Development Application For A Material Change Of Use Retail Business - Type 2 Shop & Salon At Unit 3, 9 Lionel Donovan Drive, Noosaville - MCU15/0116

DEVELOPMENT APPLICATION FOR A MATERIAL CHANGE OF USE RETAIL BUSINESS - TYPE 2 SHOP & SALON AT UNIT  3, 9 LIONEL DONOVAN DRIVE, NOOSAVILLE - MCU15/0116

Document information

Author	Coordinator Planning, Denis Wallace
Planning & Infrastructure Department

Index	ECM / Application / MCU15/0116

Attachments	1. 	Proposal Plans

APPLICATION DETAILS
Applicant	Glenroe Holdings Pty Ltd Tte
Proposal	Development Permit for Material Change of Use of Premises - Retail business Type 2 - Shop
Properly Made Date	17 December 2015
Information Request Date	14 January 2016
Information Response Date	14 April 2016
Decision Due Date	15 June 2016
Number of Submissions	19 (in support)

PROPERTY DETAILS
Property Address	Unit 3, 9 Lionel Donovan Drive Noosaville
RP Description	Lot 3 SP119455
Land Area	232 Square Metres
Existing Use of Land	Industry

STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Noosaville
Zone	Industry
Assessment Type	Impact

RECOMMENDATION
That Council note the report by the Coordinator Planning to the Planning & Environment Committee Meeting dated 7 June 2016 regarding Application No. MCU15/0116 for a Development Permit for Material Change of Use for a Retail Business – Type 2 Shop and Salon situated at Unit 3, 9 Lionel Donovan Drive, Noosaville and:
A.	Approve the application in accordance with the following 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
-	-	Proposal Plan prepared by RG Strategic	07/12/15
Nature and Extent of Approved Use
The approved retail use may only operate in association with an industrial (catering) business operating from the subject tenancy.
The shop/café and outdoor dining use areas must not exceed the areas shown on the approved plan.
Street Identification
The street address of the development must be clearly visible and discernible from the primary frontage of the site by the provision of a street number and, where appropriate, the building name.
B.	Find the following are sufficient grounds to justify the decision despite the conflict with the Planning Scheme:
The retail food business helps meet the needs of workers in the immediate area.
The retail use is associated with an industrial (catering) uses on the site.
The use will not impact significantly on existing retail businesses in Noosa due to its minor scale.

REPORT
PROPOSAL
The application seeks development approval for a Material Change of Use of Premises for a Retail Business – Type 2 Shop & Salon in relation to a component of the existing business at Unit 3, 9 Lionel Donovan Drive, operating as the Kitchen Shed.  The application seeks to ratify the Kitchen Shed’s retail shop/cafe component on the site which sells food and beverages to the public. On-site seating is proposed to be limited to 10 seats in accordance with The Noosa Plan’s land use definition for a Retail Business – Type 2 Shop & Salon, being:

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 cleaning and a café with dining facilities for up to 10 people.

The applicant’s description of the proposal includes:

On site storage, production kitchen and administration provide for the operation of the Kitchen Shed’s primary business which is wholesaling food and beverage directly to restaurants, off site function and event catering, production kitchen for Gaston’s restaurant, and the provision of such product from onsite as a shop / café with seating for up to 10 persons.

The shop as defined provides the opportunity for the product produced or wholesaled from Kitchen Shed to be available for customers to purchase and if they choose sit on site and consume. Provision has been made for up to 10 chairs and a table to enable this to occur.

Hours of operation for the shop are from 7am – 3pm Monday to Friday, to coincide with the worker activity within the Lionel Donovan Drive precinct. You are able to purchase a coffee, freshly baked product or sandwich and takeaway or eat on site. This use as a shop is ancillary to the primary focus of the industrial use and as such only uses 19.7m2 [subsequently amended to 14.7m2] of the Gross Floor Area of the development.

An extract from the proposal plan is shown in Figure below, with the green and pink areas nominated by the applicant as the shop use areas and the balance being the compliant industrial floor space. Note the tenancy is 232m2 in total and includes an upper floor office and storage area.

Figure 1 – Proposal Plan Extract

The full proposal plan is included as Attachment 1.  No additional works are proposed, with the shop fitout already complete. A photograph of the existing retail shop component is shown in Figure 2 below. The application also seeks a reduction in the application fee, as detailed later in this report.

Figure 2 – Kitchen Shed retail food counter viewed from front entrance
site details
Background
The existing industrial building on the site was constructed around 1999.  Council issued development permit 18477 DA for Warehouses on the site in February 2000.

Prior to the business establishing at the site Council received a formal request for written planning advice seeking confirmation the business could establish under self-assessable provisions for an industrial use, and including proposal plans.  Council responded by letter dated 22 April 2016 advising that the sale of food and beverages for consumption on premises is separately defined as a shop/café use.

In August 2015 Council received a complaint indicating the business was operating without approval.  Council’s Development Compliance Officer wrote to the operator on 19 August 2015 advising the use should cease or a development application be lodged.
Site Description
The site is an existing tenancy within an industrial development.  The building has a floor area of approximately 650m2 and is divided into 3 tenancies, with the subject tenancy being 232m2.  14 car spaces are available at the front of the building on a large concrete apron.  The public entrance to the Kitchen Shed is through a roller door.

Surrounding Land Uses
The site is surrounded by a mix of motor vehicle uses and industry uses within the Lionel Donovan Drive motor vehicle precinct.  The neighbouring site to the east is vacant.  An aerial photograph of the site and its surrounds is shown in Figure 2 below.

Figure 2 – Aerial Photograph of Site
assessment
Instruments for Statutory Assessment
Under the Sustainable Planning Act 2009 the application must be assessed against each statutory planning instrument relevant to the development, which for this application include:
The Single State Planning Policy;
the South East Queensland Regional Plan;
State Planning Regulatory Provisions;
the Planning Scheme for the local government area; and
Assessments against these are discussed in the sections that follow.
State and Other Statutory Instruments
State Planning Policies
Not applicable.
South East Queensland Regional Plan
The site is located within the Urban Footprint area of the SEQ Regional Plan. The proposal is consistent with the regional policies of the SEQ Regional Plan 2009 – 2031 and the associated Regulatory Provisions.
Statutory Instruments – Planning Scheme
The site is located in the Noosaville Locality and is zoned industry.  The proposed retail use is identified an inconsistent use within the zone and required to follow an impact assessable application process.
Locality Provisions
The Overall Outcomes sought for the zone under the Noosaville Locality Code state:
For the Industry Zone—land in this zone—
consists of the Noosaville Industrial Estate, being Noosa’s principal industrial centre;
is protected for industrial functions including Industrial business Type 2 to the exclusion of incompatible uses including Residential Uses, Community Uses, Commercial business and most sport and recreation uses and Retail business uses;
has high accessibility to arterial roads and the Bruce Highway;
does not accommodate uses that would harm the environment through excessive noise, odour, dust, or other waste;
is developed in a fashion that does not detract from the character of its locality or impact on the major road network;
provides important industries and service-related businesses to the whole of Noosa, but particularly the coastal area and the north-east area of the former Maroochy Shire; and
provides for a high level of runoff water quality to Eenie Creek and Lake Doonella;
The shop/café use raises conflicts with (ii) above and therefore raises a high-level planning scheme conflict for which the Sustainable Planning Act requires there must be sufficient grounds to overcome the conflict if the application is to be supported.  The applicant recognises the conflict and identifies the following grounds:
whilst the proposal comprises an inconsistent use, this use is not considered to be ‘incompatible development’. Takeaway food establishments are not uncommon in industrial areas, serving the needs of a range of tradespersons and employees working in the nearby area;
the Use Area of the inconsistent shop relates to a total of 19.7m2 [now 14.7m2] which is a minor portion (approx. 5%) of the overall use area;
the proposal will provide workers with choice and quality options for lunches, thus providing a desirable social outcome for the local workforce;
the proposal, in providing for conveniently located retail services, provides the opportunity for increased walkability – contributing to contemporary triple bottom line considerations; and
the proposed development will neither compete with nor, as a result, threaten the viability of existing large format retailers. Rather, it will be a proportionate complement to the higher order retailing that already services the identified Trade Area’s population.
In all, the main existing use (which represent 95% of the development footprint) comprise ‘consistent’ uses within the Industry Zone and by nature fundamentally support the Overall Outcomes for the Noosaville locality. The ‘inconsistent use’ proposed is minor in nature, ancillary to and complimentary with the main uses.
The application notes a recent development approval MCU14/0102 for a service station, shop, tradies café and industrial tenancies at nearby land fronting both Eumundi Noosa Road and Lionel Donovan Drive identified a need for a tradies café in the area to service the needs of workers in the catchment.  However, subsequent changes to that approval deleted the trade café use and replaced it with a KFC fast food outlet with drive through.  The applicant states:
As detailed within Council’s own reporting there is a need for a café to service the Lionel Donovan precinct. The applicant’s proposed cafe will meet this need for more and better lunchtime options for the local workforce. It is easily accessible for pedestrian access, operates hours that are complementary to the businesses within the precinct, and has a floor space which is minor and significantly under that which council’s [previously reported as] sustainable.
The grounds to allow the use identified by the applicant are broadly supported.  The proposal does represent a minor non-conforming component of the Kitchen Shed business and the overall development within the complex.  The Kitchen Shed operation has been inspected and observed to be performing bone fide industrial functions, which the applicant states include:
Food preparation and production for Gaston’s Restaurant.
Food preparation and production for Kitchen Shed catering.
Facilities and equipment for hire for food producers to undertake food preparation in an approved and licensed kitchen.
Storage of equipment for both Gaston’s and Kitchen Shed’s off site catering, i.e. tables, chairs, crockery and glass wear etc.
Wholesale supplier and distributor of specific restaurant products to other restaurants and caterers, i.e. coffee, beverages.
The application material also provides customer survey feedback, which it says demonstrates customers predominantly work in the immediate area and are buying lunch to eat off site.
It is considered the Kitchen Shed shop/café does help meet the needs of workers in the catchment, particularly those within the Lionel Donovan Drive precinct. The approved KFC fast food outlet may meet some needs for local workers but not to the extent of the previously proposed tradies café on that site. The proposed retail use is supported, with grounds to overcome the planning conflict identified in the recommendation section of this report.
Land Use & Works Provisions
The following codes which regulate land use and design are most applicable to this application:
Business Uses Code
Driveways & Carparking Code
The application has been assessed against each of the above applicable codes and can comply subject to standard conditions.  The small net use area of the café does not trigger a requirement for additional parking spaces.
cONSULTATION
IDAS Referral Agencies
Nil.
Other Referrals
Nil.
Public Notification
The application was publicly notified for 15 business days in accordance with the Sustainable Planning Act 2009. 19 properly made submissions were received. All submissions were in support of the development and completed on a template pro-forma stating the following:

The statements made in the submissions are noted and generally supported.

conclusion
The application seeks approval for a shop/café, which is identified as an inconsistent use with Noosaville’s Industry zone under The Noosa Plan. The Kitchen Shed operation has been inspected and observed to be predominantly a bona fide industrial business for storage and processing associated with Gaston restaurant and an off-site catering business. The shop/café use is a minor component and meets identified need for a lunch facility in the area. In particular, for workers in the Lionel Donovan motor vehicle precinct.

It is considered sufficient grounds exist to support the application, despite the planning conflict, and these are identified in the recommendation section of this report. The application is recommended for approval, subject to conditions.

Departments/Sections Consulted:

	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer to the Mayor & CEO		Community Facilities		Financial Services
	Executive Support		Community Development		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property & Facilities
			Waste & Environmental Health		Revenue Services
					
	Executive Office	X	Planning & Infrastructure		
	Community Engagement		Building & Plumbing Services		
	Customer Service		Civil Operations		
	Economic Development		Infrastructure Planning & Design		
	Governance	X	Planning & Environment		
	Human Resources		Strategic Land Use Planning		
	Sustainability				

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	7 JUNE 2016

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3. Details of Submission

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| support the application for the establishment ofa shop (take away) at the above mentioned address, The use
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Located within a precinct that at present has limited opportunities for workers meals and as such there is aneed, _

It is suitably located to enable walking lessoning the impacts of cars and requirements for car parking,
All food products sold are produced on site, and
Providing economic opportunities for employment and diversification of economic activities.