2017-10-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                 10 OCTOBER 2017


    An updated Stormwater Management Plan to reflect the staging and the current best
      practice water management objectives.
As part of this application to change the development approval, the court did not allow the
addition of juliette balconies and additional outdoor dining facilities to the commercial and visitor
accommodation building fronting David Low Way. The court did not agree the juliette balconies
and the outdoor dining areas constituted a permissible change pursuant to Sustainable Planning
Act 2009.
As such a new impact assessable application for a development permit to include juliette
balconies and additional outdoor dining (MCU12/0023) was lodged and subsequently approved
on 26 July 2012. The application attracted 198 properly made and 12 not properly made
submissions. Of the 198 properly made submissions, 81 objected and 117 supported the
proposal. The submitters were primarily concerned with noise generated from the outdoor dining
activities.
On 15 November 2013, Council agreed to extend the relevant period to 28 September 2016 and
extend the sunset provision to 4 February 2018 (Appeal No. 4139 of 2013).
On 16 March 2016 Council refused to further extend the relevant period and advised that a
request to extend the sunset clause must be made to the Planning and Environment Court. The
application was refused as primarily events had overtaken the approval with the supermarket and
speciality shops having been built over a significant portion of the site. The applicant has
appealed this decision and the matter is currently before the Planning and Environment Court.
The following image details the site layout of this approval (132007.1259).




                               Figure 16: Layout plan for DA 132007.1259
Reconfiguring of a Lot
A Development Permit for Reconfiguring a Lot (152010.627) was approved by Council on 29
October 2010. This approval created the western lot required by the material change of use
approval to be dedicated as parkland for environmental purposes and 2 other lots, being one lot

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