2018-10-09 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                9 OCTOBER 2018


RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment
Committee Meeting dated 9 October 2018 regarding Application No. MCU15/0086.02 to make a
minor change to an existing approval for Material Change of Use of Premises - Entertainment &
Dining Business Type 1 - Food & Beverages situated at 2 Bottlebrush Ave, Noosa Heads and:
A.   Refuse to delete Conditions 3 and 7 for the following reasons:
     1.    The proposed change to the condition 3 is likely to have a detrimental effect on the
           amenity of local residents contrary to the Noosa Heads Locality Code and the
           Business Uses Code.
     2.    Condition 7 is necessary to allow for ongoing review of the outdoor dining area
           operations to ensure the area continues to be appropriately managed and noise
           impacts are not exacerbated over time, given the proximity of the site to residential
           properties, the open aired nature of the dining area, permitted patron numbers and
           the complaints received by Office of Liquor and Gaming Regulation.
B.   Amend conditions 3 and 7 to read as follows:
     3.    The approved use must not operate outside the hours of 5am to 12am, with use of
           outdoor dining area permitted after 10pm only on Friday to Monday nights inclusive.
     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.
C.   Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.


REPORT
1.   PROPOSAL
The applicant seeks approval to change an existing development approval for Material Change of
Use of Premises - Entertainment & Dining Business Type 1 - Food & Beverages in regards to the
operating hours and the life of the permit. The relevant conditions read as follows:
3.   The approved use must not operate outside the hours of 5am to 12pm, with use of outdoor
     dining area permitted after 10pm only on Friday to Monday nights inclusive.
7.   This development permit lapses on 18 August 2018, unless an application is received 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.
This application seeks to delete both of these conditions.
2.   BACKGROUND
A development approval for a Material Change of Use of Premises - Entertainment & Dining
Business Type 1 - Food & Beverages was issued on 18 August 2016. The application was for the
use of outdoor dining areas related to the Village Bicycle (now known as Little Sister) and Bean
Drop Café tenancies. The application sought to ratify the existing, at the time, unapproved use of
these areas.
Assessment of noise was critical and included review of an acoustic report which had been
submitted by the applicant. The application was initially considered by Council at the 2 February
2016 Planning and Environment Committee Meeting. The officer’s recommendation to the
Committee was that trading hours be limited to midnight and that use of the outdoor dining area
be permitted after 10pm only on Friday and Saturday nights.


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