2019-10-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               8 OCTOBER 2019


3.   ASSESSMENT
3.1. Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following
statutory planning instruments to the extent they are relevant to the development:
   State Planning Policy;
   South East Queensland Regional Plan;
   Planning Regulation 2017;
   The Noosa Plan.
The applicant has requested to make a minor change to a development approval under s78 of
the Planning Act 2016. An application for a minor change to a development approval can only be
made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
   the development would not result in substantially different development as the use of the
     site remains as approved;
   the change does not include prohibited development;
   the change would not require the application to be referred to an additional referral agency
     or cause a referral agency to have regard to new matters prescribed by regulation;
   The change would not cause the application to become impact assessable as the
     application has previously followed an impact assessable process.
3.2. Statutory Instruments – Planning Scheme
Condition 3
3.   The proposed development provides for an extension to the Gaming Area (providing for a
     maximum of 195 gaming machines and limited to a maximum floor area of 565m 2),
     Smokers Terrace, Store, Children’s Lounge, basement carpark area and other internal
     modifications as shown on the approved plans.
Applicant’s Request
The applicant has submitted a letter detailing the nature of the application with supporting
grounds.
The letter, included as Attachment 1, provides reasons why the application should be supported.
(The letter has been redacted to remove a paragraph containing financial information that was
provided in confidence). In summary these include:
 The Office of Liquor and Gaming regulates the maximum number of machines permitted in
   Licensed Community Clubs with the maximum number being 300;
 An intensive application process is required to obtain machines including demand, community
   benefit, impact on amenity, demographics of catchment area, traffic, crime, etc
 Council has overridden the control measures of OLGR and embedded a condition in the DA
   approval limiting the maximum number of permitted EGM’s at a number significantly lower
   than that which can be approved, by the Commissioner
The TNRSL is a progressive Club and has an excellent reputation within the industry and the
community and the Club considers itself to be an integral part of the greater Tewantin and Noosa
communities, both as a 'business' and a provider of community services and facilities The Club
also has an excellent record with the Regulatory Agencies and does not have any relevant
negative Compliance history.


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