2018-12-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                11 DECEMBER 2018


Condition 24 - Landscaping
24.   The development site must be landscaped. The works must be undertaken in accordance
      with the approved plans and Planning Scheme Policy PSP 3 Landscaping Plants and
      Guidelines.
Applicant’s Request
Condition 24 requires the development to provide landscaping in accordance with the approved
landscaping plans and Planning Scheme Policy PSP 3 Landscaping Plants and Guidelines.
This condition requires amendments to ensure the landscaping works incorporates suitable fencing
for the children’s play area.




Assessment of Request
The condition ensures the site is landscaped in accordance with the approved plans and the
relevant Planning Scheme Policy. The approval is for product release events, industry nights and
local hospitality promotional nights to occur after general industrial business hours. The matter of
including a children’s play area raises concerns as the primary use on site is approved for industrial
purposes and the Entertainment and Dining Business Type 1, which the play area relates to, is to
remain subordinate.
It is considered the play area is more likely to be associated with an Entertainment and Dining
Business Type 3 - Bar use (hotel/tavern) and not suited to an industrial area. It is recommended
for the condition to remain unchanged.


Council’s Assessment process
The applicant is not satisfied with the enforcement/assessment process of this application. An
extract of the applicant’s dissatisfaction is provided below.
We are somewhat dismayed at Council having raised this consideration of a potential new land
use 25 days after the lodgement of the minor change application, noting that such an application
is subject to a statutory assessment period of 20 business days. Additionally, this matter has been
raised five months after Council’s initial correspondence regarding the matter. In all of our previous
interaction with Council, such a matter has not been raised by Council.
The new land use was raised 25 days into the assessment timeframe as a result of the assessing
officer’s workload. Until such time as an application is submitted, a thorough assessment cannot
be undertaken of a proposal.
4.    CONCLUSION & REASONS FOR DECISION
The current approval allows 120m² for the Entertainment and Dining Business Type 1 – Food and
Beverages use and the balance of the premises for industrial business and an ancillary dwelling
unit. The current approved floor area ensures the Entertainment and Dining Type 1 Food and
Beverage is subordinate to and associated with the industrial business on site.
The requested changes to the existing approval seek to ratify the existing uses operating on site.
The applicant request these changes can be undertaken as a’ minor change’ under the Planning
Act 2016.
The proposal includes a significant increase in floor area of the Entertainment and Dining use and
a significant reduction in industrial floor area and seeks approval for general functions, a children’s
play area and some extended trading hours.



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