Information Request MCU22 0101 · MCU22/0101

Officer: 	Patrick Murphy and Nadine Gorton
Direct Telephone: 	61753296436
Our Reference:	MCU22/0101
Your Reference:	002446
30 June 2022
Retail Vending Australia Pty Ltd
C/- RG Strategic
PO Box 1818
NOOSA HEADS  QLD  4567
[email protected]
Dear Sir/Madam
Information Request
Planning Act 2016
I refer to your application and advise that Council requires further information to satisfactorily assess the proposal.
application details
Application No.	MCU22/0101
Street Address:	115 Poinciana Ave Tewantin Qld 4565
Real Property Description:	Lot 3 RP 71997
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
INFORMATION REQUIRED
The information requested is set out below:
Issue – Land Use
The Noosa Plan Defines a Food and Drink Outlet as:
Food and drink outlet means the use of premises for—
preparing and selling food and drink for consumption on or off the premises; or
providing liquor for consumption on the premises, if the use is ancillary to the use in paragraph (a).
The proposal plans detail a substantial internal bar areas with limited seating provided on site. Concerns are raised as to the proposed use of the premises and that it may be better defined as a Bar under the Noosa Plan.
Bar means the use of premises, with seating for 60 or less people, for—
selling liquor for consumption on the premises; or
an entertainment activity, or preparing and selling food and drink for consumption on the premises, if the use is ancillary to the use in paragraph (a).

The use of the premises for a Bar will impact on carparking calculations as the Driveways and Parking Code has a different calculation for a Bar when compared to Food and Drink Outlet as kitchen and storage areas are not excluded from calculations.
It is noted that table 4 of the planning report accompanying the application details the following hours of operation.

The proposed hours are considered to be more consistent with a bar operation rather than a food and drink outlet.
Information Required
Provide further information demonstrating that the proposal is a Food and Drink Outlet and not a bar as defined by the planning scheme. Supporting information to include  amended floor plans detailing seating areas and food preparation areas, how the external kitchen will service the internal use area during wet weather and information such as menus.
If the use is a bar provide an amended proposal (application form) and amended calculation of car parking for the site.
Provide further plans detailing the extent of the height and area of the storage area and how this storage area will be viewed from the rear. Carparking may need to be further reviewed with regard to this area.

Issue - Noise
Concerns are raised as to the noise impacts associated with the use of the external deck on the residential properties in Doonella Street and the surrounding area. It is noted that land at 30 and 32 Doonella Street has been approved for residential uses under MCU21/0013 and proposed use of the deck could impact on the residential amenity of the area.
It is also noted that the proposed does not comply with AO11.2 of the Business Activities Code which states:
AO11.2
Where the site is not specified above in AO11.1 the use does not operate outside the hours of 6:00am to 10:00pm, seven days a week, except that a business use such as a food and drink outlet, may operate until 12:00 midnight on a Friday and Saturday.
Information Required
Provide an Acoustic report that demonstrates the use will not negatively impact on the surrounding residential area.

Issue - Bins
The Bin Bay is located at the rear of the site accessed via a stairway. Operational aspects as to how are bins taken downstairs are raised.
Information Required
Clarify how the bin area is to be utilised with reference to the stairway.

Issue – Landscape Open Space
AO25 of The Business Activities Code details that no less than 10% of the site is to be landscaped. The proposal appears to provide less than the required amount on site.
Information Required
Provide justification for the reduced area of landscaping and demonstrate that the proposed landscaping enhances the area.
Demonstrate that the soft landscaping on the ground floor will not be removed as a result of access to the underfloor storage area.

Advice
An Environmental Health officer has reviewed the layout and for your information has made the following comments/suggestions:
The open style kitchen design is exposing the food preparation areas and food to potential contamination. It is recommended that the design accommodate the protection of food preparation areas and foods from contamination (e.g. from heavy rain, dust, etc).

It is unclear due to the small kitchen size, and lack of detail as to whether there is adequate space for wash up sink (double), food preparation sink, and mop sink.
due date for response to information request
The due date for providing the requested information is 5th July 2022. Email your response to [email protected]. Please advise Council of your response to this information request in accordance with section 13 of the Development Assessment Rules.
If you do not provide a response before the due date, it will be taken as if you have decided not to respond to the information request and Council will continue with the assessment of your application.
other details
You can follow the progress of this application online at www.noosa.qld.gov.au. The “Online Services” page can be accessed via "Quick Links" on the left hand side of the screen.
Should you have any further queries in relation to the above, please do not hesitate to contact me on the number above.
Yours faithfully,

Nadine Gorton
Development Planner

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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Table 4: Proposed House of Operation

 

 

 

 

 

 

Sunday 10:00am to 10pm.
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