2014-06-17 Planning & Organisation Committee Agenda

PLANNING & ORGANISATION COMMITTEE MEETING AGENDA                                  17 JUNE 2014


2.   ASSESSMENT
An assessment in relation to each of the submitted representations is provided below.

Condition 9 – Operating hours
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 the Community Management Statement
for any body corporate for the subject site and/or any lease agreement with site tenancies.
Applicant’s Representation
a)   The applicant advises these hours of operation severely impact on the operation of the
     businesses and jeopardise the economic viability of the restaurant uses. The applicant
     requests the hours of operation be changed to 7am to 12 midnight, 7 days per week and
     has provided lengthy reasons in support of these hours. In summary the applicant submits:
         Current liquor licence is to 12 midnight, 7 days
         Trading 10 years with only 1 noise complaint
         Noise report found that external dining in sound park complied with noise limits, with
           no noise control measures in place at the closest sensitive receptor
          An operator has established direct contact with the permanent resident        at the
           closest sensitive receptor
         Operates a double sitting or rolling bookings which would result in moving patrons
           inside the restaurant premises
b)   The applicant further seeks to remove reference to the condition to be included in the
     Community Management Statement for the site. The applicant’s representation is provided
     below.
“The condition is also to be amended to delete reference to the Body Corporate. The applicant
notes that they do not control the Body Corporate and cannot accept a condition which requires
the terms to be included in the Community Management Statement. The applicant’s solicitor
advises that at best they can seek to have the Body Corporate pass a resolution incorporating
the provisions of an agreed Condition 9 in to the lease and the condition is recommended to be
altered accordingly.”
The applicant requests the requirements of this condition be included in any lease agreement
with site tenancies.
Assessment of Representation
a)   Hours of Operation
The application is to intensify the outdoor dining use in the Sound Park and to formalise the
current arrangement. Historically, only 3 outdoor dining areas have operated within the parkland,
whereas 6 outdoor dining areas are approved which significantly increases the potential number
of users of these areas.




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