Change to Approval Report · 51987.44.02

50.   Condition 16 – Operating Hours

      Condition 16 currently read as follows:

      16.     The approved uses must not operate outside the hours of 7am
              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.

Applicant’s Request

51.   It is requested that condition 16 be changed as follows:


      16.     The approved uses must not operate outside the hours of 7
              5:30am 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.


52.   It is considered that the current hours, which limit businesses opening to
      after 7am, are overly restrictive and cut across the planning intent for
      the Thomas Street area which is intended to:
      a.     provide vibrant and active streets and public spaces;
      b.     create a vibrant atmosphere and complement and enhance the
             function and attractiveness of the area as a visitor destination; and
      c.     provide cafes, restaurants, entertainment, function facilities
             and complementary shopping and personal services cater to the
             needs of visitors as well as Noosa Shire residents enjoying these
             areas.

53.   Further to the above, Acceptable Outcome AO11.1 (Table 9.3.7.3) of
      the Business Activities Code contained within the Noosa Plan 2020
      permits uses to operate from 6:00am. It is considered opening 30 minutes
      earlier would not cause a nuisance to nearby sensitive land uses in
      accordance with the correlating Performance Outcome PO11 of the
      code.


54.   Condition 24 – Building Appearance

      Condition 24 currently read as follows