MUCU16/0079.02 Request To Change A Development Approval For 5 Memorial Drive, Tewantin

MCU16/0079.02 - REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR 5 MEMORIAL DRIVE, TEWANTIN

Document information

Author	Development Planner, Wilhelm Koschade
Environment and Sustainable Development Department

Index	ECM/ Applications/ MCU16/0079.02

Attachments	1.	Applicant’s Letter of Support

APPLICATION DETAILS
Application No.	MCU16/0079.02
Development Approval	Development Permit for Material Change of Use of Premises - Extension to existing RSL Club
Applicant	Tewantin Noosa RSL & Citizens Memorial Club Inc.
Request Received On	22 May 2018

PROPERTY DETAILS
Property Address	5 Memorial Ave TEWANTIN QLD 4565
RP Description	Lot 10 on SP 273411
Land Area	6,116m2
Existing Use of Land	Tewantin Noosa RSL Club

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin and Doonan
Zone	Community Services
Overlays	Natural Hazard Overlay (Bushfire & Acid Sulphate Soils)
Assessment Type	Minor Change to Development Approval

RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 10 July 2018 regarding Application No. MCU16/0079.02 for a minor change to Development Permit for Material Change of Use of Premises for extensions to RSL Club situated at 5 Memorial Avenue, Tewantin, described as Lot 10 on SP 273411 and:
A.	Agree to amend condition 3 to read as follows:
3.	The proposed development provides for an extension to the Gaming Area (providing for a maximum of 195 gaming machines and limited to a total floor area of 565m2), Smokers Terrace, Store, Children’s Lounge, basement carpark area and other internal modifications as shown on the approved plans.
B.	Investigate the development of a policy for gaming machines to minimise the potential harm associated with gambling.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant is finalising construction of the extensions to the RSL which were approved by Council in February 2017. The applicant now seeks to amend a condition of the approval to remove the restriction to the number of gaming machines permitted on site. Condition 3 of the planning approval restricts the number of gaming machines to 180 within the existing and newly approved gaming area. The premises is currently operating in breach of the planning approval with 195 gaming machines on site.
No further extension is proposed to the gaming floor area and the request only relates to the number of machines. The applicant provides grounds in support of the request which are further discussed in Section 3 of the report.
background
The Tewantin Noosa RSL has been established on the land for a number of years, with the original building occupying the land fronting Poinciana Avenue, being Lot 3. Since that time, the RSL has continued to grow in response to community need. The current development approvals for the existing RSL are briefly described below:
TPC 1894 – Dining Room (Caterer’s Room) an Extension to Existing RSL;
TPC 2782 – Extensions to Existing RSL Club;
R 473 – Rezoning from Special Use – Church to Special Facilities RSL Club in accordance with a Plan of Development;
3B-388 Special Facilities (RSL Club in accordance with the Plan of Development);
1043 TC – Tewantin Noosa RSL and Citizens Memorial Club – Liquor Sales Area & Ancillary Changes;
MCU16/0079 - Development Permit for Material Change of Use of Premises - Extension to existing RSL Club.
MCU16/0079.01 – An amendment to the existing approval was approved by Council on 29 August 2017 primarily relating to changes to the internal floor layouts and the roof form.
A locality plan of the site is provided below:

assessment
Statutory Process
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the built form and use of the site remain as approved;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new mattes prescribed by regulation;
The change would not cause the application to become impact assessable as the application has previously followed an impact assessable application process.
Statutory Instruments – Planning Scheme
Condition
3.	The proposed development provides for an extension to the Gaming Area (providing for a maximum of 180 gaming machines), Smokers Terrace, Store, Children’s Lounge, basement carpark area and other internal modifications as shown on the approved plans.
Applicant’s Request
The applicant requests that the condition be amended to remove the reference to the number of gaming machines to read as follows:
3.	The proposed development provides for an extension to the Gaming Area, Smokers Terrace, Store, Children’s Lounge, basement carpark area and other internal modifications as shown on the approved plans.
The applicant suggests that the RSL expect to increase the number of gaming machines into the future depending on demand. These machines will be contained within the approved floor areas.
A letter of support has been provided by the applicant which is included in Attachment 1.
Assessment of Request
The proposal to amend the condition to facilitate the increase in the number of gaming machines from 180 to 195 does not raise any conflict with the Planning Scheme as The Noosa Plan does not regulate the number of gaming machines any business or commercial use may have. The proposed increase in gaming machine numbers does not trigger additional carparking as there is no increase to the gaming floor area.
The condition restricting the number of gaming machines was included in the original approval reflective of the material provided at the time of lodgement of the application.
The applicant has submitted an application to the relevant authority, the Office of Liquor & Gaming Regulation and has since obtained approval to increase the number of gaming machines from 180 to 195. The request was approved by the Office of Liquor and Gaming in August 2017.
The Office of Gaming Regulation currently regulates and controls gaming machines in clubs and hotels in Queensland under the Gaming Machine Act 1991. In Queensland there is currently no cap on gaming machines in clubs.  The objective of the Act is to ensure that the community as a whole benefits from gaming by ensuring the integrity and fairness of games, ensuring the probity of operators and minimising the potential harm.
There is also a Responsible Gambling Code of Practice developed by the state in May 2002 and is a voluntary code designed to promote harm minimisation through the use of responsible gambling practices.
Notwithstanding this, the continued increase in the number of gaming machines raises some concerns at a local level as while it may provide entertainment that may be harmless to some people it can also be a source of great distress for a significant minority.
Research suggests problem users are significantly more likely to experience depression as a result of gambling; experience disruptions to family and social lives; have debts due to gambling; and experience disruptions to work and study. There is some evidence that gambling, especially on poker and gaming machines has led to social problems in society, such as personal financial pressures, emotional distress, domestic violence, employment difficulties, suicide and crime (Productivity Commission, 1999).
Council does not currently have a policy position with regard to limiting any increase in poker machines and gaming venues and the Noosa Plan does not regulate the number of gaming machines in any business. Council may wish to investigate establishing a policy position on this issue to guide future considerations and seek to minimise any potential harm associated with gambling to the extent it can.
conclusion & reasons for decision
It is concluded that given The Noosa Plan does not currently regulate gaming machines, the condition be amended to reflect the currently approved number of gaming machines of 195 and the area currently used for gaming machines be limited to the approved area.
However, it is recommended that Council also investigate the possibility of developing a policy or including provisions in the next planning scheme to minimise the extent of gaming machines in Noosa.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 JULY 2018