2016-08-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   9 AUGUST 2016




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PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                              9 AUGUST 2016

                          d.   In this condition Council has essentially reserved the right to restrict hours of
                               operation should a nuisance occur by refusing to extend the relevant period after
                               21 June, 2017. There are numerous authorities in different planning regimes in
                               Queensland and New South Wales where such a condition was deemed to be
                               unlawful.

                          e.   The condition leaves for later decision an important aspect of the development,
                               and the decision on that aspect could alter the proposed development in a
                               fundamental way, namely it will cease as at 21June, 2017.   Consequently the
                               current decision notice with Condition 7 cannot be regarded as final. The condition
                               offends the finality principle and should therefore be deleted.
                 V.    In any regard, with Condition 7 making such a vague and open reference of Council’s
                        assessment criteria, it may be that a determined neighbour may continue to lodge regular
                        complaints directed at the Village Bicycle with Council. To date Council has not been
                        forthcoming with providing the applicant with any information on such complaints or even
                        communication with the Office of Liquor & Gaming Regulation. Given the investigations by
                        Council following certain complaints with the applicant, it would appear that such
                        complaints can at times relate to other nearby premises and not the Village Bicycle
                        premises.  Council should therefore keep accurate records of any such complaint and
                        thoroughly investigate each complaint and concisely document its findings of any such
                        complaint may be considered by Council to be ..’any other relevant matter.’ The applicant
                        should also be given complete access to such complaints and to Council’s documented
                        findings of any such complete these complaints and/or findings may be relied on by
                        Council in any way to close Village Bicycle at 21 June, 2017.

       Requested Response: That Condition 7 be deleted from the development permit.

       The applicant requests that these representations be assessed by Council as soon as possible and that
       Council issues a Negotiated Decision Notice which amends the original Decision Notice as requested
       above.

       Please do not hesitate to contact our Sunshine Coast office if Council requires any further information and/or
       clarification in relation to these representations.

       Yours faithfully,

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       Greg Martoo
       Principal
       martoo consulting
       Encl. (1)
       Seating Diagram for Village Bicycle

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