L10 changes application to SCRC · MCU13/0095.01

The site was approved for a Retail Garden Centre and Coffee Shop in 2000 with Council approving a
change to the development permit in 2012 which permitted redevelopment of the existing nursery
building. These approved plans detailed an additional mezzanine floor in the existing building,
modernization of the external appearance of the existing buildings, upgrades to the display and
carparking areas and renovation of the existing coffee shop and outdoor seating area.

The owner/applicant of the site has commenced preparation of detailed building plans for the
approved redevelopment and following costings of the project determined that the proposed
mezzanine floor in the existing building is not viable and does not address the overall design
philosophy for the site. The applicant has amended the plans which are detailed in Annexure A
indicate:
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             •   Deletion of proposed mezzanine floor of 204m within existing building located along
                 southern boundary of site;
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             •   New upper level floor level of 120m located in centre of site over approved shop and
                 display area;
             •   New upper floor level to be used as a flexi-space for activities such as education or
                 community groups;
             •   Polycarbonate roofed space frame to replace proposed cantilevered roof form; and
             •   Relocated bin area and removal of loading area along western boundary.

In support of the proposal the following is noted:

            •    The changes involve the relocation of approved floor area to a more central location
                 of the site;
            •    The new floor level is in keeping with the overall design intent for the site;
            •    The new floor level is more centrally located and away from residential properties;
            •    The new flexi space reduces the approved floor area of the site; and
            •    The changes provide a more cost effective development for the site.


Sustainable Planning Act
Section 367 of the Sustainable Planning Act defines a permissible change for a development approval
as:

         (1) A permissible change, for a development approval, is a change to the approval that
        would not, because of the change—
        (a) result in a substantially different development; or
        (b) if the application for the approval were remade including the change—
                           (i) require referral to additional concurrence agencies;
                           or
                          (ii) for an approval for assessable development that previously did not require
                          impact assessment—require impact assessment; or
        (c) for an approval for assessable development that previously required impact
        assessment—be likely, in the responsible entity’s opinion, to cause a person to make a
        properly made submission objecting to the proposed change, if the circumstances allowed; or
        (d) cause development to which the approval relates to include any prohibited development.

The proposed change is considered to comply with the requirements of the Sustainable Planning Act
as detailed below:

        (a) result in a substantially different development;

           The proposed change does not result in a substantially different development as minimal
           external works are proposed and the use remains the same. The proposed change
           involves the relocation of approved floor space to another section of the site and is
           consistent with the original approval.