Robinson v Lithgow City Council

Case •

[2010] NSWLEC 1185

•

30 July 2010

No judgment structure available for this case.

Land and Environment Court


of New South Wales


CITATION: Robinson v Lithgow City Council [2010] NSWLEC 1185
PARTIES:

APPLICANT
David Robinson

RESPONDENT
Lithgow City Council
FILE NUMBER(S): 10033 of 2010
CORAM: Murrell C
KEY ISSUES: DEVELOPMENT APPLICATION :- Amusement centre, Suitability of site - isolation, lack of lighting, potential for increased crime, Public interest - adverse impact on the safety and amenity of adjoining properties.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Lithgow City Local Environmental Plan 1994
Greater Lithgow City Council - Off Street Parking Development Control
Greater Lithgow City Council - Outdoor Advertising Development Control Plan
CASES CITED: Zhang and Canterbury City Council [2001] NSWCA 167
DATES OF HEARING: 30 April 2010, further advice 7 May 2010
 
DATE OF JUDGMENT: 
30 July 2010
LEGAL REPRESENTATIVES:

APPLICANT
Mr M Fragar (Agent)

RESPONDENT
Mr S Griffiths (solicitor)
SOLICITOR
Pikes Lawyers

JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      Murrell C

      30 July 2010

      10033 of 2010 David Robinson v Lithgow City Council

      JUDGMENT

1 The applicant is seeking consent for an amusement centre in premises known as No. 1 Naomi Street Lithgow. The proposal is for 18 amusement machines to be installed in the premises. It is proposed that a CCTV security system and security lighting be installed.

2 The site is within the town centre of Lithgow and has both vehicle and pedestrian access from known Naomi Street, a side street off the Main Street within the central business district. At the rear of the site there is a large council car park that serves a supermarket (60 metres away) and other business premises, and the Police , about 50 metres across the Council carpark at the rear of the site Figure 1 provides photographs of the subject premises and Figure 2 is an aerial photograph that shows the location of the subject.

3 The land is Lot 1 DP 604850 and it has an area of some 830m2 with a frontage of about 30metres on the eastern side of Naomi Street.

4 The existing single storey brick building on the site contains a pet shop and was previously used as an office furniture showroom, and prior to this a garden centre.

5 The site is fully enclosed by walls and fencing and there is no change proposed to the external form of the building.

6 The amusement centre is proposed to have the following hours of operation:

      Winter: April-September
      School Term
              Monday to Friday: 11 am to 6.30pm

      Saturday: 9am to 7.30pm
      School Holidays:
      Monday to Friday: 9am to 6.30pm
      Saturday: 9am to 7.30pm

      Summer October – March
      School Term
          Monday to Friday: 11 am to 8pm
      Saturday: 9am to 8pm
      School Holidays
          Monday to Friday: 9am to 8pm

      Saturday: 9am to 8pm

      Sunday/Public Holidays: Closed

      CONTENTIONS

7 The respondent Council provided a Statement of Contentions as follows:

        1. The applicant is not the appellant as required under the current planning assessment act 1979. This matter was addressed to allow the hearing to proceed.
        2. The site is unsuitable for the development as it is in an area where the potential for criminal activity is high. The proposed development does not integrate well with the public domain because of its segregated entry point and exclusionary nature. It is more suited to a main street location where greater public surveillance would be available.
              Particulars
              a Location isolated in the rear car park.
              b Little or no existent lighting of public areas.
              c Opportunities for youth to meet and congregate in the car park or behind buildings.
              d The amusement park would legitimise the presence of youth in the location.
              e Potential for an increase in criminal activity in the area. See letter from NSW Police Force of 13 August 2009.
        3. The proposal is not in the public interest as it will adversely impact on the safety and amenity of surrounding business
          Particulars
              a Submissions received from local business proprietors, being a real estate premises and a music store involved in teaching of young students, highlight potential personal safety issues to the users of those premises from people congregating in an isolated location adjacent to the amusement centre.

              b The development will have an adverse impact on the safety and amenity of neighbouring properties as a consequence of the potential for congregation of people in an isolated location at the rear of the main street.

      STATUTORY PLANNING FRAMEWORK

8 The site is located within Zone No. 3 Business under the Lithgow City Local Environmental Plan 1994. The proposal falls under the definition of commercial premises as defined under the Model Provisions. The proposal is "permissible with consent" in this zone.

9 The site is not in a conservation area and is not a heritage item or in the vicinity of any heritage item. Clause 9 requires development to be consistent with the objectives of the relevant zone.

      ∎

10 The Business Zone objectives include:

        (a) to encourage a range of retail and commercial uses within the central business district;
        (c) to accommodate retail, commercial, and allied services within the City.

11 The Greater Lithgow City Council - Off Street Parking Development Control Plan is a relevant matter for consideration of the development application. The DCP provides a number of objectives, and our rate of 1 space per 25 m². As such, two-point fall, car parking spaces are required, and V development provides four spaces. The council officers report notes that a condition can be attached for the appropriate dimensions of a disabled space.

12 The Greater Lithgow City Council - Outdoor Advertising Development Control Plan is also a relevant matter for consideration. And this is contains objectives to encourage signage that enhances the streetscape. Once again, the council officers report assesses the application as satisfactory and states that appropriate conditions would be included in the conditions of consent.

13 The development application must also be assessed under section 79C(1) of the Environmental Planning and Assessment Act and this includes:

        b) the likely impact of the development including… the social and economic impacts in the locality
        c) and the suitability of the site for the development; and
        e. the public interest.

14 The application was notified on 23 July 2009 for 14 days and two objections was received: a music school; and an estate agency raising the following issues:

                  Safety - Increased potential for vandalism and perfect place for vagrants
                  Security and lighting concerns because of the isolated location
                  Potential for the safety of students using the music school to be compromised.

15 The NSW Police provided comments on the development application dated 13 August 2009 and referred to the publication Crime Prevention through Environmental Design (CPTED). A number of recommendations were provided under the issue of surveillance, including that the applicant provide CCTV to the exterior of the premises and a back-to-base alarm system. Also the business premises and entrance are to be clearly identified with signage. On the question of lighting. The report comments that from the photographs “it is clearly evident that there is a lack of lighting at the rear of the proposed business.” The report concludes that if council were to approve the application close monitoring of the premises should take place.

16 In summary, the crime prevention officer from NSW Police identified the following issues which require some resolution and outcome: trading hours and staffing; truancy; close proximity to licensed premises; lighting major upgrade to centre and surrounding car park; CCTV exterior of premises; higher risk of increase in crime levels in the surrounding car parks and businesses; back to base alarm system; and security patrols.

17 The operations division of the Council provided an assessment in terms of the Building Code of Australia, and fire regulations and submitted a number of conditions to incorporate the NSW Police requirements on surveillance and lighting.

18 The economic development officer of the council also provided comments on the projected youth population in Lithgow, and facilities with in the local government area. Reference was made to V consultations for Lithgow City Council's social plan 006-2011. Where in a number of additional facilities and amenities were identified, which young people perceived as lacking in the area, these include an indoor pool cinema, bowling alley and a video arcade. The community development officer also provided comments and recommended at closing time of 730 or 8 P M.

19 In response to comments received, the applicant proposed a management plan for checks to be carried out prior to the opening of the premises and procedures following closure of the premises, lighting and CCTV coverage.

20 A development assessment report was submitted for the council's consideration wherein the recommendation was for approval subject to conditions, including a provisional trial period for 2 year time limited consent to assess the impact of the use during this period. The assessment report to Council commented that

          the proposal is consistent with the objectives of the zone..there will be no adverse impact to adjacent properties…The proposal is of a small-scale and it will have negligible impact on the amenity of the surrounding area. The site is located in an area of low pedestrian and vehicle traffic, as well as, being surrounded by a diverse mix of uses. As part of the assessment at closing time was reduced in 1 hour. In winter time, the maximum closing would be 7:30 PM and in summer, 8 PM. .

21 The council resolved that in the public interest the council refuse the development application and the notice of determination was dated 20 January 2010.

22 The Court met on site with the parties the morning of the hearing and conducted and an inspection of the area and heard from two objectors. The owner of the music studio , expressed concern that he amusement centre would be open in the evening, when it is dark and said that they experienced graffiti on the building now . She is concerned that parents of students of the studio may have concern about the impact on the safety of their children because of the presence of the amusement centre. The owner of a business in the CBD supports the proposed amusement centre because there is not much for youth to do in Lithgow and in his opinion it would be good for the community. He also drew attention to the lack of lighting in the laneway and stated that lighting and CCTV would be critical.

23 On behalf of the respondent council Mr Kerry Nash, consultant town planner, gave evidence to the court. The applicant, Mr David Robinson provided evidence. Council officers also assisted the court .

24 Mr Nash is of the opinion that the physical location of the site from the retail and commercial activity of Main Street, will be accentuated by the lack of street lighting in the vicinity. In addition, he considers the site’s physical isolation from the main retail precinct and the building on the site itself also contributes to the premises not being suitable. Mr Nash considers that a more appropriate location for an amusement centre would be on Main Street itself with adequate illumination of public areas and ease of supervision of patrons entering and leaving such premises. He is concerned that there is a potential for loitering and anti-social behaviour associated with the use in the proposed location.

25 On the issue of public interest, Mr Nash is of the opinion that the concerns raised by the 2 objectors for the safety of the music students and potential vandalism of building and the comments of NSW Police, leads him to conclude that “the proposed amusement centre would have the potential to adversely impact the safety and amenity of the neighbouring properties and their clients and be the source for truancy, criminal activity and anti-social behaviour by persons attracted to the proposed use and location.”

26 It was submitted on behalf of the Council that the subject location is not appropriate and that the amusement centre will act as a magnet for anti-social behaviour and that the covered concrete apron adjoining the building would act as a place for youths to congregate and loiter.

27 It was submitted on behalf of the applicant that the conditions proposed, including the additional lighting and CCTV together with the Plan of Management provide safeguards and the proposal is consistent with the need to provide facilities and activities for the youth of Lithgow.

28 The Council’s Community Development Officer expressed concern about the hours of operation to 9 pm and recommended earlier closing times. In his report to Council the following comments were also made:

          one of the common complaints from local youth is that there is nothing to do in Lithgow, such they often go to Bathurst or Penrith to seek entertainment having an amusement centre in Lithgow would give the youth of the scale an option to stay in town to have their fun. An amusement centre as a place to go is especially important for those youth who are not financially able to go out of town. As these young people often loiter around the main street and the shops it has led to the impression that our local youths are mainly responsible for causing damage and committing crimes in Lithgow… As with the skate park, the youth council will be able to put the amusement centre on the agenda and provide feedback to Council if major problems, such as anti-social behaviour occurs

29 For the applicant it was submitted that there is no dispute that there is a need for the facility in Lithgow as evidenced by the council’s community officer. Furthermore the applicant considers the site is well located and not isolated being 60m from the supermarket and 40 metres from the Police Station. The applicant does not object to the 2 year trial period proposed by the council.

30 At the conclusion of the hearing there was discussion about what laws/regulations are in place that relate to the supervision of young children at venues such as amusement centres. The respondent’s solicitor assisted the Court and provided the following advice”:

          There is a Commission for Children and Young People set up under the Commission for Children and Young People Act 1998 to promote and monitor the overall safety and well-being of children.
          The functions of the commission include participating in and monitoring background checking under Division 3 of Part 7 of that Act.
          The definition of ‘ child related employment’ includes ‘ employment in entertainment venues where the clientele is primarily children’ and thus would appear to relate to the proposed premises.

31 The applicant’s agent provided comments and referred to the Forbes Shire Council ‘Amusement Centre Regulation Policy’ that contains a provision for the conduct of patrons, although it is recognized that it does not apply to the subject site. He also referred to the ‘Code of Ethics’ of the Amusement Machine Operators of NSW that while not law demonstrates a degree of industry self-regulation. The applicant also directed the Court’s attention to the Plan of Management dated 2 December 2009 that is contained in the Council’s bundle of documents.


      FINDINGS

32 I have assessed the development application having regard to the Council's planning regime and the merits of the application under section 79C of the Environmental Planning and Assessment Act. For the reasons stated below, I have determined that the application should be approved with a two-year trial period.

33 The contention raised by the council that the site is not suitable for the proposed development, because it does not integrate well with the public domain with an entry point from a side street and that it is more appropriate for a main street location with greater public surveillance. In my assessment of the suitability of the site the entry point is visible from the public domain of both Naomi Street and the public council car park at the rear of the site. The photographs in figure 1 show the visibility of the entrance from the public domain. It is an agreed fact that the level of lighting for the premises must be increased and the applicant accepts this as a condition of consent. The applicant has also agreed to install CCTV for surveillance of the premises.

34 The council raised the issue of antisocial behaviour and the opportunity for youth to meet and congregate in the car park. Mr Nash, considers that a more appropriate location for an amusement centre would be with frontage to the main street and expressed concern for the potential for loitering and antisocial behaviour associated with the use in the proposed location. It is accepted that supervision and surveillance of an amusement centre is required and the recommendations of the NSW Police have been incorporated in the conditions of consent. I am satisfied that there is clear visibility of the entrance and exit to the subject premises with appropriate lighting and surveillance.

35 The fears and concerns from certain sectors of the community about anti-social behaviour may be held for an amusement centre despite the location. In my assessment, I am guided by the authority in the Court of Appeal judgement of Zhang and Canterbury City Council [2001] NSWCA 167 and in my assessment the location of the subject premises is not unsuitable and should be allowed to be used as an amusement centre for a two-year trial period. In the circumstances of this case it is also most appropriate, where the impacts cannot be quantified at this point in time, for the imposition of a condition limiting the amusement centre to a probationary or trial period. The Court of Appeal decided in Zhang at paragraph 83 and following:

          I do not see any necessary incompatibility between the imposition of a condition limiting proposed use to a probationary or trial periods and at the statutory requirements that the decision maker take into consideration both the likely impact of the development and the suitability of the site to the development. It is possible to take into consideration matters, even though the full significance cannot be known with precision.

          Where as in this case, the nature of the development application is for the use of existing premises and accordingly, adverse effects are readily reversible, a probationary or trial period may be an appropriate exercise of the statutory discretion.

          The implications of the year approach adopted by Talbot J would unnecessarily limit the statutory power to permit development for a specific period where the full implications of the development are not known or cannot be stated with sufficient certainty. In any such case the likely impact or suitability will never be capable of complete assessment. Indeed, that is the very purpose of the probationary or trial period. The scope and purpose of the act is better served by committing experimentation, at least in certain stances were adverse affects will cease if the development consent were not, in the event, extended. The focus is then on, likely impact during the probationary period.

36 As in the case under appeal in the above judgement I have formed the opinion that there is also insufficient evidence in this case of the ‘likely impact’ to grant an unlimited approval. A condition limiting the duration of the consent to a 2 year trial will allow the opportunity for a more detailed assessment of the operation and any impacts that may be generated by the amusement centre in the subject premises. Similarly, I have decided that it would be in the public interest for a time-limited consent to review the effects of the use on the amenity of the area and whether a further development consent should be issued based on the operation of the amusement centre during the 2 year trial period.

37 In my assessment of the development application. I am satisfied that a two-year time-limited consent is appropriate. The applicant during this trial period will have the opportunity to demonstrate that the operation of the business does not have an adverse amenity impacts on either the surrounding area or other local businesses within the vicinity. As in the case of Zhang if this is not demonstrated to council's satisfaction, then a further development application for the continuation of the premises to be used as an amusement centre may not be granted on the basis of the trial period. The issues of whether the site is suitable for the use of an amusement centre and whether it is in the public interest can be monitored during the trial period. In this case the public interest is broader than the impact on adjoining businesses. From the evidence there is a need for activities for young people in the City of Lithgow and the proposed amusement centre would provide such an opportunity.

38 The conditions of consent are as proposed by the respondent, except for the condition requiring “a security company to patrol the premises during the hours of operation”. This is deleted on the basis that consent is only granted for a 2 year trial period and during this time there would be nothing to prevent the applicant from engaging a security company to include the premises on its round of patrol, either during business hours or on closing to ensure that people leave the premises in an orderly manner. In the circumstances of approval of a trial period only it is appropriate that the need or otherwise for a security company to be engaged can be assessed if necessary once the premises are operating. During or at the conclusion of the trial period if the applicant seeks to continue the use of the amusement centre the necessity or otherwise for a security company may be the subject of further consideration.

39 In my assessment the fear or concern of antisocial behaviour would not warrant refusal of the application without first understanding whether there is a real basis or demonstrable facts.

40 It is clear from the evidence that there is a need for activities for the youth of Lithgow in the broader public interest, and I am of the opinion that a trial period for the amusement centre, subject to conditions, is appropriate. From the site inspection I am satisfied the subject premises and location of the site should not be rejected as being unsuitable. In my determination I accept the council’s officers assessment of the proposal.

41 Accordingly based on my assessment above the formal orders of the Court are:

            1. the appeal in respect of the premises known as No. 1 Naomi Street Lithgow is upheld.

            2. the development application submitted to Lithgow City Council and as amended for an amusement centre is granted a 2 year time limited consent subject to the conditions contained in annexure ‘A’.

            3. the exhibits are returned to the parties except the plan, exhibit A, and the conditions exhibit 3.

___________________

      J S Murrell
      Commissioner of the Court
      ljr

Annexure ‘A’


Conditions of Consent

Robinson v Lithgow City Council


Amusement Centre


Premises: No. 1 Naomi Street, Lithgow.


That development application DA 033/09 be approved subject to the following conditions:

Administrative Conditions

1 That the development be carried out in accordance with: the development application; Statement of Environmental Effects; The Plan of Management 2 December 2009; accompanying information and plans submitted with the application; and any further information provided during the process, unless otherwise amended by the following conditions.

Planning Conditions

2 This consent shall be operative for a period of twenty four (24) months from the date of occupation. Should the applicant wish to continue with operations beyond this date a new development application will be required to be lodged with Council for its determination.

3 Hours of operation Winter times (April to September)

School Term
Monday to Friday: 1 1.00 am to 6.30 pm
Saturday: 9.00 am to 7.30 pm
School Holidays
Monday to Friday: 9.00 am to 6.30 pm
Saturday: 9.00 am to 7.30 pm
Hours of operation Summer times (October to March)
School Term
Monday to Friday: 1 1.00 am to 8.00 pm
Saturday: 9.00 am to 8.00 pm
School Holidays
Monday to Friday: 9.00 am to 8.00 pm Saturday: 9.00 am to 8.00 pm
Sunday & Public Holidays: Closed

Conduct of Amusement Centre

4 The Amusement Centre shall be conducted in an orderly manner and, in particular, the operator shall be wholly responsible at all times to ensue that:

a) the premises will be supervised during all hours of operation by a responsible person who shall be readily recognisable as a supervisor (a person over the age of 18 years);

b) One (1) staff shall be provided at all times on the basis of one (1) attendant/twenty (20) patrons to ensure the orderly operation of the premises and supervision of patrons or in the case of amusement centres containing more than twenty (20) patrons another additional one (1) staff shall be provided.

c) In the case of using 'Under cover cemented area' mentioned on the plan must be supervised by a staff;

d) no intoxicating liquor or any drugs shall be brought on to the premises and no person under the influence of intoxicating liquor or drugs shall be permitted on the premises;

e) no gambling shall be permitted and no monetary prize shall be offered or given as a reward for skill in playing any amusement machine;

f) premises and areas appurtenant to the premises, if any, are maintained in a clean condition and in a state of good repair;

g) the presence of truants during school hours is reported promptly to the appropriate authority;

h) operator will dissuade all forms of offensive and loutish behavior, and,

i) operator will endeavor to see that players in no way interfere with the rights of others.

Amenity of the Area

5 No loud music or operational noise from amusement devices shall be allowed to emit from the amusement centre.

6 No loudspeaker will be permitted at or near the entrances of the building.

Building Conditions

General Conditions

7 All building work must be carried out in accordance with the provisions of the Building Code of Australia.

8 The premises are classified as a Place of Public Entertainment and the maximum number of persons permitted on the premises at one time is 35.

9 Separate disabled male and female toilets are required in accordance with the Part F Building Code of Australia. The installation of an additional disabled toilet is required within 12 months from the date of approval of the Development Consent, the use of the existing unisex facility is acceptable as an interim measure for the initial 12 months. The additional disabled toilet is the subject of a future Development Application/construction certificate.

10 All skateboards are to be contained wholly within the building and in a manner so as not to interfere with egress from the building.

11 The lessee of the building shall be responsible for the removal of any graffiti from the building and associated fencing/outbuildings within 48 hours of the graffiti appearing.

12 The premises and areas appurtenant to the premises are to be maintained in a clean condition and in a state of good repair and customers are not to overflow onto the public footpath. A maintenance policy is to be submitted to Council for approval prior to the issue of the Occupation Certificate. The policy must include the following:


    • A graffiti management plan.
    • The provision of lighting and maintenance of lighting.
    • Vandalism
    • Rubbish Removal

13 The premises must be supervised during all hours of operation by a responsible person who shall be readily recognizable as a supervisor.

14. The sale of food and beverages from vending machines only are permitted and the preparation and dispensing of food or drink is not permitted from these premises with out the prior approval of Council.

15 Noise levels on the premises are not to exceed 5dBA above background noise when measured on the boundary of the premises.

16 Access for disabled persons and the provision of sanitary facilities shall be in accordance with the Building Code of Australia and Australian Standard 1428 "Design for Access and Mobility".

17 Your attention is drawn to the existence of the Disability Discrimination Act. A construction certificate is required to be obtained for the proposed building/s, which will provide consideration under the Building Code of Australia, however, the development may not comply with the requirements of the Disability Discrimination Act. This is the sole responsibility of the owner, builder and applicant.

New South Wales Police requirements

Surveillance & Territorial reinforcement

18 The entrance to the Amusement Centre shall be clearly defined with signage. The signage shall be such that it clearly designates the conditions of usage and ownership. The signage shall include the following information:

a) Business name and ownership.

b) Centre rules including opening and closing times.

c) Additional "Trespassers will be prosecuted" signage clearly visible around entrance and exit ways.

Details of location, size, colour and type of sign to be installed are to be submitted to Council for approval prior to installation.

19 Security signage is to be installed on perimeter fencing to Council's satisfaction.

20 A back to base alarm system is to be installed prior to the issue of the Occupation Certificate.

21 CCTV to the exterior of the premises, including the undercover cemented area, is to be provided prior to the issue of the Occupation Certificate. Coverage is to include every angle from the rear including the entrance, the immediate car park and adjoining buildings.

Lighting

22 All exterior lighting work shall be carried out in accordance with the minimum requirement of Australian Standard AS 1158 for public recreation area.

23 All exterior lighting work shall be carried out in accordance with lighting plan submitted in the document dated 2nd December 2009.

Management of centre

24 The manager and staff are to monitor and maintain facilities to a standard which does not encourage criminal and anti social behaviour.

25 The manager is to ensure that entrance gates to the premises remain locked when the amusement centre is closed.

26 The following operational rules should apply:

    • No person in school uniform is to be admitted between 9 am and 3 pm Monday to Friday during the school term.
    • No persons of apparent school age are to be admitted between 9 am and 3 pm Monday to Friday during the school term. If in doubt request some form of identification should be required.


Car parking and access requirements

27 The four parking bays are to be clearly marked and delineated within the site and are to be used for staff parking only except for one (1) disabled car space and the parking of bicycles.

28 That adequate lighting is to be installed to ensure road security and vision at night time.

29 That a "no right turn" sign be erected within the confines of the property to Council's satisfaction to ensure that conditions regarding the one way street are complied with.

30 That a holding line and a stop sign position to Council's satisfaction is provided within the confines of the property prior to entering the public road.

31 Car parking space numbered four (4) on Site Plan must be provided with a minimum size of 3500 mm wide and 5500 mm long (amended in red) for people with disabilities and other car parking spaces in accordance with Australian Standard AS 2890.1-1993 Parking facilities - Off-Street Car Parking.

Works required prior to commencement of trading

32 In accordance with the Building Code of Australia, all portable fire extinguishers must be installed to comply with the requirements of Australian Standard AS 2444.

33 The existing toilet is to be provided with mechanical ventilation (exhaust fan) prior to the issue of the Occupation Certificate.

34 Exit doors are required. These are to be designed and installed in accordance with the Building Code of Australia and shall be readily opened by single handed action on a single device without recourse to a key from the side facing the person seeking egress from the building. The rear emergency exit door is not to open onto the laneway and be re-hung to open inwards and provided with a hold open device.

35 The power operated sliding door must be able to be opened manually under a force of not more than 1 ION if there is a malfunction or failure of the power source and suitable signage must be provided to Council's satisfaction.

36 Should a store room be constructed it is to be separated from the remainder of the building by construction having a FRL of not less than 60/60/60.

37 Fire hazard properties of any new floor, walls, ceiling linings/coverings, sarking and the like are to comply with Specification C1.10/C1.10a. Details/certification is to be provided to Council prior to installation.

38 The light and light switches to the amusement centre must be accessible by management only and not by patrons.

39 Prior to trading an Occupation Certificate must be issued by the Principal Certifying Authority.

40 Prior to trading and prior to issue of an Occupation Certificate, all of these services must be certified on a Fire Safety Certificate as required and submitted to Council stating that the essential fire and other safety measures have been installed and comply with the relevant standard specified below.

Once the building is occupied, an Annual Fire Safety Statement must be submitted to Council and the NSW Fire Brigades, PO Box A249, SYDNEY SOUTH NSW 2001, and a copy retained on site certifying that:

(i) The essential fire and other safety measures have been maintained and serviced at regular intervals in accordance with the appropriate maintenance specified below and are still operable; and

(ii) That the path of travel is clear of anything which would impede free passage of any person at any time.

The essential fire and other safety measures services are:

EXIT SIGNS:
Exit Signs - refer E4.5 & 6 of the Building Code of Australia and AS 2293.1

PORTABLE FIRE EXTINGUISHERS:
Portable Fire Extinguishers - refer Part E1.6 of the Building Code of Australia and AS 2444 & AS 1851.1

EMERGENCY LIGHTING:
Emergency Lighting - refer Part E4.2 of the Building Code of Australia and As 2293.1

HOSE REEL SYSTEMS:
Hose Reels - refer Part E1.4 of the Building Code of Australia and AS 1221, AS 2441 & AS 1851.2

Other Conditions

41 Electrical safety facilities shall be in accordance with the Australian Standard (AS) 3760 "Best Practices in Testing & Tagging of Electrical Equipment."

42 Applicant shall consult with a qualified electrician if it is necessary to install a safety switch power outlet at premises.

43 All electrical devices (amusement machines) must be inspected by a qualified electrician as recommended by manufacturer.

44 All electrical devices (amusement machines) manuals must be available at any time at premises for a qualified electrician for maintenance purpose.

45 Any faulty electrical devices should be removed and must not be used by patrons.

________________________
J S Murrell
Commissioner of the Court
ljr

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Zhang v Canterbury City Council [2001] NSWCA 167