MCU15/0086 Representations to Council approval for Village Bicycle

                       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,




Greg Martoo
Principal
martoo consulting

Encl. (1)

Seating Diagram for Village Bicycle