Council Report - MCU18 0102.03 (As Published) · MCU18/0102.03

               PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT                                 10 FEBRUARY 2026


               3.2. Surrounding Land Uses
               The subject site is located within the District Centre Zone within the Mary Street Health and
               Wellbeing Precinct and Noosaville Local Plan Centre. The development site is surrounded by a
               mix of Medium and High Density development and is adjacent to the local shopping centre which
               includes major retail providers such as Woolworths and Dan Murphy’s.
               4.     ASSESSMENT
               4.1. 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 (25 September 2020).
               4.2. 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.
               Shaping SEQ 2023 (South East Queensland 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
               Not applicable.
               4.3. Statutory Instruments – Planning Scheme
               The subject site is zoned District Centre and is situated within Precinct 1 – Mary Street/Thomas
               Street Health & Wellbeing Precinct and the Noosaville Local Plan area. The proposed Food and
               Drink Outlet is identified as an inconsistent use for the site under the precinct provisions that apply
               and is required to follow an impact assessment process.
               The proposed Other Change must be assessed against the whole of the Noosa Plan 2020 to the
               extent the provisions are relevant to the development.
               Condition 65
               65.    The Food and Drink Outlet approval lapses on 18 January 2025, unless written consent is
                      provided by Council’s delegate to extend the approval. In assessing a request to extend the
                      approval, Council will have regard to any substantiated complaints relating to noise, car
                      parking and any other relevant matters associated with the Food and Drink Outlet use.


               Applicant’s Request
               The applicant has requested existing condition 65 be amended to include the Food and Drink
               Outlet use for the lifetime of the development. In support of the request the applicant has provided
               the following request:
               “It is sought to change Condition 65 to allow the Food and Drink outlet to operate for the life of the
               development. It is requested the condition be amended to read:
               65.    The A Food and Drink Outlet is approved and must be operated within the area identified on
                      the approved plans. approval lapses on 18 January 2025, unless written consent is provided
                      by Council’s delegate to extend the approval. In assessing a request to extend the approval,



Document Set ID: 24431379
Version: 6, Version Date: 23/01/2026