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Planning Statement · 51991.438.01

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PLANNING STATEMENT

Change Applica on – TPC 04595TC

Removal of Condi on 8

Lot 28A – 18 Has ngs Street, Noosa Heads



1. Introduc on

This Planning Statement is submi ed in support of a Change Applica on under the Planning Act 2016
seeking the removal of Condi on 8 of Development Permit TPC 04595TC.

The condi on was imposed in 1991 in rela on to the opera on of the original “Rolling Rock”
nightclub at Bay Village.

It is submi ed that Condi on 8 is no longer necessary, reasonable, or propor onate having regard to:

       Material changes in the opera on of the premises;

       Significant regulatory reforms since 1991;

       Modern compliance and management controls now in place;

       The altered configura on and risk profile of the venue.



2. Background

Development Permit TPC 04595TC was issued in 1991 for a nightclub use at Bay Village, Noosa
Heads.

Condi on 8 states:

“The Developer or operator shall to the sa sfac on of the council provide for security personnel to
patrol Bay Village Centre and adjacent public areas of Noosa Parade and Has ngs Street during the
hours of 12 midnight and 4am for the purposes of preven on and restraint of unruly behaviour,
undue noise, loud or foul language or abuse by patrons who have departed the premises.”

The condi on was imposed in the context of the opera onal environment and regulatory framework
that existed in 1991.

At that me:

       The venue operated later into the early morning hours;

       The configura on included a bridge and adjoining cocktail bar;

       There were no ID scanning systems;

       CCTV systems were limited;

       Modern liquor regula on reforms had not yet been introduced.




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Full text of the other 3 pages

Page 2

3. Current Opera on of the Premises

The current operator of Lot 28A is The Rock Noosa.

Trading Hours:

       Thursday, Friday, Saturday: 8:00pm – 2:00am

       Licensed hours: 10:00am – 2:00am (7 days per week)

The venue does not trade beyond 2:00am.

Current Opera onal Controls:

The venue implements contemporary patron management measures including:

       In-house security personnel during trading hours;

       In-house policy of Mandatory ID scanning using Scantek systems;

       Comprehensive CCTV coverage with 60-day footage reten on;

       RSA compliance procedures;

       Incident recording and management systems;

       Ac ve management of patron departure.

These controls significantly exceed what was available or required in 1991.



4. Material Changes Since 1991

Since the imposi on of Condi on 8, the regulatory and opera onal landscape has materially
changed.

4.1 Lockout Laws and Trading Cessa on

Modern liquor legisla on requires cessa on of trading at 2:00am.
The venue cannot operate to 3:00am, 4:00am or 5:00am as was common in earlier decades.

As a result, patron dispersal occurs earlier and under more controlled condi ons.

4.2 ID Scanning Requirements

The venue u lises Scantek ID scanning systems, which:

       Verify patron iden ty;

       Record entry details;

       Deter an -social behaviour;

       Enable traceability of patrons involved in incidents.

ID scanning did not exist in 1991.




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4.3 CCTV Technology

The premises operates a modern CCTV system with 60-day storage capability, covering internal and
external areas.

This provides:

       Deterrence;

       Evidence preserva on;

       Accountability;

       Rapid response capability.

4.4 Venue Configura on

The historical configura on of the original Rolling Rock nightclub incorporated a bridge and adjoining
cocktail bar.

The current opera on does not u lise this historical configura on.

The opera onal footprint and risk environment differ materially from those exis ng at the me of
the original approval.



5. Assessment of Condi on 8

Condi on 8 requires security personnel to patrol between 12:00am and 4:00am for the purposes of
preven ng unruly behaviour by patrons who have departed the premises.

The condi on is:

       Time-specific (12:00am–4:00am),

       Purpose-specific (behaviour of departed patrons),

       Outcome-focused (preven on and restraint of disorder).

The current opera on:

       Ceases trade at 2:00am;

       Employs in-house security;

       Implements ID scanning;

       Operates CCTV;

       Manages patron dispersal ac vely.

Given the earlier cessa on of trade and modern controls, the risk profile between 12:00am and
4:00am is significantly reduced compared to 1991.

It is submi ed that the intent of Condi on 8 is already achieved through contemporary opera onal
prac ces without the need for a mandated 12:00am–4:00am patrol requirement.




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Page 4

6. Necessity and Reasonableness

Under contemporary planning principles, development condi ons must be:

       Relevant;

       Reasonable;

       Necessary;

       Propor onate.

Condi on 8 was imposed under a materially different opera onal and regulatory environment.

Given the current context, it is submi ed that:

       The condi on is no longer necessary to achieve its stated purpose;

       The opera onal controls now in place sufficiently manage risk;

       The con nua on of Condi on 8 would be dispropor onate to the actual opera onal
        circumstances.



7. Conclusion

The premises now operates within a modern regulatory framework incorpora ng:

       Earlier trading cessa on;

       ID scanning technology;

       CCTV surveillance;

       Structured patron management;

       In-house security during trading hours.

These measures adequately address the preven on and restraint of disorderly behaviour by
depar ng patrons.

Accordingly, it is submi ed that Condi on 8 is no longer necessary or reasonable and should be
deleted in full.

The applicant respec ully requests approval of the Change Applica on removing Condi on 8 from
Development Permit TPC 04595TC.




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