2020-11-19 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                       19 NOVEMBER 2020


                     iii.   A separate water quality performance bond must be provided prior to
                            the issue of an Operational Works approval for Civil Infrastructure and
                            Stormwater for Stage 1. The water quality performance bond must be
                            150% of the cost of water quality monitoring required to comply with
                            Stormwater Australia (2018) Stormwater Quality Improvement Device
                            Evaluation Protocol. Version 1.2 December 2018. The performance
                            bond will be incrementally returned annually for the value of monitoring
                            works completed that year. The full value of the bond shall be returned
                            upon demonstration that the development delivers the required
                            pollution reduction targets.
    C.   Delete condition 21.
    D.   Include the following advisory note on the development approval:
         1.    The developer is encouraged to liaise cooperatively with local community groups
               to deliver and maintain the required glossy black food tree recovery programme.
    DE. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.



2   MCU19/0134 PLANNING & ENVIRONMENT COURT APPEAL NO. D67 OF 2020 -
    REFUSAL OF AN APPLICATION FOR A BAR AT 5 TAYLOR COURT, COOROY
    That Council note the report by the Manager Development Assessment to the Planning &
    Environment Committee Meeting dated 10 November 2020 and:
    A.   aAgree to settle the Planning & Environment Court aAppeal No. D67 of 2020 generally
         in accordance with the following conditions:
               When Conditions Must Be Complied With
          1.   Unless otherwise stated, all works required by the conditions of this Decision
               Notice must be completed prior to the use commencing, and then compliance
               maintained at all times while the use continues.
               Approved Plans
          2.   Development undertaken in accordance with this approval must generally comply
               with the approved plans of development. The approved plans are listed in the
               following table unless otherwise amended by these conditions.
                Plan No.        Rev.   Plan/Document Name                                  Date
                RL 18003        -      Titled "Ground Furniture and Equipment Layout,      5 Dec 2019
                Sheet 1 of 2           Ground Floor Areas – Proposed Industrial fitout",
                                       drawn by Rhad Leonard
                RL 18003        -      Titled "Mezzanine Furniture and Equipment           5 Dec 2019
                Sheet 2 of 2           Layout, Mezzanine Area – Proposed Industrial
                                       fitout", drawn by Rhad Leonard

               Nature and Extent of Approved Use
          3.   The Entertainment & Dining Business – Type 3 Bar must operate all times in
               association with the Distillery use within Tenancies 1 and 11. If the associated
               Distillery use ceases, then the Entertainment & Dining Business – Type 3 Bar must
               cease.
          4.   The patron use area for the consumption of food, drink and alcohol and/or
               congregation is limited to within the 21m² ground floor seating area identified in
               green on Drawing RL18003, sheet 1 of 2, drawn by Rhad Leonard, dated 5
               December 2019 with a maximum of 20 chairs.

                                                                                      Page 16 of 23