Delegated Report - Code - Planning MCU21 0107

Author	Nick Cooper/Patrick Murphy
Development Assessment

APPLICATION DETAILS
Application No.	MCU21/0107
Applicant	La Vida
Proposal	Material Change of Use - Food and drink outlet
Properly Made Date	18 June 2021
Information Request Date	Not Applicable
Information Response Date	Not Applicable
Decision Due Date	18 August 2021
Report Completed Date	18 August 2021
Report Reviewed By	Patrick Murphy 18 August 2021

PROPERTY DETAILS
Property Address	9 Hastings St Noosa Heads Qld 4567
RP Description	Lot 4 RP 893438
Land Area	400m²
Existing Use of Land	Shop

STATUTORY DETAILS
SEQRP Designation	Urban
Zone	Tourist Accommodation
Precinct	Hastings Street Mixed Use Precinct
Local Plan Area	Noosa Heads
Overlays	Land Subject To Acid Sulfate Soils -  5m AHD or below Flood Hazard Overlay – Flooding and Inundation Extent
Assessment Type	Code
PROPOSAL
The application seeks approval for a Material Change of Use - Food and drink outlet.   The existing Food and Drink Outlet known as Lavida Seafood Restaurant currently operating within a tenancy onsite seeks to extend their operations into the adjacent tenancy (Armano Collectors) being 106m2 in floor area.  The proposal includes external works minor finishing elements described as timber plinths, new timber screening to underside of existing stairs.
The locality and proposal plan are included below.
Figure 1 – Locality

Figure 2 – Site Plan

Figure 3 – Floor Plan

Figure 4 – Elevations
site details
Site Description
The site is located at 9 Hasting Street, Noosa Heads which comprises of a two storey commercial building with 4 tenancies located on the ground floor.   LaVida restaurant currently occupies tenancy 3 within the subject building.

Figure 5 – Street view of subject site.
Surrounding Land Uses
Surrounding land uses include tourism related commercial / retail and restaurants, along with accommodation within the Hastings Street precinct.
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; and
Noosa Plan 2020.
Noosa Plan 2020
The following codes from the Noosa Plan 2020 are applicable to this development:
Tourist Accommodation Zone Code;
Noosa Heads Local Plan Code;
Business Activities Code;
The subject site is located in Noosa Heads and is zoned Tourist Accommodation. The proposed use is identified as a consistent use within 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:
Built Form
Only minor changes are proposed to the built form as part of this application.  The changes are considered to comply with the relevant parts of the planning scheme and incorporates a high standard of urban and landscape design that creates attractive and functional building.

Car parking
The existing land use of shop required car parking to be provided at a rate of 1 space per 20m2 of gross floor area, for a total area of 106m2.
Car parking requirements for a Food and drink outlet under The Noosa Plan 2020 are calculated based on use area, excluding kitchen and food storage areas at 1 space per 20m2. As there is no increase in floor area the car parking demand will not increase as both shop and food and drink outlet have the same demand based on floor area.
The proposed timber plinths are pictured in figure 5 (above) and are currently being used for outdoor dining, however no increase in floor area /dining area is proposed as part of this application.  Clarification was sought from the applicant, who has indicated they did not wish to include any additional area for dining. Therefore the timber plinths will not form part of this approval and a condition is recommended accordingly.
cONSULTATION
Referral Agencies
Not Applicable
Internal Council Referrals
Not applicable
conclusion & reasons for decision
The proposed development generally complies with the requirements of the planning scheme and does not raise any significant issues that cannot be addressed by reasonable and relevant conditions. The application is therefore recommended for approval.
The report is provided in accordance with Section 63(5) of the Planning Act 2016.
RECOMMENDATION
With regard to Application No MCU21/0107 for a Material Change of Use - Food and drink outlet situated at 9 Hastings St Noosa Heads Qld 4567 and described as Lot 4 RP 893438, it is recommended the application be approved in accordance with the following details for the Decision Notice:
application details
Application No:	MCU21/0107
Street address:	9 Hastings St Noosa Heads Qld 4567
Real property description:	Lot 4 RP 893438
Planning Scheme:	Noosa Plan 2020 (25 September 2020)
Decision details
Council decided to issue the following type of approval:
Development Permit for 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

PLANNING
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
SK-100	-	Ground Floor Plan – New Works, prepared by Clements Clarke Architects	
SK101	-	North and South Elevation, Prepared by Clements Clarke Architects	
SK102	-	West and East Elevation, Prepared by Clements Clarke Architects	
Nature and Extent of Approved Use
The approved use is a Food and Drink outlet as shown on the approved plans.
The Timber Plinths are not approved as part of this development permit.
No outdoor dining is approved as part of this permit.
Currency Period
This development approval lapses if the use has not happened by 18 August 2027, unless an application to extend the currency period is approved by Council.
Nature and Extent of Approved Use
The approved use must not operate outside the hours of:
6am to 10pm Sunday to Thursday and public holidays
6am to 12:00 midnight Friday and Saturday
Any live music must be contained within an enclosed acoustically treated environment.
Service vehicle movements associated with the approved use (including loading and unloading) must not occur outside the hours of 7am to 6pm Monday to Saturday and not at all on Sundays or public holidays.
The approved uses 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.
The requirements of this Decision Notice must be included in the Community Management Statement for any body corporate for the subject site.

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:
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.
further development permits required
Type of Development Permit Required	Subject of the required Development Permit
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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HASTINGS STREET

SITE PLAN

1


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Lavina.
PRIVATO:

LAVIDA
RESTAURANT

  

   

AL 2.280 RL 2.280)

   

3800 3340

LIACTIAIQC CTREELT


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AL97@0

   

__ LEVEL2.w
RL 8.450

LEVEL 1 we
RL 5.250

—_ GROUND w
RL 2.150

NEW TIMBER PLINTH


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AL9.720

 

    
 
   

GROUND
RL 2.150

  

STAGE 2 NEW TIMBER SCREENING

NEW SHOPFRONT GLAZING PANEL

2___ NORTH ELEVATION - PROPOSED.
—

1: 100 NEW TIMBER PLINTHS