Other Change Request report - Bounce · MCU18/0102.03

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Other Change Test
In consultation with Council Officers, it was determined that to rekindle the Food and Drink
Outlet use an ‘Other change’ application is required to be submitted and approved. The
correspondence outlined that the proposal, even though the use has been previously
approved through impact assessment, does not meet the definition of a Minor change under
the Planning Act 2016, in particular item (b)(ii)(E) of the definition of minor change.




Deciding the Request
In accordance with S82 of The Planning Act 2016, Council must only consider the information
provided and any other matter considered relevant, including — all matters Council would or
may assess against or have regard to, if the change application were a development
application.
Council must only consider the
       (a)    assessment benchmarks;
       (b)    any matters a referral agency must, may, or may only assess the application
              against or have regard to under section 55(2);
       (c)    if the development to which the change application relates requires code
              assessment—any matters the assessment must be carried out having regard
              to under section 45(3)(b);
       (d)    if the development to which the change application relates requires impact
              assessment—any matters the assessment must or may be carried out against
              or having regard to under section 45(5)(a)(ii) or (b).


The site is within the District Centre Zone and in the Mary Street Health and Wellness
Precinct and requires Impact assessment within this location.

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Assessment
The proposed Food and Drink outlet has been previously approved (twice before), once on
a temporary use permit due to COVID impacts and secondly by a previous ‘Other Change’
to development approval, where new Condition 65 was included. This application sought
temporary approval of the Food and Drink outlet to January 2025, unless an extension was
sought. The extension was overlooked and not submitted and therefore this ‘Other Change’
application is now provided.
Since MCU18/0102.02 was approved in January 2024, there has been no changes to the
Planning Scheme that would affect this site. The key potential impacts of the Food and Drink
outlet of noise and car parking were thoroughly assessed by Council Officers at the time of
MCU18/0102.02 and determined to fully comply with the relevant Performance Outcomes
and Acceptable Outcomes of the Planning Scheme.
The business operated during the temporary approval periods without any complaints, which
demonstrates the business can successfully manage noise and car parking, so there are no
impacts on surrounding residents or nearby businesses.
As part of the previous other change application, the applicant submitted extensive onsite
car parking survey data to demonstrate the Food and drink outlet would not create a nuance
for on street parking and can accommodate the parking for the Food and drink outlet onsite.
The Council Officers report provides the following discourse, which refers to PO6 of the
Driveways and Carparking Code.
       The proposed use and carparking is generally considered to meet the above
       outcomes as the site is well located in walking distance to surrounding
       accommodation and likely users; is on bus route and peak times are likely to be
       outside peak operations of the surrounding commercial development.
       The request to approve the operation of a Food and drink outlet which allows for non-
       staying guests to attend the site for the consumption of food and beverages is
       supported…
In terms of noise, like carparking, the business has demonstrated over a long period of time
while operating the Food and drink outlet that it can manage noise successfully with no
complaints. Existing noise conditions of approval are rigorous and contain noise levels to
comply with which the business has done so over many years.
The proposal only seeks to rekindle a previously approved use on site that has demonstrated
it can comply with the Planning Scheme and conditions of approval over a long period. The
Council Officers report summarises the proposal as follows-
       Whilst the proposal falls short of the required carparking, the applicant has previously
       demonstrated that the use can operate without impacting on the surrounding area in
       terms of noise and carparking. Based on the carparking information provided and the
       existing built form and conditions, it is considered that the proposed Food and drink
       use is reasonable subject to the inclusion of an expiry date on the permit that limits
       the use unless Council agrees to an extension having regard to any substantiated
       complaints that it may receive during operation.
Council, by issuing two temporary approvals, appear to have some concerns that the
business cannot operate without impacts on nearby residents and surrounding businesses.
Given that the Food and Drink Outlet has operated successfully without complaint for a
number of years, there is no need to approve the use temporarily again and it is sought a full
approval is issued without time constraints.

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Condition 65
It is sought to change Condition 65 to allow the Food and Drink outlet to operate for the life
of the development. It is requested the condition be amended to read-
65.    The A Food and Drink Outlet is approved and must be operated within the area
       identified on the approved plans. approval lapses on 18 January 2025, unless written
       consent is provided by Council’s delegate to extend the approval. In assessing a
       request to extend the approval, Council will have regard to any substantiated
       complaints relating to noise, car parking and any other relevant matters associated
       with the Food and Drink Outlet use.


 Changes to Conditions
It is requested Condition 65 is amended to approve the Food and Drink Outlet.
65.    A Food and Drink Outlet is approved and must be contained within the area identified
       on the approved plans.


If you have any further queries in relation to the above, please do not hesitate to contact
myself.


Regards,




Jack Lewis B.Sc Hons UNSW M.Plan Otago MPIA MQELA
Planner/Director
Pivotal Perspective Pty Ltd
0406 334 227