Council Report MCU22 0115

mcu22/0115 application for material change of use for a bar at 1-3/9 rene street noosaville
Author	Acting Coordinator Planning, Nadine Gorton
Environment and Sustainable Development Department

Index	ECM/ Application/MCU22/0115

Attachments	1.	Proposal Plans

APPLICATION DETAILS
Applicant	Weir Distilling Company Pty Ltd
Proposal	Material Change of Use - Bar
Properly Made Date	30 June 2022
Information Request Date	27 July 2022
Information Response Date	8 September 2022
Decision Due Date	6 December 2022
Number of Submissions	1 properly made and 1 not properly made
PROPERTY DETAILS
Property Address	1-3/9 Rene St Noosaville Qld
RP Description	Lots 0 - 3 on BUP 5337
Land Area	Lot 1 - 94m² Lots 2 and 3 - 90m² Lot 4 - 1012m²
Existing Use of Land	
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	Medium Impact Industry
Precinct	Not applicable
Local Plan Area	Noosaville Local Plan Code
Overlays	Acid Sulfate Soils
Assessment Type	Impact
executive summary
This application seeks a Development Approval for a Bar to operate in association with an existing Distillery known as Seabourne on an industrial site in the Rene Street. The proposed Bar is an inconsistent use in the Medium Impact Industry zone and entertainment activities are generally not supported due to the potential for reverse amenity impacts on existing industrial businesses, parking and traffic conflicts and a reduction in land available for industrial uses.
The Noosa Plan provides support for ancillary uses where they are subordinate to industrial uses and are small scale, however the area of the use and numbers of patrons and non-compliance with parking as proposed by the applicant are not considered to meet the relevant provisions and intent of the industrial zone. It is considered that the imposition of conditions requiring a reduction in patron numbers and hours of operation will ensure the use remains ancillary to the distillery and does not become a standalone entertainment venue. The application is recommended for approval subject to conditions.
RECOMMENDATION
That Council note the report by the Acting Coordinator Planning to the Planning & Environment Committee Meeting dated 8 November 2022 regarding Application No. MCU22/0115 for a Development Permit for a Material Change of Use - Bar situated at 1 - 3/9 Rene St Noosaville and:
A.	Approve the application in accordance with the following conditions:
When Conditions Must Be Complied With
Unless otherwise stated, all works required by the conditions of this Decision Notice must be completed prior to the use commencing, and then compliance maintained at all times while the use continues.
The patron use area for the consumption of food, drink and alcohol and/or congregation is limited to a 60m² seating area (excluding the bar area) with a maximum seating for 30 persons. The queuing area external to the building is not approved and all queuing must be provided inside the building. Amended plans are to be provided to the Manager of Development Assessment prior to the use commencing detailing the proposed seating area of the bar.
Approved Plans
Development undertaken in accordance with this approval must generally comply with the approved plans of development. The approved plans are listed in the following table unless otherwise amended by these conditions.
Plan No.	Rev.	Plan/Document Name	Date
A103	AO6	Site Plan Prepared by Collins Building Designs	19.08.2020
A105	AO6	Proposed Floor Plan Prepared by Collins Building Designs as amended by Council	19.08.2020
A107	AO6	Proposed Floor Areas Prepared by Collins Building Designs as amended by Council	19.08.2020
LL00	A	Proposed Landscape Key Plan Prepared by Lark Landscape Architecture and Urban Design	29.06.2022
LL01	A	Proposed Landscape Plan Prepared by Lark Landscape Architecture and Urban Design	29.06.2022
LL02	A	Proposed Planting Schedule Prepared by Lark Landscape Architecture and Urban Design	29.06.2022
Nature and Extent of Approved Use
The Bar must operate at all times in association with the Distillery use within Lots 2 and 3 on BUP5337. If the associated Distillery use ceases, the Bar use must cease.
All activities associated with the bar are to be undertaken inside the building. The landscape areas and parking areas are not to be used for any activities associated with the bar use. No food trucks or entertainment are to be setup in the landscape, driveway or parking areas.
The 60m² seating area is only permitted to be used by patrons who have booked a time slot for a table booking and these will be limited to 2 hours.
The approved use must not operate outside the hours of Friday, 4:00pm to 10:00pm and Saturday and Sunday 12:00 noon to 10:00pm.
The sale and/or consumption of alcoholic products is limited to those alcoholic products produced by the associated Distillery use.  Any alcoholic beverages that are not produced as part of the Distillery use on the site must not be sold with the exception of other alcoholic products used to make drinks with products distilled on site. Non-alcoholic mixers are able to be used on site.
Only finger type/snacks/platters/ bar food are permitted to be sold and/or consumed on site.
Landscaping
The area at the front of the site is to be landscaped in accordance with the approved plans.
Lighting of External Areas
During operating hours, all parking areas, pedestrian areas and entrances/exits must be well lit with vandal resistant lighting and with intensities to satisfy the requirements of Australian Standard AS1158 “Public Lighting Code”. Lighting must be designed to reduce the contrast between shadows and well lit areas.
Noise Management
Noise from the Bar, including amplified or non-amplified noise and patron noise must not exceed:
Continuous Noise
daytime (0700 to 1800 hours): 41.9 + 0 = 42 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 0 = 47 dB(A) LA10,adj,T
Time Varying Noise
daytime (0700 to 1800 hours): 41.9 + 5 = 47 dB(A) LA10,adj,T;
evening (1800 to 2200 hours): 46.6 + 5 = 52 dB(A) LA10,adj,T
Staff Numbers
A maximum of 2 staff for the Bar use are to be on site at any one time.
Currency Period
The Currency Period for this development approval lapses if the use has not commenced by 17 November 2028, unless an application to extend the currency period is approved by Council.
External Works
Car Parking
A minimum of 5 car parking spaces and 2 scooter spaces must be provided and marked on the site and made available and accessible at all times while the use is open for business. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
The car spaces and scooter spaces as shown on the approved plans
The car space located directly adjacent to the building and loading dock area dedicated to “staff”
dimensions, crossfalls and gradients in accordance with the relevant Australian Standard
All car parking areas and access driveways must be maintained exclusively for vehicle parking and manoeuvring and kept in a tidy and safe condition at all times.
Directional signage must be provided to direct visitors and customers to the car parking spaces provided on site.
Service Vehicles
Service vehicle parking, manoeuvring and standing spaces must be provided on the site. The areas must be provided in accordance with figure 5.1 of the submitted Car Parking Assessment reference 20401 prepared by Rytenskild.
Pedestrian and Bicycle Facilities
Pedestrian and bicycle facilities must be provided for the development. The works must be undertaken in accordance with an Operational Works approval and must include in particular:
a total of 2 bicycle parking spaces
Stormwater Drainage
Stormwater runoff from the new hardstand areas must be connected to the existing site stormwater drainage system.
Easements
Unless otherwise agreed in writing by the relevant service provider, any public or third party infrastructure located on the subject site must be placed within an easement registered against the title of the property.
All easements must be designed in accordance with the planning scheme and granted at no cost to the Grantee. Where the Grantee is Council or a service authority, the easement documentation must be in accordance with the Grantee’s standard easement terms.  Draft easement documentation must be submitted to Council for endorsement.
All works must be kept clear of any existing or proposed easements on the subject land, unless agreed otherwise in writing by the Grantee.
Earthworks and Retaining Walls
All retaining walls that are publicly accessible, located on site and exceed 1.0m in height must be fitted with a commercial grade safety fence.
Damage to Services and Assets
Any damage caused to existing services and assets as a result of the development works must be repaired at no cost to the asset owner at the following times:
where the damage would cause a hazard to pedestrian or vehicle safety, immediately; or
where otherwise, upon completion of the works associated with the development.
Any repair work which proposes to alter the alignment or level of existing services and assets must first be referred to the relevant service authority for approval.
B.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.
REASONS TO JUSTIFY THE DECISION DESPITE THE CONFLICT WITH THE PLANNING SCHEME
Find the following matters relevant to the assessment and sufficient reason to approve the application:
1.             The proposed bar is in an area that is zoned Medium Impact Industry under the Noosa Plan 2020, and a range of industrial uses either established now or in the future may generate noise, odour, dust, waste nuisance or the like.  These industrial businesses will not be required to include additional mitigation measures to address the potential impacts from these industrial uses on the bar, given they should reasonably be expected.
2.  	Conditions have been imposed to ensure the proposed bar is to operate in association with and ancillary to an existing industrial use on the site.

REPORT
PROPOSAL
The application seeks a Development Approval for a Material Change of Use – Bar to operate in association with an existing Distillery known as Seabourne on the site at Rene Street, Noosaville.
The applicant describes the proposal as:
The proposal seeks approval to operate a Bar within Tenancy 1 of the existing building, which will be directly associated with, and remain subordinate to, the gin distillery premises currently operating onsite within Tenancies 1, 2 and 3.
The Bar will involve the sale of alcoholic beverages, predominately created using the Seabourne Gin product that is manufactured onsite within the existing building. The aim of the Seabourne Distillery is to become one of Australia’s most highly regarded gin distilleries and to be a premier Queensland distillery. Accordingly, the distillery benchmarks themselves against notable premium distilleries, such as Four Pillars, Never Never and Archie Rose. Distillation/manufacturing of gin/aperitifs will occur five (5) days a week to supply Australian restaurants and bars, while also providing stock for Australian and International wholesale businesses. The main focus of the operation will always be distillation/manufacturing, with the weekend objective being for brand awareness by turning the Seabourne Gin distillery into a destination for education and product sampling. This will be achieved by supplying gin-based beverages to the cliental and educating them on the distilling process and how the product can be used to make cocktails with varied types of gin at home.
The operational aspects of the proposal include:
Restaurant style seated booking only
40 person maximum
Bar area of 85.1m2
Limited provision of food items for sale and small range of non-alcoholic mixers
Hours of operation:
Friday - 4pm to 10pm
Saturday and Sunday - noon to 10pm
Staff:
Bar – 2 staff
Daily operation – 3 staff
Up to 8 deliveries per week
5 carparking and 3 motorcycle spaces on site
Bicycle rack at rear of site
The locality and proposal plans are included below:

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Current internal layout (source Seabournedistillery.com.au)
site details
Background
The original industrial building was developed circa 1982 and has been used for a number of industrial uses since construction. The existing distillery was established under the 2006 Noosa Plan as an Industrial Business Type 2 - Production, alternation, repackaging & repairing.
Two formal pre-lodgement meetings have been undertaken for use of the site as a food and drink outlet/ bar. Both pre-lodgement meetings detailed that the proposed use was considered a bar as the scale was not considered ancillary to the industrial use and that a bar was an inconsistent use in the industrial zone. Planning staff also noted:
The Court approval for the 20/20 Distillery (Cooroy) does not permit the sale and/or consumption of products other than those produced by the distillery use. Non- alcoholic mixers could be added to the distilled product.
Distillery tours/Educational classes could be undertaken where ancillary.
Private functions not supported
Tastings to remain ancillary
Impacts on noise and carparking would need to be assessed.
Further verbal discussions and meetings were subsequently held with Planning staff prior to lodgement of the application discussing the scale, landscaping, carparking, noise and operational aspects.
Site Description
The subject site comprises 4 tenancies and associated carparking areas located in an existing single storey industrial building on the eastern side of Rene Street, Noosaville. The front 3 tenancies are currently used by the Seabourne Distillery with the fourth tenancy at the rear of the used for industrial purposes. A driveway extends along the southern boundary of the site and provides direct access to industrial uses on site.
Surrounding Land Uses
The site is located in the Rene Street industrial area and is surrounded by industrial buildings and uses.
assessment
Instruments for Statutory Assessment
Under the Planning Act 2016 the application must be assessed against each of the following statutory planning instruments to the extent they are relevant to the development:
State Planning Policy;
South East Queensland Regional Plan;
Planning Regulation 2017;
Noosa Plan 2020.
State and Other Statutory Instruments
State Planning Policy
Noosa Plan 2020 is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) Regional Plan
The site is located within the Urban Footprint.  The proposal is consistent with the regional policies of the SEQ Regional Plan.
Planning Regulation 2017
The proposal is for urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The site is located in the Noosaville Locality and is zoned medium impact industry in which a bar is an inconsistent, impact assessable use.  The application must be assessed against the whole of Noosa Plan 2020 to the extent the provisions are relevant to the development.
The pertinent issues arising out of the assessment are discussed below:
Land Use
The purpose and overall outcomes of the Noosaville Local Plan Code details the following:
(o) 	Development in the Low impact industry zone and the Medium impact industry zone accommodates a broad range of industry and business uses, avoiding negative impacts on the amenity of nearby residential areas.
(p) 	Activities in industry zones provide important services and products to the community and provide a range of employment types.
The Code also details more specific requirements in the Performance Outcomes including PO15 which states:
PO15  Development in the Low Impact Industry zone and the Medium Impact Industry zone:
provides a range of enterprises that contribute to the economic diversity of the Shire and local employment options;
provides important industries and service-related functions to the whole of Noosa Shire but particularly the coastal area;
offers a range and diversity of employment types;
does not accommodate uses better located in a centre zone
does not detract from the safe function or amenity of Eumundi Noosa Road, Walter Hay Drive or Eenie Creek Road; and
does not accommodate uses that would harm the environment, including Eenie Creek, Lake Doonella and Lake Weyba, through excessive pollutants.
The applicant submits that the proposed bar complies with PO15 on the following basis:
The proposed Bar contributes to the diversification of the local economy, given that a gin distillery with associated food and beverage provision attached is not provided in the Noosaville locality at present. Further, the introduction of a Bar that is operational outside standard business hours onsite, enables the efficient use of industrial land for activities that are ancillary to manufacturing activities undertaken during the day on weekdays
The proposal contributes to a range and diversity of employment types, with manufacturing staff present onsite during business hours and Bar staff present onsite during the operational hours of the tasting area;
The proposed Bar cannot be accommodated in a Centre Zone on the basis that it is intended to be operated in direct association with the gin distillery business onsite, which is an industrial use able to be located in an industrial zone only;
The subject site is not located on Eumundi Noosa Road, Walter Hay Drive or Eenie Creek Road. As such, the proposed development will not detract from the safe function or amenity of these roads; and
The proposed Bar use will not harm the environment, on the basis that it does not result in the release of emissions from the site.
The purpose of the Medium Impact Industry is to provide for medium impact industry and other uses and activities that support industrial activities and do not compromise the future use of premises for industry activities. The overall outcomes further state that development is to facilitate the efficient use of land for medium impact industries and supporting ancillary uses.
The inclusion of non-industrial activities in industrial precincts are generally not supported and in the past have created a number of issues including reverse amenity impacts on existing industrial businesses, parking and traffic conflicts and a reduction in land available for industrial uses.
The Noosa Plan 2020 does not support the inclusion of entertainment activities in this location, however it does support small ancillary retail sales and ancillary food and drink uses where they are not greater than 30% of the total gross floor area of the site or 60m2 whichever is the lesser.
Whilst a small section of the front of the premises for tasting of the product manufactured on site is considered appropriate, concerns are raised as to the number of patrons (40 persons) proposed. The proposed bar area comprises 31% of the industrial tenancy floor area excluding the external queuing area (16m2) at the front of the site and at this scale is not considered to be ancillary.
A Bar is an entertainment activity under the Noosa Plan and is defined as:
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 existing industrial activity (distillery) is a small boutique business that has a total gross floor area of 255m2. A bar is a more intensive use than a food and drink outlet and based on the small scale of the industry and limited parking available on site, the numbers of patrons is not considered small scale and does not fit well into the internal space detailed on site.
It is noted that a number of breweries with ancillary food and drink uses and bars have been approved within the Industry zone including:
MCU16/0112 - Heads of Noosa (Industrial Business Type 2 and Entertainment & Dining Business Type 1) at Rene Street, Noosaville
MCU16/0133 - Land & Sea (Industrial Business Type 2 and Entertainment & Dining Business Type 1 and Ancillary Dwelling unit) at Venture Drive, Noosaville
MCU18/0157 – Boiling Pot Brewery (Entertainment & Dining Business Type 3 Bar and Industrial Business Type 2- Brewery) at Venture Drive, Noosaville
MCU19/0134 – 20/20 (Entertainment and Dining Business Type 3 Bar – approved by Court Order) at Taylor Court, Cooroy.
The above applications were approved on the basis that the scale of food and drink/bar were to remain ancillary to the predominate industrial use and associated car parking requirements were able to be provided for on site. It is noted that MCU19/0134 for a Bar at Taylor Court, Cooroy, whilst approved under the superseded planning scheme, is restricted to a maximum of 20 patrons and an area of 21m2 which is equivalent to 10% of the floor area of the subject site.
To ensure the bar is an ancillary use, it is recommended that a defined seating area of 60m2 (excluding the actual bar area) is provided and the number of persons able to utilise the site at one time reduced to 30 persons.
Conditions similar to those approved on MCU19/0134 for Taylor Court have been included in the recommendation.
Carparking
A total of 10 carparking spaces and 3 scooter spaces are required for the industrial uses and the proposed bar on site. The applicant has provided 5 spaces at the front and 3 scooter spaces at the rear of the site which results in a total shortfall of 5 spaces for the entire development.
A Carparking Assessment has been submitted as part of the application which concludes that the proposed carparking is sufficient to cater for typical weekday operations as well as staff. The report details that the proposal is 2 spaces short, as it has not included the area of the fourth tenancy (which is not part of the application) in the calculations as it will generally not be operating at the same time. The Carparking Assessment details that there is very low demand for on-street carparking in Rene Street from 5pm on weekdays, that the street is close to empty on weekends and 35 spaces area available in walking distance from the site. Refer figure 5 below.
Whilst there is some merit in the applicant’s arguments, previous applications for entertainment uses in the industrial zone were supported where the use was small scale, ancillary to the industrial use and the required number carparking spaces were provided on site. The proposed use does not comply with carparking requirements and it is recommended the area of the site to be used for bar purposes be reduced to ensure the proposal is consistent with scheme requirements and does not impact on the surrounding area. A reduction in the floor area for seating to 60m2 will be consistent with the Medium Impact Industry Zone Code which refers to ancillary uses as better reflects carparking requirements.

Figure 5 – On- street carparking areas
Noise
A noise report was not provided with the application, however based on the hours of operation, the limited scale of the use, all activities located inside and the location of the nearest dwelling 255 metres from the site, it is considered that appropriate conditions can be imposed to ensure noise does not impact on the surrounding area.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to Councils Coordinator Engineering who advised that:
There is no footpath across the frontage of the site and patrons may utilise public transport (as indicated in the applicants Carparking Assessment. It is noted that the footpath will not connect to the existing footpath two lots to the north and it may be unreasonable to condition the approval.
The existing gate impacts on the new carparking space on site and this space should be dedicated to staff.
Due to the limited hours of operation and reduced area and number of patrons the imposition of footpath across the site is not considered reasonable.
Public Notification
The application was publicly notified for fifteen (15) business days in accordance with the Planning Act 2016. One properly made submission and one not properly made submission were received. The following table provides a summary and assessment of the issues raised by submitters.
Matters Raised	Comments
There is limited parking on site and therefore pedestrian access needs consideration. The existing footpath is not suitable for pedestrian use.	The submitters comments are noted however as detailed above, due to the restrictions on operations and the conditioned small scale of the use, the imposition of a condition for a footpath is not considered reasonable.
Boundary fence (retaining wall) is not fenced and concerns are raised as to people walking and visiting the site.	Whilst the retaining wall is existing, the submitters comments are noted and a condition has been included requiring the wall to be fenced for safety reasons.
Concerns are raised as to the security of machinery stored on neighbouring industrial uses due to the bar use.	It is agreed that the bar use will bring additional people into the industrial area however the conditioned small-scale nature of the use will ensure that patron behaviour is able to be appropriately monitored. Further it is noted that the proposal is not for a traditional bar and is an ancillary use that promotes the products manufactured on site.
conclusion & REASONS FOR DECISION
The proposed Bar is an inconsistent use in the Medium Impact Industry zone as detailed in the Noosa Plan 2020. The Noosa Plan 2020 supports ancillary uses where they are subordinate to industrial uses and are small scale, however the area of the use and numbers of patrons as proposed by the applicant are not considered to meet the relevant provisions and intent of the industrial zone. It is considered that the imposition of conditions requiring a reduction in patron numbers and hours of operation will ensure the use remains ancillary to the distillery and does not become a standalone entertainment venue. The application is recommended for approval subject to conditions.

Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	x	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	x	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
			Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	8 NOVEMBER 2022

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‘APPENDIX A~ CAR PARKING SURVEY

Survey zones