2016-10-20 Ordinary Meeting Minutes

ORDINARY MEETING AGENDA                                                        20 OCTOBER 2016


    B.   Find the following are sufficient grounds to justify the decision despite the conflict with
         the Planning Scheme:
         1.     The site has an existing development permit for a retail garden centre and café.
         2.     The development’s mix of uses is consistent with contemporary garden and
                lifestyle centres and is appropriate for the site’s location, being on a collector
                road and adjacent Noosaville’s Business Centre zone.
         3.     The development will not introduce significant negative impacts on adjoining
                residents, or the visual and residential amenity of the surrounding area.


4   FURTHER REPORT - MCU16/0088 DEVELOPMENT APPLICATION FOR MATERIAL
    CHANGE OF USE FOR AN ENTERTAINMENT AND DINING BUSINESS TYPE 1 FOOD
    AND BEVERAGES (RESTAURANT) AT 3/287 GYMPIE TERRACE, NOOSAVILLE
    That Council notes the reports by the Development Planner to the Planning and
    Environment Committee Meeting dated 11 October 2016 and the General Committee
    Meeting dated 17 October 2016 regarding Application No. MCU16/0088 for a Development
    Permit for Material Change of Use for Entertainment & Dining Business Type 1 – Food &
    Beverages (restaurant) situated at 3/287 Gympie Terrace, Noosaville, and approve the
    application in accordance with the following conditions:
    When Conditions must be Complied With
    1.   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 Plans
    2.   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
     WD.20                E      Proposed Floor plan, prepared by Cab Roto        04/07/16
     WD.03                       Area Plan, prepared by Cab Roto                  11/07/16
    Noise
    3.   The development must be undertaken in accordance with the recommendations of
         the Acoustic Assessment dated 3 August 2016 and Additional Information for the
         Acoustic Assessment dated 10 October 2016 prepared by RoadPro Acoustic. In this
         regard, the acoustic wing walls and acoustic roof panel (if required) must be designed
         to complement the existing building and streetscape to the reasonable satisfaction of
         the chief executive officer. Prior to the installation of these works the plans must be
         submitted to Council demonstrating compliance with this condition. Certification must
         be provided by a suitably qualified person on completion of the works, certifying the
         works meet the relevant noise criteria.
    4.   External speakers or amplified music are not permitted.
    5.   Internal amplified music must be directed internally to the tenancy.
    6.   Refuse disposal, particularly glass bottles and the like, must be considerate of noise
         at all times.
    7.   The Noise Management Plan submitted with the application must be amended to
         include site specific operational measures to minimise potential noise nuisance for
         surrounding residents and a complaints management process. The Noise
         Management Plan must incorporate the recommendations of the Acoustic
         Assessment dated 3 August 2016 and Additional Information for the Acoustic

                                                                                    Page 14 of 18