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Document Sample
Ordinary Meeting of Council
3 December 2007 Page 1
REF: CM234/07
79 PRINCES HIGHWAY, FAIRY MEADOW - USE OF UNIT 1 AS A BULKY GOODS
SALESROOM FOR THE RECEIPT, ASSEMBLY, STORAGE AND SALE OF ARCHERY AND
FIREARM PRODUCTS AND ERECTION OF SITE SIGNAGE
DA-2007/1132
ITEM 1
Report of Manager Development Assessment and Compliance (EF) 20/11/07
PROGRAM Development Management
FUNCTION Development Assessment and Compliance
STRATEGY Ensure that all council approved development complies with statutory requirements
and other conditions of approval.
PRECIS
The proposal is for a sign and a bulky goods showroom/salesroom which is permissible with
consent subject to satisfying clause 11 of Wollongong LEP 1990. Although there has been some
opposition to the proposal, especially from the school community, the proposal complies with the
relevant planning controls.
The proposal was the subject of a Formal Facilitation Meeting and is now being reported to Council
for determination at the request of Councillor Brown and Councillor Wood.
RECOMMENDATION
Council approve Development Application DA-2007/1132 and delegate authority to the
General Manager for the imposition of conditions substantially in accordance with the conditions
attached to this report.
BACKGROUND
Situated on the subject site are two industrial buildings, each containing two units. The proposal
relates to Unit 1, which directly fronts the Princes Hwy, and has a floor area of approximately
200m2.
PROPOSAL
Development consent is sought for -
1 The use of Unit 1 as a bulky goods salesroom/showroom for the receipt, handling, storage
and display of recreational sporting articles which will include the sale of archery and firearm
products.
2 The erection of a sign (2.2m breadth x 0.2m width x 5.3m height) containing four panels
(1.8m x 0.57m each), one for each of the four tenancies on the site. The sign is proposed to
replace the existing horse structure on the site located within the front setback.
CONSULTATION AND COMMUNICATION
The proposal was placed on public notification pursuant to Council’s notification policy and the
requirements for ‘advertised’ development (EP&A Regulations 2000).
To date, 17 submissions have been received and one petition from St John Vianney’s School
containing 25 signatures. The primary concerns raised in these submissions are summarised as
follows with comments provided.
Wollongong City Council
Ordinary Meeting of Council
Page 2 3 December 2007
Issue:
Fear for the safety and welfare of the community including school children, parents, and employees of businesses in the
same complex.
Assessment Comment:
ITEM 1
Officers are not aware of any relevant studies that would indicate that this suggested fear is well
founded. Council’s role is to either approve or refuse the application for the use of the premises.
The matters that Council is to take into consideration in making this decision are discussed further
in the report but are essentially restricted to environmental and planning considerations. Should
Council resolve to support the application, there are various other stringent controls the business
would need to comply with which include:
- Firearms Act 1996 (NSW);
- Firearms Regulation 2006 (NSW); and
- NSW WorkCover Authority requirements.
The legislature provides that the Commissioner for Police must be satisfied that the premises are
suitable for carrying on the business of firearms dealer and issue a licence in this regard, there are
certain requirements for the persons carrying on the business, as well as operational aspects of the
business including recording of transactions, securing of firearms, storage of ammunition,
inspections by Police officers, and advertising restrictions.
Should Council resolve to grant consent to the application, it is recommended that a condition be
imposed restricting what can be displayed in the front window of the shop and ensuring there are no
direct sight lines from the school property to the front display of the shop (see draft condition 13,
Attachment 3). It is also recommended that a condition be imposed ensuring all packaging is
contained within the building or in a locked skip bin, out of sight and reach of the general public
(see draft condition 12, Attachment 3).
Issue:
The proposal will increase crime in the locality.
Assessment Comment:
Officers are not aware of any studies that have shown that there is a clear correlation between the
location of premises selling guns and crime in the locality.
Issue:
The site is inappropriate for the proposed use given the proximity to schools, the church, and residential houses. A
commercial industrial location would be more appropriate.
Assessment Comment:
The subject site is zoned 4(a) Light Industrial which is considered an appropriate zone for the
proposal. However, the site adjoins zone 2(a) Low Density Residential to the north which is the site
of the school and church. Council does not have any planning controls in place which restricts the
location of a gun shop in relation to residential houses, schools or churches.
Formal Facilitation Meeting
A Formal Facilitation Meeting was held on 7 November 2007 and 23 residents attended. The notes
from this meeting are attached (see Attachment 4).
Wollongong City Council
Ordinary Meeting of Council
3 December 2007 Page 3
Internal Referrals
The proposal was referred internally to Council’s Traffic Department and Community Services (Safe
Community Action Team). The following recommendations arose from these referrals and these
would be incorporated into conditions should Council resolve to grant consent to the application -
ITEM 1
- car park line marking is refreshed and one space be designated as a disabled space;
- a bicycle parking rail is provided;
- windows need to be secured by way of bollards or other treatments to prevent cars or trucks
driving into the front of the shop;
- removable steel bollards would be required to further secure the side roller doors; and
- the premises would need to be alarmed and duress buttons available for staff during
operating hours.
PLANNING AND POLICY IMPACT
State Environmental Planning Policy No. 64 – Advertising and Signage
The proposed sign has been assessed against -
- objectives of Policy (clause 3(1)(a);
- the assessment criteria set out in Schedule 1; and
- Transport Corridor Outdoor Advertising Signage Guidelines (July 2007) as required by
Draft SEPP 64.
In light of these considerations, it is considered that a sign of a reduced width of 1.8m and height of
4m would be more appropriate given the other signage in the locality and the proximity of the sign
to the Princes Hwy. It is recommended, should Council resolve to grant consent to the application,
that a condition be imposed in this regard requiring a reduction in the size of the sign.
Clause 14 restricts the duration of any consent granted for signage. Should Council resolve to grant
consent to the application, a condition would be imposed in accordance with clause 14 stating that
the consent for the sign would expire 15 years after the date on which the consent becomes
effective.
Wollongong Local Environmental Plan 1990
The subject site is zoned 4(a) Light Industrial and bulky goods showroom or salesroom is
permissible with consent subject to satisfying clause 11.
Table 1:
Clause 11 Requirements Applicant’s Response
(a) the development is consistent with one or The proposal will provide a service that will
more of the objectives of the zone in which not interfere with the amenity of the
it is proposed that it be carried out, neighbourhood.
(b) the development is necessary for any one The proposal will provide a service primarily
of the following reasons: for the area and will meet an urgent community
(i) it provides a service primarily for the need:
area, - there are no similar businesses in the LGA
(ii) it meets an urgent community need, north of Unanderra; and
(iii) it comprises an owner-occupier - an indoor shooting range has been
operated small scale tourist related approved at Brownsville and this proposal
development, is expected to meet the demand arising
(iv) the most exceptional circumstances from this facility.
apply,
Wollongong City Council
Ordinary Meeting of Council
Page 4 3 December 2007
Clause 11 Requirements Applicant’s Response
(c) no more appropriately zoned site or (if Bulky goods salesroom/showroom is
appropriate) accommodation is available in permissible in the business and commercial
reasonable proximity to the proposed zones. In this instance it is considered that it is
development or the proposed development more appropriate to locate such a facility in an
ITEM 1
constitutes a change from an existing use, industrial zone on a site that as car parking
within the meaning of Division 10 of Part 4 available directly at the front door.
of the Act,
(d) adequate car parking (if relevant) can be Car parking complies with DCP 6 and the
provided and any increase in traffic will be traffic that the proposal will generate is
small compared to existing traffic, negligible.
(e) there will be minimal interference with the The proposal will not generate noise or odour
amenity of the area, that would impact on the amenity of the
locality.
(f) the development is generally in character The building already exists, the proposal is for
with the scale and ambience of the the use of Unit 1 of this building.
immediate area, and
(g) if the development will provide a service, There are no similar businesses between
there is a clear need for the service in the Sydney and Dapto/Unanderra. The recently
area. approved range at Brownsville creates a
demand which this proposal is expected to
meet.
The aims of the Wollongong LEP 1990 include:
(c) to protect and improve the quality of life and the social well-being and amenity of local residents;
(d) to encourage economic diversification and growth of the business and industrial base to increase
employment.
The objectives of the 4(a) Light Industry zone are:
(a) to cater for a wide range of manufacturing and service activities that will not interfere with the amenity of
nearby residents, and
(b) to allow some diversity of activities that will not prejudice achievement of the objective referred to in
paragraph (a) or significantly detract from the operation of existing or proposed manufacturing and
service industries or the amenity of nearby residents.
These aims and objectives refer to maintaining the amenity for local residents. Amenity is not
clearly defined in any statute or any of Council’s planning controls. However, amenity can include
matters such as acoustics, traffic, visual aesthetics, the character of the area, odour, dust, and smoke
fumes.
Section 79C(1) of the EP&A Act 1979 also requires that the consent authority take into
consideration the likely social impacts of the proposal. To a large extent, amenity and social factors
overlap. While the consent authority must take these matters into consideration, this is limited to
environmental and planning aspects of amenity and social impact, and cannot extend to moral
considerations. A review of relevant case law indicates that fear, without a rational foundation
supported by clear, objective evidence, is not a relevant consideration under section 79C(1).
The proposal is not expected to interfere with the amenity of the neighbourhood by way of noise,
traffic, odours, dust or smoke. In regard to visual aesthetics, the applicant has advised that no guns
can be displayed in the front windows of the premises.
Wollongong City Council
Ordinary Meeting of Council
3 December 2007 Page 5
Development Control Plan No.6 – Commercial and Industrial Development
Car parking was addressed at the time the buildings were constructed. There are four car spaces
allocated for Unit 1, and this complies with Council’s requirements for a bulky goods
salesroom/showroom.
ITEM 1
RISK ASSESSMENT
There are no known risk or insurance implications expected as a result of this proposal.
FINANCIAL IMPLICATIONS
The cost of the proposed development is less than $100,000 and does not trigger the payment of a
levy under Council’s Section 94A Development Contributions Plan 2006.
OPTIONS
1 Council delegate authority to the General Manager to determine the application by way of
approval subject to the conditions attached; or
2 Council resolve to refuse the application and provide reasons for refusal.
CONCLUSION
There has been some opposition to the proposal, especially from the school community given the
proximity of the school and church to the premises. However, the proposal complies with the
relevant planning controls and as such, is recommended for approval subject to the conditions
attached.
Name Position Title Date Signature
This report provides Councillors with all the relevant information and is correct at the time of writing.
This information has been relied upon in preparing the report and its recommendations. Signed by:
Erin Fuller Development Project Officer 20/11/07
Manager Development Assessment &
John Gilbert 20/11/07
Compliance
Peter Kofod Acting Group Manager Sustainability 21/11/07
ATTACHMENTS
1. Aerial Photograph and Zoning Map
2. Signage and Site Plans
3. Draft Conditions of Consent
4. Formal Facilitation Notes
Wollongong City Council
Page 6 ATTACHMENT 1 - Aerial Photograph and Zoning Map
Proposed
Bulky Good
Salesroom
Figure 1: Context and Locality
Figure 2: Zoning under Wollongong LEP 1990
Wollongong City Council
ATTACHMENT 2 - Signage and Site Plans Page 7
Wollongong City Council
Page 8 ATTACHMENT 2 - Signage and Site Plans
Wollongong City Council
ATTACHMENT 2 - Signage and Site Plans Page 9
Wollongong City Council
Page 10 ATTACHMENT 3 - Draft Conditions of Consent
DRAFT CONDITIONS FOR : DA-2007/1132
General Matters
1) Building Work - Compliance with the Building Code of Australia
All building work must be carried out in compliance with the provisions of the Building Code of
Australia.
2) Restricted Consent Period – Sign Only
This development consent, for the sign only, is valid for a period not exceeding 15 years from the
date shown as “endorsement date of consent” on this notice. At the end of this period the
development must cease and the sign be removed or another application can be made to Council
to retain this sign.
3) Advertising Signage
This consent authorises the erection of a directory advertising sign only as shown on the
approved plan and amended as follows:
• the overall height of the sign shall not exceed 4 metres; and
• the overall width of the sign shall not exceed 1.8 metres.
This sign shall only display the business names and logos of those businesses conducted on the
site.
Any additional advertising signage will require separate Council approval.
4) Occupation Certificate for Change of Use
A final Occupation Certificate must be issued by the Council prior to occupation or use of the
development. In issuing an Occupation Certificate, the Council must be satisfied that the
requirements of Section 109N of the Environmental Planning and Assessment Act 1979, have been
complied with as well as all of the conditions of the Development Consent.
Prior to the Issue of the Occupation Certificate
5) Additional Security Measures
The premises could be subject to ‘ram raids’ and additional security measures to prevent vehicles
driving through the front display windows and the side roller door shall be installed. This shall
include at minimum steel bollards along the frontage of the building and removable steel bollards
along the roller door opening. These measures shall be to the satisfaction of Council at all times.
The store shall be alarmed at all times and duress buttons available for staff during operating
hours.
6) Car Parking
The line marking designating the 16 car spaces on the site shall be refreshed. One of these
spaces at the front of the site shall be designated as disabled and marked with a disabled parking
symbol.
7) Bicycle Rail
An “inverted” style bicycle parking rail shall be provided at the front of the building, near the
main entrance, for the use of visitors.
Operational Phases of the Development/Use of the Site
8) Restricted Hours of Operation
The hours of operation for the development shall be restricted to 9am to 6pm Monday to Friday,
8am to 4pm Saturday and closed on Sunday. Any alteration to the approved hours of operation
will require separate Council approval.
9) Storage of Goods and Materials
All goods, materials and equipment shall be stored within the building and no part of the land
shall be used for purposes of storage.
Wollongong City
Council
ATTACHMENT 3 - Draft Conditions of Consent Page 11
10) No Display of Goods and Materials Outside Premises
The placement of any cabinet, display stand, racks or any other means of displaying goods,
whether or not for sale shall not be located on any property boundary, road reserve or outside
the premises.
11) Loading/Unloading Operations/Activities
All loading/unloading operations are to take place at all times wholly within the confines of the
site and during opening hours only.
12) Waste Management
All waste shall be contained within a secured skip bin and shall be appropriately disposed of.
The skip bin shall be secured at all times and no packaging or other waste shall be kept on site
unless secured in the skip bin or within the building.
13) Front Display
No guns or ammunition shall be displayed in the front display that fronts the Princes Highway.
Any display of articles or promotional material in this display shall be low key.
At no times shall direct sight lines from within the school property to the front display be
permitted. This sight line shall be obscured by way of a 1.8m fence and/or appropriate
landscaping.
14) Legislative Requirements
The development shall comply with all other relevant legislative requirements, including the
Firearms Act 1996 (NSW) and the Firearms Regulation 2006 (NSW).
15) WorkCover
All requirements of NSW WorkCover Authority shall be complied with and this responsibility
lies with the proponent.
Wollongong City Council
Page 12 ATTACHMENT 4 - Formal Facilitation Notes
NOTES OF FORMAL FACILITATION MEETING - DA-2007/1132 - LOT 13 DP4124
79 PRINCES HIGHWAY, FAIRY MEADOW
Held 5.17 pm on Wednesday, 7 November 2007
Council Chambers
PRESENT:
Councillor Brown (Chairperson) Councillor Wood
Councillor Zanotto Councillor Jonovski
Councillor Anthony S and M Simpson (applicant)
J Scimone (JS Consulting Services) 23 residents (as per attendance sheet)
Erin Fuller - WCC Andrew Carfield - WCC
PRESENT:
Lord Mayor Councillor Darling Ms L Filippi
1 Presentation of Submission - Mr S Simpson - Applicant
Mr S Simpson advised that he had 30 years’ experience in the handling of firearms and 5
as manager of the Firearms Department at the former Ern Webb’s Sports Store in
Wollongong.
Mr Simpson hoped that those present would consider the information he will be
presenting and hoped that it is understood that this facility offers no more of a threat to
the community than any other operation.
Firstly, the entrance is set back from the Princes Highway and onsite customer parking is
provided. The glass facade is laminated safety glass and is coated white. The white
coating prevents visibility from the outside into the store. Mr Simpson said that
advertising and signage will not be of a graphic nature and firearms brought into the
store will be transferred directly between the vehicle and store and vice versa. Firearms
purchased from or brought into the store will be carried in proper purpose-designed
covers or cases. Also, all firearms entering or leaving the premises are required to be
sufficiently packaged and covered from plain view and must be in an inoperable state.
Mr Simpson stated that clientele will be required by Law to hold and produce a current
Firearms Licence. All those who hold such a licence are educated in the safe handling,
transportation, storage and operation of firearms and are also required to be law-abiding
citizens. Firearms cannot be brought on impulse and the licence holder must obtain a
permit to acquire in order to purchase a firearm. The process includes a 28 day cooling
off period between the permit being lodged and the approval of the purchase.
Mr Simpson wanted to clearly point out that there is no link between the operation of
such a facility and an increase in criminal activity in the local area. Security measures
will ensure that any break-in or theft is minimal. The premises will be monitored by a
motion-sensing alarm, including the glass facade and there will be 24 hour video
surveillance which will be monitored by an independent security company. Ram-raid
bars will also be fitted, as well as a duress alarm. Firearms will be stored in a fixed,
locked safe or in a locked wall-mounted display.
Wollongong City Council
ATTACHMENT 4 - Formal Facilitation Notes Page 13
Regulations pertaining to the safe storage of firearms for dealers are strictly monitored
and enforced by NSW Police Licensing. Spot checks which include police inspections take
place regularly and are unpredictable and ensure that all dealers comply with current
stringent legislation.
In relation to the proximity to the Catholic school, Mr Simpson asked that the following
be noted -
1 There is no visibility for students or staff into the facility from the school premises
as the two sites are screened by colour-bond fencing and trees/shrubs.
2 The entrance, glass facade, parking spaces and driveway are located on the
opposite side of the site to the school, with the main entrance to the school being
from Cabbage Tree Lane and McGrath Street.
3 Due to there being ‘No Parking’ restrictions on the highway, in front of the store,
customers will be unable to park in a position which is visible to staff or students.
4 Store policy will ensure that people entering the store under the age of 16 are
accompanied by a responsible adult.
Mr Simpson tabled an information sheet for the information of those in attendance (see
Attachment 1).
2 Impacts of the Proposal and Compliance with Policy - Ms E Fuller
Ms Fuller showed an aerial photograph of the proposed site. She advised that the
proposal related to Unit 1 and there were 4 units on site. The proposal also had another
component, which is signage. The development was for a bulky goods salesroom which
included the receipt, handling, storage and display of recreational sporting articles.
These articles include the sale of archery and firearm products.
Council, when assessing the development application, has to assess it in accordance with
the Environmental Protection and Assessment Act and in particular, Section 79(C). This
Act requires that Council take into consideration any environmental planning
instruments, including State and Local Planning Policies, as well as the Regional Plan.
The Act also talks about Development Control Plans which provide more detail and
elaborate on the Local Environmental Plan. Council must also look at the likely impact on
natural and built environments, the social and economic impacts of the locality, the
suitability of the site, submissions received and public interest.
Ms Fuller advised that in the case of this proposal, planning controls include the
Wollongong Local Environmental Plan, Development Control Plan No. 6 for Commercial
and Industrial Developments and in terms of signage, there is the State Environmental
Planning Policy (SEPP), as well as the draft SEPP.
To the north of the site, there is 2(a) Low Density Residential; on the opposite side of
the Highway there is Medium Density Residential and to the south (for approximately
400m) and including the subject site, there is 4(a) Light Industrial land.
Wollongong LEP has some broad objectives, which include the provision of a framework
for land use management in the City of Wollongong to achieve the following objectives -
a To protect and improve the quality of life and social well-being and amenity of
local residents.
b To encourage economic diversification and growth of the business and industrial
base to increase employment.
Wollongong City Council
Page 14 ATTACHMENT 4 - Formal Facilitation Notes
Ms Fuller said that the objectives of a 4(a) Light Industrial site include -
a Catering for a wide range of manufacturing and service activities that will not
interfere with the amenity of nearby residents.
b Allowing some diversity of activities that will not prejudice achievement of the
objective referred to in (a) above, or significantly detract from the operation of
existing or proposed manufacturing and service industries or the amenity of
nearby residents.
Amenity and social impact are difficult to asses. Ms Fuller advised that there were a
number of things listed in Council’s policies, but she would think that the following would
be considerations -
a Acoustic amenity.
b Traffic congestion.
c Scenic amenity.
d Visual amenity.
e Character of the area.
f Odour.
g Dust.
h Smoke.
i Fumes.
In terms of social factors, Ms Fuller stated that there is a State-wide policy called ‘Crime
Prevention’ and she also had to give consideration to the availability and provision of
services. A link also needs to be made between the social impacts and planning
considerations.
Ms Fuller said that as a Planner and in accordance with legislation, she could only take
into consideration planning and environmental matters. Also the amenity and social
affects need to be considered, but when looking at that, Council officers must look at
ways of designing the building to reduce the risk of crime. Therefore, Council would be
looking at trying to avoid concealing areas outside.
Section 79(C)(1) relates to the suitability of the site and it asks Council to look at the
constraints of the site, eg bushfire, geotechnical, whether there are threatened species,
flood prone, etc. The existing infrastructure also needs to be looked at to ensure it can
cope with the proposal, along with the availability of utilities and services and also
acoustic amenity of the locality.
The application must also satisfy the criteria of Clause 11 of the Wollongong LEP, as
follows -
Cl.11 matters to be satisfied: Applicant’s Response:
(a) the development is consistent with one or more The proposal will provide a service that will not
of the objectives of the zone; interfere with the amenity of the neighbourhood.
(b) the development is necessary for any one of the
following reasons: The proposal will provide a service primarily for
- it provides a service primarily for the area; the area and will meet an urgent community need:
- it meets an urgent community need; – there are no similar businesses in the LGA
- it comprises an owner-occupier operated north of Unanderra; and
small scale tourist related development;
– an indoor shooting range has been approved
- the most exceptional circumstances apply.
at Brownsville and this proposal is expected to
meet the demand arising from this facility.
(c) no more appropriate zoned site or (if Bulky goods sales rooms or showrooms are
appropriate) accommodation is available in permissible in the business and commercial zones.
reasonable proximity; In this instance it is proposed that it is more
appropriate to locate such a facility on industrial
Wollongong City Council
ATTACHMENT 4 - Formal Facilitation Notes Page 15
Cl.11 matters to be satisfied: Applicant’s Response:
zoned site that has car parking available directly at
the front door.
(d) adequate car parking can be provided and any Car parking complies with DCP 6 and traffic
increase in traffic will be small compared to generation negligible.
existing traffic;
(e) there will be minimal interference with the The proposal will not generate noise or odour that
amenity of the area; would impact on the amenity of the locality.
(f) the development is generally in character with The building already exists, the proposal is for the
the scale and ambience of the immediate area; use of Unit 1 of this building.
and
(g) if the development will provide a service, there is There are no similar businesses between Sydney
a clear need for the service in the area. and Dapto/Unanderra.
Recently approved indoor range at Brownsville
creates a demand which this proposed facility will
meet.
In terms of signage, Ms Fuller advised that she needed to refer to State Environmental
Planning Policy No. 64 for Advertising and Signage.
The proposal has also been referred to Council’s Traffic Engineer and Safe Community
Action Team (SCAT). The recommendations received from the Traffic Section and SCAT
included -
the repainting of the line marking in the car park, as well as the provision of one
disabled car space.
windows needed to be secured by way of bollards or other treatments to prevent ram
raids.
the premises are to be alarmed and duress buttons provided.
there must be anti-graffiti treatments.
A number of submissions were received and the main points raised include -
a fear for the safety and welfare of the community and this includes school children,
parents and employees of businesses in the same complex.
the proposal will increase crime in the area.
the site is inappropriate for the proposed use given the proximity to schools, church
and residential homes.
a commercial or industrial location would be better suited for this type of business.
3 Residents’ Submissions
Mrs M Pierro - see submission - Attachment 2 to these notes.
Mr Ken Bryant, School Principal - St John Vianney’s Catholic School - Mr Bryant
advised that the school had been located at its present site for almost 60 years. He was
opposed to the proposed development of a bulky goods sales room for the assembly,
storage and sale of archery and firearm products at Unit 1, 79 Princes Highway,
Fairy Meadow.
Mr Bryant did not seek to deprive the community of such a facility and said that in
Australia, we were blessed with fire arm control laws which allow for the responsible use
of firearms within our society. A proposal such as this would undoubtedly provide an
important support for citizens who engage in pursuits supported by such an industry.
Wollongong City Council
Page 16 ATTACHMENT 4 - Formal Facilitation Notes
Mr Bryant was not in opposition to guns or firearms, however, stood in opposition to the
proposed location of this facility on a site adjacent to his School. He also said that the
site lay within a significant academic precinct which contains another two primary and
two high schools.
He questioned the objective of a 4(A) Light Industrial Zone which states that approval
will be given to activities which do not interfere with the amenities of nearby residents.
He stated that this proposal will have a significant impact on the amenities of the School.
Some Councils under EPA regulations restrict the development and establishment of
certain businesses within the proximity of a school. A brothel or massage parlour, for
example, are not permitted by some councils within proximity of a church or school.
Whilst Mr Bryant did not want to compare this proposal with a brothel, he felt the
arguments to restrict them are similar. Such facilities have the potential to have an
enormous affect on the social, psychological and emotional well being of children.
Part of the registration requirements for a school is the provision of a safe and supportive
environment and so a school is called to have policies and procedures in place that
provide for student welfare. A safe environment for students is one in which the risk of
harm is minimised and students feel secure.
Mr Bryant said that the establishment of this salesroom poses a significant risk to the
feeling of security among children. The facility would be established directly adjacent to
the Kindergarten and Year 1 block and these children of the ages of 4, 5 and 6, were
highly impressionable and their anxiety levels can be easily heightened. A facility
providing primarily for the use of weapons and firearms has the potential to significantly
affect this feeling of security. He felt that it could be possible, from the classroom
windows, to see persons collecting or delivering such goods. Also, in their daily travel to
and from school, children may be affected by the visual impact of signage and display of
any such goods.
It was extremely difficult to gather empirical data to gauge the extent of such a proposal
on young children. Nonetheless, in Mr Bryant’s experience, which totals almost 30 years
working with children, and in the opinions of the many colleagues with whom he has
discussed the proposal, this development has the potential to significantly heighten
children’s anxiety.
Mr Bryant felt that another possible affect of such a facility could be the glamorisation of
such products amongst older children, particularly those in Years 4, 5 and 6. Sporting
shooters and archers rightly undertake vigorous training and education in regards to the
appropriate use of and attitudes to weapons.
Prominent signage and visual displays carry no such educational direction. Who then,
does the responsibility fall to educate these impressionable young concerning the
responsible attitudes to weaponry? This is a task that requires an immediate and
necessary response if this facility were approved in the current location. He asked
whether this responsibility should fall to schools in an already overcrowded curriculum?
Should it fall to parents who perhaps would find it necessary or desirable to delay such
discussions with children until they have reached greater maturity?
A further consideration is the potential target that this development may provide for
violent crime. It would seem to Mr Bryant that there would be a heightened risk of
people using school premises as an illegal access or entry point for theft. It would seem
essential to examine any such data pertaining to such crimes prior to making any
decision concerning this application.
Wollongong City Council
ATTACHMENT 4 - Formal Facilitation Notes Page 17
It was advised that in recent months a similar proposal was put before Kur-ing-ai Council
and that proposal was located opposite a child care centre. Amidst much community
concern, the proposal was approved. However, Mr Bryant had recently been informed
that this decision is currently under review for the very reasons he has outlined above.
He believed that Council has an obligation to and a duty of care for the well being and
safety of the students at his School, and other schools in the vicinity of the proposed
facility. These children are the future of our community and our wider society. He
believed that their well being would be jeopardised by this proposal and that we as a
community cannot afford to have students with either heightened anxiety or a de-
sensitisation to the issue of weaponry.
Even if this proposal can be successfully relocated to another business site, Mr Bryant
recommended that any signage or promotional material be modified so as to not draw
the attention of young children. He also suggested that any display of goods be not
visible from the street.
In conclusion, Mr Bryant said that the issue was of great concern to the community. As
Principal of St John Vianney’s and a representative of staff and students, he urged
Council to refuse the application. In taking this stand, he believed that Council would be
acting for the greater good of the students at the school and for the community at large.
Mrs V Hussain advised that following the disbandment of Neighbourhood Committees
that the former NC4 now met independently. At a meeting on 6 November, there was
lively discussion on this proposal.
Generally speaking, she felt that people who own firearms are very responsible and
comply with legislation, however, parents, teachers and students do not feel safe with
the knowledge that such a development may be allowed on the adjacent site.
She said that the applicants have advised that there will be bollards, the windows will be
blocked from viewing from the outside in and also there will be a duress alarm - she felt
that these measures would imply that they are expecting crime. Also consideration
needs to be given that as well as the nearby school, there is also a church next door
which is particularly used over the weekend and she felt that the concerns of the church
had been overlooked.
Mrs Hussain enquired about the quantity of ammunition which will be stored at the
facility. If there was the possibility of this ammunition exploding, then this would cause
a further unsafe situation for the school. Mrs Hussain felt the facility presented clear and
present danger due to the storage of ammunition.
She said that Clause 11 states that a development should ‘service the need of the
community’ and she asked to be advised how strong was that need. If the proposal were
to proceed, she asked whether a suitable high fence would be installed to prevent access
to the school or vice versa.
In relation to other suitable locations, Mrs Hussain felt that the facility should be placed
either at the location of the Brownsville range, or in close proximity to that site. Another
option raised by some residents was Ralph Black Drive.
She asked whether Council would be held accountable if something happens after the
application is approved.
Mrs Hussain asked that this application be submitted to a Council meeting for
determination and that the matter not be considered under delegated authority.
Wollongong City Council
Page 18 ATTACHMENT 4 - Formal Facilitation Notes
In conclusion, she advised that Local Area members did not have a problem with the gun
shop, but the location was an issue.
4 Questions/Comments
A resident advised that she had attended St John Vianney’s, St Mary’s and Sydney
University and then went on to work in Sydney and overseas. She and her husband had
chosen to come back to the Wollongong area to live as they felt it was a good, safe and
secure place to raise their family. She asked whether there was hard evidence from a
verified body that there is a market need for this facility. She could see no reason why
such a facility should be located near a school.
Mr Harris who operates out of Unit 4 felt that tenants in the same unit complex had not
been brought into this matter. In relation to security, Mr Harris had concerns when
leaving late at night if this facility were to be approved.
Mr Simpson said that this was a hypothetical situation, however for instance if someone
was to see a break-in, the response time would be quite good. He said there was an
instance where someone was rummaging in the bin outside the Ern Webb Sports Store
and the response time to that incident was 7 minutes.
Mr Harris said that at times, customers of the previous shop, Horse Land, would park at
the back, instead of at the front of the store and that this could cause concerns if the
same were to happen with the proposed firearm facility.
Mr Simpson said that there will be clear signage indicating that parking was available at
the front of the shop.
Ms K Wiseman had two children, one at Keira High and the other at Mount Ousley
Primary. Her children walk past the premises at various hours of the day and she
emphasised that there would be many children from various schools who would pass the
premises and not just St John Vianney’s students.
Mrs Pierro advised that there is also a raised garden bed next to the fence which borders
the school and the proposed facility. Although children are told not to climb onto the
garden bed, they do at times and can easily see over the fence. Mr Simpson took this
point on board.
Q A resident requested to know why the applicant had chosen this particular site and
felt that he should have realised that people would be ‘up in arms’ with a proposal to
build such a facility next door to a school.
A Mr Simpson said that the site was chosen because of security and ease of access
and initially he had not noticed that the school was nearby.
Q A resident asked about the amount of ammunition which would be stored at any
time.
A Mr Simpson said that it would depend upon the amount that needed to be in the
store. He also said that ammunition did not explode in bulk.
Q Hypothetical question - what would happen if there was a fire when the children
were in the classroom or playground?
Wollongong City Council
ATTACHMENT 4 - Formal Facilitation Notes Page 19
A Mr Simpson emphasised that ammunition did not explode in bulk, even if there
should be an accidental fire. He advised that the only way it may explode is if it is in a
solid steel container.
Q How will the ammunition be stored?
A The ammunition will be stored in accordance with the Safe Keeping Licence and the
ammunition storage proposed for Mr Simpson’s store is better than he has seen
elsewhere. WorkCover was explicit about the safe-keeping of ammunition.
Q A resident believed that the Department of Education states that schools must be a
safety zone and she asked how this could be so, with a firearm store next door.
A Mr Simpson believed the above was not a fact because he and his staff and
customers were law-abiding citizens.
Q Mrs Hussain said that whilst there were bollards are the front of the store, she
asked whether there was anything at the back.
A Mr Simpson said that there was a double-brick wall at the back of the shop.
Hard evidence was sought in relation to the need for this facility.
Mr Scimone showed various photographs taken from various points in surrounding
streets to the proposed facility and advised that people will be able to see a building from
the school and will not be able to see people coming in and out of the store.
Mr Bryant said that when you look at the photographs, they were taken from an external
point of view. However, he said that there are three access points around the site and
there is also pedestrian access to the church. He said that the fence around the front of
the site (as per photograph displayed) which is the closed to the proposal is very low.
Therefore the two least secure parts of the fence are next to the Church and the Infants’
area.
Mr Scimone was asked about the impact on children walking past the store.
The meeting was advised that there are 20,000 licensed shooters in the Illawarra who
have had to pass stringent testing requirements and therefore there is a silent majority
out there that are licensed and registered and law-abiding citizens. If anyone in this
room wanted to get a gun illegally, Mr Scimone said that they would not go to the
firearm store.
Mr Scimone said that the facility would be located in a legitimate zone and the proposal is
consistent with Council policies.
Q Councillor Anthony asked whether the applicant would consider looking at another
area, given the community angst.
A Mr Scimone said that this was an appropriate use in an appropriate zone and he did
not think that the applicant needed to relocate.
A resident asked that Council take a proactive approach to this application and to any
future similar applications which are close to schools, particularly given the Minister for
Planning’s concerns about the Kur-ing-ai approval.
Wollongong City Council
Page 20 ATTACHMENT 4 - Formal Facilitation Notes
Q An enquiry was made about the opening hours.
A Mr Scimone said that the hours of operation would be 9 am to 6 pm Mondays to
Fridays and 8 am to 4 pm on Saturdays and closed Sundays.
Councillor Brown asked whether the applicant would consider a change to the opening
hours so as not to conflict with children going to school.
Mr Simpson said that he would give consideration to the request.
Q Councillor Brown noted that the applicant had mentioned that it would be store
policy that anyone under the age of 16 must be accompanied by an adult. He asked
whether this could be written into the conditions of consent.
A Mr Carfield advised that it can be incorporated into the consent conditions.
Q Councillor Brown queried the waste disposal system.
A Mr Carfield said that waste disposal would be addressed in the conditions of
consent. Mr Simpson stated that the bins would be lockable.
Q Councillor Brown stated that there had been many concerns raised about children
being able to see into the facility from the school, particularly from the front of the
property. He asked whether the applicant could do something to ensure that you cannot
see from the school into the property.
A Mr Simpson agreed to this.
Q/Comment - V Hussain asked that if the unthinkable should happen and this DA is
approved, then if there are any amendments or changes to the conditions of consent that
the school and church be notified, rather than a planner making a decision that the
change is considered minor and will not affect anyone.
Q A resident was asked whether there were crime statistics for the area.
A Ms Fuller advised that she had not been able to find any solid information on crime
statistics. Mr Simpson said that in one week this information should be available from
the Shooters’ Party.
Comment -
A lady advised that she had a business in Fairy Meadow and it had been broken into
twice in the last 1 ½ weeks. She felt that this proposal would encourage the wrong
people into the area. She said that Council was starting the Emerging Town Plan for
Fairy Meadow and she requested to know how the firearm store would fit into that Plan.
Councillor Zanotto asked whether this matter would be submitted to Council for
determination as he felt it should. He said that every Councillor should have the right to
discuss and debate the issue.
Various residents said that they were not against the idea of a firearm store, however,
their issue was with its location next to a school.
Wollongong City Council
ATTACHMENT 4 - Formal Facilitation Notes Page 21
5 Conclusion
Councillor Brown thanked everyone for their input. All residents were asked to sign the
attendance sheet and this will result in copies of these notes being forwarded to them
(only 23 signatures on sheet, however, there were more residents in attendance).
Mr Carfield advised that the issues raised at this meeting will be discussed with the
applicant and Councillors. Also, a decision will be made as to whether the proposal will
be submitted to Council for determination.
The meeting concluded at 7.09 pm.
ATTACHMENTS
Attachment 1 - Information tabled by Mr S Simpson regarding the proposal.
Attachment 2 - Submission tabled on behalf of St John Vianney’s P & F by Mrs M Pierro.
Wollongong City Council
Page 22 ATTACHMENT 4 - Formal Facilitation Notes
ATTACHMENT 1 - submitted by Mr S Simpson
Wollongong City Council
ATTACHMENT 4 - Formal Facilitation Notes Page 23
ATTACHMENT 2 - submitted by Mrs M Pierro on behalf of St John Vianney’s P & F
Public Meeting – Wednesday 7th November 2007.
On behalf of the Parents and Friends at St John Vianney’s (SJV) School, I present the
following to state our case against DA-2007/1132. This application is contentious in
nature.
The applicant failed to mention a very important part of the amenity and neighbourhood
that this proposed facility is part of. The proposed facility shares a boundary fence with
St John Vianney’s Catholic Primary School and Church. The building is in the direct line
of vision from the Kindergarten and Year 1 classrooms.
The applicant has in the application focused on the tangible amenity. However amenity
also refers to intangible elements. To clarify:
In the context of real estate and lodgings, amenities are any tangible or intangible
benefits of a property, especially those which increase the attractiveness or value of the
property or which contribute to its comfort or convenience.
Statement of Environment Effects.
The applicant states “The processes do not interfere with the amenity of the
neighbourhood in any respect.”
Here the applicant refers only to Tangible elements. The proposed location is not only
next door to St John Vianney’s school and church, but also located in the middle of what
could be described as a school precinct. Approximately 200metres behind the proposed
site is Mt Ousley Primary School. Within approximately 1km you have Fairy Meadow
Demonstration School, Wollongong High School, Keira High School, The TAFE and
University of Wollongong. There is a bus stop just outside and one across the road from
the location.
• Children and youths from these schools and educational institutions mentioned
will go past this shop by bus/car everyday.
• Parishioners who use St John Vianney’s Church for Mass, Weddings and Funerals
will pass the shop front and have the signage in sight when out the front of the
church.
The intangible elements of the amenity are:
A church is a place of peace and tranquillity. The affect on the parishioners could be very
distressing.
The children may feel ill at ease at school a place of educational and spiritual learning
with this shop next door. Students at St John Vianney’s range from 5yrs to 12yrs and
are impressionable. They are old enough to understand what Fire Arms are and what
they can do. They know that Fire Arms Kill.
This type of shop next to SJV may impact school enrolments. Parents may choose not to
send their children to a school next to a Firearms and Archery Shop. Reduced numbers
at a school affects funding and staffing.
As part of the general objectives in Wollongong City Council’s Development Policies and
Guidelines an objective is:
To protect and improve the quality of life and the social well-being and amenity
of local residents.
Wollongong City Council
Page 24 ATTACHMENT 4 - Formal Facilitation Notes
For the stated reasons, the parents of St John Vianney’s School fail to see how this
application satisfies this objective. Firearms and Archery equipment will not improve the
quality of life; in fact it will have a negative affect on the social well-being of the
students, parishioners, and the intangible amenity. To approve this application would be
to ignore one of the council’s planning objectives.
The Objectives of Zone No 4 (a) Light Industrial Zone are:
(a) to cater for a wide range of manufacturing and service activities that will not
interfere with the amenity of nearby residents.
The applicant states: The application is consistent with the objectives of the zone, that
there are businesses on the western side. Also that a premises had operated as a bulky
goods sales room for nearly 20 years selling bulky horse and saddlery products and that
the proposed use will not have any negative impacts upon the amenity of nearby
residents.
This section of the application addresses the tangible elements.
The children may witness customers attending the premises who may be carrying firearm
or archery equipment or the delivery of such equipment. This may lead to unnecessary
anxiety or fear.
The visibility of the signage, and the shops presence will affect the intangible amenity.
One of the primary concerns of parents, is that consistent exposure to such products will
desensitise children to their nature and become familiar as to loose sight of the
significance and consequences of this type of equipment. The presence of this shop
conflicts with the safe atmosphere all schools endeavour to create.
There was no objection to the previous business that occupied this location as it sold
saddlery products. There is no question that the previous business had no affect on the
amenity either tangible or intangible. How the applicant can liken the sales of Firearms
and Archery products to the products previously sold is difficult to comprehend.
It is also perplexing that whilst mentioning the other businesses, the applicant failed to
mention the school and church. Does the applicant not consider the school and church to
be part of the amenity that requires consideration?
Details of Proposed Use
Safety
The requirements that this business has to adhere to for compliance with the NSW Police
Force – Firearms Registry emphasises that these products are dangerous.
The application fails to mention any surveillance and alarm equipment.
In relation to storage, the nature of the products, leads one to consider the
consequences of accidental fire or explosion.
The application fails to outline proposed safeguards.
Wollongong City Council
ATTACHMENT 4 - Formal Facilitation Notes Page 25
Staffing
The proposal states that the business will total 4 staff. To manage risks a high level of
diligence is necessary to ensure that staff possess the appropriate capabilities and
receive effective training. A police background check should be part of the recruitment
process to mitigate any risks associated with any person dealing and working with these
products.
The application fails to outline intended recruitment processes.
Waste Management.
A ( implying 1) 240 litre bin is mentioned as the means to manage waste. Is this
sufficient for waste disposal from this shop? Waste in excess of a 240-litre bin would
need to be managed, ensuring that the amenity is not negatively impacted by the
visibility of this waste.
Detailed Commentary Addressing Clause 11. Wollongong LEP 1990 Clause 11.
The development is necessary for any one of the following reasons:
The reasons selected by the applicant:
1. it provides a service primarily for the area
2. it meets an urgent community need
3. no more appropriate zoned site or (if appropriate) accommodation is available
in reasonable proximity to the proposed development or the proposed
development constitutes a change from an exiting use
I would think that the applicant has conducted market research to substantiate the
“urgent need”. From the research
• How many people have a Gun Licence in the Illawarra?
• What is the spread of the Gun Licence Holders in the Northern Suburbs?
(As stated in the Application, there is no similar business north of
Unanderra).
If the research shows that there is an “urgent need” the locating of this shop in the
industrial site at Montague St or Ralph Black Drive North Wollongong, would also satisfy
the urgent need. A quick search conducted on “all homes.com”, produced 7 sites on
these 2 streets that are available. Four of the sites have either a shop front or
office/reception area that could be converted to a show room. One already has a show
room fit out. The meter-age and rent is comparable to the proposed site. Both of these
streets are centrally located to service the Illawarra. The industrial site has been
designed and developed to meet the requirements outlined in the application, vehicle
access for delivery, car park facilities storage and product assembly space. The industrial
site at North Wollongong is parallel to the proposed site on back streets.
Since this business targets a specific group within the community, this group would seek
out their supplier and would travel to wherever the business is located. It does not have
to be on the Princes Highway. Locating this business on the highway does not increase
turnover, as the applicant states “You need a license to by firearms.” This requirement
excludes “Drop In” sales.
This information shows that there is available accommodation in reasonable proximity to
the proposed development site, in turn satisfying the Council Planning and Assessment
Regulation 2000 Amendment No 235, part 2C.
Another criteria under Clause 11
• The development is generally in character with the scale and ambience of the
immediate area;
Wollongong City Council
Page 26 ATTACHMENT 4 - Formal Facilitation Notes
How is it conceivable, that the sale of firearm and archery products is “generally in
character with the ambience of the immediate area? The character and ambience of the
immediate area (next door) is one of educational and spiritual learning as well as a place
of worship.
For Council to approve this application would go against several of the Council’s
Development Management Policies.
The recent decision by Ku-ring-gai council to allow a Firearms business to set up across
the road from a childcare centre has initiated serious discussions. Ku-ring-gai council
under their regulations did not need to notify residents. The council has now recognised
that their planning policy requires revision. Ku-ring-gai have made an application to Mr
Frank Sartor the Minister for planning to change their planning regulations to make
Firarms shops restricted premises (confirmed with Terrie Southwell from the Planning
Department Ku-ring-gai council). After the Ku-ring-gai approval, Mr Sartor has stated in
a media report (Sydney Morning Herald 23 August 2007) that he will support a council
that applies to his department to make “gun shops” restricted premises. This has been
confirmed with Mr Ron Baker from the Ministers Office. Ku-ring-gai council are now back
peddling from a situation caused by an outdated planing policy.
The concerned parents of SJV ask Wollongong Council to consider our arguments, under
Section 79c of the Environmental Planning and Assessment Act that states the matters
that a council is to take into consideration in determining any development application.
These matters include:
“the likely impacts of that development, including environmental impacts on both the
natural and built environments, and social and economic impacts in the locality” and “the
public interest.”
In addition, we ask Wollongong Council to learn from the mistake made by Ku-ring-gai
Council, and use their discretionary powers under Section 80 of the above-mentioned
act, and “refuse consent to the application” at the proposed site.
Wollongong City Council
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