Council Report MCU19 0134

MCU19/0134 – development application for material change of use – entertainment & dining business type 3 bar at 5 taylor court, cooroy

Document information

Author	Development Planner, Billy Glover
Environment and Sustainable Development

Index	MCU19/0134

Attachments	1. 	Proposal Plans
2. 	Approved Site Plan for 39 industrial tenancies

APPLICATION DETAILS
Applicant	BNB Super Pty Ltd
Proposal	Material Change of Use - Entertainment & Dining Business - Type 3 Bar
Properly Made Date	1 November 2019
Information Request Date	28 November 2019
Information Response Date	10 December 2019
Decision Due Date	19 March 2020
Number of Submissions	0
PROPERTY DETAILS
Property Address	5 Taylor Ct Cooroy Qld 4563
RP Description	Lot 5 SP 197517
Land Area	Lot 5 SP197517		10,530.66m2 Tenancy 1			146.7m2 Tenancy 11 		77.82m2
Existing Use of Land	39 Industrial Tenancies (under construction)
STATUTORY DETAILS
SEQRP Designation	Urban Footprint
Locality	Cooroy & Lake Macdonald
Zone	Industry
Overlays	Natural Hazard (Bushfire) Resource (Resource separation area & Water Supply Catchment)
Assessment Type	Impact
RECOMMENDATION
That Council note the report by the Development Planner to the Planning & Environment Committee Meeting dated 10 March 2020 regarding Application No. MCU19/0134 for a Development Permit for Material Change of Use - Entertainment & Dining Business - Type 3 Bar, situated at 5 Taylor Ct Cooroy and:
A.	Refuse the application for the following reasons:
The proposed Entertainment & Dining Business – Type 3 Bar use is identified as an inconsistent use in the Industry Zone of the Cooroy & Lake Macdonald Locality.
The proposed site is not suitable for the commercial use being located outside of the Cooroy business centre, in an isolated location, with no pedestrian connectivity or accessibility to public transport for patrons to the bar contrary to Specific Outcomes O30 and O31 and Overall Outcomes d) and f) of the Business Uses Code.
The proposal is contrary to Overall Outcomes a) and pp) i of the Cooroy & Lake Macdonald Locality as the proposed bar:
will potentially undermine the intended use of the land in Taylor Court for industrial uses to the exclusion of inconsistent uses; and
conflicts with the approved industrial uses on the site and hinder industrial uses operations.
The applicant has not satisfactorily addressed that there is sufficient car parking on site for the proposed use, with limited opportunities for street car parking.
The proposed use is specifically identified as an inconsistent use on the site under the draft planning scheme as industrial land in Taylor Court is intended to be used for industrial functions only to the exclusion of retail and commercial uses.
B.	Advise the applicant may wish to establish a tasting area that is ancillary but incidental and subordinate to the approved industrial use. Such an ancillary component would not include the sale of beverages for consumption on site.
C.	Note the report is provided in accordance with Section 63(5) of the Planning Act 2016.

REPORT
PROPOSAL
The application seeks a Development Permit for a Material Change of Use - Entertainment & Dining Business - Type 3 Bar to operate in association with a Distillery industrial business.
The applicant describes the proposal as follows:
The applicant intends to occupy approved tenancies 1 and 11. These tenancies will be used by 20 20 Distillery for a distillery and an associated tasting area. The proposed tasting area will occupy part of tenancy 1. The tasting area will equate to an area of 39m2 and will include a tasting bar and seating area. The balance of tenancy 1 and all of tenancy 11 will be used as a distillery. The distillery will primarily brew vodka, whiskey and gin. It is envisaged that the tasting area will only operate on Fridays and weekends.
The distillery is consistent with the definition of Industrial Business – Type 2 production, alteration, repackaging and repairing. This land use is already approved for the site via Council reference MCU18/0120. Council has confirmed that the tasting area constitutes its own land use and is defined as Entertainment and Dining Business - Type 3 Bar. It is this land use which is the subject of this application.
A total of 2 staff will be employed in the 2020 distillery business (industrial and tasting bar).
The tasting bar will operate:
3pm to midnight on Fridays;
12pm to midnight on Saturdays and Sundays.
The applicant proposes the use area of the bar is 39m2 but review by officers indicates the bar actually has a use area of 55m2.
The locality and proposal plans are included below:
Figure 1 – Site Locality

Figure 2 – Site Plan

Figure 3 – Proposed Ground Floor Areas

Figure 4 – Proposed Mezzanine Plan
site details
Background
On 21 November 2018, the following type of approval was issued for the site:
Development Permit for Material Change of Use - Industrial Type 2 Production, Alteration, Repackaging & Repairing (39 Industrial Tenancies)
Development Permit for Reconfiguring a Lot (Access Easements)
Operational Works (Roadworks, Drainage Works, Landscaping, Stormwater, Earthworks, Car Parking & Access).
Site Description
The development is located in a State designated industrial estate, south of the Cooroy township and has convenient access to the Bruce Highway. The 39 industrial tenancies are currently under construction, with tenancies 1 and 11 proposed to be used by the distillery and bar.
Surrounding Land Uses
The site is located at 5 Taylor Court, which is part of a 5 lot industrial estate. The industrial estate is surrounded predominately by rural and residential land uses and land zoned Rural under The Noosa Plan. The site has nearby vehicular connectivity to the Bruce Highway and is located approximately 2 kilometres south of the Cooroy township.
assessment
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.
State and Other Statutory Instruments
State Planning Policy
The Noosa Plan is generally consistent with the State Planning Policy July 2017 (SPP) and the SPP raises no further issues relevant to the proposed development.
South East Queensland (SEQ) 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.
Planning Regulation 2017
The following assessment benchmark from the Planning Regulation 2017 applies to the application:
SEQ Development Area
The proposal is for an urban activity within the Urban Footprint and is consistent with the assessment benchmarks contained in the Planning Regulation 2017 for the SEQ Region.
Statutory Instruments – Planning Scheme
The application must be assessed against the whole of the Noosa Plan to the extent the provisions are relevant to the development.
The subject site is located in the Cooroy & Lake Macdonald Locality and is zoned Industry. The proposed use is identified as an inconsistent use within the zone and is required to follow an impact assessable application process.
Land Use
The applicant submits the following in support of the application:
The proposed tasting area is 39m2 and occupies approximately 20% of the overall floor space of the two tenancies. The tasting room is ancillary to the primary, approved industrial use of the tenancy. There is also a reasonable expectation that a distillery would include a small tasting area to present, taste and sell product. Whilst Council has confirmed that it considers the tasting area to comprise its own specific use, it should be noted that the operation, use and function of the tasting area is wholly related to the primary use, being the distillery. The use is considered to be complimentary to and typical of a modern distillery;
The planning scheme definition of an “industrial business” permits the sale of goods resulting from the industrial activity, with up to 20% of the floor area being able to be used for this purpose. The proportion of space allocated to the tasting area is consistent with this percentage;
The site is well separated from residential uses, with the nearest house being located approximately 380m to the east, across the Bruce Highway;
There is sufficient car parking. Four parking spaces are proposed to be allocated to tenancy 1 and there will be a substantial pool of unallocated parking spaces within the industrial estate;
The tasting area is only likely to operate on Fridays and on weekends. The peak periods associated with other land uses in the estate are unlikely to coincide with these timeframes;
The site is within the Lake Macdonald water supply catchment but is located within a building that is already committed for urban development purposes. There will be no adverse impacts on the water supply catchment from the proposed use;
The site is already serviced by all typical urban infrastructure including sewer and reticulated water;
The proposal satisfies all higher order provisions of the planning scheme.
The proposal is contrary to a number of Specific and Overall Outcomes of the Business Uses Code and Cooroy & Lake Macdonald Locality, as discussed below.
Business Uses Code
Specific Outcomes
O30 Premises have accessibility to public transport.
O31 Business Uses are designed and constructed to encourage users of the development to access the site by means of foot or bicycle through provision of appropriate end-of-trip facilities including bicycle parking and shower/change rooms.
Overall Outcomes
d) Business Uses are located where there is an appropriate level of infrastructure and a wide range of functions to support those uses;
f) Business development has high levels of accessibility and functionality;
Cooroy & Lake Macdonald Locality
Specific Outcome
O1 Uses are located, designed and operated to avoid significant adverse changes to the light, air quality, noise, accessibility or other conditions enjoyed by users of associated, adjoining or nearby uses.
Overall Outcomes
New uses and works are located, designed and managed to—
i 		be compatible with other uses and works;
ii 		maintain the safety of works;
iii 	avoid significant adverse impacts on the amenity enjoyed by users of other premises, including acoustic and visual qualities; and
iv 	avoid significant adverse effects on the natural environment, including native habitat removal, fragmentation and attrition;
pp) For the Industry Zone—land in this zone—
i 	accommodates the principal industrial centre of the hinterland including businesses associated with manufacturing, production, storage, repairs and the like to the exclusion of inconsistent uses such as residential or community uses;
The proposed use is separately defined by the planning scheme and while may be complementary to the proposed distillery, requires a separate approval from Council and is contrary to the provisions of The Noosa Plan.  The intent of the site’s industrial zoning is to accommodate industrial uses to the exclusion of inconsistent uses such as the proposed bar.  Retail and commercial uses are intended to be located in the business centre of Cooroy and not in the industrial areas.
While other distilleries and bars have been approved in the Noosaville industrial area, the Taylor Court industrial estate is expected to develop for industrial uses in the future. Approval of retail and commercial uses in the area will undermine its intended function as an industrial estate.
The subject site is also located approximately 2 kilometres to the south of the township and urban areas of Cooroy. The isolated location is not supported by appropriate public infrastructure, as there is no footpath nor public transport to connect the site to the township and urban areas of Cooroy. The applicant has also not proposed a patron bus/tour operation service to the site as part of the application.
The proposal also seeks to use 2 out of 39 industrial tenancies approved on the site and while the tenancies are orientated to the front of the site, the proposed bar has the potential to conflict with the sites approved industrial uses. There is real potential that approved industrial uses will impact on bar patrons’ amenity and also perhaps more importantly hinder genuine industrial uses operations resulting in reverse amenity issues.
The table below also identifies that the proposal does not comply with the scheme’s car parking and end of trip facility requirements.

Criteria	Planning Scheme	Proposal	Complies
Site Area	Not applicable	Lot 5 SP197517 10,530.66m2 Tenancy 1 146.7m2 gross floor area (including mezzanine) Tenancy 11 77.82m2 gross floor area	-
Use area		Bar use 55m2 Industrial use 170m2	-
Carparking	Approved tenancy 1 and 2 2.6 spaces Bar use 1 space per 10m2 or part thereof, of use area = 6 spaces Industrial use 1 space per 86.5m2 (approved development) = 2 spaces Total: 8 spaces	2.6 spaces	X
Bicycle Spaces End of Trip Facilities* *(required only where 5 + spaces are required)	Bar use 2 bicycle spaces Industrial use 2 bicycle spaces 1 locker per 2 bicycle spaces and; 1 shower cubicle with ancillary change room per 10 bicycle spaces	0 bicycle spaces 0 locker/s 2 shower cubicles	X X
Carparking
The 5,104m2 gross floor area of the approved 39 tenancy industrial development is required to provide a minimum of 59 car spaces on-site. The minimum 59 spaces was proposed and approved for the site under MCU18/0120.
Given the 5,104m2 gross floor area of the 39 industrial tenancies and 59 on-site car spaces, each of the 39 tenancies should reasonably be afforded the use of 1 space per 86.5m2 (5,104 / 59 = 86.5). Subsequently with a combined area of 225m2, the two subject tenancies (tenancy 1 and 11) are afforded the use of 2.6 car spaces.
Despite the applicant’s submission, the actual use area of the proposed bar and associated industrial distillery is determined and detailed more appropriately as per figure 5 below. For the purpose of assessing use area and carparking, one toilet/shower (room) has been allocated to each of the two uses.

Figure 5 – Use area measurements (Council Development Planner)
The use area of the bar (55m2) requires 6 car spaces and the use area of the associated industrial use (170m2) requires 2 car spaces. Therefore a total of 8 car spaces required, in accordance with Probable Solution S7.1 of the Driveways and Carparking Code.
Additionally, whilst not proposed, it is noted the mezzanine floor above the bar clearly has the potential to be used as part of the bar use.
The applicant suggests upon completion of the overall development (MCU18/0120) some tenancies will be allocated specific car spaces (in excess of what would be afforded as outlined above) and other tenancies will not have any allocated car spaces. The applicant proposes the subject tenancies (tenancies 1 and 11) will be provided with four car spaces for both the proposed bar use and associated industrial use. The applicant also proposes the use of a pool of unallocated parking spaces within the industrial estate. The proposed allocation of car parking is not consistent with The Noosa Plan and is unlikely to be accepted at the Plan Sealing stage for the overall development as some tenancies would have insufficient car parking.
The five existing industrial lots at Taylor Court, Cooroy have not yet been developed, however given the short length of the Taylor Court roadway (approx. 50m) and cul-de-sac design there will be limited on-street carparking available once the sites are fully developed and operating. Therefore it is important that on-site carparking is appropriately provided and maintained for all future uses, particularly given the size and potential development yield of the existing 5 lots.
Overall, given the proposed operating hours of the proposed use and typical operating hours of industrial uses the on site car parking is considered reasonable though some overlap may occur on Friday afternoon. A start time of 5pm in lieu of 3pm on Friday is considered more appropriate and generally able to be conditioned. Similarly, the lack of end of trip facilities could be conditioned also.
draft planning scheme
The draft planning scheme (The Noosa Plan 2020) specifically identifies the proposed bar use as an inconsistent use on the subject site.
The application was referred to Council’s Principal Strategic Planner for advice in relation to the draft planning scheme. The following advice was provided:
The Noosa Plan expresses the following overall outcomes for this zone:
The overall outcomes sought for the Low Impact industry zone are as follows: -
a) development facilitates the efficient use of land for small scale and low impacting industry activities and supporting ancillary uses;
b) incompatible uses, or uses which are more appropriately accommodated in other zones are avoided to protect land for low impact industry activities and to ensure the continued efficient operation and viability of existing and future industry activities;
c) development avoids and mitigates impacts such as noise, odour, dust and other waste on the surrounding area and adverse impacts on the natural environment;
d) development does not compromise the function and viability of business centres or the Noosa Shire centres hierarchy;
e) new uses are located, designed and managed to be compatible with surrounding uses and development;
f) retail sales more appropriately located in business centres, such as shops and showrooms are avoided;
g) small scale retail sales and administrative uses are ancillary to, and have a direct relationship with, the industry activity on site;
h) food and drink outlets occur only where directly ancillary to and associated with a bonafide industry activity on-site, are limited in scale and extent, and do not locate on the western side of Gateway Drive, Noosaville or on land fronting Taylor Court, Cooroy;
i) entertainment activities are limited to theatres in the form of film making studios or recording studios;
j) offices are trade-related only and do not compromise or compete with the Noosa Shire Centres Hierarchy;
k) warehouses for self-storage facilities are avoided to protect industrial land from underutilisation;
l) caretaker's accommodation:
(i) occurs only where directly associated with an industry activity on site and there is a demonstrated operational need for full-time caretaking;
(ii) is ancillary to the primary non-residential use on the site and a small-scale component of the building or premises, subsidiary in size, form and function to the principal nonresidential use of the premises; and
(iii) is occupied by direct employees of the principal non-residential use of the premises;
m) buildings are well designed, safe and visually attractive;
n) development is low rise building and does not present bulky to the street frontages;
o) energy and water efficiency through built form are maximised;
p) building setbacks incorporate attractive soft landscaped treatments to road frontages. Greater landscape setbacks are provided to Eumundi Noosa Road, Eenie Creek Road, Walter Hay Drive and Holts Road;
q) visual amenity and character is enhanced along the major road network by development providing an interesting built form, landscaping and minimum signage along frontages;
r) building design does not detract from the established or planned character of the zone; and
s) development is located, designed and its operations managed to protect the health and safety of the community, does not harm the environment and avoids adverse impacts on creeks, gullies, waterways, wetlands, habitats and vegetation.
As stated above uses in this zone should not be incompatible uses or uses which can be catered for in other zones, such as centres and development should protect the integrity and intent of the industrial nature of the zone and not result in reverse amenity impacts on prime industrial land such as this site and location. Overall outcome h) above also applies to the subject site whereby
“food and drink outlets occur only where directly ancillary to and associated with a bonafide industry activity on-site, are limited in scale and extent, and do not locate on the western side of Gateway Drive, Noosaville or on land fronting Taylor Court, Cooroy;”.
The application includes an entertainment activity in the form of a bar and is not considered an appropriate or compatible use within the immediate locality, being an industrial estate and located on land fronting Taylor Ct, Cooroy. Entertainment uses are more in keeping with and expected to occur in a centre zone and approving them in out-of-centre locations like the industrial estate not only compromises the industrial estate but devalues the centres hierarchy.
The New Noosa Plan does allow for complementary uses, in some industrial precincts in Noosaville where this has occurred organically overtime or is adjacent to a centre location. This is to cater for new business models and enterprises to locate and cluster with other similar businesses to reduce the reverse amenity impacts on other more traditional industrial businesses and retain the viability of key industrial areas outside these precincts. The inclusion of entertainment activities such as bars has proven to be challenging in terms of reverse amenity impacts on existing industrial businesses in the locality, including parking and traffic issues and lack of access to public transport for patrons. The new scheme does not allow entertainment activities such as a bar in industrial areas and any inclusion would need to considered on its merits in terms of precedence in the immediate locality and the preservation of remaining industrial areas for industrial development into the future.
The inclusion of these new precincts being Venture Drive Enterprise and Gateway West Makers Precincts allows for the remaining industrial land to be preserved for industrial uses. It would not be considered appropriate to locate entertainment uses in industrial areas generally, and particularly outside of precincts such as these, where it would erode the integrity of remaining key industrial areas for Noosa Shire now and into the future.
There is an argument to support the local production of food and beverages and this has been allowed for in the New Noosa plan, however there seems to be an increasing and concerning expectation for restaurants and bars co-located with this production which creates reverse amenity and parking problems within the industrial estate. A small ancillary tasting area taking up a small area floor space where the business is predominantly a distillery is reasonable and is permitted in the scheme. Introducing a bar or similar entertainment area is not considered compatible, particularly in industrial areas where this has not occurred and is located adjoining major freight routes which should be preserved to ensure the continued efficient operation and viability of existing and future industry activities.
cONSULTATION
Other Referrals
The application was forwarded to the following internal Council officers:
Principal Strategic Planner, Strategic Land Use Planning
Public Notification
The application was publicly notified for 15 business days in accordance with the Planning Act 2016. No properly made submissions were received.
conclusion & REASONS FOR DECISION
The proposed Entertainment & Dining Type 3 Bar use is identified as an inconsistent use in the Industry Zone of the Cooroy & Lake Macdonald Locality under The Noosa Plan.
The proposed bar is not well located being isolated from the township and urban areas of Cooroy with no footpath and public transport opportunities for patrons. The applicant has also not proposed a patron bus/tour operation service to the site as part of the application. The proposed use also has the potential to conflict with the approved industrial uses on the site and is more appropriately located within a tenancy readily found in Cooroy’s Business Centre Zone or the like.
Notwithstanding, the applicant may wish to establish a tasting area that is ancillary but incidental and subordinate to the approved industrial use. This could provide an opportunity for the industrial business use to offer complimentary samples (manufactured on-site) to potential bulk purchasers, such as local restaurant owners and the like. Such an ancillary component would not include the sale of beverages for consumption on site.
The application is therefore recommended for refusal.
Departments/Sections Consulted:
	Chief Executive Officer		Community Services		Corporate Services
	Executive Officer		Community Development		Financial Services
	Executive Support		Community Facilities		ICT
			Libraries & Galleries		Procurement & Fleet
			Local Laws		Property
			Waste & Environmental Health		Revenue Services
					
	Executive Services	X	Environment & Sustainable Development		Infrastructure Services
	Community Engagement		Building & Plumbing Services		Asset Management
	Customer Service	X	Development Assessment		Buildings and Facilities
	Governance		Economic Development		Civil Operations
	People and Culture		Environmental Services		Disaster Management
		X	Strategic Land Use Planning		Infrastructure Planning, Design and Delivery
					

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PLANNING & ENVIRONMENT COMMITTEE MEETING REPORT	10 MARCH 2020

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