Further Report - MCU18/0004 Development Application For A Material Change Of Use For Entertainment & Dining Business – Type 1 (Food & Beverage) At 56 Main Street, Kin Kin

further report - MCU18/0004 development application for a material change of use for entertainment and dining business – type 1 (food & beverage) at 56 main street, kin kin

Document information

Author	Coordinator Planning, Patrick Murphy
Environment and Sustainable Development Department

Index	ECM/ Application/ MCU18/0004

Attachments	Nil

EXECUTIVE SUMMARY
Not applicable.

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 12 June 2018 and the further report to the General Committee Meeting dated 18 June 2018 regarding Application No. MCU18/0004 for a Development Permit for Material Change of Use for an Entertainment & Dining Business - Type 1 (Food & Beverage) situated at 56 Main St, Kin Kin and:
Approve the application and a mobile post office in accordance with the following conditions:
When Conditions must be complied with
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
Approved Plan
Development undertaken in accordance with this approval must generally comply with the approved plan of development. The approved plan is listed in the following table and may be further amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
Job number 15005 A1	C	SITE PLAN	30.07.2017
Job number 15005 A2	C	FLOOR PLAN	30.07.2017
Job number 15005 A3	C	ELEVATIONS AND SECTION PLAN	30.07.2017
Amended plans
Prior to the issue of a Development Permit for Building Works amended plans must be submitted to Council providing details of the finishes and materials of the shipping container, link-way and barn. The plans must demonstrate that buildings and other structures use materials and finishes that complement the village character of Kin Kin and integrate with the surrounding natural landscape and include the following as a minimum:
Link-way and barn uprights to be constructed of timber;
Link-way and barn roofs to be of a colour and material consistent with the rural character of the locality;
The exterior finish of the shipping container must be painted in muted tones or clad in a muted material.
The appearance of all structures, including the shipping container, must be maintained at all times.
Nature and Extent of Approved Use
The use of new undercover dining area must not operate outside of the hours 7am – 10pm and be used a maximum of three days per week.
Patrons in the new undercover dining area must not exceed 60 persons.
Patrons on the existing deck dining area must not exceed 40 persons.
The new undercover dining and link-way areas must be in accordance with the approved plan, with no more than 192m2 used for dining.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 6am to 6pm Monday to Saturday, and not at all on Sundays or public holidays.
Noise
External speakers or amplified music are not permitted.
Refuse disposal, particularly glass bottles and the like, must be considerate of noise at all times.
Management must ensure patrons leave the premises and street frontage promptly after nightly closing time and do not mingle or otherwise cause noise nuisance.
Noise emissions from any new air-conditioning and refrigeration equipment associated with the development shall comply with the following requirements:
7am to 10pm: Background + 5dB(A)
10pm to 7am: Background + 3dB(A)
WASTE
Waste Disposal
The developer must provide waste storage and disposal facilities in accordance with Planning Scheme Policy No. 9 “Waste Management Multi-Dwellings and Commercial and Industrial Premises”. The facilities must include an external impervious area correctly sized for all refuse and recycling containers and suitably screened from public places and neighbouring properties. A bin wash area is required with a cold-water tap, hose and drain outlet connected to sewer, via a bucket trap. The drain outlet must be designed to prevent storm water entry to the sewerage system. This can be achieved with a nib wall 50mm high and up to 700mm x 700mm wide (max 0.5m²), or alternatively the waste area can be roofed, or any other design approved by Council.
Refuse containers must be provided in accordance with the requirements of the Environmental Protection (Interim Waste) Regulation 1996 and (Waste Management) Regulation 2000, for the storage and collection of refuse.
Public bins must be provided to reduce littering. All bins provided must be for refuse and recycling and be decanted into the bulk bins by the site operators.
ENGINEERING
Site Access and Driveways
Sealed access driveways must be maintained from Main Street to all parking and manoeuvring areas of the development.
Car Parking
A minimum of 5 car parking spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The carparking must include in particular:
provision of vandal resistant public lighting with intensities to satisfy the requirements of Australian Standard AS1158: Public Lighting Code
1 disabled parking space/s within the total
dimensions, crossfalls and gradients in accordance with the relevant Australian Standard (AS/NZS2890.1:2004 for staff and customers, AS/NZS2890.6:2009 for people with disabilities).
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Stormwater Drainage
Stormwater runoff from the development must be disposed of on-site without causing scour or damage to the subject site or any adjoining property.
Earthworks and Retaining Walls
All earthworks and associated batters must be contained entirely within the subject site unless written permission from the respective landowner(s) is provided to Council. All earthworks must be undertaken in accordance with the provisions of Australian Standard AS3798: Guidelines on Earthworks for Commercial and Residential Developments.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
B.	Agree to reduce the Infrastructure Charge payable for the proposed development to $17,472 based on the approved operating days as conditioned.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
This report has been prepared in response to questions raised at the Planning and Environment Committee Meeting held on 12 June 2018 regarding the appearance of the proposed barn structure and shipping container.
Specifically Councillors requested additional details regarding the external appearance of the shipping container, colour of the barn roof and confirmation that the barn uprights will be timber.
Since the Committee meeting numerous attempts were made to contact the applicant by both phone and email to clarify the proposed finishes but officers have been unable to contact the applicant.
Accordingly, in order to preserve the rural character of the locality it is recommended that an additional condition be applied to ensure the proposed finishes of the barn and the shipping container are consistent with the village character of Kin Kin and The Noosa Plan provisions. The condition will require that amended plans are provided to Council prior to the issue of a building permit. It is recommended that the new condition be inserted as Condition 3 with subsequent renumbering of conditions.
During the preparation of this report it has also been identified that the recommendation does not make reference to the reduced infrastructure charges and it is appropriate that this be reflected in Council’s decision where agreed (refer to item B of the report recommendation).

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Director		Director
	Executive Support		Community Development		Financial Services
			Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Director	X	Director		Director
	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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GENERAL COMMITTEE MEETING REPORT	18 JUNE 2018