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



                    Assessment Type                Minor Change to Development Approval

               EXECUTIVE SUMMARY
               This report provides an assessment of an application to change two existing development
               approvals for a seafood kiosk to establish a bakery at 185 Weyba Road, Noosaville. The kiosk is
               located at the Weyba Road frontage and directly abuts a dwelling on the same land.
               The proposed changes include an increase to the approved use area by 7m2 and the addition of a
               48m2 outdoor dining area proposed to seat 10 diners at the front of the building. The bakery is
               proposed to operate from 6am to 5pm seven days a week, with the bakers commencing their shifts
               at 4:30am and 5:00am and front of house staff at 6:00am, 6:30am and 7:00am.
               The two (2) existing development approvals for the seafood kiosk (defined as a ‘refreshment
               service’) were issued under the 1973 Planning Scheme. These approvals were decided by Council
               at the time, noting the Planning Officer recommended refusal of the applications as the subject site
               was zoned Residential A under the 1973 scheme and the use was considered likely to cause
               ‘detriment to residential amenity, commercial ribbon development, hazardous to the free flow of
               traffic and grounds of objection received’. Several objections were also received against the
               application raising concerns about the impacts of the use on adjoining residential uses and traffic
               impacts. Council approved the applications and included conditions on the Consents limiting the
               use to the sale of seafood for takeaway only, with the consumption of food and drinks on site
               specifically not permitted. When these approvals were issued, a bakery was separately defined
               as a ‘service shop’ under the 1973 scheme, which was listed as an inconsistent use in the
               Residential A zone. The proposed bakery (service shop) is therefore not interchangeable with the
               approved seafood kiosk (refreshment service) under the 1973 scheme. It is noted the seafood
               takeaway can continue to operate under the current approval.
               The site is zoned Medium Density Residential under Noosa Plan 2020 and is intended to be
               developed for dual occupancies and multiple dwellings, with bakeries, shops, commercial uses
               and the like to be located in a centre zone.
               The proposed bakery is not consistent with the medium density residential zoning and is more
               appropriately located in a centre zone with vacant tenancies noted in all centres currently. The
               proposed bakery is also materially different to the approved takeaway seafood kiosk with its very
               early morning starts, on-site dining, additional staff and increased car parking demands and does
               not constitute a ‘minor change’ pursuant to the Planning Act 2016.
               Further no additional on-site car parking is able to be provided to cater for the increased use area
               and anticipated additional staff and no acoustic measure have been proposed to address potential
               noise impacts.
               The application is therefore recommended for refusal.
               RECOMMENDATION
               That Council note the report by the Senior Development Planner to the Planning & Environment
               Committee Meeting dated 10 September 2024 regarding Application Numbers 51981.3345.01 &
               51984.3154.01 to make a minor change to two (2) development approvals for a takeaway seafood
               kiosk situated at 185 Weyba Rd, Noosaville and:
               A.     Refuse the change for the following reasons:
                      1.      The proposed changes do not constitute a minor change to the development approvals
                              as defined by the Planning Act 2016, as the changes will result in a substantially
                              different development.
                      2.      The proposed bakery (service shop) is not consistent with the Residential A zoning
                              intent under the 1973 Planning Scheme for Noosa Shire or the Medium Density
                              Residential zone under Noosa Plan 2020 and is more appropriately located in a centre
                              zone.

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