2021-03-18 Ordinary Meeting Agenda

ORDINARY MEETING AGENDA                                                           18 MARCH 2021


2   51987.44.02 – MINOR CHANGE TO A DEVELOPMENT APPROVAL FOR
    ENTERTAINMENT AND DINING BUSINESS - TYPE 1 FOOD & BEVERAGES AND A
    RETAIL BUSINESS - TYPE 2 SHOP & SALON – 6 THOMAS STREET, NOOSAVILLE
    That Council note the report by the Development Planner to the Planning & Environment
    Committee Meeting dated 9 March 2021 regarding Application No. 51987.44.02 to make a
    minor change to an existing approval for Entertainment and Dining Business - Type 1 Food &
    Beverages and Retail Business - Type 2 Shop & Salon situated at 6 Thomas Street, Noosaville
    and:
    A    Approve the change in part.
    B.A. Amend conditions 13, 16 and 24 to read as follows:
         13    Development undertaken in accordance with this approval must generally comply
               with the approved plans of development. The approved plans are listed in the
               following table unless otherwise amended by these conditions.
          Plan No.         Rev.   Plan/Document Name                               Date
          15.0319.1.3A     A      New Ground Floor Plan, prepared by and+design    June 2020
          15.0319.1.4A     A      New First Floor Plan, prepared by and+design     June 2020
          15.0319.3.1A     A      Sections, prepared by and+design                 June 2020
          15.0319.4.1A     A      Elevations, prepared by and+design               June 2020
         16    The approved uses must not operate outside the hours of 6:30am to 10pm, 7 days
               a week, except Friday and Saturday, where Entertainment and Dining Business
               Uses may operate until 12 midnight. The requirements of this condition must be
               included in the Community Management Statement for any Body Corporate for the
               subject site.
         24    The building must be well articulated, with strong vertical design feature elements.
               The awning located within the road reserve must include lightweight timber
               features. The building must include subtle changes in colours, textures and
               materials to break up the building facades, with the exception of the northern
               elevation which may include a mural design. Any changes to the existing mural
               design and/or colour palette will require written authorisation from Council.
    C. B Delete conditions 14 and 15.
    D.    Refuse to change condition 16 for the following reasons:
         1     The subject site is within the Tourist Accommodation zone, a residential zone, and
               adjoins the High Density Residential zone. Therefore, any development should be
               operating within what is considered ‘reasonable hours’ to ensure any amenity
               impacts of the development are appropriate and what would be expected within
               proximity to a residential zone. A 6:00am opening time is not considered
               appropriate or to be expected within a residential area;
         2     The existing condition is in accordance with the hours of operation provisions under
               Noosa Plan 2006, under which the previous application was approved;
         3     The existing condition provides longer hours of operation than provisions under
               Noosa Plan 2020; and
         4     It is considered the earlier operating hours would result in early morning noise
               nuisances to the adjoining multiple dwelling units to the east.
    E. C. Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.




                                                                                    Page 17 of 29