Sol Bar Live v Sunshine Coast Regional Council

[2012] QPEC 14

[2012] QPEC 14

PLANNING AND ENVIRONMENT COURT

JUDGE RACKEMANN

P & E APPEAL No 5176 of 2011

SOL BAR LIVE

Applicant

and

SUNSHINE COAST REGIONAL COUNCIL

Respondent

BRISBANE

..DATE 07/03/2012

..DAY 1

ORDER

HIS HONOUR:  This is an application to change an approval.  The change would allow a cabaret, which is currently able to operate Wednesday to Sunday from 6 p.m. to 3 a.m., to operate from Monday to Sunday from 10 a.m. to 3 a.m.  Accordingly, the extra hours that are being provided are for two additional days of the week, namely Monday and Tuesday - which would be expected to be the less busy times of the week - and the extended hours on each of those days is to increase the daytime use of the facility.

The material which was provided with the request includes an acoustic assessment which shows that, with compliance with a management plan, there should not be any noise consequences of the proposal which would be likely to raise an objection.

I have looked at the objections which were made to the original application and they relate, in the main, to what I would refer to as generalised concerns about this type of use and particularly a concern about night-time and also about car parking.  Given that the extensions here are to the daytime and on occasions which would be expected to be the less busier times it is, in my view, unlikely that the change would cause anyone to make a properly made submission objecting to the change if circumstances permitted.

I am satisfied that it is a permissible change and I am satisfied that it is an appropriate one to approve in the exercise of discretion.  I should note that the applicant has now taken up my earlier suggestion that approval of the change should be conditional upon them having to comply with the management plan and the draft order has been altered to reflect that.

Accordingly, I make an order as per draft, initialled by me and placed with the papers.

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