2016-05-19 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                            19 MAY 2016


          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
                                    Proposal Plan, prepared by RG Strategic     26/11/2015

                                    Proposal Plan – Proposed Layout, prepared   20/04/16
                                    by RG Strategic

           Nature and Extent of Approved Use
           3.    Entertainment and Dining Business Type 2 - Recreation, amusement & fitness
                 (Yoga Studio) must not exceed a total use area of 220m².
           4.    The Entertainment and Dining Business Type 1 – Food & Beverages
                 (Restaurant) must not
                 a.    operate outside the hours of:
                       i.      7am to 10pm Sunday to Thursday
                       ii.     7am to Midnight Friday and Saturday
                 b.    exceed a Use area of 100m2 inclusive of 30m² of outdoor dining.
           5.    The Entertainment and Dining Business Type 1 – Food & Beverages
                 (Restaurant) must be undertaken and operated in a manner that causes no
                 detrimental effect upon the amenity of the surrounding properties. In this
                 regard, where a complaint (other than a frivolous or vexatious complaint) is
                 made to Council about noise from the approved use areas, Council may
                 require the operator or site management entity to have a suitably qualified
                 acoustic consultant undertake a Noise Impact Assessment (NIA) in
                 accordance with the Environmental Protection (Noise) Policy 2008. The NIA
                 report must be submitted to Council for endorsement which outlines the
                 findings and recommendations of the NIA. The recommendations must be
                 implemented.
           6.    Two signs directing vehicles to the relevant car parking area must be
                 provided. One sign must be located at the top of the basement ramp and the
                 second sign at the entry to the car parking area on Level B (approximately
                 half way down the ramp).
     B.    Find the following are sufficient grounds to justify the decision despite the conflict
           with the Planning Scheme:
           1.    The Yoga studio is low impact and compatible with the site’s existing visitor
                 accommodation and the surrounding area.
           2.    The Yoga studio provides a service to visitors and permanent residents in the
                 area.
           3.    The restaurant is complementary to the approved Visitor Accommodation use
                 on-site and offers guests and local residents a service reasonably expected in
                 a resort development.
           4.    The restaurant will not adversely impact on the developed character or
                 amenity of the area.




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