2018-05-08 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                    8 MAY 2018


Condition 8
Nature & Extent of Approved Use
8.   The approved use must not operate outside the hours of:
     a.       7am to 6pm Monday to Friday
     b.       9am to 5pm Sunday or any public holiday
Issue:
Request to amend condition 8 to permit alternative hours of operation.
Applicant’s Representation:
The applicant submits that “…it has always been intended that the use of the premises would
continue to operate during daylight hours. This is reasonable for the proposed development given
the site has operated with similar commercial uses for many years. The existing operation of the
site by Noosa Pool Care and formerly by Gumnut Pools, occurred Monday to Friday from 7am to
6pm and Saturday and Sunday from 8am to 5pm.”
The applicant suggests that the proposed uses will not have any adverse impact on the amenity
of neighbouring residential properties given the nature of the uses being proposed with the
operation to occur during normal business hours as is currently the case for other hardware
stores and lifestyle and garden centres in the Noosa area.
Consequently, it is requested that the condition be amended to permit the approved use to
operate 7am to 6pm Monday to Friday and 8am to 5pm Saturday and Sunday, excluding public
holidays.
Assessment:
The approved condition excludes Saturdays from the approved hours of operation. This is an
error in the condition being contrary to Council’s standard hours of operation conditions. The
condition should read as follows:
Nature & Extent of Approved Use
8.   The approved use must not operate outside the hours of:
     a.       7am to 6pm Monday to Friday
     b.       9am to 5pm Saturday to Sunday or any public holiday
The applicant requests the hours of operation on Saturdays and Sundays be extended from 9am
- 5pm to 8am - 5pm.
The proposed hours of operation are not considered likely to adversely impact on the amenity of
nearby residential uses. Council have no records of any complaints from nearby or adjoining
residents from the previous uses which have operated on the site for some time.
Other conditions have also been included in the approval to manage and mitigate any noise
impact the use may cause such as a requirement to undertake a noise impact assessment at
Council’s request to investigate any complaint (other than frivolous or vexatious compliant).




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