2017-04-11 Planning & Environment Committee Agenda

PLANNING & ENVIRONMENT COMMITTEE MEETING AGENDA                                     11 APRIL 2017




                        Figure 6: Aerial photograph 17 February 2017 (NearMap)

It is estimated that at least 20 square metres of additional decking has been developed and the
building extended towards the front of the site since approval TPC 158 was issued. There is no
record within Council’s electronic records management systems of any approval for these works.
The building as indicated by TPC 158, has been previously used in association with boat hire and
as a pick-up and drop off point for the Noosa River Ferry. It is also possible that there has been
the incidental sale of drinks, ice cream, fishing tackle and the like, although Council holds no
records of this.
In August 2014 Council officers provided written advice regarding the selling of coffee and pre-
packaged food from the premises, the advice included the following:
     Council considers the selling of coffee and limited food products from the T Boats lease area
     to be ancillary to the main use of the premises for boat hire, as long as it remains small scale
     and is operated in a “take away” style. There is to be no expansion of the lease area to
     accommodate the use or provision of seating on Council land; the coffee sale needs to be
     internal to the existing boat hire office/shop.
Whilst the application is for an Operational Works approval, assessment has identified that the
works for which approval is sought, facilitate an intensification of the retail sales that may have
been previously occurring on the land. This intensification of the use goes beyond that which may
be allowed under existing use rights. The use is best described as a café. Due to the amount of
patrons able to be accommodated on site the café is a separate land use requiring a Development
Permit for a Material Change of Use for Entertainment and Dining Business – Type 1 Food and
Beverages.
An inspection of the site confirmed that the seating capacity of the two deck areas is in excess of
10 persons. Other observations include that persons not using the ferry or boat hire facilities are
also attending the premises to purchase coffee and take way items, and that the increased deck
areas have facilitated the provision of seating for the café.




                                                                                    Page 50 of 106