Other Change Request report - Bounce · MCU18/0102.03

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.