2018-10-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                   9 OCTOBER 2018


It is recommended that the condition be amended to allow for the continued use of the outdoor
dining area for a further two years and further written consent from Council to continue to use the
outdoor dining area after this time be requested. Consent via written consent will mean that there
is no financial impost by way of an application fee to change the development approval but
permits Council the ability to continue to review the matter.
Therefore, it is recommended that Condition 7 be changed to read:
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.
6.     CONSULTATION
6.1. Referral Agencies
The applicant was not required to be referred to any Referral Agencies.
Contact was made with the Office of Liquor & Gaming Regulation whose feedback forms part of
this report.
6.2. Other Referrals
The application was forwarded to the following internal Council specialists:
     Environmental Health
7.     CONCLUSION & REASONS FOR DECISION
The application seeks to change an existing approval for the use of an outside dining area
associated with the Little Sister bar by removing conditions which limit the hours when the
outside dining area can be used and place an expiry date for when the permit lapses. In light of
advice received from the Office of Liquor and Gaming Regulation, Council’s Environmental
Health officer and feedback from submitters to the original application the proposed changes are
likely to have a detrimental effect on amenity contrary to Specific Outcome 1 of the Noosa Heads
Locality Code and Specific Outcome 20 of the Business Uses Code. Accordingly, the proposed
changes are not supported. The expiry condition is recommended to be amended to require
further written consent from Council in 2 years.

Departments/Sections Consulted:
   Chief Executive Officer     x   Community Services                      Corporate Services
     Executive Officer             Community Development                   Financial Services
     Executive Support             Community Facilities                    ICT
                                   Libraries & Galleries                   Procurement & Fleet
                                   Local Laws                              Property
                               x   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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