Extension Application Letter

Material Change of Use of Premises (Business Type 1 Office,
Entertainment and Dining Business Type 1 Food & Beverage, and Retail
Business Type 2 Shop & Salon). The relevant period of the Development
Approval was 5 June 2016.

On 30 March 2016, a change request* was made to extend the currency
period of the Development Approval to 5 June 2020. The Council
approved the change by way of decision notice®.

Andema became the registered owner of the Land on 11 April 2017 and
acquired the Land to develop it for purposes consistent with the
Development Approval.

However, on 19 December 2018, Andema lodged a development
application® for a Material Change of Use (Commercial business Type 1 —
Office, Entertainment and dining business Type 1 - Food & Beverages,
and Retail business Type 2 - Shop & Salon) (“the 2078 Development
Application”), which comprises a scheme of development similar to, but
different from, the Development Approval.

The 2018 Development Application was refused by the Council by way of
decision notice’. An appeal was filed in the Planning & Environment Court
at Brisbane and heard from 23 April to 28 April 2020 (“the Appeal”). Her
Honour Judge Kefford reserved her decision and no decision has been
given yet.

In the event that the 2018 Development Application is refused by the
Court, Andema intends to implement the Development Approval.

Statutory Framework
Under the Sustainable Planning Act 2009 ("SPA"), the assessment

manager's, in assessing and deciding an extension application, was only
permitted to have regard to:®

 

? The SCRC was the assessment manager at the time the development application was
lodged.

3 MCU11/0266.01.

4 While referred to as a change request, the proper construction of the application

appears to be an extension application for the relevant period of the Development
Approval.
Dated 7 April 2016.
MCU18/0204.
Dated 7 June 2019.

SPA, s 388(1).

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