2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    12 JUNE 2018


REPORT
1.   PROPOSAL
The applicant seeks representations on a development approval for a Material Change of Use of
Premise to establish a Retail Business – Type 2 Shop and Salon.
The application is before Council as the Development Permit was originally approved by Council.
2.   SITE DETAILS
2.1. Background
The site was approved for a general store and residence in 1991. Over time the general store
became unviable for the owners and evolved into a BYO Restaurant known as ‘Orange on
Sunrise’ which it is estimated to have been operating in some capacity for 10 years with no
planning approval and no complaints until more recently.
A development application was subsequently lodged in response to complaints on 24 November
2016. The application was first publicly notified with regard to ‘Orange on Sunrise’, for 15
business days in accordance with the Sustainable Planning Act 2009. 65 properly made
submissions and 3 not properly made submissions were received. 2 petitions were received in
support of the proposal, 1 with 83 signatures and 1 with 202 signatures. 9 objections were
received. An online petition was also created through change.org and 231 persons were party to
this petition – all in support.
Subsequent to the original application a change application was submitted to include a second
tenancy (Salon) and re-notified. When the changed application was re-notified, 10 properly made
submissions were received, 1 in support and 9 objecting. Of the 10 submissions, 9 had put in a
submission during the first round of consultation.
The main issues identified from the public notification process were noise from patrons and traffic
associated with Orange on Sunrise.
On 18 January 2018, Council approved a Material Change of Use of Premise to establish a
Retail Business – Type 2 Shop and Salon.
2.2. Site Description
The site is approximately 1 hectare in size and has frontage to Sunrise Road and Kingsgate
Drive. The site comprises 2 residential dwellings, a shed and a restaurant/café called ‘Orange on
Sunrise’. Five (5) sealed car spaces are located within the site on the Kingsgate Drive frontage.
Refer Figure 1 – Subject site.




                                       Figure 1 – Subject site


                                                                                    Page 85 of 97