2018-06-12 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                           12 JUNE 2018


The applicant has provided results of a survey conducted over 32 days from 19 January 2018 -
13 February 2018 which identifies that the beach is the primary purpose for visitation to the area
with the utilisation of the subject business a secondary purpose. The following are survey results
provided by the applicant—
    84% of all patrons stated that their primary purpose in visiting the Sunrise Beach locality
      was to undertake activities at the beach (swimming, surfing, kite surfing walking/running,
      etc.). Whilst their secondary purpose was to dine-in or use the take away provisions of the
      existing café (Chalet & Co); and
    78% of all patrons stated that they would still visit the Sunrise Beach locality to use
      Council’s amenities even if the café did not exist.
The food and beverage use is a reasonable reuse of an existing commercial tenancy catering to
the surrounding local residents and visitors to the beach side location.
The subject business operates from 6am to 3pm daily, catering for the breakfast and lunch time
trade. There is the potential for noise impacts being in close proximity to residential uses. The
subject business has been operating for many years with only one complaint. The complainant
has subsequently moved on, and given that no submissions were received as part of the public
consultation process, it is considered the subject business is operating harmoniously with the
surrounding residential uses. It is pertinent to note that some kind of commercial activity
(restaurant and a larger general store) previously operated at the site, dating back prior to 1998.
Land Use & Works Provisions
The application is considered to comply with the applicable land use and works codes with car
parking discussed below.
The planning scheme requires 1 car space per 10m² of use area for the subject entertainment
and dining use. Use area is the floor area which excludes kitchen and food storage areas. The
subject business has a use area of 36m² including the outdoor dining area, triggering 4 car
spaces (rounded up from 3.6 spaces).
No carparking was directly attributed to the 56m² general store in the original approval. It was
determined at the time that customers would either walk or use the nearby on street parking. In
addition to the required spaces for the whole development (including visitor spaces) there is one
surplus space in the basement of the complex.
For the purpose of calculating car spaces required for a development where no car parking
exists, it is reasonable to compare the car parking rates for the approved use with the proposed
use. Table 1 below provides this comparison.
Table 1 – Car parking summary
Use                                  Car parking rate required
Entertainment and dining business    1 space per 10m² of use area       4 required for the use
Use area = 36m²
Existing general store               1 space per 20m² of gross floor    3 spaces credit
Floor area = 56m²                    area

                                                                        3 credit + 1 surplus = 4 
The unit complex has 1 surplus car space in the basement which may be utilised for a staff member. It is
pertinent to note the subject business has been operating for a substantial amount of time without any
known car parking issues, with patrons currently utilising the on street car parking spaces available or
walking to the site.




                                                                                           Page 37 of 97