2019-10-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                  8 OCTOBER 2019


RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 8 October 2019 regarding Application No. MCU16/0079.04 for a minor
change to Development Permit for Material Change of Use for extensions to RSL Club situated at
5 Memorial Avenue, Tewantin, described as Lot 10 on SP 273411 and:
A.     Agree to amend condition 3 to read as follows:
       3.    The proposed development provides for an extension to the Gaming Area (providing
             for a maximum of 210 gaming machines and limited to a maximum floor area of
             565m2), Smokers Terrace, Store, Children’s Lounge, basement carpark area and
             other internal modifications as shown on the approved plans.
B.     Refuse to delete condition 3 for the following reason:
       1.    Maintaining the condition allows Council to regulate the area in which gaming can
             occur and ensure that the gaming area remains ancillary and subordinate to the
             primary use.
C.     Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.     PROPOSAL
The applicant seeks approval to change to an existing development approval. A letter
accompanying the application details the proposal as follows:
     …… In the first instance (the short term) we are seeking a Variation to the existing Condition
     in the DA, changing the maximum permitted number of EGMs from 195 to 210.
     …. Secondly, we are also requesting that Council re-consider removing the relevant Condition
     from the DA. This will allow the Club to manage this area of its business and affairs under the
     scrutiny and guidance of the Commissioner of Liquor and Gaming, without the need to reapply
     to Council for further variations to the DA Condition (should a similar business decision be
     made in the future)
The proposed additional 15 gaming machines have been installed and are operational.
2.     BACKGROUND
The Tewantin Noosa RSL has been located on the site for a number of years, with the original
building occupying the land fronting Poinciana Avenue, being Lot 3. Since that time, the RSL has
continued to grow in response to community need. The current development approvals for the
existing RSL are briefly described below:
     TPC 1894 – Dining Room (Caterer’s Room) an Extension to Existing RSL;
     TPC 2782 – Extensions to Existing RSL Club;
     R 473 – Rezoning from Special Use – Church to Special Facilities RSL Club in accordance
       with a Plan of Development;
     3B-388 Special Facilities (RSL Club in accordance with the Plan of Development);
     1043 TC – Tewantin Noosa RSL and Citizens Memorial Club – Liquor Sales Area &
       Ancillary Changes;
     MCU16/0079 - Development Permit for Material Change of Use of Premises - Extension to
       existing RSL Club.
     MCU16/0079.01 – An amendment to the existing approval was approved by Council on 29
       August 2017 primarily relating to changes to the internal floor layouts and the roof form.



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