L02 changes application to SCRC

Annexure A provides plans of the proposed works prepared by Frank Macchia Architect which detail:

             •   Removal of existing red canvas awnings;
             •   New pergola with aluminium louver blades;
             •   Timber supports to conceal pergola edges, gutters and downpipes;
             •   Custom designed open metal screens spaced around dining area;
             •   Replacement of existing sign with new metal cut out sign.

In support of the proposal the following is noted:

        •   The area is approved for outdoor dining;
        •   The area to be covered is part of the exclusive use area for Lot 7;
        •   The existing outdoor dining area lacks a focal point and is not an inviting area for patrons
            due to existing hard paved surfaces and lack of character;
        •   The structure seeks to provide an atmospheric destination that complements and works
            with the existing features of the French Quarter;
        •   The French Quarter contains solid masonry features as well as vertical timber detailing.
            The proposed structure matches these solid features by incorporating large horizontal
            timber beams and vertical elements in the custom made screens;
        •   The proposed outdoor dining structure will also match the dark grey colours of the timber
            balustrades on the existing building and use stained timber that matches the shop front
            facades; and
        •   The proposed structure is designed to be an extension of the existing building and not to
            look like a temporary market gazebo added on to the building.


Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development approval
as:

         (1) A permissible change, for a development approval, is a change to the approval that
        would not, because of the change—
        (a) result in a substantially different development; or
        (b) if the application for the approval were remade including the change—
                           (i) require referral to additional concurrence agencies;
                           or
                          (ii) for an approval for assessable development that previously did not require
                          impact assessment—require impact assessment; or
        (c) for an approval for assessable development that previously required impact
        assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed; or
        (d) cause development to which the approval relates to include any prohibited development.

The proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:

        (a) result in a substantially different development;

            The proposed change does not result in a substantially different development as minimal
            external works are proposed. The area to be covered is currently approved for outdoor
            dining use and umbrellas and other temporary structure are able to be setup in the area.
            The proposed structure therefore seeks to provide a more aesthetic solution that enhances
            and works with the existing building on site.

            Soft muted colours are to be used including black, grey and stained timber. The
            aluminium louvers are to be powdercoated grey to match the vertical timber balustrades


[OCR of page images]
Annexure A provides plans of the proposed works prepared by Frank Macchia Architect which detail:

Removal of existing red canvas awnings;

New pergola with aluminium louver blades;

Timber supports to conceal pergola edges, gutters and downpipes;
Custom designed open metal screens spaced around dining area;
Replacement of existing sign with new metal cut out sign.

eceee

In support of the proposal the following is noted:

e The area is approved for outdoor dining;

e The area to be covered is part of the exclusive use area for Lot 7;

e The existing outdoor dining area lacks a focal point and is not an inviting area for patrons
due to existing hard paved surfaces and lack of character;

e The structure seeks to provide an atmospheric destination that complements and works
with the existing features of the French Quarter;

¢ The French Quarter contains solid masonry features as well as vertical timber detailing.
The proposed structure matches these solid features by incorporating large horizontal
timber beams and vertical elements in the custom made screens;

e The proposed outdoor dining structure will also match the dark grey colours of the timber
balustrades on the existing building and use stained timber that matches the shop front
facades; and

e The proposed structure is designed to be an extension of the existing building and not to
look like a temporary market gazebo added on to the building.

Sustainable Planning Act

Section 367 of the Sustainable Planning Act defines a permissible change for a development approval

as:

(1) A permissible change, for a development approval, is a change to the approval that
would not, because of the change—
(a) result in a substantially different development; or
(b) if the application for the approval were remade including the change—
(i) require referral to additional concurrence agencies;
or
(ii) for an approval for assessable development that previously did not require
impact assessment—require impact assessment; or
(c) for an approval for assessable development that previously required impact
assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
properly made submission objecting to the proposed change, if the circumstances allowed; or
(d) cause development to which the approval relates to include any prohibited development.

The proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:

(a) result in a substantially different development;

The proposed change does not result in a substantially different development as minimal
external works are proposed. The area to be covered is currently approved for outdoor
dining use and umbrellas and other temporary structure are able to be setup in the area.
The proposed structure therefore seeks to provide a more aesthetic solution that enhances
and works with the existing building on site.

Soft muted colours are to be used including black, grey and stained timber. The
aluminium louvers are to be powdercoated grey to match the vertical timber balustrades