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Planning Statement

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Our Reference:        02903 L02 NG
M2C Contact Person:   Nadine Gorton



7th October 2020



Chief Executive Officer
Noosa Council
PO Box 141
TEWANTIN QLD 4565


Attention: Planning and Development Section

Confidential Email Transmission: [email protected]
Original in Post: No



Dear Sir/Madam,

RE:      LODGEMENT OF A DEVELOPMENT APPLICATION
Material Change of Use – Development Permit Material Change of Use Food and Drink Outlet
located at Shop 2 and 3/ 1 Arcadia Street, Noosa Heads and described as Lot 232 on RP95668.

Martoo Consulting has been engaged by the owner of the site to submit a development application
seeking a Material Change of Use for a Food and Drink Outlet for a restaurant and associated outdoor
dining area. The Noosa Council is the Assessment Manager for this development application under
the Sustainable Planning Act 2009.

The applicant seeks approval to utilise the existing commercial shops for a cafe/restaurant and
outdoor dining.

This letter supports the above development application by explaining the site and the applicant’s
rationale for the proposed land use and concludes by providing our brief town planning assessment of
the proposed extensions.


THE SUBJECT SITE

The site comprises two existing commercial tenancies located at shop 2 and 3/ 1 Arcadia Street,
Noosa Heads and described as Lot 232 on RP95668. The subject tenancies are located in an existing
single storey building which was constructed sometime in the early 1980’s and extends from Lanyana
Way, Arcadia Street to Sunshine Beach Road. The subject tenancies have been used for a number of
commercial uses including shops and most recently a travel agency known as Gregor and Lewis.

The two tenancies have a combined indoor area of 92m2 and access to public infrastructure including
water, sewer and underground telecommunications and overhead electricity supply.

The site located in the commercial area of Noosa Junction and is surrounded by commercial uses
including restaurants, cafes and retail shops. It is noted that the adjoining site to the south is currently
utilised as a restaurant and outdoor dining area (Telephone call from Istanbul) with similar restaurants
with outdoor dining located on the opposite side of the road. The tenancy directly adjoining the site to
the south (4b) has been approved for a restaurant and outdoor dining under MCU18/0144.

The aerial photograph below in Figure 1 illustrates the sites location and surrounding uses.
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                                                                     Subject site




Figure 1- Aerial Photograph illustrating site and surrounds.




Figure 2- Photograph illustrating existing uses in Arcadia Street.

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THE DEVELOPMENT APPLICATION

This application seeks approval to utilise shop 2 and 3 and the adjoining outdoor paved area on site
for café/ restaurant purposes. The proposal includes:

         24m2 is proposed to be used for kitchen and storage areas;
         64m2 is proposed to be used for indoor seating and dining
         24m2 external area to be used for outdoor dining.

Proposal plans prepared by Clo Studios are included in Attachment A.


NOOSA PLAN 2020

The site is included in the Major Centre zone and the Noosa Junction Hospitality precinct with the
assessment table for the zone detailing that Food and Drink Outlet uses are consistent uses and
acceptable development in the zone and do not require approval where located in a building that has
been approved for shop or office uses. The assessment table however details that any expansion or
new outdoor use area is code assessable development. This application involves a new outdoor dining
area on the site and therefore an application to Council is triggered.




Figure 3 Extract of Zoning Map

The Noosa Plan 2020 indicates that Food and Drink Outlets are to comply with the following codes:

               Noosa Heads Local Plan Code;
               Major Centre Zone Code;
               Business Activities Code; and
               Works Codes.

The proposal has been reviewed against the relevant Codes and is generally considered to comply
with the specific outcomes. The proposed outdoor dining area is consistent with the character that the
Council and the community is seeking for the area. The Noosa Plan details that the zone is to provide
areas of outdoor dining at the ground level to activate street frontages and the proposed outdoor
dining achieves this activation.

The outdoor dining complies with the Business Activities Code which provides specific reference to
Outdoor dining areas. The Code includes:

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Performance Outcomes                       Acceptable Outcomes

Outdoor                         areas
PO7                                        AO7                                       Complies - Site located within
Outdoor areas, including balconies         Outdoor areas and roof top areas          commercial area of Noosa Junction.
and rooftops, used for business            used for business activities are          Nearest residential property is
activities are located, designed and       located away from sensitive land uses     approximately 130 metres away.
operated to avoid causing nuisance to      and are generally oriented towards        Existing building shields area to the
adjoining or nearby sensitive land         the street.
                                                                                     residential area to the north east.
uses.
Outdoor           Dining        areas
PO8                                        AO8.1
Outdoor dining areas are designed          Walls to outdoor dining areas             No walls proposed
and       located    so     that:          are:

 1.   structures are aesthetically          1.   if facing a roadway or other
       pleasing and in keeping with the          public area, transparent and
       existing character of the area,           don’t restrict airflow;
       including the architecture of the    2.   separated from the floor and
       associated building;                      any roof by a minimum vertical
 2.   outdoor dining adds to the                 gap of 500 millimetres; and
       streetscape without increasing       3.   if detachable or collapsible, are
       perceived building bulk;                  only used during inclement
 3.   temporary walls or roofs                   weather.
       are retracted when not in use
       and secured at all times;           AO8.2
 4.   the use does not pose a health       Roof, walls or other structures do        No walls proposes. Existing roof to
       and safety risk to patrons;         not    extend      beyond      the        be maintained and not altered.
 5.   adequate air movement is             boundaries of the premises.
       available; and
 6.   structures do not impede the         AO8.3
       movement of pedestrians or          Outdoor        dining       areas:        Proposal able to comply. Existing
       vehicles.                                                                     pavement not to be altered.
                                            1.   have a non-slip surface which is
                                                 water resistant and not raised;
                                                 and
                                            2.   ensures that where heating is
                                                 provided it does not present a
                                                 physical risk to diners or pose a
                                                 fire risk to the surrounding
                                                 buildings and structures
                                                 (braziers are not permitted).

                                           AO8.4
                                           Outdoor dining areas include soft         Existing mature tree to be retained
                                           landscaping integrated   with     the
                                           outdoor dining environment to create
                                           an ambient atmosphere for diners.




The Noosa Plan 2020 details a carparking rate of 1 space per 20m2 of use area and outdoor business
area, excluding kitchen and food storage areas. The table below details carparking assessment for the site.

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Page 5




Proposed Use                                    Rate                 Spaces required         Existing Credit


- 24m2: internal kitchen and storage areas      0 spaces             0 spaces

- 68m2: internal dining                         1space /20m2         3.4 spaces

- 24m2: outdoor dining area                     1 space/20m2         1.2 spaces

Total                                                                4.6 spaces

Existing Use                                    Rate                 Spaces required         Existing Credit

- 92m2: existing office premises                1space/20m2                                  4.6 spaces


As detailed in the table above, no additional carparking is required for the proposed use.

The proposed outdoor dining is consistent with the character and intent of the Noosa Junction Hospitality
Precinct and is recommended to be approved.

This development application has been prepared in accordance with the Sustainable Planning Act
2009 and is being lodged electronically. The following documents are attached with this application:

         1.    Proposal plans prepared by Clo Studios;
         2.    Completed IDAS Forms 1 and owners consent; and
         3.    Council application fees will be paid separately.

Please contact our Sunshine Coast office if you require any further information and/or clarification in
relation to this proposal.


Yours sincerely,




Nadine Gorton
Senior Planner
martoo consulting pty ltd

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Page 6




ATTACHMENT A___________________________________________________________________

PROPOSAL PLANS


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