Council Report MCU22 0101 · MCU22/0101

Document information

Author	Development Planner - Nadine Gorton
Development Assessment

APPLICATION DETAILS
Application No.	MCU22/0101
Applicant	Retail Vending Australia Pty Ltd
Proposal	Material Change of Use - Food and drink outlet
Properly Made Date	10 June 2022
Information Request Date	5 July 2022
Information Response Date	5 August 2022
Decision Due Date	15 September 2022
Report Completed Date	12 September 2022
Report Reviewed By	Patrick Murphy
PROPERTY DETAILS
Property Address	115 Poinciana Ave Tewantin Qld 4565
RP Description	Lot 3 on RP 71997
Land Area	293.000m2
Existing Use of Land	Vacant Office Building (previously ANZ Bank)
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Zone	District Centre
Precinct	Not applicable
Local Plan Area	Tewantin Local Plan Code
Overlays	Acid Sulfate Soils
Assessment Type	Code

PROPOSAL
The application seeks approval for a Material Change of Use - food and drink outlet on a site previously used by the ANZ Bank at Tewantin. The proposed works comprise:
Conversion of the existing office space into:
Bar/counter:  22m2
Internal seating areas, internal hallway and amenities: 100m2 (note: applicants areas differ to Council measurements)
Store and cold rooms: 26m2
New external dining area to rear of site: 62.5m
New external kitchen to rear of site: 15m2
New Bin Bay and stairs to rear
The works include the provision of landscape planters around the new dining area to the rear of the site.

Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Elevations

Figure 4 – Concept views
site details
Background and Site Details
The site is rectangular in shape with the existing building located to the front of the site. The existing building is of brick construction with concrete awning extending over the footpath. An easement exists over the adjoining site which provides access to three carparking spaces for the site.

Figure 5 – View of existing building

Surrounding Land Uses
The site is located in the Tewantin commercial area and is surrounded by commercial buildings that include shops and offices.
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.
assessment
The application must be assessed against each of the following codes to the extent they are relevant to the development:
Tewantin Local Plan Code
District Centre Zone Code;
Business Activities Code;
Works Codes.
The subject site is located in the Tewantin Locality and is zoned District Centre. The proposed use is identified as a consistent use with the zone and is required to follow a code assessable application process.
The application has been found to generally comply with all applicable statutory instruments. The pertinent issues arising out of the assessment are discussed below:

Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	292.91m2	
Use Area	Not applicable (Existing – 155m2 internal)	Total: 162.5 m2 internal and external seating and hallways and amenities	
Landscape	10% of site area = 29.2m2	4m2	X
Carparking	8 spaces	8 spaces including (3 spaces under easement)	
Bicycle Spaces	1 bicycle spaces	0 bicycle spaces	X
Carparking
The subject tenancy was originally developed on the site as an office with 155m2 of internal use area. Based on the carparking requirements of a retail shop, the subject tenancy currently is assessed as having an existing use right of 7.75 spaces which rounds up to 8 carparking spaces.
The current carparking requirements of the proposed use is outlined below.
Food and Drink Outlet:
one space per 20m² of use area and outdoor business area, excluding kitchen and food storage areas; and
The proposed Food and Drink Outlet proposes a total area of 162.5m2 of dining area which equates to a total of 8 carparking spaces. This use area and associated carparking is equivalent to the carparking attributable to the existing use of the site
No additional carparking contributions are required for the proposed use, however conditions are included accordingly with regard to the proposed maximum floor area to be used for dining purposes.
Bicycle Parking
One bicycle space is required for the development. Based on the proximity of existing bicycle racks within the adjoining road reserve, the dining use and limited area available on site, no additional bicycle racks are considered warranted for the proposal.
Landscaping
The proposal does not comply with landscape open space requirements as detailed in AO35.1 of the District Centre Zone Code which requires a minimum landscaped area of 10% (29.2m2). The applicant proposes to provide a minimum of 4.6m2 of landscaping to the rear of the site along with above ground planters located around the rear external deck of approximately 12 m2.  No additional landscaping can be provided at the front of the site due to the existing building and the provision of additional landscaping to the rear provides limited impact to the surrounding area.
The proposal has been reviewed against PO35 of the Code and is considered to meet the Performance Outcomes as:
there is no opportunity for additional landscaping to be provided at the front of the site due to the existing built form
there is no native vegetation on site that requires preservation
the landscaping at the rear of the site will provide screening to the deck area and carparking areas
the rear area is currently grassed and adjoins parking areas to the rear of site
the landscaping on the upper terrace will provide softening and greenery to the patrons of the site.
It is noted that the eastern elevation of the new building will be visible to the Memorial Avenue through the carparking area of the adjoining site as indicated in Figure 6 below. A condition has been included to ensure that this wall includes architectural treatments that complement the area.

Figure 6 – View of site from Memorial Avenue
Noise
The applicant was asked to provide an acoustic report addressing the potential impacts of noise on the residential properties in the surrounding area. The applicant has not provided a noise report due to the limited availability of qualified and experienced acoustic experts, the financial expense, proposed operational hours, and the location of the proposed Food and Drink Outlet.
The applicant has revised the hours of operation to align with Business Activities Code with the revised proposed hours detailed below:

The applicant contends that the proposed use will not generate any noise in addition to the perceived noises generated by the existing uses and surrounding traffic and indicates that a condition detailing noise limits is acceptable.
AO11 and PO14 of the Business Activities Code detail the following noise outcomes:

Council Health Department has advised that noise complaints from operational can be dealt with by conditions and has also provided a condition relating to noise from plant and equipment.
Due to the site’s location in the District Centre and distance from residential properties it is considered appropriate to condition the approval to reflect the hours of operation detailed in the planning scheme.
Bin Area
The bin area for the proposed premises is located at the rear of the site on the new raised deck. The applicant responded to Council’s request to clarify the use of the bin area with reference to the stairway by indicating that this matter will be considered and managed by the operators. A condition has been included requiring the bins to be stored in this location and not to extend into the landscape area on the ground floor.
cONSULTATION
Referral Agencies
Not applicable
Internal Council Referrals
The application was forwarded to the Councils Health Officer who advised that:
the food design area would need to be protected from the elements
fixed plant and equipment causing noise would need to be shielded
conditions relating to noise should be included

conclusion & REASONS FOR DECISION
RECOMMENDATION
With regard to Application No MCU22/0101 for a Material Change of Use - Food and drink outlet situated at 115 Poinciana Ave, Tewantin and described as Lot 3 on RP71997, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU22/0101
Street address:	115 Poinciana Ave Tewantin Qld 4565
Real property description:	Lot 3 on RP71997
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit Material Change of Use - Food and drink outlet
CURRENCY PERIOD of approval
The currency period for this development approval is stated in the conditions below.
assessment manager conditions
When Conditions Must be Complied With
Unless otherwise stated, all conditions of this Decision Notice must be complied with prior to the use commencing, and then compliance maintained at all times while the use continues.
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
SD100	A	Site plan prepared by Robinson Architects	1/8/2022
SD102	A	Plan Proposed prepared by Robinson Architects	1/8/2022
SD103	A	Proposed Landscape prepared by Robinson Architects	1/8/2022
SD201	A	Elevation prepared by Robinson Architects	1/8/2022
Nature and extent of Use
The areas to be used for dining are limited to the areas shown on the approved plan SD102 Plan Proposed (internal use area and external use area) prepared by Robinson Architects and dated 1/8/2022.
The use must not operate outside the hours of 6:00am to 10:00pm, Sunday to Thursday and 6.00am to 12 midnight on Friday and Saturday.
The eastern elevation of the new building is to be treated with an architectural finish/ cladding/colour scheme that provides a contrast to the existing brick façade and includes vertical and horizontal elements to the satisfaction of the Manager of Development Assessment.
Amenity
The operation of the food and drink outlet and associated activities must not result in environmental nuisances such as noise, visual or odour impacts that unreasonably diminish the amenity of the area or surrounding uses.
Noise emanating from the premises including amplified or non-amplified noise and patron noise prior to 10.00pm must not exceed 90dBC, fast response, when measured approximately 3 metres from the source of the noise; and
Noise emanating from the premises including amplified or non-amplified noise and patron noise after 10.00pm must not exceed 85dBC, fast response, when measured approximately 3 metres from the source of the noise.
Entertainers or speakers used to amplify noise must not be located in any outdoor dining area.
Any amplified noise, other than low level piped music not greater than 75dBC, at the premises must be conducted through a sound limiting device at all times to ensure that noise does not exceed levels prescribed in the conditions of a licence.
The sound limiting device is to have a locking mechanism, which is to be locked at all times except for inspection or maintenance work on the device.
Access to the sound limiting device, except for maintenance work, is restricted to the licensee, nominee and the person in charge of the premises at any time.
The sound limiting device must be checked and if necessary calibrated by a qualified acoustic engineer at least every 12 months to ensure compliance with the conditions of this licence. Evidence of the sound limiting device calibration must be made available to an authorised person on request.
Any fixed plant and equipment that cause noise (e.g. air conditioning units, refrigeration units, pumps and generators, kitchen exhaust units), must be enclosed, shielded and/or positioned to ensure that the following sound pressure levels for a noise sensitive land use is achieved:
Location where criteria applies at a noise sensitive land use	Adjusted equivalent continuous sound pressure level (LAeq,adj,T) to be achieved during the day, evening and night time periods	Maximum sound pressure level (LAmax) to be achieved during the night time period
	Day 7am-6pm LAeq,adj,11hr	Evening 6pm-10pm LAeq,adj,4hr	Night 10pm-7am LAeq,adj,9hr	Night 10pm-7am
@3m from noise source	50 dB(A)	50 dB(A)	N/A	N/A
Note: Measurements must be in accordance with AS 1055.1 - Acoustics - Description and measurement of environmental noise - General procedures. Measurements must be adjusted for tonality and impulsiveness where required, where attenuation is applied for inside to outside calculations, a maximum of 5 dB(A) only is to be applied (i.e. assumed windows fully open or open plan kiosk).
Landscaping
Landscaping of the site must be undertaken as detailed on Plan SD103 Plan – Proposed Landscape prepared by Robinson Architects.  An application for operational works is to be submitted and approved prior to issue of Building Approval and include:
The landscape planter and soft landscaping area are to remain open to the elements and not roofed.
The soft landscape area is to include 4 x45 litre tree species and understorey plantings
Currency Period
This development approval lapses if the use has not happened by 13 September 2028 unless an application to extend the currency period is approved by Council.

Performance Bond
Security in the form of a cash bond or trading bank guarantee to the sum of $8,000 must be submitted to Council, to secure performance of all conditions of this approval, prior to the issue of a Development Permit for Operational Works or Building Works whatever comes first. The cash bond or trading bank guarantee will be returned on performance of the conditions of approval less any costs incurred by Council in respect of enforcing performance of this permit. Council reserves the right to call upon the bond or guaranteed sum to effect compliance with conditions.
Waste
The bin area is to be provided at the rear of the site on the upper level deck as detailed on SD102 Plan Proposed prepared by Robinson Architects and dated 1/8/2022.
The bin area and associated wash down area are not to impede or extend into the landscape open space area located at the rear of the site
Stormwater Drainage
Stormwater runoff from the development must be connected to the existing site stormwater drainage system and discharged without causing scour or damage to the subject site or any adjoining property.
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.
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.
referral agencies
Not applicable.
Advisory notes
The following notes are included for guidance and information purposes only and do not form part of the assessment manager conditions:
Building and Construction Industry (Portable Long Service Leave) Levy
The QLeave levy must be paid prior to the issue of a development permit where it is required. Council will not be able to issue a Decision Notice without receipt of details that the Levy has been paid.
Co-ordination of Operational Works Assessment
Additional application fees apply to Operational Work applications where the different aspects of the works are lodged separately. Significant savings in application fees will result if all works are lodged in a single application.
Preparation of a Preliminary Construction Management Plan
A preliminary Construction Management Plan must be submitted with the Operational Works application and must address the following:
traffic management during all aspects of the construction phase including:
a Traffic Management Control Plan in accordance with the Manual of Uniform Traffic Control Devices (MUTCD) detailing all temporary signage and traffic control measures prior to construction
maintenance of safe pedestrian access for the areas affected by the works during and after daily construction has ceased
proposed fencing to the site during the construction phase of the development
approval of the Traffic Management Control Plan by the Department of Transport and Main Roads (DTMR) for any works on State controlled roads
provision for worker car parking
maintenance and protection of water quality and existing drainage lines through the construction site, through the implementation of appropriate erosion and sediment control measures
works programme identifying key components of the works and their respective durations
establishment of a communication protocol with the general public, adjoining owners, emergency services and local businesses to advise of agreed construction times, impacts on traffic, services and other relevant issues.
Include a post out to the local residents and businesses advising of the proposed development, the expected time frames and the site contact details.
Include signage in prominent locations on the boundaries of the site advising of the proposed development, the expected time frames and the site contact details.
identification of complaint management procedures including:
contact details for the on-site manager
dispute resolution procedures
details on the location of external fill/dump sites, the haulage route, type of vehicle to be utilised during filling operations and frequency of usage. NB any damage to the existing road system as a result of haulage operations shall be fully repaired at the applicant’s expense
it is acknowledged that the preliminary Construction Management Plan will be a draft document requiring finalisation upon appointment of the Principal Contractor employed to construct the works and a final document will be required to be submitted at the Pre-Start Meeting for the project.
Advertising Devices
All Advertising Devices must comply with Schedule 10 of Subordinate Local Law No.1 (Administration) 2015 including both temporary and permanent signage. All freestanding, pylon or pole signs or signage that is illuminated requires approval from Council prior to being installed. All signage identified in s6 of Schedule 10 of Subordinate Local Law No. 1 is prohibited from being erected in the Shire.
Infrastructure Charges
All developments and/or changes to existing developments may require payment of “Infrastructure Charges” (as applicable) in accordance with Council’s “Charges Resolution” made pursuant to the planning legislation and regulations current at the time of issue. For further information, please refer to https://www.noosa.qld.gov.au/planning-development/development-tools-guidelines/infrastructure-charges
property notes
Not applicable.
VARIATION approval details
Not applicable.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
Development Permit for Operational Works	landscaping
Development Permit for Building Works	All building work
submissions
Not applicable.
RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written representations to Council about the conditions contained within the development approval. If Council agrees or agrees in part with the representations, a negotiated decision notice will be issued. Only one negotiated decision notice may be given.
OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available on line at www.noosa.qld.gov.au or at Council Offices.

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DEVELOPMENT ASSESSMENT DELEGATED REPORT

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Monday
Tuesday
Wednesday
Thursday

10:00AM - 10:00PM
10:00AM - 10:00PM
10:00AM - 10:00PM
10:00AM - 10:00PM

Friday
Saturday

Sunday

10:00AM - 12:00AM
10:00AM - 12:00AM

10:00AM - 10:00PM


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Tue Re ocd

Amenity and Safety

 

SRT

 

 

Hours of Operation
Pott

Business activities are operated in a manner that avoids or minimises evening, early morning
Jor weekend noise nt

  

ances to sensitive land uses, particularly-surrounding residential uses.

 

AoA

The use or activity does not operate outside the hours of 7:00am to 9:00pm, seven days a
]week, where the site directly adjoins land in the following zones:

(a) Allresidential zones, except for the Tourist accommodation zone
(b) Major centre zone — High density residential precinct: or
(©) Rural residential zone

AO11.2

|Where the site is not specified above in A111 the use does not operate outside the hours of
/6:00am to 10:00pm, seven days a week, except that a business use such as a food and drink
outlet, may operate until 12:00 midnight on a Friday and Saturday.

 

 

 

 

 

 


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Live Music
Pot

Live music creates entertainment for patrons and vibrancy within the streetscape and is sited
to avoid significant impacts on surrounding residential land uses.

A014.1
Where the site is adjacent to land in a residential zone (excluding Tourist Accommodation
Zone), the Noosa Business Centre High Density Residential Precinct, or the Rural Residential
Zone live music is contained within an enclosed acoustically treated environment.

 

A014.2
Acoustic live music (not reliant on electric or electronic equipment) ceases to operate in
Joutdoor spaces by 9:00pm Sunday — Thursday, and by 10:00pm Friday and Saturday, except
if located within the Hastings Street Mixed Use Precinct or Noosa Junction Hospitality precinct
]where it can operate until 10:00pm Sunday - Thursday, and by 12:00 midnight Friday and
Saturday.

 

 

A014.
Amplified live music ceases to operate in outdoor space by 7:00pm seven days per week,
/except if located within Hastings Street Mixed use precinct or Noosa Junction Hospitality
precinct where it can operate until 9:00pm Sunday - Thursday and 10:00pm Friday and
Saturday.

Editor's Note— Liquor licences and IBIS matters are separately dealt with through the
Office of Liquor and Gambling.