2017-01-16 General Committee Agenda

GENERAL COMMITTEE MEETING AGENDA                                             16 JANUARY 2017


The cooking classes are intended to be low key with the change enabling the restaurant to provide
an alternative dining experience with chef’s demonstrating food preparation and cooking
techniques with sampling offered to attendees.
A floor plan depicting the proposed expanded use area is provided below in Figure 1.




Figure 1 – Proposed Outdoor Dining Area
2.   SITE DETAILS
2.1. Body Corporate Consent
Prior to Council deeming the permissible change application as ‘properly made’, body corporate
consent is required where the proposed expansion to the outdoor dining area of tenancy 3 is over
common property. While it is not a Council requirement for any dining area of tenancy 3 to be
wholly within its associated exclusive use area, any request to utilise common property which is
materially changing must be accompanied with body corporate consent prior Council assessing or
deciding the request.
Prior to submitting the permissible change application seeking approval for an expansion to the
use area of tenancy 3, body corporate consent was sought to utilise common property, however
no consent was granted. The matter was appealed and resolved through the Department of Justice
and Attorney-General and an Adjudicator’s Order was issued overturning the body corporate’s
refusal.
Following the resolution, the permissible change application was lodged with Council on 20
October 2016 accompanied by the Adjudicator’s Order. However, the Adjudicator’s Order only
related to the proposed timber bench area and not the cooking bench with an associated 4.8m2 of
use area.
The proposal plans are unclear in this respect as the exclusive use plans have no dimensions
included. The applicant advised that the proposed cooking bench is wholly located within the
registered exclusive use area for tenancy 3 and provided a preliminary plan indicating similarly.
Consequently, the applicant has confirmed that they will accept a condition for the proposed
additional use area to be fully located within the approved exclusive use area of tenancy 3.




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