2016-08-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    9 AUGUST 2016


Representations to Conditions
Details and assessment of the representations to the existing conditions are as follows.
Condition 3 – Hours of Operation
3.    The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
      dining area permitted after 10pm only on Friday to Monday nights inclusive.
Applicant’s Request
The original development application requested Council’s approval for the outdoor dining
component of the proposed use between the hours of 5am to 12pm Monday to Sunday (i.e. seven
days a week).
The applicant appreciates that in the above decision notice Council has approved the use of the
outdoor dining area for four (4) nights a week. The applicant is requesting that Council amend the
above decision notice to approve the seven (7) nights week as originally proposed.
Those matters raised in our submission to Council dated 5th May, 2016 continue to remain relevant
for this consideration. In summary, the grounds that support the applicant’s request include:
(a)   The Village Bicycle Café was established to provide a suitable venue for local residents,
      particularly part-time workers in local hospitality industry after venues at which they work at
      close each night. Many of these part-time workers who start work mid-afternoon and finish
      work between 8pm and 10pm. As such, it is preferable for trading hours to extend to 12pm
      weekdays.
(b)   The Village Bicycle operates differently to those surrounding similar venues which appear to
      target visitors and holiday makers including backpackers and operate more as a hotel. The
      Village Bicycle is a venue which deliberately wants to be a place where local residents mingle
      and interact in the evenings and where a sense of community is fostered. For example the
      venue supports local charities such the Salvation Army during the recent Red Shield Appeal
      in funding providing aimed at local youth.
(c)   Council has conceded that the proposed use can comply with noise level limitations until
      12pm under noise limits set by Noosa Council which are stricter than those applied under
      both the State Liquor Act 1992 and Liquor Regulation 2002 and the State Environmental
      Protection (Noise) Policy 2008 once a 2.6m high wall is constructed as required by Council
      in the above decision notice and in compliance with other conditions of approval. It would
      therefore seem both logical and reasonable that if the proposed use is approved to operate
      on its busiest trading evenings until 12pm four (4) nights a week, then it should not be an
      issue to operate on the remaining three (3) nights when local patronage is commonly lower.
(d)   Interestingly the feedback obtained by The Noosa Junction Association (who represents
      business owners and land owners in The Junction) is that The Junction can appear a
      somewhat inactive and uninviting place during these three week nights. The Association is
      therefore of the opinion that having The Village Bicycle open during these three (3) nights
      will assist The Junction be differentiated from the Noosa Civic and other more retail and
      commercial focused precincts.
(e)   The applicant however has experienced Council’s continued opposition to the use ... As
      indicated above, the Village Bicycle operates so as to provide a venue for local residents,
      particularly those working in the local hospitality industry. These part-time workers tend to
      be better placed to use this type of venue on Tuesday to Thursday nights during holiday
      periods when they are likely to be more actively employed because of increased patronage
      of other hospitality related venues during such periods.




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