Notice of Appeal (Sealed) (22.04.22) (00447099xF33C9)

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4.   On 17 January 2022, the Appellant lodged the Change Application with


     the Respondent.




5.   The Change Application sought to:



     (a)   amend condition         5 so that hours of operation are from 4am to


           10pm, rather than from 5am to 10pm; and




     (b)   replace approved         Plan   No.   DA-7000    Rev 4   ( Approved Signage


           Plan")    with      Plan A-7001   Issue 7   ("New Signage Plan"),           which


           would allow the illumination of four BP logos with areas of 0.46m2

           each, to be located         within the green     LED strip lighting         on the


           bowser canopy.




           ("the Proposed Change ")




6.   By decision notice dated 23 March 2022, the Respondent refused the


     Change Application on the following grounds:



     "1.   The proposed change does not constitute a minor change to the


           development approval as the change in hours will increase the


           severity      of known     amenity     impacts   and likely       attract   further


           submissions objecting to the change were the application to be


           publicly notified given the site's proximity to residential properties.



     2.    The proposed trading hours do not comply with Overall Outcomes


           2   (d)   &   (h)   and Performance      Outcome P0 1 1       &    P024     of the


           Business Activities        Code as     the proposed hours          will adversely


           impact on nearby resident's amenity.