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18 - 18 Hastings St Noosa Heads - Planning Report · MCU19/0061

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Town Planning Report
MCU to Business Uses – Entertainment &
Dining Business Type 2

18/18 Hastings Street, Noosa Heads 4567 QLD
Lot 18 on SP140844




                                              May 2019
Full text of the other 25 pages

Page 2

Table of Contents
1.   Important Note                                                                                        1

2.   Summary                                                                                               2

3.   Application Information                                                                              3

4.   Development Intent                                                                                   4

5.   Characteristics of Site and Surrounds                                                                5
     5.1   Site Characteristics                                                                           5
     5.2   Site History                                                                                   8
     5.3   Existing Zoning & Surrounding Land Uses                                                        9
     5.4   Current Registered Landowner                                                                   11

6.   Proposed Development Details                                                                         12
     6.1   Material Change of Use                                                                         12

7.   State Planning Interests                                                                             15
     7.1   Planning Act                                                                                   15
     7.2   Referral Agencies and State Development Assessment Provisions                                  15
     7.3   State Planning Policy                                                                          15
     7.4   South East Queensland Regional Plan 2017                                                       15

8.   Noosa Plan Considerations                                                                            16
     8.1   Proposal Definition                                                                            16
     8.2   Level of Assessment                                                                            16
     8.3   Strategic Framework                                                                            16
     8.4   Development and Overlay Codes                                                                  16

9.   Conclusions                                                                                          22




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List of Figures
Figure 1: Indicative Interior View                                                                         4
Figure 2: Site Location Map                                                                                 5
Figure 3: Cadastral Map                                                                                     6
Figure 4: Detailed Site Location Plan                                                                       7
Figure 5: Internal Views of Mall                                                                            8
Figure 6: Existing Shopfront                                                                                9
Figure 7: Council Zone Map                                                                                 10
Figure 8: Surrounding Uses                                                                                 10
Figure 9: Indicative Amusement Activities                                                                  14
Figure 10: Acid Sulfate Soils Overlay Map Extract                                                          21



List of Tables
Table 1: Application Information                                                                            3
Table 2: Project Team and Appendices                                                                        3
Table 3: Immediate Surrounding Uses                                                                        11
Table 4: Summary of Proposed Development                                                                   13
Table 5: Car parking Comparison                                                                            20




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1.   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 Taikong Australia Pty Ltd (“Client”) for the specific
       purpose of demonstrating the proposed use as being permitted under the Noosa Plan 2017 (“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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2. Summary
       Taikong Australia Pty Ltd (the Applicant) has engaged RG Strategic to seek development approval for
       Business Uses – Entertainment and Dining Business Type 2 Recreation, amusement & fitness (Impact
       Assessable Application).

       The subject site comprises an irregular shaped parcel located at Shop 18, 18 Hastings Street Noosa
       Heads and is formally described as Part of Lot 18 on SP140844 as shown on Figure 2: Site Location Map.
       The site is a lot within the Building.

       The site is included in the Visitor Mixed Use Zone within the Noosa Heads locality of the Noosa Plan 2017.
       An application of this nature within the Visitor Mixed Use Zone triggers Impact Assessment (Consistent
       Use).

       The proposed development of this site constitutes ‘development’ as defined by Schedule 2 of the
       Planning Act 2016. This report demonstrates that the proposed Material Change of Use of Premises for
       an Entertainment and Dining Business- Type 2 Recreation, amusement & fitness on the site is an
       appropriate use of the site and warrants approval.

       The premises is located within the existing shopping centre at 18 Hastings Street, Noosa Heads, also
       known as Bay Village on Hastings. The building is largely constructed from concrete and Besser block
       construction with a full glass shop front interfacing with the internal shopping mall and food court area.

       This planning 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 intent of
       the Noosa Plan 2017. These matters are set out in;

          •    Proposed development intent;

          •    Description of the characteristics of site and surrounds;

          •    Proposed development details;

          •    An assessment of the proposal against the State planning interests;

          •    An assessment of the proposal against the SEQ Regional Plan;

          •    An assessment of the proposal against the Noosa Plan 2017; and

          •    A conclusion that provides summary grounds which support the proposed development.

       This report should be read in conjunction with the accompanying covering letter, DA Forms and
       Appendices. The proposed development is consistent with the intent of the Noosa Plan 2017 for the
       subject land and therefore approval subject to reasonable and relevant conditions is sought.




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3. Application Information
Table 1: Application Information

 Address                           18/18 Hastings Street, Noosa Heads

 Real Property Description         Lot 18 on SP140844

 Land Area                         204.8m2

 Local Authority                   Noosa Council

 Current Use                       Retail Business Type 2 Shop & Salon

 Proposed Use                      Entertainment & Dining Business Type 2 Recreation, amusement & fitness

 Planning Scheme                   Noosa Plan 2017

 Locality                          Noosa Heads

 Zone                              Visitor Mixed Use Zone

 Precinct                          N/A

                                   • Noosa Heads Locality Code
                                   • Business Uses Code
 Relevant Codes and Overlays       • Advertising Devices Code
                                   • Driveways and Car Parking Code
                                   • Natural Hazards Overlay Code

 Applicant                         Taikong Australia Pty Ltd

 Level of Assessment               Impact Assessable

 Referrals                         Not applicable


Table 2: Project Team and Appendices

 Town Planning                     RG Strategic

 Site Plans                        Zest Building Design                      Appendix A




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4. Development Intent
       Taikong Australia Pty Ltd is seeking to establish a Type 2 Recreation, amusement & fitness use at 18/18
       Hastings Street, Noosa Heads QLD 4567. The application consists of a Material Change of Use (Impact
       Assessable) to facilitate the establishment of an amusement venue on the subject site:

       The proposed development site has been carefully selected to respond to the intent of the Noosa Heads
       Locality and the Visitor Mixed Use Zone. The operation and characteristics of the proposed development
       is a good fit for the active entertainment and visitor activities sought in the Hastings Street area.

       The proposed development is wholly contained within the existing shopping complex at Bay Village on
       Hastings. Aside from internal fit-out, very little physical change of the existing retail tenancy will be
       required to accommodate the use (Refer Figure 1: Indicative Interior View).

       Fun & Games are here to provide Family Entertainment in Noosa for local families and visitors. Our first
       step is to set up an amusement venue with virtual reality and arcade games which would keep families
       in Noosa for family nights instead of them having to travel to Mooloolaba or surrounding suburbs

       The venue will become a games centre, an activity space targeting the 6 – 14 year old’s to actively
       engage in interactive games and virtual reality, interactive games.

       Light, bright and airy space – the opposite of old fashioned arcade centres. Machines will be adjusted
       to low level or no sound as the premises will have own sound system. Fun and inclusive of ages 6 - 14 in
       terms to offer.




Figure 1: Indicative Interior View
Source: Applicant




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5. Characteristics of Site and Surrounds
5.1   Site Characteristics

       The land which is subject of this report (i.e. the site) is located at 18/18 Hastings Street, Noosa Heads
       QLD 4567 and is legally described as Lot 18 on SP140844 - shown on Figure 2: Site Location Map and
       Figure 3: Cadastral Map and Figure 4: Detailed Site Location Plan. The site forms part of the Bay Village
       on Hastings Building Unit Plan and is a Building Unit Plan Lot within that scheme. The Part of the lot
       proposed for development is within the existing shopping mall.




                               SITE




Figure 2: Site Location Map
Source: Noosa Council Interactive Mapping




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Figure 3: Cadastral Map
Source: QLD Globe




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Figure 4: Detailed Site Location Plan
Source: Queensland Globe




       The subject site is situated within the existing complex and fronts the food court area of the Bay Village
       on Hastings Shopping Centre. The complex supports a range of retail, food and entertainment premises
       which attracts visitors and locals alike.

       The site is generally irregular in shape and has an area of approximately 204.8m2 and backs onto the
       existing carpark associated with the shopping centre development. The location provides excellent
       exposure to those visitors seeking recreational and amusement opportunities and encourages them to
       stay longer in the area in between shopping, dining and other leisure activities.




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Figure 5: Internal Views of Mall
Source: Ray White Commercial

5.2 Site History

       The Bay Village on Hastings shopping centre was first established in the early 1980s and has long been
       one of the only shopping centres along the Hastings Street tourist strip. The centre has been home to
       many popular shopping and food outlets over many years.

       The subject site was originally used as a Newsagent for some 20 years or more and has been previously
       used for retail shop uses within the shopping complex. Most recently the shop has been home to a
       confectionery store. The store tenant is now vacating the site which makes way for an exciting new



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       opportunity.




Figure 6: Existing Shopfront
Source: Applicant

5.3 Existing Zoning & Surrounding Land Uses

       As illustrated in Figure 7: Council Zone Map, the site is within the Visitor Mixed Use Zone under the Noosa
       Plan 2017. The uses in the surrounding area of the subject site are predominantly retail, entertainment
       and dining premises. Uses adjacent to the Bay Village shopping complex are predominantly mixed use,
       visitor orientated activities including the Sofitel.




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                                  SIT




Figure 7: Council Zone Map
Source: Noosa Plan 2017




Figure 8: Surrounding Uses
Source: Google Maps 2019




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         Figure 7 is an extract from Google Maps which illustrates the range of some of the uses within the
         immediate area. Table 3: Immediate Surrounding Uses details the surrounding land uses immediately
         adjacent to the subject site.

Table 3: Immediate Surrounding Uses

 North                    Visitor Mixed Use Zone:        Retail shops

 South                    Visitor Mixed Use Zone:        Shopping Centre carpark

 East                     Visitor Mixed Use Zone:        Bookstore

 West                     Visitor Mixed Use Zone:        Cafe



5.4 Current Registered Landowner

         The Current Registered Landowner of the subject site is Kenneth Waldon Madden who is the landlord
         for the commercial tenancy, of which Taikong Australia Pty Ltd will be the commercial tenant should this
         application be approved. Owner details have been confirmed and demonstrated by the Title Search
         Certificate enclosed within this application.




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6. Proposed Development Details
6.1   Material Change of Use

       The proposal is seeking a Development Permit for Material Change of Use to establish an Entertainment
       and Dining Business – Type 2 Recreation, amusement & fitness on the subject site. The proposed use is
       an appropriate reuse of the existing building and is consistent with existing uses on the site and
       immediately adjoining. The plans provided within Appendix A illustrate the floor plan of the proposed
       development site containing a front of house floor space and back of house store room.

      Operations
       It is proposed that the front floor space will be fitted out to accommodate a variety of amusement and
       recreational devices, machines and consoles providing a range of amusement games and activities for
       ages 4 to adult with the primary target range being ages 6 - 14 years.

       The amusement arcade will be designed as a light, bright and airy space, contrary to the old style of
       amusement parlour which were often dark and closed. The machines and games will be adjusted to a
       low level, or no sound as the premises will be fitted with its own sound system.

       The premises will provide high visibility and security with all angles of the amusement arcade being
       monitored. The venue will be staffed at all times to ensure a safe play environment. Staff will be trained
       on all machines and devices to maintain a high level of competence in issue resolution and activity
       monitoring.

       The applicant intends to engage the local community through community event sponsorship,
       opportunities for party packages and partnership deals with other local businesses.

      Hours of Operation
       It is proposed that opening hours will be 9:00am to 9:00pm daily during the high season period with
       hours reducing to around 10:00am to 5:00pm in the low season pending demand. The venue will be
       staffed at all times to ensure responsible operation.

      Car Parking and Accessibility
       The premises directly adjoins the rear car parking area that services the Bay Village complex. The car
       parking provision for the subject site at 1/20m2 in the Visitor Mixed Use Zone equates to 10.2 car parking
       spaces which is less than the required car parking provision for the same space under Retail Business
       use (Refer Table 5: Car parking Comparison).

       The proposed use is complementary to other existing compatible uses within the shopping complex and
       the surrounding area. It is anticipated that customers patronising the venue would already be in the
       locality at Hastings Street either staying in visitor accommodation or a day visitor patronising other
       similar and complementary uses such as dining, shopping and health spa uses.

       The applicant maintains that the primary benefit of the selected location for the amusement venue is
       that it is within walking distance of visitor accommodation and compatible uses

       Market research undertaken by the applicant has determined that there are presently no similar
       amusement venues in the Hastings Street area. Competing uses presently require visitors and patrons
       to drive to the location for amusement activities. Noosa Tenpin and Laser Tag is well established, but
       aging and requires a 15 minute drive from Hastings Street to the venue. Arcade Box located in Noosaville



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       provides a small old-fashioned style amusement arcade and is a 12 minute car ride from Hastings Street.

       The advantage of providing an amusement venue in Hastings Street is such that visitors are encouraged
       to stay longer, potentially for additional nights, which brings more money to the area. The opportunity
       to take advantage of an amusement venue close to dining areas is attractive to families looking to
       provide an alternative activity for children and teens.

       A summary of the details of the proposed development are as outlined in the following table:

Table 4: Summary of Proposed Development

                                               • Amusement venue within existing shop tenancy
                                               • Various arcade games, machines, consoles and devices
                                               • Self-contained sound system and adjustable sound on
 Entertainment and Dining Business Use           devices
 Type 2 Recreation, amusement & fitness
                                               • Light bright and airy design
                                               • High level of monitoring and security
                                               • Staffed at all times

 Total Site Area                               204.8m2

                                               High Season:      9:00am to 9:00pm
 Opening hours
                                               Low Season:       10am to 5:00pm subject to demand

 Car parking                                   10 spaces serviced within existing shopping complex car park




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Figure 9: Indicative Amusement Activities
Source: Applicant




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7.    State Planning Interests
7.1   Planning Act

       The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development
       applications are assessed by local governments. In respect of the proposed development, an Impact
       Assessable development application is required to be made in accordance with s. 45(3) of the Act.

7.2 Referral Agencies and State Development Assessment Provisions

       The Planning Act 2016 and Planning Regulation 2017 provide the legislative framework within Queensland
       for authorities (Local and State Government) to assess development applications. Matters that require
       assessment may be delegated to the Department of State Development, Manufacturing, Infrastructure
       and Planning (DSDMIP). A review of the State Assessment Referral Agency’s (SARA) DA online mapping
       system has that no referral requirements are applicable for this application.

7.3 State Planning Policy

       The relevant sections of the State Planning Policy (July 2017) have been incorporated into the Noosa
       Plan 2017 or are not applicable. As such, no further assessment is required.

7.4 South East Queensland Regional Plan 2017

       The South East Queensland Regional Plan 2017 (SEQRP) guides land use and development in the region.
       The proposed development is an Urban Activity within located within the Urban Footprint. No further
       assessment is required.




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8. Noosa Plan Considerations
8.1   Proposal Definition

           The proposal is defined by the Noosa Plan 2017 (Planning Scheme) as;

              •   Primary Use: Business Uses

              •   Use Class: Entertainment and Dining Business

              •   Use: Type 2 Recreational, amusement & fitness

      Definition
           Entertainment and Dining Business – means the conduct of a business activity, where entertainment,
           amusement, recreation or meals are afforded. The term includes the following types:

           Type 2 Recreation, amusement & fitness - The use of premises involving recreation or amusement
           activities, including cinema, health & fitness club, gym, sport activity or brothel.

      Comment
           The development is proposed for an amusement venue for patrons 4+ years. The proposal is consistent
           with the above definition.

8.2 Level of Assessment

           Pursuant to Table 9.4 Categories of Development and Assessment for the Visitor Mixed Use Zone-
           Making a Material Change of Use, the proposed development is made Impact Assessable.

8.3 Strategic Framework

           The proposed development is consistent with the intent of the Strategic Framework set out in the Noosa
           Plan 2017. The Strategic Framework strategy with respect to specific uses identifies in Section 1.7.8a) and
           b) the following outcomes for Visitor Facilities which directly endorse the attraction of business functions
           that have a direct benefit to visitors where they are located within the principal focus areas:

      a)    Noosa Heads and Noosaville will remain the principal focus of visitor accommodation growth with
            some sites protected for the exclusive use of visitor accommodation.

      b)    The scheme includes Visitor Mixed Use Zones at Hastings Street, Noosa Heads; Gympie Terrace,
            Noosaville; Duke Street at Sunshine Beach; and Heron Street at Peregian Beach. This zone allows for
            medium density residential development to be mixed with business functions that have a direct benefit
            to visitors. This is generally in the form of shops, restaurants or galleries on the ground floor with
            accommodation units above. These centres also contribute significantly to retail and hospitality
            employment. The streetscape and built form in these areas is of particular importance as they directly
            affect the character of Noosa Shire and therefore the tourism industry.

8.4 Development and Overlay Codes

           The following Codes are identified as being relevant to the application:

              •   Noosa Heads Locality Code

              •   Business Uses Code

              •   Advertising Devices Code


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           •   Driveways and Car Parking Code

           •   Natural Hazards Overlay Code

     Comment
       The proposed development is a reuse of an existing building in a retail and entertainment business
       complex. The proposed development is generally in accordance with each of the above codes. Where
       specific outcomes are not met, a detailed assessment of impacts has been provided below, including
       sufficient planning grounds to justify the conflicts with the specific outcomes.

       Whilst it is acknowledged that the Natural Hazards overlays affect the subject site, it is important to
       note that the ability of the proposed development to be established over the subject site is not
       significantly impacted by the presence of the overlays identified across the site.

     Noosa Heads Locality Code
       The subject land is located in the Visitor Mixed Use Zone within the Noosa Heads Locality of the Noosa
       Plan 2017. The purpose and overall outcomes of this zone relevant to this application include:

       “…m) Hastings Street accommodates a high proportion of entertainment and dining premises providing
       interest for visitors;

       …dd) Hastings Street’s character of low rise buildings, vibrant pedestrian friendly streetscape, mix of
       indoor and outdoor activities, diverse dining opportunities, specialty Retail businesses and pedestrian
       links to Main Beach is maintained;

       …ee) Hastings Street and Noosa Junction contain a range of entertainment and dining businesses and
       venues that operate into the evenings and include live music which creates a vibrant atmosphere

       …qq) For the Visitor Mixed Use Zone—development—

       …i. comprises small business outlets with individual character

       …iii. respects the scale and character of the streetscape and surrounding development;

       …v. incorporates Entertainment and dining businesses, Retail businesses and Commercial businesses
       that are of particular interest to visitors; and

       …vi. contributes to the economy of Noosa through the tourism and hospitality sectors; and integrates
       with nearby public recreation and landscaped car parking areas.”

       The proposed development, is compatible with the existing nature and character of Hastings Street and
       provides an entertainment use for children aged 6 - 14 years as a complementary activity within the
       existing shopping complex on Hastings Street of a type that is not currently present in the area.




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     Business Uses Code
         The overall outcomes for the Business Uses Code seek to achieve the following,

    a)    Existing and future populations have access to an adequate level of goods and services; and

    b)    Business Uses meet the needs and expectations of the Noosa community in terms of providing—

            i. human scale in the building design;
            ii. development that integrates with natural landforms and landscape features;
            iii. development that is compatible with the existing character and amenity of the streetscape
                  and surrounding area;
            iv. visual and physical connectivity between indoor and outdoor spaces;
            v. high levels of visual and acoustic amenity;
            vi. a low key, informal atmosphere;
            vii. safety and security for property owners, employees and patrons;
            viii. logical traffic arrangements without congestion or lengthy delays; and ix for the protection of
                  environment and heritage values.
    c)    Business Uses contribute positively to the Shire’s economy and employment;

    d)    Business Uses are located where there is an appropriate level of infrastructure and a wide range of
          functions to support those uses;

    e)    Business uses in an urban zone, have appropriate connection to reticulated sewerage, water supply,
          stormwater drainage, electricity, and telecommunications services;

    f)    Business development has high levels of accessibility and functionality;

    g)    Business development recognises and protects Noosa’s natural resources and environmental values
          and seeks to provide sustainable economic and employment growth across a range of industry
          sectors;

    h)    Business development is consistent with the hierarchy of centres across Noosa; and

    i)    Business Uses are energy and water efficient.

         Assessment of the proposed development against the Overall outcomes and Purpose of the Business
         Uses Code demonstrates compliance with the intent of this code.

         The business will contribute positively to the Shire’s economy and employment by allowing visitors,
         particularly young families, and the desire to stay longer in the area. There will also be potential to
         employ local people to assist in the day to day operation of the venue in periods of high demand.

         The site for the proposed development has been carefully selected and will be designed to operate
         such that it is sympathetic to the surrounding natural character of the area. Standard water, sewer,
         electricity and telecommunications services are in place to service the proposed development.

         The proposed development is a consistent use in an active, visitor mixed use area and is complementary
         to other existing businesses. The amusement venue will encourage patrons of other businesses within
         the area to stay longer as it provides a recreational opportunity for families to enjoy an alternative
         activity to what is currently provided as part of their stay in Noosa Heads.

         The interior of the venue will be light, bright and airy and designed to have a high level of surveillance
         and monitoring for the children and adults alike, who are engaged in the activities available. Trained
         staff on the floor will monitor device and machine use, and allow casual surveillance over behaviour and
         safety.


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         The amusement venue is proposed in an existing active shopping centre and is complementary to
         adjacent shops. Being an existing complex, there is adequate infrastructure already in place to cater
         for the proposed development.

         The proposal has been assessed against the Specific Outcomes of the Business Uses Code. The
         proposal is a reuse of an existing tenancy in an existing building which has been established on the site
         for over 30 years. The whole of the Bay Village complex has the services and facilities available to the
         tenancy in accordance with the requirements for all Businesses. The inclusion of the proposed
         development on the site does not trigger any further services or facility requirement or create any
         additional demands on the areas currently available.

         The assessment of the development against the Specific Outcomes demonstrates that the proposed
         development complies with the intent of the code and warrants approval. Hastings Street is identified
         on the Planning Scheme Strategy Map (Map SM) as a Visitor Centre. As an Entertainment and Dining
         Business Use Type 2 Recreation, amusement & fitness, in a Visitor Centre the proposed development is
         a complementary use to the retail uses that would normally be expected within a town or village centre
         and would normally be expected in a precinct where entertainment and recreational opportunities are
         available within a mixed use area.

         The proposed use is within an existing building which has been established for over 30 years. The
         proposed development will occupy an existing tenancy within the existing building. No changes are
         proposed to waste storage areas and no additional footprint is created by the proposal which increases
         the demand or use of waste storage areas. The proposed development will not create waste of a type
         that is likely to cause nuisance to adjoining properties.

         Sound levels on individual machines and devices have little to no impact on surrounding uses as these
         will be kept low and the venue will have its own self-contained sound system to minimise impact on the
         surrounding environment. Hours of operation are also proposed to be confined to 9:00am to 9:00pm.

     Advertising Devices Codes
         Signage proposed in respect of the development is all contained within the existing shopping complex.
         As such, the proposed development is consistent with the Overall Outcomes of the Advertising Devices
         Code. Should there be a need to advertise externally on the building, this will be controlled within existing
         signage face areas on the Bay Village Shopping Complex site. Any further signage requirement would
         be subject to separate application.

         Driveways and Car Parking Code

         The Noosa Plan states the overall outcomes sought for the Driveways and Car Parking Code are the
         following:

    a)    To ensure safe and reasonable access from the public road edge to and from vehicle accommodation
          and standing areas within the property;

    b)    The safety of pedestrians and cyclists is protected;

    c)    Car parking spaces and the associated manoeuvring areas provided are designed to be safe and
          functional and meet the reasonable requirements of the particular land use;

    d)    Adequate provision is made for the standing, parking, loading and unloading, access and
          manoeuvring of service vehicles within the development site;


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    e)      Development does not adversely impact on existing public parking; and

    f)      Vehicular access does not impact adversely upon existing landscaping or native vegetation.

         The proposed development is re-use of an existing floor space within an existing shopping complex. An
         existing carpark complying with the required parking for the Visitor Mixed Use Zone is located at the rear
         of the premises for use by the entire shopping complex. As such, the change of use from Retail Business
         Type 1 Shop or Salon to Entertainment and Dining Business Type 2 Recreation, amusement & fitness is
         the catalyst to consider any variation required to existing car parking.

         Table 5: Car parking Comparison compares the car parking requirement for the existing use versus the
         proposed use. The table demonstrates that the required car parking for the proposed development is
         less than for the existing use. Furthermore, there is no need for any changes to existing driveway access
         or parking configuration.

         It is held that the proposed development complies with the code requirement for car parking and
         satisfies car parking requirements identified by the planning scheme.

Table 5: Car parking Comparison

 Use                                                                                         Car parking
                 Code Requirement                    Planning Scheme Criteria
                                                                                             Requirement
                                                     1 space per 20m2, or part thereof,
                                                     of use area for areas up to 100m2
                                                     (excluding outdoor dining area);
                                                     AND
                                                     1 space per 15m2 or part thereof of
                                                                                             204.8 m2 Use Area = 12
 Existing        Retail Business Type 1 Shop or      use area for areas in excess of
                                                                                             car parking spaces
                 Salon                               100m2 (excluding outdoor dining
                                                                                             required
                                                     area);
                                                     AND
                                                     1 space per 10m2 or part thereof of
                                                     any outdoor dining area on the
                                                     property.
                                                     1 space per 20m2, or part thereof,
                                                     of use area;
                 Entertainment and Dining                                                    204.8 m2 Use Area =
 Proposed                                            OR
                 Business Type 2 Recreation,                                                 10.2 car parking spaces
                 amusement & fitness                 1 space per 3 persons capable of        required
                                                     being entertained at any one time
                                                     whichever is the greater.

       Natural Hazards Code
         The entire site is mapped as High Potential Acid Sulphate Area 0-5m AHD) as evidenced in Figure 10:
         Acid Sulfate Soils Overlay Map Extract below. The proposed development is reuse of part of an existing
         building and will not result in the disturbance of soil

         This report demonstrates that the Natural Hazards Code is not relevant to the proposed development
         in this instance.




RG Strategic           Town Planning Report –MCU to Business Uses – Entertainment & Dining Business Type 2            20

Page 24

                                     SIT




Figure 10: Acid Sulfate Soils Overlay Map Extract
Source: Noosa Plan 2017




RG Strategic        Town Planning Report –MCU to Business Uses – Entertainment & Dining Business Type 2   21

Page 25

9. Conclusions
       This report has been prepared by RG Strategic to accompany a Development Application made by
       Taikong Australia Pty Ltd (the applicant). The application seeks a Development Permit for a Material
       Change of Use for Type 2 Recreation, amusement & fitness at 18/18 Hastings Street, Noosa Heads and
       is formally described as Part of Lot 18 on SP140844.

       The site is within an existing Strata Titled shopping centre known as Bay Village on Hastings which
       established on the site over 30 years ago.

       This report demonstrates that the proposed development is permitted pursuant to the provisions of the
       Planning Act 2016 and the Noosa Plan 2017, and the proposed development can be supported on a
       number of grounds, including:

          •    The proposal complies with the State Development Assessment Provisions and State Planning
               Policy, where applicable.

          •    The proposal is consistent with the overall outcomes of the Noosa Heads Locality.

          •    The proposal is consistent with the Visitor Mixed Use Zone.

          •    The proposal complies with the Business Uses Code.

          •    The proposal supports the achievement of the vision for Noosa Shire.

          •    The proposal will not result in detrimental impacts to the surrounding area and will provide
               positive economic benefits to the area and recreational and amusement opportunities that are
               currently not present in the Hastings Street Area.

          •    The proposed development is a reuse of part of an existing building which accommodates
               complementary retail, dining and entertainment uses.

          •    The subject site is of a sufficient size and location to accommodate the proposed development;

          •    The site is well located to existing pedestrian, cycle and public transport routes;

          •    Existing urban infrastructure currently services the site;

          •    Sufficient car parking is provided; and

          •    No new buildings or alterations to the external built form are proposed on-site.

       For the reasons above, it is recommended that Noosa Council approve the application subject to
       reasonable and relevant conditions.




RG Strategic         Town Planning Report –MCU to Business Uses – Entertainment & Dining Business Type 2   22

Page 26

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