Development Application part 2 of 2 Covering Letters & Plans - MCU13/0069

Proposal Repon   Proposed Material Change of Use of Premises for Entertainment & Dining Business   -
                                                                                                       T’f I Food & Beverages over Land situated at 90
                 Noosa Parade, Noosa Heads and described as Lot 32 on N21854
Applicant:       Ogilvie Bacon Partnership



5.0          Background

Outdoor Dining Permits in Sound Park were issued by Noosa Council pursuant to the applicable local laws
relevant at the time of the approval in relation to several tenancies located on the adjoining commercial
tenancies. These Outdoor Dining Permits were issued annually by Council and no planning approvals or
approval from the State were obtained for use of the public parkland. These permits have been in place for
over 10 years as demonstrated by the Ricky Ricardo’s restaurant (Lot 10 Q Place) which was purchased in

2003 with a long term tenant that had operated its business prior to 2003 and at that time had the benefit of
Outdoor Dining Permits over the parkland.


Outdoor Dining Permits approved in association with the adjoining commercial premises located on Q Place
include:


        Lots 8, 9 and 10- Outdoor Dining Permits current to 30 June 2010. From 1 July 2010, an informal
                                 arrangement has existed pursuant to which the use for outdoor dining has continued
                                 with the agreement of Sunshine Coast Regional Council.   Improvements constructed
                                 within the park include paved areas and shade structures over the outdoor dining
                                 area. These improvements have been approved by Sunshine Coast Regional

                                 Council.


        Lots 3 and 4   -
                                 Sunshine Coast Regional Council approved construction of outdoor dining areas in
                                 2010 however construction was subsequently stopped by Council.


The outdoor dining areas associated with Lots 3 and 4 include approved paved areas (constructed)located
within the park and approval to construct shade structures in accordance with plans approved by Sunshine
Coast Regional Council. There are no current Outdoor Dining Permits for Lots 3 and 4.


In late 2009, Council received a complaint from a nearby premise in relation to loss of amenity in terms of
noise from premises not operated by the applicants. A complaint was also received in relation to the use of
public land for private use. Council investigated the complaints and determined to put in place the above
informal licensing arrangements pending a permanent resolution.


Council resolved in August 2010 to prepare a Land Management Plan for the parkland in an effort to resolve
the issues between affected parties and to address the commercial use of part of the parkland.




#I-
= martoo consulting    -
                           Town Planning + Urban Designers + Surveyors + Development Managers                                                7