2018-10-18 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                       18 OCTOBER 2018


6    CONSIDERATION OF COMMITTEE RECOMMENDATIONS
PLANNING & ENVIRONMENT COMMITTEE RECOMMENDATIONS
9 OCTOBER 2018 - Crs Brian Stockwell (Chair), Ingrid Jackson and Frank Wilkie
(Acting Mayor)
Apologies: Crs. Tony Wellington and Jess Glasgow
Other Councillors in attendance: Cr Joe Jurisevic

1    MCU16/0079.02 FURTHER REPORT - REQUEST TO CHANGE A DEVELOPMENT
     APPROVAL FOR 5 MEMORIAL DRIVE, TEWANTIN
     Committee Recommendation
     Moved:            Cr Wilkie
     Seconded:         Cr Jackson
     That Planning & Environment Committee Agenda Item 1 be referred to the General
     Committee for further consideration.
                                                                            Carried.

2    MCU15/0086.02 REQUEST TO CHANGE AN EXISTING APPROVAL FOR MATERIAL
     CHANGE OF USE FOR ENTERTAINMENT AND DINING BUSINESS TYPE 1, FOOD AND
     BEVERAGES AT 2 BOTTLEBRUSH AVE, NOOSA HEADS
     Committee Recommendation
     Moved:        Cr Wilkie
     Seconded:     Cr Jackson
     That Council note the report by the Coordinator Planning to the Planning & Environment
     Committee Meeting dated 9 October 2018 regarding Application No. MCU15/0086.02 to
     make a minor change to an existing approval for Material Change of Use of Premises -
     Entertainment & Dining Business Type 1 - Food & Beverages situated at 2 Bottlebrush Ave,
     Noosa Heads and:
     A.    Refuse to delete Conditions 3 and 7 for the following reasons:
           1.    The proposed change to the condition 3 is likely to have a detrimental effect on
                 the amenity of local residents contrary to the Noosa Heads Locality Code and
                 the Business Uses Code.
           2.    Condition 7 is necessary to allow for ongoing review of the outdoor dining area
                 operations to ensure the area continues to be appropriately managed and noise
                 impacts are not exacerbated over time, given the proximity of the site to
                 residential properties, the open aired nature of the dining area, permitted patron
                 numbers and the complaints received by Office of Liquor and Gaming
                 Regulation.
     B.    Amend conditions 3 and 7 to read as follows:
           3.    The approved use must not operate outside the hours of 5am to 12am, with use
                 of outdoor dining area permitted after 10pm only on Friday to Monday nights
                 inclusive.
           7.    This development permit lapses on 18 October 2020, unless written consent is
                 provided by Council’s delegate to extend the approval. In assessing an extension
                 to the approval, Council will have regard to any breach details available from the
                 Office of Liquor & Gaming Regulation and any other relevant matters.
     C.    Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
                                                                                         Carried.

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