Appendix B - Assessment against Applicable Assement Provisions and Benchmarks · 132005.1133.15

                                                                                 BUSINESS ACTIVITIES CODE
   Performance Outcomes                                          Acceptable Solutions                                            Comments
                                                                 Outdoor dining areas include soft landscaping integrated
                                                                 with the outdoor dining environment to create an ambient
                                                                 atmosphere for diners.

                                                                 Editor’s Note— Landscaping must be undertaken in
                                                                 accordance with the Landscaping Code Part 9 Section 4.5

                                                                 Editor's note— Refer to Figure 6.4.4.4 and Figure AP3‐5A for
                                                                 examples of landscaping and design outcomes for outdoor
                                                                 dining areas in streets.
   PO9                                                           AO9                                                             AO9 Not applicable. The change is a minor change to an
   Adequate clearways and head clearances allow safe             Roof structures over outdoor dining areas have a minimum        existing building.
   movement for users of the premises.                           clearance height of 2.1 metres.
   Amenity and Safety
   Hours of Operation                                            AO11.1                                                          AO11.1 Complies. The premises adjoin the Tourist
   PO11                                                          The use or activity does not operate outside the hours of       accommodation zone and complies with the existing land
   Business activities are operated in a manner that avoids or   7:00am to 9:00pm, seven days a week, where the site             use rights under the existing development approval.
   minimises evening, early morning or weekend noise             directly adjoins land in the following zones:
   nuisances to sensitive land uses, particularly surrounding    (a)All residential zones, except for the Tourist
   residential uses.                                             accommodation zone
                                                                 (b)Major centre zone – High density residential precinct; or
                                                                 (c)Rural residential zone.

                                                                 AO11.2                                                          AO11.2 Not applicable. The site is situated within the Tourist
                                                                 Where the site is not specified above in AO11.1 the use does    accommodation zone.
                                                                 not operate outside the hours of 6:00am to 10:00pm, seven
                                                                 days a week, except that a business use such as a food and
                                                                 drink outlet, may operate until 12:00 midnight on a Friday
                                                                 and Saturday
   Overlooking                                                   AO12                                                            AO12 Not applicable. The change is a minor change to an
   PO12                                                          Where the business activity adjoins an existing or approved     existing building.
   Business activities maintain the reasonable privacy and       residential use, the reasonable privacy and amenity of such
   amenity of site and adjoining residents and their enjoyment   uses is maintained by:
   of indoor and outdoor living areas is not unreasonably         (a)siting and orienting buildings to minimise the likelihood
   diminished.                                                   of overlooking occurring;



JFP Ref: M2652/F                                                                                                                                                                      Page 19