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800Th Council Meeting 23 March 2021 Planning and Environment

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800Th Council Meeting 23 March 2021 Planning and Environment 800th Council Meeting 23 March 2021 617 Planning and Environment Committee Meeting 18 March 2021 Adopted Minutes ITEM 6 CITY DEVELOPMENT REPORT ON CHANGE OTHER (IMPACT ASSESSMENT) TO A DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE TO ESTABLISH A TAVERN AT 47 THOMAS DRIVE, SURFERS PARADISE - DIVISION 10 OTH/2020/27 Refer 5 page attachment 1 APPLICATION SUMMARY Application information Address 47 Thomas Drive, Surfers Paradise Lot and plan Lot 431 on RP93882 Site area 420m2 Properly made date 1 September 2020 City Plan version Version 7 Zone / Precinct Neighbourhood Centre Zone • Acid sulfate soils; • Airport environs – Pan-ops contour; • Building height (HX); Overlays • Flood; • Light rail urban renewal area (Frame area); and • Residential density (RD5 – 1 bed/50m2). Amend existing conditions of approval to: Proposed Change • Remove gaming machine restrictions; and • Extend operating hours to 2am. Categories of development Impact assessment and assessment • ACM Corporation Pty Ltd – Applicant; • Place Design Group – Planning Consultant; • Peter Wyman – Building Designer; Applicant and Applicant’s • CRG Acoustic – Acoustic Consultant; consultancy team • Craven Town Planning – Social Planning; and • RSA Liquor Professionals – Community Impact Statement. ACM Corporation Pty Ltd Landowner Director: Adam Maley) 800th Council Meeting 23 March 2021 618 Planning and Environment Committee Meeting 18 March 2021 Adopted Minutes ITEM 6 (CONTINUED) REPORT ON CHANGE OTHER (IMPACT ASSESSMENT) TO A DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE TO ESTABLISH A TAVERN AT 47 THOMAS DRIVE, SURFERS PARADISE - DIVISION 10 OTH/2020/27 Objections Support • Four (4) properly made Two (2) properly submissions, including one made submissions. Submissions petition comprising 68 signatories; and • Two (2) not properly made submissions. Objections: • Lack of need given proximity to Surfers Paradise Key matters raised by Centre; and submitters • Community impacts. Support: • Need for additional facilities in existing premises. Decision due date 23 March 2021 Referral agencies Not applicable Officer’s recommendation Refusal 2 PROPOSAL 2.1 Summary Council is in receipt of an application for a Change ‘Other’ to a Development Approval for a Material change of use (Impact assessment) for a Tavern at 47 Thomas Drive, Surfers Paradise. The applicant has sought to amend existing conditions within the development approval as follows: • Amend condition 1 to reflect the latest suite of plans. These plans incorporate a new internal fit out to facilitate a 28 gaming machine room, relocation of the bar and TAB facility to the eastern wall; • Amend condition 3 to remove the restrictions for gaming machines within the premises; and • Amend condition 4 to extend the hours of operation to 10am - 2am. The current approval permits the hours of operation to between 10am – 12am (midnight). 2.2 Land use The Tavern approval was assessed and decided under the now historic 2003 Gold Coast Planning Scheme and was defined as follows: 800th Council Meeting 23 March 2021 619 Planning and Environment Committee Meeting 18 March 2021 Adopted Minutes ITEM 6 (CONTINUED) REPORT ON CHANGE OTHER (IMPACT ASSESSMENT) TO A DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE TO ESTABLISH A TAVERN AT 47 THOMAS DRIVE, SURFERS PARADISE - DIVISION 10 OTH/2020/27 ‘Tavern Any premises used, or intended to be used, primarily for the serving of alcohol and for which a general licence has been issued under the Liquor Act 1992 or any subsequent relevant legislation. Ancillary uses may include the serving of food and the provision of entertainment. This term includes bars and non-residential hotels. It may include a Totalisator Agency Board. It does not include Reception Rooms, Adult Entertainment Premises, Nightclubs or Cabarets.’ Pursuant to section 82 of the Planning Act 2016, the assessment of this application is required to be assessed under the City Plan (Version 7), being the planning scheme in effect at the time the application was lodged. Under the City Plan (Version 7), the equivalent land use is ‘Hotel’ which is defined as follows: ‘Hotel a. The use of premises for: i. selling liquor for consumption on the premises; or ii. a dining or entertainment activity, or providing accommodation to tourists or travellers, if the use is ancillary to the use in (I); but b. does not include a bar. Examples include: pub, tavern’ Pursuant to a review of Table 5.5.5: MCU – Neighbourhood Centre zone of the City Plan (Version 7), a ‘Hotel’ is not identified within the table which identifies the proposal as subject to Impact assessment. 2.3 Built form changes The below extracts provide a comparison of the existing and proposed internal alterations to facilitate the proposed changes: • Existing layout plan (approved through a Generally in accordance determination GIC/2020/134): 800th Council Meeting 23 March 2021 620 Planning and Environment Committee Meeting 18 March 2021 Adopted Minutes ITEM 6 (CONTINUED) REPORT ON CHANGE OTHER (IMPACT ASSESSMENT) TO A DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE TO ESTABLISH A TAVERN AT 47 THOMAS DRIVE, SURFERS PARADISE - DIVISION 10 OTH/2020/27 Existing layout Figure 1: Existing layout plan. Source: Peter Wyman. • Proposed layout plan: Extent of changes Figure 2: Proposed layout plan. Source: Peter Wyman. 800th Council Meeting 23 March 2021 621 Planning and Environment Committee Meeting 18 March 2021 Adopted Minutes ITEM 6 (CONTINUED) REPORT ON CHANGE OTHER (IMPACT ASSESSMENT) TO A DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE TO ESTABLISH A TAVERN AT 47 THOMAS DRIVE, SURFERS PARADISE - DIVISION 10 OTH/2020/27 KEY CONSIDERATIONS The key considerations of the proposal relate to the land use suitability and the sites location within the Neighbourhood centre zone. Within the City Plan there is a clear policy direction that seeks to ensure Hotels are not located within Neighbourhood centres. Land uses within Neighbourhood centres are envisaged to “comprise a small mix of land uses to service residential neighbourhoods. It includes small scale convenience shopping, professional offices, community services and other uses that directly support the immediate community.” (City Plan – Version 7 – Neighbourhood centre zone code purpose statement). It is acknowledged that the site benefits from an existing Tavern approval. Officers can and have had regard to the reasons why Council approved the original land use at the site. - The Tavern was taken to be an undesirable land use, subject to impact assessment. Notwithstanding, it was recognised that the existing premises operated as a restaurant and sports bar and the inclusion of the TAB Facility was to replace the existing TAB Facility located at the corner of Thomas Drive and Adori Street, which was scheduled for closure; - The proposal simply sought to allow for a TAB facility to be co-located within the existing licensed premises; - The introduction of the proposed TAB facility resulted in the premises falling within the land use definition of Tavern, despite there being no apparent change in the scale or intensity of the existing land use; and - The proposed Tavern (Restaurant, Sports Bar and TAB Facility) would not operate in a materially different way to the existing sports bar and restaurant. To secure this position, officers conditioned the restrictions to gaming machines within the site and maintained the historic operating hours afforded to the existing operations. In the same way that the historic planning scheme sought to preclude Taverns from operating at this location, it is considered that the removal of operational restrictions as sought, represent land use non-compliances with the City Plan (version 7) Strategic outcome 3.4.1(7), Specific outcome 3.4.5.1(1), (2), (3) and (6) of the Strategic framework, Performance outcome PO10 and Overall outcome 6.2.5.2(2)(a) of the Neighbourhood centre zone code as: - Hotels (Taverns) are not envisaged; - There is no demonstrated need/demand for the proposed 28 gaming machines or operating hours to 2am; - The proposal will not provide the neighbourhood centres catchment access to small scale commercial operations that directly support the needs of the immediate neighbourhood; and - The 12am (midnight) operating hours already exceed the schemes intended 10pm limitation. It is not considered appropriate to further exacerbate the operating hours for this Neighbourhood centre given its proximity to the Surfers Paradise Specialist Centre. Despite this area being within walking distance to the ‘Home Of The Arts’ and the Surfers Paradise Specialist Centre, it is still considered that the village character of Chevron Island is to be protected. Officers consider the community’s expectation is derived from the City Plan (10pm) or in specific circumstances, 12am (at this location) due to existing approved operating hours. No other land uses operate beyond 12am within the immediate commercial area. 800th Council Meeting 23 March 2021 622 Planning and Environment Committee Meeting 18 March 2021 Adopted Minutes ITEM 6 (CONTINUED) REPORT ON CHANGE OTHER (IMPACT ASSESSMENT) TO A DEVELOPMENT APPROVAL FOR A MATERIAL CHANGE OF USE TO ESTABLISH A TAVERN AT 47 THOMAS DRIVE, SURFERS PARADISE - DIVISION 10 OTH/2020/27 In accordance with section 45(5)(b) of the Planning Act 2016, in addition to an assessment against the City Plan, Council can and have had regard to other relevant matters submitted by the applicant to determine if a favourable decision can be made despite the identified non- compliance. Relevant matters have been considered including: - Evidence of existing Hotels (Taverns) established in a number of zones throughout the city, including the Neighbourhood centre zone which includes 14 (15 per cent) of the 92 Hotels (including the establishment of a Tavern within a historical court approval). - Demand for gaming machines within the Chevron Island neighbourhood centre and no adverse impacts of the proposed operating hours to 2am. - Submission of Surfers Paradise ‘Safe night precinct’ map. These matters have been considered within section 5.3 of this report Strategic framework assessment, however, do not overcome the land use non-compliances identified with the City Plan.
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