MCU15/0086 - Attachment 1

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                         2 FEBRUARY 2016




       Figure 5 – Village Bicycle Outdoor Area Adjacent to Bottlebrush Ave frontage
                               (looking toward Noosa Drive)

2.   SITE DETAILS
2.1. Background
A Town Planning Consent was issued in 1976 for the use of the site as offices (TPC 578).

The Noosa Plan allows for shops, offices and restaurants to establish within existing
buildings within the Business Centre zone, subject to self assessment. Bean Drop cafe has
been operating from the site for 4 years and Village Bicycle opened in April 2014.

Discussions with the Village Bicycle owners indicate they sought verbal planning advice
about the requirements for changing the use of the existing office premises to food and
beverages prior to establishing but did not advise Council staff of the intention to add new
outdoor dining areas.

The Village Bicycle is a licensed premises and sought changes to its liquor license through
the State Office of Liquor & Gaming Regulation (OLGR) in July 2015 to allow patrons to
stand and vary the amplified entertainment restrictions. The OLGR sought Council’s advice
in relation to the change and Council officers objected on the basis the use of the outdoor
areas was occurring without a development permit. The current application has been lodged
in response.

The changes sought by the applicant to its liquor licence are understood to have originated
from compliance action undertaken by the OLGR in response to noise complaints from an
adjacent resident. OLGR officers have since attended site on a number of occasions to
monitor compliance with its liquor licence conditions, including requirements for patrons to
be seated when outside and on site noise limits. The complainant to OLGR and two other
adjacent unit residents/owners have written to Council about the application asking for noise
to be addressed with this application.


                                                                                   Page 11 of 81