barratt Street. The site is also in close proximity to the Hurstville Church of Christ, located in MacMahon Street and to Council's Civic Centre and Library.

Proposed Development

The application proposes the use of first floor premises as a brothel, with the first floor being accessed via a set of stairs onto Woodville Lane. The premises has 6 rooms and was previously used by a podiatrist. The applicant has advised it is intended to employ 4 staff and the business would operate from 10.00 am to 5.00 am 7 days a week.

Statutory Requirements

The subject site is zoned 3(b) City Centre Business under Hurstville LEP 1994, and in accordance with this Plan, the proposed development would be defined as a "business premises" which is permissible within the 3(b) zone. However, due to recent legislative changes, brothels are specifically defined development and Council's resolution of 26 February, 1997 concerning the Regulation of Brothels, will, if approved by the Minister, have the effect of making brothels a prohibited use throughout the City of Hurstville.

On the basis that brothels remain permissible uses at this time, the application has been assessed in accordance with Section 90 of the Environmental Planning and Assessment Act, and in particular the following Heads of Consideration are brought to Council's attention :

"(d) the social effect and the economic effect of that development in the locality."

It is anticipated that the operation of a brothel within the central commercial and business area of Hurstville will have a detrimental social and economic impact. While adjoining and adjacent business may be affected by reduced customer levels due to the presence of a brothel in close proximity, Council may consider the social impact of a brothel, taking into account its proximity to a major pedestrian thoroughfare to be of greater concern.

"(h) the relationship of that development to development on adjoining land or on other land in the locality."

Similarly Council may rightly consider that a brothel is not an appropriate use for its CBD, nor is it compatible with adjacent business activities such as a pharmacy and newsagent, which cater to all age groups within the community.

"(i) ........ whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles within that development or on that land."

No parking is available on the site and no provision has been made by the applicant for parking in conjunction with the proposed development.

"(j) the amount of traffic likely to be generated by the development particularly in relation to the capacity of the road system on the locality and the probable effect of that traffic on the movement of traffic on that road system."

Dependent upon the number and frequency of customers accessing the brothel, the development will impact on traffic levels within an area that is already subject to traffic congestion. However the degree of this impact is impossible to forecast due to the minimal information submitted by the applicant.

"(o) the existing and likely future amenity of the neighbourhood."

As previously stated it is anticipated that the proposed development will have an adverse impact on the amenity of surrounding businesses and the general community which accesses these businesses on a continuing and routine basis.

"(p) any submission made under Section 87."

The Development Application was notified for an extended period from 24 December, 1996 to 24 January, 1997. A total of 77 letters of objection were received together with 5 petitions containing 286 signatures. Reasons for objection can basically be summarised as follows :

* concern regarding potential physical danger;

* moral concerns expressed by local churches and individual members of the community;

* potential impact on the existing "safe" "family" atmosphere of Hurstville;

* detrimental impact on values set by Hurstville churches and community;

* inappropriate location adjacent to a busy pedestrian laneway.

"(r) the public interest."

Council needs to consider whether it is in the public interest to permit a brothel within the centre of Hurstville's major commercial area. The number of submissions received in response to notification of the application would appear to suggest otherwise.

Conclusion

It is clear that substantial public opposition exists to the proposed development and that an assessment of the application in accordance with the Heads of Consideration under Section 90 leads to a determination that the proposal is not appropriate in its intended location. Moral and social amenity concerns aside, it appears likely that approval of the application may adversely impact on the viability of adjacent businesses and questions regarding the parking and traffic impact of the proposal cannot be satisfied due to inadequate information.



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .02.05
DEVELOPMENT & HEALTH

HEADING: Recommendation 1/330 FOREST ROAD, HURSTVILLE (D.A. 389/96)
USE OF FIRST FLOOR COMMERCIAL PREMISES AS A BROTHEL
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 1/330 FOREST ROAD, HURSTVILLE (D.A. 389/96)
USE OF FIRST FLOOR COMMERCIAL PREMISES AS A BROTHEL
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council as the consent authority refuse Development Application 389/96 for the use of 1/330 Forest Road, Hurstville as a brothel for the following reasons :

1. The possible adverse social and economic effect on development in the locality.

2. The inappropriate relationship of the proposed development to development on adjoining land.

3. The proposal is inadequate in terms of on-site parking and lacks information on traffic impact.

4. The proposal is considered to be likely to have an adverse impact on the amenity of the neighbourhood in the future.

5. There has been significant public interest in brothels and like premises in Hurstville resulting in an overwhelming number of submissions, requesting applications be rejected.

6. The circumstances of the case and the public interest.



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04 DEVELOPMENT APPLICATIONS - PEAKHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.01 268A BELMORE ROAD, RIVERWOOD (D.A. 489/94)
REQUEST FOR FURTHER 12 MONTH CONSENT TO EXISTING THERAPEUTIC MASSAGE SERVICE
(Report by Manager, Development Services, Ms. G. Vereker)



HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 268A BELMORE ROAD, RIVERWOOD (D.A. 489/94)
REQUEST FOR FURTHER 12 MONTH CONSENT TO EXISTING THERAPEUTIC MASSAGE SERVICE
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 268A BELMORE ROAD, RIVERWOOD (D.A. 489/94)
REQUEST FOR FURTHER 12 MONTH CONSENT TO EXISTING THERAPEUTIC MASSAGE SERVICE
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council, as the consent authority, refuse the request for a twelve (12) month extension to Development Consent DA 489/94 and refuse development consent for the use of premises at 268A Belmore Road, Riverwood as a Therapeutic Massage Service for the following reasons :

1. The proposal is inadequate in terms of on-site parking.

2. The proposal is considered to be likely to have an adverse impact on the amenity of the neighbourhood in the future.

3. There has been significant public interest in brothels and like premises in Hurstville resulting in an overwhelming number of submissions, requesting applications be rejected.

4. The circumstances of the case and the public interest.

5. The proposed use varies from the publicised use.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.02 705 FOREST ROAD, PEAKHURST (D.A. 143/91)
REQUEST FOR PERMANENT APPROVAL OF EXISTING TRADING HOURS FOR THE PEAKHURST INN
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : Peakhurst Inn Pty. Ltd.
Proposal : REQUEST FOR PERMANENT
APPROVAL OF EXISTING TRADING
HOURS FOR THE PEAKHURST INN
Zoning : Zone No. 3(a) - General Business
Owners : Peakhurst Inn Pty. Ltd.


PRECIS OF REPORT

1. Council issued an amended Development Consent 143/91 in November 1993 which approved 24 hour trading hours, six (6) days a week within the Saloon Bar of the Peakhurst Inn.

2. The consent given in respect to trading hours was valid for twelve (12) months and has been renewed by Council each year for a further twelve (12) month period, following a request from the applicant.

3. Solicitors acting on behalf of the licensee have now requested Council give permanent approval to the existing Saloon Bar trading hours, being 5.00 am to 5.00 am Monday to Saturday and 5.00 am to 12.00 midnight Sunday.

4. It is recommended that approval for the existing Saloon Bar trading hours be given for a further twelve (12) months.


Background

In November, 1993 Council issued an amended Development Consent for the Peakhurst Inn which established trading hours for the Saloon Bar, Lounge and Club Bar. While Council approved permanent trading hours for the Lounge and Club Bar, generally to 3.00 am, the 24 hour operation requested for the Saloon Bar was given a twelve (12) month period, and the applicant would need to re-apply to Council if there was a desire to continue 24 hour trading. Since that original approval, the applicant has re-applied to Council on an annual basis and Council has issued a further twelve (12) month approval in response to each request.

In August, 1996 Solicitors representing the licensee requested Council give permanent approval to the existing Saloon bar trading hours.

The applicant has provided the following information in support of their request for permanent approval :

"On behalf of the owner, we hereby apply for approval to trade in the Saloon Bar between the hours of 5.00 am and 5.00 am the following day Monday to Saturday, and from 5.00 am to 12.00 midnight Sunday (without restriction to a specific period), and in making this application we note :

1. On 30 September 1991 the hotel was granted Council approval to trade until 3.00 am in the Lounge and Club Bar, and in November 1993 was granted approval to trade from 5.00 am until 5.00 am the following day in the Saloon Bar.

2. The hotel has been late trading for almost five (5) years without causing any undue noise or disturbance and without any adverse effect on the amenity of the neighbourhood.

3. When open late, the hotel employs an adequate number of security guards to ensure there is no noise or disturbance and, in particular, to ensure departing patrons do not cause noise or disturbance and disperse quickly and quietly.

4. No entertainment is provided in the Saloon Bar after midnight. The only entertainment in the hotel after that hour is disco entertainment in the Lounge and Club Bar.

5. The conditions attached to the current consent are, and will continue to be, strictly observed.

We submit that having regard to the hotel's good record, approval for late trading in the Saloon Bar should be granted without limitation as to duration. There is no good reason why the hotel should be put to the cost of applying for annual extensions, and nor should it be subject to continuing uncertainty as to its trading hours. We submit approval should be granted by the Council and that Council has no grounds for limiting approval either for a term of one year or for any other limited period. On the facts before Council the application should be granted without limitation as to time. In the circumstances, and having regard to the hotel's record over the past five (5) years, any limitation of approval to a period of one (1) year would be oppressive and unfair."

Police Comments

In response to the applicant's submission the comments of the Riverwood Police were sought, in particular with regard to the possible permanent approval of 24 trading for the Saloon Bar. The reply from the Riverwood Patrol Commander, Inspector Price, was received in March and is reproduced in full for Council's information :

"Inquiries have now been completed in this matter. I advise that numerous written complaints have been received in relation to Malicious Damage and Noise complaints from residents around the premises of Peakhurst Inn.

The written complaints constitute a complaint under Section 104 of the Liquor Act (Quiet and good order of Neighbourhood). Most of the complaints related to noise and damage being caused between the hours of 1am and 5.30am on Saturday and Sunday mornings.

It is the Police Service Policy to endeavour to rectify the problems with the Licensee of the premises prior to any court action being taken. If the matter can not be suitably solved then the matter will be referred to the Licensing Court.

In an attempt to solve the problems being experienced by residents of the area two new initiatives have been implemented this includes extended patrols by security staff on foot between the hours of 12mn and 3am and mobile patrols between the hours of 3am and 5.30am. A much larger area is now being patrolled by the hotel security staff.

The initiatives implemented are on a trial basis of 1 month after which stage the matter will be re-assessed. If successful the extended foot and mobile patrols will remain in place.

Residents in the area are presently being notified of the new patrols and they are being requested to direct any further complaints to myself.

As the number of incidents recorded have increased in recent times I would ask that your Council not grant the approval as requested in the attached application by the Peakhurst Inn."

Planning Comments

Council needs to consider two issues with respect to this application, the first concerning the trading hours of the Saloon Bar and the second regarding the length of time the approval should operate. Council should take into account its resolution of 26 February, 1997 regarding the Government's Review of Late Trading in NSW Licensed Premises and Registered Clubs, wherein Council resolved to lodge a submission that trading hours should be restricted to a closing time of 1.00 am. The Department of Gaming and Racing Review has yet to be finalised, however, and present legislation continues to permit 24 hour trading.

On the basis that the outcome of the Review is unknown and that the Police are trialling new initiatives it is considered that Council should refust this request and support a continuation of the existing situation, i.e., that the Saloon Bar be permitted to trade 24 hours, six (6) days a week, but that this approval be again limited to a period of twelve (12) months. In addition, the continuation of the twelve (12) month limit on the approval takes into account the concerns raised by the Police and the need therefore to continually review the hotel's performance.

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.02
DEVELOPMENT & HEALTH

HEADING: Recommendation 705 FOREST ROAD, PEAKHURST (D.A. 143/91)
REQUEST FOR PERMANENT APPROVAL OF EXISTING TRADING HOURS FOR THE PEAKHURST INN
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 705 FOREST ROAD, PEAKHURST (D.A. 143/91)
REQUEST FOR PERMANENT APPROVAL OF EXISTING TRADING HOURS FOR THE PEAKHURST INN
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council as the consent authority refuse the request for permanent operating hours and grant a twelve (12) month consent for the operating hours of the Peakhurst Inn Saloon Bar, being 5.00 am to 5.00 am Monday to Saturday and 5.00 am to 12.00 midnight Sunday and that this consent be subject to the applicant lodging any request for further extension, prior to the expiry of the twelve (12) month period.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.03 81 WOODLANDS AVENUE, LUGARNO (D.A. 49/95)
SECTION 102 MODIFICATION
(Report by Town Planner, Mr. N. Harrison)




Applicant : Oceanview Group Holdings Pty. Ltd.
Proposal : SECTION 102 MODIFICATION
TO DEVELOPMENT APPLICATION
NO. 49/95
Zoning : Zone No. 2 - Residential
Interim Residential
Development Code
July 1995 as amended : Development Area "A"
Owners : Mr. D. Court
Existing Development : Brick Building
Cost of Development : $3.8 million

PRECIS OF REPORT

1. Multiple dwellings consisting of 30 dwellings.

2. Section 102 Modification to DA 49/95

3. Reduction of building mass, increase in building setbacks, increase in building height.

4. Re-notified original objectors to DA 49/95.

5. Five (5) submissions received.

6. Additional information provided by the applicant with minor height amendments.

7. Recommendation - Approval.


Council at its Meeting of 13 December, 1995 considered a lengthy report on the application to establish 30 new dwellings at No. 81 Woodlands Avenue, Lugarno. Council resolved to grant a "Deferred Commencement" consent for the proposal subject to satisfying eight (8) issues.

As a result of the above, Council at its Meeting held on 15 May, 1996 further considered the application following minor amendments to the original application and "Deferred Commencement" consent. These amendments were adopted by Council at this meeting and consent was issued for the proposed development.

The application before Council by way of this Section 102 Amendment seeks favourable consideration to vary the above development consent by maintaining the same number of dwellings whilst reducing the number of buildings. Building height increases to the lower level buildings on the site as a result of reducing the setbacks.

Existing and Surrounding Development

The subject site is currently vacant land, apart from the original brick, split level dwelling which is vacant and past its economic life. The land is densely covered with vegetation with various species and appears to have been untouched for many years. There is evidence of some burning of the site caused by either back burning or bushfires.

The said land is on the south-eastern end of the Lugarno peninsula to the Georges River leading to both Lime Kiln Bay and Jew Fish Bay.

The surrounding area is one that generally represents medium to large single dwelling character, with a variety of building forms.

Woodlands Avenue is classified as a local road and gives access to a significant number of residents.

The general topography of the area on the southern alignment of Woodlands Avenue is a gentle grade from the road alignment extending to a steep consistent fall to the Mean High Water Mark. The northern side of Woodlands Avenue slopes gradually to the north-east towards Lime Kiln Bay.

History

The development application was formally lodged with Council on 15 February, 1995 after a number of consultations with both officers and Councillors to discuss the various concepts and possible impacts on the subject site and adjoining residents.

* The first concept was advertised between 28 March and 19 April, 1995 in the local newspaper as well as by notification of surrounding residents.

* The applicant was requested in writing on 27 April, 1995 to supply further information concerning the proposal.

* Amended plans were received and further notification took place between 25 July and 15 August, 1995.

* Further information was requested from the applicant to clarify a number of issues on 27 August, 1995.

* Re-notification of plans and information which addressed concerns of Council took place between 26 September and 17 October, 1995

* On-site meeting with Council officers, applicant, owner and Councillors took place on 9 November, 1995.

* "Deferred Commencement" consent was approved by Council on 13 December, 1995.

* Minor amendments to the original application No. 49/95 was adopted by Council at its meeting held on 15 May, 1996 and formal consent was issued.

* A meeting was held at Council on Wednesday 27 November, 1996 between the applicant, Peakhurst Ward Councillors and Council Officers. Section 102 Modifications subject to this application were discussed.

* Re-notification to affected property owners and original objectors to Development Application 49/95, outlining Section 102 Modifications sought, was carried out from 18 February to 4 March.

* Minor amendments to roof design provided by the applicant after concerns were raised by Council's planning officers over adaptability of storage areas to bedroom use. Amendment also decreases the overall height of the proposed buildings.

Current Section 102 Modification

The changes involve the reduction in the number of building blocks along the cliff edge from 5 (D, E, F, G, and H) to 3 (D, E, and F), whilst still maintaining the same number of dwellings previously approved. The modifications sought are as follows :

i) Increase the building setback from the boundaries, (Building D is proposed to be set back 22.0 metres from the northern boundary of the site). The previously approved setback was 10.0 metres.

ii) Building F has now been set back 11.0 metres from the western boundary of the site. The previously approved setback was 2.0 metres.

iii) The retention of existing trees within this zone outlined above is to significantly improve the privacy issue between the development and the immediate neighbours.

iv) The overall height of the new buildings D, E, and F will be slightly higher than previously approved.

v) The combined building footprint of the new buildings is less than the one previously approved by Council but the heights have extended in excess of Council's limites.

Assessment of Modification

The increase in building setbacks from the previous approval will increase privacy between adjoining properties on the northern and western boundaries of the site. Further, a number of native and established vegetation species will be able to be retained. Previous reports on this application outlined Council's views to preserve as much of the natural setting as possible, to which the applicant, future occupants and adjoining residents alike will benefit by having increased natural landscaping.

The overall height increases are considered to be an acceptable variation to Council's 9.0 metre height limit. The variations sought increase the overall height of the three (3) new buildings from the 9.0 metre height limit by varying distances, from 0.5 metres to 4.0 metres, to a maximum of approximately 13.5 metres at the highest point. This area of increase is only varied for a roof storage area and not for the entire building mass. The overall development for these three new dwellings is still located well below adjoining residential properties. The main concern associated with this variation sought is the resultant view from the Georges River and foreshore area across the river. It is considered however that the elevations submitted reflect a more acceptable design than the previously approved elevation and that the overall impact of the development can be conditioned with building materials and colours that are sympathetic to the natural bushland setting of the site.

The combined building footprints excluding deck areas are indicated as follows :

Previous footprint (approved)

Building D = 308.55 m2
E = 228.96 m2
F = 228.96 m2
G = 228.96 m2
H = 237.13 m2
TOTAL 1232.56 m2

Proposed footprint (Section 102 Modification)

Building D = 381.46 m2
E = 381.46 m2
F = 381.46 m2
TOTAL 1144.38 m2


The difference in footprint therefore is approximately 90.0 m2 in area. This reduction in area will therefore allow for an improved area for the retention of natural bushland and an increase in privacy between the proposed dwellings and adjoining properties.

Public Notification

Previous objectors to Development Application 49/95 were notified by letter of the amended proposal and given fourteen (14) days in which to make comments on the proposal. Five (5) submissions were registered and their concerns are outlined below :

i) Access on Street, parking, narrow roads, accidents, inadequate bus services, bushfire danger for new development.

Comment : These issues have previously been assessed and are not considered to be a planning issue related to the subject 102 Amendment.

ii) The submitted plans are an improvement on the original application. There are too many families jammed into the area.

Comment : Submission supports the current modifications. Density issues have been pre-determined for this area by Council under the Interim Residential Development Code 1995.

iii) Privacy to 79A Woodlands Avenue is compromised in addition to solar access and dwellings are not to be located within 2.0 metres of any boundary.

Comment : The buildings indicated in this objection are not intended to be altered by way of this amendment and therefore do not require assessment under this application.

iv) Ensure Building B is located below the natural ground level so as to protect views, privacy and solar access.

Comment : Building B has previously been assessed under Development Application 49/95 and therefore is not subject to this amended application. There is an existing condition requiring a 2.0 metre setback for Building B.

v) Dilapidation reports to be offered by the applicant for the adjoining property owners.

Comment : This has been required by a condition on the current consent.

vi) Legal action to be taken if the previous conditions to Development Application 49/95 are altered.

Comment : The current application is an amendment to Development Application 49/95 and any changes to the conditions of this application are valid under Section 102 of the Environmental Planning and Assessment Act 1979 and its regulations.

vii) Privacy and view issues due to the bulk and height of the buildings and windows on the easterly aspect of the development.

Comment : The proposed changes have been assessed under Section 90 of the Environmental Planning and Assessment Act 1979 and its Regulations and are considered acceptable. The distance between the new proposal and the subject site is approximately 30.0 metres with established vegetation in between. It is considered to have less impact than the previous consent approved on this site on privacy and views.

viii) Noise from vehicle movements, turning circle area and car headlights.

Comment : The amendments are considered to have less of an impact than the previous approval particularly with the retention of additional bushland areas between the development and adjoining properties through increased setbacks.

ix) Three larger units gives the appearance of a block of units. Three large buildings concentrated together would impact less than five smaller spaced out ones is no more valid than to say that one huge building would impact less.

Comment : The above is one individual's opinion only. It is considered, however, that one huge building would impact significantly on this sensitive area. The proposed amendments are not considered to be in the form of a large single development but a good balance between building mass and building height within a sensitive area in order to retain significant bushland areas through increased setbacks.

x) Levels of entrance roadway and footpath are considered to be excessive with impacts on 83 Woodlands Avenue.

Comment : The applicant has agreed to screen plant vegetation to minimise potential impacts to this dwelling and is covered by an existing condition on the consent.

xi) Colour schemes of roofs and the development needs to be sympathetic to natural bushland.

Comment : The existing consent is conditioned to cover colour and texture of building materials.

xii) The amended buildings are an increase in height of approximately 4.0 metres on the previous approval.

Comment : The amended proposal has been amended by the applicant to reflect a design which varies the building envelope from between 0.5 metres to 4.0 metres. This area has been designed as a storage area by the applicant because based on his experience designated garages are utilised by residents for storage and visitor parking spaces are used in many cases by residents as not enough storage is provided within the units. This generally is a Strata Title and body corporate issue however it does raise the question as to whether this area can be accommodated elsewhere within the buildings and therefore not encroach upon the 9.0 metre height limit for the site.

Summary

After considering all of the issues submitted by residents, the nature of the amendments, the previous development report and the general amenity of the locality, it is considered that the proposal is a satisfactory amendment to the original proposal in Development Application 49/95. On this basis the amendment is considered reasonable and approval is recommended.




HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.03
DEVELOPMENT & HEALTH

HEADING: Recommendation 81 WOODLANDS AVENUE, LUGARNO (D.A. 49/95)
SECTION 102 MODIFICATION
(Report by Town Planner, Mr. N. Harrison)


. Recommendation 81 WOODLANDS AVENUE, LUGARNO (D.A. 49/95)
SECTION 102 MODIFICATION
(Report by Town Planner, Mr. N. Harrison)



RECOMMENDATION


THAT Council as the consent authority grant development consent for a Section 102 Modification to Development Application 49/95, prepared by Oceanview Group Holdings Pty. Ltd for 30 dwelling units at 81 Woodlands Avenue, Lugarno subject to the following conditions :

1. Compliance generally with amended plans submitted with the Section 102 Modification dated December, 1996 and received by Council on 22 January, 1997 and varied on 25 March, 1997, Job No. 850 prepared by Oceanview Group Holdings and the conditions of consent for Development Application 49/95 issued on 13 December, 1995 and amended on 15 May, 1996.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.04 329 BELMORE ROAD, RIVERWOOD (D.A. 453/96)
USE OF FIRST FLOOR PREMISES AS A SWINGERS CLUB
(Report by Manager, Development Services, Ms. G. Vereker)




Applicant : Ms. J. Gilks
Proposal : USE OF FIRST FLOOR PREMISES
AS A SWINGERS CLUB
Zoning : Zone No. 3(a) - General Business
Owners : Mr. M. K. Haik



PRECIS OF REPORT

1. In August, 1996 Council received a complaint that a brothel was operating in a first floor premises at 329 Belmore Road, Riverwood.

2. In response to Council's investigations, a Development Application for the use of the premises as a "swingers club" was lodged on 27 December, 1996. (Originally identified as "Swingers CLub/Brothel" but "brothel" deleted from the application).

3. The Development Application has been assessed in accordance with Section 90 of the Environmental Planning and Assessment Act.

4. The application was widely notified, with a total of 101 letters of objection being received together with petitions containing 179 signatures. Five (5) letters of support and a petition with 101 signatures supporting the development were also received.

5. It is recommended that the application be refused.


Site and Locality Description

The subject property is situated at 329 Belmore Road, Riverwood. It is proposed to use the first floor premises to operate a swingers club. The property is located within the Riverwood General Business zone and is surrounded by a mixture of retail and commercial development. Rear access to the property is available to Price Lane which adjoins an existing Council carpark.

Proposed Development

Plans submitted by the applicant indicate the first floor consists of four (4) rooms including a bathroom. The ground floor consists of living room and kitchen facilities. The applicant has advised the business will have two (2) employees in addition to the Manager (who is the applicant) and will operate seven (7) days a week from 10.00 am to 10.00 pm. It is anticipated that a maximum of ten (10) clients would be at the premises at any one time.

With respect to the activities which will occur on the premises and the details of how the business would operate, the information provided by the applicant has been somewhat confusing. The initial application lodged by the applicant stated the use would be a brothel and swingers club. However, in early January, 1997 the applicant amended the application to a swingers club only. Two separate Statements of Environmental Effects were submitted with the Development Application, one proposing the continuation of a brothel on the premises, and the other applying to operate a swingers club as a home occupation. Some difficulties have arisen in undertaking an accurate assessment of the proposal, due to this confusion.

Statutory Requirements

The subject site is zoned 3(a) General Business under Hurstville Local Environmental Plan 1994, and in accordance with this plan, both a brothel and a swingers club are presently permissible uses with Council consent. Home activity is also a use which is permissible in the 3(a) zone, however, it is considered unlikely that any of the activities proposed on the site would comply with the definition of home activity as outlined in the LEP.

Council's resolution of 26 February, 1997 relating to the regulation of brothels will, if approved by the Minister, have the effect of prohibiting brothels throughout the City of Hurstville. The impact this prohibition would have on associated activities such as swingers clubs is as yet unknown. On the basis that both of these uses are presently permissible, the application has been assessed in accordance with Section 90 of the Environmental Planning and Assessment Act. In particularly, the following Heads of Consideration are brought to Council's attention :

"(d) the social effect and the economic effect of that development in the locality."

It could be expected that the operation of a swingers club within the main business and commercial area of Riverwood may lead to certain adverse social and commercial impacts. Adjoining and adjacent businesses may be effected to the extent of reduced customer levels and in the long term the viability of businesses in close proximity to the subject development may be affected. The social impact of the development may be that levels of passing pedestrian traffic may be reduced, thus creating an economic impact for local retail and commercial uses.

"(h) the relationship of that development to development on adjoining land or on other land in the locality."

Taking into account that the applicant proposes to operate from 10.00 am daily, Council may consider the proposed use to be incompatible with adjoining development, which also operates during the day.

"(i) ......... whether adequate provision has been made for the loading, unloading, manoeuvring and parking of vehicles within that development or on that land."

No parking is available on the subject site, however the applicant has indicated that parking is available in the adjacent Council carpark which would be utilised by customers/clients where necessary.

"(j) the amount of traffic likely to be generated by the development, particularly in relation to the capacity of the road system on the locality and the probable effect of that traffic on the movement of traffic on that road system."

Dependent upon the number and frequency of customers accessing the swingers club, the development may impact to some degree on traffic levels within an area that is presently subject to some congestion. Due to the proposed hours of operation of the swingers club, this traffic would be spread throughout the day however, and therefore the impact would be minimised.

"(o) the existing and likely future amenity of the neighbourhood."

The proposed development may have an adverse impact on the amenity of surrounding businesses, particularly due to the fact that it is intended to operate during the day when most retail and commercial business takes place.

"(p) any submission make under Section 87."

The Development Application was notified for 21 days from 11 February to 4 March, 1997. A total of 101 letters of objection were received together with one petition containing 179 signatures in opposition to the proposal. Council also received five (5) letters of support for the proposal and one (1) petition containing 101 signatures in support.

Reasons for objection can basically be summarised as follows :

1) Proximity to public places and well utilised community facilities.

2) Potential physical danger, i.e., crime, assault, etc.

3) Increase in traffic.

4) Increased noise, particularly at night.

5) Erosion of moral and spiritual values.

6) Loss of Riverwood's reputation as a safe suburb and family shopping place.

7) Economic impact on local businesses.

8) Potential to attract "undesirable" characters to the area.

Reasons for support were listed as follows :

1) Entrance is located in Price Lane, not Belmore Road, thus no impact on the main street.

2) No obvious advertising is proposed.

3) It would be better to approve this development and thus permit this activity under the control of Council rather than forcing it onto residential streets where there are no controls.

4) Commercial zone is much preferred to a residential area.

"(r) the public interest."

Council needs to consider whether it is in the public interest to permit a swingers club within the Riverwood business zone. The number of submissions both for and against the proposal would appear to indicate some division in the community, regarding the attitude to the development.

Conclusion

Despite the letters of support received, it would appear that the majority of the Riverwood community oppose the operation of a swingers club at 329 Belmore Road. In addition, an assessment of the proposal under Section 90 of the Environmental Planning and Assessment Act raises several questions as to whether the proposed use is appropriate in the subject location. Setting aside moral concerns, Council may question the impact the development may have on the viability of adjacent businesses and whether such an impact is acceptable in a business zone. Questions also remain regarding whether the development comprises a swingers club, a brothel, or both.





HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.04
DEVELOPMENT & HEALTH

HEADING: Recommendation 329 BELMORE ROAD, RIVERWOOD (D.A. 453/96)
USE OF FIRST FLOOR PREMISES AS A SWINGERS CLUB
(Report by Manager, Development Services, Ms. G. Vereker)


. Recommendation 329 BELMORE ROAD, RIVERWOOD (D.A. 453/96)
USE OF FIRST FLOOR PREMISES AS A SWINGERS CLUB
(Report by Manager, Development Services, Ms. G. Vereker)



RECOMMENDATION


THAT Council as the consent authority, refuse Development Application 453/96 for the use of 329A Belmore Road, Riverwood as a swingers club for the following reasons :

1. The possible adverse social and economic effect on development in the locality.

2. The inappropriate relationship of the proposed development to development on adjoining land.

3. The proposal is inadequate in terms of on-site parking and lacks information on traffic impact.

4. The proposal is considered to be likely to have an adverse impact on the amenity of the neighbourhood in the future.

5. There has been significant public interest in brothels and like premises in Hurstville resulting in an overwhelming number of submissions, requesting applications be rejected.

6. The circumstances of the case and the public interest.



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


05.04.05 60 ISAAC STREET, PEAKHURST (D.A. 90/96)
CANTEEN AND STORAGE ROOM




Applicant : Hurstville City Council
Proposal : CANTEEN AND STORAGE ROOM
Zoning : Zone No. 6(a) - Open Space
Owners : Hurstville City Council
Existing Development : Gannons Park
Cost of Development : $24,500

PRECIS OF REPORT

1. Canteen and storage room for a soccer club.

2. Located near the corner of Isaac Street and Pindari Road.

3. One letter and one petition in objection to the proposal were received.

4. Amended plans received requiring renotification of the application.

5. One (1) further petition received in objection.

6. Meeting arranged for petitioners, applicant and Councillors.

7. Recommendation - approval.


Council at its meeting held on 26 June, 1996 considered this application and resolved :

"THAT the application be deferred for an inspection and report by the Peakhurst Ward Councillors and the appropriate officers."

Arising from this decision representatives of the Forest Rangers Soccer Club met with Council Officers and Councillors Sansom and Smith on 15 August, 1996 and agreed to lodge amended plans for the proposed canteen.

Amended plans were received in November, 1996 and were renotified to residents opposite in Pindari Road. A petition signed by twenty-two (22) residents representing twelve (12) properties in Pindari Road was received in objection to the proposed building on the amended plan. This petition stated as follows :

"We, the residents of the houses in Pindari Road, Peakhurst facing the area of the proposed building of a Canteen/Store/Toilet in Gannons park strongly object to this proposal.

Already there is a Canteen/Dressing Rooms/Toilets/Store Room about a 150 metres on the opposite side of the park, the positioning of this building was discussed in detail at several Council Meetings in which residents and sporting clubs were permitted to speak. It was decided then to build away from the houses for many reasons which should be in council meeting records. Safety to people using or passing by the park, possible gathering place for vandals, small buildings scattered around the park each being vandalised, ease of council maintenance, danger to the local school children who would pass by this point and would dangerously climb all over the building.

Gannons Park already attracts a large number of young hoods, who have attacked residents and recently your own ranger/gardener which has forced the Council to employ a Security Guard to regularly visit the area. The police are regularly called out at night to clear the park of "parties" and the damage to property in Pindari road is now the accepted norm. An additional convenient place to hide, shoot up and drink close to the street is illogical and unreasonable.

The park is at present well kept, damage to the trees and gardens are quickly repaired by the ranger/gardener. We, in Pindari Road, suffer in the football season from having our streets blocked with traffic, driveways partly blocked and rubbish, bottles, etc thrown in our gardens, letter boxes vandalised, water taps turned on, hoses cut, etc, so we feel we contribute to local sport enough without having to put up with another hazard.

The Soccer Club for many years have used a mobile canteen [the same as Evatt Park] which is moved after the games. All facilities including a canteen are already on the opposite side of the park, away from the houses and the street where a large number of school children pass on their way home. The park is the best in the district why add unneeded graffiteed buildings, for the park is for everyone, residents, young school children, old people walkers, bike riders, school sports, people crossing the park from Forest Road and not just a particular group who use it for a few hours a week for a few months a year and don't consider about those who live in the area.

Please refer to the minutes of the previous meetings when the building of Amenities Block now in operation was proposed. A lot of time was spent in research by Council, Council Officers and many others before the Council decided that buildings in the park should be located on the Forest Road side of the park for safety, appearance, maintenance and support from the residents. Considering all this we are surprised that such a proposal would be considered again."

It is noted that the existing mobile canteen is becoming unservicable and unhygienic. A purpose built canteen complying with Council's food premises construction standards is the preferred option for the sale of food to the public.

After further consideration of the plans a meeting was organised for Wednesday 26 March, 1997 and seven (7) of the residents who signed the petition were invited as well as the applicant, Ward Councillors and Council Officers. No residents appeared at the meeting and the amended plans were discussed by the Ward Councillors, Council Officers and club representatives and found satisfactory.

The amended plans are for a similar sized building but provides a pitched roof for better appearange and relocates the building further down the slope onto the park area. This relocation moves the structure slightly further away from Pindari Road and permits unobstructed viewing on all four sides of the building.

To reacquaint Councillors with the details of this matter the report to the previous meeting is reproduced below :


"Council at its Meeting held on 5 June, 1996, considered the application and resolved :

"THAT the application be deferred for an inspection and report by the Peakhurst Ward Councillors and the appropriate officers."

To reacquaint Members with the details the report is reproduced below :

Existing and Surrounding Development

The site is known as Gannons Park and is located on the corner of Isaac Street and Pindari Road, Peakhurst. Peakhurst High School is located north across Isaac Street and a bowling green is located west of the site.

The park itself has soccer fields and a bitumen carpark which has access off Pindari Road.

Section 90

The site has been inspected and the proposal examined in accordance with the provisions of Section 90 of the Environmental Planning and Assessment Act, 1979, and the following comments are submitted for consideration.

Statutory Requirements

The subject site is zoned No. 6(a) Open Space under the Hurstville Local Environmental Plan 1994, and the proposal is permissible within the zoning with Council consent.

Proposed Development

The proposal is to erect a canteen and storage room for the Forest Rangers Soccer Club. It will be located west of the existing bitumen carpark off Pindari Road and adjacent to the concrete path. This is between soccer fields 2 and 4.

Due to the slope of the land, it is proposed to excavate for the section located closest to the carpark. This in effect, will result in the structure being only 800mm above the existing level of the carpark at the closest point. The structure itself will be 6.4 x 8.0 metres and approximately 3.2 metres to the top of the roof at the highest point. It will be constructed of bricks with a concrete roof slab.

Landscaping is proposed in between the structure and the carpark to try to soften its appearance from the road. A pine log retaining wall will be used to match the existing. This landscaping will be for a width of approximately 1.8 metres between the carpark and the retaining wall.

Manager, Building Services

The application was referred to the appropriate inspector who raised no objections provided there is :

- submission of a building application
- compliance with Council's Food Premises Code
- connection to ghe sewer under the control of Sydney Water.

Public Notification and Comment

Adjoining residents were notified by letter and given fourteen (14) days in which to view the plans and submit any comments on the proposal. One (1) petition with eighteen (18) signatures (all Pindari Road residents) and one (1) letter (from a person who signed the petition) were registered and their concerns are outlined below :

i) A concrete structure does not fit in the area of trees and grass. It will be a target for glass bottles and graffiti.

Comment : The proposed structure is of brickwork with a concrete roof. Also, the structure will be excavated below the level of the carpark and it is proposed to provide landscaping in front of it. Both of these will aid in screening it from the road.

ii) "This structure would be just another place to congregate, to drink .... harass the public ....The store could be located on the other side of the park below the Catholic Church carpark and (the Forest Rangers) use a mobile canteen as they have been doing for the last five years." "A complex of this nature gives them cover to carry out their missile throwing and use of foul language."

Comment : The proposal is considered an improvement to the existing facilities available in the part and unfortunately those types of people will congregate regardless of whether this structure is there or not. It is believed that the provision of landscaping in front of the structure and also it being excavated will screen much of the noise anticipated to occur from the site."

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.05
DEVELOPMENT & HEALTH

HEADING: Recommendation 60 ISAAC STREET, PEAKHURST (D.A. 90/96)
CANTEEN AND STORAGE ROOM


. Recommendation 60 ISAAC STREET, PEAKHURST (D.A. 90/96)
CANTEEN AND STORAGE ROOM



RECOMMENDATION


THAT Council as the consent authority grant development consent for the establishment of a canteen and storage room in Gannons Park, Peakhurst, subject to the following conditions :

1. Compliance in all respects with drawings, plans and specifications, tables and documentation prepared by Hurstville City Council No P520V Sheets 1-4 dated 24 January, 1997 and submitted with DA 90/96, except where amended by the conditions of consent.

2. A Building Application being submitted to and approved by the Council in accordance with the requirements of the Local Government (Approvals) Regulation 1993, accompanied by detailed building plans, specifications, and the payment of relevant building application fees.

3. The canteen being constructed to comply with Council's Food Premises Code. Details to be submitted with the building application.

4. The premises be connected to a sewer under the control of Sydney Water.

5. Planting between the carpark and proposed structure shall be such as to provide a dense-foliaged plant screen of trees and shrubs over a broad height range to minimise the effect of the development upon adjoining development.

HURSTVILLE CITY COUNCIL
CIVIC CENTRE, MACMAHON STREET, HURSTVILLE.
__________________________________


SUMMARY OF ITEMS CONTAINED IN THE
DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION TWO' REPORT
TO THE MEETING OF THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 04 09TH APRIL, 1997-


06:01 Ward Councillors' Reports


06:02 Building Applications - Hurstville Ward


06:03 Building Applications - Penshurst Ward

06:03.01 1A & 1B Garden Grove, Beverly Hills - Request For Review Of Condition Of Approval - Ba 727/96 (Report By Manager - Building Services, Mr G Young)


06:04 Building Applications - Peakhurst Ward

06:04.01 98 Gungah Bay Road, Oatley - New Three Storey Dwelling (Report By Environmental Building Surveyor, Mr M Yeung)


06:05 Miscellaneous And Other Matters

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
SECTION 2


06.01 WARD COUNCILLORS' REPORTS


THERE ARE NO WARD COUNCILLORS' REPORTS IN RESPECT OF BUILDING APPLICATIONS FOR THIS MEETING.

HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.02 BUILDING APPLICATIONS - HURSTVILLE WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.03 BUILDING APPLICATIONS - PENSHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.03.01 1A & 1B GARDEN GROVE, BEVERLY HILLS - Request for Review of Condition of Approval - BA 727/96 (Report by Manager - Building Services, Mr G Young)


RECOMMENDATION

2. THAT the objectors be advised in writing of Council's
determination."

HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .03.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 1A & 1B GARDEN GROVE, BEVERLY HILLS - Request for Review of Condition of Approval - BA 727/96 (Report by Manager - Building Services, Mr G Young)

. Recommendation 1A & 1B GARDEN GROVE, BEVERLY HILLS - Request for Review of Condition of Approval - BA 727/96 (Report by Manager - Building Services, Mr G Young)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH


06.04 BUILDING APPLICATIONS - PEAKHURST WARD



HURSTVILLE CITY COUNCIL
REPORT ITEM NO: 06.04
DEVELOPMENT & HEALTH


06.04.01 98 GUNGAH BAY ROAD, OATLEY - New Three Storey Dwelling (Report by Environmental Building Surveyor, Mr M Yeung)


HURSTVILLE CITY COUNCIL
RECOMMENDATION NO: .04.01
DEVELOPMENT & HEALTH

HEADING: Recommendation 98 GUNGAH BAY ROAD, OATLEY - New Three Storey Dwelling (Report by Environmental Building Surveyor - Mr M Yeung)

. Recommendation 98 GUNGAH BAY ROAD, OATLEY - New Three Storey Dwelling (Report by Environmental Building Surveyor - Mr M Yeung)


RECOMMENDATION


HURSTVILLE CITY COUNCIL
REPORT ITEM NO: .
DEVELOPMENT & HEALTH
ADDENDUM TO DIVISIONAL MANAGER - DEVELOPMENT AND HEALTH - SECTION TWO
REPORT NO 01TO THE DEVELOPMENT, HEALTH AND PLANNING COMMITTEE
TO BE HELD ON 97 04 09TH APRIL, 1997-


The General Manager
Hustville City Council
The Civic Centre
HURSTVILLE

Dear Sir,

Hereunder is my Addendum to report No.01 to be submitted to the Development, Health and Planning Committee:-


06.04.02A LEGAL MATTER (SEE ITEM 05.01A - DIVISIONAL MANAGER'S REPORT NO. 2 TO DEVELOPMENT, HEALTH AND PLANNING COMMITTEE)


HURSTVILLE CITY COUNCIL
REPORT ITEM NO:
.

DEVELOPMENT & HEALTH


06.05 MISCELLANEOUS AND OTHER MATTERS