HRP18103.L03.004 · MCU16/0133.01

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3.       RELEVANCE OF FURTHER ASSESSMENT

In determining that the proposed minor change introduces a new use onto the site, the only option would be
for the applicant to pursue a new application. However, it is unclear what, if any, benefit to the public or Council
would be gained by subjecting the applicant to a new application and assessment process.
To wit, we note that in our correspondences and meetings with Council to this point, Council have not identified
this development as the source of any amenity concerns with neighbouring land uses. Indeed, Council has
advised the operation of the business has attracted no complaints to date. It is our recollection that during the
proceedings of a meeting on 20 July 2018, Council officers advised that the compliance actions were not
related to any amenity issues in terms of noise, parking, or light impacts, but rather were concerned with
protecting industrial land from fragmentation and alienation from incompatible land uses.
In relation to this matter, we would submit that the proposed minor change will have no impact on the current
and future use of the site as a primarily industrial land use. In particular, we submit that:
     •   The business operates as a boutique brewery, and typical of other boutique breweries includes an
         opportunity for food and drink provision as an ancillary and associated use;
     •   The applicant has provided Council with concept plans showing expansion plans for the brewery
         operation, which will over time reinforce the primary use of the site as a working brewery;
     •   The expansion of the brewing area over time will extend into the proposed Flexible Function/Industry
         Area, reducing the amount of floor space available for the non-industrial uses on the site; and
     •   No fixed plant or equipment such as chairs, tables or booths are located within the Flexible
         Function/Industry Area, meaning that when this minor aspect of the overall site use is not operating
         the entire floor space remains available for industrial production.
On this basis, we would respectfully submit that the current and proposed nature of site operations does not
alienate or interfere with the use of the land for industrial activities, and instead represents a modern
industrial land use that leverages on the attributes of site production activities.

4.       ASSESSMENT PROCESS TO DATE

We are somewhat dismayed at Council having raised this consideration of a potential new land use 25 days
after the lodgement of the minor change application, noting that such an application is subject to a statutory
assessment period of 20 business days. Additionally, this matter has been raised five months after Council’s
initial correspondence regarding the matter. In all of our previous interaction with Council, such a matter has
not been raised by Council.
Council has had significant opportunities to consider this matter through all previous correspondence
commencing on 8 May 2018, which included:
     •   Three letters from Council outlining Council’s position in terms of the development’s perceived non-
         compliance with the approved plans and conditions of the development, but no mention of a potential
         new use;
     •   Six emails from the Applicant clearly outlining the Applicant’s use of the space;
     •   Two meetings with Council officers to discuss in explicit detail areas of perceived non-compliance and
         the Applicant’s intended actions to satisfy Council’s requirements;
     •   A letter from Cardno outlining the intention to submit a Minor change prior to the submission of the
         application;
     •   Multiple emails from Council issued prior to the submission of the minor change application, including
         one email confirming Council would accept the application as a Minor Change for the fee of $4,455.00.
         It is noted that in assisting Council determine the applicable fee, the proposed plans of development
         to be lodged with the minor change application were provided to Council with an explanatory letter
         detailing the scale and nature of the proposed minor change; and
     •   Numerous phone conversations with Council officers throughout the process discussing the key issues
         and methods for resolution.