2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     12 JUNE 2018


RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 12 June 2018 regarding Application No. MCU18/0040 for a
Development Permit for Material Change of Use - Entertainment & Dining Business - Type 1
Food & Beverage situated at 11/1 Tingira Cres, Sunrise Beach and:
A.   Approve the application in accordance with the following conditions:
           When Conditions must be Complied With
     1.    Unless otherwise stated, all conditions of this Decision Notice must be complied with
           prior to the use commencing, and then compliance maintained at all times while the
           use continues.
           Approved Plans
     2.    Development undertaken in accordance with this approval must generally comply
           with the approved plans of development. The approved plan is listed in the following
           table unless otherwise amended by these conditions.

            Plan No.    Rev.    Plan/Document Name                                 Date

            A.03        C       Proposed Floor Plan, prepared by Zest Building     14/08/2017
                                Design

           Nature and Extent of Approved Use
     3.    The approved use must not operate outside the hours of 6am to 3pm, 7 days per
           week.
     4.    The approved total use area excluding kitchen and food storage areas is 36m²
           including any outdoor dining area.
           Amenity
     5.    The Entertainment and Dining Business Type 1 – Food & Beverages (Restaurant)
           must be undertaken and operated in a manner that causes no detrimental effect upon
           the amenity of the surrounding properties. In this regard, where a complaint (other
           than a frivolous or vexatious complaint) is made to Council about noise from the
           approved use areas, Council may require the operator or site management entity to
           have a suitably qualified acoustic consultant undertake a Noise Impact Assessment
           (NIA) in accordance with the Environmental Protection (Noise) Policy 2008. The NIA
           report must be submitted to Council for endorsement which outlines the findings and
           recommendations of the NIA and the recommendations implemented.
B.   Find the following are sufficient grounds to justify the decision despite the conflict with the
     Planning Scheme:
     1.    The Entertainment and dining use is catering for residents and visitors to the beach
           side location without any adverse impacts on surrounding amenity.
     2.    The food and beverage use is a good reuse of a tenancy which has been historically
           used for a commercial activity for more than 20 years.
C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




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