Change to Approval Report · 51987.44.02

13.    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
      1.3           A       New Ground Floor Plan, prepared       March 2020
                            by Andrew McKellar
      1.4           A       New First Floor Plan, prepared by     March 2020
                            Andrew McKellar
      4.1           A       Elevations                            March 2020



35.   Conditions 14 & 15 - Nature and Extent of Approved Use

      Conditions 14 & 15 currently read as follows:
      14.   The total use area (excluding kitchen and food storage areas) of
            Entertainment and Dining Business - Type 1 Food & Beverages on
            the site must not exceed 54.4m2.
      15.   The total gross floor area of Retail Business - Type 2 Shop & Salon
            on the site must not exceed 209.25m2.

      Applicant’s Request

36.   It is sought that both conditions 14 & 15 be deleted.

37.   The specification of use areas and gross floor areas to the nearest
      square centimeter is considered to be overbearing and an
      unreasonable imposition on the development. These conditions, which
      require specific areas for each use, would prevent the flexible use of
      space within the building by tenants, and require a development
      application to be lodged should there be any slight change in use area
      or use within the premises. This would cause future delays and costs for
      the building owner and tenants and cause vacancies which would cut
      across the planning intent for the Thomas Street streetscape in which it is
      intended to have a vibrant and active street frontage that
      complements and enhances the area as a visitor destination.

38.   It is understood that the purpose of this condition related to carparking
      requirements associated with the additional use area sought by the
      ‘other change’ application.

39.   The ‘other change’ application sought a retrospective approval for the
      enclosure of a 29m2 area of space adjacent to the Thomas Street
      frontage and the use of single garage space having area of 27m2,
      being a total area of 56m2 to be used shop or restaurant purposes.