Community planning services in Glenelg Shire Council : 1998-2005 ...

70 Did the council comply with key legislative, planning scheme and other requirements?
CASE STUDY 10: AMENDMENT TO PERMIT - COFFEE SHOP AND GALLERY IN RESIDENTIAL
AREA
In May 2003, the council approved a permit to establish, within a residential area,
a coffee shop and gallery. The permit application lacked detail, with no
information supplied on the level of seating in the coffee shop, car park and
vehicle access, and fire protection services to be provided. There was no evidence
that an assessment of the application had been undertaken. Adjoining land
holders were notified of the proposal.
Two neighbours objected to the proposal. Their concerns included the impact of
the business on the amenity of the area given the potential for increased noise and
traffic, and the limited off-street car parking proposed. The applicant responded
to the objections by indicating that his intention was not to seat more than 8 to 10
people at any one time in the coffee shop and the operation of his business would
not interfere with residents’ daily routines.
The permit was issued with 8 conditions that addressed such matters as operating
hours, drainage, the need to act responsibly, and seating capacity (limited to 10
seats). The applicant was also to construct an on-site car parking area and provide
adequate access to the business.
On 10 October 2003, the applicant asked the council to amend the permit to
increase the seating capacity to 30 people. This permit was amended on 15
October to incorporate the changed seating capacity. The file contained no
evidence of any assessment by the council, as required by the Act, to determine
whether the amendment caused increased detriment to any person. The
neighbours who had objected to the initial application were not advised of the
amendment to the permit.
In April 2004, residents complained to the council about the noise, cars being
parked on their front lawns, their driveway access being blocked, the coffee shop
operating outside of its advertised hours and the excessive number of patrons
(greater than 10). They were also concerned that liquor was being served on the
premises when there had been no notification that the business was to have a
liquor licence.
Council asked the business owners to comply in all respects with the conditions
of their amended planning permit.
Source: Glenelg Shire Council, Application no. 124/03, Isle of Bags Road, Nelson.
Amendment of approved permit: Case study 11
The following case study provides a further example of changes made to
an approved permit without any evidence supporting the council’s
decision.