2018-10-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                               9 OCTOBER 2018


While the operation of gaming machines may not neatly fit into one of the current definitions
contained in the Planning Regulation 2009, it is clearly a land use and has the potential to have
significant social impacts on local communities. The department have advised that they have not
received legal advice on the matter but have confirmed their previous advice is a departmental
office position.
It is therefore appropriate now for Council to decide the development application lodged by the
Tewantin Noosa RSL & Citizens Club Inc. in May 2018.
In this regard, the current application seeks condition 3 to be amended to remove the restriction
on the number of gaming machines permitted on site. Condition 3 currently requires:
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.
The applicant requests that the condition be amended to remove reference to the number of
gaming machines to read as follows:
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.
The previous officer’s reports to Council concluded that given The Noosa Plan does not currently
regulate gaming machines, the condition should be amended to reflect the currently approved
number of gaming machines to 195 and the area currently used for gaming machines be limited
to the approved area. The reports to Council also noted that the proposed use being an RSL club
is specifically contemplated for the site by the Noosa Plan and the existing approval includes
entertainment and dining uses and on this basis it is considered the additional (15) gaming
machines already approved by the State are in keeping with the approved use for the site. For
these reasons the report concluded that it is therefore appropriate for Council to support a
change to the condition to reflect the number of gaming machines currently approved by the
state.
In regard to Council’s resolution from the July Ordinary meeting on this matter the following is
also noted:
   Council resolved at its September Ordinary Meeting to endorse submission of a motion to
     the Local Government Queensland annual conference for consideration and debate to
     advocate for changes in planning legislation around electronic gaming machines.
   Introducing additional or new fees in respect of electronic gaming machines is not
     considered appropriate currently given The Noosa Plan does not include any specific
     provisions in this regard for assessment and development application fees are based on a
     cost recovery approach.


Previous Council Consideration
Ordinary Meeting, 19 July, Item 5, Page 12
That Council note the report by the Development Planner to the Planning & Environment
Committee Meeting dated 10 July 2018 and the Further Report to the General Committee dated
16 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 defer consideration to a future Council
meeting in order that the Council can 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.




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