Minor Change Council Report MCU16 0079.04

MCU16/0079.04 – REQUEST TO CHANGE A DEVELOPMENT APPROVAL FOR EXTENSIONS TO RSL CLUB AT 5 MEMORIAL DRIVE, TEWANTIN

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM Reference/ Application/ MCU16/0079.04

Attachments	1. 	Applicant’s letter in support of application

APPLICATION DETAILS
Application No.	MCU16/0079.04
Development Approval	Development Permit for Material Change of Use of Premises - Extension to existing RSL Club
Applicant	Tewantin Noosa Rsl & Citizens Memorial Club Inc
Request Received On	11 July 2019

PROPERTY DETAILS
Property Address	5 Memorial Ave Tewantin
RP Description	Lot 10 on SP 273411
Land Area	6,116m2
Existing Use of Land	Tewantin Noosa RSL Club

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Tewantin and Doonan
Zone	Community Services
Overlays	Natural Hazard Overlay (Bushfire & Acid Sulphate Soils)
Assessment Type	Minor Change to Development Approval

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 8 October 2019 regarding Application No. MCU16/0079.04 for a minor change to Development Permit for Material Change of Use for extensions to RSL Club situated at 5 Memorial Avenue, Tewantin, described as Lot 10 on SP 273411 and:
A. 	Agree to amend condition 3 to read as follows:
3. 	The proposed development provides for an extension to the Gaming Area (providing for a maximum of 210 gaming machines and limited to a maximum floor area of 565m2), Smokers Terrace, Store, Children’s Lounge, basement carpark area and other internal modifications as shown on the approved plans.
B. 	Refuse to delete condition 3 for the following reason:
1.	Maintaining the condition allows Council to regulate the area in which gaming can occur and ensure that the gaming area remains ancillary and subordinate to the primary use.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The applicant seeks approval to change to an existing development approval. A letter accompanying the application details the proposal as follows:
…… In the first instance (the short term) we are seeking a Variation to the existing Condition in the DA, changing the maximum permitted number of EGMs from 195 to 210.
…. Secondly, we are also requesting that Council re-consider removing the relevant Condition from the DA. This will allow the Club to manage this area of its business and affairs under the scrutiny and guidance of the Commissioner of Liquor and Gaming, without the need to reapply to Council for further variations to the DA Condition (should a similar business decision be made in the future)
The proposed additional 15 gaming machines have been installed and are operational.
background
The Tewantin Noosa RSL has been located on the site for a number of years, with the original building occupying the land fronting Poinciana Avenue, being Lot 3. Since that time, the RSL has continued to grow in response to community need. The current development approvals for the existing RSL are briefly described below:
TPC 1894 – Dining Room (Caterer’s Room) an Extension to Existing RSL;
TPC 2782 – Extensions to Existing RSL Club;
R 473 – Rezoning from Special Use – Church to Special Facilities RSL Club in accordance with a Plan of Development;
3B-388 Special Facilities (RSL Club in accordance with the Plan of Development);
1043 TC – Tewantin Noosa RSL and Citizens Memorial Club – Liquor Sales Area & Ancillary Changes;
MCU16/0079 - Development Permit for Material Change of Use of Premises - Extension to existing RSL Club.
MCU16/0079.01 – An amendment to the existing approval was approved by Council on 29 August 2017 primarily relating to changes to the internal floor layouts and the roof form.
MCU16/0079.02 – An amendment to the existing approval was approved by Council on 22 May 2018 which increased the number of gaming machines from 180 to 195 machines.
MCU16/0079.03 – An amendment to the existing approval was refused by Council on 18 April 2019.The amendment sought the removal of louvre screening to the eastern elevation of the building. At the same time amendment to the colour of the louvres was considered to be Generally in Accordance with the approved plans.
Council also resolved at its September 2018 Ordinary Meeting to endorse submission of a motion to the Local Government Association of Queensland (LGAQ) annual conference for consideration and debate to advocate for changes in planning legislation around electronic gaming machines.
Subsequently, a motion was passed at the 2018 LGAQ annual conference for changes in legislation to allow planning schemes to regulate facilities with gaming machines.  The resolution reads as follows:
Resolution 87 - Planning Powers – Electronic Gaming Machines (Noosa Shire Council)
That the Local Government Association of Queensland advocates to the Department of State Development, Manufacturing, Infrastructure and Planning to amend planning legislation to define electronic gaming machines as a land use and permit planning schemes to address both the land use as well as the social impacts of electronic gaming machines on communities.”
The resolution was put to the Hon. Cameron Dick, Minister for State Development, Manufacturing, Infrastructure and Planning by LGAQ. The Ministers response didn’t reply directly to the resolution to amend planning legislation to define electronic gaming machines but confirmed the Office of Liquor and Gaming as the responsible entity for electronic gaming machine licencing.
LGAQ provided Council with Minister Cameron Dick’s response and requested whether Council wished LQAQ to take further action. A letter from Council to LGAQ on 8 July 2019 confirmed that Council wished LGAQ to take further action.
Consequently, LGAQ sent further correspondence to the Hon. Yvette D’Ath MP on 19 July 2019, as the Minister overseeing the Office of Liquor and Gaming requesting a follow up discussion with the State Government on this matter. A copy of the correspondence to Minister D’Ath was also forwarded to Noosa Shire Council. A response from Minister D’Ath is pending.
Applications to the Office of Liquor and Gaming
Under section 55C of the Gaming Machine Act 1991 all gaming machine applications to the Office of Liquor and Gaming considered to be of 'significant community impact' must be advertised for public comment. These include:
an application for a gaming machine licence, including an application to grant a gaming machine licence in place of a licence to be surrendered under section 95 of the Act
an application for additional licensed premises
an application to have the approved number of gaming machines for licensed premises increased by a significant number (to be fixed under a Regulation)
another application that the Commissioner designates, by written notice to the applicant, as an application of significant community impact.
Under Section 8 of the Gaming Machine Regulation 2002 a ‘significant number’ for an increase in gaming machines is determined to be 20 or more.
As this application is for an increase of 15 gaming machines there is no requirement for advertising for public comment.
assessment
Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
The Noosa Plan.
The applicant has requested to make a minor change to a development approval under s78 of the Planning Act 2016. An application for a minor change to a development approval can only be made in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to constitute a minor change on the grounds that:
the development would not result in substantially different development as the use of the site remains as approved;
the change does not include prohibited development;
the change would not require the application to be referred to an additional referral agency or cause a referral agency to have regard to new matters prescribed by regulation;
The change would not cause the application to become impact assessable as the application has previously followed an impact assessable process.
Statutory Instruments – Planning Scheme
Condition 3
The proposed development provides for an extension to the Gaming Area (providing for a maximum of 195 gaming machines and limited to a maximum floor area of 565m2), Smokers Terrace, Store, Children’s Lounge, basement carpark area and other internal modifications as shown on the approved plans.
Applicant’s Request
The applicant has submitted a letter detailing the nature of the application with supporting grounds.
The letter, included as Attachment 1, provides reasons why the application should be supported. (The letter has been redacted to remove a paragraph containing financial information that was provided in confidence). In summary these include:
The Office of Liquor and Gaming regulates the maximum number of machines permitted in Licensed Community Clubs with the maximum number being 300;
An intensive application process is required to obtain machines including demand, community benefit, impact on amenity, demographics of catchment area, traffic, crime, etc
Council has overridden the control measures of OLGR and embedded a condition in the DA approval limiting the maximum number of permitted EGM’s at a number significantly lower than that which can be approved, by the Commissioner
The TNRSL is a progressive Club and has an excellent reputation within the industry and the community and the Club considers itself to be an integral part of the greater Tewantin and Noosa communities, both as a 'business' and a provider of community services and facilities The Club also has an excellent record with the Regulatory Agencies and does not have any relevant negative Compliance history.
The Club currently employs 97 staff plus three "Epic" employees. It sources significant services and products from within the local Tewantin Noosa catchment area and these commitments to supporting the local community are in-line with the Clubs Objects and Constitution.
…….Being able to maintain strong growth and continue to develop is linked to all of the services the Club provides, which includes the gaming facilities.
The Club has a robust Responsible Service of Gaming (RSG) policy in place and this assists to mitigate any potential harm from gaming. All staff are RSG and RSA trained and there are specific Community Liaison Officers (CLOs) trained to manage gaming matters.
As part of the RSG policy, the Club has a strong focus on managing Self Exclusion and is proactive in this regard. Currently the Club has 29 Self Excluded patrons, and this is reflective of the management of this policy.
The Club engages outside training organisations and consultancies to assist in ensuring that it is up to date with legislative requirements and maintaining compliance at the venue both in regard to gaming and liquor service.
The gaming (and liquor) services provided are the subject of regular compliance and audit processes undertaken by the OLGR. These audits are extremely thorough and the licensee (the Committee) must meet the required standards.
The Club makes significant contributions in cash and in-kind to the community and a large portion of this funding is sourced from Gaming Revenue. As the community grows so too must the Club, and this allows for it to meet the expectations of its own Board, its Constitution, the members and the local community.
Assessment of Request
The condition restricting the number of gaming machines was included in the original approval reflective of the material provided at the time of lodgement of the application. The applicant has submitted an application to the Office of Liquor & Gaming Regulation and has since obtained approval to increase the number of gaming machines from 195 to 210 and the additional machines have been installed. Notably, the RSL’s CEO has confirmed that there is no room for additional machines beyond the current 210 as the gaming area has been maximised. Therefore, it is not envisaged that additional gaming machines will be installed in the near future.
The Office of Gaming Regulation currently regulates and controls gaming machines in clubs and hotels in Queensland under the Gaming Machine Act 1991. The applicant advises that Community Club licence holders are limited to a maximum of 300 gaming machines and Commercial Hotel and Commercial Special Facility Licences are limited to a maximum of 45 gaming machines. The objective of the Act is to ensure that the community as a whole benefits from gaming by ensuring the integrity and fairness of games, ensuring the probity of operators and minimising the potential harm. There is also a Responsible Gambling Code of Practice developed by the state in May 2002 and is a voluntary code designed to promote harm minimisation through the use of responsible gambling practices. Notwithstanding this, the continued increase in the number of gaming machines raises some concerns at a local level as while it may provide entertainment that may be harmless to some people it can also be a source of great distress for a significant minority.
The current planning scheme does not regulate gaming machines. The proposed use being an RSL club is also specifically contemplated for the site by the Noosa Plan and the existing approval includes entertainment and dining uses. 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.
Consistent with the previous application to extend the number of gaming machines it is therefore recommended that the condition be amended to reflect the currently approved number of gaming machines to 210 and that the existing restriction relating to the area currently used for gaming machines be maintained. The proposed increase in gaming machine numbers does not trigger additional car parking as there is no increase to the gaming floor area.
The applicant’s request to remove the condition is not supported. Maintaining the condition allows Council to regulate the area in which gaming can occur and ensure that the gaming area remains ancillary and subordinate to the primary use being the operation of an RSL club. Furthermore, maintaining the condition will allow for future regulation of gaming machine numbers in the event that the changes sought under LGAQ Resolution 87 are legislated for.
draft planning scheme
The draft planning scheme does not include any provisions with regards to the regulation of gaming machines.
cONSULTATION
Referral Agencies
The application was not required to be forwarded to any Referral Agency.
Contact was made with LGAQ to determine the status of Resolution 87.
conclusion & reasons for decision
It is concluded that while it is concerning that the RSL is continuing to increase the number of gaming machines within the club, the proposed increase is consistent with their current state licence. Given The Noosa Plan does not currently regulate gaming machines, it is recommended that the condition be amended to reflect the currently approved number of gaming machines of 210 and the area currently used for gaming machines be limited to the approved area.
The applicant’s request to delete condition 3 is not supported. The current approved gaming area is maximised, therefore maintaining the condition requires Council approval for increased gaming machne floor area to accommodate additional machines. Furthermore, maintaining the condition will allow for future regulation of gaming machine numbers in the event that the changes sought under Resolution 87 are legislated for.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 OCTOBER 2019