51981.3345.01 & 51984.3154.01 APPPLICATION FOR A MINOR CHANGE TO DEVELOPMENT APPROVALS FOR A SEAFOOD KIOSK AT 185 WEYBA ROAD, NOOSAVILLE (Referred from Planning & Environment Committee dated 10 September 2024 - Item 5.2) · ATTACHMENT 1 - (51981.3345.01 & 51984.3154.01) - PLANNING OFFICER'S REPORT

PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                              10 SEPTEMBER 2024


      Any premises used or intended for use for the preparation by cooking or otherwise of light
      refreshments, take-away meals or bread, cakes or pastry and the supply of such on sale to
      the public for consumption elsewhere or on the premises.
      Therefore, it is clearly presented the change of conditions aligns with the existing use rights
      and will not impact upon the amenity of the locality. The bakery will not offer table service
      and all products will be sold in takeaway packaging.
Assessment
Under the 1973 Town Planning Scheme and Noosa Plan 2020, the land was included in a
residential zone and intended to accommodate residential uses. Residential uses surround the site
on all 3 sides and currently there is a critical demand for residential uses, with limited medium
density residential zoned land available.
Conversely, since the commencement of the seafood kiosk decades ago, a neighbourhood centre
has been established approximately 100 metres to the west of the subject site. This
neighbourhood centre includes a supermarket and various tenancies including The Bakers Pantry,
and is where food and drink outlets, shops and the like to service the neighbourhood are intended
to locate. Moreover, currently there is no shortage of commercial tenancies with vacant tenancies
available in nearby centres.
Both the 1973 Town Planning Scheme and Noosa Plan 2020 do not support the proposed bakery
with the nature and hours of the proposed bakery materially different to the seafood kiosk with very
early morning activity and on-site dining for 10 persons.
The Overall Outcomes of the Medium Density Residential Zone Code from Noosa Plan 2020 state
that:
(b)   Medium density residential neighbourhoods are predominantly home to permanent
      residents.
(d)   New uses are located, designed and managed to be compatible with surrounding uses.
(e)   The intrusion of incompatible uses, or uses which are more appropriately accommodated in
      other zones is avoided to protect land for dual occupancies, community residences, rooming
      accommodation, multiple dwellings, retirement and relocatable home park facilities.
(j)   Development maintains a high level of residential amenity having regard to traffic, noise,
      dust, odour, lighting and other locally specific impacts.
The Performance Outcomes and Acceptable Outcomes from the Code further state that:
PO1
Development provides for medium density dual occupancy and multiple dwellings in a range of
dwelling sizes and styles, which meet the needs of current and future resident populations including
small households, older persons, people on low incomes and people with special mobility needs.
PO5
Land uses are limited to those which are compatible with the medium density living in urban
neighbourhoods.
AO5.1
Land uses do not typically rely on people other than residents of the site to be present on the
site between the hours of 7:00pm and 7:00am.
AO5.2
Land uses do not result in adverse changes to the amenity of the residential neighbourhood by
the emission of noise, vibration, smell, fumes, smoke, vapour, steam, soot, ash, dust, grit, oil,
waste water, waste products, or radio or electrical interference.


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