Development Application Part 2 - Environmental & Stormwater Management Plans · OPW11/0335

Note that other than the addition of balconies and the outdoor BBQ/kitchen, recreation and pool area, the
external appearance of the building will remain much the same as the original approval. Overall gross floor area
will be reduced slightly as a result of converting the former indoor communal kitchen to an outdoor BBQ/kitchen,
recreation and pool area.


We argue that these changes are minor in nature and will not result in substantially different development to the
original approval. In particular, the addition of balconies will serve to further articulate the building and reduce
perceived building bulk. The use of balconies is not likely to result in any adverse noise impacts due to their small
size and the ambient background noise resulting from traffic along David Low Way. They will also result in a
greater level of casual surveillance of the public street and footpath areas below. The large balcony
encompassing the communal outdoor BBQ/kitchen, recreation and pool area is internal to the site and is not
likely to generate adverse noise impacts outside of the property boundaries.

There are no changes proposed to the lower level retail/restaurant uses or the basement level carparking layout
within the commercial building, nor are there any changes proposed to the apartment buildings or beach shacks.

Changes to Conditions

As a consequence of the proposed staging and changes to the commercial building layout, we request that the
following changes be made to the conditions of approval as set by the Planning and Environment Court (using the
heading contained therein):

Approved Plans


      n   Condition 1 be updated to reflect the amended plans of layout as follows:


                         ORIGINAL PLANS                                                      NEW PLANS

   Dwg No.                            Dwg Title                       Dwg. No.                       Dwg. Title


N/A              N/A                                                  WD SK22    Site Works External Works - Stages


WD2003           Commercial Building Floor Plan - First Floor Level   WD SK21    Commercial Building Floor Plan - First Floor Level


20517 A-42       Commercial Precinct Elevations                       WD 2008    Commercial Building Elevations

20517 _A-43      Commercial Precinct Elevation & Section              WD 2009    Commercial Building Elevations & Sections A,B




Business Uses


      n   Conditions 11-15 apply to Stage 1 only.
      •   We request deletion of condition 13 which prohibits outdoor dining as we believe this condition is
          unreasonable. We argue that outdoor dining within an allocated area adjacent to the proposed
          restaurant use will serve to increase activity and interaction of these commercial tenancies with the
          public street, as well as promote the beachside village character of the area, subject to appropriate hours
          of operation. We anticipate that an area of 70m2 would be sufficient to accommodate an outdoor dining
          space (which represents no more than 10% of the floor space of the retail/restaurant component). Given
          there is a surplus of carparking for the commercial building (refer to discussion on carparking below), we
          argue that the addition of minimal outdoor dining space would not create an unreasonable demand on




JFP Ref: M2358                                                                                                                   Page