Info Request DAINFOREQ MCU15/0091 12927703 151230 140404

Officer	Jack Lewis
Direct Telephone:	5329 6236
Our Reference	MCU15/0091
Your Reference	15027
24 December 2015

Ganian Polo Pty Ltd
C/- DFS Group
PO Box 605
MAROOCHYDORE  QLD  4558

Dear Sir/Madam

Information Request
Sustainable Planning Act 2009

I refer to your application and advise that Council requires further information to satisfactorily assess the proposal.
application details
Application No:	MCU15/0091
Proposal:	Development Permit for Material Change of Use - Entertainment & Dining Business Type 1 - Food & Beverages
Street Address:	Offshore Noosa 287 Gympie Tce NOOSAVILLE  QLD  4566
Real Property Description:	BUP 106812
information required
The information requested is set out below:

Unapproved Building Works
A search of Council’s records, indicate there are no planning or building approvals associated with the awnings over the proposed licenced area. A copy of the approved landscaping plan is attached as Appendix 1. The plans were revised to remove any mention of outdoor dining or structures in front of the tenancy, as the development did not provide additional carparking spaces associated with the use area.

Information Required
Please provide detailed floor and elevation plans of any existing or proposed awnings over the proposed licenced area.

Equitable Access and Facilities
The plans have not been assessed for compliance with the requirements of the National Construction Code - Building Code of Australia (BCA Volume 1) as they relate to people with disabilities. Your attention is also directed to the fact that in addition to the requirements of the National Construction Code as they relate to people with disabilities, one or more of the following may impact on the proposed building work:
the Disability Discrimination Act 1992 (Commonwealth);
the Anti-Discrimination Act 1991 (Queensland); and
the Disability (Access to Premises – Buildings) Standards.

Information Required
Specific Outcome O61 of the Noosaville Locality Code requires all ramps and accessways to commercial premises are wholly contained within the premises. Please indicate whether any additional building works are required to comply with the relevant requriements relating to people with disabilities for the proposed increase in use area, and if required please provide plans indicating compliance with the Locality Code.

Carparking
A search of Council’s records, indicate the existing shop has a credit of 8 car parking spaces (existing 145m2 shop @ 1:20m2 up to 100m2 (5) & 1:15m2 thereafter (3)).

Based on the proposed licenced area of 167m2 and the current carparking rate of 1 space per 10m2 for a restaurant, the development requires a minimum of 17 spaces (9 additional). No additional on-site parking have been proposed to accommodate the additional use area.

At Council’s Ordinary Meeting on the 26 June 2014, it was resolved to prepare a detailed report addressing the feasibility of accepting contributions in lieu of the provision of off-street parking within each locality and, in the interim, not generally accept monetary  contributions in lieu of the provision of off-street parking. Although Council has decided to not generally accept a monetary contribution, in some instances it may be appropriate to enter into an infrastructure agreement for carparking contributions, based on the previous Planning Scheme Policy 13 – Contributions in lieu of Provision of Off –Street Parking (see MCU14/0053).

Please note the contribution rate for Noosaville was $13,500 per space, plus CPI (base date June 2006).

Information Required
The proposed licence area does not reflect the current kitchen layout and retaining structures within the outdoor dining area. Please amend the plans to more accurately reflect the total use area associated with the restaurant (excluding kitchen and food storage areas).

Note: if the dining area is restricted to 80m2, there is no requirement for any additional carparking bays to be provided.

Once a revised plan and the total carparking in shortfall has been established, please contact Council to obtain an infrastructure agreement template for providing a contribution in lieu of providing off street parking bays. This document should be signed by the owner of the property and returned as part of the response to information. This will then be considered by Council as to whether it is appropriate to enter into the agreement in this instance.

Noise
The Noosa Plan’s provisions seek to protect the neighbour’s residential amenity. The proposed licence areas adjoins existing residences within the resort and the body corporate has previously indicated their concern with any increase in trading hours.

Information Required
The development must demonstrate outdoor use areas can operate without adverse impacts on surrounding residents. Please provide a noise impact assessment, demonstrating the use will not exceed background + 5dBA before 10pm and background + 3dBA after 10pm at sensitive receptors.

Signage
The Advertising Devices Code includes restrictions on the number, size and type of signage allowed within residential zones.

Information Required
Please provide a signage layout plan for the site, including any existing and proposed signs.

End of Information Request

Under the provisions of the Sustainable Planning Act 2009, you have three options available in response to this Information Request. You may give the assessment manager (in this instance Council) and each referral agency (if any):

all of the information requested; or
part of the information requested together with a letter asking the assessment manager and each referral agency to proceed with the assessment of the application; or
a letter;
stating that you do not intend to supply any of the information requested; and
asking the assessment manager and each referral agency to proceed with the assessment of the application.

Please be aware that under Section 279 of the Sustainable Planning Act 2009 the applicant must respond to the Information Request within 6 months of the request or otherwise the application lapses.

Should you have any further queries in relation to the above, please do not hesitate to contact Jack Lewis on the above number.

Yours faithfully

Jack Lewis
DEVELOPMENT PLANNER
Appendix A – Landscaping Approval

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PO Box 141		P. (07) 5329 6500	[email protected]	
	TEWANTIN  QLD  4565	F. (07) 5329 6501	www.noosa.qld.gov.au
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MCU15/0091

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Raul Weychardt (07) 54495266
19 August, 1997

GREG GIBBS ARCHITECTS

PO BOX 1272

NOOSA HEADS QLD 4567

Dear Greg,

Re: Revised Landseaping for Off-Shore Noosa by Kimlin Enterprises

refer tothe recently submitted landscaping plans forthe above project.

1 wish to advise thatthe landscaping plans in their revised forms, are considered to be
satisfactory. One amendment is for a replacement of the Melaleuca bracteata with
Melaleuca quinginerva,

Attached is an amended plan stamped for approval purposes:

Yours faithfully,

Raul Weychardt

MANAGER OF PLANNING


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