2014-06-17 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                   17 JUNE 2014


RECOMMENDATION
That Council agree in part to the representations submitted in relation to application
MCU13/0069, situated at Sound Park described as Lot 32 N 21854 situated at 90 Noosa Parade,
Noosa Heads, and issue a Negotiated Decision Notice in accordance with the following:
A.   Approve a change to condition 9 to read as follows:
     9.    The approved use must not operate outside the hours of:
           (a)    7am to 10pm Sunday to Thursday
                  (i)   except during the Christmas, Easter and September school holidays
                        where the use may operate from 7am to 10.30 pm Sunday to Thursday.
                        The dates for these holidays must be in accordance with the Department
                        of Education, Training and Employment (Education Queensland) - School
                        holidays for Queensland state schools.
           (b)    7am to 12 midnight Friday and Saturday
     The requirements of this condition must be included in any lease agreement for the outdoor
     dining areas.
B.   Agree to delete condition 10.



REPORT
1.   BACKGROUND
A Development Permit for Material Change of Use of Premises (Entertaining & Dining Business
Type 1 - Food & Beverages (Outdoor Dining) was issued on the 16 December 2013. The
application sought to intensify and formalise the existing outdoor dining areas associated with the
adjoining 6 restaurant and shop tenancies that adjoin the parkland (Sound Park).
At the time the application was publicly notified 14 properly made submissions and 1 not properly
made submission were received. The submitters were generally supportive of the outdoor dining
in the park with some concern raised in regard to the noise generated by the use.
The applicant suspended the appeal period on 19 December 2013 and made representations to
the development approval conditions on 21 January 2014 and further information was provided
on 16 April 2014. The representations are detailed below but primarily relate to the hours of
operation.
The following table shows the key details of the approved outdoor dining areas:
Dining area      Proposed            Associated            Existing Improvements in the Park
number           Outdoor Dining      Lot/restaurant on
indicated on     Area in the Park    adjoining property
plan
2                24m²                Lot 2 – Rock Salt        concrete pad (tiled)
                                                              low level landscaping dividing
                                                                wall
                                                              shade structure including clear
                                                                roll down café blinds.
3                26m²                Lot 3 – currently        concrete pad (tiled)
                                     unused                   low landscaping dividing wall
                                                              approval for a shade structure.
4                24m²                Lot 4 – currently        concrete pad (tiled)
                                     unused                   approval for a shade structure.



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