ATTACHMENTS TO REPORTS DA 14/1332 Use of …...ATTACHMENTS TO REPORTS Wednesday 12 August 2015 10.1...

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ATTACHMENTS TO REPORTS –

Item 10.1 – DA 14/1332 Use of Store Room for Roadside Stall and Use of Existing Kitchen for Preparing Produce for Sale – Montrose Berry

Farm, 11 Ormond Street, Sutton Forest

ORDINARY COUNCIL MEETING

Wednesday 12 August 2015

COPIES CIRCULATED SEPARATELY HEREWITH

Distribution:

Mayor Clr T D Gair

Clr J G Arkwright

Clr H R Campbell

Clr J R Clark

Clr G McLaughlin

Clr I M Scandrett

Clr G M Turland

Clr J Uliana

Clr L A C Whipper

General Manager

Deputy General Manager Corporate, Strategy & Development Services

Deputy General Manager Operations, Finance & Risk

Acting Group Manager Corporate & Community

Group Manager Planning, Development & Regulatory Services

Administration Officer (for Archives)

ATTACHMENTS TO REPORTS Wednesday 12 August 2015


Attachments to Reports Item

10.1 DA 14/1332 Use of Store Room for Roadside Stall and Use of Existing Kitchen for Preparing Produce for Sale - Montrose Berry Farm, 11 Ormond Street, Sutton Forest

ATTACHMENT 1 Independent Planning Report .......................................... 4

ATTACHMENT 2 Proposed Plans of Development .................................... 20



ATTACHMENTS TO REPORT

Item 10.1

DA 14/1332 Use of Store Room for Roadside Stall and Use of Existing Kitchen for Preparing Produce for Sale - Montrose Berry Farm, 11 Ormond Street, Sutton Forest

Attachment 1 Independent Planning Report

Attachment 2 Proposed Plans of Development



ATTACHMENT 1 Independent Planning Report


Development Assessment Report TITLE Use of store room for roadside stall and use of existing kitchen for preparing produce for sale, Montrose Berry Farm, Lot 2 DP 620221, 11 Ormond Street, Sutton Forest Reference: DA 14/1332 Assessing Officer: K. Osborne (Consultant Planner - DFP Planning Pty Ltd) PURPOSE The purpose of this report is to present to Council development application no. 14/1332 which proposes to use a store room within an existing cottage as a roadside stall and use an existing commercial kitchen within a barn building for the processing of agricultural goods for sale to the public. A concurrent application has also been lodged by the owner Montrose Berry Farm (DA 14/1329) which is seeking approval for the temporary use of an existing barn for wedding receptions. A separate report is being prepared for DA 14/1329 and will be report to Council at a subsequent meeting. The application is presented to Council for determination Recommendation 1. THAT development application 14/1332 which seeks development consent for the use of part of

an existing cottage as a roadside stall and the use of an existing commercial kitchen within the barn building for the processing of agricultural produce for sale to the public at Montrose Berry Farm, Lot 2 DP 620221, 11 Ormond Street, Sutton Forest be APPROVED subject to recommended conditions of consent as described in this report.

BACKGROUND Montrose House and Berry Farm are an established and historic rural property that for over 20 years has operated as a berry farm and offers ‘pick your own fruit’ for visitors to the property as well as traditional harvesting of produce by the landowners. Montrose House and grounds are listed as an item of environmental heritage under Schedule 5 of WLEP (Item I006). The item is of local heritage significance. The property has been the subject of a number of Development Applications, with significant approvals and subsequent developments occurring in the late 1980’s (1986 to 1989) as detailed in the table below.

DA/BA REFERENCE DEVELOPMENT TYPE DETERMINATION

D4122 D1. – 52/87 Additions and renovation to existing dwelling ‘Montrose’ and garage

Approved 23.02.87

BA 86/1004 Dwelling Approved 19.06.87

D 4122 D2. – 72/88 Replacement Dwelling Approved 19.02.88

D 4122 D3. – 550/88 Homestead for Wedding Receptions

Approved 20.10.88

D 4122 D4. – 644/89 Rural Outbuilding Approved 23.10.89

ATTACHMENT 1





DA/BA REFERENCE DEVELOPMENT TYPE DETERMINATION

DA 14/0123 Acoustic Shell Withdrawn 16.06.14

DA 14/0476 Dance Room, Acoustic Shell Enclosure and adoption of Functions Use in lieu of Wedding Functions

Withdrawn 10.12.14

14/0471 – Section 68 Stormwater drainage, sanitary drainage and water plumbing

Approved 5/2/2015

BC 15/0027 Building Certificate for food preparation area in barn building

Approved 10/6/2015

DETAILS OF PROPOSAL Development Application Development application 14/1332 was lodged with Council 22 December 2014 seeking development consent for the use of a store room within an existing cottage as a roadside stall and use an existing commercial kitchen within a barn building for the processing of agricultural goods for sale to the public. Roadside Stall The proposed roadside stall is to be located within a cottage building adjacent to the homestead. The floor area of the stall is 10.3m

2. The roadside stall will include display shelves and a service counter

and is proposed to sell fruit, berries, nuts and vegetables grown on site as well as products processed from agricultural produce including jams, sauces, pickles, chutneys, vinegars, pies and the like. No cooking or food preparation is proposed to be undertaken within the roadside stall, however food products for sale will be prepared in the kitchen area within the barn that forms part of this DA. The roadside stall will be staffed by the owners as well as casual staff. Depending on the season between 3-6 casual staff may be employed. The Statement of Environmental Effects (SEE) submitted with the DA details the opening of the roadside stall as follows:

Period Hours

Public Holidays 10.00am – 4.00pm

April to June Friday 10.00am – 4.00pm Saturday 10.00am – 1.00pm Sunday 10.00am – 4.00pm

July Closed

August to November Friday 10.00am – 4.00pm Saturday 10.00am – 1.00pm Sunday 10.00am – 4.00pm

December to March Thursday 10.00am – 4.00pm Friday 10.00am – 4.00pm Saturday 10.00am – 1.00pm Sunday 10.00am – 4.00pm

The application states that on days when wedding receptions are held, the stall will be closed prior to wedding functions. The cottage building within which the roadside stall is located is approximately 150m from the property entry off Ormond Road. An informal car parking area is located near the cottage building, which can accommodate approximately 5-6 cars. Cars entering and exiting the site will use the existing driveway and be able to enter and exit in a forward direction.





The application does not propose any signage. Barn Kitchen The application is also seeking approval for the use of an existing commercial kitchen located in the barn building for the processing of produce grown on the property to be prepared for sale in the roadside stall. This includes the processing of berries, fruit, nuts and vegetables into jams, sauces, pickles, chutneys, vinegars, pies and the like. The area of the kitchen is 41.7m

2.

The kitchen is staffed by 1-2 people depending on seasonal demands. The SEE submitted with the DA details the operating hours of the kitchen as follows:

Period Hours

December to March Monday – Sunday 8.00am to 5.00pm

April to June 8.00am – 5.00pm 1-4 days per week as required

July Closed

August to November 8.00am – 5.00pm 1-4 days per week as required

The application also states that when wedding receptions are held, the preparation of food for the wedding receptions takes priority over the preparation of stall products. It is also stated that the kitchen is used for a period of 9-10 hours during wedding receptions. The application states that the existing kitchen was inspected and approved by Council’s Health and Building Inspector in 2010. It should be noted however, that this was a food safety inspection and not a development application approval. A review of Council’s files shows that no development consent has been granted by Council for the establishment and use of a commercial kitchen in the barn. The applicant has also applied for Building Certificate for the commercial kitchen within the barn building which was approved by Council 10 June 2015. Neighbour notification/advertising of the proposed development was undertaken from 28 January 2015 to 19 February 2015. One submission was received in response to the neighbour notification. In addition a public meeting was held at Council on the 4

th February 2015 to discuss the activities and

uses occurring at the Montrose Berry Farm. The meeting was attended by 44 members of the public. The meeting was not held to specifically discuss this application for proposed roadside stall or use of the kitchen for processing farm produce. Subject Site and Locality The site is located at 11 Ormond Street, Sutton Forest and is legally described as Lot 2 DP 620221. The site is approximately 1.2km from the intersection of Exeter Road and the Illawarra Highway, Sutton Forest and approximately 4.5km to Exeter Village. Cunningham Park is opposite the property, located at the corner of Ormond Street and Exeter Road. An inspection of the site and surrounds was undertaken on 31 March 2015. The site is irregular in shape and has a total area of 13.13 hectares. The property has frontages to Exeter Road, Ormond Street, Conflict Street and Greenhills Road. Entry to the property is off Ormond Street on the northern property boundary. The topography of the site generally slopes from south to north, with the higher ground to the south. The house, cottage and barn buildings are located in the northern part of the property. Agricultural uses include the growing of berries, fruits and vegetables. The property contains three dams, the largest of which is located in the north east corner of the site. The dams are used for agricultural and water storage purposes.





A small shop space is located within the existing cottage building, which adjoins the homestead. The shop space is the proposed roadside stall. An aerial photograph of the site is shown at Figure 1. Photographs of the site are shown at Figures 2 to 5.

Figure 1: Aerial photograph of the site

Figure 2: Homestead and cottage buildings





Figure 3: Cottage building

Figure 4: Cottage and homestead





Figure 5: Existing Barn building

Surrounding Development The surrounding development comprises a mix of rural and rural residential land uses and open space. Cunningham Park is located opposite the property, located at the corner of Ormond Street and Exeter Road. To the west, north and of the site are rural residential properties off Conflict Street, with varying large lot sizes. Further south and east are agricultural uses including pasture, grazing and horse studs. The rural residential dwellings are typically separated by landscaped gardens, trees and other vegetation. The surrounding dwellings are a minimum of 200m from the Montrose Homestead. STATUTORY PROVISIONS ASSESSMENT – KEY ISSUES State Environmental Planning Policy (Sydney Drinking Water Catchment) 2011 As the site is within the Warragamba Catchment area, the provisions of the Sydney Drinking Water Catchment SEPP must be taken into consideration in the assessment of the application. The change of use application does not include any physical works and therefore the proposal is not considered likely to have any identifiable impacts on water flow or water quality. The proposal is therefore considered to have a neutral effect on water quality. Wingecarribee LEP 2010 The applicable planning instrument is the Wingecarribee Local Environmental Plan 2010 (the WLEP 2010) and the relevant provisions of the WLEP 2010 are discussed as follows.





Zoning The site is zoned E3 Environmental Management under the LEP. The kitchen use is defined in the WLEP 2010 as an ‘agricultural produce industry’. Roadside stalls and agricultural produce industry are permissible with consent in the E3 zone. Roadside stall is defined in the WLEP 2010 as “a place or temporary structure used for the retail sale of agricultural produce or hand crafted goods (or both) produced from the property on which the stall is situated or from an adjacent property.” The proposed development is consistent with the definition as ‘place’ is taken to include a building or area of a building and the proposal is to sell agricultural produce produced from the property. Agricultural produce industry means “a building or place used for the handling, treating, processing or packing, for commercial purposes, of produce from agriculture (including dairy products, seeds, fruit, vegetables or other plant material), and includes wineries, flour mills, cotton seed oil plants, cotton gins, feed mills, cheese and butter factories, and juicing or canning plants, but does not include a livestock processing industry.” The proposal to use the barn kitchen for the processing of farm produce including berries, fruits, nuts and vegetables complies with the definition of agricultural produce industry. The objectives of the E3 zone are to:

To protect, manage and restore areas with special ecological, scientific, cultural or aesthetic values.

To provide for a limited range of development that does not have an adverse effect on those values.

To encourage the retention of the remaining evidence of significant historic and social values expressed in existing landscape and land use patterns.

To minimise the proliferation of buildings and other structures in these sensitive landscape areas.

To provide for a restricted range of development and land use activities that provide for rural settlement, sustainable agriculture, other types of economic and employment development, recreation and community amenity in identified drinking water catchment areas.

To protect significant agricultural resources (soil, water and vegetation) in recognition of their value to Wingecarribee’s longer term economic sustainability.

The proposed development is consistent with the relevant objectives as the proposed development will:

include uses associated with the agricultural activities on the site that will not have an adverse effect on cultural and aesthetic values of the site;

encourage the retention of the historic and social values of the site through uses that contribute to the ongoing viability of the farm.

provide uses that contribute to sustainable agriculture and local employment;

not have adverse impacts on the areas ecological, scientific, cultural and aesthetic values; and

minimise the proliferation of buildings and other structures as the uses proposed will be contained within existing buildings.





Heritage Montrose House and gardens are listed as an item of local environmental heritage. The proposed roadside stall is located within the adjacent cottage, in a storeroom space which has been used for the sale of farm produce. The cottage building contains two double garage spaces, store room and a 2 bedroom cottage space with living room. This application seeks approval for the use of the storeroom as a ‘roadside stall’. The storeroom is currently being used for the sale of farm produce and a counter and shelving for the display of produce. No building works are proposed for the establishment of the roadside stall. It is considered that the use of the storeroom for the ongoing sale of farm produce will not have an adverse impact on the heritage significance of Montrose House and gardens. The use of the storeroom as a roadside stall is regularising an existing activity on the site. The shop activity is a minor use of the site and ancillary to the main agricultural activities on the site. It is noted that the heritage values of the property were considered during the assessment of a recent application for an acoustic shell enclosure on the property. The most significant heritage value was found to be within the landscaping around Montrose House, with the homestead itself substantially altered through latter additions. As noted above, no buildings works are proposed and no change to landscaping around Montrose House is proposed, therefore it is considered that the proposed roadside stall use will not have an adverse impact on the heritage significance of the property. Similarly the commercial kitchen is located within the barn building and its ongoing use for the preparation of produce and goods will not have any adverse heritage impacts. It is considered that the proposed uses will assist with the viability of the farm and in turn contribute to maintaining the heritage values of the property. Roadside stalls Clause 5.4 (8) the LEP requires that roadside stalls must not have a gross floor area exceeding 20m

2.

The proposed roadside stall has an area of 10.3m2 and therefore complies with this control. The area

of the kitchen is not considered to be part of the roadside stall, but is rather defined as an agricultural produce industry. Development Control Plans Rural Lands Development Control Plan The development is subject to the Rural Lands DCP. The Rural Lands DCP contains general provisions for development on the E3 – Environmental Management zoned land. The DCP contains specific objective and controls for roadside stalls. An assessment against the controls and objectives is provided in the table below:

A6.13.1 Objectives Comment Compliance

(a) Roadside stalls shall be appropriately located to ensure that patrons’ parking and movement around the stall does not present a danger to themselves or passing traffic.

The roadside stall is located within the property away from the informal car parking area and passing traffic.

Yes

(b) Roadside stalls shall be designed of traditional materials to complement the rural landscape.

The roadside stall will be located in an existing cottage building that sits within the rural landscape.

Yes

(c) Roadside stalls shall be designed to be easily cleaned and maintained to remain an attractive feature of the rural landscape.

The roadside stall is within an existing building and can be readily maintained.

Yes





A6.13.2 Controls

The roadside shall be: (a) located within the property boundary

The roadside stall is located within the property, approximately 150m from the property boundary.

Yes

(b) located at a point which does not impede the line of sight of passing traffic.

The location of the roadside stall will not impede the line of sight of passing traffic.

Yes

(c) located where associated roadside parking poses no potential danger to passing traffic, parked cars or stall patrons.

The roadside stall is located within the property and does not interfere with passing traffic or encourage roadside parking.

Yes

(d) constructed of materials which complement the surrounding environment

The roadside stall will be located in an existing cottage building that sits within the rural landscape

Yes

(e) constructed to ensure that produce is protected from weather extremes to ensure it remains safe for consumption.

The roadside stall is located within an existing building and produce will be protected from weather extremes

Yes

(f) properly maintained to ensure they remain clean and attractive.

The roadside stall will be located within an existing cottage and is capable of been properly maintained

Yes

The Rural Lands DCP contains controls for bushfire prone land. The southern boundary of the property is identified as bushfire prone – vegetation buffer. The cottage and kitchen are not located within the bushfire prone – vegetation buffer area. The access road into the property is an all-weather surface and also does not pass through the bushfire prone land. The property has a reticulated water supply available, hydrants and mobile firefighting unit as well as dams and accessible bore water. The application is seeking approval for an activity that currently occurs on the site and no increase in intensity of use is proposed. The Rural Lands DCP contains general controls for rural and extractive industries, however the DCP does not contain any specific controls that relate to the proposed use of the commercial kitchen for the processing of farm produce. An assessment against the DCP objectives for rural and extractive industries is provided below:

B4.2 Objectives Comment Compliance

(a) To ensure best practice methodologies and current recommended practices are employed by land owners / managers.

Minor upgrades to the kitchen are required and subject to a condition of consent.

Yes

(b) To ensure that no adverse impacts or effects occur as a result of any rural or extractive industries.

The proposed development will have not have any adverse environmental impacts.

Yes

(c) To ensure no pollutants are generated and / or released into the water catchments as a result of any rural or extractive industries.

Kitchen waste is disposed via a grease trap and septic system. Solid waste is sorted and collected by waste contractor.

Yes

(d) To ensure that no rural or extractive industries pose any risk or safety threat to any residents of the Shire.

The proposed use is not considered to pose any risk or safety threat.

Yes

(e) To ensure that any rural or extractive industries have mitigated any negative impacts prior to operation.

The proposal is to use an existing kitchen in an existing barn building and no works are proposed as part of this DA. The application is seeking

Yes





approval for a use that currently occurs on the site and no intensity of use is proposed.

(f) To ensure that all rural or extractive industries are subjected to regular testing and checking to ensure compliance with all relevant legislation and recommended practices

Council undertakes regular compliance checks of food preparation premises. Minor upgrades to the kitchen are required to ensure compliance with food safety standards.

Yes

The Rural Lands DCP also contains controls in relation alterations to and restoration of heritage items and for developments in the vicinity of a heritage item. The application does not propose any alterations or restoration works to Montrose House or the surrounding gardens. As noted above it is considered that the proposed roadside stall use will not have an adverse impact on the heritage significance of Montrose House. Similarly the commercial kitchen is located within the barn building and its ongoing use for the preparation of farm produce is not considered to have any adverse heritage impacts. Section 79C Evaluation The matters for consideration under Section 79C 1(a) and 1(b) of the Environmental Planning and Assessment Act 1979 (EP&A Act) which relate to compliance with State and Council planning instruments, impacts on the built and natural environmental and social and economic impacts have been addressed in this report. Section 79C(1)(c) of the EP&A Act require Council to consider the suitability of the site for the proposed development. The site is capable of and can appropriately accommodate the proposed roadside stall and kitchen as they are located within the property boundary, will not impact on passing traffic, and will not have any other adverse environmental impact in terms of noise, parking, heritage significance and waste. The use of the existing kitchen for the processing of farm produce is also suitable for the site and there will not be any adverse impacts on surrounding properties in terms of noise, odour or traffic. The application is considered to satisfactorily address the requirements of WLEP and WDCP and will result in a development that has an overall neutral or positive impact for the community and accordingly it is considered that the proposed development would be in the public interest. Relevant State Legislation Nil Relevant Commonwealth Legislation Nil CONSULTATION Neighbour Notification (or Advertising)/Public Participation The development application was notified to 21 surrounding properties for a period of three weeks between 28

th January to 19

th February 2015. One submission was received and the issues raised in

the submission are addressed below:





Issues Response

Use of Kitchen

The commercial kitchen in the barn is illegal, having been constructed with development consent, building approval or a construction certificate. The Council is precluded from retrospectively approving construction of the kitchen.

The submitted application is seeking approval for the use of the kitchen for the processing of agricultural goods. A building certificate for the commercial kitchen has been approved by Council on 10 June 2015. There is no legal impediment to prevent development consent being granted.

The development application should be amended and referred to the Sydney Catchment Authority

No external authority concurrences are required for the application.

The following conditions of consent were suggested: 1. Only agricultural produce grown on the

property or processed in the kitchen should be sold from the stall.

2. The kitchen is only to be used for processing of agricultural products and not for any other purpose including for wedding receptions or functions.

3. The hours of operation should be limited to 10.00am – 5.00pm Monday to Sunday.

4. Deliveries are to be limited to once per week.

5. Waste collections to occur wholly within the property.

6. All coaches attending the property are to be parked wholly within the property.

Appropriate conditions of consent can be imposed to manage the impacts of the proposal. These conditions are discussed below:

That the use of the kitchen is only for the processing of farm produce and no approval is being granted for the use of the kitchen for wedding receptions or functions.

The SEE detailed the hours operation of the kitchen for the processing of farm produce as 8.00am – 5.00pm, Monday to Sunday. These hours of operation are recommended to be included as a condition of consent.

Waste collection is to be undertaken wholly within the site.

All vehicles visiting the site must be parked wholly within the property.

Deliveries to the site for the roadside stall and kitchen will be limited to packaging, labels and supplementary kitchen supplies and the like as produce sold will be sourced from the site. Therefore deliveries are considered to have negligible impact on the road system or amenity to adjoining properties. The delivery hours recommended in the conditions of consent are 7.00am – 5.00pm Monday – Friday.

Roadside Stall

The following conditions of consent were suggested: 1. Only agricultural produce grown on the

property or processed in the kitchen should be sold from the stall.

2. Signage is to be wholly within the property and contain any other references (eg wedding receptions)

3. A prohibition on additional board signage or advertising of the shop/roadside stall along Exeter road between the property and the villages of Sutton Forest, Moss Vale and Exeter.

Appropriate conditions of consent can be imposed to manage the impacts of the proposal. These conditions are discussed below:

That the use of the kitchen is only for the processing of farm produce and no approval is being granted for the use of the kitchen for wedding receptions or functions.

The opening hours for the roadside stall be limited to 10.00am to 4.00pm, reflective of the opening hours stated in the SEE.

Waste collection is to be undertaken wholly within the site.

All vehicles visiting the site must be parked wholly within the property.





4. The maximum area of the roadside stall is to be specified.

5. The hours of operation should be limited to 10.00am – 5.00pm Monday to Sunday.

6. Deliveries are to be limited to once per week.

7. Waste collections to occur wholly within the property.

8. All coaches attending the property are to be parked wholly within the property.

Deliveries to the site for the roadside stall and kitchen will be limited to packaging, labels and supplementary kitchen supplies and the like as produce sold will be sourced from the site. Therefore deliveries are considered to have negligible impact on the road system or amenity to adjoining properties. The delivery hours recommended in the conditions of consent are 7.00am – 5.00pm Monday – Friday.

A condition of consent is proposed that will require a separate development application for signage.

External Referrals Nil Internal Referrals

Referrals/Notice Advice/Response/Conditions

Environmental Health Officer The Environmental Health Officer has reviewed the application and identified works that need to be undertaken and the provision of more detailed plans. The works include:

Provision of a hand wash basin;

Provision of exhaust ventilation above oven and cooktop

These matters can be addressed through appropriate conditions of consent.

SUSTAINABILITY ASSESSMENT Environment The proposed application seeks approval for the use of a storeroom area within an existing cottage as a roadside stall. The roadside stall proposes to sell products grown and processed on the berry farm and is located within the property. The application is also seeking approval for the use of an existing commercial kitchen located in the barn building for the processing of berries, fruit, nuts and vegetables into jams, sauces, pickles, chutneys, vinegars, pies and the like. There is informal parking for 5-6 cars in the vicinity of the roadside stall. There are also other grassed areas within the property able to be used for overflow parking if required. It is therefore considered sufficient off-street parking is available within the property. The roadside stall is only used for the sale of prepared goods and agricultural products and there is no cooking or food preparation within the stall. The operation of the kitchen will not have adverse environmental impacts in terms of odour, waste, or noise. Due to the small size of products sold at the roadside stall any supplies such as packaging, materials and foodstuffs would be minor in nature. Deliveries of these will be incidental to the existing farming and wedding activities occurring on the site. A condition of consent is proposed to limit deliveries associated with the proposed uses to between 7.00am – 5.00pm Monday – Friday.





The application does not proposed or seek approval for signage. A condition of consent is proposed that will require a separate development application for signage. It is considered that the proposed development will minimal environmental impact, which can be appropriately managed through conditions of consent. Social The proposed development will not have any adverse social impacts. The Montrose Berry farm provides visitors with the opportunity to pick berries and purchase products made or grown at the farm. A condition of consent is proposed to limit the opening hours of the roadside stall to 10.00am – 4.00pm Monday – Sunday and to limit the operating hours of the kitchen to 8.00am – 5.00pm Monday – Sunday to minimise potential amenity impacts to surrounding neighbours. Broader Economic Implication The roadside stall will sell farm produce processed on-site. The stall and kitchen are staffed by casual labour, with 3-6 staff employed throughout the year, subject to demand and growing season. The proposed use will therefore provide ongoing local employment and provide additional farm income. Culture The proposed uses are complementary to the agricultural activities on the site and provide opportunities for value added products to be made and sold to visitors to the farm. The sale of products through the roadside stall contributes to the ongoing viability of the farm, which in turn contributes to heritage values of the property. The proposed development will not have any adverse cultural impacts. Governance This application has been the subject of an independent assessment in accordance with the requirements of the EP& A Act, WLEP 2010 and WDCP. DISCUSSION OF KEY ISSUES The proposed development seeks approval for the use of a storeroom within the cottage for the purposes of a roadside stall and for the use of the kitchen in the barn for preparation and processing of farm products for sale in the roadside stall. The development application is seeking approval for the use of existing activities on the farm, for which development consent has not previously been sought nor granted. The development application is therefore seeking to regularise the approval of existing activities. No building works were proposed by the applicant. The development application states that the commercial kitchen was approved by Council’s Environmental Health Officer in 2010. It should be noted that whilst a food safety inspection was carried out in 2010, no development consent was granted for the fitout of a commercial kitchen in the barn building. The original development application for the barn included a storeroom and berry sorting room in the location of the existing commercial kitchen. Whilst the establishment of a kitchen for the processing of farm produce is considered an acceptable use on the site, development consent should have been sought for such uses. A Building Certificate has been issued by Council on 10 June 2015 for the commercial kitchen within the barn building. Approval of Building Certificate not provided Council with the opportunity to grant consent for its use. Council’s Environmental Health Office has identified that minor works are required to kitchen to ensure it complies with the relevant food safety standards, including upgrades to





provide additional hand washing and ventilation facilities and a condition of consent is proposed requiring these works to be undertaken. A separate development application has also been lodged which seeks approval for the use of barn for wedding receptions. The application for the use of the barn for wedding receptions is the subject of a separate assessment. This application also relies on the use of the kitchen for the preparation of food for weddings. Approval of this application has no bearing on the determination of the DA for the wedding receptions. The assessment and determination of the application for a roadside stall and use of the kitchen to prepare and process farm products in no way authorises or approves the use of the kitchen for weddings or other functions nor approves the use of the barn for holding wedding receptions or functions. This is reflected in the proposed conditions of consent. As discussed in this report, Montrose House is a listed heritage item. The proposed use of a room in the adjoining cottage is not considered to have any adverse heritage impacts. Similarly the use of the kitchen to produce products for sale at the roadside stall is not considered to have any adverse heritage impacts. CONCLUSION The proposed development seeks approval for the use of a storeroom within in an existing cottage as a roadside stall. The application also seeks approval to use the existing kitchen in the barn building for the processing of existing farm produce into products such as jams and pies for sale at the roadside stall. The development application is seeking approval for the use of existing activities on the farm and the application is therefore seeking to regularise the approval of existing activities. The proposed uses are considered to have minimal environmental impact in terms of parking, noise, odour and waste and the site is suitable for the proposed development. Appropriate conditions of consent are proposed to manage the potential impacts of the proposed development. It is recommended that development application 14/1332 at Montrose Berry Farm, Lot 2 DP 620221, 11 Ormond Street, Sutton Forest be approved subject to conditions. Conditions 1. Compliance Development is to take place in accordance with the following plans and documentation submitted with the application and subject to the conditions below, to ensure the development is consistent with Council's consent.

Title No. Date Prepared By

Floor Plan DA-A09 Issue A 18/12/2014 Allman Johnson Architects

Floor Plan DA-A10 Issue A 18/12/2014 Allman Johnson Architects

2. Use not to commence The use of the roadside stall and kitchen is not to commence until the required works to the kitchen have been completed in accordance with this consent and a final inspection carried out and approved by Council staff.





3. Restriction of Use The commercial kitchen located in the barn building is only to be used for the processing of farm produce for sale in the roadside stall. Use of the kitchen for any other purposes such as use associated with weddings and functions is not approved. A separate development consent must be obtained from Council for the use of the kitchen for weddings or other functions. 4. Hours of Operation The opening hours of the roadside stall are limited to between 10.00am and 4.00pm, Monday to Sunday, to maintain the amenity of the locality. The hours of operation for the kitchen for the processing of farm produce are 8.00am – 5.00pm Monday to Sunday. 5. Waste Management and Collection The site must have a sufficient number of bins to contain the volume of waste and recyclable material expected to be generated by the proposed development. Waste collection must be undertaken wholly within the property. 6. Food Premises The premises must be set up and operated in accordance with the Food Act, the Food Regulations and the Food Safety Standards. The premise is to be fitted out in accordance with the Australian Standard AS4674 – 2004. In particular the following works are to be undertaken:

Installation of a hand wash basin in the eastern part of the kitchen, no further than 5.0m from any workspace where unprotected ready-to-eat food may be handled. The basin must not be obstructed by any other equipment, walls; partitions or doorways.

Installation of exhaust ventilation above the oven and cooktop.

Installation of a cleaners sink inside or in close proximity to the kitchen, with hot and cold water connected.

Detailed plans are to be provided showing all fittings and equipment, and finishes to walls, floors and ceilings in the food handling area. Note: A construction certificate shall be obtained prior to the commencement of these works and the works shall be completed prior to the issue of an occupation certificate. 7. Food Preparation No cooking or food preparation is to occur in the roadside stall. 8. Parking and Access All vehicle parking is to be off-street and located within the property boundary. All vehicles entering and exiting the site must to so in a forward direction. 9. Deliveries All deliveries are to occur between 7.00am – 5.00pm Monday – Friday.





10. Signage No approval for signage is granted. A separate development application for signage is required to be submitted to Council for any proposed signage.



ATTACHMENT 2 Proposed Plans of Development


ATTACHMENT 2

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