Planning Report - Seasons Restaurant - Change Application 28.2.19 · 51997.2302.01

It is understood that the addition of the lightweight shade structure (through the removal of
Condition 4) to the outdoor area will in effect be increasing the GFA of the development. However,
the proposed reconfiguration and reduction of the dining area offsets this minor change. The indoor
and outdoor dining areas are being reduced by 37m? and 4m? respectfully (Table 1). The Amended
Use Area Plan (Appendix B) significantly reduces the indoor dining area.

The proposed Minor Change to Condition 4 and the approved plans can be supported on a number
of grounds as detailed below:
1. The proposal can be defined as a Minor Change to Approval in accordance with Schedule 2
of the Planning Act 2016,
2. The existing carparking infrastructure supports the reconfiguration of indoor and outdoor
dining areas, and
3. The proposal has design merit with consideration to Council's design guidelines and the
strategic planning intent supports outdoor dining experiences.

Importantly, the fitting of the lightweight shade structure will not result in any additional dining area
being created, and during periods of good weather the outdoor dining area is being used to its
fullest extent.

1. MINOR CHANGE

In accordance with Schedule 2 of the Planning Act 2016 a ‘minor change’ means change that -

(b) for a development application -

(i) does not result in a substantially different development; and
(ii) if the application, including the change, we remade when the change is made — would
not cause —

(A) the inclusion of prohibited development in the application; or

(B) referral to a referral agency if there were no referral agencies for the
development application; or

(C) referral to external referral agencies; or

(D) a referral agency to assess the application against, or have regard to, matters
prescribed by regulation under section 55(2), other than matters the referral
agency must have assessed the application against, or have had regard to,
when the application was made; or

(E) public notification if public notification was not required for the development
application.

In respect of whether the change results in a ‘substantially different’ development, assessment
against Schedule 1: Substantially Different Development Guideline contained within the Development
Assessment Rules, is provided in Table 2 below:

Table 2: Substantially Different Development Guideline

 

‘Substantially different’

development Comment

 

Involves a new use The restaurant use remains unchanged. The proposed
lightweight shade structure will replace the existing
umbrella/shade sails.

 

Results in the application applying No new land is applied over as part of this change
to a new parcel of land application. The extent of shade sail does not exceed the
existing building footprint or use area.

 

 

 

 

Dramatically changes the built As demonstrated within the enclosed Architectural