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Development Application part 2 of 3 Report - MCU13/0093
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MULTIPLE PART RECORD
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Application number: yY W 3\
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Page 2
-.
martoo
consulting -
PROPOSAL REPORT pty Itd
town planners +
urban designers
+
surveyors
Development Application ABN: 62 287 949 725
seeking a
Application for Material Change of Use
Entertainment & Dining Business
- -
Type 1 Food & Beverages (Restaurant
70 seats)
at
2/50 Hastings Street, Noosa Heads and described
as Lot 2 on SP108800
Applicant:
Mr Ken Morrison (Queensland)Pty Ltd
Prepared: May 2013 R00693 -
A
oSUNSHINE COAST OFFICE 0GYM PIE OFFICE
1/199 GYMPIE TERRACE NOOSAVILLE - PO BOX 1684 NOOSA HEADS Q 4567 38 NASH STREET GYMPIE -
PO BOX 391 GYMPIE Q 4570
TELEPHONE 0754555425 FACSIMILE 0754555725
-
TELEPHONE 0754827440 -
FACSIMILE 0754824952
[email protected] [email protected]
Page 3
Application for Material Change of Premises for Entertainment & Dining Business Type 1 Food & - Beverages (Restaurant70 seats) Prepared for Mr Ken Morrison (Queensland)Pty Ltd Prepared by Martoo Consulting Pty Ltd 13/6 BoUlebrush Ave Noosa Heads Q 4567 PO Box 1684 Noosa Heads Q 4567 T +61 754472550 F +61 754553322 @ Martoo Consulting Pty Ltd 2010 The information contained in this document produced by Marloo Consulting pty Ltd is solely for the use of the Client identified on the cover sheet for the purpose for which it has been prepared and Marloo Consulting Pty Ltd undertakes no duty to or accepts any responsibility to any third party who may rely upon this document. All rights reserved. No section or element of this document may be removed from this document, reproduced, electronically stored or transmitted in any form without the written permission of Martoo Consulting Pty Ltd. 00693 /MCU Proposal Report May 2013
Page 4
Proposal Report Proposed Material Change of Use ofPremises for a Change to a Retail Business Ty e 2 Shop & Salon (caf 40 seats) to an
-
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) at 2/50 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant: Mr Ken Morrison (Queensland)Pty Ltd
Contents
1 Introduction 2
2 Basic Information 3
3 The Characteristics of The Site 4
4 The Proposal...............................................................................................................5
4.1 Proposed land Use ..............................................................................................5
4.2 Proposed Development Works..............................................................................5
4.3 Proposed Operations............................................................................................5
5 Development Assessment......................................................................................6
5.1 Applicable Codes ..................................................................................................6
5.1.1 Noosa Heads locality Code......................................................................6
5.1.2 Business Uses Code.................................................................................6
5.1.3 landscaping Code...................................................................................6
5.2 Overlays................................................................................................................6
5.3 State Planning Policies..........................................................................................6
6 Conclusion...................................................................................................................7
Annexure 8
Appendix A: Development Plans for the Proposal
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= martoo consulting -
Town Planning + Urban Design Consultants
1
Page 5
Proposal Report Proposed Material Change of Use ofPremises for a Change to a Retail Business Type 2 Shop & Salon (caf 40 seats) to an
-
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) at 2/50 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant: Mr Ken Morrison (Queensland)Pty Ltd
1 Introduction
This planning report has been prepared for Mr Ken Morrison (Queensland) Pty Ltd being the applicant of a
development application proposing a Material Change of Use of Premises for the conversion of an existing
restaurant previously operating as Incredible India to an Entertainment and Dining Business Type 1 Food &
Beverages for 70 seats at 2/50 Hastings Street Noosa Heads.
The subject site is described Lot 2 on SP108800 and is within the former Noosa Shire now part of the Sunshine
Coast Regional Council.
The proposed development of this site constitutes ’development’as defined by Section 1.3.2 of the Integrated
Planning Act 1997. The proposal has been deemed impact assessable development under the provisions of
the Noosa Plan 2006 and the Sustainable Planning Act 2009 by Council despite the use being used as a
restaurant since
This planning report covers the following matters in order to assist the assessment of this development
application:
.
Section 2: The basic details of the application as extracted from certain parts of the
application forms;
. Section 3: A description of the subject site and surrounds;
. Section 4: An explanation of the proposal;
. Section 5: An assessment of the proposal against the 2006 Noosa Plan; and
. Section 6: A conclusion that provides summary grounds, which support the approval of the
application as proposed.
The Sunshine Coast Regional is the Assessment Manager for this development application.
Any words or terms are shown in italic font in this proposal report, refer to either relevant state legislation direct
quotes from this planning scheme as indicated. Words in bold font refer to definitions as detailed by the Noosa
Plan.
The report concludes that the proposal is consistent with the provisions of the planning scheme and should be
approved.
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Town Planning + Urban Design Consultants
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Page 6
Proposal Report Pro osed Material Change of Use of Premises for a Change to a Retail Business Type 2 Shop & Salon (caf 40 seats) to an
-
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) at 2/50 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant: Mr Ken Morrison (Queensland) Pty Ltd
2 Basic Information
Basic information relating to this development application includes:
Applicant: Ken Morrison (Queensland)Pty ltd
C/- Martoo Consulting
PO Box 1684, Noosa Heads Qld 4567
Address of Site: Shop 2/50 Hastings Street Noosa Heads
RPD of Site: Lot 2 on SP108800
Owner: Ken Morrison (Queensland)Pty Ltd
Area of Site: Lot 2 -
Indoor area of 50m2and Outdoor area of 111 m2
Current Use of Site: Vacant Restaurant
land Use Zonings: Visitor Mixed Use
Strategic Area: Urban
Overlays: Natural Hazard: Bushfire & Acid Sulphate Soils Overlay -
High
Potential Acid Sulphate Area
Proposal: Entertainment and Dining Business Type 1 Food & Beverages (Restaurant
and Outdoor dining)
Approvals Sought: Development Permit for Material Change of Use of Premises
Administering
Authority: Sunshine Coast Regional Council
Referral Agencies: Nil
Existing Easements: Nil
Consultants for
development
application: Town Planners: Martoo Consulting
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~ martoo consulting -
Town Planning + Urban Design Consultants
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Page 7
Proposal Report Proposed Material Change of Use ofPremises for a Change to a Retail Business Type 2 Shop & Salon (caf 40 seats) to an
-
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) at 2/50 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant Mr Ken Morrison (Queensland) Pry Ltd
3 The Characteristics of The Site
The subject site comprises shop 2 located at 50 Hastings Street, Noosa Heads. The premises are contained in
an existing commercial complex, which includes retail tenancies at ground level facing Hastings Street and
Noosa Parade and a bar and restaurant on the upper floor known as Laguna Jacks.
Subject site
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The subject premises are currently vacant and have previously been used for a number of restaurants including
The Mango Tree (commenced operation in 1978), Roberlos, Flying Fish and Incredible India. Uses located in
the complex include Jo Jo clothing store, New Zealand Ice Creamery, 7 Eleven, a restaurant known as Gastons
and a restaurant known as Laguna Jacks on the upper floor.
The site is currently serviced by all community infrastructure including reticulated water supply and sewerage,
underground telecommunication services, electricity supply, stormwater drainage and a footpath along the front
of the site.
Existing land uses in the locality surrounding the subject site are characterised by a mixture of visitor
accommodation and commercial uses. The adjoining parcels of land have the following uses:
.
North(opposite the site): Noosa Heads Surf Life Saving club
. East: Caf Le Monde Restaurant
. West (opposite the site): Police Beat and Council carpark
. South: The Cockleshell Resort
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Page 8
Proposal Report Pro osed Material Change of Use ofPremises for a Change to a Retail Business Type 2 -
Shop & Salon (caf 40 seats) to an
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) at 2/50 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant Mr Ken Morrison (Queensland)Pty Ltd
4 The Proposal
4.1 Proposed land Use
The applicant proposes to change the existing approved shop of 40 seats to a restaurant with seating for up to
70 persons. The Noosa Plan defines these uses as Retail Business -
Type 2 Shop & Salon and
Entertainment and Dining Business -Type 1 Food & Beverages:
Type 2 Shop & Salon the use of premises for an activity that is generally found in a shopping
-
complex, strip or centre. The use includes a shop, hairdressing salon, appliance repairs,
alterations, dry leaning and caf with dining facilities for up to 10 people.
Type 1 Food & Beverages the use of premises involving the sale of food and beverages for
-
consumption on the premises. The use class includes a function room or restaurant or caf
with dining facilities for 10 of more people
Both uses are an impact assessable use in the Visitor Mixed Use zone in which the site is contained.
It is noted that the existing approved use of the site for 40 seats does not accord with the current definition of a
shop, however advice from Council indicates that the site was approved as a shop/ bistro in 1993 for a total of
40 persons and that an application is required.
As detailed by the attached proposal plans (refer Appendix A) this application seeks to:
. Continue to utilise the site for a restaurant and gain approval for a restaurant use.
. Increase the kitchen and severy area by 9.5m2
. Increase the approved outdoor seating area from 40 to 70 seats
. Provide 3 new umbrellas across the front of the site
. Provide new landscape planters along the boundary of the site.
4.2 Proposed Operations
The restaurant will operate 7 days a week consistent with other restaurants in the area. Deliveries will generally
occur to the premises will occur prior to 6am and after 6pm.
The existing restaurant disposes of waste in wheelie bins located to the rear of the site and this area will
continue to be utilised.
All existing facilities on site will continue to be utilised by the restaurant.
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Town Planning + Urban Design Consultants
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Page 9
Proposal Report Pro osed Material Change of Use ofPremises for a Change to a Retail Business Type 2 -
Shop & Salon (caf 40 seats) to an
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) at 2/50 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant: Mr Ken Morrison (Queensland)Pty Ltd
5 Development Assessment
The Noosa Plan includes the site in the Noosa Heads locality and provides the site with a Visitor Mixed Use
zone. An extract of the zoning map for the locality is detailed below. The assessment table for the Visitor
Mixed Use zone indicates that Entertainment and dining business Type 1 Food & Beverages are impact
-
assessable development.
oDetached Housing
blSemi-Attached Housing
.Attached Housing
.Vlsltor Mixed Use
DNeighbourhood Centre
.Business Centre
oCommunity Services
DOpen Space Recreation
~.Open Space Conservation
5.1 Applicable Codes
In accordance with the Noosa Plan, the development is required to be assessed against the provisions of the
regard to this proposal include the Noosa Heads
entire Noosa Plan. The Codes that are most relevant with
Locality Code, Business Uses Code and Landscaping Code. A summary review of the proposal against these
codes is detailed below:
5.1.1 Noosa Heads Locality Code
The proposal complies with the Specific Outcomes of the Noosa Heads Locality Code and proposes no
new building works and is well located with regard to pedestrian and bicycle paths. The use involves a
change to an existing commercial/restaurant tenancy to allow another commercial/restaurant use in the
premises.
It is noted that the Locality Code indicates the following setbacks for the Visitor Mixed Use zone:
.
.for the southern side of Hastings Street, east of Noosa Drive
.
-
a) 2m, average 4m from the front boundary to Hastings Street and Noosa Drive for the
ground floor.
The existing dining area approved in July 1993, (Council Reference TPC 2528) details the dining area
-
as extending to the Hastings Street boundary. The applicant does not seek to change this approved
dining area which is considered consistent with the character of the street and adjoining outdoor dining
area at Caf Le Monde.
The existing approved dining area setback fulfils Specific Outcome 08 of the Noosa Heads Locality Plan
as detailed below:
Buildings and other structures are appropriately designed and sited to-
a)provide amenity for users of the premises as well as preserve the visual and acoustic
amenity of adjoining and nearby properties;
The area has been approved and used for outdoor dining purposes since 1993 and is well
separated from resort accommodation located to the rear of the site. Visually the outdoor
dining setback is consistent with the adjoining Caf Le Monde premises.
b) provide adequate distance from adjoining land uses;
The proposed setback is consistent with the adjoining outdoor dining area of Caf Le Monde
and enables access to adjoining uses.
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Town Planning + Urban Design Consultants
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Page 10
Proposal Report Proposed Material Change of Use ofPremises for a Change to a Retail Business Type 2 Shop & Salon (caf 40 seats) to an
-
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) at 2150 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant: Mr Ken Morrison (Queensland) Pty Ltd
c) preserve any existing vegetation that will buffer the proposed building;
No vegetation affected.
d) allow for landscaping to be provided between buildings;
Existing conditions to be retained. Planter boxes to be provided on site.
e) maintain the visual continuity and pattern of buildings and landscape elements within the
street;
The approved outdoor dining area maintains the existing visual streetscape established
within the area as demonstrated by Caf Le Monde to the east of the site and the original use
of the site for a restaurant. The proposal plan provides an illustration of how the new
umbrellas complement the new sails at Caf Le Monde as well as the existing shade
structures on the site.
f) protect public safety and property within erosion prone areas by ensuring such areas are
maintained largely free of development; and
Not applicable
g) help protect the natural character and visual amenity of coastal areas and watercourses.
As indicated the existing approved setback is well accepted in the locality and will not impact
on the character of the surrounding area.
5.1.2 Business Uses Code
The proposal has been reviewed against the provisions of the Business Uses code and is considered to
comply with the requirements of the Code. The proposal involves the utilisation of an existing shop with
approval for 40 seats to a restaurant with 70 seats and is consistent with the character of Hastings
Street.
5.1.3 Landscaping Code
A review of the proposal against the Landscaping Code indicates that it generally complies with the
Code. New updated planter boxes will be provided around the site.
5.1. Engineering Works Code
A review of the proposal against the Works Code with regard to carparking indicates that:
. Type 1 Food & Beverages uses have a minimum carparking requirements of 1 space
-
per 10m2or part thereof, of use area and outdoor dining area (excluding kitchen and food
storage areas) on the property.
. Type 2 Shop and Salon has minimum requirements of one space per 15m2.
-
The subject premise has been lawfully operating as restaurant uses since 1993 with the indoor and
outdoor areas comprising:
Indoor area (kitchen): 50 m2
Outdoor dining: 111 m2
The change to the existing premises results in:
Indoor area (kitchen): 59.5 m2
Outdoor dining: 101.5 m2
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Town Planning + Urban Design Consultants
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Page 11
Proposal Report Pro osed Moterial Change of Use ofPremises for a Change to a Retail Business Type 2 Shop & Salon (caf 40 seots) to an
-
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) ot 2/50 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant: Mr Ken Morrison (Queensland)Pty Ltd
Under the current Noosa Plan, kitchen and storage areas do not add to carparking requirements. This
proposal increases the area of the kitchen and effectively reduces the outdoor dining area. Therefore no
additional carparking is required for the proposal.
5.2 Overlays
No overlays are applicable to this development
5.3 State Planning Policies
No adopted State Planning Policy are triggered by this development application.
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Town Planning + Urban Design Consultants
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Page 12
Proposal Report Proposed Material Change of Use ofPremises for a Change to a Retail Business Type 2 Shop & Salon (caf 40 seats) to an
-
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) at 2/50 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant: Mr Ken Morrison (Queensland) Pty Ltd
6 Conclusion
The above development application has been submitted to Noosa Council as the Assessment Manager of the
application under the Integrated Planning Act 1997. This application seeks a Development Permit for a
Material Change of Use of Premises to change an existing shop premises (which has been used as a
restaurant since 1993) to an Entertainment and Dining Business Type 1 Food & Beverages (Restaurant)
-
which is impact assessable development under the 2006 Noosa Plan.
This application can be supported on a number of grounds as provided in detail in the above report. These
grounds include:
. The proposed use is a consistent use in the Visitor Mixed Use zone;
. The proposed use complies with the requirements of the Noosa Heads Locality and the Business
Uses Code;
. The proposal utilises an existing building and approved outdoor dining area on the site;
. The proposed will not impact on the amenity of the area;
. The site has access to all essential community infrastructure;
. The proposal ratifies a use that has been operating on the site for over 20 years;
. Sufficient grounds have been provided in the report in relation to carparking demonstrating that
no further carparking or a monetary contribution are required.
The Assessment Manager’s favourable consideration of the above development application is therefore
recommended.
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Page 13
Proposal Report Pro osed Material Change of Use of Premises for a Change to a Retail Business Type 2 Shop & Salon (caf 40 seats) to an
-
Entertainment and Dining Business Type I Food & Beverages (Restaurant 70 seats) at 2/50 Hastings Street Noosa Heads
described as Lot 2 on SP I 08800
Applicant: Mr Ken Morrison (Queensland) Pry Ltd
Annexures
Appendix A: Development Plans for the Proposal
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~~ martoo consulting -
Town Planning + Urban Design Consultants
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