Appendix E Copy Exising Development Permit

9.

132006.215.3

4.1 Plans and an application should be made to Council’s Environmental Health
Section for approval prior to any building approval, fitting out or use of the
premises.

4.2 Construction and use of the food premises should comply with Council's Food
Premises Policy and the Food Safety Standards.

4.3 Toilets for customers and staff should be provided in accordance with the Building
Code of Australia. Obtain advice from a building certifier.

4.4 Plans and approval is required for any mechanical exhaust ventilation system
which should comply with AS1668. A certificate is required from the installer
certifying the system complies with the Standard.

4.5 Licence and registration is required for any food premises listed in Schedule 1,
Food Hygiene Regulation 1989, prior to use of those premises.

4.6 A detailed statement indicating the purpose of the food premises, type of food sold,
proposed menu and number of persons served, is to accompany the plans
approval application.

The development should be undertaken and operated in a manner that causes no
detrimental effect upon the amenity of the neighbourhood by reason of the creation of
excessive noise, lighting, air-borne hazards, atmospheric pollutants (including dust or
odours) nuisance or any other emissions in accordance with the nuisance provisions of
the Environmental Protection Regulation 1998 or Council's Local Law No. 12 — Control of
Nuisances.

All refrigeration plant including motors, should be situated within the building or suitably
provided with noise reduction measures and located as to prevent a noise nuisance in
accordance with the nuisance provisions of the Environmental Protection Regulation
1998. On the spot fines apply for such offences.

Noise from building works associated with commercial and or industrial development
should comply with the following —

7.1 Limited to between 7:00am to 6:30pm Monday to Saturday.
7.2 All reasonable measures are taken to minimise noise emissions.
7.3 Not permitted on Sunday or public holidays.

In accordance with the Environmental Protection (Water) Policy 1997, all sand, silt, mud,
paint, cement, concrete, builder's waste or rubbish should not be permitted to enter or be
placed where it could reasonably be expected to move into a roadside gutter, storm
water drain or a watercourse. On the spot fines apply for such offences.

Using the waste data provided, Shop 1 will require additional services.

Aboriginal Cultural Heritage Act 2003

There may be a requirement to establish a Cultural Heritage Management Plan and/or obtain
approvals pursuant to the Aboriginal Cultural Heritage Act 2003 (ACH Act).

The ACH Act establishes a cultural heritage duty of care which provides that: “A person who
carries out an activity must take all reasonable and practicable measures to ensure the activity
does not harm Aboriginal cultural heritage”. It is an offence to fail to comply with the duty of
care. Substantial monetary penalties may apply to individuals or corporations breaching this
duty of care. Injunctions may also be issued by the Land and Resources Tribunal, and the
Minister administering the ACH Act can also issue stop orders for an activity that is harming or
is likely to harm Aboriginal cultural heritage or the cultural heritage value of Aboriginal cultural
heritage.

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