2016-06-07 - Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                         7 JUNE 2016


South East Queensland Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is
consistent with the regional policies of the SEQ Regional Plan 2009 – 2031 and the associated
Regulatory Provisions.
3.3. Statutory Instruments – Planning Scheme
The site is located in the Noosaville Locality and is zoned industry. The proposed retail use is
identified an inconsistent use within the zone and required to follow an impact assessable
application process.
Locality Provisions
The Overall Outcomes sought for the zone under the Noosaville Locality Code state:
For the Industry Zone—land in this zone—
i.     consists of the Noosaville Industrial Estate, being Noosa’s principal industrial centre;
ii.    is protected for industrial functions including Industrial business Type 2 to the exclusion of
       incompatible uses including Residential Uses, Community Uses, Commercial business and
       most sport and recreation uses and Retail business uses;
iii.   has high accessibility to arterial roads and the Bruce Highway;
iv.    does not accommodate uses that would harm the environment through excessive noise,
       odour, dust, or other waste;
v.     is developed in a fashion that does not detract from the character of its locality or impact on
       the major road network;
vi.    provides important industries and service-related businesses to the whole of Noosa, but
       particularly the coastal area and the north-east area of the former Maroochy Shire; and
vii.   provides for a high level of runoff water quality to Eenie Creek and Lake Doonella;
The shop/café use raises conflicts with (ii) above and therefore raises a high-level planning
scheme conflict for which the Sustainable Planning Act requires there must be sufficient grounds
to overcome the conflict if the application is to be supported. The applicant recognises the
conflict and identifies the following grounds:
 whilst the proposal comprises an inconsistent use, this use is not considered to be
   ‘incompatible development’. Takeaway food establishments are not uncommon in industrial
   areas, serving the needs of a range of tradespersons and employees working in the nearby
   area;
 the Use Area of the inconsistent shop relates to a total of 19.7m2 [now 14.7m2] which is a
   minor portion (approx. 5%) of the overall use area;
 the proposal will provide workers with choice and quality options for lunches, thus providing a
   desirable social outcome for the local workforce;
 the proposal, in providing for conveniently located retail services, provides the opportunity for
   increased walkability – contributing to contemporary triple bottom line considerations; and
 the proposed development will neither compete with nor, as a result, threaten the viability of
   existing large format retailers. Rather, it will be a proportionate complement to the higher
   order retailing that already services the identified Trade Area’s population.
In all, the main existing use (which represent 95% of the development footprint) comprise
‘consistent’ uses within the Industry Zone and by nature fundamentally support the Overall
Outcomes for the Noosaville locality. The ‘inconsistent use’ proposed is minor in nature, ancillary
to and complimentary with the main uses.



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