Waite v Blacktown City Council

Case •

[2009] NSWLEC 1380

•

19 November 2009

No judgment structure available for this case.

Land and Environment Court


of New South Wales


CITATION: Waite v Blacktown City Council [2009] NSWLEC 1380
PARTIES:

APPLICANT
David Peter Waite

RESPONDENT
Blacktown City Council
FILE NUMBER(S): 10524 of 2009
CORAM: Bly C
KEY ISSUES: DEVELOPMENT APPLICATION :- Cafe associated with approved tourist facility, permissibility.
LEGISLATION CITED: Environmental Planning and Assessment Act 1979
Blacktown Local Environmental Plan 1988
DATES OF HEARING: 26/10/2009 and 18/11/2009
 
DATE OF JUDGMENT: 
19 November 2009
LEGAL REPRESENTATIVES:

APPLICANT
Mr D Williams Solicitor
SOLICITOR
Whitehead Cooper Williams

RESPONDENT
Mr T O'Connor Solicitor
SOLICITOR
Houston Dearn O'Connor

JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      Bly C

      19 November 2009

      10524 of 2009 David Peter Waite v Blacktown City Council

      JUDGMENT

Introduction

1 This appeal relates to a development application for a 60-seat cafe as an ancillary land use to the proposed/approved tourist facility at 879 Richmond Rd Marsden Park.

2 The site has an area of 2.875 ha and is presently utilised for:


      • A detached dwelling house.
      • A mixed commercial activity providing rural and pet supplies and fruit and vegetables.

3 The site is also developed with a number of commercial/industrial type buildings and these buildings and the site generally are used to store industrial machinery and other equipment associated with the commercial activity and the proposed tourist facility.

4 The proposed/approved tourist facility involves:


      • A doll museum.
      • An industrial, agricultural and transport artefacts display.
      • A small-scale railway that operates around the site.

5 The surrounding area is predominantly rural and rural/residential in character with a number of other land uses including landscape supplies, plant nurseries, a paintball facility, quarries and a poultry processing facility.

Planning controls

6 The site is zoned 1(a) General Rural under Blacktown Local Environmental Plan 1988 and in this zone refreshment rooms, including a restaurant or cafe are prohibited. The proposed cafe can nevertheless be approved provided that it is ancillary to the principal permissible use of tourist facility.


7 The statement of facts and contentions identifies four separate contentions that form the basis for the refusal of the application:


      • Permissibility of the cafe.
      • Car parking.
      • Elevations and plans.
      • Resolution by way of conditions.


The hearing

8 The hearing initially began on 26 October 2009 with an inspection of the site and a discussion of the contentions, focusing on the relationship of the cafe to the tourist facility in the context of its permissibility. The hearing was adjourned to enable the applicant to prepare amended plans with the intended purpose of resolving the permissibility issue.


9 Amended plans have now been provided and the town planning experts, Mr G. Apps (council) and Mr T. Moody (applicant) have prepared a joint experts' report. In that report Mr Apps expresses concern about the link between the visitors centre and the cafe:


          "…which need not be there if the cafe is truly interdependent with the tourist facilities.

          The cafe should be separated from the visitors' centre "room" with a full wall. Access to the cafe would be solely through the tourist facilities once a ticket to the park had been purchased. Access to the cafe would be via the outdoor seating area in the vicinity of the miniature railway boarding platform.

          Exit from the park would be made by an exit only turnstile or gate at the visitors', centre which would involve an amendment to the plan."

10 In response Mr Moody noted that whilst the original proposal would have operated independently from the tourist facilities he nevertheless accepted Mr apps' proposition that:


          "... the blocking-off of the opening between the visitors' centre and the cafe would give even greater security that patrons coming into the cafe would only be those who are using the approved tourist facilities. Accordingly, I agree with Mr apps suggestion that the current proposed opening from within the visitors' centre directly into the cafe should be blocked off."

11 Mr Apps and Mr Moody thus recommended certain conditions of consent involving the blocking-off of the above-mentioned opening between the visitors centre in the cafe together with a "ticketing protocol" that would entitle patrons of the tourist facility to use the cafe. With these conditions they agreed that the cafe would be an acceptable use and would constitute an ancillary and interdependent use of the approved tourist facilities on the site.

12 As for the remaining contentions the experts agreed that the amended plans including the car parking arrangement are satisfactory.

Conditions of consent

13 When the hearing resumed on 18 November 2009 the respondent provided a revised set of agreed conditions incorporating the matters referred to by Mr Apps and Mr Moody.

14 A number of additional conditions were also provided for the purpose of ensuring that the cafe would operate as an ancillary and interdependent use to the tourist use. The applicant initially opposed these conditions but following a number of amendments including a further condition dealing with ticketing protocol they were also agreed.

Court's decision

15 Having reviewed the various materials associated with the application including the amended plans, the now agreed conditions and the joint experts report I am satisfied that, for the reasons provided by the experts that the cafe, as an ancillary and interdependent use is permissible with consent under the LEP. There being no remaining issues in dispute between the parties I have decided to uphold the appeal and grant conditional development consent.

Costs

16 The parties have, pursuant to s 97B of the Environmental Planning and Assessment Act 1979, reached an agreement in relation to costs incurred as a consequence of the amended plans. This agreement is included in the Court's orders.


17 The orders of the Court are therefore:

      1. The appeal is upheld.
      2. The development application for a 60 seat cafe (being an ancillary and interdependent use associated with the tourist facilities on the site) at 879 Richmond Road, Marsden Park is determined by the granting of development consent subject to the conditions in Annexure A hereto.
      3. Exhibit D (the plans) is retained.
      4. Pursuant to s 97B of the Environmental Planning and Assessment Act 1979 the applicant pay the respondent's costs incurred in respect of the assessment of and proceedings relating to the original development application, the subject of the appeal in the agreed amount of $3,000.00.
          ______________________
          T A Bly
          Commissioner of the Court

Annexure A

CONDITIONS OF CONSENT

Development: Cafe comprising 60 seats with Outdoor Seating Area

Land:

Lot 4, DP 17048


879 Richmond Road, Marsden Park


      1.1 Terminology
      1.1.1 Any reference in this document to a "consent" means a "development consent" defined in the Environmental Planning and Assessment Act 1979.

      1.1.2 Any reference in this consent to a Construction, Compliance , Occupation or Subdivision Certificate is a reference to a certificate as defined by Section 109C of the Environmental Planning and Assessment Act 1979.

      1.1.3 The café shall not operate unless all of the following activities operate at the same time:

            (i) The miniature railway line (except for repair/maintenance activities);

            (ii) The museum displays within the buildings;

            (iii) The visitor’s information centre; and

            (iv) The animal farm.
      1.1.4 The cafe activity shall cease in the event that the visitors’ centre or tourist facilities cease operation. This condition does not apply in circumstances where there is temporary cessation of the visitors’ centre or tourist facilities on the site for purposes of maintenance or repair. In the event that a future land release requires acquisition of part of the land which in turn requires the removal or relocation of the miniature railway line, the cafe may still continue to operate in conjunction with the remaining tourist facilities on the land.
      1.2 Scope of Consent
      1.2.1 The granting of this consent does not imply or confer compliance with the requirements of the Disability Discrimination Act 1992. The applicant is advised to investigate any liability that may apply under that Act. The current suite of Australian Standard 1428 - Design for Access and Mobility, should be consulted for guidance. The prescriptive requirements of Part 1 of the Standard apply to certain buildings requiring development consent.
      1.3 Other Approvals
      1.3.1 A separate valid Construction Certificate shall be issued prior to commencement of any construction works for the fit out of the food premises.
      1.4 Food Premises
      1.4.1 This consent is to be read in conjunction with the requirements of Council’s Code for Food Premises.
      1.4.2 The floor waste may need to be connected to a trade waste arrestor. In this regard the applicant is advised to contact the Sydney Water’s Waste Water Source Control Branch.


      2.1 Scope of Consent

      2.1.1 This consent relates to the following drawings/details submitted to Council with the Development Application, subject to compliance with any other conditions of this consent:

      Drawing No. Dated Council’s File Encl. No.

      101/E Edition E Sheet 1/4 30 October 2009 22A
      Site Plan

      102/EB Edition E Sheet 2/4 30 October 2009 22B
      Elevations

      123/D Edition D Sheet 3/4 30 October 2009 22C
      Floor Plan

      124/A Edition A Sheet 4/4 30 October 2009 22D
      Dimensioned Floor Plan
      2.1.2 The following amendments shall be incorporated in plans submitted with the Construction Certificate:
            (i) The access between the visitors’ centre and the cafe shall be replaced by a full wall as shown in red on the approved plan No. 124/A Edition A Sheet 4/4 and Plan 123/D Edition D Sheet 3/4.
            (ii) An egress shall be provided from the tourist facilities to the visitors’ centre. This may either be through the entry point shown on the approved plan No. 124/A Edition A Sheet 4/4 or through a separate egress point.
            (iii) A W.C facility shall be provided with disabled access in accordance with AS1428.1. Each of the proposed WCs may be unisex, with one to be provided with disabled access.
      2.1.3 The approved cafe shall be carried out in accordance with the Ticketing Protocol at Attachment A to this consent and subject to the following amendments:

            (i) The purchase of the ticket would entitle a patron to utilise all the approved tourist facilities and cafe without the purchase of additional tickets.

            (ii) The purchase price of the entry ticket is not to be redeemable for purchases in the proposed cafe.

            (iii) The Ticketing Protocol is amended to provide for minimum ticketing prices to be charged for patrons as per the following schedule:

            (a) Adults $ 5.00

            (b) Children $ 2.50

            (c) Family $ 12.00
            The above prices are inclusive of GST and do not apply in cases of special promotional events.

      3.1 Access/Parking
      3.1.1 The internal driveway and parking areas are to be designed in accordance with Australian Standard 2890.1.
      3.1.2 Access to and parking for persons with disabilities shall be designed in accordance with Australian Standard 2890.1.

      4.1 Building Code of Australia Compliance
      4.1.1 All aspects of the building design shall comply with the applicable performance requirements of the Building Code of Australia so as to achieve and maintain acceptable standards of structural sufficiency, safety (including fire safety), health and amenity for the ongoing benefit of the community. Compliance with the performance requirements can only be achieved by:

            (a) Complying with the deemed to satisfy provisions, or

            (b) Formulating an alternative solution which:


                (i) complies with the performance requirements, or

                (ii) is shown to be at least equivalent to the deemed to satisfy provision, or

                (iii) A combination of (a) and (b).


      5.1 Food Premises
      5.1.1 Plans and specifications submitted for issue of a Construction Certificate shall demonstrate compliance with the requirements of;

o Food Act 2003 and Regulations thereunder.

o Australian Standard 4674-2004 Design, construction and fit-out of food premises.


      5.1.2 All works carried out shall comply with the requirements of;

o Food Act 2003 and Regulations thereunder.

o Australian Standard 4674-2004 Design, construction and fit-out of food premises.


      6.1 Safety/Health/Amenity
      6.1.1 Toilet facilities shall be provided on the land at the rate of 1 toilet for every 20 persons or part thereof employed at the site in the construction/fit out of the premises.
      Each toilet provided shall be:

(a) a standard flushing toilet, and


            (b) connected:
            (i) to a public sewer, or

                (ii) if connection to a public sewer is not practicable, to an accredited sewage management facility provided by the Council, or

                (iii) if connection to a public sewer or an accredited sewage management facility is not practicable to some other sewage management facility approved by Council.
      6.2 Notification to Council
      6.2.1 The person having the benefit of this consent shall, at least 2 days prior to work commencing on site, submit to Council a notice under Clauses 135 and 136 of the Environmental Planning and Assessment Regulation 2000, indicating details of the appointed Principal Certifying Authority and the date construction work is proposed to commence.
      6.2.2 At least five (5) full working days written notice must be given for the commencement of engineering works. Such notice must be accompanied by evidence of the contractors Public Liability and Workers Compensation Insurances. For Public Liability Insurance this should be a minimum amount of $10,000,000.
      6.3 Sydney Water Authorisation
      6.3.1 Sydney Water Corporation's approval, in the form of appropriately stamped Construction Certificate plans, shall be obtained and furnished to the Principal Certifying Authority to verify that the development meets the Corporation's requirements concerning the relationship of the development to any water mains, sewers or stormwater channels.
      OR
      The approved plans are to be submitted to a Sydney Water Customer Centre or Quick Check Agent, to determine whether the development will affect Sydney Water's sewer and water mains, stormwater drains and/or easements and if further requirements need to be met. The plans must be appropriately stamped and all amended plans will require restamping. For Quick Check Agent details, please refer to the "Building Plumbing and Developing" Section of the website then follow the "Developing Your Land" link or telephone 13 20 92 for assistance.
      6.4 Construction Details
      6.4.1 Structural details of the nominated building component(s), prepared and/or certified by a professional engineer or other appropriately qualified person, shall be lodged with Council prior to commencing or erecting that portion of the approved development.
            Nominated Component
            (a) Footing system for the external seating area
      7.1 Safety/Health/Amenity

      7.1.1 The required toilet facilities shall be maintained on the land at the rate of 1 toilet for every 20 persons or part of 20 persons employed at the site.

      7.1.2 A sign is to be erected and maintained in a prominent position on the site in accordance with Clause 98 A (2) of the Environmental Planning and Assessment Regulations 2000 indicating:

(a) the name, address and telephone number of the principal certifying authority for the work, and

(b) the name of the principal contractor (if any) for the building work and a telephone number on which that person may be contacted outside working hours, and

(c) stating that unauthorised entry to the work site is prohibited.


      7.1.3 Building and construction materials, plant, equipment and the like shall not to be placed or stored at any time on Council's footpath, roadway or any public place.
      7.2 Building Code of Australia Compliance
      7.2.1 All building work shall be carried out in accordance with the provisions of the Building Code of Australia.
      7.3 Nuisance Control
      7.3.1 Any objectionable noise, dust, concussion, vibration or other emission from the development works shall not exceed the limit prescribed in the Protection of the Environment Operations Act 1997.

      7.3.2 The hours of any offensive noise-generating development works shall be limited to between 7.00am to 6.00pm, Mondays to Fridays: 8.00am to 1pm, Saturdays; and no such work to be undertaken at any time on Sundays or public holidays.

      7.3.3 Construction work on all buildings (except that on single dwelling houses and associated structures on the on the site of a single dwelling house) shall not occur on Saturdays and Sundays on weekends adjacent to a public holiday.
      7.4 Construction Inspections
      7.4.1 The person having the benefit of this consent is required to notify the Principal Contractor for the building construction project that various mandatory and critical stage inspections must be conducted by an accredited certifier, and may include inspections (where applicable):

            (a) At the commencement of the building work; and

            (b) After excavation for, and prior to placement of, any footings; and

            (c) Prior to pouring any in-situ reinforced concrete building element; and

            (d) Prior to the covering of the framework for any floor, wall roof or other building element, and prior to covering waterproofing in any wet areas; and

            (e) Prior to covering waterproofing in any wet areas (but for a minimum of 10% of rooms with wet areas in any class 2,3 or 4 building); and

            (f) Prior to covering any stormwater drainage connections; and

            (g) After the building work has been completed and prior to any Occupation Certificate being issued in relation to the building.
            The critical stage inspection “(g)” must be carried out by the Principal Certifying Authority.
            Any inspection conducted by an accredited other than the nominated PCA for the project must be verified by way of a Compliance Certificate issued for the relevant works.
            Note: Failure to ensure the relevant inspections are conducted will preclude the issue of an Occupation Certificate.

      8.1 Food Premises
      8.1.1 On completion of the installation of the ventilation system, a Compliance Certificate is to be submitted to Council certifying that the system has been installed and commissioned in accordance with the approved details.
      8.1.2 The food preparation areas shall be constructed so as to comply with the requirements of;

(a) The Food Act 2003 and Regulations there under.


            (b) Australian Standard 4674-2004 Design, construction and fit-out of food premises .

            (c) Australian Standard 1668.2-2002 The use of ventilation and air conditioning in buildings – Ventilation design for indoor air contaminant control .
      8.1.3 A designated hand washbasin is to be provided within the activity area. The hand washbasin shall be provided with a supply of hot and cold water through an approved mixing device with a single spout.
      9.1 Compliance with Conditions
      9.1.1 An Occupation Certificate shall not be issued until such time as all conditions of this consent, other than “Operational” conditions, have been satisfied. The use or occupation of the development prior to compliance with all conditions of consent, other than “Operational” conditions, may render the applicant/developer liable to legal proceedings.
      9.1.2 Prior to occupation/use of a new building, it is necessary to obtain an Occupation Certificate from the principal certifying authority in accordance with the provisions of Section 109H of the Environmental Planning & Assessment Act 1979.
      9.2 Service Authorities
      9.2.1 The applicant shall obtain a Trade Waste Approval from the Sydney Water Corporation Limited in relation to any discharges to the Corporation's sewerage system.
      9.3 Temporary Facilities Removal
      9.3.1 Any temporary toilet facilities provided during construction works shall be appropriately dismantled, disconnected and removed from the land.
      9.3.2 Any temporary soil erosion control measure installed during development works shall be removed and other permanent measures required by Council’s Soil Erosion Control Policy shall be provided.
      9.3.3 Any temporary builder's sign or other site information sign shall be removed from the land.
      9.4 Food Premises

      9.4.1 The premises shall be registered with Council’s Environmental Health Unit.

      9.4.2 Trading must not commence until an Occupation Certificate for the development has been issued.

      9.4.3 The installation of any grease arrestor shall comply with the requirements of the Sydney Water Corporation. A copy of the Corporation's Trade Waste Agreement, shall be submitted to Council.
      9.5 Landscaping/Car Parking

      9.5.1 Off-street car parking shall be encouraged by the installation of appropriate, permanent and prominent signs indicating its availability.

      9.5.2 Entrance/exit points are to be clearly signposted and visible from the street and the site at all times.

      9.5.3 Access and parking for people with disabilities shall be provided in accordance with Australian Standard 2890.1.

      9.5.4 All required internal roads and car parking spaces shall be line-marked, sealed with a hard standing, all-weather material to a standard suitable for the intended purpose.

      9.5.5 A total of 58 car parking spaces shall be provided in an all weather, hardstand surface and line marked and signposted to indicate their availability. The car parking area shall be drained to an appropriate discharge point.
      9.6 Fee Payment
      9.6.1 Any fee payable to Council as part of a Construction, Compliance or Occupation Certificate or inspection associated with the development (including the registration of privately issued certificates) shall be paid in full.
      9.7 Food Premises
      9.7.1 Prior to the issue of an Occupation Certificate, documentation shall be submitted to Council certifying that the ventilation system has been installed and is operating in accordance with Australian Standard 1668.2:2002 The use of ventilation and air conditioning in buildings – Ventilation design for indoor air contaminant control.
      9.7.2 The premises are to be registered with Council as a food business.
      10.1 Access/Parking

      10.1.1 All required off-street car parking spaces and internal roads shall be maintained to a standard suitable for the intended purpose.

      10.1.2 All loading and unloading operations shall take place at all times wholly within the confines of the land.

      10.1.3 Access and parking for people with disabilities shall be maintained in accordance with provisions of Australian Standards 1428.1 and 2890.1.
      10.2 General

      10.2.1 No goods, materials, or trade waste shall be stored at any time outside the building other than in approved garbage receptacles.

      10.2.2 No goods or materials shall be stored, displayed for sale or manufactured at any time outside the building.

      10.2.3 Spillage of light, if any, shall be controlled so as not to cause nuisance to the amenity of adjoining land.

      10.2.4 If artificial lighting is proposed full details are to be submitted indicating the manner in which adjoining properties are to be protected.

      10.2.5 Should an intruder alarm be installed on the land it shall be fitted with a timing device in accordance with the requirements of the Protection of the Environment Operations Act 1997.

      10.2.6 Emission of sound from the land shall be controlled at all times so as to not unreasonably impact upon nearby owners/occupants.

      10.2.7 The hours of operation of the development shall be in accordance with those established for the visitor information centre and shall not exceed 9am to 5pm, 7 days per week.

      10.2.8 No goods, materials or trade wastes are to be stored at any time outside the building on either the internal vehicular driveway, car parking area, landscaping or footpath, other than in approved garbage receptacles.

      10.2.9 Access to the cafe is to be through the visitors centre. No separate access to the cafe to patrons shall be provided.

      10.2.10 Signage approved by this consent is limited to the installation of the signs shown on the approved plans. All other signage, other than signage that is Exempt Development, requires the separate consent of Council.
      11.1 Food Premises

      11.1.1 All self service food must be protected from contamination by means of a suitable appliance, or be effectively supervised in accordance with Clause 37(1) of the Food (General) Regulation 1997.

      11.1.2 A sign shall be provided in a conspicuous location near the self service food bar with the words “NO SMOKING” in standard type with a letter height of at least 10mm.

      11.1.3 All refrigeration equipment and associated fittings shall be installed such that it is capable of operating without causing a noise or vibration nuisance.

      11.1.4 All refrigeration and frozen food cabinets and the like shall be supported on wheels, plinths, legs or brackets. Cabinets/refrigerators up to 6 metres in length are to be placed a minimum of 200mm clear of any wall or 400mm clear where the appliance exceeds 6 metres in length.

      11.1.5 Where refrigerators or food cabinets are positioned hard against adjacent walls, all joints shall be sealed so as to prevent the access of vermin.

      11.1.6 The motor(s) of the refrigerators/cabinets shall be supported on an open metal frame at least 150mm above floor level.

      11.1.7 Cooking appliances shall be installed in accordance with the following requirements:

            (a) At least 200mm clear of walls where such appliances do not exceed 3 metres in length, in a continuous run.

            (b) At least 400mm clear of walls where such appliances exceed 3 metres in a continuous run. Access of not less than 300mm is to be provided to this space from both ends of appliances.

            (c) Butted against walls, provided all joints are flush and sealed

            (d) With a space of 75mm between cooking appliances or between them and other fittings for appliances up to 750mm wide. For widths over 750mm at least 300mm clear space shall be provided.
            Note: Where cooling appliances are fitted with wheels or castors and provided with a flexible connection, they may be located against the walls and butted against each other.

      11.1.8 A supply of soap or suitable detergent and single use towels or other suitable hand drying facilities shall be provided adjacent to the wash hand basin.

      11.1.9 All appliances used for the storage of hot or cold food including milk or milk products, eggs, meat, poultry, fish, cooked rice and open shellfish shall be provided with a numerically sealed indicated thermometer or recording thermometer, accurate to the nearest degree Celsius, or an alarm system to continuously monitor the temperature of the appliance. The thermometer shall be able to be read from outside the appliance.

      11.1.10 Flyscreens or other approved means of excluding flies shall be provided to all window and door openings and maintained in a satisfactory manner.

      11.1.11 Doors to the toilets and the toilet airlocks shall be fitted with a self closing device.

      11.1.12 Adequate provision shall be made for the storage of cleaning chemicals and staff personal belongings.

      11.1.13 The food premises shall be maintained in accordance with the requirements of;
        • Food Act 2003 and Regulations thereunder.
        • Australian Standard 4674-2004 Design, construction and fit-out of food premises.

      11.1.14 The proprietor is to ensure that all food handling complies with the requirements of the Food Act 2003 and Regulations there under.

      11.1.15 Upon commencement of trading, notify NSW Food Authority of the food business.

      11.1.16 The installation of any grease arrestor shall comply with the requirements of the Sydney Water Corporation Ltd prior to the commencement of use.

      11.1.17 The cool room shall be maintained in accordance with the requirements of;
      • Food Act 2003 and Regulations thereunder.
      • Australian Standard 4674-2004 Design, construction and fit-out of food premises.

      11.1.18 The hand wash basin must be supplied with an adequate supply of antibacterial liquid soap and disposable paper towels.

ATTACHMENT “A”

TICKETING PROTOCOL, PROPOSED CAFE

PPTY: 879 RICHMOND ROAD, MARSDEN PARK

      This document represents a Ticketing Protocol to ensure that the proposed cafe operates as an ancillary and interdependent use in conjunction with the approved Tourist Facilities on a property known as 879 Richmond Road, Marsden Park (“the subject site”).
      This document should also be read in conjunction with relevant Conditions of Consent imposed by the Land and Environment Court (note: should the Court grant approval), which also have the Objective of ensuring the proposed cafe operates as an ancillary and interdependent use of the approved Tourist Facilities.
      The features of the Ticketing Protocol are as follows:-
      • All patrons seeking access to the approved Tourist Facilities must enter through a front entry door of the Visitors Information Centre. There will be no other approved access point to the approved Tourist Facilities. Existing and proposed fencing will ensure that patrons enter and leave only by the front entrance door on the front facade of the Visitors Information Centre.
      • The patrons after entering the Visitors Information Centre will then go directly to the main counter and will be issued a ticket which will enable them to gain access to all the approved Tourist Facilities and the cafe during the approved hours of operation.
      • The required ticket must be retained by patrons at all times whilst they use the approved Tourist Facilities and proposed cafe.
      • If a patron does not have a ticket in his/her possession, access will be denied to the approved Tourist Facilities and no service will be
      • provided in the cafe. Appropriate notations will be made on the ticket in the above terms and appropriate signs will be placed throughout the Tourist Facilities and cafe.
      • After receipt of the ticket, patrons will then leave the Visitors Information Centre through a rear door and then disperse either to the right towards the miniature railway line or to the left to the other approved Tourist Facilities.
      • Access throughout the approved Tourist Facilities and cafe will be contingent upon the patrons having the appropriate ticket.
      • Patrons leaving Tourist Facilities must leave the Visitor Information Centre only by the front door.
      • Appropriate notations will be made on the ticket advising patrons that persons will be denied access to the Tourist Facilities and cafe if there is no ticket in their possession. Signs will be placed throughout the Tourist Facilities and within the cafe advising patrons of the requirement to have a valid ticket in their possession at all times. Staff members will request patrons to show evidence of the required ticket both in and around the Tourist Facilities and within the cafe.
      _______________________
      T A Bly
      Commissioner of the Court
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