2021-08-10 Planning & Environment Committee Meeting Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    10 AUGUST 2021


Accordingly it is appropriate that Council review the request and decide the matter. The following
points are made for Council’s consideration:
•     The bowser and underground tanks were approved on the road reserve by Council as part of
      the previous use of the site for a service station.
•     The approval for the bowser and underground tanks did not include a requirement to remove
      them at the cessation of the use, though perhaps this was implied.
•     Prior to the lodgement of the development application for the bakery and restaurant formal
      notices by Sunshine Coast Regional Council’s Environmental Health Officers were issued to
      the service station operator to remove the bowser and decommission the tanks, but these
      notices were not acted upon and changes to legislation occurred.
•     Council’s Environmental Health Officers previously advised that the underground tanks did
      present a significant safety issue as there would likely be fumes still existing in the tanks and
      potential for leakage from the tanks and it was important that this matter be resolved as soon
      as possible.
•     The cost of undertaking the works is generally consistent with preliminary estimates officers
      had obtained for the works.
•     A number of conditions of the development approval for the bakery and restaurant still remain
      outstanding including dedication of 1.5m of the site for widening of Wimmers Lane, with the
      required rear car park converted to outdoor dining.
It is considered that Council should reimburse the owner 50% of the cost of the works for
decommissioning the underground tanks given the then owner acted reasonably in trying to address
the outstanding conditions of the approval and resolve a safety matter promptly.
Previous Council Consideration
Ordinary Meeting Minutes, 21 December 2017, Item 7, Page 6
That Council note the report by the Coordinator Planning to the Planning & Environment Committee
Meeting dated 12 December 2017 regarding Application No. MCU17/0530 for a Development Permit
for Material Change of Use - Entertainment & Dining Business Type 1 Food & Beverage situated at
34 Maple St Cooroy and:
A.    Approve the application in accordance with the conditions contained in the Planning &
      Environment Committee Agenda dated 12 December 2017.
B.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


Finance
The cost of reimbursing the owner is 50% of $10,150.25, which is equivalent to $5075.12. This cost
is minor and will be absorbed within the current 2021/22 Development Assessment branch budget.


Risks & Opportunities
There is limited risks for Council given the underground tanks have now been decommissioned and
there is no obligation on Council to agree to reimburse 50% of the cost of the works.
Non-compliance with outstanding conditions will need to be resolved with the new property owner
and operators.
Consultation
External Consultation - Community & Stakeholder
Nil



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