2014-08-19 Planning & Organisation Committee Agenda - Pages 1-101

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                               19 AUGUST 2014




             Figure 7 – Proposed Plan of Additional Outdoor Dining Area to Aromas


2     BACKGROUND
Council issued town planning consent TC12506 (51997.2384) in 1998 for 115 units, 8 Shops, 2
restaurants, outdoor dining and ancillary facilities on the site. The applicant subsequently
submitted plan amendments that included a reduction in the number of units from 115 to 112,
deletion of a restaurant, reduction in dining areas, and reduction in height of buildings fronting
Hastings Street.
On the 22 January 2010, Council issued development approval 132009.1102 for a change of use
to a shop with outdoor dining areas at Unit 6. Subsequent changes to this approval were issued
on the 30 September 2011 allowing part of the outdoor dining area to be enclosed.
A change approval (51997.2384.01) was issued in 2012 allowing security screening to outdoor
dining areas to Unit 7 (Aromas).
3     ASSESSMENT
3.1   Statutory Process
The proposed change to the development approval requested by the applicant is considered to
constitute a permissible change because:
    The changes would not result in a substantially different development as the additions are
      to existing approved uses on the site;
    The change would not trigger a new referral to the State Assessment and Referral Agency;
    The original application was impact assessable and the proposed changes would not likely
      cause a person to make a properly made submission as the changes remain consistent
      with the character of the approved development on the site; and
    The changes do not involve prohibited development.
On this basis, the applicant is considered to be following the lawful process in making the
request.
3.2   State and Other Statutory Instruments
The proposal is generally consistent with current State planning and statutory instruments
applicable to the site.

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