2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      12 JUNE 2018


2.3. Surrounding Land Uses
The site has similar sized rural residential uses on the southern and eastern boundaries.
Kingsgate Drive adjoins the property to the north, Sunrise Road to the west and Tewantin
National Park beyond. The closest resident dwelling to the use is approximately 43 metres away,
with other residents’ homes between 140 + metres away.
3.    ASSESSMENT
Under the provisions of the Sustainable Planning Act 2009 the applicant suspended its appeal
period and submitted representations to conditions of the approval. The Act requires Council to
consider the representations and give a new decision notice (a negotiated decision notice) to all
relevant parties, where the representations are agreed with. The representations primarily seek
to amend Condition 4 with regard to operating hours and Condition 13 with regard to acoustic
requirements.
Representations to Conditions
Condition 4
Shop (café known as Orange on Sunrise)
The approved use must not operate outside the hours of 5.30pm-9pm Wednesday to Sunday,
excluding public holidays.
Applicant’s Request
The condition is considered restrictive in the manner for which the business may operate with the
knowledge of the considerable operational works required to be undertaken with the carparking
requirements set down within the decision notice. Viability of the operation has been considered
by the applicant and with the current proposed hours of operation there is limited or no viability to
allow the use to continue. The applicant seeks that the proposed operational hours of service for
the Shop be from 4.30pm – 9.00pm Wednesday to Sunday to coincide with the daily closure of
the operations of the salon. It must also be recognised for the pizza operations of the shop that
prep must be undertaken prior to service and deliveries occurring. This prep of materials, bases,
etc is required for a minimum of two hours prior to opening for customer service. To this end the
pizza operations will require hours of 2.30pm – 4.30pm to enable this prep to occur, the proposed
hours within the conditions would limit and prevent preparation to occur. We proposed that
Condition 4 be amended to read;
4.   The approved operational hours of service for the café must not operate outside the hours of
     4.30pm – 9.00pm Wednesday to Sunday, excluding public holidays. Preparation without
     service to customers may occur from 2.30pm – 4.30pm.
Assessment
The applicant wishes the shop use to have 1 additional trading hour per day Wednesday to
Sunday, than what was previously approved, allowing it to open 1 hour earlier. Impacts on
residents arising from an additional hour per trading day is considered very minimal and therefore
is supported.
With regard to food preparation element raised by the applicant, it is considered although the
original condition did not prohibit kitchen preparation to occur, the suggested change proposed
by the applicant makes it very clear what occurs on site, and during what hours. Therefore, as
proposed by the applicant it is agreed to change Condition 4 as follows:
Shop (café known as Orange on Sunrise)
4.    The approved use must not operate outside the hours of 4.30pm – 9.00pm Wednesday to
      Sunday, excluding public holidays, apart from food preparation. Preparation on these days
      may occur from 2.30pm – 4.30pm, with no service to customers during this time.




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