Case Study: Section 4.55(2) Modification for a Restaurant in Hawkesbury Road, Westmead

Restaurants and cafes across Western Sydney often need to refine their approvals before opening.

This Section 4.55(2) modification in Hawkesbury Road, Westmead, achieved exactly that, turning an unactivated development consent into a fully compliant food and drink premises ready for operation.

The approval allowed for internal layout upgrades, installation of essential kitchen infrastructure and new signage, ensuring the business could open safely and in line with modern health and building standards.

The project was prepared and approved through StraightLine Planning.

Transition from Approval to Operation

The site was originally approved for a change of use from a technology retail store to a restaurant under the Cumberland Local Environmental Plan 2021 (CLEP).

However, the previous owner never completed the fit-out or commenced trading.

When new ownership took over, the goal was to operationalise the consent for a new pizza restaurant.

The application sought to modify the existing approval without changing the use, floor area or building structure.

The 75sqm tenancy remained as a Food and Drink Premises within the E1 Local Centre zone, where such uses are permitted with consent.

The changes focused purely on functional upgrades, addressing the technical requirements for a fully equipped commercial kitchen.

Achieving Compliance Through Targeted Modifications

The internal layout was revised to accommodate a working pizzeria, including the installation of a pizza oven, cool room, preparation benches and a hand wash basin in accordance with AS 4674 (Design, Construction and Fitout of Food Premises).

New floor and wall finishes were designed to be smooth, impervious and easily cleanable. These upgrades ensured compliance with the NSW Food Act 2003 and the Food Standards Code.

Accessibility improvements were also introduced. The reconfigured dining area provided a clear accessible path of travel, maintaining a 1000mm to 1200mm unobstructed width and adequate turning spaces as required by AS 1428.1-2009.

This ensured that the restaurant provided equitable access for all patrons and met Building Code of Australia (BCA) standards for internal circulation.

Grease Trap and Trade Waste Infrastructure

One of the key compliance improvements was the installation of an underground grease trap to meet Sydney Water trade waste requirements. The original DA did not include one, leaving a potential compliance gap for a hot food premises. The new system, located externally to maximise internal space, was designed to handle between 1,000 and 5,000 litres, depending on trade volumes.

This upgrade ensured the restaurant met all wastewater pre-treatment requirements and allowed the operator to secure a Sydney Water Trade Waste Permit before opening.

By incorporating this system, the modification corrected a key shortfall from the earlier approval and provided long-term environmental assurance.

Mechanical Ventilation and Odour Management

Given the installation of a pizza oven, the new fit-out required an updated mechanical exhaust system certified to AS 1668.2-2012.

The new ducting and wall-mounted hood were designed to extract smoke, heat and odours effectively, preventing any nuisance to nearby properties. The system also included acoustic and vibration controls to maintain compliance with noise and air quality standards under the BCA.

All mechanical works were designed by a qualified engineer, ensuring both indoor air quality and external amenity were protected.

The new layout allowed for safer working conditions, better ventilation, and compliance with environmental health expectations for a high-heat cooking operation.

Signage and Street Activation

The modification also introduced new signage to reflect the business identity. A front illuminated sign and side wall branding were installed within the existing sign zones, staying within the 2.5sqm limit set by the Parramatta Development Control Plan 2011.

Lighting levels were selected to prevent glare and maintain visual amenity for nearby residences.

This visual update helped strengthen the street activation along Hawkesbury Road, a key planning goal for the E1 Local Centre zone.

The signage aligned with Council’s controls for safety and commercial presentation, ensuring consistency with surrounding shopfronts.

Planning Framework and Council Controls

Under the Cumberland LEP 2021, Food and Drink Premises are permitted within the E1 zone.

The development maintained full compliance with the core standards for height, setbacks, and floor space ratio.

The 17-metre height limit was irrelevant to this single-storey tenancy, and the 2:1 FSR control was comfortably met.

The modification also satisfied the objectives of the Parramatta DCP 2011, including waste management and parking provisions. A waste management plan was submitted, outlining bin storage, collection frequency, and grease trap maintenance arrangements.

While no on-site parking was provided, the site benefits from public transport access and on-street parking, which Council accepted as sufficient.

Environmental and Amenity Safeguards

Comprehensive measures were introduced to mitigate potential amenity impacts from restaurant operations.

Acoustic specifications ensured that noise from the exhaust system and air conditioning remained within acceptable limits.

The grease trap and waste management plan addressed hygiene and odour control.

Regular pest control, dedicated recycling bins and six-monthly maintenance commitments were included in the operator’s management plan.

Final Outcome

The Section 4.55(2) modification was approved by Cumberland City Council, confirming that the development remained substantially the same as originally consented.

The project successfully transformed an inactive approval into a fully compliant, functional and hygienic restaurant ready for operation.

The outcome demonstrated that targeted internal modifications focused on technical compliance rather than physical expansion can streamline approvals and strengthen operational readiness.

The case highlighted the importance of addressing trade waste, ventilation and accessibility early in the planning process to meet both regulatory and practical standards for food premises in Parramatta and Cumberland LGAs.