2016-06-07 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA   7 JUNE 2016




                                                  Page 26 of 65

3.  “The approved use must not operate outside the hours of 5am to 12pm”

    4.  ‘Patrons in the outdoor dining area must be seated and limited to 50. ‘
The Applicant’s Concern with this recommended condition:         When compiling those conditions of
approval that relate to ongoing operations, the applicant prefers that such conditions are able to be clearly
interpreted, implemented and monitored by any party with an interest in establishing compliance. These
conditions should therefore be complied so as to minimise the potential of any confusion or differences in
their interpretation. It is considered that the above recommended condition as currently compiled could
create confusion and differences in interpretation.
It is suggested that patrons will need to stand and walk at times to enter and leave the venue, order food and
drinks from inside the building, to use the onsite toilets from time to time, and so on. Being a venue that
attracts local residents, it is highly likely that some interaction may occur briefly between patrons as they
move to and from their seats. The condition as currently worded states that “patrons in the outdoor dining
area must be seated...”..   It is suggested that the intent of the condition is that each patron should be
allocated a seat and as such no patron should be required to stand due to not having a seat. It is strongly
suggested that the recommended condition should be reworded.
It is further understood that Council itself identified the maximum number of seats from counting seats in
photographs supplied in the current development application. The figure 50 was not a number supplied by
the applicant. The applicant advises that a total of 70 seats exists in the outdoor dining area and as such itis
requested that this condition adopt this correct number.
The Applicant’s Request:         That recommended Condition 4 be amended as follows -
    4.  ‘Patrons in the outdoor dining area must be have a seat allocated on the premises and the number
        of seats in the external dining area is 70. ‘

The applicant has been surprised by the local public support for its proposal since the local newspaper itself
instigated an article on the current development application. The applicant has obtained support from
nearly 2000 people whereby approximately 1300 people provided online support and in doing so offered
comments and approximately 600 people signed a petition at the counter of the premises whereby over 90%
of the signatures were from people who can considered to be “local residents”. Copies are enclosed for
Council’s records.

The applicant appreciates the willingness of Council to delay its assessment to provide the applicant the
ability to meet with Council staff and investigate certain matters. The applicant now requests that Council
completes its assessment of the development application.     Council remains welcome to contact our
Sunshine Coast office if there are any matters that require clarification.

Yours sincerely,

  LY[ le SFE
 Uy         ALBAAVGD

Greg Martoo
Principal
martoo consulting pty Itd

                                                                                           Page 26 of 65