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

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Plans and drawings

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 Development of the proposed outdoor dining areas will be subject to:                           _




 1.    The Land Trustee signing the application for the type/extent of the structures
       permitted for the outdoor dining area,
                   whether/when building certification is required;
                     .



                   any additional
                     .                structures   must    complement the existing
                   buildings/structures and  be consistent  with the intended character
                   of the locality.
 2.    Council policies with regard to the use of public land,
 3.    Development proposals from adjacent businesses,(ie market conditions), and
 4.    Complies with the Planning Scheme and any development approval
       conditions including:
                   The lodgement of a development application for a Material
                     .


                   Change of Use;
                   The capacity of applicants to meet development conditions such
                     .


                   as provision of car parking and toilets/amenities;



 Exclusivity and Restrictions of Proposed Use and Associated Development

Exclusivity and restrictions to public use arise only in relation to the designated,
approved outdoor dining areas although members of the public are free to move
through the outdoor dining areas at all times.

 There are no fences or gates restricting public access to the outdoor dining areas.


The   seating and outdoor dining areas are restricted to paying customers during
 business hours, and are vacant while the businesses are not open. How~ver, the
current outdoor dining areas comprise only 3.3% of the Park area at present and a
 maximum of 9.65% if ever fully utilised for outdoor dining.


Commerciality

 It is proposed that, in accordance with Section 63((3) of the Land Act 1994, all of the
income     generated by          the commercial outdoor         expended on the
                                                                     dining     use    be
maintenance and enhancement of The Sound Park, and of the neighbouring parks
located on Noosa Sound, as shown in the map Attachment 6. These parks
represent a local park network that provides a range of passive, and some active,
recreation opportunities for local residents and tourists.


The income generated for 2010/2011 was $21,825 pa. The current rental levels have
been developed on the basis of consistency with the rentals charged for outdoor
dining on road reserves throughout the Sunshine Coast Region, but reflecting local
variations in commercial land values.


The outdoor dining        comprise only 3.3% of the Park area at present and a
                            areas

maximum 9.65% if ever fully utilised for outdoor dining.




I6       Community consultation

Please see attachment 11 which summarises the Community Consultation that
informed this plan. The attached document is NOT FOR PUBLIC viewing.




                                                        -
                                                            12-
 W:\SCC\FB\PBS\Business_ Tech\Projects 2011\Ouamby Place2011\Trust Land Mgmt Plan Folder for DERM\Draft Ouamby Place   -




                               Trust Land Management Plan 2 May 2012 APPROVED.doc
                                                                      -
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