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16.2 is not controlled by the “planning scheme”.

Given the clear terms of condition 10 of the Amended development approval, there is no
legitimate town planning reason which warrants condition 11 requiring a survey to be
submitted which demonstrates compliance with the maximum building heights in the
planning scheme.

In the premises, condition 11 ought be amended to delete reference to a requirement that
a survey be submitted to the Respondent demonstrating compliance with the maximum
building height provided in the planning scheme.

Condition 12

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Condition 12 of the Amended development approval specifies the permitted total
maximum use area for the approved material change of use.

Condition 12 ought be amended to reflect the development has, in fact, been constructed
on the subject land and the precise use areas can be identified in accordance with the
following:

12. The development is permitted a total maximum use area of 6,054m’ with
each individual use permitted the following maximum use area at any one
time:

12.1 Education Type 3 Adult (Student Contact) - 1,400m*

12.2 Retail Business Type 2 Shop and Salon and Entertainment and
Dining Business Type 1 Food and Beverages — 236m* (including
outdoor dining)

12.3 Retail Business Type 1 — Local — 100m*
12.4 The remaining use area being available for:
e Commercial Business Type 1 - Office
e Commercial Business Type 2 - Medical
e Education Type 3 - Adult
In the premises:

24.4 the decision of the Respondent to grant the permissible change request in
part was wrong;

21.2 the permissible change request should be approved in full, subject to lawful
conditions; and

21.3 the Appeal should be allowed.

Thomson Geer

Solicitors for the Appellant

Legal/44521643_1