Kitchen Shed Noosa - Planning Report - Impact Application - 251115

                                                                                                Town Planning Report
                                                                  Kitchen Shed 3/9 Lionel Donovan Drive, Noosaville




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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