Cover Letter · 51987.44.03

    c.   Agree to enter into an Infrastructure Agreement with the applicant that provides for contributions in
         lieu of 2 on-site car parking spaces.

A Building Approval for the work was issued on 28 April 2020 and construction commenced soon after.

On 17 December 2020 Council issued a show cause notice in relation to a number of alleged non-
compliances with conditions.

On 29 January 2021 A minor change application was made to rectify the issues raised in the Show Cause
Notice.

On 18 March 2021, Council, at its Ordinary Meeting, decided to approve the requested changes which
involved:
    A. Amending conditions 13, 16 and 24 which related to the list of approve plans, operating hours and
        building appearance; and
    B. Deleting Conditions 14 and 15 which related to prescribed use area limitations for both approved
        uses.

The Proposal
While nearing completion of the project, it was discovered that the carpark could not be reconstructed in
accordance with condition 32 of the change approval which requires that:

32. A minimum of 9 car parking spaces must be provided on the site in accordance with approved plans;
    made available and accessible at all times while the use is open for business. The carparking must
    include in particular:
    a. Sealed and non-slip approved surface.
    b. 7 customers parking spaces within the total, which are clearly marked for that purpose.
    c. 2 staff parking spaces within the total, which are clearly marked for that purpose.
    d. Parking spaces and line marked and sign posted crossfalls and gradients in accordance with
        Australian Standard AS/NZS 2890.1. Parking Facilities- Part 1: Offstreet car parking.
    e. Marked pedestrian routes in accordance with the conditions of this Decision Notice.
    f. Provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian
        Standard AS1158: Public Lighting Code.

In particular, it was found that while the approved plans associated with the original approval (51987.44.02)
detailed 8 car parking spaces along the rear (eastern) boundary of the site, these did not comply with the
dimensions set out in Australian Standard AS/NZS 2890.1. Further, given the width constraint along the
site’s rear boundary, these cannot be redesigned to comply.

To rectify this issue, our client engaged TOD Consulting Engineers to prepare a revised carpark layout for
the site that would be safe and appropriate for the intended use and provide a sufficient number of spaces.
The revised layout is illustrated in Figure 1 below provides for:
     a. 6 x User Class 1 A spaces that have dimensions of 2.4m x 5.4m;
     b. 2 x Class 2 spaces that have dimensions of 2.5m x 5.4m; and
     c. 4 x motorcycle/scooter spaces in leu of the 9th car space.