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2021-11-09 Planning & Environment Meeting Agenda

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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                            9 NOVEMBER 2021


B.   Add additional Conditions 98 and 99 to read as follows:
     98.    On completion of the works associated with enclosing the restaurant outdoor dining
            area certification from an appropriately qualified acoustic consultant must be provided.
            The certification must confirm that the as-constructed built form achieves the minimum
            25 dB(A) noise reduction identified in the noise management plan (Report No:
            R21055/D3295/Rev.0/25.08.21 prepared by David Moore & Associates and dated 25
            August 2021) and that all plant and equipment including the new air-conditioning plant
            achieves compliance with the development approval noise limits.
     99.    The ‘Cooking Classes’ room must not be used as part of the approved Entertainment
            and Dining Business use.
C.   Add additional Advisory Note 12
     Additional ADVISORY NOTE – 21 October 2021
     12.    This Development Permit for a “Minor Change to an Existing Approval” reference
            132005.1133.15 will trigger an “Infrastructure Charge Notice” to be issued in
            accordance with Council’s “Charges Resolution” made pursuant to the Sustainable
            Planning Act 2009 and in conjunction with the State Planning Regulatory Provision
            (adopted charges).
            The infrastructure charge relates to the Minor Change to Stage CTS 400 (Resort
            Facilities) as follows:
                                                                                             Approved
        Stage No.     Use                                        Existing Quantity
                                                                                             Quantity
                      Commercial Business – Type 1 – Office      103 m2                      103 m2
                      Entertainment & Dining Business – Type 1
                                                                 289 m2                      312 m2
        Stage         – Food & Beverage
        CTS 400                                                                              246 m2
                      Entertainment & Dinning Business – Type
        (Resort                                                  246 m2                      (Non-court area = 38
                      2
                                                                 (Non-court area = 38 m2     m2
        Facilities)    – Recreation, amusement and fitness
                                                                 & Court area = 208m2)       & Court area =
                      (Resort facility)
                                                                                             208m2)

                      Retail Business – Type 2 – Shop            21 m2                       16 m2

D.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
6.   PROPOSAL
The applicant seeks approval to change an existing development approval, including changes to
Conditions 2 and 83. The request to change conditions relates to the restaurant whereby the
existing outdoor dining area is proposed to be enclosed to improve acoustic outcomes and support
an extension to the operating hours for this area from 10pm to midnight 7 days a week. Minor
internal changes to the facilities building are also proposed. The proposal also seeks changes to
condition 64 and Advisory Notes 1, 2 and 11.
The applicant has detailed the proposed changes as:
    Enclosure of the outdoor dining area (187m2), to enable its use as a dual operable dining
     space for both indoor and outdoor dining in accordance with the Nosie Management Plan;
    Relocation of the existing Convenience Store (Shop) to the previous pizza oven location and
     reduction of use area by 5m2;
    Relocation of the pizza oven to the current convenience store area and the current 21m2 of
     convenience store gfa re-allocated to the café/restaurant use;

                                                                                                Page 25 of 69
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