2018-12-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                              11 DECEMBER 2018


Development Approval
A development approval for Development Permit for Material Change of Use of Premises -
Industrial Business Type 2, Entertainment & Dining Business Type 1 and Ancillary Dwelling Unit
and Operational Works for Civil Works, Landscaping and Signage was issued on 16 February
2017. No submissions were received.
It is important to note the approved use areas indicated on the approved plans are:
   742m² - Industrial Business includes 62m² of retail sales area (20% retail area permitted by
     the Planning Scheme for an industrial business)
   120m² - Entertainment and dining business includes tasting area and covered outdoor
     covered area facing Vision Court.
The originating applicant’s Planning Report framed up events were for beverage tasting, local
hospitality promotional nights, craft beer industry nights and occasional product launches and
indicated that occasional product release events would be held after 5pm with up to 180 patrons
attending. There was no indication of general functions.
It was anticipated that the tasting area, the covered outdoor area (facing Vision Court) and part of
the retail sales area would be utilised for the occasional product release events when up to 180
people would attend. It was accepted the retail sales area would occasionally be used for these
events and that patrons would arrive by public transport (Taxi, Uber) and/or mini bus as outlined
in the applicant’s Planning Consultant’s report and any overflow carparking catered for on street.
It was reasonable to approve an inconsistent use within the industrial zone on the basis that it was
subordinate to and complementary to the primary industrial business on site. The approval does
not permit general functions on the premises nor the use of the industrial business floor area to be
used for events.
Compliance matters
Compliance action commenced as a result of the development not operating in accordance with
the approval.
Council issued an Advisory Letter on 8 May 2018 raising concerns in regard to:
   holding of functions outside the approved hours;
   holding functions and events outside the approved Use Areas; and
   How the provision of breakfast is associated with the industrial business use.
Since the Advisory Letter, further meetings have been held with the applicant to discuss the
existing operation and raised further concerns in regard to:
   the types of events being held such as a flea market, car boot sale, pin ball tournament;
   general functions which are not associated with the industrial business;
   The entertainment and dining business component not operating subordinate to the industrial
     business, given the floor area currently used.
Furthermore, a large portable cold room occupying 3 car spaces has been installed. Figures 4 to
7 below show the variety of events held and the cold room occupying car spaces.




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