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Kitchen Shed Noosa - Planning Report - Impact Application - 251115
Attached to the e-mail MCU15/0116 Development application.
Town Planning Report
Kitchen Shed 3/9 Lionel Donovan Drive, Noosaville
Town Planning Report
MATERIAL CHANGE OF USE TO ESTABLISH
RETAIL BUSINESS – TYPE 2 SHOP & SALON
Kitchen Shed situated at 3/9 Lionel Donovan Drive,
NOOSAVILLE described as Lot 3 on SP119455
Applicant: KITCHEN SHED NOOSA PTY LTD
Date: DECEMBER 2015
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Town Planning Report
Kitchen Shed 3/9 Lionel Donovan Drive, Noosaville
1. Summary ............................................................................................................... 4
2. Application Information ............................................................................................ 6
3. Development Intent ................................................................................................. 7
4. Characteristics of Site and Surrounds ........................................................................... 7
4.1 Site Characteristics ....................................................................................................... 7
4.2 Past and Existing Uses ................................................................................................... 9
4.3 Existing Infrastructure Servicing the Site ......................................................................... 10
5. Proposed Development Details ................................................................................ 11
5.1 Application Type ........................................................................................................ 11
5.2 Access and Parking ..................................................................................................... 11
5.3 Landscaping .............................................................................................................. 11
5.4 Servicing ................................................................................................................... 11
6. Statutory Town Planning Assessment ........................................................................ 12
6.1 Sustainable Planning Act 2009 ...................................................................................... 12
6.2 State Planning Policy ................................................................................................... 13
6.3 State Development Assessment Provisions ...................................................................... 13
6.4 Referral .................................................................................................................... 13
7. SEQ Regional Plan.................................................................................................. 14
8. Noosa Planning Scheme Considerations ..................................................................... 14
8.1 Land Use Definition .................................................................................................... 14
8.2 Desired Environmental Outcomes ................................................................................. 14
8.3 Noosaville Locality Plan and Industry Zone ...................................................................... 15
8.4 Applicable Development and Overlay Codes .................................................................... 18
9. Conclusions .......................................................................................................... 19
Appendix A – Proposal Plans
Appendix B – Council WA 15/0019
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Important Note
Apart from fair dealing for the purposes of private study, research, criticism, or review as permitted under the
Copyright Act, no part of this report, its attachments or appendices may be reproduced by any process without
the written consent of RG Strategic. All enquiries should be directed to RG Strategic.
We have prepared this report for the sole purposes of Kitchen Shed Noosa Pty Ltd (“Client”) for the specific
purpose of making a Development Application (“Purpose”). This report is strictly limited to the purpose and the
facts and matters stated in it and does not apply directly or indirectly and will not be used for any other
application, purpose, use or matter.
In preparing this report we have made certain assumptions. We have assumed that all information and
documents provided to us by the Client or as a result of a specific request or enquiry were complete, accurate
and up-to-date. Where we have obtained information from a government register or database, we have
assumed that the information is accurate. Where an assumption has been made, we have not made any
independent investigations with respect to the matters the subject of that assumption. We are not aware of any
reason why any of the assumptions are incorrect.
This report is presented without the assumption of a duty of care to any other person (other than the Client)
(“Third Party”). The report may not contain sufficient information for the purposes of a Third Party or for other
uses. Without the prior written consent of RG Strategic;
this report may not be relied on by a Third Party; and
RG Strategic will not be liable to a Third Party for any loss, damage, liability or claim arising out of or
incidental to a Third Party; and
Publishing, using or relying on the facts, content, opinions or subject matter contained in this report
If a Third Party uses or relies on the facts, content, opinions or subject matter contained in this report with or
without the consent of RG Strategic, RG Strategic disclaims all risk and the Third Party assumes all risk and
releases and indemnifies and agrees to keep indemnified RG Strategic from any loss, damage, claim or liability
arising directly or indirectly from the use of or reliance on this report.
In this note, a reference to loss and damage includes past and prospective economic loss, loss of profits, damage
to property, injury to any person (including death) costs and expenses incurred in taking measures to prevent,
mitigate or rectify any harm, loss of opportunity, legal costs, compensation, interest and any other direct,
indirect, consequential or financial or other loss.
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1. Summary
Kitchen Shed Noosa Pty Ltd (the Applicant) has engaged RG Strategic to prepare and lodge a Material Change of
Use application (Impact Assessable) to seek a development permit for the following use – Retail Business Type
2 – Shop and Salon (Kitchen Shed Takeaway Cafe). The application has been prepared in knowledge of the
advisory letter from Noosa Council – Michael Cantori dated 19th August 2015.
The subject site is located at 3/9 Lionel Donovan Drive, Noosaville and is formally described as Lot 3 on SP119455.
Council advised with Written Advice WA15/0019 (Appendix B) that the area of GFA and sale of goods from the
site complied with the provisions of the Noosa Plan definition for Industrial Business Type 2. This definition and
use does not allow for consumption of food and beverages on the premises. As seating is currently provided for
up to 10 persons, an application for a Shop use must be lodged for Council’s consideration. It is also noted that
Council staff have advised in writing that this use is unlikely to be supported.
In regards to the inconsistent use of the Retail Business – Type 2 it is of a minor scale at approximately 5% of use
area of the existing development. It is seen to be appropriate, ancillary and compatible with the main
components of the development and complimentary to the principal activities of the production and distribution
activities within Kitchen Shed.
The proposed development of this site constitutes ‘development’ as defined by Section 7 of the Sustainable
Planning Act 2009. The proposal is deemed inconsistent impact assessable development under the provisions
of the Noosa Plan 2006 and the Sustainable Planning Act 2009.
The proposal involves the following:
Ancillary and complimentary use of GFA for sale of products and items which are produced,
manufactured, repackaged or distributed to external customers (restaurants) (Council with WA15/0019
has deemed this use compliant); and
Seating for 10 persons internally and outdoor for consumption of these products if they choose.
This report provides greater detail of the nature of the proposal, describes the site characteristics and
surrounding land uses, and provides a statutory assessment against the intents and code requirements of the
Planning Scheme. These matters are set out in this report and Appendix A (Proposal Plans).
The key grounds to support an approval of this application to overcome the conflict with the Planning Scheme
for inconsistent uses include:
The proposal will not offend any state planning instruments;
An assessment of the proposal against the planning scheme Commercial and Retail uses DEO finds that
the proposal does not comprise a use with large components of retail and commercial areas and as
such that the majority of use is an Industrial which in turn does conflict with the DEO;
An assessment of the proposal against the planning scheme Industrial Business DEO finds that the major
proportion of the site (95%) has been deemed consistent Industrial use, hence the development by its
nature is supporting the DEO;
The majority of the proposal includes consistent uses that are appropriate in the Industry Zone and are
suitable on this site;
95% of the use on the site is consistent with the Noosa Plan provisions;
The total use area of the inconsistent components of the proposal represents only 5% of the overall
proposed use area, which is a minor component of the development and is considered compatible and
ancillary with the primary uses;
The use is proposed within an existing tenancy with no increase of GFA;
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Previous Council reporting acknowledges the need for cafes to service the industrial estate workers
which do not negatively impact on surrounding uses; and
The proposed location is suitably located to improve accessibility to food offerings in the Noosaville
Industrial Area.
Figure 1 – Kitchen Shed Front Entrance
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2. Application Information
SITE DETAILS
Address 3/9 Lionel Donovan Drive, Noosaville
Real Property Description Lot 3 on SP 119455
Land Area 232m2
Local Authority Noosa Shire Council
Registered Landowner Glenroe Holding Pty Ltd
Current Use Kitchen Shed
Proposed Use Retail Business - Type 2 Shop and Salon –Takeaway Cafe
PLANNING SCHEME DESIGNATIONS
Planning Scheme The Noosa Plan 2006
Locality Noosaville
Zone Industry
Overlays and Relevant Codes Noosaville Locality Code;
Industry Zone Code;
Business Uses Code;
Driveway and Carparking Code;
Landscaping Code
APPLICATION DETAILS
Applicant Kitchen Shed Noosa Pty Ltd C/O RG Strategic
Application Type Development Permit for Material Change of Use
Proposal Retail Business - Type 2 Shop and Salon – 19.7m2
Level of Assessment Impact
Referrals N/A
PROJECT TEAM
Town Planning RG Strategic
Architecture RG Strategic
Civil Engineering N/A
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3. Development Intent
The Kitchen Shed is a food premise Industrial Business Type 2 as defined by the Noosa Plan. On site storage, production
kitchen and administration provide for the operation of the Kitchen Shed’s primary business which is wholesaling food and
beverage directly to restaurants, off site function and event catering, production kitchen for Gaston’s restaurant, and the
provision of such product from onsite as a shop / café with seating for up to 10 persons.
This proposal seeks to gain a development permit for the Retail Business Type 2 use – Shop and Salon – Takeaway Café, that
is currently in operation.
The shop as defined provides the opportunity for the product produced or wholesaled from Kitchen Shed to be available
for customers to purchase and if they choose sit on site and consume. Provision has been made for up to 10 chairs and a
table to enable this to occur. This seating is proposed with 10 seats as outdoor dining.
Hours of operation for the shop are from 7am – 3pm Monday to Friday, to coincide with the worker activity within the
Lionel Donovan Drive precinct. You are able to purchase a coffee, freshly baked product or sandwich and takeaway or eat
on site. This use as a shop is ancillary to the primary focus of the industrial use and as such only uses 19.7m2 of the GFA of
the development.
Council staff have previously advised that the consumption of the product onsite presents the conflict with the scheme and
that the sale of the products is consistent. (WA 15/0019).
As the use is currently occurring data has been able to be collected over a one-month period on its;
Patronage / Point of origin;
Mode of travel; and
Dine in or take away.
This data has reflected the following;
97% of all customers are working within the Lionel Donovan precinct or attending a business within the precinct.
Going to the Kitchen Shed was not their primary driver for being within the precinct, it was a secondary excursion;
98% of all customers walked to the kitchen shed and did not use onsite carparking; and
68% of all customers took their purchase away and did not stay onsite to consume.
It can be clearly ascertained from this data that;
customers are those from within the catchment and the Kitchen Shed is servicing a need that is not easily provided
for;
Kitchen Shed is not a point of destination to customers who are not already within the precinct for other activities;
Walking is the primary mode of access to the site; and
The majority of customers purchased their product and went elsewhere to consume (i.e. back to their workplace).
This data and its analysis is important when considering the proposal against the planning schemes DEO’s for Commercial
and Retail uses, and Industrial businesses and its primary function of the activities onsite.
4. Characteristics of Site and Surrounds
4.1 Site Characteristics
The land which is subject of this application (i.e. the site) is located at 3/9 Lionel Donovan Drive, Noosaville and described as
Lot 3 on SP 119455. The site has 3 existing tenancies of which Noosa Glass is located in one, Kitchen Shed in another and the
third is vacant.
Lionel Donovan Drive is situated within the well-established Industrial area of Noosaville, in the precinct that is known as the
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motor park where predominant uses relate to new and used vehicle sales, servicing of vehicles, tyre and mechanical service.
Within this precinct there is presently 7 parcels of undeveloped land with a total area of 10,977m2. It is important to consider
this within the context of the provision of takeaway meals for current but also future industrial workers and the ease of
accessibility to such. Of note it is has been estimated with the current vacant land and its development potential and those
existing tenancies which are vacant, a further 350 workers could be accommodated within this precinct with the Kitchen Shed
providing a suitable and easily accessible opportunity for meals during the day.
An existing Industrial building has been constructed and is set back from the front boundary, separated by a landscaped plant
screen and a row of car parking spaces. A total of 13 carparking spaces are provided with an additional disabled space.
Figure 2 - Site Location Map
Source: QLD Globe
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Figure 3. Noosa Council Zone Map
4.2 Past and Existing Uses
Previously the site was vacant land and was approved for Industrial uses and this tenancy has been vacant since that
approval for Industrial use.
Kitchen Shed Noosa sought to establish its production, wholesaling, storage and administration operations within the vacant
tenancy. Its definition as Industrial Business Type 2 was deemed consistent and compliant and the operation has traded as
such.
Council has advised through Written Advice and an Advisory letter that the use for sale of products which are then in turn
consumed on the premises does not comply with these previsions and have sought the applicant to prepare and lodge an
application for the inconsistent use.
The takeaway sales and consumption represent a small area of the overall site with less than 5% of the use area attributed.
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4.3 Existing Infrastructure Servicing the Site
The subject site currently has access to all infrastructure that commonly service industrial commercial development in this
locality. This infrastructure includes Council water supply, reticulated sewerage, underground telecommunication services,
underground power supply, storm water drainage, bitumen roadway and concrete channeling.
The site has developed generally in accordance with the Operational Works approval.
Figure 4 – Kitchen Shed Outdoor dining and proposed seating for 10 persons
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5. Proposed Development Details
5.1 Application Type
In accordance with the relevant provisions of the Sustainable Planning Act 2009, this application seeks a Development
Permit for Material Change of Use for a Retail Business Type 2 – Shop and Salon – Takeaway Café.
This application is necessary for the inconsistent use of 19.7m2 of Takeaway Café that presently occurs on site. It has been
previously mentioned that apart from the consummation on site of products purchased, the existing development is
compliant with the requirements of Industrial Business Type 2.
The café component of the development is ancillary and complimentary to the Industrial use and does not detract from the
primary focus of the land being used for an industrial purpose.
5.2 Access and Parking
Carparking has been provided generally in accordance with the Operational Works approval.
The site offers off street parking with a total of 13 spaces and 1 additional disabled space. The requirements for carparking
for Type 2 shop and salon require 1 space per 20m2 or part thereof of use area up to 100m2 excluding outdoor dining. Use
area has increased less than the required for an entire 1 space.
It has been demonstrated by the nature of the business and the clientele that 98% of all customers walk to the shop so
there is no impact on existing parking.
5.3 Landscaping
Landscaping has been planted generally in accordance with the Operational Works approval. The landscaping has matured
and provides a visual break between the street frontage and internal car parks.
5.4 Servicing
The waste storage area is located externally to the building, behind the disabled space carparking space. Servicing is
provided for removal and recycling of production waste and material. A reduce, reuse, recycle approach has been
implemented to minister waste production.
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6. Statutory Town Planning Assessment
6.1 Sustainable Planning Act 2009
The Sustainable Planning Act 2009 (the Act) provides the overall statutory planning framework for Queensland. The subject
site is located within the local government boundaries of the Noosa Council area. As such, the site is subject to the provisions
contained in the Noosa Plan (the planning scheme).
Based on the relevant provisions of the planning scheme the proposed development requires Impact Assessment. Those
matters which the Assessment Manager must have regard to when assessing the development application are set out in
section 314 of the Act.
At the time of lodging the development application, the common material comprises the following:
the duly completed IDAS forms;
the proposal plans; and
this town planning report and appended information.
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6.2 State Planning Policy
The State Planning Policy (SPP) defines the Queensland Government’s policies about matters of state interest in land
use planning and development. The SPP only applies to development assessment if the planning scheme has not yet
appropriately integrated the SPP. If there is a discrepancy between a local planning scheme and a state planning policy,
then what is outlined in the state planning policy overrides the planning scheme. The Noosa Plan does not reflect the SPP
and assessment against the SPP is required.
Part E of the SPP details the interim development assessment requirements for the following state interests:
State Interest Comment
Mining and extractive resources Not applicable
The site is not within a key resource area (KRA),
the separation area of a KRA or the transport route
separation area of a KRA.
Biodiversity Not applicable
The site does not include land that relates to a
matter of state environmental significance.
Coastal Environment Not Applicable The site is not located within a
coastal management district.
Water Quality Not applicable
Emissions and hazardous activities Not applicable
State Transport Infrastructure Not applicable
The site is not located within 400m of a public
passenger transport facility or future public
passenger transport facility.
Strategic airports and aviation facilities Not applicable
The site is not located within proximity of a strategic
airport or aviation facility.
6.3 State Development Assessment Provisions
The State Development Assessment Provisions (SDAP) set out the matters of interest to the state for development
assessment, where the state assessment and referral agency (SARA) is responsible for assessing or deciding
development applications as assessment manager or as a referral agency. The SDAP is not applied by local government in
the assessment of development applications.
6.4 Referral
No Referrals apply to this application.
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7. SEQ Regional Plan
The subject site is located within the Urban Footprint of the South East Queensland Regional Plan. The proposed use is
consistent with the SEQ Regional Plans intent for the urban footprint land use area.
8. Noosa Planning Scheme Considerations
8.1 Land Use Definition
The proposed development has been defined under the Noosa Plan as;
Primary Use: Business Use
Use Class: Retail business – means the conduct of a business activity, where goods or services are displayed or offered for
sale to the public.
Use: Type 2 – Shop and Salon: The use of premises for an activity that is generally found in a shopping complex, strip or
centre. The use includes a shop, hairdressing salon, appliance repairs, alterations, dry cleaning and a café with dining
facilities for up to 10 people.
Comment: The existing use is a take away café with seating for up to 10 persons as an ancillary use to the Industrial Business
Type 2 that occurs on the site. It is an inconsistent use requiring impact assessment.
8.2 Desired Environmental Outcomes
As per Section 11.3.3 (Part 11 – Noosaville Locality Plan) of the planning scheme, ‘for impact assessable development, the
development is assessed against the whole planning scheme.’
The following assessment against the relevant Desired Environmental Outcomes (DEOs), demonstrates that the proposed
development does not undermine the main aims or intent of the planning scheme.
The DEOs are statements of broad policy at a shire-wide level, and form the foundation from which other provisions of the
Noosa Plan are developed. Part 3 of the planning scheme contains 12 DEOs, each relating to a specific policy.
The Commercial & Retail Uses DEO is considered to be of most relevance to the proposed development. The proposal has
been assessed against the relevant item (viii) of the Commercial & Retail Uses DEO, which reads:
“A hierarchy of centres with a range of Commercial and Retail business uses provide suitable levels of amenity, service and
access to the community, consistent with the community’s location and needs and is based on—
viii. Uses that comprise a large component of Commercial and Retail business uses or
other non-industrial uses are not located on land that is otherwise intended for
Industrial business uses;…”
Comment: The foundation of this DEO is the hierarchy of centres which identifies a tiered network of centres, each with a
described function and preferred scales and types of retail and commercial uses. The centres within the hierarchy are
identified on the Planning Scheme Strategy Map and range from the Shire Business Centre at Noosaville through to small
village centres. Given that the development includes a ‘retail’ element and the site is located outside of a centre it is
necessary to demonstrate that the proposed retail element will not impact on the hierarchy.
Whilst the Retail Business Type 2 – Shop & Salon is identified as an inconsistent use in the Industry Zone, the existing
Industrial Business Type 2 is deemed self assessable, consistent and supported within the Industry Zone. As such, any
potential conflict with the hierarchy of centres and this DEO must be viewed in this context.
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The proposal does not comprise a use with large components of retail areas. The Retail Business Type 2 – Shop & Salon use
is associated with the Industrial Business Type 2 component and (as confirmed with Council) relates to a minor component
(approx. 5%) of total GFA. Whilst Council consider this component to comprise its own specific use, it should be noted that
the operation, use and function of this part of the building will be primarily related to the food production business. The
sale of retail food products is considered to be complimentary to and ancillary to the industry use.
The total GFA of retail is 19.7m2. In terms of the overall proposed GFA of the development, this represents approximately
5% of use area, which is a minor and complimentary component of the larger approved consistent use. This use comprises
is not considered significant in the context of the DEO.
The site is located outside the hierarchy of centres but is not quarantined by the planning scheme for purely industrial uses.
The site is envisaged for various retail uses under the Industrial zoning including landscape yards, rural supplies, service
stations, hardware stores and various Type 5 uses including boat, truck and motor vehicle hire premises. Given the above,
and the minor nature of the retailing component, it is considered that the proposal is able to sufficiently demonstrate
compliance with the Commercial & Retail Uses DEO.
The Industrial Business Uses DEO is also considered to be of relevance to the proposed development. The proposal has
been assessed against the relevant item (vii) of the Industrial Business Uses DEO, which reads:
“Industrial uses and extractive and mining uses—
vii. protects industrial areas, valuable extractive and mineral resources and associated heavy vehicle haul
routes, particularly from the encroachment of incompatible development, for the ongoing benefit of the
community; and…”
Comment: This DEO is considered to be relevant for two reasons, firstly because part of the proposal involves an existing
Industrial Business use and secondly, as the land is zoned Industry there may be perceived concerns with the protection of
industrial land for Industrial Business uses and other compatible uses.
The major proportion of this site (approx. 95% of the GFA) is for uses that are deemed ‘consistent’ under the planning
scheme. Hence, the proposed development by its nature is supporting the achievement of this DEO. For reasons already
set out earlier, the ‘inconsistent’ uses are considered complimentary to the other main uses and minor elements of this
proposal.
In all, the proposal is considered to relate to compatible development, will not result in a significant loss of industrial land
and will provide for community benefits in terms of filling a local convenience need and not impacting on existing retailers
– rather complementing the higher order retailing that already services the population of the surrounding locality. As such,
for the reasons above, it is our view that the proposal does not impact on the hierarchy of centres or industrial areas and
furthermore, it is appropriate in light of the relevant planning scheme DEOs.
8.3 Noosaville Locality Plan and Industry Zone
The subject property is located in the Noosaville Locality within the Industry Zone of the Noosa Council.
The following extracts are taken from the Noosaville Locality Plan in Part 11 of the Noosa Plan and state the relevant
overall outcomes for the Noosaville Locality.
8.1.1 The overall outcomes sought for the Noosaville Locality are the following—
a) New uses and works are located, designed and managed to—
i be compatible with other uses and works;
ii maintain the safety of people and works;
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iii avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and
visual qualities;
iv avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation
and attrition;
i) Significant retail and commercial uses provide residents and visitors with a range of low to high order goods and services;
j) Business centres are significant employment nodes and are serviced by public transport;
Comment: Discussion with Kitchen Shed reveal the continued growth in wholesale and external catering markets will result
in increases to staff numbers, particularly within production and distribution. Local residents will benefit from these
employment opportunities. The café presents further opportunities for employment by allowing casual work force greater
opportunities for consistent hours between main catering events.
y) 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;
Comment: The proposed café development proposal potentially conflicts with the Overall Outcome (ii) for the Industry
Zone (as described above). In regard to this area of potential conflict, it is believed that there are sufficient grounds to justify
support for the proposal. These grounds include;
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, 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 the 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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Therefore, it is considered that the proposed development is appropriate in light of these Overall Outcomes as there are
sufficient grounds to overcome any potential conflict with the intent of the Noosaville Industrial Zone.
8.3.1 Division 17 – Specific Outcomes and Probable Solutions for the Noosaville
Locality
Comment: The proposed application achieves the specific outcomes as contained within Table 11-13.
8.3.2 Division 26 – Specific Outcomes and Probable Solutions for the Industry
Zone
Comment: Retail Business Type 2 use is identified as an inconsistent use in Specific Outcome 187. As discussed in previous
sections there are sufficient grounds to justify the approval of this use on this site.
A review of the existing operations of the Kitchen Shed confirm the Use Class is consistent to an Industrial business and
Council staff have advised that it is only the element of customers eating on site that requires an application for Retail
Business Type 2.
The Take Away Café use is compliant with Specific Outcome 188. This take away café application is an ancillary use to the
established Industrial Business Type 2 and compatible with the existing and surrounding uses. It does not change the
amenity of the users for the surrounding premises.
All other Specific Outcomes as listed in Table 11-23 are met by this proposed application.
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8.4 Applicable Development and Overlay Codes
This section of the report provides comment on any matters during the assessment of the proposed development
against each of the following Codes.
8.4.1 Division 3 – Business Uses Code
Comment: The proposed application generally complies with the applicable provisions of this code and contained within
Tables 14-5.
8.4.2 Division 13 - Driveways and Carparking Code
Comment: The proposed application generally complies with the applicable provisions of this code and contained within
Tables 14-49/50. As the application is to use an existing approved premises with no external works proposed, all of the
Specific Outcomes have been met by the existing approval.
Whilst there has been a change in intensity of use area from Industry to Retail the increase is minor and through assessments
undertaken it has been demonstrated by undertaking a customer travel pattern analysis that sufficient carparking spaces
are provided on site to meet the Specific Outcome O7.
8.4.3 Earthworks Code
Comment: The proposed application achieves the specific outcomes of the Earth Works Code as contained within Table 14-
52. As the application is to use an existing approved premises with no external works proposed, all of the Specific Outcomes
have been met by the existing approval.
8.4.4 Division 15 - Erosion and Sediment Control Code
Comment: The proposed application achieves the specific outcomes of the Erosion and Sediment Control Code as contained
within Table 14-53. As the application is to use an existing approved premises with no external works proposed, all of the
Specific Outcomes have been met by the existing approval.
8.4.5 Division 16 - Existing Services Code
Comment: The proposed application achieves the specific outcomes of the Existing Services Code as contained within Table
14-53. As the application is to use an existing approved premises with no external works proposed, all of the Specific
Outcomes have been met by the existing approval.
8.4.6 Division 17 – Landscaping Code
The proposed application achieves the specific outcomes of the Landscaping Code as contained within Table 14-55. As the
application is to use an existing approved premises with no external works proposed, all of the Specific Outcomes have
been met by the existing approval.
8.4.7 Division 18 - Transport, Roads and Drainage Code
Comment: The proposed application achieves the specific outcomes of the Transport, Roads and Drainage Code as
contained within Table 14-58 / 59. Whilst the application proposes a change of use to Cafe all of the Specific Outcomes are
able to be achieved in relation to traffic generation ad existing capacity for network to efficiently accommodate this change
of use.
The existing pedestrian and cycle path infrastructure is well established and located directly adjacent to the proposed
development. All of these networks are well established and meet the required engineered standards and Specific
Outcomes as prescribed with the Code.
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8.4.8 Waste Management Code
Comment: The proposed application achieves the specific outcomes of the Waste Management Code as contained within
Table 14-60. As part of the Food Premises License application greater detail has been provided to Councils EHO’s. All Specific
outcomes will be achieved.
8.4.9 Water Sensitive Design Code
Comment: The proposed application achieves the specific outcomes of the Water Sensitive Design Code as contained within
Table 14-61. As the application is to use an existing approved premises with no external works proposed, all of the Specific
Outcomes have been met by the existing approval.
9. Conclusions
The above development application has been submitted to the Noosa Shire Council as the Assessment Manager of the
application under the Sustainable Planning Act 2009. This application seeks a Development Permit for a Material Change of
Use of Premises for Retail Business Type 2 – Shop and Salon – Takeaway Café.
The planning report demonstrates the compliance with the applicable state and local planning provisions.
Section 8 of the Planning Report specifically addresses and provides assessment o f th e p rop o sa l an d has determined
that the proposal generally complies and is consistent with all probable solutions and specific outcomes. Where probable
solutions are not met, an alternative solution demonstrating compliance with the specific outcome is provided.
Whilst the application has the proposal deemed to be inconsistent in the Industry Zone, the forgoing assessment of this
minor proposal draws the following conclusions in respect of the use and the proposal,
the proposal will not offend any state planning instruments;
an assessment of the proposal against the planning scheme Commercial and Retail uses DEO finds that the proposal
does not comprise a use with large components of retail and commercial areas and as such that the majority of
use is an Industrial which in turn does conflict with the DEO;
an assessment of the proposal against the planning scheme Industrial Business DEO finds that the major proportion
of the site (95%) has been deemed consistent Industrial use, hence the development by its nature is supporting
the DEO;
the majority of the current use is a consistent use that is appropriate in the Industry Zone and is suitable for the
site;
the total proposed Use Area of the inconsistent components of the proposal represents only 5% of the overall
proposed use area, which is a minor component and is considered compatible, ancillary and complimentary with
the primary uses;
the proposed cafe will meet a clear need for more and better lunchtime options for the local workforce, particularly
in the Lionel Donovan Drive precinct which is currently not serviced by such a facility. Takeaway food
establishments are not uncommon in industrial areas, serving the needs of a range of tradespersons and
employees working in the nearby area;
all products sold within the café are either produced on site or Kitchen Shed is a wholesaler/ distributer;
café operation provides economic opportunities for Kitchen Shed to expand wholesale distribution as customers
seek their products sampled within Kitchen Shed at other locations.
In all, the main use which occurs now on the site (which represent the 95% of the development footprint) is deemed a
‘consistent’ uses within the Industry Zone and by nature fundamentally supports the Overall Outcomes for the Noosaville
locality. The ‘inconsistent use’ proposed by this application is minor in nature, ancillary to and complimentary with the main
uses.
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Therefore, it is considered that the proposed development is appropriate in light of these Overall Outcomes as there are
sufficient grounds to overcome any potential conflict with the intent of the Noosaville Industrial Zone. It is the
recommended that the application for a Development Permit for Material Change of Use at 3/9 Lionel Donovan Drive
Noosaville be approved subject to reasonable and relevant conditions.
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