2014-06-17 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                   17 JUNE 2014


Dining area     Proposed           Associated             Existing Improvements in the Park
number          Outdoor Dining     Lot/restaurant on
indicated on    Area in the Park   adjoining property
plan
8               31 m²              Lot 8 - Rickys           concrete pad (tiled)
                                   Wood Fire Grill          low level landscaping wall
                                                              incorporated as a seat
                                                            shade structure including clear
                                                              roll down café blinds.
9               22 m²               Lot 9 - Rickys          concrete pad (tiled)
                                    Wood Fire Grill         approval for a shade structure
10              52 m²               Lot 10 Rickys           concrete pad (tiled)
                                                            shade structure including clear
                                                              roll down café blinds.
                The total outdoor dining area is 179m² or 5.8% of the total parkland.
Council is Trustee of the Reserve for Park (Sound Park). Various approvals for outdoor dining
have been approved by the Council over many years (dating as far back as 1987) for dining
areas in the Park in accordance with the applicable local law and planning controls at the time
and, most recently under Council policy ‘Commercial Use of Community Land’. Only Lot 8 has
planning approvals issued on 27 January 1987 and 21 July 1987 for outdoor dining (TPC 1774 &
TPC 1916) with a number of other planning applications for outdoor dining refused in the past.
Historically, Local Law outdoor dining permits have been issued for the outdoor dining in the Park
even though no planning approvals were in place.
A noise and ‘private use of public land’ complaint, prompted Sunshine Coast Council to review
the use of the Park for commercial purposes and the associated permanent structures. The
review found that the existing permanent structures and commercial use of the park conflicted
with the reserve purpose under the Land Titles Act 1994 and the Trustee Lease (Councils
Trustee lease over State owned Land) and any current permits were incorrectly issued. To
progress to a resolution, the State agreed for Sunshine Coast Council to enter into an informal
licence agreement with the lot owners to allow trading to continue until a permanent resolution
was in place.
Both the Trustee Lease and the Land Titles Act 1994 include provisions to allow for inconsistent
uses in the Park. The Land Titles Act 1994 requires Ministerial approval and the Trustee Lease
requires the preparation of a Trust Land Management Plan for the Park. Subsequently a Land
Management Plan was prepared by Sunshine Coast Council in 2012 and approved by the
Minister. Upon this development application being approved, the lot owners must enter into a
sub-lease Trustee Lease Agreement with the Noosa Council as Lessors.
The Land Management Plan involved community engagement including a “meet in the park”
event, stakeholder interviews, questionnaires online, and in the library and at the adjacent
convenience store. Questionaries were also sent to local residents and business owners. The
Land Management Plan sets a clear vision to ensure the use of the Park is regulated lawfully
under the Land Titles Act 1994, the Trustee Lease, Council policies and the local planning
instrument. The Land Management Plan includes a Landscape Site Analysis – Functionality
Plan, Connectivity Plan, Concept Plan, intended upgrade and maintenance to the park facilities
and the requirement for a development application for the existing outdoor dining areas to be
lodged.




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