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Planning Report- Butchers of Noosa

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Town Planning Report
Application for a Development Permit –
Material Change of Use to Expand Current
Shop Use (Butchers)

Shop 7/ 2 Grasstree Ct, Sunrise Beach QLD 4567
Lot 8 on RP901384




Luke and Kayla Marshall
Butchers of Noosa
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Page 2

Conte nts
Important Note............................................................................................................................................................. 1
1.        Summary ............................................................................................................................................................ 2
2.        Application Information ................................................................................................................................. 3
3.        Development Intent........................................................................................................................................ 4
4.        Characteristics of Site and Surrounds ....................................................................................................... 9
5.        Proposed Development Details .................................................................................................................. 11
6.        State Planning Interests ............................................................................................................................... 13
7.        Noosa Council Planning Scheme Considerations ................................................................................. 14
8.        Conclusion ........................................................................................................................................................ 16


List o f Fig ure s

Figure 1 Subject Site                                                                                                                                                        4
Figure 2 Site Plan                                                                                                                                                           5
Figure 3 Proposed Floor Plan                                                                                                                                                 6
Figure 4 Proposed Additional Floor Area Source: Colliers                                                                                                                     6
Figure 5 Exterior Visual Concept                                                                                                                                              7
Figure 6 Exterior Visual Concept                                                                                                                                             8
Figure 7 Site Location Map                                                                                                                                                   9
Figure 8 Zone Map                                                                                                                                                           10
Figure 9 Car parking                                                                                                                                                        12




List o f Ta b le s
Table 1: Application Information                                                                                                                                             3
Table 2: Summary of Proposed Development                                                                                                                                     11
Table 3: Proposed House of Operation                                                                                                                                        12




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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 Luke and Kayla Marshall (“Client”) for the specific purpose of
demonstrating the proposed use as being permitted under the Noosa Plan 2020 (“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

RG Strategic has prepared this development application on behalf of Luke and Kayla Marshall
trading as Butchers of Noosa (the Applicant). The subject site is located at Shop 7/ 2 Grasstree
Court, Sunrise Beach and is formally described as Lot 8 on RP901384.

The purpose of this report is to seek approval for a Development Permit for a Material Change to
expand the current shop use (Butchers). The proposed extension will include the existing Shop 7 and
adjoining common area within Sunrise Shops.

The site is included in the Neighbourhood Centre Zone within the Coastal Communities Local Plan
of the Noosa Plan 2020. An application of this nature within the Neighbourhood Centre Zone triggers
Code Assessment (consistent use).

The proposal constitutes ‘development’ as defined by Schedule 2 of the Planning Act 2016. This
report demonstrates that the proposed Material Change of Use is defined by the Noosa Plan 2020
as consistent and permitted.

This planning report provides details 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 2020. 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 Noosa Plan 2020; 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 Form and
Appendix A. The proposed Shop use is consistent with the intent of the Noosa Plan 2020 for the
subject land and warrants approval subject to reasonable and relevant conditions.




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2. Application Information

Table 1: Application Information

 Address                   Shop 7/ 2 Grasstree Ct, Sunrise Beach QLD 4567
 Real Property
                           Lot 8 on RP901384
 Description
 Local Authority           Noosa Council

 Current Use               Vacant Shop

 Planning Scheme           Noosa Plan 2020 (24 May 2023)
 Local Plan                Coastal Communities
 Zone                      Neighbourhood Centre Zone

                           Coastal Communities Local Plan Code;

 Relevant Codes and        Neighbourhood Centre Zone Code;
 Overlays                  Business Activities Code; and
                           Works Codes (Driveways and Parking Code).

 Applicant                 Luke and Kayla Marshall (Butchers of Noosa)
 Level of Assessment       Code Assessment

 Referrals                 N/A




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3. Development Intent

Butchers of Noosa will present as a high-end, gourmet butcher shop providing locals and visitors
with fresh, quality, free range protein and a range of complimentary items. Our client is seeking
approval to expand the current shop use (butchers) to sufficiently operate within this location.

The subject site is located 2 Grasstree Court, Sunrise Beach and is formally described as Lot 8 on
RP901384. Refer to Figure 1 Subject Site and Figure 2 Site Plan below.




Figure 1 Subject Site
Source: NearMaps




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Figure 2 Site Plan
Source: Lehmann Design

Design Drawings of the proposed use has been prepared by Lehmann Design and is enclosed within
Appendix A.

The Proposed Floor Plan, shown in Figure 3, identifies the use of the common property as a cold
room and freezer. Figure 4 highlights the proposed additional floor area from a frontal view. This
allows for an adequate and spacious prep area and retail area.




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Figure 3 Proposed Floor Plan
Source: Lehmann Design




                                                                        Proposed
                                                                      Additional Floor
                                                                      Area (30.59m2)



Figure 4 Proposed Additional Floor Area
Source: Colliers

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The butcher will comprise of a simplistic yet eye catching and welcoming shop front, illustrated in
Figure 4 and 5. A central cabinet filled with the freshest of free-range meats and display fridges to
the side stocked with prepacked delicacies will showcase an impressively displayed range of meat.

Shelving and cabinetry will offer impeccable displays of carefully researched artisan products.
Butchers of Noosa will look to be able to utilise and actively promote where available locally sourced
and produced products, not only meat but the additional complimentary value adds, i.e., sauces,
salts, dried products, and small goods.




Figure 5 Exterior Visual Concept
Source: Lehmann Design




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Figure 6 Exterior Visual Concept
Source: Lehmann Design

The application for a Material Change of Use to extend the current shop use (code assessable)
comprises of a reconfiguration of the internal layout of the existing shop with adjoining common
property to accommodate:

       • Larger cold and freezer;

       • Spacious retail area; and

       • Sufficient prep area.




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4 . Characteristics of Site and Surrounds

4.1 Site Characteristics

The land which is subject of this report (i.e., the site) is located at Shop 7, 2 Grasstree Court, Sunrise
Beach and described as Lot 8 on RP901384 as shown on Figure 7. The site is located within the
Sunrise Shops complex with access via Ben Lexcen Drive.




                              Sunshine Beach
                                High School               Sunrise Shops
                                                          (Subject Site)




       Sunrise beach
       Uniting Church
                                    Grasstree Court




                               Retirement Village




Figure 7 Site Location Map
Source: NearMap
The complex contains a range of services that assist the surrounding residential dwellings, church,
school, and the retirement village in course of construction.

The site has access to all infrastructures that commonly service urban development and including
Council water supply, reticulated sewerage, underground telecommunication services, overhead
electricity supply, street lighting, stormwater drainage, bitumen roadway, and kerb and channelling
along the road frontage of the site.




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4.2 Surrounding Land Uses

As shown on Figure 9, the surrounding area of the subject site predominately encompasses
community facilities and low and medium density residential.




Figure 8 Zone Map
Source: Noosa Council Online Mapping


4.3 Site History

Investigations with Councils Planning coordinator has revealed the existing Sunrise Shops formed
part of a Plan of development when constructed in the early 1990's. Council officers have not been
able to provide any further details at the time of writing the report.




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5. Proposed Development Details

5.1 Material Change of Use

This application is seeking a Development Permit for a Material Change of Use to expand the
existing butchers shop located within the Sunshine Shops complex. The proposed development
aligns with the provisions set forth in the Noosa Plan 2020 and aims to expand the current shop use
while making minimal alterations to the internal layout and shop front. The proposed extension
represents a suitable and consistent reuse of the existing butcher’s tenancy.

The subject site housed an established butcher’s shop that operated on-site for the past 30 years.
Despite its longstanding presence, the proposed extension triggers the requirement for an
application, as per Table 5.5.8 Neighbourhood Centre in Part 5 Tables of Assessment within the
Noosa Plan 2020.

The primary objective of the proposed development is to extend the existing shop by a minor
amount to square up the front of the tenancy and to include a cold room and freezer. The proposed
development is intended to be established in accordance with the Proposed Floor Plan, which
ensures a seamless integration with the existing structure and maintains visual harmony with the
surrounding area.

A summary of the proposed development details are outlined in Table 2.

Table 2: Summary of Proposed Development

 Current use                      Shop (Butchers)

 Proposed Use                     Butchers

 Total GFA of Existing Shop       69.96m2

 Proposed additional GFA          30.59m2
 Car spaces required              Current use- 3.50 spaces
 - one space per 20m2             Proposed use- 5.03 spaces




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5.2 Hours of Operation

The proposed hours of operation are listed in Table 3.

Table 3: Proposed House of Operation

 Sunday             Closed

 Monday             7:00AM to 5:00PM

 Tuesday            7:00AM to 5:00PM

 Wednesday          7:00AM to 5:00PM

 Thursday           7:00AM to 5:00PM

 Friday             7:00AM to 5:00PM

 Saturday           7:00AM to 1:00PM

The above hours of operation are in accordance with the permitted hours allowed for businesses
within the Business Activities Code (AO11.1).

5.3 Carparking

The proposed use necessitates an additional 2 car spaces, as indicated in Table 2. The subject site
has a surplus of car spaces off and on-street. In the event that council requires additional car
parking, there is sufficient space available at the back of the site, illustrated below.

Furthermore, given the nature of the business and the location of the site, customer turnover will be
high, resulting in reduced parking requirements.




Figure 9 Car parking
Source: NearMap




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6. State Planning Interests

The following is an assessment of how the proposed development addresses the relevant statutory
planning documents.



6.1 Planning Act

The Planning Act 2016 (‘the Act’) is the relevant statutory instrument under which development
applications are assessed. The development application is made in accordance with s.51 of the Act.



6.2 State Planning Policy

The State Planning Policy (SPP) provides the legislative guidance with regard to the Queensland
Government’s policies and matters of state interest for land use for the purposes of planning
development. The SPP applies to development assessment should the local planning instrument
(planning scheme) not appropriately integrate the SPP. Where there is any inconsistency with the
planning scheme the SPP prevails.

Part 2 of the Noosa Plan 2020 states that the “Planning Minister is satisfied that the State Planning
Policy (SPP) dated July 2017 is appropriately integrated in the Noosa Council's planning scheme”.
Therefore, assessment against the SPP is not required.



6.3 Southeast Queensland Regional Plan 2017

The Southeast Queensland Regional Plan 2017 (SEQRP) guides land use and development in the
region. The subject site is located within the Urban Footprint in an existing business complex. The
outcomes contained within the Regional Plan are generally reflected in the Noosa Plan 2020.



6.4 Referral Agencies and State Development Assessment Provisions

Referral matters for this proposal have been assessed against the provisions of Schedule 10 of the
Planning Regulation 2017. A review of the State Assessment Referral Agency’s (SARA) Development
Assessment Mapping System (DAMS) has confirmed there are no matters of State interest.




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7.   Noosa Council Planning Scheme Considerations

The proposed Material Change of Use is subject to code assessment. The following is a review of
the proposed development under the Noosa Plan 2020.

7.1 Use Definition

The Noosa Plan 2020 defines a Shop as:

         Shop means the use of premises for—
         displaying, selling or hiring goods; or providing personal services or betting to the public.
         Examples include - Hairdresser, liquor store, department store, discount department store,
         discount variety stores, betting agencies, supermarket, corner store
7.2 Zoning and Locality

The Noosa Plan 2020 identifies the site within the Neighbourhood Centre Zone in the Coastal
Communities Local Plan area.

7.3 Level of Assessment

Within the Noosa Plan 2020, Table 5.5.8 Categories of Development and Assessment –
Neighbourhood Centre Zone prescribes that the proposed expansion of the current Shop use is
subject to Code Assessment.

7.4 Applicable Development Codes

The following Development Codes are relevant to the proposed development:

       • Coastal Communities Local Plan Code;

       • Neighbourhood Centre Zone Code,

       • Business Activities Code, and

       • Works Codes (Driveways and Parking Code).

Where probable solutions are not met, an alternative solution demonstrating compliance with the
specific outcome is provided below, including sufficient planning grounds to justify the conflicts with
the probable solutions.

Coastal Communities Local Plan Code
The proposed butchers (Shop ) has been assessed against, and is consistent with, the Purpose and
Overall Outcomes, and the relevant Performance and Acceptable Outcomes prescribed within the
Coastal Communities Local Plan Code.

The proposed Shop is a business activity which services the needs of residents and visitors in a form
and scale that does not detract from the role and function of the complex. The Shop use represents
a less intensive use in the midst of surrounding community facilities and provides a transition to
adjoining residential areas.

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Neighbourhood Centre Zone Code
The proposed butchers (Shop ) has been assessed against, and is consistent with, the Purpose and
Overall Outcomes, and the relevant Performance and Acceptable Outcomes prescribed within the
Neighbourhood Centre Zone Code.

The proposed Shop is of a type, scale and intensity that is consistent with the intended role and
function of a neighbourhood centre. The proposed use is located in an existing building and as such
it is highly unlikely the operation will have any unreasonable impacts on the amenity of the adjoining
premises. The proposed hours of operation are consistent with the hours sought for business uses
(AO11.1).

Business Activities Code
The proposed butchers (Shop ) has been assessed against, and is consistent with, the Purpose and
Overall Outcomes, and the relevant Performance and Acceptable Outcomes prescribed within the
Business Activities Code.

The proposed butchers is of a scale and type which is suitable for its location within Sunshine shops
complex and provides a transition to adjoining residential areas. Shop 7 is an appropriate site for
the proposed butchers, has sufficient car parking and is serviced by all relevant infrastructures.

Works Codes (Driveways and Parking Code)
These codes largely relate to the provision of services and infrastructure associated with the
proposed development of the subject land. The subject site currently has access to an appropriate
level of infrastructure for its existing business use.

The butchers (Shop ) has been assessed against, and is generally consistent with, the Purpose and
Overall Outcomes, and the relevant Performance and Acceptable Outcomes prescribed within the
Driveways and Parking Code.

As mentioned above, the driveways and parking code requires the proposed use to provide an
additional 2 car spaces. However, the site possesses an excess of parking spaces both on and off-
street. Furthermore, given the nature of the business, customer turnover will be high, resulting in
reduced parking requirements.

7.5 Applicable Overlay Codes

There is no overlays of relevance applicable to the proposed development.




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Page 18

8. Conclusion

This report has been prepared by RG Strategic to accompany a Development Application made by
Luke and Kayla Marshall trading as Butchers of Noosa (the applicant). The application seeks a
Development Permit for a Material Change of Use for a Shop (Butchers) at Shop 7, 2 Grasstree Court,
Sunrise Beach, formally described as Lot 8 on RP901384.

The proposed butchers (Butchers of Noosa) has been assessed against the requirements of the
Local and State Statutory Planning Requirements.

This report demonstrates that the proposed development complies with the provisions of the
Planning Act 2016 and the Noosa Plan 2020, and the proposed development can be supported on
a number of grounds, including:

       • The development application has been made in accordance with the requirements of both
          the Planning Act 2016 and the Development Assessment Rules 2017;

       • As the development application clearly demonstrates the compliance with both the
          Performance and Acceptable Outcomes of the Codes applicable for a Shop use within the
          Neighbourhood Centre Zone;

       • The Shop is proposed to be located in an existing butchers site;

       • The development is consistent with the overall outcomes for the Coastal Communities
          Local Plan and does not impact on the hierarchy of centres;

       • Sufficient carparking is available on site to support the proposed use.


On the basis of the above assessment, it is recommended that Noosa Council approve the
proposed Material Change of Use, subject to reasonable and relevant conditions. We look forward
to Council processing the application at its earliest convenience.

Should you require any additional information or have any queries please to not hesitate to contact
us.




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