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


               Conversely, since the commencement of the seafood kiosk decades ago, a neighbourhood centre
               has been established approximately 100 metres to the west of the subject site. This
               neighbourhood centre includes a supermarket and various tenancies including The Bakers Pantry,
               and is where food and drink outlets, shops and the like to service the neighbourhood are intended
               to locate. Moreover, currently there is no shortage of commercial tenancies with vacant tenancies
               apparent in all centres.
               Both the 1973 Town Planning Scheme and Noosa Plan 2020 do not support the proposed bakery
               with the nature and hours of the proposed bakery materially different to the seafood kiosk with very
               early morning activity and on-site dining for 10 persons.
               The Overall Outcomes of the Medium Density Residential Zone Code from Noosa Plan 2020 state
               that:
               (b)    Medium density residential neighbourhoods are predominantly home to permanent
                      residents.
               (d)    New uses are located, designed and managed to be compatible with surrounding uses.
               (e)    The intrusion of incompatible uses, or uses which are more appropriately accommodated in
                      other zones is avoided to protect land for dual occupancies, community residences, rooming
                      accommodation, multiple dwellings, retirement and relocatable home park facilities.
               (j)    Development maintains a high level of residential amenity having regard to traffic, noise,
                      dust, odour, lighting and other locally specific impacts.
               The Performance Outcomes and Acceptable Outcomes from the Code further state that:
               PO1
               Development provides for medium density dual occupancy and multiple dwellings in a range of
               dwelling sizes and styles, which meet the needs of current and future resident populations including
               small households, older persons, people on low incomes and people with special mobility needs.
               PO5
               Land uses are limited to those which are compatible with the medium density living in urban
               neighbourhoods.
               AO5.1
               Land uses do not typically rely on people other than residents of the site to be present on the
               site between the hours of 7:00pm and 7:00am.
               AO5.2
               Land uses do not result in adverse changes to the amenity of the residential neighbourhood by
               the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil,
               waste water, waste products, or radio or electrical interference.
               The early morning working hours of 2 bakers, front of house staff and customers with on-site dining
               for 10 people do not meet these outcomes, with the proposed bakery considered incompatible with
               the surrounding residential uses and likely to have far greater adverse impact on residents than
               the existing seafood kiosk. The applicant has not provided any acoustic report or the like to support
               the application and demonstrate that no adverse amenity impacts will arise for surrounding
               residents from the proposed bakery.
               The proposed changes also seek to increase the total use area compared with the seafood kiosk,
               however, provides no additional on-site car parking for customers or car parking for staff. The
               proposed bakery includes an additional 7m2 internal area and a 48m2 outdoor dining area
               compared to the seafood kiosk. The proposed bakery is also expected to have additional staff on
               site compared to the previous seafood kiosk.
               The Driveways & Carparking Code requires car parking at the rate of 1 space per 20m2 of total use
               area for a bakery, which results in an additional 3 spaces being required. The applicant is unable
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Document Set ID: 23119253
Version: 13, Version Date: 26/08/2024