Negotiated Report (Representations made) MCU18 0144 · MCU18/0144

REQUEST FOR NEGOTIATED DECISION REPORT
Author	Development Planner, Glen Conforti
Development Assessment

APPLICATION DETAILS
Application No.	MCU18/0144
Development Approval	Development Permit for Material Change of Use of Premises (Entertainment & Dining Business Type 1 Food & Beverage)
Applicant	Noosa Junction Properties P/L
Representations Received On	7 November 2018

PROPERTY DETAILS
Property Address	1 Arcadia St Noosa Heads Qld 4567
RP Description	Lot 232 RP 95668 No related Land
Land Area	496m²
Existing Use of Land	Vacant tenancy

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	<
Zone	<
Overlays	<
Assessment Type	Representations made to original approval

background
A development approval for a Development Permit for Material Change of Use of Premises (Entertainment & Dining Business Type 1 Food & Beverage) was issued on 30 October 2018.
The applicant suspended the appeal period and made representations on 7 November 2018 to the development approval conditions. The representations are detailed below but primarily relate to hours of operation.
assessment
An assessment in relation to each of the submitted representations is provided below:
Condition 3- Hours of operation
The approved use must not operate outside the hours of:
7am to 10pm  Sunday to Thursday
7am to 12am Friday and Saturday
Applicant’s Representation
The applicant requests that Council reconsider the above condition and change it to reflect the hours of operation that have been approved in the immediate area. The applicant notes that Council recently approved MCU16/0151: Paradise arcade (opposite the site) with the following condition relating to hours of operation:
4. The approved use must not operate outside the hours of 6am to 12am Monday to Sunday.
The applicant requests that the same hours of operation be applied noting:
The applicant requires earlier operating hours to have the option to serve coffee and breakfasts;
The later hours of operation are consistent with surrounding businesses;
The nearest residential premise is located approximately 140 metres from the site; and
The site is surrounded by commercial uses and restaurants.

Proposed amended condition:
The approved use must not operate outside the hours of 6am to 12am Monday to Sunday.
Assessment of Representation
Agree. The site is centrally located within the Business Centre zone and it is unlikely any potential noise emanating from the site would cause adverse effects on residential premises.

conclusion & reasons for decision
The site is centrally located within the Business Centre zone where Entertainment and dining business are consistent uses. The proposed operating times raise no concern and are recommended to be supported.
RECOMMENDATION
With regard to Application No. MCU18/0144, and the representations made, Council on 30 October 2018 decided to:
A.	Agree to amend condition 3 to read as follows:
3. The approved use must not operate outside the hours of 6am to 12am Monday to Sunday.

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