2016-05-10 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                      10 MAY 2016


RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 May 2016 regarding Application No. MCU16/0011 for a
Development Permit for Entertainment and Dining Business Type 1 - Food & Beverages
(Restaurant) and Entertainment and Dining Business - Type 2 Recreation, amusement & fitness
(Yoga Studio) situated at Lots 208 and 302 Noosa Blue Resort 16 Noosa Drive, Noosa Heads
and:
A.   Approve the application in accordance with the following conditions:
     PLANNING
     When Conditions must be Complied With
     1.    Unless otherwise stated, all conditions of this Decision Notice must be complied with
           prior to the use commencing, and then compliance maintained at all times while the
           use continues.
     Approved Plans
     2.    Development undertaken in accordance with this approval must generally comply
           with the approved plans of development. The approved plans are listed in the
           following table unless otherwise amended by these conditions.
            Plan No.       Rev.   Plan/Document Name                               Date
                                  Proposal Plan, prepared by RG Strategic          26/11/2015

                                  Proposal Plan – Proposed Layout, prepared        20/04/16
                                  by RG Strategic

     Nature and Extent of Approved Use
     3.    Entertainment and Dining Business Type 2 - Recreation, amusement & fitness (Yoga
           Studio) must not exceed a total use area of 220m².
     4.    The Entertainment and Dining Business Type 1 – Food & Beverages (Restaurant)
           must not
           a.    operate outside the hours of:
                 i.    7am to 10pm Sunday to Thursday
                 ii.   7am to Midnight Friday and Saturday
           b.    exceed a Use area of 100m2 inclusive of 30m² of outdoor dining.
     5.    The Entertainment and Dining Business Type 1 – Food & Beverages (Restaurant)
           must be undertaken and operated in a manner that causes no detrimental effect upon
           the amenity of the surrounding properties. In this regard, where a complaint (other
           than a frivolous or vexatious complaint) is made to Council about noise from the
           approved use areas, Council may require the operator or site management entity to
           have a suitably qualified acoustic consultant undertake a Noise Impact Assessment
           (NIA) in accordance with the Environmental Protection (Noise) Policy 2008. The NIA
           report must be submitted to Council for endorsement which outlines the findings and
           recommendations of the NIA. The recommendations must be implemented.
     6.    Two signs directing vehicles to the relevant car parking area must be provided. One
           sign must be located at the top of the basement ramp and the second sign at the
           entry to the car parking area on Level B (approximately half way down the ramp).
B.   Find the following are sufficient grounds to justify the decision despite the conflict with the
     Planning Scheme:


                                                                                     Page 58 of 96