Minor Change Cover Letter Assessment_060620 · MCU13/0081.01

O13 Gross Floor Area

O13 For the Visitor Mixed Use Zone the maximum a gross floor area is equivalent to the maximum
allowable population in persons multiplied by 40m2, provided that gross floor area does not exceed a
total of 13,600m2.

Compliance Summary: Land in the Visitor Mixed Use zone is permitted to have a density of up to 280
persons per hectare. On a site of 3471.30, this equates to 97.2 people. Gross floor area is the maximum
persons multiplied by 40m2. The permitted max gross floor area is therefore 3887.86m2.

The existing building (4,035.5m2) already exceeds this figure, the additional 53m2 of gross floor area is
considered acceptable on the basis it provides much needed amenities and a significantly improved
entry for the existing Sails restaurant, which in turn greatly improves the visual amenity along Park Road,
and provides weather protection for the western tenancies.

As the proposed changes do not meet the Specific Outcome, an assessment against overall outcomes
of the code has been undertaken. The key compliances are noted below:

    •   The proposed gross floor area represents an insignificant increase to the site’s existing
        commercial and retail offering and therefore will not materially affect the existing character of
        the development (in fact we believe there will be slight improvements);
    •   The additional gross floor area seeks to contribute to a vibrant pedestrian friendly streetscape
        and improve the variety of dining spaces which are available;
    •   The changes will contribute to the ability of the active uses to be available and operate in all
        weather conditions, and into the evening;
    •   The additional GFA does not impact on the development’s ability to provide a high quality
        pedestrian and landscape outcome; and
    •   The development maintains the respect for the scale and character of the streetscape and
        surrounding development.

The proposal is considered to comply with the Overall Outcomes relevant to Gross Floor Area and
therefore complies with the Code.

O15 Roof Form

S15.2 Buildings and structures do not include roof top terraces.

Compliance Summary: the existing development approvals permitted roof top terraces and therefore
it is believed that S15.2 is not applicable to this assessment. Notwithstanding this, as there are new
elements proposed within the roof top terraces, an assessment of the corresponding Specific Outcome
O15 has been undertaken in Attachment 2, with the key compliances noted below:

    •   the proposed changes are considered to increase the appeal and usability of the existing roof
        top terraces;
    •   the improvements will contribute to the creation of a vibrant atmosphere that is visible from the
        street, adjoining premises and the beach alike;
    •   The proposed structures are not entirely different from the existing situation which currently
        provides for a mixture of shade sails and umbrellas, and to this extent the proposal will provide
        consistency and continuity for the roofline;
    •   The proposed changes do not introduce any new overlooking opportunities.

The proposed changes to the existing roof top terrace level are considered to comply with the Specific
Outcome and therefore comply with the Code.




                                                    11