L21 Add reps to conditions V2

Council’s Reference:    MCU13/0069
Our Reference:          01290 L21 NG
Our Contact:            Nadine Gorton


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16 April 2014



Chief Executive Officer
Noosa Council
PO BOX 141
TEWANTIN QLD 4565

ATTENTION: GLEN CONFORTI

Confidential Email Transmission: [email protected]; [email protected] and
                                 [email protected]
Original in Post: No


Dear Sir/Madam,

RE:     REPRESENTATIONS TO CONDITIONS OF APPROVAL
Development Permit for Material Change of Use of Premises for Entertainment and Dining Type
1 Food & Beverages (Outdoor Dining) over Land situated at Sound Park, 90 Noosa Parade,
Noosa Heads described as Lot 32 on N21854.

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I refer to our correspondence of 7 January 2014 requesting suspension of the applicant appeal and our
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subsequent representations lodged 3 February 2014.

Please find below further representations to 9 and 10 of those conditions imposed by Council in the above
Decision Notice:


Condition 9 – The approved use must not operate outside the hours of:

          a) 7am to 10 pm 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.

Representation to condition 9 – The applicant has advised that the condition severely impacts on the
operation of the businesses on site and as a result jeopardizes the economic viability of the restaurant uses.
The applicant requests that the condition be amended to permit trading from 7am to 12 midnight on any
given day as currently permitted by the existing liquor license for the site and consistent with the times the
sites have been operating for over 10 years.

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.