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MCU16/0090.02 - Minor Change To The Existing Approval For The Purpose Of Providing A CafÉ For Guests Of The Community Use – Wellbeing – Type 2 Social On Land At 468 Mckinnon Drive, Cooroibah · Attachment 2 – MCU16 0090.02 – Planner’S Report
ATTACHMENT 2 – MCU16/0090.02 – PLANNER’S REPORT REPORT 1. PROPOSAL The applicant seeks approval to change an existing development approval for the purpose of providing a café on the site for staff and clients of Sunshine Butterflies Inc. Sunshine Butterflies is a disability support service and charity. By providing the service of food and drink this will provide members the opportunity to learn about hospitality, forming part of one of the many Sunshine Butterflies programs. The café is to be ancillary to the existing Community Use approved on the site and will be restricted to serving the refreshment needs of on-site staff and clients of Sunshine Butterflies. The café will not be open to the general public. The café will operate from part of an existing building currently used for storage purposes and informally, a limited range of food and drink, with an extension on the western side of the building. The building will be retrofitted for the purpose of the café. The existing building is proposed to be renovated and extended to the west for an additional area of 42.85m2, comprising of a kitchen, cold room, deck and ramp extension. The following images detail the Locality Plan, previously approved plans and proposed plans. Figure 1 – Locality Plan Page 1 of 8
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Figure 2 – Original Approved Site Plan
Figure 3 – Approved Site Plan associated with GIA Approval
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Figure 4 – Proposed Site Plan
Figure 5 – Floor Plan
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Figure 6 - Elevations
2. BACKGROUND
On 15 December 2016, a development permit was approved by Council for the purpose of
Wellbeing Type 2 – Social. The development approval was assessed and issued under the Noosa
Plan 2006. Under the 2006 Scheme, the approved land use was defined as a Community Use,
Wellbeing – Type 2 Social, meaning - The use of premises for the gathering of people for
networking, support, common pastimes, exercise, charitable work or companionship. The term
does not include a commercial club, indoor entertainment or sports and recreation. While the
premises may accommodate the making of items that are later sold it is not a business use nor is
it used for profit making enterprises. The use includes arts and craft, community meeting room,
CWA.
The original approval triggered impact assessment and received 3 properly made submissions; 1
objection, 2 in support.
On 17 August 2017, an Operational Works Development Approval was issued for roadworks,
earthworks and drainage.
On 11 September 2018, a Show Cause Notice was issued, in respect of outstanding roadworks
within the State-controlled road reserve and other conditions of the development approval relating
to landscaping, site access, car parking, traffic management, stormwater drainage and refuse
storage. Conditions 6, 7, 9, 12 to 19 and 26 and Referral Agency Conditions. A final inspection
letter was issued on 3 September 2019 accepting all works was compliant with the development
permit.
On 3 September 2020, a Generally in Accordance Letter was issued for the purpose of providing
a revised site plan. The revised site plan more accurately depicted the location of the Training
Room, the Amenities Block and Activity Shed, as the approved plan did not clearly label the plans
of use.
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3. ASSESSMENT
3.1. 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;
• The Noosa Plan.
The following codes from the Noosa Plan 2006 are applicable to this development:
• Community Uses Code
• Landscaping Code
• Engineering Works Codes
• Biodiversity Overlay Code
• Natural Hazards Overlay Code
3.2. Statutory Process
The applicant has requested to make a minor change to a development approval under s78 of the
Planning Act 2016. An application for a minor change to a development approval can only be made
in circumstances where a change would constitute a ‘minor change’.
The proposed change to the development approval requested by the applicant is determined to
constitute a minor change on the grounds that:
• the development would not result in substantially different development as the development
relates to an extension of the existing approved use;
• the change does not include prohibited development;
• the change would not require the application to be referred to an additional referral agency
or cause a referral agency to have regard to new matters prescribed by regulation;
• where the original application was code assessable, the change would not cause the
application to become impact assessable.
3.3. Statutory Instruments – Planning Scheme
The original development approval issued over the premises was approved under the Noosa Plan
2006. The change application is to be assessed under the Noosa Plan 2006, and regard be given
to the current planning scheme in effect i.e., Noosa Plan 2020.
Development for the purpose of a Community Use (Wellbeing – Type 2 Social) was and is
inconsistent with the intent of the Rural Zone of the Noosa Plan 2006 and Noosa Plan 2020.
Assessment of the original application included regard to the planning need, and compatibility with
the surrounding area, and was subsequently approved by Council subject to conditions.
Condition 1 – Approved Plans
1. 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
L002 A Landscape Concept Plan, prepared by Sunshine Gardens 20.9.2015
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Applicant’s Request
Amend Condition 1 of the development permit to include additional plans in the schedule of
approved plans listed in the condition. The amended schedule of approved plans is to be as follows:
Plan No. Rev. Plan/Document Name Date
L002 A Landscape Concept Plan, prepared by Sunshine Gardens 20.9.2015
SK02 E Sunshine Butterflies Private Café – Site Plan -
SK03 E Sunshine Butterflies Private Café – Demolition Floor Plan -
SK04 E Sunshine Butterflies Private Café – Ground Floor Plan -
SK05 E Sunshine Butterflies Private Café – Elevations – Sheet 1 -
SK06 C Sunshine Butterflies Private Café – Sections – Sheet 1 -
Assessment of Request
At the time of the original assessment, it was noted that many of the services offered were of a
rural nature typically seen in the rural residential areas and therefore the Overall Outcomes were
considered to offer some support for the use. It was also noted that the original proposal was
compatible with the surrounding area being of rural/semi-rural character utilising large open spaces
in a bushland setting for the farm-based activities.
The inclusion of a café on the site, ancillary to the Community Use, complements the existing
development and provides an appropriate service to persons attending the site that are associated
with the existing use. Furthermore, the additional built form will not have a detrimental impact on
the surrounding area.
Notably, the change incurs additional car parking spaces in accordance with the Driveways and
Parking Code. The total use area, excluding the kitchen equates to an additional 5 spaces to be
accommodated on the site.
In recognition of the proposed change not being open to the general public and being
supplementary to existing attendees to the site, additional car parking spaces are not considered
necessary. The number of approved spaces required under the prior approval are to remain. It is
recommended that prior to the use commencing, the location of the 21 spaces is to be detailed on
a properly prepared plan and provided to Council for endorsement.
It is recommended that Condition 1 be amended to read as follows:
Approved Plans
1. 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
L002 A Landscape Concept Plan, prepared by Sunshine 20.9.2015
Gardens
SK02 E Sunshine Butterflies Private Café – Site Plan 11 April 2023
(dated by
Council)
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SK04 E Sunshine Butterflies Private Café – Ground Floor Plan 11 April 2023
(dated by
Council)
SK05 E Sunshine Butterflies Private Café – Elevations – Sheet 1 11 April 2023
(dated by
Council)
SK06 C Sunshine Butterflies Private Café – Sections – Sheet 1 11 April 2023
(dated by
Council)
Condition 2
2. The approved use is Wellbeing Type 2 – Social being for a respite centre for people living
with disabilities and their families and associated ancillary office and agricultural uses. The
approval does not include a cafe.
Applicant’s Request
Amend Condition 2 of the development permit to replace the second sentence with a new
sentence, worded to permit an ancillary café as proposed herein. It is proposed that the amended
Condition 2 is to provide as follows:
2. The approved use is Wellbeing Type 2 – Social being for a respite centre for people living
with disabilities and their families and associated ancillary office and agricultural uses. The
approval includes an ancillary café (serving only the needs of staff and clients of the approved
use, and not open to the general public).
Assessment of Request
The original application proposed a café on site, the application material did not demonstrate that
the café was to be limited to persons attending the site associated with the approved uses. When
the approval was issued it was conditioned that it did not include a café.
The inclusion of a café supports the existing use and is concentrated to a developed portion of the
site. It is recommended that the condition be amended as proposed by the applicant to ensure the
café remains ancillary to the Wellbeing use. With the café being ancillary to the existing operations
there will be no increase in the number of people attending the premises and therefore it will remain
of a scale in-keeping with the existing operation. Further to this, there are existing approvals in
place which require landscaping with an averaged width of 3 metres along the frontage of the lot
which limits the extent of structures being visible from the roadside.
It is recommended that condition 2 will be amended as requested.
4. CONSULTATION
4.1. Referral Agencies
The original development approval required referral to the State Assessment Referral Agency
(SARA), which was approved subject to conditions. The widening of the road shoulder has since
been carried out.
The current application did not require referral.
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5. CONCLUSION & REASONS FOR DECISION
The extension to the Community Use is to provide staff and clients with food and drink, a service
ancillary to the established use. As discussed in the report, the changes incur additional car parking
spaces in accordance with the Planning Scheme. Although in considering the use is not open to
the travelling public and is not to be advertised, the café will serve those on the premises
associated with the community service, and does not generate additional car parking demand.
The proposal results in changes to numerous conditions of the current approval, with the inclusion
of new conditions to mitigate and manage the scale and intensity of the café. While the existing,
approved use remains inconsistent with the Rural Residential Zone, the inclusion of the café does
not raise conflict with the reasons of approval for the original development. The inclusion of a café
ancillary to the Community Use is considered to complement the development and is
recommended for approval.
Departments/Sections Consulted:
Mayor Community Services Corporate Services
Councillors Director Director
Community Development Financial Services
Chief Executive Officer Community Facilities Fleet
Executive Support Libraries & Galleries ICT
Local Laws Procurement
Waste & Environment Health Property
Revenue Services
Executive Services Environment & Sustainable Development Infrastructure Services
Director X Director Director
Community Engagement Building & Plumbing Services Asset Management
Customer Service X Development Assessment Buildings & Facilities
Governance Economic Development Civil Operations
People & Culture Environmental Services Disaster Management
Strategic Land Use Planning Infrastructure Planning,
Design & Delivery
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