2022-11-08 Planning & Environment Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 8 NOVEMBER 2022


of Pomona, the proposal is considered to comply with the Driveways and Car Parking code. The
application is recommended for approval accordingly.

RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0148 for a
Development Permit for Material Change of Use - Food and drink outlet situated at 2 Memorial Ave
Pomona and:
A.   Approve the application in accordance with the following conditions:
     PLANNING
           When Conditions must be Complied With
     1.    Unless otherwise stated, all conditions of this Decision Notice must be complied with
           prior to the use commencing, and then compliance maintained at all times while the
           use continues.
           Approved Plans
     2.    Development undertaken in accordance with this approval must generally comply with
           the approved plans of development. The approved plans are listed in the following table
           unless otherwise amended by these conditions.
            Plan No.            Rev.   Plan/Document Name                                  Date
            0522WZ              -      Site Plan / Floor Plan (Outdoor Areas highlighted   11/07/22
                                       Blue), prepared by Accolade Building Designs
           Nature and Extent of Approved Use
     3.    The approved use is a Food and Drink outlet for the outdoor areas and kitchen and
           storage areas as shown on the approved plans.
     4.    The approved use must not operate outside the hours of:
           a.    6am to 10pm Sunday to Thursday and public holidays
           b.    6am to 12:00 midnight Friday and Saturday
     5.    Any live music must be contained within an enclosed acoustically treated environment.
     6.    The approved uses and associated activities must not result in environmental
           nuisances such as noise, visual or odour impacts that unreasonably diminish the
           amenity of the area or surrounding uses.
           Currency Period
     7.    This development approval lapses if the use has not commenced by 17 November
           2028, unless an application to extend the currency period is approved by Council.


REPORT
1.   PROPOSAL
This application seeks an approval for a Development Permit for Material Change of Use of
premises for an extension to an existing Food and Drink Outlet. The proposal involves formalising
the use of the outdoor use areas across the site as an extension to the existing Food and drink
outlet currently operating as Pomona Village Kitchen.
The site contains an existing building located at the front of the site which has historically been
used for commercial uses and has existing use rights. The proposed development does not seek
to make any changes to the existing operation of the food and beverage use at the site with the


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