2016-08-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    9 AUGUST 2016


Applicant’s Request
Condition 12 of the amended development approval specifies the permitted total maximum use
areas. Condition 12 should to be amended to reflect the development which has been constructed
on the subject land and the precise use areas can be identified in accordance with the following:
12.   The development is permitted a total maximum use area of 6,054m2 with each individual use
      permitted the following maximum use areas at any one time:-
      12.1     Education Type 3 Adult (Student Contact) – 1,400m2
      12.2     Retail Business Type 2 Shop and salon and Entertainment and Dining Business
               Type 1 Food and Beverages – 236m2 (including outdoor dining).
      12.3     Retail Business Type 1 - Local – 100m2
      12.4     The remaining use area being available for:
                   Commercial Business Type 1 – Office
                   Commercial Business Type 2 – Medical
                   Education Type 3 – Adult
Assessment of Request
The applicant seeks to amend the condition to only restrict the student contact areas (i.e. lecture
theatres) and shop/restaurant areas, while the rest of the facility could interchange between office,
medical and other adult education facilities (i.e. library, tutorial and nurse training theatres and
office rooms).
It is reasonable to restrict the student contact areas and non-student contact areas as this relates
to the likely parking demand for the proposed educational use. Given office and medical uses
attract the same car parking rate of 1 space per 20m2 these uses may be interchangeable. The
applicant has agreed to the following revised wording.
12.   The development is permitted a total maximum use area of 6,054m2 with each individual use
      permitted the following maximum use areas at any one time:-
      12.1     Education – Type 3 Adult – 2,723m2 comprising a maximum of 1,400m2 student
               contact area and 1323m2 of non-student contact area
      12.2     Retail Business – Type 1 Local – 100m2
      12.3     Retail Business Type 2 Shop and Salon or Entertainment and Dining Business Type
               1 Food and Beverages – 236m2 (includes 16m2 of outdoor dining).
      12.4     The remaining use area being available for:
                  Commercial Business Type 1 – Office
                  Commercial Business Type 2 Medical
      Student contact area comprises all areas used for student lectures, tutorials or the like.


Previous Council Consideration
Ordinary Meeting, 24 September 2015, Item 7, Page 8
That Council note the report by the Development Planner to the Planning & Organisation
Committee Meeting dated 15 September 2015 regarding Planning & Environment Court Appeal
3126/2015 and agree to defend the appeal.




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