51981.3345.01 & 51984.3154.01 Application For A Minor Change To Development Approvals For A Seafood Kiosk At 185 Weyba Road, Noosaville [As Published]

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 10 SEPTEMBER 2024


                   18.        The approval given herein is for the vending of take-away sea foods and does not
                              permit the provision and serving of meals and refreshments for consumption on the
                              land/or premises.
                   Condition 6 of TPC 1705
                   6.               The approval granted permits the sale of takeaway seafoods only and no facilities
                              shall be provided for the consumption of any food on the premises by the general
                              public.
               Applicant’s Request
               The applicant has requested to amend Condition 18 of TPC 1503 and Condition 6 of TPC 1705 to
               read as follows:




               The applicant has provided the following commentary in support of the proposed changes:
               •        On 18 November 1987 Council approved an extension to the existing dwelling house for the
                        purposed of a kiosk for the vending of sea foods (TPC 1503). The 1973 Planning Scheme
                        categorises a Kiosk under 'refreshment service'. At this time the kiosk was only able to trade
                        fresh seafood.

               •        On 23 January 1985 Council approved alterations to an existing seafood kiosk (installation
                        of cooking equipment) (TPC 1705). This installation of cooking equipment permitted the kiosk
                        to trade as a takeaway fish and shop selling both fresh and cooked seafood to the public.

               •        On 16 August 1990 council resolved to register a Caterer's Shop (seafood kiosk) over the
                        site, as an existing non-conforming use (NCU 23). The use was pursuant to and in
                        accordance with conditions of TPC 1503 and 1705.
                        The 1985 Planning Scheme defines a 'Catering Shop' as-
                        Any premises used or intended for use for the preparation by cooking or otherwise of light
                        refreshments, take-away meals or bread, cakes or pastry and the supply of such on sale to
                        the public for consumption elsewhere or on the premises.
                        Therefore, it is clearly presented the change of conditions aligns with the existing use rights
                        and will not impact upon the amenity of the locality. The bakery will not offer table service
                        and all products will be sold in takeaway packaging.
               Assessment
               Under the 1973 Town Planning Scheme and Noosa Plan 2020, the land was included in a
               residential zone and intended to accommodate residential uses. Residential uses surround the site
               on all 3 sides and currently there is a critical demand for residential uses, with limited medium
               density residential zoned land available.


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Document Set ID: 23119253
Version: 13, Version Date: 26/08/2024