2018-12-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         11 DECEMBER 2018


      (e)    Removes a component that is integral to the operation of the development; or
      (f)    Significantly impacts on traffic flow and the transport network, such as increasing traffic
             to the site; or
      (g)    Introduces new impacts or increase the severity of known impacts; or
      (h)    Removes an incentive or offset component that would have balanced a negative impact
             of the development; or
      (I)    Impacts on infrastructure provisions.
Each provision is assessed below.
Table 1 – Substantially different development:

 (a) involves a new use;

 Applicant’s initial response:
 The proposed changes relate only to enabling an approved land use to operate within the curtilage of an
 existing approved and constructed building, as well as an inclusion for additional floor area to enable an
 ancillary children’s play and supervision area. The existing development permit is for Industrial Business
 Type 2 and Entertainment and Dining Business Type 1. The proposed changes utilise the existing
 approved land uses and do not introduce a new land use to the site.
 The applicant, in response to Council’s concerns that current operations constitute an Entertainment and
 Dining Business Type 3 – Bar and a new use on site, has provided documentation suggesting the
 proposed changes are in accordance with the definition of Entertainment and Dining Businesses Type 1
 - Food and Beverages. An extract of the applicants response is provided below:
 This use was originally applied for as a stand-alone use based on Council’s advice at the time of the
 originating application being lodged. It is our understanding that Council did not consider the proposed
 use of part of the site to conduct tasting, serving, and associated functions was able to be considered as
 an ‘ancillary’ use to the primary industrial land use for brewery purposes, and as such a separate use was
 applied for to regularise this aspect of the business. The application material clearly stated that the
 proposed use included functions for up to 180 persons to occur on the site outside of normal business
 hours. The application was subject to Impact Assessment, and was subsequently approved by Council.
 Council has now advised that they are of the opinion that the proposed minor change to this use is not
 consistent with the activities undertaken within a typical café or restaurant. This position is based on a
 review of the website and Facebook page of the development’s business, which identifies activities such
 as ‘bingo’, ‘live music’ and ‘happy hour’. Council has advised that these activities are more appropriately
 aligned to a Type 3 – Bar.

 Assessment:
 For reference, the Noosa Plan’s definition of Entertainment and Dining Business – Type 1 and Type 3 is
 provided below.




 A ‘stand-alone’ Entertainment and Dining Use – Food And Beverages Type 1 is approved on the basis
 that it is subordinate to and associated with the industrial use on site, which is regulated by the scale (floor
 area) and type of event activities approved. The originating application material does not state any general
 functions were proposed but beverage tasting, local hospitality promotional nights, craft beer industry
 nights and occasional product launches.


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