2018-10-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                                 9 OCTOBER 2018



REPORTS FOR CONSIDERATION OF THE COMMITTEE
1                        MCU16/0079.02 FURTHER REPORT - REQUEST TO CHANGE A DEVELOPMENT
                         APPROVAL FOR 5 MEMORIAL DRIVE, TEWANTIN
DOCUMENT INFORM AT ION




Author                              Manager Development Assessment, Kerri Coyle
                                    Environment & Sustainable Development Department

Index                               ECM/ Applications/ MCU16/0079.02

Attachments                         Nil



EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Manager Development Assessment to the Planning &
Environment Committee Meeting dated 9 October 2018 regarding Application No.
MCU16/0079.02 for a minor change to Development Permit for Material Change of Use 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 maximum floor area of
                              565m2), Smokers Terrace, Store, Children’s Lounge, basement carpark area and
                              other internal modifications as shown on the approved plans.
B.                        Note the report is provided in accordance3 with Section 63(5) of the Planning Act 2016.



REPORT
A report on this application was considered by the Planning & Environment Committee meeting
on 10 July 2018 with a further report submitted to the General Committee meeting on 16 July
2018.
Council at its Ordinary meeting on 19 July 2018 resolved to defer consideration to a future
Council meeting in order for the Council to obtain further advice in relation to its powers to
regulate poker machine numbers via its planning provisions and/or other regulatory instruments,
and/or variations in terms of fees and charges.
Council officers subsequently sought advice from the Department of State Development,
Manufacturing, Infrastructure and Planning and the Local Government Association of
Queensland. The department has responded advising the following:
“…the issue of gaming machines, given current definitions, is not seen to be a planning matter.
The regulation of these under the Gaming Regulation is the current mechanism for regulation.”
Given the brevity of the advice, further clarification was sought from the department including
whether legal advice was sought and also if the department could advise the relevant sections in
the legislation that led the department to this conclusion.



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